SAN FRANCISCO — A manufacturer is suing Mobile Star LLC and DOES 1-50, online seller, citing alleged trademark infringement.
Apple Inc. filed a complaint on Oct. 17, in the U.S. District Court for the Northern District of California against the defendants alleging that they obtained profit by distribution of substandard and counterfeit products.
According to the complaint, the plaintiff alleges that Apple Inc. has a distinctive mark that is recognized by consumers as a brand identifier for its goods and services. However, plaintiff discovered that some counterfeit products were being sold through Amazon.com when plaintiff decided to purchase samples of the questionable adapters and charging/syncing cable to determine and confirm that they were indeed counterfeit. As a result of defendants' unlawful practices, plaintiff was caused to suffer injury to its reputation and goodwill.
The plaintiff holds Mobile Star LLC and DOES 1-50 responsible because the defendants allegedly posed a danger to consumer safety by distributing a substandard product into the stream of commerce, obtained profit at the expense of plaintiff and falsely represented the counterfeit products as genuine that diminishes plaintiff's reputation.
The plaintiff requests a trial by jury and seeks judgment against defendants, temporary and permanent injunctive relief, forfeiture and destruction of all counterfeit products, damages, award gains, profits and advantages from infringement, attorneys’ fees and other relief to which it is entitled. They are represented by Thomas H. Zellerbach, Diana Rutowski and Cathy Shyong of Orrick, Herrington & Sutcliffe LLP in Menlo Park and Nathan Shaffer of Orrick, Herrington & Sutcliffe LLP in San Francisco.
U.S. District Court for the Northern District of California Case number 3:16-cv-06001