North Atlantic Operating Company Inc., National Tobacco Company LLP v. Desertstar Wholesale aka Desert Star Wholesale; Simple Pay Point Inc.; Ali Hasan Alsaqqa; Mustafa Abdel Zeidan; Country Cash N Carry aka A1 Cash & Carry fka Courtesy Wholesale; Ramzi Saba and John Does 1 through 99 inclusive
Published: Sep. 5, 2015 | Result Date: Aug. 3, 2015 | Filing Date: Jan. 1, 1900 |Case number: 5:14-cv-01288-VAP-DTB Bench Decision – Permanent Injunction
Facts
North Atlantic Operating Co. Inc. and National Tobacco Company LLP sued Desertstar Wholesale aka Desert Star Wholesale, Simple Pay Point Inc., Ali Alsaqqa, Mustafa Zeidan, Country Cash N Carry aka A1 Cash & Carry fka Courtesy Wholesale, and Ramzi Saba in connection with allegedly counterfeit cigarette paper products.
Defendants Desertstar and Simple pay filed a third party complaint against Saba, individually and dba Country Cash N Carry. Saba, in turn, sued J&L D Sunset Wholesale and Jeries Dababneh.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs accused defendants of manufacturing and/or distributing plaintiff's Zig-Zag brand Cigarette Paper Products. Plaintiffs asserted claims for trademark infringement, false designation of origin and trademark and trade dress infringement, copyright infringement, unfair competition under California Business and Professions Code, and unfair competition and unjust enrichment under California law.
DEFENDANTS' CONTENTIONS:
Defendants denied the allegations and asserted various affirmative defenses.
Result
North Atlantic and defendants Desertstar, Alsaqqa, Zeidan, Saba, and Country Cash N Carry ultimately entered into a joint stipulation for entry of permanent injunction, permanently enjoining defendants from, among other things, directly or indirectly infringing on North Atlantic's trademarks, copyright, and selling or otherwise making available counterfeit or infringing Zig-Zag brand products.
Other Information
FILING DATE: June 24, 2014.
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