Complaint for Trademark and Copyright Counterfeiting
United States District Court, [district].
[name of Plaintiffs] and [name of Plaintiff’s attorney], Plaintiffs,
v.
[names of Defendants], Defendants,
Complaint for Damages and Injunctive Relief
JURISDICTION AND VENUE
1. This is an action pursuant to (i) 15 U.S.C. §§ 1114, 1116, 1121 and 1125(a), and (ii) 17 U.S.C. § 101 et seq. Accordingly, this Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338. Venue is proper in this Court pursuant 28 U.S.C. § 1391, and, upon information and belief, this Court may properly exercise personal jurisdiction over Defendants since Defendants conduct business with consumers and cause harm to Plaintiffs within this District through at least the fully interactive Internet websites operating under the domain names: [list of domain names].
THE PLAINTIFFS
2. [Name of Plaintiff’s attorney] (“Plaintiff’s Attorney”) is an individual, who resides within this Judicial District and is an attorney for the Plaintiff [name of Plaintiff] (“Plaintiff”). Plaintiff’s Attorney is duly authorized and licensed to practice law before all courts in the States of [States], the Eleventh Circuit Court of Appeals, and the Federal Circuit Court of Appeals. Plaintiff’s Attorney’s entire legal practice is devoted to anti-counterfeiting litigation on behalf of luxury goods companies such as Plaintiff. Plaintiff’s Attorney enjoys a good reputation in the field of anti-counterfeiting, particularly among luxury goods companies such as Plaintiff.
3. Plaintiff is a [State] limited liability company, with its principal place of business in the United States located at [address of Plaintiff]. Plaintiff has been engaged in the business of manufacturing and distributing throughout the world, including within this Judicial District, high quality products under multiple world famous common law and federally-registered trademarks and designs protected by United States Copyright Registrations including those identified in Paragraph 10 below. Plaintiff regularly enforces its intellectual property rights and authorized that this action be brought in its name.
THE DEFENDANTS
4. Each Doe Defendant conducts business within this jurisdiction through the operation of the fully interactive Internet websites operating under the domain names [list of domain names]. Defendant Does 1-10 are, upon information and belief, individuals and/or business entities who reside and/or conduct substantial business within this Judicial District. Does 1-10 are directly and personally contributing, inducing and engaging in the sale of counterfeit and infringing products within this Judicial District as alleged herein as partners, co-conspirators or suppliers and/or successors-in-interest. Plaintiffs are presently unaware of the true names of Does 1-10. Plaintiffs will amend this Complaint upon discovery of the identities of such fictitious Defendants.
5. Defendants are the moving and conscious forces behind the operation of the Internet websites operating under the domain names [list of domain names].
6. Upon information and belief, Defendants also jointly own and operate additional Internet websites, under true domain names currently unknown to Plaintiffs.
7. Upon information and belief, Defendants are directly engaging in the sale of counterfeit and infringing products within this Judicial District as alleged herein. Moreover, upon information and belief, Defendants have conspired with each other to jointly engage in the offering for sale and sale of counterfeit and infringing Plaintiff branded products within this Judicial District through the following fully Interactive Internet websites operating under at least the domain names [list of 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 advertised and sold their counterfeit and infringing goods in the State of [State].
8. Defendants’ Internet-based website businesses amount to nothing more than a massive illegal operation, infringing on the intellectual property rights of Plaintiff and others.
9. Upon information and belief, Defendants have registered, established or purchased the domain names [list of domain names]. Defendants have used Plaintiff’s factual information including names, without authorization, for the registration of the domain names [list of domain names]. Upon information and belief, these domain names have been registered for the sole purpose of harming Plaintiffs.
10. Defendants’ domain names [list of domain names], and any other domain names used in connection with the sale of counterfeits bearing the Plaintiff marks are essential components of Defendants’ counterfeiting and infringing activities. The domain names themselves are the means by which Defendants further their counterfeiting scheme and cause harm to Plaintiffs.
COMMON FACTUAL ALLEGATIONS
11. Plaintiff is the owner and/or exclusive licensee 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:
Mark	Registration Number	Registration Date	
[trademark]	[registration number]	[date]	
[trademark]	[registration number]	[date]	
[trademark]	[registration number]	[date]	
[trademark]	[registration number]	[date]	
which are registered in International Class [International Class number], and are used in connection with the manufacture and distribution of, among other things, [list of goods/services] (the “Plaintiff Marks”). Additionally, Plaintiff is the owner and/or exclusive licensee of all rights in and to the following United States Copyright Registrations:
Copyright Title	Registration Number	Registration Date	
[copyright]	[registration number]	[date]	
[copyright]	[registration number]	[date]	
[copyright]	[registration number]	[date]	
[copyright]	[registration number]	[date]	
[copyright]	[registration number]	[date]	
for works in which Plaintiff’s copyrighted designs appear (the “Plaintiff Copyrights”). Plaintiff’s ownership and registration of Plaintiff’s copyrighted works precede Defendants’ infringement as alleged herein.
12. The Plaintiff Marks and the works protected by the Plaintiff Copyrights have been used in interstate commerce to identify and distinguish Plaintiff’s high quality [list of goods/services] and other goods for an extended period of time.
13. Neither the Plaintiff Marks nor the works protected by the Plaintiff Copyrights have ever been assigned or licensed to any of the Defendants in this matter.
14. The Plaintiff Marks are symbols of Plaintiff’s quality, reputation and goodwill and have never been abandoned.
15. Further, Plaintiff has expended substantial time, money and other resources developing, advertising and otherwise promoting the Plaintiff Marks. The Plaintiff Marks qualify as famous, as that term is used in 15 U.S.C. § 1125(c)(1).
16. Plaintiff has extensively used, advertised and promoted the Plaintiff Marks in commerce in the United States in association with the sale of high quality goods and has carefully monitored and policed the use of the Plaintiff Marks.
17. As a result of Plaintiff’s efforts, members of the consuming public readily identify merchandise bearing the Plaintiff Marks as being high quality merchandise sponsored and approved by Plaintiff.
18. Accordingly, the Plaintiff Marks have achieved secondary meaning as identifiers of high quality goods as a result of Plaintiff’s advertisement, promotion and sale of high quality goods thereunder. Specifically, for many years Plaintiff has advertised goods under the Plaintiff Marks in widely circulated newspapers such as [titles of publications].
19. Upon information and belief, at all times relevant hereto, Defendants in this action have had full knowledge of Plaintiff’s ownership of the Plaintiff Marks and the works protected by the Plaintiff Copyrights, including its exclusive right to use and license such intellectual property and the goodwill associated therewith.
20. Plaintiff has discovered Defendants are promoting and otherwise advertising, distributing, offering for sale and/or selling products in commerce, including, but not limited to, [list of goods/services], using trademarks which are exact copies of the Plaintiff Marks and designs which are exact copies of the works protected by the Plaintiff Copyrights (the “Counterfeit Goods”).
21. Upon information and belief, Defendants’ Counterfeit Goods are of a quality substantially different than that of Plaintiff’s 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 high quality products offered for sale by Plaintiff. The net effect of Defendants’ actions will be to result in the confusion of the relevant trade and consumers, both at the time of sale and in a post-sale setting, who believe Defendants’ Counterfeit Goods are genuine goods originating from, associated with, and approved by Plaintiff.
22. Defendants advertise their Counterfeit Goods for sale to the consuming public. In so advertising these products, Defendants improperly and unlawfully use the Plaintiff Marks reproductions of the works protected by the Plaintiff Copyrights. Indeed, Defendants have misappropriated Plaintiff’s advertising ideas and entire style of doing business with regard to the advertisement and sale of Plaintiff’s genuine products. Upon information and belief, the misappropriation of Plaintiff’s advertising ideas in the form of the Plaintiff Marks and copyrighted works has occurred, in part, in the course of Defendants’ advertising activities and has been the proximate cause of damage to Plaintiff.
23. Upon information and belief, Defendants are conducting their counterfeiting and infringing activities at least 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 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.
24. Defendants’ use of Plaintiff’s names and/or trademarks and copyrighted works, including the promotion and advertising, reproduction, distribution, sale and offering for sale of their Counterfeit Goods, is without Plaintiffs’ consent or authorization.
25. Further, Defendants are engaging in the above-described illegal counterfeiting and infringing activities knowing, maliciously and intentionally, or with reckless disregard or willful blindness to Plaintiffs’ rights with the intent of trading on the goodwill and reputation of Plaintiffs.
26. Defendants’ above-identified counterfeit and infringing activities are likely to cause confusion, deception and mistake in the minds of consumers, the public and the trade. Moreover, Defendants’ wrongful use of Plaintiff’s names and/or trademarks and copyrighted works 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 and Defendants’ Counterfeit Goods.
27. Plaintiffs have no adequate remedy at law.
28. Plaintiff is suffering irreparable injury and damages as a result of Defendants’ unauthorized and wrongful use of the Plaintiff Marks and the works protected by the Plaintiff Copyrights. If Defendants’ counterfeiting and infringing activities are not preliminarily and permanently enjoined by this Court, Plaintiff and the consuming public will continue to be harmed.
29. Plaintiff’s Attorney is suffering irreparable injury to his reputation, career, and business as a result of Defendants’ activities, and unauthorized use of his name, which, upon information and belief, are likely part of a calculated retaliation for his anti-counterfeiting efforts on behalf of Plaintiff. If Defendants’ activities are not preliminarily and permanently enjoined by this Court, Plaintiff’s Attorney will continue to be harmed.
30. The injuries and damages sustained by Plaintiffs have been directly and proximately caused by Defendants’ wrongful reproduction, use, advertisement, promotion, offering to sell, and sale of their Counterfeit Goods.
31. Plaintiffs have retained the undersigned counsel to represent them in this matter and are obligated to pay said counsel a reasonable fee for such representation.
COUNT I
Trademark Counterfeiting and Infringement 
(Plaintiff Only)
32. Plaintiff hereby readopts and re-alleges the allegations set forth in Paragraphs 1 through 30 above.
33. This is an action for trademark infringement and counterfeiting against Defendants based on their use of counterfeits of the Plaintiff Marks in commerce in connection with the promotion, advertisement, distribution, sale and/or offering for sale of the Counterfeit Goods.
34. Specifically, Defendants are promoting and otherwise advertising, selling, offering for sale and distributing counterfeit and infringing [description of goods/services] bearing the Plaintiff Marks. Defendants are continuously infringing and inducing others to infringe the Plaintiff Marks by using them to advertise, promote and sell counterfeit [description of goods/services].
35. Defendants’ counterfeiting and infringing activities are likely to cause and, upon information and belief, 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 bearing the Plaintiff Marks.
36. Defendants’ unlawful actions have caused and are continuing to cause irreparable injury and damages to Plaintiff.
37. Defendants’ above-described illegal actions constitute infringement and counterfeiting of the Plaintiff Marks in violation of Plaintiff’s rights under § 32 of the Lanham Act, 15 U.S.C. § 1114.
COUNT II
False Designation of Origin Pursuant to § 43(a) of the Lanham Act
38. Plaintiffs hereby readopt and re-allege the allegations set forth in Paragraphs 1 through 30 above.
39. Defendants’ Counterfeit Goods bearing and sold under the Plaintiff Marks have been widely advertised and distributed throughout the United States.
40. Defendants’ Counterfeit Goods bearing and sold under the Plaintiff Marks are virtually identical in appearance to Plaintiff’s respective genuine goods. However, Defendants’ Counterfeit Goods are different. 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 the Counterfeit Goods.
41. Defendants, upon information and belief, have used in connection with their sale of 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 origin and such descriptions and representations, all to the detriment of Plaintiff.
42. Defendants have authorized an infringing use of the Plaintiff Marks in Defendants’ advertisement and promotion of their counterfeit and infringing [list of goods/services]. Defendants have misrepresented to members of the consuming public that the Counterfeit Goods being advertised and sold by them are genuine, non-infringing products.
43. Defendants’ have used Plaintiffs names, without authority, for the registration of the domain names [list of domain names]. Defendants have misrepresented to members of the consuming public that the domain names [list of domain names] are registered, owned and administered by Plaintiffs.
44. Defendants’ above-described actions are in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
45. As a result of Defendants’ above-described actions, Plaintiffs has sustained irreparable injury and damage, and Defendants have earned substantial profits.
COUNT III
Claim for Relief for Cyberpiracy Under § 43(d) of the 
Lanham Action (15 U.S.C. § 1125(d) (Plaintiff Only)
46. Plaintiff hereby readopts and re-alleges the allegations set forth in Paragraphs 1 through 30 above.
47. At all times relevant hereto, Plaintiff has been and still is the owner of the rights, title and interest in and to the Plaintiff Marks.
48. Upon information and belief, Defendants have acted with the bad faith intent to profit from the Plaintiff Marks and the goodwill associated with the Plaintiff Marks by registering domain names, including [list of domain names], which are identical, confusingly similar to or dilutive of the Plaintiff Marks.
49. Defendants have no intellectual property rights in or to the Plaintiff Marks.
50. Defendants’ actions constitute cyberpiracy in violation of § 43(d) of the Lanham Act, 15 U.S.C. § 1125(d).
51. Defendants’ conduct is done with knowledge and constitutes a willful violation of Plaintiff’s rights in the Marks. At a minimum, Defendants’ conduct is in reckless disregard of Plaintiffs’ rights or demonstrates willful blindness to Plaintiffs’ rights.
52. The aforesaid conduct is causing Plaintiffs immediate and irreparable injury. Plaintiffs have no adequate remedy at law.
COUNT IV
Copyright Infringement (Plaintiff Only)
53. Plaintiff hereby readopts and re-alleges the allegations set forth in Paragraphs 1 through 30 above.
54. This is an action for copyright infringement against Defendants.
55. Defendants are continuously, directly and contributorily infringing, and will continue to infringe, the works protected by the Plaintiff Copyrights at least by copying, selling, advertising, reproducing and placing into a chain of distribution, unauthorized copies or derivations of Plaintiff’s copyrighted works in violation of 17 U.S.C. § 501.
56. Defendants may be knowingly and willfully engaging in the copyright infringement alleged herein for the purpose of profiting therefrom.
57. As a result of Defendants’ above-described actions, Plaintiff has sustained irreparable injury and damage and Defendants have earned substantial profits.
PRAYER FOR RELIEF
58. WHEREFORE, Plaintiffs demand judgment on all Counts of this Complaint and an award of equitable relief and monetary relief, jointly and severally, against the 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 Plaintiff Marks and/or the works protected by the Plaintiff Copyrights; from using the Plaintiff Marks, or any mark or trade dress similar thereto and the works protected by the Plaintiff Copyrights, 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 products of Defendants as being sponsored by, authorized by, endorsed by, or in any way associated with Plaintiff; 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 Plaintiff Marks or the works protected by the Plaintiff copyrights in connection with the publicity, promotion, sale, or advertising of any goods sold by Defendants; 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 Plaintiff, or in any way endorsed by Plaintiff and from offering such goods in commerce; and from otherwise unfairly competing with Plaintiff.
b. Defendants be required to account to and pay the Plaintiff for all profits and damages resulting from Defendants’ trademark infringing and counterfeiting activities and that the award to Plaintiff be trebled, as provided for under 15 U.S.C. § 1117, or, at Plaintiff’s election with respect to Count I, that Plaintiff be awarded statutory damages from each of Defendants in the amount of [amount] ($##.##) per each counterfeit Plaintiff Mark used and product sold, as provided by 15 U.S.C. § 1117(c)(2) of the Lanham Act.
c. Defendants be required to account to and pay Plaintiff for all profits and damages resulting from Defendants’ cyberpiracy activities and that the award to Plaintiff be trebled, as provided for under 15 U.S.C. § 1117, or, at Plaintiff’s election with respect to Count IV, that Plaintiff be awarded statutory damages from the Defendants in the amount of [amount] ($##.##) per pirated domain name used as provided by 15 U.S.C. § 1117(d) of the Lanham Act.
d. Enter an order canceling or, at Plaintiff’s election, transferring the domain names [list of domain names] to Plaintiff’s control.
e. Defendants be required to pay Plaintiff for all damages sustained by Plaintiff in consequence of the Defendants’ copyright infringement described above together with appropriate interest thereon; Defendants be required to account to Plaintiff for, and disgorge to Plaintiff, and to pay to Plaintiff, all the gains, profits, savings and advantages realized by the Defendants from their acts of copyright infringement described above; Plaintiff be awarded, at its election, statutory damages within the provisions of Sections 504(c) of the Copyright Act, 17 U.S.C. § 504(c), enhanced to reflect the willful nature of the Defendants’ infringement, instead of an award of actual damages or profits, and be awarded its costs and disbursements incurred in this action, including reasonable attorney fees pursuant to 17 U.S.C. § 505.
f. An award of Plaintiffs’ costs and reasonable attorneys’ fees and investigators’ fees associated with bringing this action.
g. An award of pre-judgment interest on the judgment amount.
h. Other and further relief as the Court may deem just and proper.
DATED: [date]