-1- Complaint
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Martin E. Jerisat, SBN. 273770 Jerisat Law Firm 2372 Morse Ave., Ste. 322 Irvine, CA 92614 T: 714.571.5700 E: mjerisat@jk-lawfirm.com Attorney for Plaintiff Starbuzz Tobacco, Inc.
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
Starbuzz Tobacco, Inc., a California Corporation, Plaintiff, vs. 5 Star Hookah, LLC, a California Limited Liability Corporation, Oskihan Danaciyan, an Individual D/B/A 5starhookah.com, and DOES 1through 10 inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: COMPLAINT FOR: 1.
TRADEMARK INFRINGEMENT (UNDER 15 U.S.C. § 1114) 2.
TRADEMARK INFRINGEMENT (UNDER 15 U.S.C. § 1125) 3.
UNFAIR BUSINESS PRACTICES (UNDER BUS. & PROF. CODE §17200 et seq.) 4.
FOR IMPOSITION OF A CONSTRUCTIVE TRUST UPON ILLEGAL PROFITS; AND 5.
ACCOUNTING DEMAND FOR JURY TRIAL
Case 8:14-cv-00788-DOC-JCG Document 1 Filed 05/21/14 Page 1 of 20 Page ID #:1
-2- Complaint
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, Starbuzz Tobacco, Inc. complains of Defendants and alleges as follows:
I. JURISDICTION
1.
This Court has original jurisdiction over this action pursuant to 15 U.S.C. §§1119 and 1121, and 28 U.S.C. §§1331 and 1338, in that this Complaint raises federal questions under the United States Trademark Act (Lanham Act), 15 U.S.C. §1051 et seq. This Court has supplemental jurisdiction over the state law claims pursuant to 28 U.S.C. §1367. 2.
This Court also has personal jurisdiction over Defendants because they have engaged in business activities in this district. Additionally, Defendants maintain their principal place of business in California, and are domiciled in California. 3.
Venue is proper in this district under 28 U.S.C. § 1391 (b) and (c) in that substantial injury occurred and continues to occur in this district, a substantial portion of the events that are the subject of this action took place in this district, and that Defendants are subject to personal jurisdiction in this district.
II. PARTIES
4.
Plaintiff, Starbuzz Tobacco, Inc. (“Starbuzz” or “Plaintiff”), is now,
and at all times relevant herein was, a corporation organized under the laws of the
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-3- Complaint
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 State of California, with its principal place of business in the City of Garden Grove, California. 5.
Defendant, Oskihan Danaciyan
(“
Danaciyan
”),
an individual, is now, and at all times relevant herein was, a resident of Granada Hills, CA. 6.
Defendant 5 Star Hookah, LLC (“5 Star”), a limited liability
corporation, is now and at all times relevant herein, had a business address in Granada Hills, CA. 7.
Starbuzz is informed and believes, and on that basis alleges, that Defendants are responsible for each of their acts and for their conduct, which are the true legal causes for the damages herein alleged.
III. FACTUAL BACKGROUND
8.
This is an action concerning Defendants' infringement of Starbuzz's trademarks. Defendants have flagrantly disregarded Starbuzz's trademarks , without authorization, to promote their products.
Starbuzz’s Trademarks
9.
Starbuzz sells and distributes tobacco products under various registered federal trademarks, including, but not limited to the following (the
“Starbuzz
Marks”)
Trademark Reg. No. First Use At Least As Early As Exhibit BLUE MIST 3,619,407 December 1, 2006
A
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