A&A Global V Predovich - Complaint

Case 2:17-cv-05609-SJO-SK Document 1 Filed 07/28/17 Page 1 of 30 Page ID #:1
1 ARASH BERAL (BAR NO. 245219)

[email protected]
2 MATTHEW A. YOUNG (BAR NO. 266291)
[email protected]
3 FREEMAN, FREEMAN & SMILEY, LLP
1888 Century Park East, Suite 1900
4 Los Angeles, California 90067
Telephone: (310) 255-6100
5 Facsimile: (310) 255-6200
6 Attorneys for Plaintiff
A&A GLOBAL IMPORTS, INC.
7
8
9 UNITED STATES DISTRICT COURT
10 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
11
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1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
FREEMAN, FREEMAN & SMILEY,
12 A&A GLOBAL IMPORTS, INC., a Case No. 2:17-cv-05609

California corporation,
13 PLAINTIFF A&A GLOBAL
(310) 255-6100
Plaintiff, IMPORTS, INC.S COMPLAINT

14 FOR:
vs.
15 1. PATENT
BROCK PREDOVICH, an individual; INFRINGEMENT;
16 NUERA GROUP, a Colorado 2. FALSE DESIGNATION OF
corporation; and DOES 1 through 10, ORIGIN;
17 3. TRADEMARK
Defendants. INFRINGEMENT;
18 4. TRADE DRESS
INFRINGEMENT;
19 5. UNFAIR COMPETITION IN
VIOLATION OF THE
20 LANHAM ACT;
6. UNFAIR COMPETITION IN
21 VIOLATION OF THE UNFAIR
COMPETITION LAW;
22 7. FALSE ADVERTISING IN
VIOLATION OF THE FALSE
23 ADVERTISING LAW;
8. INTENTIONAL
24 INTERFERENCE WITH
CONTRACTUAL
25 RELATIONS;
9. INTENTIONAL
PROSPECTIVE ECONOMIC
27 RELATIONS;
10. NEGLIGENT
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PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
1 PROSPECTIVE ECONOMIC
RELATIONS; AND
2 11. RESTITUTION TO AVOID
UNJUST ENRICHMENT
3
DEMAND FOR JURY TRIAL
4
5
6 Plaintiff A&A Global Imports, Inc. complains of defendants and alleges as
7 follows:
8 ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
9 JURISDICTION AND VENUE
10 1. This is an action for injunctive relief and damages based on the unfair
11 competition and other tortious conduct committed by the defendants named herein,
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12 specifically arising under 35 U.S.C. 271, the United States Trademark Act of
13 1946, 15 U.S.C. 1051, et seq., as amended, (e.g., the Lanham Act, 15 U.S.C.
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14 1114, 1125, et seq.), California statutory law (California Business & Professions
15 Code 17200, et seq., and 17500, et seq.), and under the common law.
16 2. This Court has subject matter jurisdiction under 15 U.S.C. 1121(a),
17 28 U.S.C. 1331, and 28 U.S.C. 1338(a), as well as supplemental jurisdiction
18 under 28 U.S.C. 1338(b) and 1367(a).
19 3. Venue is proper in this district under 28 U.S.C. 1391(b) and (c).
20 4. The Court has personal jurisdiction over each defendant because, as set
21 forth below, each defendant either conducts business in California, including within
22 this judicial district, or has engaged in conduct directed at the State of California, or
23 both.
24 THE PARTIES
25 5. Plaintiff (hereinafter, Plaintiff or A&A Global) is and at all times
26 mentioned herein was a California corporation, doing business in California,
27 including within this judicial district. Plaintiffs principal place of business is located
28 in Los Angeles, California.
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1 6. Plaintiff is informed and believes and thereupon alleges that Defendant

2 Brock Predovich (hereinafter, Predovich), is and at all times mentioned herein was
3 an individual residing in Denver, Colorado.
4 7. Plaintiff is informed and believes and thereupon alleges that Defendant
5 Nuera Group (hereinafter Nuera Group), is and at all times mentioned herein was a
6 Colorado corporation, with its principal place of business located in Denver,
7 Colorado.
8 8. Plaintiff is ignorant of the true names and capacities of the defendants
9 sued herein as DOES 1 through 10, inclusive, and therefore sues said defendants by
10 said fictitious names. Plaintiff will amend this Complaint to allege their true names
11 and capacities when ascertained.
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12 9. Plaintiff is informed and believes and thereupon alleges that at all times
13 relevant herein, each of the DOE defendants, and each of the named defendants, were
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14 the agents and/or employees of one or more of the other defendants, were acting
15 within the course and scope of said agency and/or employment, and that each
16 defendant has aided and assisted one or more of the other defendants in committing
17 the wrongful acts alleged herein.
18 10. Plaintiff is informed and believes and thereupon alleges that defendants,
19 and each of them, conspired and agreed among themselves to do the acts complained
20 of herein and were, in doing the acts complained of herein, acting pursuant to said
21 conspiracy, and that each defendant sued herein is jointly and severally responsible
22 and liable to Plaintiff for the damages alleged herein.
23 GENERAL ALLEGATIONS
24 11. Plaintiff is a plastic packaging manufacturer. It manufactures, sells, and
25 distributes packaging materials, such as prescription bottles, vials, and exit bags, all
26 over the United States. Plaintiffs customer base includes pharmacies and cannabis
27 dispensaries, to which Plaintiff (and its assignees or licensees) distributes high quality
28 prescription vials and child-proof exit bags which are manufactured to comport with
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1 the laws of the jurisdiction in which Plaintiffs customers (the pharmacies and
2 cannabis dispensaries) do business. Plaintiff does not now nor has it ever
3 manufactured, sold, or distributed cannabis or marijuana product listed as a Schedule
4 1 drug under the Drug Enforcement Administrations (DEA) Drug Schedules.
5 12. Plaintiff owns patent rights, and other intellectual property rights in and
6 to Patent No. US D766,076 S (the 076 Patent), issued by the United States Patent
7 and Trademark Office. The 076 Patent provides Plaintiff exclusive rights to
8 manufacture, sell, and distribute a plastic bag package bearing the design set forth in
9 the 076 Patent. A true and correct copy of the 076 Patent is attached hereto as
10 Exhibit A and incorporated by reference herein.
11 13. In addition to patent rights, Plaintiff alleges that its plastic bag package
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12 bearing the design set forth in the 076 Patent is distinctive, such that it constitutes
13 Plaintiffs trade dress.
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14 14. Plaintiff further asserts that it has common law trademark and statutory
15 trademark rights in U.S. Registration No. 4,894,410 (the 410 Registration) for the
16 word mark PinchNSlide, which mark Plaintiff uses in connection with its plastic
17 bag package bearing the design set forth in the 076 Patent.
18 15. Moreover, with growing national acceptance of medical cannabis
19 products (and in some states, recreational cannabis products), many states have
20 passed laws regulating the sale of cannabis. Of importance, some states have
21 already passed laws requiring that cannabis products be packaged in certified child-
22 resistant packaging in accordance with federal consumer product safety guidelines,
23 codified at 16 C.F.R. 1700.1, et seq., and in accordance with ASTM standards.
24 Certainly, as time progresses and more regulatory laws regarding the sale of
25 cannabis are passed and codified, more states will likely enact the same or identical
26 child-resistant packaging requirements.
27 16. Plaintiff manufactures, sells, and distributes fully-compliant, federal-
28 and ASTM-certified child-resistant vials, bags and other forms of packaging to its
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1 cannabis dispensary customers, including its plastic bag package bearing the design
2 set forth in the 076 Patent. Indeed, Plaintiff has expended considerable time and
3 resources in developing its products so as to meet and satisfy all applicable federal
4 and ASTM standards.
5 17. Plaintiff is informed and believes and thereupon alleges that Predovich
6 and Nuera Group have solicited and/or continue to manufacture, source, sell,
7 market, advertise, distribute, and otherwise solicit customers through, at least, the
8 website www.shopify.com and through other electronic means, to purchase products
9 that compete with Plaintiffs products, including Defendants Patent Pending
10 ASTM Certified Child-Resistant Exit-Bag, which Defendants describe as
11 PinchNTwist (bearing a striking contrast to Plaintiffs PinchNSlide trademark.
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12 18. Plaintiff is informed and believes and thereupon alleges that none of the
13 packaging bags that the Defendants source, advertise and offer for sale meet the
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14 child-resistant compliance regulations or ASTM standards involving child-resistant

15 packaging. Hereinafter, these products will be referred as the Non-Compliant
16 Products.
18 relevant herein, the Defendants and each of them concealed material facts, including
19 that the Non-Compliant Products are not approved for lawful use in states that
20 require child-resistant packaging, that they do not meet federal consumer product
21 safety guidelines, codified at 16 C.F.R. 1700.1, et seq., and that they are not certified
22 under any ASTM standard involving child-resistant packaging.
24 relevant herein, the Defendants have advertised or made representations to actual
25 and prospective customers that the Non-Compliant Products are in fact certified, do
26 in fact meet state compliance regulations, and are child proof, all of which are false.
27 21. In addition, Defendants have infringed on Plaintiffs patent, trade dress,
28 and trademark rights in connection with the manufacture, sourcing, sale, and
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1 distribution of the Non-Compliant Products, causing public confusion and

2 deception, which, in turn, has misled and induced would-be customers of Plaintiffs
3 products to purchase Defendants Non-Compliant Products instead.
4 22. As a result of the acts and omissions alleged above, Plaintiff is
5 informed and believes and thereupon alleges that customers who have purchased the
6 Non-Compliant Products from the Defendants have been led erroneously to believe
7 that the Non-Compliant Products meet all legal requirements and are a suitable
8 replacement for Plaintiffs products. Because the Defendants offer the Non-
9 Compliant Products for sale at a steep discount, customers have been misled and
10 induced to purchase the Non-Compliant Products in lieu of Plaintiffs products (or
11 other competitors products that comply with all legal requirements).
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12 23. In many instances, Plaintiff has either lost customers to the Defendants
13 or has been forced to price-match its fully compliant, child-resistant packaging
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14 products to its customers who received solicitations from the Defendants to sell the
15 Non-Compliant Products at a much lower cost. As a consequence, Plaintiff has
16 suffered a significant amount of damages and continues to suffer damages unless
17 and until the Defendants improper conduct is enjoined.
18 24. Not only do they infringe on Plaintiffs intellectual property rights, but
19 the Non-Compliant Products sold and offered for sale by the Defendants in
20 jurisdictions that require child-resistant packaging are unlawful, unsafe, and pose an
21 immediate threat not only to Plaintiff (and other similarly situated businesses) but
22 also to the publics health and safety.
23 FIRST CAUSE OF ACTION
24 PATENT INFRINGEMENT
25 (AGAINST ALL DEFENDANTS)
26 25. Plaintiff incorporates by this reference the allegations in paragraphs 1
27 through 24, above.
28 / / /
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1 26. Defendants have willfully infringed on the 076 Patent in connection

2 with their distribution of their Non-Compliant Products. Defendants have used,
3 caused to be produced, sourced, distributed, advertised, marketed, offered for sale,
4 sold within the United States, and/or have imported into the United States exit bags
5 that are substantially similar to the 076 Patent in direct violation of 35 U.S.C.
6 271. An example of the Non-Compliant Product is shown below:
7
8
9
10
11
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12
13 27. A simple review of the 076 Patent confirms that the Non-Compliant
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14 Products infringe on that patent. A comparison of the Non-Compliant Products and

15 the 076 Patent reveal, for example, striking similarities that could only be the result
16 of conscious efforts to copy Plaintiffs design.
17 28. Although Plaintiff has provided Defendants with actual notice of their
18 infringing conduct, Plaintiff is informed and believes and thereupon alleges that
19 Defendants continue to engage in activities that infringe Plaintiffs patent rights.
20 29. As a direct and proximate result of Defendants infringing conduct,
21 Plaintiff has been injured and will continue to suffer injury to its business and
22 reputation unless Defendants are restrained by this Court from infringing Plaintiffs
23 076 Patent.
24 30. Defendants acts have damaged and will continue to damage Plaintiff,
25 and Plaintiff has no adequate remedy at law.
26 31. Plaintiff is informed and believes that Defendants had pre-suit
27 knowledge of Plaintiffs rights to the 076 Patent and have intentionally copied said
28 design for their own products in an effort to pass them off as if they originated, are
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1 associated with, are affiliated with, are authorized by, and/or are approved by
2 Plaintiff.
3 32. In light of the foregoing, Plaintiff is entitled to injunctive relief
4 prohibiting Defendants from infringing the 076 Patent and to recover damages
5 adequate to compensate for the infringement, including Defendants profits pursuant
6 to 35 U.S.C. 289. Plaintiff is also entitled to recover any other damages as
7 appropriate pursuant to 35 U.S.C. 284 as Plaintiff believes that Defendants
8 infringement was and continues to be willful and deliberate. Plaintiff is also entitled
9 to a complete accounting of all revenue and profits derived by Defendants from the
10 unlawful conduct alleged herein. Additionally, the conduct alleged herein qualifies
11 this action as an exceptional case supporting an award of reasonable attorneys fees
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12 pursuant to 35 U.S.C. 285.

13 SECOND CAUSE OF ACTION
(310) 255-6100
14 FALSE DESIGNATION OF ORIGIN

18 34. Defendants use of a PinchNTwist mark which closely resembles
19 Plaintiffs PinchNSlide mark constitutes false designation of origin in violation of
20 the Lanham Act, 15 U.S.C. 1125. Such unauthorized use causes, and is likely to
21 cause confusion, mistake, or deception of others, as to the affiliation, connection, or
22 association of Defendants with Plaintiff, and also causes, and is likely to cause,
23 confusion, mistake, or deception as to the origin, sponsorship, or approval of the
24 goods and services of Defendants with those of Plaintiff.
25 35. Plaintiff is informed and believes and thereupon alleges that in
26 sourcing, selling or distributing the Non-Compliant Products, Defendants have used
27 the term PinchNTwist in reference thereto, designed in such a way to include
28 striking similarities with Plaintiffs trademark rights for PinchNSlide.
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1 36. Defendants wrongful use of PinchNTwist in reference to the Non-

2 Compliant Products comprises an infringement of Plaintiffs trademark rights and is
3 likely to cause confusion, mistake and deception of the public as to the identity and
4 origin of Plaintiffs products, causing irreparable harm to Plaintiff for which there is
5 no adequate remedy at law.
6 37. Defendants knew, or should have known, of Plaintiffs rights, and
7 Defendants false description, false representation, and false designation of origin
8 were knowing, willful, and deliberate, making this an exceptional case within the
9 meaning of 15 U.S.C. 1117.
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13 trademark rights.
(310) 255-6100
17 knowledge of Plaintiffs trademark rights and have intentionally copied said
18 trademark for their own products in an effort to pass them off as if they originated,
19 are associated with, are affiliated with, are authorized by, and/or are approved by
20 Plaintiff.
22 prohibiting Defendants from infringing its trademark rights and to recover damages
23 adequate to compensate for the infringement.
24 THIRD CAUSE OF ACTION
25 TRADEMARK INFRINGEMENT
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1 43. Plaintiff asserts statutory trademark rights in the 410 Registration for
2 PinchNSlide, stylized as:
3
4
5 44. Plaintiff is informed and believes and thereupon alleges that in
6 sourcing, selling or distributing the Non-Compliant Products, Defendants have used
7 the term PinchNTwist in reference thereto, designed in such a way to include
8 striking similarities with the 410 Registration for PinchNSlide.
9 45. Defendants wrongful use of PinchNTwist in reference to the Non-
10 Compliant Products comprises an infringement of Plaintiffs 410 Registration for
11 PinchNSlide and is likely to cause confusion, mistake and deception of the public
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12 as to the identity and origin of Plaintiffs products, causing irreparable harm to

13 Plaintiff for which there is no adequate remedy at law.
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14 46. By reason of the foregoing acts, Defendants are liable to Plaintiff for
15 trademark infringement under 15 U.S.C. 1114.
16 47. Defendants knew, or should have known, of Plaintiffs rights, and
17 Defendants infringement was knowing, willful, and deliberate, making this an
18 exceptional case within the meaning of 15 U.S.C. 1117.
22 trademark rights.
25 50. Plaintiff is informed and believes that Defendants had pre-suit knowledge
26 of Plaintiffs trademark rights and has intentionally copied said trademark for their
27 own products in an effort to pass them off as if they originated, are associated with,
28 are affiliated with, are authorized by, and/or are approved by Plaintiff.
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2 prohibiting Defendants from infringing its trademark rights and to recover damages
4 FOURTH CAUSE OF ACTION
5 TRADE DRESS INFRINGEMENT
9 53. Plaintiffs plastic bag package bearing the design set forth in the 076
10 Patent constitutes Plaintiffs protectable trade dress. The protectable trade dress of
11 Plaintiffs plastic bag package bearing the design set forth in the 076 Patent are
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12 nonfunctional features that identify the product and its source to customers.
13 54. Defendants have willfully infringed on Plaintiffs trade dress rights in
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14 connection with their distribution of their Non-Compliant Products. Defendants

15 have used, caused to be produced, sourced, distributed, advertised, marketed,
16 offered for sale, sold within the United States, and/or have imported into the United
17 States the Non-Compliant Products that incorporate distinctive features of Plaintiffs
18 plastic bag package, which actions constitute the use in commerce of false
19 designations of origin, false or misleading descriptions or representations that are
20 likely to cause confusion and mistake and to deceive consumers as to the source of
21 origin of Defendants products or affiliation, connection, or association of
22 Defendants with Plaintiff or the sponsorship or approval of Defendants products by
23 Plaintiff, constituting trade dress infringement in violation of the Lanham Act, 15
24 U.S.C. 1125.
25 55. Although Plaintiff has provided Defendants with actual notice of their
26 infringing conduct, Plaintiff is informed and believes and thereupon alleges that
27 Defendants continue to engage in activities that infringe Plaintiffs trade dress rights.
28 / / /
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4 trade dress rights.
8 knowledge of Plaintiffs trade dress rights and have intentionally copied said trade
9 dress for their own products in an effort to pass them off as if they originated, are
10 associated with, are affiliated with, are authorized by, and/or are approved by
11 Plaintiff.
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13 prohibiting Defendants from infringing its trade dress rights and to recover damages
(310) 255-6100

15 FIFTH CAUSE OF ACTION
16 UNFAIR COMPETITION IN VIOLATION OF THE LANHAM ACT
20 61. Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a), proscribes any
21 act amounting to unfair competition, including the use of any false or misleading
22 description of fact or false or misleading representation of fact, which:
23 (A) is likely to cause confusion, or to cause mistake, or to deceive as
to the affiliation, connection, or association of such person with
24
another person, or as to the origin, sponsorship, or approval of his or
25 her goods, services, or commercial activities by another person, or
(B) in commercial advertising or promotion, misrepresents the nature,
26
characteristics, qualities, or geographic origin of his or her or another
27 person's goods, services, or commercial activities.
28
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1 62. In advertising, marketing, promoting, offering for sale, sourcing,

2 selling, distributing, and making false and misleading assertions of fact regarding
3 the Non-Compliant Products, the Defendants acts described above constitute unfair
4 competition in violation of the Lanham Act.
5 63. As a direct and proximate result of the Defendants conduct as
6 described above, Plaintiff has suffered irreparable harm insofar as the Defendants
7 conduct has damaged the business, reputation, goodwill, and integrity of Plaintiff
8 and its products, and insofar as Plaintiff has lost actual and prospective customers to
9 the Defendants.
10 64. While Plaintiff has suffered damages and continues to suffer damages
11 as a result of the Defendants conduct, monetary damages alone will not afford
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12 Plaintiff adequate relief. As such, Plaintiff has no adequate remedy at law that will
13 compensate for the continued and irreparable harm it has suffered and will continue
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14 to suffer if the Defendants conduct is allowed to continue.

15 65. Plaintiff is informed and believes and thereupon alleges that unless
16 enjoined by this Court, the Defendants, and any person or entity complicit or
17 participating with them, or each of them, will continue to engage in unfair
18 competition and unlawful conduct. Therefore, Plaintiff seeks injunctive relief as
19 further described herein.
20 66. Plaintiff is also informed and believes and thereupon alleges that the
21 Defendants have profited by reason of their acts of unfair competition and unlawful
22 acts as alleged herein. Therefore, Plaintiff also seeks an order requiring the
23 Defendants to disgorge all of their ill-gotten gains. Plaintiff also seeks an award of
24 treble damages and attorneys fees and costs under 15 U.S.C. 1117(a).
25 / / /
26 / / /
27 / / /
28 / / /
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1 SIXTH CAUSE OF ACTION

2 UNFAIR COMPETITION IN VIOLATION OF THE UNFAIR
3 COMPETITION LAW
7 68. California Business and Professions Code Section 17200, et seq.,
8 proscribes any act amounting to unfair competition, including any unlawful, unfair
9 or fraudulent business act or practice and unfair, deceptive, untrue or misleading
10 advertising.
11 69. In advertising, marketing, promoting, offering for sale, selling,
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12 distributing, and making false and misleading assertions of fact regarding the Non-
13 Compliant Products, the Defendants acts described above constitute unfair
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14 competition in violation of the Unfair Competition Law.

15 70. As a direct and proximate result of the Defendants conduct as
16 described above, Plaintiff has suffered irreparable harm insofar as the Defendants
17 conduct has damaged the business, reputation, goodwill, and integrity of Plaintiff
18 and its products, and insofar as Plaintiff has lost actual and prospective customers to
19 the Defendants.
28
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1 competition and unlawful conduct. Therefore, Plaintiff seeks injunctive relief as

2 further described herein.
4 Defendants have profited by reason of their acts of unfair competition and unlawful
5 acts as alleged herein. Therefore, Plaintiff also seeks an order requiring the
6 Defendants to disgorge all of their ill-gotten gains.
7 SEVENTH CAUSE OF ACTION
8 FALSE ADVERTISING IN VIOLATION OF THE FALSE ADVERTISING
9 LAW
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13 75. California Business and Professions Code Section 17500, et seq.,
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14 proscribes any act amounting to false advertising, including any act with intent to
15 dispose of personal property, or to induce the public to enter into any obligation
16 relating thereto to make any untrue or misleading statement concerning any
17 circumstance or matter of fact connected with the proposed performance or
18 disposition thereof.
19 76. In advertising, marketing, promoting, offering for sale, selling,
20 distributing, and making false and misleading assertions of fact regarding the Non-
21 Compliant Products, the Defendants acts described above constitute false
22 advertising in violation of the False Advertising Law.
23 77. As a direct and proximate result of the Defendants conduct as described
24 above, Plaintiff has suffered irreparable harm insofar as the Defendants conduct has
25 damaged the business, reputation, goodwill, and integrity of Plaintiff and its products,
26 and insofar as Plaintiff has lost actual and prospective customers to the Defendants.
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7 competition, false advertising, and unlawful conduct. Therefore, Plaintiff seeks
8 injunctive relief as further described herein.
10 Defendants have profited by reason of their acts of unfair competition, false
11 advertising, and unlawful acts as alleged herein. Therefore, Plaintiff also seeks an
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12 order requiring the Defendants to disgorge all of their ill-gotten gains.

13 EIGHTH CAUSE OF ACTION
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14 INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS

18 82. At all times mentioned in this Complaint, Plaintiff enjoyed contractual
19 relationships with its customers, all of which contained the probability of future
20 economic benefits to Plaintiff. The nature of Plaintiffs relationship with each of
21 said customers was such that the relationship would normally continue, to the
22 benefit of Plaintiff, unless interfered with.
23 83. Plaintiff is informed and believes and thereupon alleges that the
24 Defendants knew of the existence and the nature of these contractual relationships
25 and intended to interfere with them.
27 Defendants engaged in the conduct alleged hereinabove in conscious disregard of
28 Plaintiffs contractual relationships with its existing and potential clients. Plaintiff is
3344152.3
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1 informed and believes and thereupon alleges that the Defendants wrongful conduct
2 either has disrupted and will continue to disrupt those relationships.
3 85. As a direct and proximate result of the foregoing conduct by the
4 Defendants, Plaintiff has been damaged in an amount that cannot presently be
5 ascertained. Plaintiff is informed and believes and thereupon alleges that it will
6 incur additional damages in the future as long as the Defendants continue to engage
7 in the wrongful conduct alleged in this Complaint.
8 86. The conduct of the Defendants alleged herein was either malicious, in
9 that it was carried on with the intent to cause injury to Plaintiff, or despicable, in that
10 it was carried on with a conscious disregard for the rights of Plaintiff. In either case,
11 Plaintiff is entitled to an award of exemplary damages against the Defendants, and
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12 each of them, in an amount to be determined by the Court.

13 NINTH CAUSE OF ACTION
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14 INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC

15 RELATIONS
21 economic benefits and relationships to Plaintiff. The nature of Plaintiffs
22 relationship with each of said customers was such that the relationship would
23 normally continue, to the benefit of Plaintiff, unless interfered with.
25 Defendants knew of the existence and the nature of these contractual relationships,
26 and the prospective relationships, and intended to interfere with them.
28 Defendants engaged in the conduct alleged hereinabove in conscious disregard of
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1 Plaintiffs contractual relationships with its existing and potential clients. Plaintiff is
2 informed and believes and thereupon alleges that the Defendants wrongful conduct
3 either has disrupted and will continue to disrupt those relationships.
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14 TENTH CAUSE OF ACTION

15 NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC
16 RELATIONS
22 economic benefits and relationships to Plaintiff. The nature of Plaintiffs
23 relationship with each of said customers was such that the relationship would
24 normally continue, to the benefit of Plaintiff, unless interfered with.
26 Defendants knew of the existence and the nature of these contractual relationships,
27 and the prospective relationships, and intended to interfere with them. At the very
28 least, the Defendants negligently interfered with these relationships.
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2 Defendants engaged in the conduct alleged hereinabove negligently and in conscious
3 disregard of Plaintiffs contractual relationships with its existing and potential clients.
4 Plaintiff is informed and believes and thereupon alleges that the Defendants
5 wrongful conduct either has disrupted and will continue to disrupt those relationships.
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16 ELEVENTH CAUSE OF ACTION
17 RESTITUTION TO AVOID UNJUST ENRICHMENT
21 100. As alleged herein, the Defendants have profited by reason of their acts
22 of unfair competition, false advertising, and other unlawful, tortious acts as alleged
23 herein.
24 101. Under the circumstances, it would be inequitable for the Defendants to
25 retain the benefits of their ill-gotten gains. Plaintiff is therefore entitled to full
26 restitution and/or disgorgement by the Defendants of all revenues, earnings, profits
27 or other economic benefits earned at Plaintiffs detriment and expense. Otherwise,
28 the Defendants would be unjustly enriched.
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1 PRAYER FOR RELIEF

2 WHEREFORE, Plaintiff prays for judgment against all defendants, and each of
3 them, as follows:
4 1. For damages in an amount to be proved at trial;
5 2. For restitution;
6 3. For punitive and exemplary damages;
7 4. For treble damages;
8 5. For a temporary restraining order, and preliminary and permanent
9 injunctive relief:
10 (A) restraining and enjoining all Defendants, and anyone acting in
11 concert with or participating with them from engaging in, committing
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12 or performing, either directly or indirectly the following acts:

13 1) Infringing on Plaintiffs patent and trade dress rights;
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14 2) Promoting, marketing, advertising, offering for sale, selling, or

15 distributing any of the Non-Compliant Products, or similar
16 products, or otherwise causing any third party to promote,
17 market, advertise, offer for sale, sell, or distribute any of the
18 Non-Compliant Products, or similar products;
19 3) Publishing, advertising, and/or otherwise making any statement to
20 the public, either directly or indirectly, that states, implies or
21 suggests that the Non-Compliant Products, or similar products, are:
22 a) Certified or approved;
23 b) Child proof;
24 c) Compliant with state laws requiring child-resistant packaging;
25 or
26 d) Compliant with state regulations.
27 (B) restraining and enjoining Defendants, and anyone acting in concert
28 with or participating with it from engaging in, committing or
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1 performing, either directly or indirectly the following acts:

2 1) Using any trademark that imitates or is confusingly similar to or
3 in any way similar to Plaintiffs 410 Registration for Pinch N
4 Slide, or that is likely to cause confusion, mistake, deception, or
5 public misunderstanding as to the origin of Plaintiffs products or
6 their connectedness to Defendants;
7 (C) directing and compelling all Defendants, and anyone acting in
8 concert with or participating to:
9 1) Deliver up for destruction all packages and receptacles in
10 Defendants possession, custody or control infringing upon
11 Plaintiffs 076 Patent and its trade dress rights;
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12 2) Prominently label the Non-Compliant Products, or similar

13 products, in such a way as to fully disclose to and caution all
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14 distributors, purchasers, and customers that the Non-Compliant

15 Products do not comply with the provisions of any federal, state,
16 or local laws or regulations involving child-resistant packaging,
17 do not meet the minimum requirements of the ASTM standards
18 involving child-resistant packaging, and are not child-resistant;
19 3) Prominently and fully disclose to and caution all past, present,
20 and future distributors, purchasers, and customers of the Non-
21 Compliant Products, or similar products that the Non-Compliant
22 Products do not comply with the provisions of any federal, state,
23 or local laws or regulations involving child-resistant packaging,
24 do not meet the minimum requirements of the ASTM standards
25 involving child-resistant packaging, and are not child-resistant,
26 including on all of defendants websites and other marketing
27 materials;
28
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21
1 4) Post a copy on all of Defendants websites and provide a copy

2 of any temporary restraining order, preliminary injunction, or
3 permanent injunction to all past, present, and future distributors,
4 purchasers, and customers of the Non-Compliant Products,
5 including to all known persons that the defendants have provided
6 marketing materials to or to whom the defendants have made any
7 false or misleading claim in connection with the Non-Compliant
8 Products; and
9 5) File a report with the Court in writing and under oath setting
10 forth in detail the manner and form in which the defendants have
11 complied with any temporary restraining order, preliminary
LLP
12 injunction, or permanent injunction.

13 6. For an award of attorneys fees, costs and expenses;
(310) 255-6100
14 7. For prejudgment and post-judgment interest as allowed by law;

15 8. For costs of suit incurred herein; and
16 9. For such other and further relief that the Court deems just and proper.
17
18 DATED: July 28, 2017 FREEMAN, FREEMAN & SMILEY, LLP
19
20 By: /s/ Arash Beral
ARASH BERAL
21
MATTHEW A. YOUNG
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3344152.3
22
1 DEMAND FOR JURY TRIAL

2 Plaintiff hereby demands a jury trial.
3
4 DATED: July 28, 2017 FREEMAN, FREEMAN & SMILEY, LLP
5
6 By: /s/ Arash Beral
ARASH BERAL
7
MATTHEW A. YOUNG
9
10
11
LLP
12
13
(310) 255-6100
14
15
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3344152.3
23
EXHIBIT A

A&A Global V Predovich - Complaint

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Case 2:17-cv-05609-SJO-SK Document 1 Filed 07/28/17 Page 1 of 30 Page ID #:1

1 ARASH BERAL (BAR NO. 245219)

12 A&A GLOBAL IMPORTS, INC., a Case No. 2:17-cv-05609

Plaintiff, IMPORTS, INC.S COMPLAINT

1 6. Plaintiff is informed and believes and thereupon alleges that Defendant

14 child-resistant compliance regulations or ASTM standards involving child-resistant

1 distribution of the Non-Compliant Products, causing public confusion and

1 26. Defendants have willfully infringed on the 076 Patent in connection

14 Products infringe on that patent. A comparison of the Non-Compliant Products and

12 pursuant to 35 U.S.C. 285.

14 FALSE DESIGNATION OF ORIGIN

1 36. Defendants wrongful use of PinchNTwist in reference to the Non-

12 as to the identity and origin of Plaintiffs products, causing irreparable harm to

1 51. In light of the foregoing, Plaintiff is entitled to injunctive relief

14 connection with their distribution of their Non-Compliant Products. Defendants

1 56. As a direct and proximate result of Defendants infringing conduct,

12 59. In light of the foregoing, Plaintiff is entitled to injunctive relief

14 adequate to compensate for the infringement.

1 62. In advertising, marketing, promoting, offering for sale, sourcing,

14 to suffer if the Defendants conduct is allowed to continue.

1 SIXTH CAUSE OF ACTION

14 competition in violation of the Unfair Competition Law.

1 competition and unlawful conduct. Therefore, Plaintiff seeks injunctive relief as

12 through 73, above.

12 order requiring the Defendants to disgorge all of their ill-gotten gains.

14 INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS

12 each of them, in an amount to be determined by the Court.

14 INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC

12 Plaintiff is entitled to an award of exemplary damages against the Defendants, and

14 TENTH CAUSE OF ACTION

14 Plaintiff is entitled to an award of exemplary damages against the Defendants, and

1 PRAYER FOR RELIEF

12 or performing, either directly or indirectly the following acts:

14 2) Promoting, marketing, advertising, offering for sale, selling, or

1 performing, either directly or indirectly the following acts:

12 2) Prominently label the Non-Compliant Products, or similar

14 distributors, purchasers, and customers that the Non-Compliant

1 4) Post a copy on all of Defendants websites and provide a copy

12 injunction, or permanent injunction.

14 7. For prejudgment and post-judgment interest as allowed by law;

1 DEMAND FOR JURY TRIAL

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