Louis Vuitton Malletier, S.A. et al v. Yang Quan Lu

Filing 1

COMPLAINT for Damages and Injunctive Relief against Does 1-10, YangQuan Lu. Filing fee $ 350.00 receipt number 113C-4223134, filed by Louis Vuitton Malletier, S.A., Emilio Pucci International B.V.. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Gaffigan, Stephen)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.
LOUIS VUITTON MALLETIER, S.A. and
EMILIO PUCCI INTERNATIONAL B.V.,
Plaintiffs,
v.
YANGQUAN LU and DOES 1-10,
Defendants.
/
COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
Plaintiffs, Louis Vuitton Malletier, S.A. (“Louis Vuitton”) and Emilio Pucci International
B.V. (“Pucci”) hereby sue Defendants YangQuan Lu (“Lu”) and Does 1-10, (collectively
“Defendants”), individually and jointly, doing business and conspiring to do business as the
domain names identified on Schedule “A” (the “Subject Domain Names”) and allege as follows:
JURISDICTION AND VENUE
1.

This is an action for federal trademark infringement, counterfeiting, false

designation of origin, and cybersquatting1 pursuant to 15 U.S.C. §§ 1114, 1116, 1121, 1125(a),
and 1125(d). Accordingly, this Court has subject matter jurisdiction under 28 U.S.C. §§ 1331
and 1338. Defendants are subject to personal jurisdiction in this District, because they direct
business activities toward and conduct business with consumers within this District through, at
least, the fully interactive, Internet websites operating under the Subject Domain Names.
2.

Venue is proper in this Court pursuant to 28 U.S.C. § 1391 since Defendants are,

upon information and belief, aliens who engage in infringing activities which are directed at and
cause harm within this District.
1

Only Plaintiff Pucci is alleging a claim for cybersquatting.

THE PLAINTIFFS
3.

Louis Vuitton is a foreign business entity organized under the laws of the

Republic of France with its principal place of business located at 151, Rue Saint Honoré, 5th
Floor, Paris, France. Louis Vuitton has been, in part, engaged in the business of manufacturing
and distributing throughout the world, including within this Judicial District, handbags, pocket
wallets, shoulder bags, purses, belts, shoes, boots, sunglasses, watches, and other goods under
multiple world famous common law and Federally registered trademarks including those
identified in Paragraph 12 below.
4.
with

its

Pucci is a foreign business entity organized under the laws of the Netherlands
principal

place

of

business

located

at

Oude

Utrechtseweg

22-24

Baarn, 3743 KN. Pucci has been, in part, engaged in the business of manufacturing and
distributing throughout the world, including within this Judicial District, dresses and other goods
under multiple world famous common law and Federally registered trademarks including the one
identified in Paragraph 13 below.
THE DEFENDANTS
5.

Defendants are individuals who, upon, information and belief, reside in the

People’s Republic of China. Defendants conduct business throughout the United States,
including within this Judicial District through the operation of the fully interactive commercial
websites existing under the Subject Domain Names identified on Schedule “A” hereto. Upon
information and belief Defendant Lu uses the aliases Manuela Schirru, Tania Araujo, Wusam,
Adelaidejore, Yuansheng Wu, Briand Campbell, Sam, Bill Bill, Werwer, Wuyuansheng,
Linruiyun, Ramon Perez, Mar Sieira, Yuansheng, Elias Ghrayeb, Beverlyjore, Sam Wu, and Wu
Sam in conjunction with the operation of the Subject Domain Names. Plaintiffs are presently

2

unaware of the true names of Does 1-10, although they are generally identified as the owners,
operators, partners, or managing agents of the Subject Domain Names. Plaintiffs will amend this
Complaint upon discovery of the identities of such fictitious Defendants.
6.

Defendants are the past and present moving and conscious forces behind the

operation of the commercial Internet websites operating under the Subject Domain Names.
7.

Upon information and belief, Defendants engage in the advertisement, offering

for sale and sale of goods bearing counterfeits and infringements of one or more of Plaintiffs’
trademarks to consumers within this District through multiple fully interactive commercial
websites operating under, at least, the Subject Domain Names. Defendants, upon information and
belief, also operate additional websites which promote and offer for sale counterfeit and
infringing goods under domain names not yet known to Plaintiffs. Defendants have purposefully
directed some portion of their illegal activities towards consumers in the State of Florida through
the advertisement, offer to sell, sale and shipment of their counterfeit branded goods into the
State.
8.

Upon information and belief, Defendants will continue to register new domain

names for the purpose of selling goods bearing counterfeits of Plaintiffs’ trademarks unless
preliminarily and permanently enjoined.
9.

Defendants’ entire Internet-based website businesses amount to nothing more

than illegal operations established and operated to infringe the intellectual property rights of
Plaintiffs and others.
10.

Defendants have registered, established or purchased, and maintained the Subject

Domain Names. Upon information and belief, Defendants have engaged in fraudulent conduct

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with respect to the registration of the Subject Domain Names by providing false and/or
misleading information to their various Registrars during the registration process.
11.

Defendants’ Subject Domain Names and any other domain names used in

connection with the sale of counterfeit goods bearing Plaintiffs’ trademarks are essential
components of Defendants’ counterfeiting and infringing activities and are the means by which
Defendants further their counterfeiting scheme and cause harm to Plaintiffs. Moreover,
Defendants are using Plaintiffs’ famous names and trademarks to drive Internet consumer traffic
to their websites operating under the Subject Domain Names, thereby increasing the value of the
Subject Domain Names at Plaintiffs’ expense.
COMMON FACTUAL ALLEGATIONS
Plaintiff Louis Vuitton’s Trademark Rights
12.

Louis Vuitton is and at all times relevant hereto has been, the owner of all rights

in and to the following trademarks, which are valid and registered on the Principal Register of
the United States Patent and Trademark Office (collectively the “Louis Vuitton Marks”):

LOUIS VUITTON

Registration
Date

Class / Goods

0,297,594

Trademark

Registration
Number

September 20,
1932

IC 018 - trunks, valises, traveling
bags, satchels, hat boxes and shoe
boxes used for luggage, hand bags,
and pocketbooks

1,045,932

August 10,
1976

1,519,828

January 10,
1989

4

IC 018 - luggage and ladies' handbags

IC 018 - trunks, valises, traveling
bags, satchels, hat boxes and shoe
boxes used for luggage, hand bags,
pocketbooks

1,653,663

1,938,808

August 13,
1991

IC 018 - leather and imitation
leather products namely traveling
bags, hand bags, shoulder bags used
for luggage and shopping bags and
beach bags in the nature of luggage

IC 014 - jewelry, watches and straps
November 28, for wrist watches
1995
IC 024 - travel blankets made of textile
IC 014 - watches and straps for wrist
watches

LOUIS VUITTON

1,990,760

August 6,
1996

5

IC 016 - [photograph albums]
catalogues featuring luggage and travel
accessories, bags, small leather goods
and garments; [engagement books,]
notebooks, [picture books,]
anthologies and pamphlets referring to
travel; calendars; telephone indexes;
[hat boxes of cardboard; office
requisites in the nature of writing pads,
letter trays, writing cases, pencil
holders;] fountain pens, ballpoint pens,
nibs, [ink wells, ink stands; playing
cards;] covers for pocket and desk
diaries, and checkbook holders
IC 018 - trunks; traveling trunks;
suitcases; traveling bags; luggage;
garment bags for travel; hat boxes for
travel; shoe bags for travel; umbrellas;
animal carriers; [bags for climbers;
bags for campers;] rucksacks;
haversacks; leather or textile shopping
bags; beach bags; [hunters' game
bags;] handbags; vanity cases sold
empty; attache cases; [school bags;
school satchels;] tote bags, travel
satchels; clutch bags; briefcases;
wallets; pocket wallets; credit card
cases; business card cases; bill and
card holders; checkbook holders; key
cases; change purses; briefcase-type
portfolios; [envelopes of leather or

imitation leather for packaging]
IC 024 - travel blankets
IC 025 - shirts; sweatshirts; polo shirts;
T-shirts; headwear; jackets; ties; belts;
shawls; [sashes;] scarves
IC 014 - goods made of precious
metals, namely, shoe ornaments, [hat
ornaments] , ornamental pins,
[ashtrays for smokers, decorative
boxes, powder compacts of precious
metal, jewelry cases]; jewelry, namely,
rings, [key rings] , [belt buckles,] ear
rings, cufflinks, bracelets, charms,
[brooches], necklaces [tie pins,
medallions]; horological [and
chronometric] instruments, straps for
watches, watches and wrist-watches,
cases for watches

2,177,828

August 4,
1998

IC 018 - goods made of leather or
imitations of leather are not included
in other classes, namely, boxes made
from leather [or leatherboard,
envelopes of leather for packaging];
trunks, valises, traveling bags, luggage
for travel, garment bags for travel,
vanity cases sold empty, rucksacks,
hand bags, beach bags, shopping bags,
shoulder bags, attache cases,
briefcases, [draw string pouches], and
fine leather goods, namely, pocket
wallets, purses, leather key holders,
business card cases, calling card cases,
and credit card cases, umbrellas,
[parasols, canes, and walking-stick
seats]
IC 025 - clothing and underwear,
namely, [sweaters,] ((shirts )) ,
[corsets], [suits,] ((waistcoats,
raincoats, skirts, coats, pullovers,
trousers, dresses, jackets,)) shawls,
stoles, [sashes for wear,] ((scarves,

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neckties, pocket squares,))
[suspenders] , [gloves,] belts,
[stockings, tights], [socks, bath robes,]
shoes, boots and sandals, [hats and
caps]
IC 014 - goods made of precious
metals, namely, shoe ornaments,] [hat
ornaments,] [ornamental pins,]
[ashtrays for smokers, decorative
boxes, powder compacts of precious
metal, jewelry cases;] jewelry, namely,
rings, [key rings,] [belt buckles,] ear
rings, [cufflinks,] bracelets, charms,
[brooches,] necklaces, [tie pins,
medallions;] horological [and
chronometric] instruments, straps for
watches, watches and wrist-watches,
cases for watches

2,181,753

August 18,
1998

IC 018 - goods made of leather or
imitations of leather are not included
in other classes, namely, boxes made
from leather; [or leatherboard,
envelopes of leather for packaging;]
trunks, valises, traveling bags, luggage
for travel, garment bags for travel,
vanity cases sold empty, rucksacks,
hand bags, beach bags, shopping bags,
shoulder bags, attache cases,
briefcases, [draw string pouches;] and
fine leather goods, namely, pocket
wallets, purses, leather key holders,
business card cases, calling card cases,
credit card cases, and umbrellas
[parasols, canes, and walking-stick
seats]
IC 025 - clothing and underwear,
namely, [sweaters,] shirts, [corsets,]
[suits,] waistcoats, raincoats, skirts,
coats, pullovers, trousers, dresses,
jackets, shawls, stoles, [sashes for
wear,] scarves, neckties, pocket
squares, [suspenders,] [gloves,] belts,
[stockings, tights,] [socks, bath robes,]

7

shoes, boots and sandals, [hats and
caps]

2,361,695

LOUIS VUITTON
PARIS

IC 025 -Clothing [and underwear] ,
namely, sweaters, shirts, sweatshirts,
polo shirts, t-shirts, [corsets,] suits,
waistcoats, raincoats, skirts, coats,
pullovers, trousers, dresses, jackets,
shawls, stoles, [sashes for wear,]
June 27, 2000 scarves, neckties, pocket squares,
[suspenders,] pocket handkerchief
squares for wear, [braces,] gloves, ties,
belts, [stockings, tights, socks, bath
robes,] bathing suits, shoes, boots and
sandals, [tips for footwear;] hats [and
caps]

2,378,388

August 22,
2000

IC 018 - goods made of leather or
imitations of leather not included in
other classes, namely, boxes of leather
[or leather board] principally used for
travel purposes, [envelopes of leather
for merchandise packaging,] trunks,
valises, traveling bags, [traveling sets
for containing cosmetics, jewelry,] *
traveling sets for containing cosmetics
and jewelry, * [and stationery, garment
bags for travel, vanity cases,]
[rucksacks,] handbags, beach bags,
shopping bags, shoulder bags,
[attache-cases,] brief cases, pouches,
fine leather goods namely, pocket
wallets, purses, key cases, business
card cases, credit card cases, [calling
card cases,] [parasols, umbrellas,
canes, walking-stick seats]

October 31,
2000

IC 025 - Clothing and underwear,
namely, [sweaters,] shirts,
[sweatshirts,] polo shirts, t-shirts,
[corsets, suits,] waistcoats, raincoats,
skirts, coats, [pullovers,] trousers,
dresses, jackets, shawls, stoles, [sashes
for wear,] scarves, neckties, [ pocket
squares, suspenders, pocket
handkerchiefs, braces,] gloves, ties,

2,399,161

8

belts, [stockings, tights, socks, bath
robes,] bathing suits, shoes, boots and
sandals, [tips for footwear;] hats [and
caps]
IC 014 -Jewelry including (( rings, ))
[belt buckles of precious metals,]
((earrings,)) cuff links, bracelets,
((charms,)) [brooches,] necklaces, [tie
pins, ornamental pins,] ((and
medallions;)) horological and
chronometric instruments and
apparatus, namely, watches, [watch
cases and clocks; nutcrackers of
precious metals; candlesticks of
precious metals, jewelry boxes of
precious metals]

2,773,107

October 14,
2003

IC 018 - Travel bags, travel bags made
of leather; luggage trunks and valises,
garment bags for travel, vanity-cases
sold empty; rucksacks, shoulder bags,
handbags; attache-cases, briefcases,
drawstring pouches, pocket wallets,
purses, umbrellas, business card cases
made of leather or of imitation leather,
credit card cases made of leather or of
imitation leather; [calling card cases
made of leather or of imitation
leather;] * key holders made of leather
or of imitation leather *
IC 025 - Clothing, namely,
((underwear, sweaters, shirts, T-shirts,
suits, hosiery,)) belts, scarves, neck
ties, shawls, ((waistcoats, skirts,))
raincoats, overcoats, [suspenders,]
((trousers, jeans, pullovers, frocks, ))
jackets, (( winter gloves, )) [dress
gloves,] (( tights, )) [socks,] ((bathing
suits, )) [ bath robes, pajamas, night
dresses, ] ((shorts,)) [pocket squares;]
high-heeled shoes, low-heeled shoes,
sandals, boots, [slippers,] tennis shoes;
(( hats )) [caps, headbands].

9

3,023,930

December 6, IC 009 - Spectacles, sunglasses and
2005
spectacle cases

3,051,235

January 24,
2006

IC 009 - Spectacles, sunglasses and
spectacle cases

The Louis Vuitton Marks are used in connection with the manufacture and distribution of quality
goods in the categories identified above.
Plaintiff Pucci’s Trademark Rights
13.

Pucci is and at all times relevant hereto has been, the owner of all rights in and to

the following trademark, which is valid and registered on the Principal Register of the United
States Patent and Trademark Office (the “Pucci Mark”):
Trademark

Registration
Number

Registration
Date

Class / Goods

EMILIO PUCCI

1,687,909

May 19, 1992

IC 025 - Ladies' tailored apparel;
namely, dresses, scarves, lingerie, hats,
bathing suits, skirts, blouses, slacks and
[footwear].

The Pucci Mark is used in connection with the manufacture and distribution of quality goods in
the categories identified above. The Louis Vuitton Marks and the Pucci Mark are collectively
hereafter referred to as the “Plaintiffs’ Marks.”
14.

The Plaintiffs’ Marks have been used in interstate commerce to identify and

distinguish Plaintiffs’ respective quality goods for an extended period of time.
15.

The Plaintiffs’ Marks have never been assigned or licensed to any of the

Defendants in this matter.
16.

The Plaintiffs’ Marks are symbols of Plaintiffs’ respective quality, reputations,

and goodwill and have never been abandoned.

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17.

Further, Plaintiffs have each expended substantial time, money and other

resources developing, advertising and otherwise promoting Plaintiffs’ Marks. For many years
Plaintiffs have each advertised goods under their respective trademarks in widely circulated
catalogs and popular magazines. The Plaintiffs’ Marks qualify as famous marks as that term is
used in 15 U.S.C. §1125(c)(1).
18.

Plaintiffs have extensively used, advertised and promoted the Plaintiffs’ Marks in

the United States in association with the sale of quality products and have carefully monitored
and policed the use of Plaintiffs’ Marks.
19.

The Plaintiffs’ Marks have achieved secondary meaning as identifiers of quality

goods as a result of Plaintiffs’ advertisement, promotion and sale of such goods thereunder.
20.

As a result of Plaintiffs’ respective efforts, members of the consuming public

readily identify merchandise bearing or sold under the Plaintiffs’ Marks, as being quality
merchandise sponsored and approved by Plaintiffs.
Defendants’ Infringing Activities
21.

Upon information and belief, at all times relevant hereto, Defendants in this action

had full knowledge of Plaintiffs’ respective ownership of the Plaintiffs’ Marks, including their
respective, exclusive rights to use and license such intellectual property and the goodwill
associated therewith.
22.

Plaintiffs have discovered Defendants are promoting and otherwise advertising,

distributing, selling and/or offering for sale at least, handbags, pocket wallets, shoulder bags,
purses, belts, shoes, boots, sunglasses, and watches bearing counterfeit and infringing trademarks
which are exact copies of the Louis Vuitton Marks and promoting and otherwise advertising,
distributing, selling and/or offering for sale at least, dresses bearing counterfeit and infringing

11

trademarks which are exact copies of the Pucci Mark (collectively the “Counterfeit Goods”).
Specifically, upon information and belief, Defendants are using the Plaintiffs’ Marks in the same
stylized fashion, for different quality goods.
23.

Upon information and belief, Defendants’ Counterfeit Goods are of a quality

substantially different than that of Plaintiffs’ respective genuine goods. Despite the nature of
their Counterfeit Goods and the knowledge they are without authority to do so, Defendants, upon
information and belief, are actively using, promoting and otherwise advertising, distributing,
selling and/or offering for sale substantial quantities of their Counterfeit Goods with the
knowledge that such goods will be mistaken for the genuine quality goods offered for sale by
Plaintiffs. The net effect of Defendants’ actions will be to result in the confusion of consumers
who will believe Defendants’ Counterfeit Goods are genuine goods originating from, associated
with, and approved by Plaintiffs.
24.

Defendants advertise their Counterfeit Goods for sale to the consuming public via

the websites operating under, at least, the Subject Domain Names. In so advertising these
products, Defendants use the Plaintiffs’ Marks. Indeed, Defendants herein have misappropriated
Plaintiffs’ respective advertising ideas and entire style of doing business with regard to the
advertisement and sale of Plaintiffs’ genuine goods. Upon information and belief, the
misappropriation of Plaintiffs’ advertising ideas in the form of the Plaintiffs’ Marks is the
proximate cause of damage to Plaintiffs.
25.

Upon information and belief, Defendants are targeting their counterfeiting and

infringing activities toward consumers and causing harm within this District and elsewhere
throughout the United States. As a result, Defendants are defrauding Plaintiffs and the
consuming public for Defendants’ own benefit. Defendants’ infringement and disparagement of

12

Plaintiffs and their trademarks does not simply amount to the wrong description of their goods or
the failure of the goods to conform to the advertised quality or performance.
26.

Defendants’ use of the Plaintiffs’ Marks, including the promotion and

advertisement, reproduction, distribution, sale and offering for sale of their Counterfeit Goods, is
without Plaintiffs’ consent or authorization.
27.

Further, Defendants are engaging in the above-described illegal counterfeiting and

infringing activities knowing and intentionally or with reckless disregard or willful blindness to
Plaintiffs’ rights for the purpose of trading on the goodwill and reputation of Plaintiffs. If
Defendants’ intentional counterfeiting and infringing activities are not preliminarily and
permanently enjoined by this Court, Plaintiffs and the consuming public will continue to be
harmed.
28.

Defendants’ above identified infringing activities are likely to cause confusion,

deception and mistake in the minds of consumers, the public, and the trade. Moreover,
Defendants’ wrongful conduct is likely to create a false impression and deceive customers, the
public, and the trade into believing there is a connection or association between Plaintiffs’
respective, genuine goods and Defendants’ Counterfeit Goods.
29.

Plaintiffs have no adequate remedy at law.

30.

Plaintiffs are suffering irreparable injury and have suffered substantial damages as

a result of Defendants’ counterfeiting and infringing activities.
31.

The harm and damages sustained by Plaintiffs have been directly and proximately

caused by Defendants’ wrongful reproduction, use, advertisement, promotion, offers to sell, and
sale of their Counterfeit Goods.

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COUNT I - TRADEMARK COUNTERFEITING AND INFRINGEMENT
32.

Plaintiffs hereby readopt and re-allege the allegations set forth in Paragraphs 1

through 31 above.
33.

This is an action for trademark counterfeiting and infringement against

Defendants based on their use of counterfeits of the Plaintiffs’ Marks in commerce in connection
with the promotion, advertisement, distribution, offering for sale and sale of the Counterfeit
Goods.
34.

Defendants are promoting and otherwise advertising, selling, offering for sale,

and distributing, at least, handbags, pocket wallets, shoulder bags, purses, belts, shoes, boots,
sunglasses, and watches, using counterfeits and infringements of one or more of the Louis
Vuitton Marks and are promoting and otherwise advertising, selling, offering for sale, and
distributing, at least, dresses, using counterfeits and infringements of the Pucci Mark. Defendants
are continuously infringing and inducing others to infringe the Plaintiffs’ Marks by using them to
advertise, promote and sell counterfeit and infringing handbags, pocket wallets, shoulder bags,
purses, belts, shoes, boots, sunglasses, watches, and dresses.
35.

Defendants’ counterfeiting and infringing activities are likely to cause and

actually are causing confusion, mistake, and deception among members of the trade and the
general consuming public as to the origin and quality of Defendants’ Counterfeit Goods.
36.

Defendants’ unlawful actions have caused and are continuing to cause

unquantifiable damages to Plaintiffs.
37.

Defendants’ above-described illegal actions constitute counterfeiting and

infringement of the Plaintiffs’ Marks in violation of Plaintiffs’ rights under § 32 of the Lanham
Act, 15 U.S.C. § 1114.

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38.

Plaintiffs have suffered and will continue to suffer irreparable injury due to the

above described activities of Defendants if Defendants are not preliminarily and permanently
enjoined.
COUNT II - FALSE DESIGNATION OF ORIGIN
PURSUANT TO § 43(a) OF THE LANHAM ACT
39.

Plaintiffs hereby readopt and re-allege the allegations set forth in Paragraphs 1

through 31 above.
40.

Defendants’ Counterfeit Goods bearing and sold under copies of the Plaintiffs’

Marks have been widely advertised and distributed throughout the United States.
41.

Defendants’ Counterfeit Goods bearing and sold under the Plaintiffs’ Marks are

virtually identical in appearance to Plaintiffs’ genuine goods. However, Defendants’ Counterfeit
Goods are different and likely inferior in quality. Accordingly, Defendants’ activities are likely
to cause confusion in the trade and among the general public as to, at least, the origin or
sponsorship of their Counterfeit Goods.
42.

Defendants, upon information and belief, have used in connection with their sale

of the Counterfeit Goods, false designations of origins and false descriptions and representations,
including words or other symbols and trade dress, which tend to falsely describe or represent
such goods and have caused such goods to enter into commerce with full knowledge of the
falsity of such designations of origins and such descriptions and representations, all to the
detriment of Plaintiffs.
43.

Defendants have authorized infringing uses of the Plaintiffs’ Marks in

Defendants’ advertisement and promotion of their counterfeit and infringing handbags, pocket
wallets, shoulder bags, purses, belts, shoes, boots, sunglasses, watches, and dresses. Defendants

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have misrepresented to members of the consuming public that the Counterfeit Goods being
advertised and sold by them are genuine, non-infringing goods.
44.

Defendants’ above-described actions are in violation of Section 43(a) of the

Lanham Act, 15 U.S.C. §1125(a).
45.

Plaintiffs have sustained injury and damage caused by Defendants’ conduct, and

absent an entry of an injunction by this Court, Plaintiffs will continue to suffer irreparable injury
to their respective goodwill and business reputations, as well as monetary damages.
COUNT III - CLAIM FOR RELIEF FOR CYBERSQUATTING
UNDER §43(d) OF THE LANHAM ACTION, 15 U.S.C. §1125(d)
(Plaintiff Pucci Only)
46.

Pucci hereby readopts and re-alleges the allegations set forth in Paragraphs 1

through 31 above.
47.

At all times relevant hereto, Pucci has been and still is the owner of the rights,

title and interest in and to the Pucci Mark.
48.

Upon information and belief, Defendants have acted with the bad faith intent to

profit from the Pucci Mark and the goodwill associated with the Pucci Mark by registering, at
least, the domain names emiliopuccioutlet.com and emiliopuccioutletdress.com which are
identical, confusingly similar to or dilutive of the Pucci Mark.
49.

Defendants have no intellectual property rights in or to the Pucci Mark.

50.

Defendants’ actions constitute cybersquatting in violation of §43(d) of the

Lanham Act, 15 U.S.C. §1125(d).
51.

Defendants’ conduct is done with knowledge of the Pucci Mark and constitutes a

willful violation of Pucci’s rights in the Pucci Mark. At a minimum, Defendants’ conduct is

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undertaken in reckless disregard of Pucci’s rights or demonstrates willful blindness to Pucci’s
rights.
52.

The aforesaid conduct is causing Pucci immediate and irreparable injury. Pucci

has no adequate remedy at law.
PRAYER FOR RELIEF
53.

WHEREFORE, Plaintiffs demand judgment on all Counts of this Complaint and

an award of equitable relief and monetary relief, jointly and severally, against Defendants as
follows:
a.

Entry of preliminary and permanent injunctions enjoining Defendants,

their agents, representatives, servants, employees, and all those acting in concert or participation
therewith, from manufacturing or causing to be manufactured, importing, advertising or
promoting, distributing, selling or offering to sell their Counterfeit Goods; from infringing,
counterfeiting, or diluting the Plaintiffs’ Marks; from using the Plaintiffs’ Marks, or any mark or
trade dress similar thereto, in connection with the sale of any unauthorized goods; from using
any logo, trade name or trademark or trade dress which may be calculated to falsely advertise the
services or goods of Defendants as being sponsored by, authorized by, endorsed by, or in any
way associated with Plaintiffs; from falsely representing themselves as being connected with
Plaintiffs, through sponsorship or association, or engaging in any act which is likely to falsely
cause members of the trade and/or of the purchasing public to believe any goods or services of
Defendants, are in any way endorsed by, approved by, and/or associated with Plaintiffs; from
using any reproduction, counterfeit, copy, or colorable imitation of the Plaintiffs’ Marks in
connection with the publicity, promotion, sale, or advertising of any goods sold by Defendants,
including, without limitation, handbags, pocket wallets, shoulder bags, purses, belts, shoes,

17

boots, sunglasses, watches, and dresses; from affixing, applying, annexing or using in connection
with the sale of any goods, a false description or representation, including words or other
symbols tending to falsely describe or represent Defendants’ goods as being those of Plaintiffs,
or in any way endorsed by Plaintiffs and from offering such goods in commerce; and from
otherwise unfairly competing with Plaintiffs.
b.

Entry of an order requiring the Subject Domain Names, and any other

domain names being used by Defendants to engage in the business of selling goods bearing
counterfeits and infringements of the Plaintiffs’ Marks to be disabled and/or immediately
transferred by Defendants, their Registrars and/or the Registries to Plaintiffs’ control.
c.

Entry of an Order that, upon Plaintiffs’ request, the top level domain

(TLD) Registry for each of the Subject Domain Names place the Subject Domain Names on
Registry Hold status, thus removing them from the TLD zone files maintained by the Registries
which link the Subject Domain Names to the IP addresses where the associated websites are
hosted.
d.

Entry of an Order that, upon Plaintiffs’ request, any Internet search

engines, Web hosts, domain-name registrars and domain-name registries or administrators which
are provided with notice of the injunction, cease facilitating access to any or all websites through
which Defendants engage in the promotion, offering for sale and/or sale of goods bearing
counterfeits and/or infringements of the Plaintiffs’ Marks.
e.

Entry of an Order that, upon Plaintiffs’ request, the Internet Corporation

for Assigned Names and Numbers (“ICANN”) shall take all actions necessary to ensure that the
Registrars and the top-level domain registry responsible for the Subject Domain Names transfer,
change the Registrar of Record, and/or or disable, the Subject Domain Names.

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f.

Entry of an Order requiring Defendants to account to and pay Plaintiffs for

all profits and damages resulting from Defendants’ trademark infringing and counterfeiting and
unfairly competitive activities and that the awards to Plaintiffs be trebled, as provided for under
15 U.S.C. §1117, or, at Plaintiffs’ election with respect to Count I, that Plaintiffs’ be awarded
statutory damages from each Defendant in the amount of two million dollars ($2,000,000.00) per
each counterfeit trademark used and product sold, as provided by 15 U.S.C. §1117(c)(2) of the
Lanham Act.
g.

Entry of an Order requiring Defendants to account to and pay Pucci for all

profits and damages resulting from Defendants’ cybersquatting activities and that the award to
Pucci be trebled, as provided for under 15 U.S.C. §1117, or, at Pucci’s election with respect to
Count III, that Pucci be awarded statutory damages from Defendants in the amount of one
hundred thousand dollars ($100,000.00) per pirated domain name used as provided by 15 U.S.C.
§1117(d) of the Lanham Act.
h.

Entry of an award of Plaintiffs’ costs and reasonable attorneys’ fees and

investigative fees associated with bringing this action.
i.

Entry of an order requiring all funds, up to and including the total amount

of judgment, in payment accounts or money transfer systems used in connection with the Subject
Domain Names, including PayPal, Inc., The Western Union Company, MoneyGram and other
payment processing accounts, to be surrendered to Plaintiffs in partial satisfaction of the
monetary judgment entered herein.
j.

Entry of an award of pre-judgment interest on the judgment amount.

k.

Entry of an Order for any further relief as the Court may deem just and

proper.

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DATED: November 9, 2011.

Respectfully submitted,

STEPHEN M. GAFFIGAN, P.A.
By: ____s:/smgaffigan/__________
Stephen M. Gaffigan (Fla. Bar No. 025844)
Virgilio Gigante (Fla. Bar No. 082635)
401 East Las Olas Blvd., #130-453
Ft. Lauderdale, Florida 33301
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Plaintiffs
LOUIS VUITTON MALLETIER, S.A. and
EMILIO PUCCI INTERNATIONAL B.V.

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SCHEDULE “A”
SUBJECT DOMAIN NAMES

1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.

alibabaonlinestore.com
allwholesalepick.com
cnstoreonline.com
coachoutletssale.org
cooltimberlandshoes.com
emiliopuccioutlet.com
emiliopuccioutletdress.com
lkmwholesale.com
luxuryaaa.com
pickwholesale.com
replicabaghandbags.com
replicabagshandbag.com
replicabagshandbags.com
replicahandbagbags.com
replicahandbagsbags.com
replicahandbagsshop.org
us-wholesaleclothing.com

21