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This case was last updated from PACER on 05/04/2021 at 07:37:52 (UTC).

JUUL Labs, Inc. v. Lakeside Smokeshop

Case Summary

On March 05, 2021, JUUL Labs, Inc. ("JLI" or “Plaintiff”), represented by Randall J Clement of Clement and Ho, filed an intellectual property lawsuit against Lakeside Smokeshop, a California

corporation ("Defendant"), seeking injunctive relief,treble damages with interest or in alternative, $2,000,000.00 for each of the counterfeited trademarks willfully utilized by Defendant per type of goods sold, offered for sale, or distributed in addition to asset freeze, seizure and destruction of counterfeit goods for alleged sale and distribution of unlawful counterfeit products. This case was filed in U.S. District Court in the Southern District of California with Judge Barbara L. Major, Judge Marilyn L. Huff, and Judge William Q. Hayes presiding. 

 

In the complaint, the Plaintiff claimed that JLI is the exclusive owner of federally-registered, registration-pending, and common law trademarks ("the JUUL Marks"). 

 

JLI alleged that “beginning on a date that is currently unknown to JLI, Defendant, without the consent of JLI and within the United States, has offered to sell and sold non-genuine JUUL Products which, as stated on the packaging of the products themselves, are only authorized for sale in particular countries outside the United States and materially differ from genuine JUUL Products ("Unlawful Grey Market Goods"). Because the Unlawful Grey Market Goods are labeled and packaged to comply with the regulations of the authorized foreign marketplaces, the labeling and packaging of the Unlawful Grey Market Goods are not in compliance with the regulations of the U.S. Food and Drug Administration.”

 

JLI further alleged that “Defendant's counterfeit sales outlined above are likely to deceive, confuse, and mislead purchasers and prospective purchasers into believing that the products are authorized by JLI. Purchasers and prospective purchasers using or simply viewing Defendant's Counterfeit Goods and who perceive a defect, lack of quality, or any other irregularity are likely to mistakenly attribute the issue to JLI, to the detriment of JLI's business and the JUUL brand.”

 

There are five causes of action laid down by the Plaintiff, for contributory, and/or vicarious trademark infringement in violation of 15 U.S.C. §1114, false designation of origin with reference to counterfeit goods in violation of 15 U.S.C. §1125(a)(1)(A), unfair competition with reference to counterfeit goods in violation of 15 U.S.C. §1125(a)(1)(A), trademark infringement with reference to Grey Market Goods in violation of 15 U.S.C. §1114.and unfair competition pursuant to California Business & Professionals Code §17200, et seq. against all defendants respectively.

 

In the prayer for relief, the Plaintiff requested the court to pass an order to award treble the amount of damages for trademark infringement under 15 U.S.C §§ 1114 and 1117, false designation of origin under 15 U.S.C. §1125(a) and unfair competition under 15 U.S.C. §1125(a) or in alternative, $2,000,000.00 for each of the counterfeited trademarks willfully utilized by Defendant per type of goods sold, offered for sale, or distributed. The Plaintiff further requested for an order for injunctive relief, asset freeze or creation of constructive trust in addition to seizure of goods and counterfeit marks and destruction all products, accessories, labels, signs, prints, packages, wrappers, marketing materials, and other material in their possession, custody, or control bearing any of the JUUL Marks and costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-00398

  • Filing Date:

    03/05/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Trademark

  • Court:

    U.S. District Courts

  • Courthouse:

    California Southern District

Judge Details

Referral Judge

Barbara Lynn Major

Presiding Judges

Marilyn L. Huff

William Q. Hayes

 

Party Details

Plaintiff

JUUL Labs, Inc.

Defendant

Lakeside Smokeshop

Attorney/Law Firm Details

Plaintiff Attorney

Randall J Clement

Attorney at Clement and Ho

201 West Whiting Avenue

Fullerton, CA 92832

 

Court Documents

#6

(#6) SUMMONS Returned Executed by JUUL Labs, Inc.. Lakeside Smokeshop served. (Clement, Randall) (ag). (Entered: 03/24/2021)

#4

(#4) Corporate Disclosure Statement by JUUL Labs, Inc. identifying Other Affiliate Altria Group, Inc. for JUUL Labs, Inc... (Clement, Randall) (jmr). (Entered: 03/05/2021)

#3

(#3) Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (mcb) (sjt). (Entered: 03/05/2021)

#2

(#2) REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *4,818,664*, *4,898,257*, *5,918,490* cc:USPTO (mcb)(sjt). (Entered: 03/05/2021)

 

Docket Entries

  • 03/24/2021
  • View Court Documents
  • Docket(#6) SUMMONS Returned Executed by JUUL Labs, Inc.. Lakeside Smokeshop served. (Clement, Randall) (ag). (Entered: 03/24/2021)

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  • 03/08/2021
  • Docket(#5) MINUTE ORDER OF RECUSAL: Judge Marilyn L. Huff hereby recuses from this case and directs the Clerk to randomly reassign the case to another district judge. This case has been randomly reassigned to Judge William Q. Hayes for all further proceedings. Judge Marilyn L. Huff is no longer assigned to this case. The new case number is 21-cv-0398-WQH-BLM. SO ORDERED by Judge Marilyn L. Huff on 3/8/2021. (no document attached) (smy) (Entered: 03/08/2021)

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  • 03/05/2021
  • View Court Documents
  • Docket(#4) Corporate Disclosure Statement by JUUL Labs, Inc. identifying Other Affiliate Altria Group, Inc. for JUUL Labs, Inc... (Clement, Randall) (jmr). (Entered: 03/05/2021)

    Read MoreRead Less
  • 03/05/2021
  • View Court Documents
  • Docket(#3) Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (mcb) (sjt). (Entered: 03/05/2021)

    Read MoreRead Less
  • 03/05/2021
  • View Court Documents
  • Docket(#2) REPORT on the filing or determination of an action regarding patent and/or trademark number(s) *4,818,664*, *4,898,257*, *5,918,490* cc:USPTO (mcb)(sjt). (Entered: 03/05/2021)

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  • 03/05/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Lakeside Smokeshop ( Filing fee $ 402 receipt number ACASDC-15491639.), filed by JUUL Labs, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)The new case number is 3:21-cv-398-H-BLM. Judge Marilyn L. Huff and Magistrate Judge Barbara Lynn Major are assigned to the case. (Clement, Randall)(mcb) (sjt). (Entered: 03/05/2021)

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