LOS ANGELES — A water pipe distributor has filed suit against a retailer for allegedly selling water pipes that are counterfeit.
Sream Inc. filed a complaint Sept. 6 in U.S. District Court for the Central District of California against Rajwinder Kaur and Does 1-10, alleging that they failed to uphold provisions under the California Business and Professions Act. Sream Inc. cites alleged unfair competition, trademark infringement, counterfeiting and false designation of origin.
According to the complaint, the plaintiff alleges that in August 2013, Sream Inc. has been the exclusive licensee of the RooR trademark in the United States. Under that agreement, the plaintiff manufactures, advertises, markets and distributes trademarked water pipes. In order to protect the RooR trademark, the plaintiff purportedly was granted rights to sue anyone who infringes on the trademark.
The plaintiff holds Rajwinder Kaur and Does 1-10 responsible because the defendants allegedly traded upon and diminished the goodwill of the original products/marks, encouraged others to import and sell counterfeit products and obtained substantial sales/profits from fake products.
The plaintiff requests a trial by jury and seeks judgment against the defendant, counterfeit damages of up to $2,000,000 per defendant, profits from infringement, attorney's fees, costs of suit, restitution, treble damages, preliminary and permanent injunction, an order to provide accounting, constructive trust, destruction of counterfeit products/materials and further relief as the court may deem appropriate. It is represented by Imran F. Vakil of Nexio PC in Costa Mesa.
U.S. District Court for the Central District of California case number 16-cv-01892