Last Friday, Juul Labs, Inc. filed a complaint in the District of Connecticut against Din Sipra LLC for allegedly selling counterfeit versions of JUUL products at their stores.
On December 23, 2020, a Juul representative allegedly purchased a counterfeit good at Din Sipra’s Gulf- Sam’s Food Store business in Norwich, Connecticut. Six days later, Juul supposedly sent a cease-and-desist letter which did not lead to a satisfactory resolution. According to the complaint, on March 3rd, 2021, a Juul representative confirmed that the store was still selling counterfeit products, despite having “never been authorized by JLI, to produce, manufacture, distribute, market, offer for sale, and/or sell merchandise bearing JUUL Marks.” Furthermore, Din Spira used “confusing similar” designs and marks that were designed to have customers mistake their products for the real JUUL products. The plaintiff claimed that the “Defendant’s counterfeit sales outlined above are likely to deceive, confuse, and mislead purchasers and prospective purchasers into believing that the products are authorized by JLI.”
The plaintiff is suing on the counts of trademark infringement, false designation of origin, unfair competition, statutory unfair trade practices, and common law unfair competition. The plaintiff alleged that they have suffered “irreparable harm” and will continue to unless the Court intervenes since this will damage the goodwill and brand recognition between Juul, their customers and potential customers.
Juul is seeking an award of the defendant’s profits, and damages for trademark infringement on all of the counts, or statutory damages of $2,000,000 for each counterfeit trademark, injunctive relief, asset freeze, pre- and post-judgment interest, attorney’s fees and costs, and other relief.
The plaintiffs are represented by McCormick, Paulding & Huber PLLC.