Amazon.com Inc et al v. Sumeet Marketing Inc et al, No. 2:2023cv00331 - Document 83 (W.D. Wash. 2024)
Court Description: ORDER granting Parties' 82 Stipulated MOTION for Consent Judgment and Permanent Injunction. Each party shall bear its attorneys' fees and costs incurred in connection with this matter. Upon entry of this Judgment and Permanent Injunction, this action is hereby dismissed with prejudice. Signed by Judge James L. Robart. (SS)
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Amazon.com Inc et al v. Sumeet Marketing Inc et al Doc. 83 The Honorable James L. Robart 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 8 9 10 11 12 13 14 15 16 17 18 19 AMAZON.COM, INC., a Delaware corporation; AMAZON.COM SERVICES LLC, a Delaware limited liability company; JOHNSON & JOHNSON, a New Jersey corporation; and JOHNSON & JOHNSON CONSUMER INC., a Delaware corporation, No. 2:23-cv-00331-JLR STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION Plaintiffs, V. SUMEET MARKETING INC., a New York Corporation; OAR REALTY GROUP LLC, a New York limited liability company; AMIT PAWA, an individual; RAJA SINGH, an individual; OPKAR SINGH, an individual; and DOES 1-10, Defendants. 20 21 WHEREAS, Plaintiffs Amazon.com, Inc., Amazon.com Services LLC (together, 22 "Amazon"), Johnson & Johnson, and Johnson & Johnson Consumer Inc. (together the "J&J 23 Entities"), (collectively, "Plaintiffs") filed this action against Defendants Sumeet Marketing Inc. 24 ("Sumeet Marketing"), OAR Realty Group LLC ("OAR"), Amit Pawa, and Raja Singh 25 (collectively, "Defendants") seeking injunctive relief and monetary damages, including treble 26 damages, costs, and attorneys' fees; 27 STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION - 1 Case No. 2:23-cv-00331-JLR Davis Wright Tremaine LLP 920 Fifth Avenue, Suite 3300 Seattle, WA 98 !04-1640 206.622.3150 main · 206.757.7700 fax Dockets.Justia.com 1 WHEREAS, Plaintiffs alleged in the Complaint claims against Defendants for: (i) 2 trademark counterfeiting under 15 U.S.C. § 1114; (ii) trademark infringement under 15 U.S.C. § 3 1114; (iii) common law trademark infringement; (iv) false designation of origin and false 4 advertising under 15 U.S.C. § 1125(a); (v) violation of the Washington Consumer Protection 5 Act, RCW 19.86.010, et seq.; (vi) trademark dilution under 15 U.S.C. § 1125(c); and (vii) breach 6 of contract (the claims are referred to, collectively, as the "Claims"); 7 8 9 WHEREAS, Plaintiffs and Defendants have agreed to resolve their dispute, and now wish to stipulate to this Consent Judgment and Permanent Injunction; WHEREAS, Plaintiffs and Defendants now stipulate and consent to this Consent 1O Judgment and Permanent Injunction, to its prompt entry by the Court, and to each and every 11 provision, order, and decree herein; 12 13 14 NOW THEREFORE, Plaintiffs and Defendants hereby stipulate to and request that the Court order the following Consent Judgment and Permanent Injunction: IT IS ORDERED, ADJUDGED AND DECREED, AS FOLLOWS: The Court has personal jurisdiction over each of the parties to this action. The 15 16 Court also has subject matter jurisdiction over this action pursuant to 15 U.S.C. § 1121 and 28 17 U.S.C. §§ 1331 and 1338(a). 18 19 20 2. On March 7, 2023, Plaintiffs filed a Complaint against Defendants in this action asserting the Claims. 3. At the time the Complaint was filed and at the time of Defendants' alleged 21 wrongful conduct, Johnson & Johnson owned the following registered trademarks (the "Tylenol 22 Trademarks"), all of which are valid, unrevoked, and subsisting, and which constitute prima 23 facie evidence of Johnson & Johnson's exclusive ownership of the marks during all relevant 24 periods: 25 26 27 STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION - 2 Case No. 2:23-cv-00331-JLR Davis Wright Tremaine LLP 920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1640 206.622.3150 main • 206. 757. 7700 fax 1 2 Mark TYLENOL 3 4 5 Reg.No. 890,360 International Class/ Goods & Services {excerl!t} 5. Analgesic Antipyretic Preparations 5,391,243 5. Analgesics and pain relievers; preparations for treating coughs and colds; analgesic sleeping aid; and allergy and sinus medication TYI.ENOL - 6 7 4. Plaintiffs allege that Defendants advertised, offered, distributed, and sold 8 counterfeit repackaged Tylenol® Extra Strength 50 pouches of 2 caplets each in the 9 Amazon.com store ("Amazon Store"), in violation of Amazon's policies, the J&J Entities' 10 intellectual property rights, and the law. Plaintiffs further allege that the actions of Defendants 11 constitute trademark counterfeiting, trademark infringement, trademark dilution and false 12 advertising under the Lanham Act, violate the Washington Consumer Protection Act and 13 constitute breach of contract. 14 5. Amazon blocked Defendants from the Amazon Store due to Defendants' sale of 15 counterfeit and infringing products. Prior to filing this action, Amazon informed Defendants of 16 the alleged infringing nature of their products, and questioned Defendants regarding the source 17 of the Tylenol products at issue in this Action. Defendants did not honestly inform Amazon of 18 their suppliers of the Tylenol products, and stated that their supplier was a single source when 19 they knew that was not the case. Defendants further supplied Amazon with an inauthentic 20 invoice as a purported source of their Tylenol products, which they knew was false. 21 6. Defendants acknowledge that they sold Tylenol® Extra Strength 50 pouches of 2 22 caplets each that consisted of pills originally manufactured by Johnson & Johnson Consumer Inc. 23 repackaged in counterfeit pouches and cartons bearing the Tylenol Trademarks. Defendants 24 contend that they were unaware that the packaging was counterfeit, and further contend that they 25 were not the manufacturer of any such repackaged Tylenol® products. 26 27 7. The repackaged Tylenol® Extra Strength 50 pouches of 2 caplets each that Defendants sold were not endorsed or authorized by the J&J Entities. The packaging of the STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION - 3 Case No. 2:23-cv-00331-JLR Davis Wright Tremaine LLP 920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1640 206.622.3150 main · 206.757.7700 fox 1 repackaged Tylenol® Extra Strength 50 pouches of 2 caplets each lacked the J&J Entities' strict 2 safety measures, lacked relevant information regarding the product such as the.correct lot codes 3 and expiration dates, and failed to disclose to consumers that the products have been repackaged 4 by a party that was not the original manufacturer or otherwise affiliated in any way with the J&J 5 Entities. 8. 6 The use of the Tylenol Trademarks on the repackaged Tylenol® Extra Strength 7 50 pouches of 2 caplets each that Defendants sold created the erroneous impression that those 8 repackaged products were authorized and approved by the J&J Entities, even though they were 9 not. 9. Amazon's Business Solutions Agreement, which Defendants entered into with 11 Amazon.com Services LLC in order to sell products in the Amazon Store, prohibits the sale of 12 counterfeit products and the submission to Amazon of inaccurate, false, or misleading 13 information and documents. 14 10. Defendants' sale of the repackaged Tylenol® Extra Strength 50 pouches of 2 15 caplets each, has caused, and unless enjoined by this Court will continue to cause, serious and 16 irreparable injury to Plaintiffs, for which they have no adequate remedy at law. 17 11. The Parties represent that they have read this Consent Judgment and Permanent 18 Injunction, entered into it voluntarily, and have had the opportunity to seek the advice of counsel 19 prior to their consent to this Judgment. 20 NOW, THEREFORE, IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, AS 21 FOLLOWS: 22 12. The Court enters Final Judgment as follows: (i) in favor of the J&J Entities 23 against Defendants for trademark counterfeiting and trademark infringement under 15 U.S.C. 24 § 1114; (ii) in favor of the J&J Entities against Defendants for common law trademark 25 infringement; (iii) in favor of the J&J Entities against Defendants for false designation of origin 26 and false advertising under 15 U.S.C. § l 125(a); (iv) in favor of Amazon against Defendants for 27 false designation of origin and false advertising under 15 U.S.C. § l 125(a); (v) in favor of the STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION - 4 Case No. 2:23-cv-00331-JLR Davis Wright Tremaine LLP 920 Fifth Avenue. Suite 3300 Seattle, WA 98104-1640 206.622.3150 main · 206.757.7700 fax 1 J&J Entities against Defendants for violation of the Washington Consumer Protection Act, RCW 2 19.86.010, et seq.; (vi) in favor of Amazon against Defendants for violation of the Washington 3 Consumer Protection Act, RCW 19.86.010, et seq.; (vii) in favor of the J&J Entities against 4 Defendants for trademark dilution under 15 U.S.C. § 1125(c); and (viii) in favor of Amazon 5 against Defendants for breach of contract. 6 13. Upon the entry of this Judgment, Defendants and their officers, agents, 7 representatives, servants, employees, successors, and assigns, and all others in active concert or 8 participation with Defendants shall be permanently enjoined from: 9 (i) selling products in Amazon's stores; 10 (ii) selling products to Amazon or any affiliate; 11 (iii) opening or attempting to open any Amazon selling accounts; 12 (iv) importing, manufacturing, producing, distributing, circulating, offering to 13 sell, or selling, advertising, promoting, or displaying any product or 14 service using any simulation, reproduction, counterfeit, copy, or colorable 15 imitation of the Tylenol Trademarks, the J&J Entities' or Kenvue, Inc. 's 16 brands or trademarks, or which otherwise infringes or dilutes the J&J 17 Entities' IP, on any platform or in any medium; 18 (v) using any false designation of origin or false description or performing 19 any act which is likely to lead members of the trade or public to believe 20 that any service or product offered, distributed, or sold by Defendants is in 21 any manner associated or connected with Kenvue, Inc. or the J&J Entities, 22 or is sold, manufactured, licensed, sponsored, approved, or authorized by 23 Kenvue, Inc. or the J&J Entities; 24 (vi) importing, manufacturing, producing, distributing, circulating, offer to 25 sell, or selling, advertising, promoting, or displaying any product 26 manufactured, licensed or distributed by either the J&J Entities or Kenvue; 27 or STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION - 5 Case No. 2:23-cv-00331-JLR Davis Wright Tremaine LLP 920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1640 206.622.3150 main · 206.757.7700 fax (vii) 1 assisting, aiding, or abetting any other person or business entity in 2 engaging in or performing any of the activities referred to in 3 subparagraphs (i) through (vi) above; 14. 4 The Court further orders that Plaintiffs recover from Defendants, jointly and 5 severally, the amount of $1,000,000 in damages for trademark infringement and false 6 designation of origin under the Lanham Act under 15 U.S.C. § 1117(a), violation of the 7 Washington Consumer Protection Act, RCW 19.86.010, et seq., and breach of contract, inclusive 8 of all prejudgment interest, attorneys' fees, and costs. 15. 9 1O § 1961 from the date of entry. 16. 11 12 15 16 The Court shall retain exclusive personal and subject matter jurisdiction to enforce the terms of this Judgment and Permanent Injunction. 13 14 The above amounts shall bear interest at the statutory rate prescribed by 28 U.S.C. 17. Each party shall bear its attorneys' fees and costs incurred in connection with this 18. Upon entry of this Judgment and Permanent Injunction, this action is hereby matter. dismissed with prejudice. 17 18 19 IT IS SO ORDERED. 20 21 DATED THIS .1',- la day of ___ L)---'--' e--'-D..- -'----1 --- ' 2024. 22 23 rJ 24 Hon. James Robart UNITED ST TES DISTRICT JUDGE 25 26 27 STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION - 6 Case No. 2:23-cv-00331-JLR Davis Wright Tremaine LLP 920 Fifth Avenue, Suite 3300 Seattle. WA 98104-1640 206.622.3150 main · 206.757.7700 fax 1 Presented by: 2 DAVIS WRIGHT TREMAINE LLP 3 By ls/Scott Commerson Scott Commerson, WSBA, #58085 865 S Figueroa Street, Suite 2400 Los Angeles, CA 90017 Tel: (213) 633-6890 Email: scottcommerson@dwt.com 4 5 6 7 Attorneys for Plaintiffs Amazon.com, Inc. and Amazon.com Services LLC 8 9 10 11 12 13 14 15 16 17 18 BAKER & HOSTETLER LLP By Isl Douglas Anderson Gradv Douglas Anderson Grady, WSBA #36100 Email: dgrady@bakerlaw.com 999 Third Avenue, Suite 3900 Seattle, WA 98104-4040 Tel: 206.332.1380 Robertson D. Beckerlegge (pro hac vice) Email: rbeckerlegge@bakerlaw.com Heather J. McDonald (pro hac vice) Email: hmcdonald@bakerlaw.com 45 Rockefeller Plaza New York, NY 10111-0100 Tel: 212.589.4209 Attorneys for Plaintiffs Johnson & Johnson and Johnson & Johnson Consumer Inc. 19 20 WHEAT LEGAL PLLC 21 By Isl Jeffery Wheat Jeffery Wheat, WSBA 54228 Email: Jeff@wheatlegal.com 1201 Third Ave., Ste. 22-120 Seattle, WA 98101 Tel: 206.262.7381 22 23 24 25 26 Attorneys for Defendants Sumeet Marketing, Inc., OAR Realty Group LLC, Amit Pawa, Raja Singh, and Opkar Singh 27 STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION - 7 Case No. 2:23-cv-00331-JLR Davis Wright Tremaine LLP 920 Fifth Avenue, Suite 3300 Seattle. WA 98104-1640 206.622.3150 main · 206.757.7700 fax 1 CONSENTED TO: 2 Plaintiff Amazon.com, Inc. 3 4 5 By ; Nam . 2W1iight Title: VP and Associate General Counsel 6 Plaintiff Amazon.com Services LLC 7 (,L,vu_s (}J By: Nam 2W1ight Title: VP and Associate General Counsel 8 9 10 11 12 13 14 15 16 17 18 19 , .,- "' Dated: By: Name: Title: Plaintiff Johnson & Johnson Consumer Inc. By: Name·• Title: A 3 s 1 ••, Defendant Amit Pawa By: 21 By: 24 25 Dated: 3/26/2024 Jenni er ca, 11 i er Boston NA Regional counsel Defendant Raja Singh 23 Dated: 3/21/2024 Plaintiff Johnson & Johnson 20 22 Dated: 3/21/2024 Dated: Dated: Defendant Sumeet Marketing, Inc. By: Name: Title: Dated: 26 27 STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION - 8 Case No. 2:23-cv-00331-JLR Davis Wright Tremaine LLP 920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1640 206.622.3150 main • 206. 757. 7700 fax 1 CONSENTED TO: 2 Plaintiff Amazon.com, Inc. 3 By: - - -------- Dated: -------- Name: Charles Wright Title: VP and Associate General Counsel 4 5 6 Plaintiff Amazon.com Seivices LLC 7 By: ----- -------- Dated: ___ Name: Charles Wright Title: VP and Associate General Counsel 8 9 10 _____ Plaintiff Johnson & Johnson Dated: 3/26/2024 11 12 13 14 15 16 17 18 19 Plaintiff Johnson & Johnson Consumer Inc. By: ______________ D ated: _________ Name: Title: Defendant Amit Pawa By: ------------ Dated: - 20 Defendant Raja Singh 21 By: _ 22 23 24 25 ------- ___________ Dated : ____ ___ Defendant Sumeet Marketing, Inc. By: __________ Name: Title: __ Dated: --- ----- 26 27 STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION - 8 Case No. 2:23-cv-00331-JLR Davis Wright Tremaine LLP 920 Fifth Avenue, Suite 3300 Seattle. WA 98104-1640 206.622.3150 main· 206.757.7700 fax 1 CONSENTED TO: 2 Plaintiff Amazon.com, Inc. 3 4 5 By: Name: Charles Wright Title: VP and Associate General Counsel 6 Plaintiff Amazon.com Services LLC 7 By: Name: Charles Wright Title: VP and Associate General Counsel 8 9 10 11 12 13 14 15 16 Dated: By: Name: Title: Plaintiff Johnson & Johnson Consumer Inc. Dated: By: Name: Title: Defendant Amit Pawa 18 By: be Amit Pawa (Mar 26, 2024 20:44 EDT) 20 Defendant Raja Singh 21 By: 22 23 24 25 Dated: Plaintiff Johnson & Johnson 17 19 Dated: rb- 8 h Sjno!J lr-'ar27 ,2z lQ:28 E,Q! Dated: Dated: Defendant Sumeet Marketing, Inc. Singn (Mar 27, 202410:28 EDT) By: Raja,b-Name: Title: Dated: 26 27 STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION - 8 Case No. 2:23-cv-00331-JLR Davis Wright Tremaine LLP 920 Fifth Avenue. Suite 3300 Seattle, WA 98l04-1640 206.622.3150 main · 206.757.7700 fax 1 2 3 Defendant OAR Realty Group LLC A:\Jl.1:: By: Amit Paw a [Mar 26 2024 20:4! EDH Name: Title: Dated: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STIPULATED CONSENT JUDGMENT AND PERMANENT INJUNCTION - 9 Case No. 2:23-cv-00331-JLR Davis Wright Tremaine LLP 920 Fifth Avenue, Suite 3300 Seattle, WA 98104-1640 206.622.3150 main· 206.757.7700 fax
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