adidas AG et al v. Wu et al

Filing 1

COMPLAINT for Damages and Injunctive Relief against All Defendants. Filing fee $ 350.00 receipt number 113C-4230243, filed by adidas International Marketing B.V., adidas AG, adidas America, Inc., Reebok International Limited, Reebok International Ltd.. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s) to Danyu Wu, # 3 Summon(s) to 2010shopjerseys.net, # 4 Summon(s) to 2010shopjerseys.org, # 5 Summon(s) to 4adidas.com, # 6 Summon(s) to 888shop-jerseys.com, # 7 Summon(s) to adiclothing.com, # 8 Summon(s) to adidasbounces.com, # 9 Summon(s) to adidasempire.com, # 10 Summon(s) to adidas-f50-adizero.com, # 11 Summon(s) to adidasf50adizeroshop.com, # 12 Summon(s) to adidasf50shoes.com, # 13 Summon(s) to adidasjeremyscott.com, # 14 Summon(s) to adidasjp.com, # 15 Summon(s) to adidasjswings.com, # 16 Summon(s) to adidas-online-shop.com, # 17 Summon(s) to adidas-originals.com, # 18 Summon(s) to adidasporschedesignde.com, # 19 Summon(s) to adidassbounce.com, # 20 Summon(s) to adidasscarpecalcio.com, # 21 Summon(s) to adidasshoes001.com, # 22 Summon(s) to adidasshoessite.com, # 23 Summon(s) to adidassmith.com, # 24 Summon(s) to adidassuperstarshoes.com, # 25 Summon(s) to adidastitanbounce.com, # 26 Summon(s) to adidastour360.com, # 27 Summon(s) to adidaswings.com, # 28 Summon(s) to adidasxjeremyscott.com, # 29 Summon(s) to airmaxshopchina.com, # 30 Summon(s) to autobotshop.com, # 31 Summon(s) to buyjerseysonline.com, # 32 Summon(s) to buyjerseyswholesale.com, # 33 Summon(s) to buyteamsportsuniforms.com, # 34 Summon(s) to caminio.com, # 35 Summon(s) to ccmjersey.com, # 36 Summon(s) to chaussures-nike-tn.com, # 37 Summon(s) to cheap001.com, # 38 Summon(s) to cheap999.com, # 39 Summon(s) to cheapjerseysfromchina.com, # 40 Summon(s) to cheapkicksforsale.com, # 41 Summon(s) to cheapnbashoes.com, # 42 Summon(s) to cheapshopping4u.com, # 43 Summon(s) to cn-jerseys.com, # 44 Summon(s) to everysportuniforms.com, # 45 Summon(s) to fashion333.com, # 46 Summon(s) to footballbootsuk.com, # 47 Summon(s) to footballcleatsstore.com, # 48 Summon(s) to footballjerseys4sale.com, # 49 Summon(s) to gsdiscount.com, # 50 Summon(s) to helloadidas.com, # 51 Summon(s) to ilove-shopping.org, # 52 Summon(s) to indoor-soccershoes.com, # 53 Summon(s) to inthestyleshop.com, # 54 Summon(s) to jeremyscottsadidas.com, # 55 Summon(s) to jeremyscottwing.com, # 56 Summon(s) to jerseysforcheap.biz, # 57 Summon(s) to jerseysfromchina.com, # 58 Summon(s) to jerseysfromchina.info, # 59 Summon(s) to jerseysfull.com, # 60 Summon(s) to jerseys-googler.com, # 61 Summon(s) to lovinadidas.com, # 62 Summon(s) to lowestbestexport.com, # 63 Summon(s) to mercurialshoesoutlet.com, # 64 Summon(s) to nba-basketball-shoes.net, # 65 Summon(s) to nba-home.com, # 66 Summon(s) to nikemercurialshoes.com, # 67 Summon(s) to nike-mercurial-store.com, # 68 Summon(s) to nikeshoes001.com, # 69 Summon(s) to onlinesoccerboots.co.uk, # 70 Summon(s) to outlet-jerseys.com, # 71 Summon(s) to plentystock.com, # 72 Summon(s) to ptjerseys.com, # 73 Summon(s) to ptjerseys.net, # 74 Summon(s) to ptjerseys.org, # 75 Summon(s) to reebok123.com, # 76 Summon(s) to reebokeasytoneonline.com, # 77 Summon(s) to reebok-member.com, # 78 Summon(s) to reebokonlineoutlet.com, # 79 Summon(s) to shopadicolor.com, # 80 Summon(s) to shopsoccerjerseys.com, # 81 Summon(s) to soccercleats4u.com, # 82 Summon(s) to soccercleatsnike.com, # 83 Summon(s) to soccercleatsshoes.com, # 84 Summon(s) to soccer-cleats-shoes.com, # 85 Summon(s) to soccerjerseycenter.com, # 86 Summon(s) to socceroutlets.com, # 87 Summon(s) to soccershoes4you.com, # 88 Summon(s) to soccershoesforsales.com, # 89 Summon(s) to soccershoesproducts.com, # 90 Summon(s) to soccershoesstores.com, # 91 Summon(s) to soccerusa4you.com, # 92 Summon(s) to supercheapsoccer.com, # 93 Summon(s) to superstarkick.com, # 94 Summon(s) to toahk.com, # 95 Summon(s) to topjerseysorder.com, # 96 Summon(s) to tradeccc.net, # 97 Summon(s) to trikotdiscount.com, # 98 Summon(s) to usa-soccer-jersey.com, # 99 Summon(s) to uubest.com, # 100 Summon(s) to various-jersey-wholesale.com, # 101 Summon(s) to well-sports.com, # 102 Summon(s) to wholesale-from-china.com, # 103 Summon(s) to wholesalejerseysfromchina.com, # 104 Summon(s) to wholesalesoccercleats.com, # 105 Summon(s) to womenadidas.com, # 106 Summon(s) to world-jerseys.com, # 107 Summon(s) to world-soccer-shoes.com, # 108 Memorandum to zigtechreebokshoes.org)(Gaffigan, Stephen)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO.
ADIDAS AG, ADIDAS INTERNATIONAL
MARKETING B.V., ADIDAS AMERICA, INC.,
REEBOK INTERNATIONAL LIMITED, and
REEBOK INTERNATIONAL LTD.,
Plaintiffs,
vs.
DANYU WU, an individual,
2010SHOPJERSEYS.NET, a partnership or
unincorporated association,
2010SHOPJERSEYS.ORG, a partnership or
unincorporated association, 4ADIDAS.COM, a
partnership or unincorporated association, et al.,
and DOES 1-10,
Defendants,

/

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
Plaintiffs, adidas AG, adidas International Marketing B.V., adidas America, Inc., Reebok
International Limited, and Reebok International Ltd. (collectively “Plaintiffs”) hereby sue
Defendants Danyu Wu, an individual, and the Partnerships and Unincorporated Associations
identified on Schedule “A” hereto and Does 1-10 (collectively “Defendants”), and allege as
follows:
JURISDICTION AND VENUE
1.

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

designation of origin, and cybersquatting pursuant to 15 U.S.C. §§ 1114, 1116, 1121 1125(a),
and 1125(d).Accordingly, this Court has subject matter jurisdiction under 15 U.S.C. § 1121 and
28 U.S.C. §§ 1331 and 1338.
2.

Defendants are subject to personal jurisdiction in this judicial district because they

direct business activities toward and conduct business with consumers within the State of Florida

and this judicial district through at least the fully interactive Internet websites operating under
their partnerships and/or business association names identified on Schedule A hereto (the
“Subject Domain Names”).
3.

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

upon information and belief, aliens who engage in infringing activities and cause harm within
this judicial district. Defendants have also advertised and made sales into this judicial district.
THE PLAINTIFFS
4.

Plaintiff adidas AG (“adidas AG”) is a joint stock company organized and

existing under the laws of the Federal Republic of Germany, having its office and principal place
of business at Postach 1120, D-91072 Herzogenaurach, Federal Republic of Germany. adidas
AG is currently, and for years has been, one of the world’s leading manufacturers of athletic
footwear and apparel, including products bearing the distinctive adidas Mark, Trefoil Mark, and
3 Bars Logo.
5.

Plaintiff adidas International Marketing B.V. (“adidas International”) is a

corporation organized and existing under the laws of Netherlands, having its principal place of
business in the Netherlands. adidas International is wholly owned by adidas AG and its
affiliates.
6.

Plaintiff adidas America, Inc. (“adidas America”) is a corporation organized and

existing under the laws of the State of Delaware, having its principal place of business at 5055 N.
Greeley Avenue, Portland, Oregon, 97217. adidas America is wholly owned by adidas AG and
its affiliates, and within this country adidas America is a licensed distributor of adidas-branded
merchandise, including goods bearing the distinctive adidas Mark, Trefoil Mark, and 3 Bars
Logo. adidas AG, adidas International, and adidas America shall be referred to herein

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collectively as “adidas.”
7.

Plaintiff Reebok International Limited (“Reebok International”) is a corporation

organized and existing under the laws of England, having its principal place of business at 11/12
Pall Mall, London SWI Y 5LU, England. Reebok International is wholly owned by adidas AG
and its affiliates. Reebok International currently is, and for many years has been, one of the
world's leading manufacturers of footwear and sportswear, including products bearing the
Reebok Mark, RBK Mark, and the Vector Mark.
8.

Plaintiff Reebok International Ltd. (“Reebok Ltd.”) is a corporation organized and

existing under the laws of the Commonwealth of Massachusetts, having its principal place of
business at 1895 J.W. Foster Boulevard, Canton, Massachusetts, 02021. Reebok Ltd. is whollyowned by adidas AG and its affiliates. Reebok International and Reebok Ltd., and any
predecessors or related entities, shall be collectively referred to herein as “Reebok.”
THE DEFENDANTS
9.

Defendants are an individual and unincorporated associations and/or partnerships

who, upon information and belief, reside in the People’s Republic of China. Defendants are the
past and present moving and conscious forces behind the operation of the commercial Internet
websites operating under the Subject Domain Names (see Schedule A).Upon information and
belief, Defendants have engaged in fraudulent conduct 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. Defendants conduct pervasive business throughout the
United States, including within this judicial district through the operation of fully interactive
commercial websites existing under the Subject Domain Names. Upon information and belief,
Defendant Danyu Wu is one of the owners, operators, or managing agents of Defendant Number

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48which does business under the Subject Domain Name helloadidas.com. Plaintiffs are presently
unaware of the true names of Does 1-10, although they are generally identified as the owners,
operators, or managing agents of the Defendant partnerships and unincorporated associations
operating under the remaining Subject Domain Names. Plaintiffs will amend this Complaint
upon discovery of the identities of such fictitious Defendants.
10.

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

for sale and sale of counterfeit and infringing adidas-branded goods and Reebok-branded goods
to consumers within this judicial 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
their illegal activities towards consumers in the State of Florida through the advertisement, offer
to sell, sale, and shipment of counterfeit adidas-branded goods and Reebok-branded goods into
the State.
COMMON FACTUAL ALLEGATIONS
Plaintiff adidas’s Business and Trademark Rights
11.

adidas is currently, and for years has been, one of the world’s leading

manufacturers of athletic footwear, apparel, and sporting equipment. adidas has used its famous
and distinctive adidas Mark, Trefoil Mark and 3 Bars Logo (collectively, the “adidas Marks”),
depicted below, for more than fifty-five years, thirty-five years, and twenty years, respectively,
in connection with the above-mentioned goods.

The adidas Marks signify the quality and reputation of adidas products.
12.

adidas is the owner of multiple trademark registrations for the adidas Marks,
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including the following valid and incontestable trademark registrations, issued by the United
States Patent and Trademark Office:
Trademark

ADIDAS

Registration
Number

0,891,222

Registration
Date

Class / Goods

May 19, 1970

IC25 - sportswear namely, suits, shorts,
pants, tights, shirts, gloves, and the like;
jerseys; socks; sport shoes namely,
track and field training shoes,
basketball shoes, and tennis shoes.
IC 13 - tote bags

0,973,161

1,300,627

1,310,140

November 20,
1973

IC 25 - specific purpose athletic shoes;
general purpose sport shoes, sports
wear-namely, suits, shorts, pants, tights,
shirts, jerseys, socks, and gloves.

October 16,
1984

IC 025 - sportswear namely, suits,
shorts, pants, tights, shirts, jerseys,
socks, gloves, jackets, coats, swimwear,
sweaters, caps, pullovers, warm-up
suits, rain suits, ski suits, jump suits,
boots, shoes, slippers.

December 18,
1984

IC 025 - sportswear-namely, suits,
shorts, pants, tights, shirts, jerseys,
socks, gloves, jackets, coats, swimwear,
sweaters, caps, pullovers, warm-up
suits, rain suits, ski suits, jump suits,
boots, shoes, slippers.
IC 018 - all purpose sport bags, athletic
bags, traveling bags, backpacks,
knapsacks, beach bags

2,411,802

December 12,
2000

IC 025 - sports and leisure wear,
namely, shorts, pants, shirts, t-shirts,
jerseys, tights, socks, gloves, jackets,
swimwear, caps and hats, pullovers,
sweat-shirts, sweat suits, track suits,
warm-up suits, rain suits; boots,
slippers, sandals, specific purpose
athletic shoes and general all purpose
sports shoes
IC 028 - sports balls and playground
balls; guards for athletic use, namely,
shin guards, knee guards and leg guards

5

Trademark

Registration
Number

Registration
Date

Class / Goods
IC 009 - optical apparatus and
instruments, namely, eyeglasses and
sunglasses
IC 014 - horological and chronometric
instruments, namely, watches

3,104,117

June 13, 2006

IC 018 - leather and imitations of
leather, and goods made from these
materials in the nature of bags for
general and sport use, namely
handbags, tote bags, waist packs,
overnight bags, backpacks, knapsacks
and beach bags; trunks; traveling bags
for general and sport use; leather and
imitations of leather and goods made
from these materials, namely, wallets,
briefcases, and key cases
IC 025 - sports and leisure wear,
namely suits, shorts, pants, sweatpants,
skirts, skorts, dresses, blouses, shirts, tshirts, sleeveless tops, polo shirts, vests,
jerseys, sweaters, sweatshirts,
pullovers, coats, jackets, track suits,
training suits, warm-up suits,
swimwear, underwear, socks, gloves,
scarves, wristbands and belts; headgear,
namely caps, hats, visors, headbands;
athletic footwear and leisure foot wear,
namely boots, sandals, specific purpose
athletic shoes and general purpose
sports shoes

Copies of the Certificates of Registration for the adidas Marks are attached at Schedule B.
13.

The adidas Marks have been used in interstate commerce to identify and

distinguish adidas products for an extended period of time and serve as symbols of adidas’s
quality, reputation, and goodwill.
14.

The adidas Marks are well-known and famous and have been for many years.

adidas has expended substantial time, money and other resources developing, advertising and
6

otherwise promoting the adidas Marks. Specifically, adidas has used the adidas Marks in
connection with its frequent sponsorship of sports tournaments and organizations, as well as
professional athletes and collegiate sports teams. For example, adidas has long-term relationships
with Norte Dame, the University of California at Los Angeles, the University of Nebraska, the
University of Michigan, and the University of Tennessee. Among many others, NBA stars
Derrick Rose, Tim Duncan, and Dwight Howard, baseball player Ryan Howard, professional
golfer Sergio Garcia, and soccer stars David Beckman and Lionel Messi all are sponsored by
adidas. For many years, adidas has been a sponsor of the World Cup soccer tournament, has
sponsored the world-famous Boston Marathon for more than a decade, and has sponsored many
other events, teams, and individuals. Prominent use of the adidas Marks in connection with these
sponsorship activities has further enhanced the adidas Marks’ recognition and fame. The adidas
Marks qualify as famous marks as that term is used in 15 U.S.C. §1125(c)(1).
15.

adidas has extensively used, advertised, and promoted the adidas Marks in the

United States in association with the sale of high quality products. adidas has spent millions of
dollars promoting the adidas Marks and products bearing the adidas Marks. In recent years,
annual sales of products bearing the adidas Marks have totaled in the billions of dollars globally
and in the hundreds of millions of dollars within the United States.
16.

The adidas Marks have achieved secondary meaning as identifiers of high quality

goods as a result of adidas’s advertisement, promotion, and sale of such goods thereunder.
17.

As a result of adidas’s efforts, members of the consuming public readily identify

merchandise bearing or sold under the adidas Marks, as being high quality merchandise
sponsored and approved by adidas.

7

18.

adidas has carefully monitored and policed the use of the adidas Marks and has

never assigned or licensed the adidas Marks to any of the Defendants in this matter.
Plaintiff Rebook’s Business and Trademark Rights
19.

Reebok is currently, and for years has been, one of the world’s leading

manufacturers of athletic footwear, apparel, and sporting equipment. Reebok has used its
REEBOK Mark, RBK Mark and Vector Mark, depicted below, (collectively, the “Reebok
Marks”) for more than forty-five and thirty-five years, respectively, in connection with the above
mentioned goods.

The Reebok Marks signify the quality and reputation of Reebok products.
20.

Reebok is the owner of multiple trademark registrations for the Reebok Marks,

including the following valid and incontestable trademark registrations, issued by the United
States Patent and Trademark Office:
Trademark

Registration
Number

Registration
Date

Class / Goods

REEBOK

1,133,704

April 22, 1980

IC 25 - shoes for use in athletic sports
IC 18 - all purpose sport bags

REEBOK

1,390,793

April 22, 1986

IC 25 - sweatpants, shorts, sweaters,
polo shirts, hats, visors, headbands,
sweatbands, t-shirts, sweatshirts
IC 018 - all purpose sport bags, duffel
bags, tote bags, knapsacks, and
shoulder bags.

1,848,848

August 9, 1994

8

IC 025 - footwear and apparel;
namely, t-shirts, shirts, sweatshirts,
sweaters, jackets, hats, visors, socks,
sweatpants, pants, shorts, skirts,
unitards, and leotards.

Trademark

Registration
Number

Registration
Date

Class / Goods
IC 09 - eyewear, namely, eyewear
cases; eyewear cleaning cloths;
sunglasses; protective helmets for
hockey, and skating.

RBK

3,074,802

March 28, 2006

IC 025 - footwear; headwear; apparel,
namely, sweatpants, sweatshirts,
shirts, shorts, sweaters, socks, jackets,
sweat suits, warm-up suits, shooting
shirts, fleece tops, tank tops, polo
shirts, pants, athletic bras, leggings,
skirts, turtlenecks, vests, dresses,
athletic uniforms, gloves, infant wear,
running suits.
IC 028 - sports equipment, namely,
basketballs, footballs, rugby balls,
soccer balls, in-line skates, hockey
skates; protective hockey equipment,
namely shin pads, elbow pads,
shoulder pads, and pants; protective
in-line skating equipment, namely
kneepads and elbow pads.

Copies of the Certificates of Registration for the Reebok Marks are attached at Schedule C.
21.

The Reebok Mark shave been used in interstate commerce to identify and

distinguish Reebok products for an extended period of time and serve as symbols of Reebok’s
quality, reputation, and goodwill.
22.

The Reebok Marks are well-known and famous and have been for many years.

Reebok has expended substantial time, money and other resources developing, advertising and
otherwise promoting the Reebok Marks. Specifically, Reebok has used the Reebok Marks in
connection with its frequent sponsorship of sports tournaments and organizations, professional
athletes, and celebrities/musicians. For example, Reebok presently sponsors football players
Peyton Manning (of the Indianapolis Colts), Eli Manning (of the New York Giants) and Philip

9

Rivers (of the San Diego Chargers); basketball player John Wall (of the Washington Wizards);
baseball players David Ortiz and Josh Beckett (of the Boston Red Sox); hockey players Sidney
Crosby (of the Pittsburgh Penguins) and John Tavares (of the New York Islanders); Formula One
racer Lewis Hamilton; and boxer Amir Kahn. The Reebok Marks and Reebok products are
further endorsed by world renown celebrities including International star and actress Eva
Mendes; famed sports broadcaster Erin Andrews; and platinum producer, artist, and designer
Swizz Beatz. Reebok also is the exclusive licensee of the National Football League ("NFL") to
manufacture, market, and sell merchandise for all NFL teams, including on-field uniforms,
sideline apparel, practice apparel, NFL-branded footwear, and an NFL-branded apparel line.
Reebok similarly holds exclusive rights to manufacture and market authentic, replica, and
practice jerseys for the teams of the National Hockey League. The Reebok Marks qualify as
famous marks as that term is used in 15 U.S.C. §1125(c)(1).Reebok has extensively used,
advertised and promoted the Reebok Marks in the United States in association with the sale of
high quality products. Reebok has spent millions of dollars promoting the Reebok Marks and
products bearing the Reebok Marks. In recent years, Reebok has sold hundreds of millions of
dollars of products bearing the Reebok Marks.
23.

The Reebok Marks have achieved secondary meaning as identifiers of high

quality goods as a result of Reebok’s advertisement, promotion and sale of such goods
thereunder.
24.

As a result of Reebok’s efforts, members of the consuming public readily identify

merchandise bearing or sold under the Reebok Marks, as being high quality merchandise
sponsored and approved by Reebok.

10

25.

Reebok has carefully monitored and policed the use of the Reebok Marks and has

never assigned or licensed the Reebok Marks to any of the Defendants in this matter.
Defendants’ Business and Infringing Activities
26.

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

Domain Names.
27.

Defendants have registered at least twenty-eight of the Subject Domain Names,

using marks which are nearly identical and/or confusingly similar to at least one of the adidas
Marks, including,4adidas.com, adidasbounces.com, adidasempire.com, adidas-f50-adizero.com,
adidasf50adizeroshop.com, adidasf50shoes.com, adidasjeremyscott.com, adidasjp.com,
adidasjswings.com, adidas-online-shop.com, adidas-originals.com, adidasporschedesignde.com,
adidassbounce.com, adidasscarpecalcio.com, adidasshoes001.com, adidasshoeshop.com,
adidasshoessite.com, adidassmith.com, adidassuperstarshoes.com, adidastitanbounce.com,
adidastour360.com, adidaswings.com, adidasxjeremyscott.com, helloadidas.com,
jeremyscottsadidas.com, lovinadidas.com, selladidas.com, and womenadidas.com (the
“Infringing adidas Subject Domain Names”).
28.

Additionally, Defendants have registered at least seven of the Subject Domain

Names, which are nearly identical and/or confusingly similar to at least one of the Reebok
Marks, including, reebokeasytoneonline.com, reebok-member.com, reebokmember.com,
reeboktrade.com, reebok123.com, reebokonlineoutlet.com, and zigtechreebokshoes.org(the
“Infringing Reebok Subject Domain Names”).
29.

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

names for the purpose of selling and/or offering for sale goods bearing counterfeit and

11

confusingly similar imitations of the adidas Marks and/or the Reebok Marks unless preliminarily
and permanently enjoined.
30.

Upon information and belief, Defendants have registered and/or used the Subject

Domain Names with the bad faith intent to profit from the adidas Marks and the Reebok Marks.
31.

Defendants do not have, nor have they ever had, the right or authority to use the

adidas Marks or the Reebok Marks. Further, the adidas Marks and the Reebok Marks have never
been assigned or licensed to be used on any of the websites operating under the Subject Domain
Names.
32.

Upon information and belief, Defendants have provided false and/or misleading

contact information when applying for the registration of the Subject Domain Names, or have
intentionally failed to maintain accurate contact information with respect to the registration of
the Subject Domain Names.
33.

Upon information and belief, Defendants have never used any of the Subject

Domain Names in connection with a bona fide offering of goods or services.
34.

Upon information and belief, have not made any a bona fide non-commercial or

fair use of the adidas Marks and/or the Reebok Marks on a website accessible under the any of
the Subject Domain Names.
35.

Upon information and belief, Defendants have intentionally incorporated the

adidas Marks and Reebok Marks in their domain names to divert consumers looking for
Plaintiffs’ respective Internet websites to their own Internet websites for commercial gain.
36.

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

connection with the sale of counterfeit and infringing goods bearing the adidas Marks and/or the
Reebok Marks are essential components of Defendants’ counterfeiting and infringing activities

12

and are the means by which Defendants further their counterfeiting schemes and cause harm to
Plaintiffs. Moreover, Defendants are using Plaintiffs’ respective 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.
37.

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

than illegal operations established and operated in order to infringe the intellectual property
rights of Plaintiffs and others.
38.

In blatant disregard of Plaintiffs’ rights, Defendants are promoting and

advertising, distributing, selling, and/or offering for sale goods in interstate commerce that bear
counterfeit and confusingly similar imitations of the adidas Marks and the Reebok Marks,
including without limitation footwear and apparel (collectively, the “Counterfeit Goods”)
through the fully interactive commercial websites operating under Subject Domain Names.
Specifically, upon information and belief, Defendants are using identical copies of the adidas
Marks and the Reebok Marks for different quality goods. Plaintiffs had used the adidas Marks
and Reebok Marks extensively and continuously before Defendants began offering counterfeit
and confusingly similar imitations of Plaintiffs’ merchandise.
39.

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

substantially lower than that of Plaintiffs’ respective genuine goods. 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 and intent that such goods will be mistaken for the genuine high quality goods
offered for sale by Plaintiffs despite their knowledge that they are without authority to use the
adidas Marks and the Reebok Marks. The net effect of Defendants’ actions will result in the

13

confusion of consumers who will believe Defendants’ Counterfeit Goods are genuine goods
originating from, associated with, and approved by Plaintiffs.
40.

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

websites operating under at least the Subject Domain Names. In so advertising these goods,
Defendants use the adidas Marks and the Reebok Marks without Plaintiffs’ permission. Indeed,
Defendants herein misappropriated Plaintiffs’ advertising ideas and entire styles of doing
business with regard to the advertisement and sale of Plaintiffs’ respective, genuine goods. Upon
information and belief, the misappropriation of Plaintiffs’ advertising ideas in the form of the
adidas Marks and the Reebok Marks is the proximate cause of damage to Plaintiffs.
41.

Upon information and belief, Defendants are targeting their counterfeiting and

infringing activities toward consumers and causing harm within this judicial 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
Plaintiffs and their respective adidas Marks and Reebok Marks 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.
42.

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

had full knowledge of Plaintiffs’ respective ownership of the adidas Marks and the Reebok
Marks, including their respective, exclusive rights to use and license such intellectual property
and the goodwill associated therewith.
43.

Defendants’ use of the adidas Marks and the Reebok Marks, including the

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

14

44.

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 respective goodwill and reputations 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.
45.

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

deception, and mistake in the minds of consumers, the public, and the trade before, during, and
after the time of purchase. 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,
which there is not.
46.

Plaintiffs have no adequate remedy at law.

47.

Plaintiffs are suffering irreparable injury and have suffered substantial damages as

a result of Defendants’ counterfeiting and infringing activities.
48.

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.
COUNT I - TRADEMARK COUNTERFEITING AND INFRINGEMENT
49.

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

through 42 above.
50.

This is an action for trademark counterfeiting and infringement against

Defendants based on their use of counterfeit and confusingly similar imitations of the adidas

15

Marks and Reebok Marks in commerce in connection with the promotion, advertisement,
distribution, offering for sale and sale of the Counterfeit Goods.
51.

Specifically, Defendants are promoting and otherwise advertising, selling,

offering for sale, and distributing at least sports and leisure wear, namely, suits, shirts, t-shirts,
polo shirts, jerseys, jackets, track suits, and warm-up suits; headgear, namely hats; athletic
footwear and leisure foot wear, namely boots, sandals, specific purpose athletic shoes and
general purpose sports shoes; and all purpose sport bags, athletic bags, and backpacks, using
counterfeits and infringements of one or more of the adidas Marks, and footwear and apparel
namely shirts, t-shirts, and athletic uniforms, using counterfeits and infringements of one or more
of the Reebok Marks. Defendants are continuously infringing and inducing others to infringe the
adidas Marks by using them to advertise, promote and sell counterfeit sports and leisure wear,
namely, suits, shirts, t-shirts, polo shirts, jerseys, jackets, track suits, and warm-up suits;
headgear, namely hats; athletic footwear and leisure foot wear, namely boots, sandals, specific
purpose athletic shoes and general purpose sports shoes; and all purpose sport bags, athletic bags,
and backpacks, and the Reebok Marks by using them to advertise, promote and sell footwear and
apparel namely shirts, t-shirts, and athletic uniforms.
52.

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.
53.

Defendants’ unlawful actions have caused and are continuing to cause

unquantifiable damages to Plaintiffs.

16

54.

Defendants’ above-described illegal actions constitute counterfeiting and

infringement of the adidas Marks and the Reebok Marks in violation of Plaintiffs’ respective
rights under § 32 of the Lanham Act, 15 U.S.C. § 1114.
55.

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
56.

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

through 42 above.
57.

Defendants’ Counterfeit Goods bearing and sold under the adidas Marks and the

Reebok Marks have been widely advertised and distributed throughout the United States.
58.

Defendants’ Counterfeit Goods bearing and sold under the adidas Marks and the

Reebok Marks are virtually identical in appearance to each of Plaintiffs’ respective, genuine
goods. However, Defendants’ Counterfeit Goods are different and likely inferior in quality.
Accordingly, Defendants’ activities are likely to cause confusion among the general public as to
at least the origin or sponsorship of their Counterfeit Goods.
59.

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

of the Counterfeit Goods, false designations of origin 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 origin and such descriptions and representations, all to the detriment of
Plaintiffs.

17

60.

Specifically, Defendants have authorized infringing uses of the adidas Marks in

Defendants’ advertisement and promotion of their counterfeit and infringing adidas-branded
sports and leisure wear, namely, suits, shirts, t-shirts, polo shirts, jerseys, jackets, track suits, and
warm-up suits; headgear, namely hats; athletic footwear and leisure foot wear, namely boots,
sandals, specific purpose athletic shoes and general purpose sports shoes; and all purpose sport
bags, athletic bags, and backpacks, and infringing uses of the Reebok Marks in Defendants’
advertisement and promotion of their counterfeit and infringing Reebok-branded footwear and
apparel namely shirts, t-shirts, and athletic uniforms. Defendants have misrepresented to
members of the consuming public that the Counterfeit Goods being advertised and sold by them
are genuine, non-infringing goods.
61.

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

Lanham Act, 15 U.S.C. §1125(a).
62.

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))
63.

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

through 39 above.
64.

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

profit from the adidas Marks and the goodwill associated with the adidas Marks by registering
the Infringing adidas Domain Names.
65.

The adidas Marks were distinctive and famous at the time Defendants registered

the Infringing adidas Domain Names.
18

66.

The Infringing adidas Domain Names are identical to, confusingly similar to or

dilutive of at least one of the adidas Marks.
67.

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

profit from the Reebok Marks and the goodwill associated with the Reebok Marks by registering
the Infringing Reebok Domain Names.
68.

The Reebok Marks were distinctive and famous at the time Defendants registered

the Infringing Reebok Domain Names.
69.

The Infringing Reebok Domain Names are identical to, confusingly similar to or

dilutive of at least one of the Reebok Marks.
70.

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

Lanham Act, 15 U.S.C. §1125(d).
71.

The aforesaid conduct is causing Plaintiffs immediate and irreparable injury and

Plaintiffs have no adequate remedy at law.
PRAYER FOR RELIEF
72.

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

an award of equitable relief and monetary relief 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 adidas Marks and/or the Reebok Marks; from using the adidas
Marks and/or the Reebok 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

19

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 adidas Marks in connection with the publicity, promotion, sale, or
advertising of any goods sold by Defendants, including, without limitation, sports and leisure
wear, namely, suits, shirts, t-shirts, polo shirts, jerseys, jackets, track suits, and warm-up suits;
headgear, namely hats; athletic footwear and leisure foot wear, namely boots, sandals, specific
purpose athletic shoes and general purpose sports shoes; and all purpose sport bags, athletic bags,
and backpacks; from using any reproduction, counterfeit, copy, or colorable imitation of the
Reebok Marks in connection with the publicity, promotion, sale, or advertising of any goods sold
by Defendants, including, without limitation, footwear and apparel namely shirts, t-shirts, and
athletic uniforms; 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 counterfeit and
infringing adidas-branded goods and/or Reebok-branded goods be disabled and/or immediately

20

transferred by Defendants, their Registrars, the Registries, and\or the Internet Corporation for
Assigned Names and Numbers (ICANN)to Plaintiffs’ control.
c.

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

(TLD) Registries for 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 address 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 sale of counterfeit and infringing goods using the adidas Marks
and/or the Reebok 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 top level domain Registries responsible for the Subject Domain Names facilitate
the transfer and/or disable the Subject Domain Names.
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 award 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.

21

g.

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

all profits and damages resulting from Defendants’ cybersquatting activities and that the award
to Plaintiffs be trebled, as provided for under 15 U.S.C. §1117, or, at Plaintiffs’ election with
respect to Count III, that Plaintiffs be awarded statutory damages from Defendants in the amount
of one hundred thousand dollars ($100,000.00) per infringing 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 but not limited to PayPal, Inc., Western Union Financial Services,
Inc., 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.
DATED: November 14, 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., Suite 130-453
Ft. Lauderdale, Florida 33301
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
E-mail: [e-mail]
Attorneys for Plaintiffs
22

SCHEDULE A
DEFENDANTS BY NUMBER AND SUBJECT DOMAIN NAMES
Defendant 1
Defendant 2
Defendant 3
Defendant 4

Defendant 5
Defendant 6
Defendant 7
Defendant 8
Defendant 9
Defendant 10
Defendant 11
Defendant 12
Defendant 13
Defendant 14
Defendant 15
Defendant 16
Defendant 17
Defendant 18
Defendant 19
Defendant 20
Defendant 21
Defendant 22
Defendant 23
Defendant 24
Defendant 25
Defendant 26
Defendant 27
Defendant 28
Defendant 29
Defendant 30
Defendant 31

2010shopjerseys.net
2010shopjerseys.org
4adidas.com
888shop-jerseys.com
888shopjerseys.com
ccmjerseys.com
adiclothing.com
adidasbounces.com
adidasempire.com
adidas-f50-adizero.com
adidasf50adizeroshop.com
adidasf50shoes.com
adidasjeremyscott.com
adidasjp.com
adidasjswings.com
adidas-online-shop.com
adidas-originals.com
adidasporschedesignde.com
adidassbounce.com
adidasscarpecalcio.com
adidasshoes001.com
adidasshoessite.com
adidasshoeshop.com
adidassmith.com
adidassuperstarshoes.com
adidastitanbounce.com
adidastour360.com
adidaswings.com
adidasxjeremyscott.com
airmaxshopchina.com
selladidas.com
autobotshop.com
buyjerseysonline.com
buyjerseyswholesale.com
buyteamsportsuniforms.com

23

Defendant 32
Defendant 33
Defendant 34
Defendant 35
Defendant 36
Defendant 37

Defendant 38
Defendant 39
Defendant 40
Defendant 41
Defendant 42
Defendant 43
Defendant 44
Defendant 45
Defendant 46
Defendant 47
Defendant 48
Defendant 49

Defendant 50
Defendant 51
Defendant 52
Defendant 53
Defendant 54
Defendant 55
Defendant 56
Defendant 57
Defendant 58
Defendant 59
Defendant 60
Defendant 61
Defendant 62

caminio.com
ccmjersey.com
chaussures-nike-tn.com
cheap001.com
cheap999.com
cheapjerseysfromchina.com
jerseysfromchina.biz
jerseysfromchina.us
cheapkicksforsale.com
cheapnbashoes.com
cheapshopping4u.com
cn-jerseys.com
everysportuniforms.com
fashion333.com
footballbootsuk.com
footballcleatsstore.com
footballjerseys4sale.com
gsdiscount.com
helloadidas.com
ilove-shopping.org
b2cshop.us
love-shopping.org
loveshopping.us
indoor-soccershoes.com
inthestyleshop.com
jeremyscottsadidas.com
jeremyscottwing.com
jerseysforcheap.biz
jerseysfromchina.net
jerseysfromchina.com
jerseysfromchina.org
jerseysfromchina.info
jerseysfull.com
superstonejerseys.com
jerseys-googler.com
lovinadidas.com
lowestbestexport.com
mercurialshoesoutlet.com
nba-basketball-shoes.net
24

Defendant 63
Defendant 64
Defendant 65
Defendant 66
Defendant 67
Defendant 68
Defendant 69
Defendant 70
Defendant 71
Defendant 72
Defendant 73
Defendant 74
Defendant 75

Defendant 76
Defendant 77
Defendant 78
Defendant 79
Defendant 80
Defendant 81
Defendant 82
Defendant 83
Defendant 84
Defendant 85
Defendant 86
Defendant 87
Defendant 88
Defendant 89
Defendant 90
Defendant 91
Defendant 92
Defendant 93
Defendant 94
Defendant 95
Defendant 96

nba-home.com
nikemercurialshoes.com
nike-mercurial-store.com
nikeshoes001.com
onlinesoccerboots.co.uk
outlet-jerseys.com
plentystock.com
ptjerseys.com
ptjerseys.net
ptjerseys.org
reebok123.com
reebokeasytoneonline.com
reebok-member.com
nfl-depot.com
reebokmember.com
reeboktrade.com
sportjerseystown.org
reebokonlineoutlet.com
shopadicolor.com
shopsoccerjerseys.com
soccercleats4u.com
soccercleatsnike.com
soccercleatsshoes.com
soccer-cleats-shoes.com
soccerjerseycenter.com
socceroutlets.com
soccershoes4you.com
soccershoesforsales.com
soccershoesproducts.com
soccershoesstores.com
soccerusa4you.com
supercheapsoccer.com
superstarkick.com
toahk.com
topjerseysorder.com
tradeccc.net
trikotdiscount.com
usa-soccer-jersey.com
25

Defendant 97
Defendant 98
Defendant 99
Defendant 100
Defendant 101
Defendant 102
Defendant 103
Defendant 104
Defendant 105
Defendant 106

uubest.com
various-jersey-wholesale.com
well-sports.com
wholesale-from-china.com
wholesalejerseysfromchina.com
wholesalesoccercleats.com
womenadidas.com
world-jerseys.com
world-soccer-shoes.com
zigtechreebokshoes.org

26