State Court Complaint for Contributory Trademark Infringement
[Court]
[name of Plaintiff], Plaintiff,
v.
[name of Defendant], Defendant.
 [case number].
[date].
COMPLAINT
[names and addresses of Counsel for Plaintiff], for plaintiff, [name of Plaintiff] (“Plaintiff”), as for its Complaint against Defendant [name of Defendant] (“Defendant”) alleges, upon information and belief, as follows:
NATURE OF THE ACTION
1. This is an action for (i) contributory trademark infringement and (ii) vicarious trademark infringement as a result of Defendant, despite having actual knowledge of the infringement, continuing to provide its services to an entity that is actively infringing Plaintiff’s trademark rights.
PARTIES
2. Plaintiff [name of Plaintiff] is a limited liability company, duly organized and existing under the laws of the State of [State], with a principal place of business at [address of Plaintiff].
3. Defendant [name of Defendant] is a limited liability company organized and existing under the laws of [Country], with a principal place of business at [address of Defendant].
JURISDICTION AND VENUE
4. This Court has subject matter jurisdiction over all of Plaintiff’s claims asserted herein pursuant to [Statute].
5. Upon information and belief, this Court has personal jurisdiction over Defendant, pursuant to [Statute], because Defendant transacts and solicits business on a regular, systematic and continuous basis within the United States, including the State of [State]. Plaintiff’s claims arise out of these transactions and solicitations of business by Defendant within the State of [State].
6. Upon information and belief, this Court has personal jurisdiction over Defendants, pursuant to [Statute], because Defendant committed a tortious act without the State causing injury to Plaintiff within the State and county, and Defendant does business in the State, derives substantial revenue from services rendered in the State, derives substantial revenue from interstate and international commerce and should reasonably expect the act to have consequences in the State.
7. Venue in [county] is proper pursuant to [Statute], because it is where Plaintiff maintains its principal place of business.
FACTUAL ALLEGATIONS
Plaintiff’s Service and Brands
8. Plaintiff, along with its affiliates, operates a [description of products/services].
9. Most notably, Plaintiff operates the “[name of Plaintiff Brand]” [description of products/services] which maintains numerous feeds and reaches hundreds of millions of customers.
10. To establish its brand and global presence, Plaintiff has expended substantial resources to procure trademark registrations for terms such as, inter alia, “[name of Plaintiff Brand]” (“Plaintiff Brand”) and “[name of Plaintiff Brand 2]” (“Plaintiff Brand 2”) in over [number] jurisdictions. Comprehensive lists of Plaintiff’s Plaintiff Brand and Plaintiff Brand 2 trademark portfolios are annexed hereto as Exhibit(s) A & B, respectively.
11. Plaintiff’s “Plaintiff Brand” and “Plaintiff Brand 2” marks are registered and used in connection with [description of products/services] and similar services.
12. [Description of products/services] under the “Plaintiff Brand” brand have been provided to [description of consumer] since [year]. More specifically, the brand originated in [Country], from Plaintiff’s predecessors, and was gradually expanded to numerous countries around the globe, enjoying vast recognition and popularity amongst the public.
13. Plaintiff’s Plaintiff Brand has gained a leading role in the [description of industry] sector, having distributed [description of products/services], for more than [number] years in more than [number] countries across [Countries].
14. The Plaintiff Brand was used by Plaintiff’s predecessors in order to distinguish the products and services covered by the trademark registrations.
15. Immediately following its acquisition of the Plaintiff Brand, Plaintiff has been using the trademarks on a constant basis in order to distinguish the products and services it provides, including the Plaintiff Brand [description of products/services], the content of which relates to the [description of products/services].
16. Plaintiff’s Plaintiff Brand enjoys the approval and recognition of the consumer due to its extended history covering [description of products/services].
17. Plaintiff’s Plaintiff Brand has become an important marketing tool for [description of consumers].
18. The relevant consuming public, all over the globe, has connected the terms Plaintiff Brand and Plaintiff Brand 2 with Plaintiff’s services and recognize Plaintiff’s services under this exact name.
Defendant Is Apprised of Its Role in the Infringement
19. On or around [date], Plaintiff became aware that Defendant was engaged in disseminating a [description of products/services] entitled “Plaintiff Brand 2” distributed by Plaintiff Brand 2 [name of Distributor] (“Distributor”), a [Country] entity, across geographic regions in which Plaintiff uses its Plaintiff Brand and Plaintiff Brand 2 marks and maintains corresponding trademark registrations.
20. Defendant disseminated the “Plaintiff Brand 2” [description of products/services] in [description of territory]. A description of the territory is annexed hereto as Exhibit C.
21. On [date], Plaintiff’s counsel sent Defendant a cease and desist letter, apprising Defendant of the infringement of Plaintiff’s trademark rights in a multitude of jurisdictions. A copy of the [date] letter is annexed hereto as Exhibit D.
22. On [date], a legal officer of Defendant sent Plaintiff’s counsel a letter, acknowledging receipt of the [date] correspondence, while also noting that Defendant would not be obliging to the demands contained in Plaintiff’s letter and continue disseminating the “Plaintiff Brand 2” [description of products/services] in blatant disregard of Plaintiff’s trademark rights. A copy of the [date] letter is annexed hereto as Exhibit E.

23. On [date], Plaintiff’s counsel sent Defendant another cease and desist letter, apprising Defendant that its dissemination of the “Plaintiff Brand 2” [description of products/services], distributed by Distributor, also infringed upon Plaintiff’s trademark rights in over [number] other jurisdictions. A copy of the [date] letter is annexed hereto as Exhibit F.
24. Although it received the [date] correspondence, Defendant neither responded to the letter, nor obliged with the demands contained therein. Proof of delivery of the [date] letter is annexed hereto as Exhibit G.
25. Defendant’s dissemination of the “Plaintiff Brand 2” [description of products/services] is likely to, and does, cause confusion, mistake or deception with consequent injury to Plaintiff and the public. The dissemination of a [description of products/services] which title is confusingly similar to Plaintiff’s Plaintiff Brand and Plaintiff Brand 2 trademark registrations is likely to cause consumers to mistakenly believe that the “Plaintiff Brand 2” [description of products/services] is in some way associated or connected to Plaintiff when, in fact, no such relationship exists.
26. The likelihood of consumer confusion is amplified by the fact that Plaintiff Brand and Plaintiff Brand 2 trademarks are used in connection with [description of products/services], while Defendant disseminates a “Plaintiff Brand 2” [description of products/services].
27. As of this date, Defendant continues to knowingly and intentionally disseminate the “Plaintiff Brand 2” [description of products/services], distributed by Distributor, with reckless disregard of Plaintiff’s intellectual property rights, causing Plaintiff to suffer damages and irreparable harm.
CAUSES OF ACTION
COUNT I
(Contributory Trademark Infringement)
28. Plaintiff hereby repeats each and every allegation set forth in the preceding paragraphs of this Complaint as if fully set forth herein.
29. Count I is for contributory trademark infringement by Defendant.
30. Defendant had actual and/or constructive knowledge that its dissemination of the Plaintiff Brand 2 [description of products/services], distributed by Distributor, across jurisdictions in which Plaintiff has valid and subsisting Plaintiff Brand 2 and Plaintiff Brand trademark registrations, infringed upon Plaintiff’s rights.

31. Despite having actual and/or constructive knowledge that its dissemination of the Plaintiff Brand 2 [description of products/services] infringed upon Plaintiff’s rights, Defendant continued to offer and provide its services to Distributor.
32. Plaintiff has suffered and will continue to suffer damages and irreparable harm as a proximate result of Defendant’s contributory infringement of Plaintiff’s “Plaintiff Brand 2” and “Plaintiff Brand” trademarks.
COUNT II
(Vicarious Trademark Infringement)
33. Plaintiff hereby repeats each and every allegation set forth in the preceding paragraphs of this Complaint as if fully set forth herein.
34. Count II is for vicarious trademark infringement by Defendant.
35. Upon information and belief, Defendant and Distributor have an ongoing contractual relationship in which Defendant disseminates a [description of products/services] distributed by Distributor.
36. Upon information and belief, due to the contractual relationship between Defendant and Distributor, Defendant is able to exercise control over the [description of products/services] distributed by Distributor.
37. Upon information and belief, despite being able to control the infringing [description of products/services] and cause it to be distributed in a manner that does not infringe upon Plaintiff’s trademark rights, such as under a different name, Defendant refuses to do so.
38. Plaintiff has suffered and will continue to suffer damages and irreparable harm as a proximate result of Defendant’s vicarious infringement of Plaintiff’s “Plaintiff Brand 2” and “Plaintiff Brand” trademarks.
PRAYER FOR RELIEF
WHEREFORE, based on the foregoing, Plaintiff demands judgment against Defendant as follows:
i. An Order permanently enjoining and restraining Defendant, its parents, subsidiaries, divisions, branches, affiliates, predecessors or successors-in-interest, and any entities acting or purporting to act for or on behalf of the foregoing, including any agents, employees, representatives, officers, directors, servants and partners, and those persons in active concert or participation with them, from engaging in any further acts of contributory trademark infringement and/or vicarious trademark infringement;
ii. An Order requiring Defendant to account for and pay over to Plaintiff damages in the amount of $[amount], constituting (i) all profits derived by Defendant for its contributory trademark infringement complained of herein, (ii) all profits derived by Defendant for its vicarious trademark infringement complained of herein and (iii) all damages sustained by Plaintiff as a result of Defendant’s contributory and vicarious trademark infringement complained of herein;
iii. Pre-judgment and post-judgment interest in an amount to be determined;
iv. Attorneys’ fees and the costs and disbursements of this action;
v. Such other and further relief that this Court deems just and proper.
Dated: [City, State]
[date]
[names and addresses of Counsel for Plaintiff],
Attorneys for Plaintiff