Apple, Inc. vs. Mobile Star, LLC

Case 3:16-cv-06001-WHO Document 1 Filed 10/17/16 Page 1 of 19
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THOMAS H. ZELLERBACH (State Bar No. 154557)

tzellerbach@orrick.com
DIANA RUTOWSKI (State Bar No. 233878)
drutowski@orrick.com
CATHY SHYONG (State Bar No. 288537)
cshyong@orrick.com
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, CA 94025-1015
Telephone:
+1 650 614 7400
Facsimile:
+1 650 614 7401
NATHAN SHAFFER (State Bar No. 282015)
nshaffer@orrick.com
ORRICK, HERRINGTON & SUTLIFFE LLP
405 Howard Street
San Francisco, CA 94105-2669
Telephone:
+1 415 773 5700
Facsimile:
+1 415 773 5759
Attorneys for Plaintiff
Apple Inc.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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Apple Inc.,
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Case No. 3:16-cv-06001

Plaintiff,
COMPLAINT FOR DAMAGES AND

EQUITABLE RELIEF
v.
DEMAND FOR JURY TRIAL
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Mobile Star LLC, a New York Limited

Liability Company, and Does 1-50,
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Defendants.
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SILICON VALLEY
1.
Apple brings this action to protect its customers from dangerous counterfeit power
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products such as power adapters and charging cables that Amazon.com LLC (Amazon.com)
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sourced from Defendant Mobile Star LLC (Mobile Star) and sold through its internet-based
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e-commerce platform located at www.amazon.com. Mobile Star also supplied Groupon,
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Inc./Groupon Goods, Inc. (Groupon) with dangerous counterfeit Apple power products that
ORRICK, HERRINGTON &

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ATTORNEYS AT LAW
INTRODUCTION

EQUITABLE RELIEF
CASE NO. 3:16-cv-06001
Groupon then sold to consumers through Groupons e-commerce platform. Counterfeit power
products, such as those supplied by Mobile Star, pose an immediate threat to consumer safety
because, unlike genuine Apple products, they are not subjected to industry-standard consumer
safety testing and are poorly constructed with inferior or missing components, flawed design, and
inadequate electrical insulation. These counterfeits have the potential to overheat, catch fire, and
deliver a deadly electric shock to consumers while in normal use. A white paper recently
published by the consumer product safety and testing organization UL (formerly Underwriters
Laboratories) reported that counterfeit Apple charging products often lack the safety features
necessary to protects users from shock and fire hazards, and UL tested twelve counterfeit Apple
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power adapters that were so poorly designed and constructed that they posed a risk of lethal
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electrocution to the user.1 The safety of Apples customers is of paramount importance to
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Apple, and Apple devotes significant resources to ensuring its power products meet industry
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safety standards and are subjected to rigorous testing for safety and reliability. Apple brings this
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suit to stop Mobile Star from any further distribution of counterfeit Apple products to the public.
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2.
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including, among others, APPLE, the Apple Logo
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MACBOOK AIR, MAGSAFE, and LIGHTNING exclusively with Apple and Apples
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products and services. When consumers encounter these marks and decide to purchase goods and
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services identified by these marks, they expect to receive genuine Apple products that have been
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produced by Apple.
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, IPHONE, IPAD, MACBOOK,
Apple recently purchased a number of Apple power adapters and charging and
syncing cables (collectively power products) that were directly sold by Amazon.com not a
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third party seller and determined that they were counterfeit. Amazon.com informed Apple that
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Mobile Star was its source for the majority of these counterfeit Apple products. Amazon.com
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turned over to Apple additional inventory of Apple power products that Amazon.com had
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purchased from Mobile Star, and Apple determined that the vast majority of these products were
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3.
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ATTORNEYS AT LAW
Apples customers associate Apples famous and well-known trademarks,
UL, Counterfeit iPhone Adapters, September 16, 2016, http://library.ul.com/wpcontent/uploads/sites/40/2016/09/10314-CounterfeitiPhone-WP-HighRes_FINAL.pdf.

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counterfeit as well.
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In June 2016, Fortune Magazine announced that Amazon.com is the most
influential and most trustworthy company amongst U.S. adults.2 For three years in a row,
2014-2016, Amazon.com has been ranked as the most reputable American company by the
Reputation Institute, as reported by Forbes Magazine.3
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Apple purchased the power products identified above (ASIN B012YEWP2K)
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Amazon.com Standard Identification Number (ASIN) B012YEWP2K
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from Amazon.com and determined that they were counterfeit. Apple was informed by
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Amazon.com, and upon that basis is informed and believes, that Mobile Star was the source of
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those particular counterfeit power products purchased by Apple.
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Consumers, relying on Amazon.coms reputation, have no reason to suspect the
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power products they purchased from Amazon.com are anything but genuine. This is particularly
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true where, as here, the products are sold directly by Amazon.com as genuine Apple products
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using Apples own product marketing images. Consumers are likewise unaware that the
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counterfeit Apple products that Amazon.com sourced from Mobile Star have not been safety
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certified or properly constructed, lack adequate insulation and/or have inadequate spacing
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between low voltage and high voltage circuits, and pose a significant risk of overheating, fire, and
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electrical shock. Indeed, consumer reviews of counterfeit Apple power adapters purchased from
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http://fortune.com/2016/06/07/fortune-500-amazon-survey-monkey-poll/
http://www.forbes.com/sites/karstenstrauss/2016/03/29/americas-most-reputable-companies2016-amazon-tops-the-list/#4ad632881c58
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Amazon.com and from the above ASIN report that the counterfeit products overheat, smolder,
and in some cases catch fire:
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Product Review from ASIN B012YEWP2K
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Consistent with consumers experiences with and comments about counterfeit
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power products, the counterfeit Apple power products that Amazon.com sourced from Mobile
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Star pose a danger to consumer safety. Among other things, they lack adequate insulation and/or
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have inadequate spacing between low voltage and high voltage circuits, creating risks of
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overheating, fire, and electrical shock.
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8.
Apple makes great efforts to combat the distribution and sale of counterfeit Apple
products bearing its trademarks. Despite Apples efforts, fake Apple products continue to flood
Amazon.com. Each month, Apple identifies and reports many thousands of listings for
counterfeit and infringing Apple products to Amazon.com under its notice and takedown
procedures. Over the last nine months, Apple, as part of its ongoing brand protection efforts, has
purchased well over 100 iPhone devices, Apple power products, and Lightning cables sold as
genuine by sellers on Amazon.com and delivered through Amazons Fulfillment by Amazon
program. Apples internal examination and testing for these products revealed almost 90% of
these products are counterfeit. Apple is concerned that consumers are being deceived into
purchasing counterfeit products on Amazon.com and elsewhere in the mistaken belief that they
are purchasing genuine Apple products. In addition to Apples significant safety concerns for its
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consumers, these products, which are consistently poorly constructed, are unlikely to function as
well as genuine Apple products. As a result, consumers will erroneously come to think that
Apples products are of inferior quality and lose trust in the Apple brand, damaging the enormous
goodwill associated with the Apple trademarks.
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To stop the ongoing injury to Apple and its reputation and to protect consumers of
Apple products, Apple brings this action against Mobile Star and Does 1-50 (each a Doe
Defendant and collectively Doe Defendants) (Defendant and Doe Defendants collectively
Defendants), and alleges as follows:
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I.
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JURISDICTION AND VENUE
This is a Complaint for a preliminary and permanent injunction, damages, and
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other appropriate relief to stop Defendants from infringing Apples trademarks and copyrights by
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advertising and selling counterfeit products bearing Apples trademarks and copyrighted artwork,
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and from representing that these counterfeit products are genuine Apple products. In this action,
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Apple alleges: (1) Counterfeiting and Trademark Infringement (15 U.S.C. 1114); (2) False
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Designation of Origin, 15 U.S.C. 1125(a)(1)(A); (3) Copyright Infringement, 17 U.S.C. 501 et
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seq.; and (4) Unfair Competition, Cal. Bus. & Prof. Code 17200 et seq. and the common law of
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the State of California.
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This Court has subject matter jurisdiction over Apples claims pursuant to 15
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U.S.C. 1121, and 28 U.S.C. 1331 (Federal Question Jurisdiction), 1367 (Supplemental
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Jurisdiction), 1338(a)-(b) (Trademark, Copyright, and Unfair Competition Jurisdiction).
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This Court has personal jurisdiction over Defendants, who have engaged in
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business activities in this district, directed business activities to this district, and have committed
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tortious acts with knowledge that the effects of their acts would be felt by Apple in this district.
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13.
Venue is proper in this Court because Defendants may be found within this
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judicial district as that term is used in 28 U.S.C. 1400(a). Venue is also proper in this Court
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pursuant to 28 U.S.C. 1391 because a substantial part of the events or omissions giving rise to
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Apples claims occurred in this judicial district.
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II.
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located at 1 Infinite Loop, Cupertino, CA 95014.

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On information and belief, Mobile Star is a New York Limited Liability Company
with a principal place of business in New Jersey located at 250 Liberty St, Metuchen, NJ 08840.
Mobile Star advertises, distributes, offers for sale, and sells counterfeit products and packaging
bearing registered Apple trademarks and trade dress throughout the United States and, on
information and belief, reproduces, displays, and distributes unauthorized copies of copyrighted
works of Apple.
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Apple is unaware of the true names and capacities of the Defendants sued herein
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as Does 1 through 50 but alleges on information and belief that each of them is in some way
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legally responsible for the wrongs alleged herein. Apple will amend this Complaint to plead their
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true names and capacities when ascertained.
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Apple is informed and believes, and thereupon alleges, that each of the Defendants
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is, and at all times mentioned herein was, the agent of each of the other Defendants in that all
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times herein mentioned, each of the Defendants was authorized and empowered by each of the
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other Defendants to act, and did act, as the principal or agent of each of the other Defendants.
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Apple further alleges that each and every allegation regarding Defendants contained herein was
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done by each Defendant in the scope of said agency and in the capacity of and as principal or
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agent for, each of the other Defendants and with the permission and consent of each Defendant.
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III.
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APPLES BUSINESS AND INTELLECTUAL PROPERTY
Apples Business. Incorporated in California in 1977, Apple designs,
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manufactures, markets, distributes, makes available, and sells or licenses a wide range of mobile
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communication and media devices, personal computers, and portable digital music players, as
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well as sells or licenses a variety of related software, services, peripherals, and network solutions,
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and third party digital content and applications. Among Apples many product offerings are the
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iconic iPod, iPhone, iPad, MacBook, and Apple Watch, as well as related software and
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services. Apple also offers a range of accessories for charging and syncing its devices, including

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Plaintiff Apple is a California corporation with its principal place of business
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THE PARTIES
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Apple and MagSafe power adapters and Lightning cables (collectively, the Apple Products).
Apple sells Apple Products worldwide through its extensive distribution network consisting of
online stores, its brick and mortar retail stores, its direct sales force, cellular network carriers, and
authorized third-party wholesalers, retailers, and value-added resellers. Relevant consumers
associate the Apple Products with Apple through the use of Apples well-known trademarks on
such products, the products unique designs, Apples recognized distribution network, and
Apples distinguished service-oriented shopping experience that it provides for those interested in
purchasing Apples products.
Industry publications and market-research firms have consistently recognized the fame, value and
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source-identifying power of Apples brand. The Top 100 Global Brands published by BrandZ,
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the worlds largest brand asset research database, ranked Apples brand No. 1 on the list in 2011,
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2012, 2013, and 2015 and No. 2 in 2014 and 2016. Interbrand, a leading brand assessment
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company, has ranked Apple within the top 50 most valuable brands in the world each year since
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2001 and as the most valuable brand each year since 2013. In 2016, the most recent report,
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Interbrand ranked Apple as the most valuable brand, with a value of more than $175 billion
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dollars. Apple has also been recognized as one of the most respected, admired, and innovative
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companies in the world. For instance, Fortune magazine ranked Apple as the Worlds Most
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Admired Company every year from 2006 to 2016. Forbes, which publishes an annual study of
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the worlds most valuable brands, has ranked Apple first for the sixth consecutive year since
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Forbes began its study in 2010.

20.
Apples registered trademarks. Apple owns registrations for a number of
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trademarks that it uses to identify its products and services in the marketplace. Among the
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trademarks owned by Apple are numerous registered trademarks listed below in paragraph 21 of
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this Complaint (collectively the Apple Marks), including well-known marks such as the APPLE
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word mark and the registered Apple Logo, both in use since at least 1977. The APPLE word
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mark and Apple Logo are two of the most famous and widely recognized marks in the world.
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They are an integral part of Apples corporate business and are of enormous value to the

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Apple has become one of the most well-known and valuable brands in the world.
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company. Other widely recognized Apple marks include IPHONE, MACBOOK, MACBOOK
AIR, MAGSAFE, and LIGHTNING. Apple has spent hundreds of millions of dollars promoting
the goods and services associated with the Apple Marks, and millions of Apples customers use
goods and services associated with those marks.
21.
Apple owns the following United States Registered Trademarks used in
connection with power adapters and accessories for various Apple products, which as listed
below reflect any updates made through statutory maintenance filings:
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Reg. No.
Reg. Date
3,679,056
9/8/2009
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Mark
Goods and Services

Computers; computer hardware; computer
peripherals; handheld computers; handheld
mobile digital electronic devices for recording,
organizing, transmitting, manipulating, and
reviewing text, data, image, audio, and
audiovisual files, for the sending and receiving
of telephone calls, electronic mail, and other
digital data, for use as a digital format audio
player, handheld computer, personal digital
assistant, electronic organizer, electronic
notepad, camera, and global positioning system
(GPS) electronic navigation device; digital audio
and video recorders and players; personal digital
assistants; electronic organizers; cameras;
telephones; mobile phones; satellite navigational
systems, namely, global positioning systems
(GPS); electronic navigational devices, namely,
global positioning satellite (GPS) based
navigation receivers; computer game machines
for use with external display screens, monitors,
or televisions; a full line of accessories and parts
for the aforementioned goods; stands, covers,
cases, holsters, power adaptors, and wired and
wireless remote controls for the aforementioned
goods; computer memory hardware; computer
disc drives; optical disc drives; computer
networking hardware; computer monitors; flat
panel display monitors; computer keyboards;
computer cables; modems; computer mice;
electronic docking stations; set top boxes;
batteries; battery chargers; electrical connectors,
wires, cables, and adaptors; devices for handsfree use; headphones; earphones; ear buds; audio
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Reg. No.
Reg. Date
Mark
3,229,791
4/17/2007
MAGSAFE
4,891,107
1/26/2016
EARPODS
3,870,782
11/2/2010
IPHONE
3,669,402
8/18/2009
iPhone
3,928,818
3/8/2011
APPLE
4,537,934
5/27/2014
IPAD
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Goods and Services

speakers; microphones; and headsets; a full line
of computer software for business, home,
education, and developer use; user manuals for
use with, and sold as a unit with, the
aforementioned goods. downloadable audio and
video files, movies, ring tones, video games,
television programs, pod casts and audio books
via the internet and wireless devices featuring
music, movies, videos, television, celebrities,
sports, news, history, science, politics, comedy,
children's entertainment, animation, culture,
current events and topics of general interest. See
Ex. A.
Power adapters for computers. See Ex. B.
Headphones; microphones; remote control for
controlling audio and video players and mobile
phones; sound reproducing apparatus. See
Ex. C.
Full line of parts for mobile telephones; mobile
phone accessories, namely, mobile telephone
covers, mobile telephone cases, batteries,
rechargeable batteries, battery chargers, chargers
for electric batteries, headphones, stereo
headphones, in-ear headphones, stereo speakers,
audio speakers for home, personal stereo speaker
apparatus, microphones, car audio adapters,
headsets, remote controls, connection cables,
power adapters, docking stations, and adapter
plugs. See Ex. D.
Handheld mobile digital electronic devices for
the sending and receiving of telephone calls,
electronic mail, and other digital data, for use as
a digital format audio player, and for use as a
handheld computer, personal digital assistant,
electronic organizer, electronic notepad, and
camera. See Ex. E.
Includes: batteries; rechargeable batteries,
battery chargers, battery packs; power adapters
for computers; electrical connectors, wires,
cables, and adaptors. . .mobile telephone
batteries, mobile telephone battery chargers. . . .
See Ex. F for complete list, which is incorporated
herein.
Computer components and accessories; blank
computer storage media; computer software and
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Reg. No.
Reg. Date
Mark
3,222,089
3/27/2007
MACBOOK
3,522,328
10/21/2008
MACBOOK
AIR
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4,726,001
4/28/2015
LIGHTNING
Goods and Services

firmware; pre-recorded computer programs for
personal information management; database
management software, character recognition
software, telephony management software,
electronic mail and messaging software, mobile
telephone software for the sending and receiving
of telephone calls; database synchronization
software, computer programs for accessing,
browsing and searching online databases,
computer hardware and software for providing
integrated telephone communication with
computerized global information networks;
telephones; handheld and mobile digital
electronic devices for the sending and receiving
of telephone calls and faxes; parts and
accessories for mobile telephones; cameras,
video cameras; telephone-based information
retrieval software and hardware; computer
software for the redirection of messages, Internet
e-mail, and/or other data to one or more
electronic handheld devices from a data store on
or associated with a personal computer or a
server; computer software for the
synchronization of data between a remote station
or device and a fixed or remote station or device;
computer game and electronic game programs;
mouse pads; batteries; battery chargers;
headphones; audio speakers; microphones;
digital music and/or video players; radios; audio,
video, and digital sound mixers; bags and cases
adapted or shaped to contain hand held
computers and tablet computers; all of the
aforesaid excluding integrated circuits and
software for integrated circuits. See Ex. G
Computers, notebook computers, computer
hardware, computer operating system software.
See Ex. H.
Computers, notebook computers, computer
hardware, computer operating system software,
computer peripherals. See Ex. I.
Electrical and electronic connectors, cables,
chargers, and adapters for use with computers,
digital format audio players, digital audio
recorders, digital video recorders and players,
telephones, computer peripheral devices, and
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Reg. No.
Reg. Date
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Goods and Services

handheld mobile digital electronic devices
capable of providing access to the Internet and
for the sending, receiving, and storing of
telephone calls, faxes, electronic mail, and other
digital data. See Ex. J.
Adapters for use with computers, computer
peripherals, consumer electronics, portable and
handheld digital electronic devices, digital media
players, handheld computers, tablet computers,
mobile phones, electronic book readers,
electronic personal organizer, personal digital
(Color Scheme)
assistant, electronic calendar, and global
positioning system (GPS) devices. See Ex. K.
Computers; computer hardware; computer
monitors; computer peripheral devices; handheld
digital electronic devices for Internet access, for
use as a handheld computer, digital format audio
and video player, personal digital assistant,
electronic organizer, electronic notepad,
electronic book reader, global positioning system
(GPS) device, and camera, and for sending,
receiving, and storing telephone calls and/or
electronic mail and other digital data; digital
format audio and video players; computer
operating system software; wireless
communication devices for voice, data, image,
DESIGNED BY and multimedia transmission; computer
APPLE IN
hardware for communication between multiple
CALIFORNIA computers and between computers and local and
global computer networks; set top boxes;
computer hardware for the reproduction,
processing, playing and streaming of audio,
video, images, and multimedia content, for
controlling the operation of multimedia devices,
and for viewing, searching, storing, and playing
audio, video, images, and multimedia content;
computer keyboards; computer mice; remote
controls, electronic connectors, cables, chargers,
docks, and adapters for use with computer and
handheld digital electronic devices; cases for
computers; batteries; battery chargers;
headphones. See Ex. L.
4,726,738
4/28/2015
4,604,456
7/1/2014
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Each of the above-listed registrations is valid and subsisting and was valid and subsisting at the
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time of all acts alleged herein. Apple has and had the exclusive right to use and license the
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trademarks identified in each of the registrations. Registration Nos. 3,679,056, 3,229,791,
3,870,782, 3,669,402, 3,222,089, and 3,522,328 are incontestable under 15 U.S.C. 1065.
22.
Each of the Apple Marks identified by registration number above is a distinctive
mark that is recognized by consumers as a brand identifier for Apples goods and services
provided under the mark.
23.
The Apple Marks, as well as other trademarks owned by Apple, are used in
interstate commerce by Apple in connection with the sale, offering for sale, distribution, and
advertising of Apples products and services. As a result of Apples enormous investment in
developing ground-breaking and high-quality products under the Apple Marks, the Apple Marks
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have acquired extensive goodwill in the market. The Apple Marks are extremely valuable and
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important to Apple and form a cornerstone for Apples business.
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24.
Apples registered Copyrights. Apple regularly creates graphic and textual
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works that are protected by registered copyrights. For example, images and text on some product
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packaging such as Apples Lightning Packaging are protected by registered copyright.
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IV.
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DEFENDANTS UNLAWFUL ACTIONS
Defendants course of illegal conduct includes the distribution and sale of
counterfeit Apple products that Defendants falsely represent are genuine Apple products. As part
of their scheme to deceive consumers, Defendants also use Apples trademarks, trade dress, and
copyrighted works to create the impression that Defendants inferior and often dangerous
products are original Apple products.
26.
Apples Investigation. Through Apples ongoing efforts to remove counterfeit
goods from listings on Amazon.com, Apple purchased from Amazon.com Apple-branded

products associated with 12 Amazon.com Standard Identification Numbers (ASINs):
B015JWKU2G, B010W7NQL0, B00UBL277C, B00KPZEUC4, B00KML141G,
B00O5DXXAM, B0097BEFYA, B00VGKN2N0, B0161AB6IW, B012YEWP2K,
B0117PL9RY, and B013EUO616.
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Each of the 12 offers was for an Apple power product such as an Apple 5W or
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10W power adapter, cable, or combination of two or more such products. The products were
listed as sold by Amazon.com and were identified in the Amazon.com listings as genuine
Apple products, often using Apples copyrighted marketing images. Upon careful examination of
the products, Apple determined that, although the products bore the Apple Marks and were
sometimes in packaging bearing Apples copyrighted works, the products were not genuine Apple
products at all but were counterfeit.
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Sold by Amazon.com on ASIN B00KPZEUC4 and sourced from Mobile Star
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Apple informed Amazon.com that it had purchased a number of counterfeit Apple
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products directly from Amazon.com associated with the 12 different ASINs in correspondence
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that took place from April 2016 through June 2016. Amazon.com identified Mobile Star as the
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supplier of the products purchased by Apple and agreed to turn over to Apple its additional
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inventory of those particular products it had purchased from Mobile Star. In letters dated June 7,
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2016 and June 14, 2016, Apple demanded Mobile Star cease distribution of counterfeit Apple

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products and to provide basic information about the distribution and source of the counterfeit
products. After first failing even to respond to Apple, Mobile Star finally claimed it had bought
the goods from reputable suppliers but refused to provide any information about those suppliers
or about anything else concerning Mobile Stars sale of the counterfeit products.
goodwill accrued by Apple in the Apple Marks. Defendants imprint the Apple Logo (
counterfeit goods and make false claims that the goods were DESIGNED BY APPLE IN
CALIFORNIA in order to falsely convey that their counterfeit goods are instead genuine Apple,
Lightning cables and MagSafe and USB power adapters. Defendants also use Apples distinctive
10
packaging and trade dress, including Apples copyrighted material, for certain of their counterfeit
11
products in order to further conceal the counterfeit nature of their goods. Fake Apple serial
12
numbers are also applied.

30.
) on their
Apple tested a number of the Mobile Star -supplied power adapters it had
14
purchased and each one failed the Hipot Test (high potential (high voltage) test), also known as
15
the Dielectric Withstanding Voltage test, confirming that the products lack sufficient insulation
16
and/or spacing between the high voltage and low voltage component and have the potential to
17
overheat or deliver a lethal electric shock to a user of the device. Visual inspection of counterfeit
18
adapters that Apple disassembled showed the counterfeits have improper soldering of internal
19
wiring and some even lack critical safety fuses to protect against overheating in the event of a
20
power surge. To conceal the dangers that these Mobile Star products pose to consumers, many
21
also bear a phony UL safety certification.
22
31.
Mobile Stars distribution of counterfeit Apple products is ongoing and extends
23
beyond Amazon.com as shown by Apples purchase of 10 counterfeit Apple products directly
24
from Groupon in December 2015. The counterfeit Apple products were sold as product bundles
25
associated with Groupon UPC/SKU numbers 885909627306 and 885909627450. Groupon
26
recently identified Mobile Star as the supplier of those counterfeit products.
27
28
SUTCLIFFE LLP
SILICON VALLEY
Defendants go to great lengths to associate their counterfeit goods with the
13
ATTORNEYS AT LAW
29.
32.
In addition, an Apple investigator recently purchased counterfeit Apple EarPods
headphones and Lightning cables directly from Mobile Star, showing that Mobile Star is
- 14 -

EQUITABLE RELIEF
CASE NO. 3:16-cv-06001
brazenly continuing to sell counterfeit Apple products even after learning that Apple was on to it.
33.
Sales of counterfeit Apple products hurt the sales of genuine Apple products. In addition, the
goodwill associated with Apples marks and also Apples reputation are damaged as consumers
likely equate Defendants defective and dangerous products with Apple because they believe
incorrectly the counterfeit products are genuine Apple products.
34.
permitted to continue. Consumers who believe they purchased a world-class product designed
consistent with Apples commitment to quality and safety instead face potentially grave safety
10
risks associated with Defendants counterfeit power products. At the least, consumers will spend
11
hard-earned money on Defendants inferior counterfeit goods under the false belief they are
12
purchasing a genuine Apple product.

FIRST CLAIM FOR RELIEF
(Trademark Counterfeiting and Infringement Under 32(l) of the Lanham Act)
14
15
16
35.
18
19
Apple hereby realleges and incorporates herein the allegations set forth in
paragraphs 1-34 of this Complaint.
17
36.
The Apple Marks were in use by Apple at all times relevant to the allegations
37.
Defendants used in commerce reproductions, counterfeits, and/or copies of the
herein.
20
Apple Marks in connection with the sale, offering for sale, distribution, or advertising of goods in
21
a manner that is likely to cause confusion, or to cause mistake, or to deceive. The copies of the
22
Apple Marks used by Defendants are identical to or substantially indistinguishable from the
23
genuine Apple Marks.
24
38.
Defendants applied without authorization counterfeit and/or copied versions of the
25
Apple Marks to labels, wrappers, and products intended to be used in commerce and in
26
connection with the sale, offering for sale, distribution, and/or advertising of goods or services in
27
a manner that is likely to cause confusion, or to cause mistake, and/or to deceive. Defendants
28
applied counterfeit versions of the Apple Marks to the classes of products that the Apple Marks

SUTCLIFFE LLP
SILICON VALLEY
The public interest will also be harmed if Defendants unlawful conduct is
13
ATTORNEYS AT LAW
As a result of Defendants unlawful conduct, Apples business has been harmed.
- 15 -

EQUITABLE RELIEF
CASE NO. 3:16-cv-06001
1
2
3
4
are registered for use with the U.S. Patent & Trademark Office.
39.
Defendants acted with knowledge that their use of the Apple Marks was intended
to cause confusion, or to cause mistake, or to deceive.

40.
Apple has suffered damages and irreparable harm as a result of Defendants
counterfeiting and infringement and will continue to suffer irreparable injury unless Defendants
and their officers, agents, and employees and all persons acting in concert with them, are enjoined
from engaging in any further such acts in violation of 32(l) of the Lanham Act, 15 U.S.C.
1114(1).
SECOND CLAIM FOR RELIEF

(False Designation of Origin under 43(a)(1)(A) of the Lanham Act)
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
41.

42.
Defendants are using in commerce the Apple Marks in connection with the
distribution, marketing, and sale of competing products in a manner that is likely to cause
confusion, or mistake, or to deceive as to the origin, sponsorship, or approval of Defendants
goods or commercial activities by Apple.
43.
The acts of Defendants constitute trademark infringement and false designation of
origin in violation of Apples rights under section 43(a) of the Lanham Act, 15 U.S.C. 1125(a).
44.
Defendants acted willfully and knowingly in engaging in their acts of
infringement.
45.
Apple has suffered damages and irreparable harm as a result of Defendants false
designation of origin and will continue to suffer irreparable injury unless Defendants and their
officers, agents, and employees and all persons acting in concert with them, are enjoined from
engaging in any further such acts in violation of section 43(a)(1)(A) of the Lanham Act, 15
U.S.C. 1125(a)(1)(A).
THIRD CLAIM FOR RELIEF
(Copyright Infringement under 17 U.S.C. 501 et seq.)
26
27
46.
28
SUTCLIFFE LLP
ATTORNEYS AT LAW
SILICON VALLEY
- 16 -

EQUITABLE RELIEF
CASE NO. 3:16-cv-06001
1
2
3

47.
Apple has created works comprising images and/or text that constitute
copyrightable subject matter under the Copyright Act (the Works).
48.
Apple is the exclusive owner of all rights to the Works.
49.
Apple has registered with the United States Copyright Office various copyrights
for the Works. One of the Works comprises text and graphics and is titled Lightning
Packaging. Apple registered the copyright for the Lightning Packaging work, which bears
Copyright Registration No. VA0001871759. A copy of this registration is attached as Exhibit M.
50.
Defendants from time to time have copied Apples copyrighted Lightning
10
Packaging without authorization and from time to time have used and without authorization
11
distributed those unauthorized copies as the packaging for their counterfeit Apple products.
12
13
14
15
16
17
18
51.
Defendants reproduction and distribution of Apples copyrighted Lightning
Packaging has been and continues to be knowing and willful.

52.
Defendants reproduction and distribution of Apples copyrighted Lightning
Packaging violates Apples exclusive rights under 17 U.S.C. 106.

53.
Defendants have realized and will continue to realize unjust profits, gains, and
advantages as a proximate result of their infringement.

54.
Apple has suffered damages and irreparable harm as a result of Defendants
19
copyright infringement and will continue to suffer irreparable injury unless Defendants and their
20
officers, agents, and employees and all persons acting in concert with them, are enjoined from
21
engaging in any further such acts in violation of 17 U.S.C. 501 et seq.
22
23
24
25
26
27
28
SUTCLIFFE LLP
ATTORNEYS AT LAW
SILICON VALLEY
FOURTH CLAIM FOR RELIEF

(Unfair Competition under Cal. Bus. & Prof. Code 17200, et seq. and Cal. Common Law)
55.

56.
The acts described above constitute unfair competition in violation of Cal. Bus. &
Prof. Code 17200 et seq. and the common law of the State of California.
- 17 -

EQUITABLE RELIEF
CASE NO. 3:16-cv-06001
57.
Apple has suffered damages and irreparable harm as a result of Defendants unfair
competition and will continue to suffer irreparable injury unless Defendants and their officers,
agents, and employees and all persons acting in concert with them, are enjoined from engaging in
any further such acts in violation of Cal. Bus. & Prof. Code 17200 et seq. and the common law
of the State of California.
6
7
8
9
10
V.
58.
1.
That the Court issue temporary and permanent injunctive relief against
11
Defendants, and that Defendants, their officers, agents, representatives, servants, employees,
12
attorneys, successors, and assignees, and all others in active concert or participation with
13
Defendants, be enjoined and restrained from:
14
a. infringing Apples trademarks;
15
b. infringing Apples copyrights;
16
c. using Apples trade names, trademarks, or any version thereof, in
17
connection with the description marketing, promotion, advertising, or sale
18
of products or services not approved in writing by Apple;

d. assisting, aiding, or abetting any other person or business entity in
20
engaging in or performing any of the activities referred to in subparagraphs
21
a. through c.
22
2.
That the Court order the forfeiture and destruction of all counterfeit products
23
bearing the Apple Marks or intended for use with genuine Apple products in Defendants
24
possession;
25
3.
That the Court award Apple all damages caused by Defendants unlawful actions;
26
4.
That the Court award Apple treble damages as provided by law;
27
5.
That the Court award Apple all gains, profits, and advantages derived by
28
SUTCLIFFE LLP
SILICON VALLEY
WHEREFORE, Apple respectfully requests that the Court enter judgment against
Defendants as follows:
19
ATTORNEYS AT LAW
PRAYER FOR RELIEF
Defendants from their unlawful acts;

- 18 -

EQUITABLE RELIEF
CASE NO. 3:16-cv-06001
1
2
3
4
5
6
6.
That the Court award Apple treble the gains, profits, and advantages derived by
Defendants from their unlawful acts;

7.
That the Court award Apple statutory damages of up to $150,000, for each
registered copyright Defendants infringed;

8.
That the Court award statutory damages of up to $2,000,000 per counterfeit mark
per type of goods sold by defendants;
9.
That the Court enter an award of all just and appropriate restitution;
10.
That the Court enter an award of punitive damages as provided by law;
11.
That the Court award Apple its attorneys fees and all other costs associated with
10
11
12
this action; and

12.
That the Court grant Apple all other relief to which it is entitled and such other or
additional relief as is just and proper.
13
14
15
DEMAND FOR JURY TRIAL

Plaintiff Apple hereby demands a trial by jury in this action.
16
17
Dated: October 17, 2016
ORRICK, HERRINGTON & SUTCLIFFE LLP
18
19
By:
20
21
22
/s/ Thomas H. Zellerbach

THOMAS H. ZELLERBACH
DIANA RUTOWSKI
NATHAN SHAFFER
CATHY SHYONG
Attorneys for Plaintiff
Apple Inc.
23
24
25
26
27
28
SUTCLIFFE LLP
ATTORNEYS AT LAW
SILICON VALLEY
- 19 -

EQUITABLE RELIEF
CASE NO. 3:16-cv-06001
Case 3:16-cv-06001-WHO Document 1-1 Filed 10/17/16 Page 1 of 5
EXHIBIT A
C E R T IF IC A T E O F R E G IS T R A T IO N
P R IN C IP A L R E G IS T E R
The M ark shown in this certificate has been registered in the U nited States
Patentand Tradem ark O ffice to the nam ed registrant.
The records ofthe U nited States Patent and Tradem ark O ffice show that
an application for registration ofthe M ark shown in this C ertificate wasfiled in the
O ffice; that the application was exam ined and determ ined to be in com pliance with
the requirem ents ofthe law and with the regulations prescribed by the D irector ofthe
U nited States Patent and Tradem ark O ffice; and that the Applicant is entitled to
registration ofthe M ark under the Tradem ark Actof1946, as Am ended.
A copy ofthe M ark and pertinent data from the application are part of
this certificate.
To avoid C AN C ELLATIO N o f the registration, the ow ner o f the

registration m ust subm it a declaration o f continueil use or excusable non-use
behveen the fifth and sixth years after the registration date. (See nextpage for m ore
inform ation.) Assum ing such a declaration is properly filed, the registration w ill
rem ain in force for ten (10) years, unless term inated by an order ofthe C om m issioner
for Tradem arks or a federal court. (See nextpage for inform ation on m aintenance
requirem entsfor successive ten-yearperiods.)
R E Q U IR E M E N T S T O M A IN T A IN Y O U R F E D E R A L
T R A D E M A R K R E G IS T R A T IO N
R equirem ents in the F irstT en Y ears*
W hat and W hen to F ile:
FirstFiling: A D eclaration o f C ontinued U se (or E xcusable N on-use), filed betw een the
5th and 6th years after the registration date. (See 15 U S .C . 1058; 37 C .F.R . 2.161.)
..Second Filing: A D eclaration ofC ontinued U se (or E xcusable N on-use) and an
A pplication for R enew al, filed betw een the 9th and 10th years after the registration date.
(See 15 U S .c. 1058 and l059; 37 C .F.R . 2.161 and 2.183.)
R equirem ents in Successive T en-Y ear Periods*
W hat and W hen to F ile:
..A D eclaration ofC ontinued U se (or E xcusable N on-use) and an A pplication for
R enew al, filed betw een each 9th and lO th-year period after the date w hen the first
ten-year period ends. (See 15 U S .c. l058 and l059; 37 C .F.R . 2.161 and 2.183.)
G race P eriod Filings*
T here is a six-m onth grace period for filing the docum ents listed above, w ith paym ent of
an additional fee.
T he U .S. P atent and T radem ark O ffice (U SPT O ) w U I N O T send you any future notice
or rem inder of these fU ing requirem ents.T herefore, you should contact the U S P T O
approxim ately one year p rio r to the deadlines set forth above to determ ine the
requirem ents and fees for subm ission ofthe required filings.
N O T E : E lectronic form s for the above docum ents, as w ell as inform ation regarding
currentfiling requirem ents and fees, are available online atthe U SP TO w eb site:
w w w .usp.to.gov
Y O U R R E G IS T R A T IO N W IL L B E C A N C E L L E D IF Y O U D O N O T
F IL E T H E D O C U M E N T S ID E N T IF IE D A B O V E D U R IN G T H E
S P E C IF IE D T IM E P E R IO D S .
* E x cep tio n
for the E x ten sio n s o f P ro tectio n u n d er the M ad rid P ro to co l:

T he holder o f an international registration w ith an extension of protection to the U nited
States m ust file, under slightly different tim e periods, a D eclaration o f C ontinued U se (or
E xcusable N on-use) at the U SPT O . See 15 U .S .c. 1141k; 37 C .F.R . 7.36. T he renew al
o f an international registration, how ever, m ust be filed at the International B ureau of the
W orld Intellectual Property O rganization, under A rticle 7 of the M adrid Protocol. See 15
U S .c. 1141j; 37 C .F.R . 7.41.
lnt. C l.: 9
P rior U .S. C Is.: 21, 23, 26, 36 and 38
U nited S tates P atent and T radem ark O ffice
R eg. N o. 3,679,056
R egistered Sep._ 8, 2009
T R A D E J\1A R K
PR IN C IPA L R E G IST E R
A P P L E IN C . (C A L IF O R N IA C O R P O R A T IO N )
1 IN F IN IT E L O O P
C U PE R T IN O , C A 95014
FO R : C O M PU T E R S; C O M P U T E R H A R D W A R E ;
C O M P U T E R PE R IPH E R A L S; H A N D H E L D C O M PU T E R S; H A N D H E L D M O B IL E D IG IT A L E L E C T R O N IC D E V IC E S F O R R E C O R D IN G , O R G A N IZ IN G ,
T R A N S M IT T IN G , M A N IP U L A T IN G , A N D R E V IE W IN G T E X T , D A T A , IM A G E , A U D IO , A N D
A U D IO V ISU A L FIL E S, F O R T H E S E N D IN G A N D
R E C E IV IN G O F T E L E PH O N E C A L L S, E L E C T R O N IC M A IL , A N D O T H E R D IG IT A L D A T A , FO R U SE
A S A D IG IT A L F O R M A T A U D IO PL A Y E R , H A N D H E L D C O M PU T E R , PE R SO N A L D IG IT A L A SSIST A N T , E L E C T R O N IC O R G A N IZ E R , E L E C T R O N IC
N O T E PA D , C A M E R A , A N D G L O B A L PO SIT IO N IN G SY ST E M (G PS) E L E C T R O N IC N A V IG A T IO N
D E V IC E ; D IG IT A L A U D IO A N D V ID E O R E C O R D E R S A N D PL A Y E R S; PE R SO N A L D IG IT A L A SSIST A N T S; E L E C T R O N IC O R G A N IZ E R S; C A M E R A S;
T E L E PH O N E S; M O B IL E PH O N E S; SA T E L L IT E N A V IG A T IO N A L SY ST E M S, N A M E L Y , G L O B A L PO SIT IO N IN G S Y S T E M S (G P S ); E L E C T R O N IC
N A V IG A T IO N A L D E V IC E S, N A M E L Y , G L O B A L
PO SIT IO N IN G SA T E L L IT E (G PS) B A SE D N A V IG A T IO N R E C E IV E R S; C O M PU T E R G A M E M A C H IN E S
F O R U SE W IT H E X T E R N A L D ISPL A Y SC R E E N S,
M O N IT O R S, O R T E L E V ISIO N S; A F U L L L IN E O F
A C C E SSO R IE S A N D PA R T S F O R T H E A FO R E M E N T IO N E D G O O D S; ST A N D S, C O V E R S, C A SES, H O L ST E R S, PO W E R A D A PT O R S, A N D W IR E D A N D
W IR E L E SS R E M O T E C O N T R O L S F O R T H E A FO R E M E N T IO N E D G O O D S ; C O M P U T E R M E M O R Y
H A R D W A R E ; C O M P U T E R D ISC D R IV E S; O PT IC A L
D ISC D R IV E S; C O M P U T E R N E T W O R K IN G H A R D -
W A R E ; C O M P U T E R M O N IT O R S; F L A T P A N E L
D ISPL A Y M O N IT O R S; C O M P U T E R K E Y B O A R D S;
C O M P U T E R C A B L E S; M O D E M S; C O M P U T E R
M IC E ; E L E C T R O N IC D O C K IN G ST A T IO N S; SE T
T O P B O X ES; B A T T E R IE S; B A T T E R Y C H A R G E R S;
E L E C T R IC A L C O N N E C T O R S , W IR E S , C A B L E S,
A N D A D A PT O R S; D E V IC E S F O R H A N D S -F R E E
U SE ; H E A D PH O N E S; E A R PH O N E S; E A R B U D S;
A U D IO SPE A K E R S; M IC R O PH O N E S; A N D H E A D SETS; A F U L L L IN E O F C O M P U T E R SO FT W A R E
F O R B U SIN E SS, H O M E , E D U C A T IO N , A N D D E V E L O PE R U SE ; U SE R M A N U A L S F O R U SE W IT H ,
A N D SO L D A S A U N IT W IT H , T H E A F O R E M E N T IO N E D G O O D S; D O W N L O A D A B L E A U D IO A N D
V ID E O FIL E S, M O V IE S, R IN G T O N E S, V ID E O
G A M E S, T E L E V ISIO N PR O G R A M S, PO D C A ST S
A N D A U D IO B O O K S V IA T H E IN T E R N E T A N D
W IR E L E SS D E V IC E S F E A T U R IN G M U SIC , M O V IE S , V ID E O S , T E L E V IS IO N , C E L E B R IT IE S ,
SPO R T S, N E W S, H IST O R Y , SC IE N C E , PO L IT IC S,
C O M E D Y , C H IL D R E N 'S E N T E R T A IN M E N T , A N IM A T IO N , C U L T U R E , C U R R E N T E V E N T S A N D
T O PIC S O F G E N E R A L IN T E R E ST , IN C L A SS 9
(U .S. C LS. 21, 23, 26, 36 A N D 38).
F IR S T U SE 1-31-1977; IN C O M M E R C E 1-31-1977.
O W N E R O F U .S. R E G . N O S. 1,114,431, 2,753,069
A N D O T H E R S.
T H E M A R K C O N SIST S O F T H E D E S IG N O F A N
A PPL E W IT H A B IT E R E M O V E D .
SE R . N O . 77-648,705, F IL E D 1-13-2009.
JE R I J. FIC K E S, E X A M IN IN G A T T O R N E Y
F o rm
P T O 1 6 7 5 (R ev. 03/00)
EXHIBIT B
CERTIFICATE OF REGISTRATION
PRINCIPAL REGISTER
The Mark shown in this certificate has been registered in the United States
Patent and Trademark Office to the named registrant.
The records of the United States Patent and Trademark Office show that
an application for registration of the Mark shown in this Certificate was filed in the
Office; that the application was examined and determined to be in compliance with
the requirements ofthe law and with the regulations prescribed by the Director ofthe
United States Patent and Trademark Office; and that the Applicant is entitled to
registration of the Mark under the TrademarkAct of1946, as Amended.
A copy of the Mark and pertinent data from the application are part of
this certificate.
To avoid CANCEllATION of tlte registration, tlte owner of tlte

registration must submit a declaration of continued use or excusaIJle non-use
between liteflfllt and sixtlt yeaTS after lite registration tittle. (See next page for more
information.) Assuming such a declaration is properly filed, the registration will
remain in force for ten (10) years, unless terminated by an order ofthe Commissioner
for Trademarks or a federal court. (See next page for information on maintenance
requirements for successive ten-year periods.)
Director of the United States Patent and Trademark Office
REQUIRE:MENTS TO MAINTAIN YOUR FEDERAL

TRADEMARK REGISTRATION
Requirements in the First Ten Years*

What and When to File:
First Filing: A Declaration of Continued Use (or Excusable Non-use), fIled between the
5th and 6tli years after the registration date. (See 15 U.S.C. 1058; 37 C.ER. 2.161.)
Second Filing: A Declaration of Continued Use (or Excusable Non-use) and an
Application for Renewal, filed between the 9th and 10th years after the registration date.
(See 15 U.S.C. 1058 and 1059; 37 C.ER. 2.161 and 2.183.)
Requirements in Successive Ten-Year Periods*
A Declaration of Continued Use (or Excusable Non-use) and an Application for
Renewal, filed between each 9th and 10th-year period after the date when the first
ten-year period ends. (See 15 U.S.C. 1058 and 1059; 37 C.ER. 2.161 and 2.183.)
Grace Period Filings*
There is a six-month grace period for filing the documents listed above, with payment of
an additional fee.
The U.S. Patent and Trademark Office (USPTO) will NOT send you any future notice
or reminder of these filing requirements. Therefore, you should contact the USPTO
approximately one year prior to the deadlines set forth above to determine the
requirements and fees for submission of the required filings.
NOTE: Electronic forms for the above documents, as well as information regarding
cu"ent filing requirements and fees, are available online at the USPTO web site:
www.uspto.gov
YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT
FILE THE DOCUMENTS IDENTIFIED ABOVE DURING THE
SPECIFIED TIME PERIODS.
*Exception for the Extensions of Protection under the Madrid Protocol:

The holder of an international registration with an extension of protection to the United
States must file, under slightly different time periods, a Declaration of Continued Use (or
Excusable Non-use) at the USPTO. See 15 U.S.C. 1141k; 37 C.ER. 7.36. The renewal
of an international registration, however, must be filed at the International Bureau of the
World Intellectual Property Organization, under Article 7 of the Madrid Protocol. See 15
U.S.C. 1141j; 37 C.ER. 7.41.
Int. 0.: 9
Prior U.S. CIs.: 21, 23, 26, 36 and 38
United States Patent and Trademark Office
Reg. No. 3,229,791

Registered Apr. 17, 2007
TRADEMARK
PRINCIPAL REGISTER
MAGSAFE
APPLE COMPUTER, INC. (CALIFORNIA CORPORATION)
1 INFINITE LOOP
CUPERTINO, CA 95014
PRIORITY CLAIMED UNDER SEC. 44(0) ON

HONG KONG APPLICATION NO. 300553077, FILEI)
12-21-2005, REG. NO. 300553077, DATED 12-21-2005,
EXPIRES 12-21-2015.
FOR: POWER ADAPTERS FOR COMPUTERS, IN

CLASS 9 (U.S. CLS. 21, 23, 26, 36 AND 38).
FIRST USE 2-14-2006; IN COMMERCE 2-14-2006.
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR
FONT, STYLE, SIZE, OR COLOR.
SER. NO. 78-910,155, FILED 6-16-2006.
ERNEST SHOSHO, EXAMINING ATTORNEY
Form PTo.1675 (Rev. 03100)
EXHIBIT C
EXHIBIT D
EXHIBIT E
EXHIBIT F
EXHIBIT G
EXHIBIT H
CERTIFICATE OF REGISTRATION
PRINCIPAL REGISTER
The Mark shown in this certificate has been registered in the United States
Patent and Trademark Office to the named registrant.
The records of the United States Patent and Trademark Office show that
an application for registration of the Mark shown in this Certificate was filed in the
Office; that the application was examined and determined to be in compliance with
the requirements of the law and with the regulations prescribed by the Director of the
United States Patent and Trademark Office; and that the Applicant is entitled to
registration of the Mark under the Trademark Act of 1946, as Amended.
A copy of the Mark and pertinent data from the application are part of
this certificate.
To avoid CANCELLATION of the registration, the owner of the

registration must submit a declaration of continued use or excusable non-use
between the fifth and sixth years after the registration date. (See next page for more
information.) Assuming such a declaration is properly filed, the registration will
remain in force for ten (10) years, unless terminated by an order of the Commissioner
for Trademarks or a federal court. (See next page for information on maintenance
requirements for successive ten-year periods.)
Director of the United States Patent and Trademark Office
REQUIREMENTS TO MAINTAIN YOUR FEDERAL

TRADEMARK REGISTRATION
Requirements in the First Ten Years*
First Filing: A Declaration of Continued Use (or Excusable Non-use), filed between the
5th and 6 tli years after the registration date. (See 15 U.S.C. 1058; 37 C.P.R. 2.161.)
Second Filing: A Declaration of Continued Use (or Excusable Non-use) and an
Application for Renewal, filed between the 9 th and 10th years after the registration date.
(See 15 U.S.C. 1058 and 1059; 37 C.P.R. 2.161 and 2.183.)
Requirements in Successive Ten-Year Periods*
A Declaration of Continued Use (or Excusable Non-use) and an Application for
Renewal, filed between each 9 th and 10th-year period after the date when the first
ten-year period ends. (See 15 U.S.C. 1058 and 1059; 37 C.P.R. 2.161 and 2.183.)
Grace Period Filings*
There is a six-month grace period for filing the documents listed above, with payment of
an additional fee.
The U.S. Patent and Trademark Office (USPTO) will NOT send you any future notice
or reminder of these filing requirements. Therefore, you should contact the USPTO
approximately one year prior to the deadlines set forth above to determine the
requirements and fees for submission of the required filings.
NOTE: Electronic forms for the above documents, as well as information regarding
current filing requirements and fees, are available online at the USPTO web site:
www.us[!.to.gov
YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT
FILE THE DOCUMENTS IDENTIFIED ABOVE DURING THE
SPECIFIED TIME PERIODS.
*Exception for the Extensions of Protection under the Madrid Protocol:
The holder of an international registration with an extension of protection to the United
States must file, under slightly different time periods, a Declaration of Continued Use (or
Excusable Non-use) at the USPTO. See 15 U.S.C. 1141k; 37 C.P.R. 7.36. The renewal
of an international registration, however, must be filed at the International Bureau of the
World Intellectual Property Organization, under Article 7 of the Madrid Protocol. See 15
U.S.C. 1141j; 37 C.P.R. 7.41.
Int. CI.: 9
Prior U.S. CIs.: 21, 23, 26, 36 and 38
Reg. No. 3,222,089
United States Patent and Trademark Office
Registered Mar. 27, 2007
TRADEMARK
PRINCIPAL REGISTER
MACBOOK
APPLE COMPUTER, INC. (CALIFORNIA CORPORATION)
1 INFINITE LOOP
CUPERTINO, CA 95014
FOR: COMPUTERS, NOTEBOOK COMPUTERS,
COMPUTER HARDWARE, COMPUTER OPERA TING SYSTEM SOFTWARE, COMPUTER PERIPHERALS, IN CLASS 9 (U.S. CLS. 21, 23, 26, 36 AND 38).
FIRST USE 1-10-2006; IN COMMERCE 1-10-2006.
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PARTICULAR

FONT, STYLE, SIZE, OR COLOR.
PRIORITY CLAIMED UNDER SEC. 44(D) ON
MALAYSIA APPLICATION NO. 05016219, FILED 928-2005.
SER. NO. 78-821,058, FILED 2-22-2006.
GIANCARLO CASTRO, EXAMINING ATTORNEY
Form PTO1675 (Rev. 03100)
EXHIBIT I
EXHIBIT J
EXHIBIT K
EXHIBIT L
EXHIBIT M
JS-CAND 44 (Rev. 07/16)
CIVIL COVER SHEET
The JS-CAND 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law,
except as provided by local rules of court. This form, approved in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of
Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
Apple Inc.
(b)
Mobile Star LLC, a New York Limited Liability

Company, and Does 1-50
County of Residence of First Listed Plaintiff
County of Residence of First Listed Defendant
Santa Clara
(EXCEPT IN U.S. PLAINTIFF CASES)
(c)
Attorneys (Firm Name, Address, and Telephone Number)

Thomas H. Zellerbach (SBN 154557)
Orrick, Herrington & Sutcliffe LLP
1000 Marsh Road
Menlo Park, CA 94025
T: 650-614-7400 F: 650-614-7401
II. BASIS OF JURISDICTION (Place an X in One Box Only)

1
U.S. Government
Plaintiff
3 Federal Question
(U.S. Government Not a Party)
U.S. Government
Defendant
4 Diversity
(Indicate Citizenship of Parties in Item III)
IV. NATURE OF SUIT

CONTRACT
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
(For Diversity Cases Only)

PTF
2 Removed from
State Court
3 Remanded from
Appellate Court
and One Box for Defendant)

PTF
DEF
DEF
Citizen of This State
1 Incorporated or Principal Place

of Business In This State
Citizen of Another State
2 Incorporated and Principal Place

of Business In Another State
Citizen or Subject of a
Foreign Country
3 Foreign Nation
FORFEITURE/PENALTY
PERSONAL INJURY
PERSONAL INJURY
310 Airplane
365 Personal Injury
315 Airplane Product
Product Liability
Liability
367 Health Care/
320 Assault, Libel &
Pharmaceutical
Slander
Personal Injury
330 Federal Employers
Product Liability
Liability
368 Asbestos Personal
340 Marine
Injury Product
345 Marine Product
Liability
Liability
PERSONAL PROPERTY
350 Motor Vehicle
370 Other Fraud
355 Motor Vehicle
371 Truth in Lending
Product Liability
380 Other Personal
Property Damage
360 Other Personal
Injury
385 Property Damage
362 Personal Injury Product Liability
Medical Malpractice
CIVIL RIGHTS
PRISONER PETITIONS
Habeas Corpus:
440 Other Civil Rights
441 Voting
463 Alien Detainee
442 Employment
510 Motions to Vacate
Sentence
443 Housing/
Accommodations
530 General
535 Death Penalty
445 Amer. w/Disabilities
Employment
Other:
540 Mandamus & Other
446 Amer. w/Disabilities
Other
550 Civil Rights
448 Education
555 Prison Condition
560 Civil Detainee
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)

1 Original
Proceeding
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(Place an X in One Box Only)

TORTS
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
Of Veterans Benefits
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
Middlesex
(IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)
BANKRUPTCY
625 Drug Related Seizure

of Property 21 USC 881
690 Other
422 Appeal 28 USC 158

423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark
LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609
IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions
4 Reinstated or
Reopened
5 Transferred from
Another District
OTHER STATUTES
375 False Claims Act
376 Qui Tam (31 USC
3729(a))
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes
6 Multidistrict
LitigationTransfer
(specify)
8 Multidistrict
LitigationDirect File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
VI. CAUSE OF ACTION
15 U.S.C. 1114; 15 U.S.C. 1125(a)(1)(A); 17 U.S.C. 501 et seq.; Cal. Bus. & Prof. Code 17200 et seq.
Brief description of cause:

Counterfeiting and Trademark Infringement; False Designation of Origin; Copyright Infringement; and Unfair Competition
DEMAND $
VII. REQUESTED IN
CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, Fed. R. Civ. P.
COMPLAINT:
VIII. RELATED CASE(S),
IF ANY (See instructions):
JUDGE
IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2)
(Place an X in One Box Only)
SAN FRANCISCO/OAKLAND
DATE: 10/17/2016
CHECK YES only if demanded in complaint:

JURY DEMAND:
Yes
No
DOCKET NUMBER
SAN JOSE
EUREKA-MCKINLEYVILLE
SIGNATURE OF ATTORNEY OF RECORD: /s/ Thomas H. Zellerbach
JS-CAND 44 (rev. 07/16)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-CAND 44

Authority For Civil Cover Sheet. The JS-CAND 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and
service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved in its original form by the Judicial
Conference of the United States in September 1974, is required for the Clerk of Court to initiate the civil docket sheet. Consequently, a civil cover sheet is
submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I. a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the defendant is the location of the tract of land involved.)
c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section (see attachment).
II.
Jurisdiction. The basis of jurisdiction is set forth under Federal Rule of Civil Procedure 8(a), which requires that jurisdictions be shown in
pleadings. Place an X in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
(1) United States plaintiff. Jurisdiction based on 28 USC 1345 and 1348. Suits by agencies and officers of the United States are included here.
(2) United States defendant. When the plaintiff is suing the United States, its officers or agencies, place an X in this box.
(3) Federal question. This refers to suits under 28 USC 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code
takes precedence, and box 1 or 2 should be marked.
(4) Diversity of citizenship. This refers to suits under 28 USC 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III.
Residence (citizenship) of Principal Parties. This section of the JS-CAND 44 is to be completed if diversity of citizenship was indicated above.
Mark this section for each principal party.
IV.
Nature of Suit. Place an X in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V.
Origin. Place an X in one of the six boxes.

(1) Original Proceedings. Cases originating in the United States district courts.
(2) Removed from State Court. Proceedings initiated in state courts may be removed to the district courts under Title 28 USC 1441. When the
petition for removal is granted, check this box.
(3) Remanded from Appellate Court. Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
(4) Reinstated or Reopened. Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
(5) Transferred from Another District. For cases transferred under Title 28 USC 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
(6) Multidistrict Litigation Transfer. Check this box when a multidistrict case is transferred into the district under authority of Title 28 USC
1407. When this box is checked, do not check (5) above.
(8) Multidistrict Litigation Direct File. Check this box when a multidistrict litigation case is filed in the same district as the Master MDL docket.
Please note that there is no Origin Code 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statute.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553. Brief Description: Unauthorized reception of cable service.
VII. Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Federal Rule of Civil Procedure 23.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS-CAND 44 is used to identify related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
IX.
Divisional Assignment. If the Nature of Suit is under Property Rights or Prisoner Petitions or the matter is a Securities Class Action, leave this
section blank. For all other cases, identify the divisional venue according to Civil Local Rule 3-2: the county in which a substantial part of the
events or omissions which give rise to the claim occurred or in which a substantial part of the property that is the subject of the action is situated.
Date and Attorney Signature. Date and sign the civil cover sheet.

Apple, Inc. vs. Mobile Star, LLC

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Apple, Inc. vs. Mobile Star, LLC

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Case 3:16-cv-06001-WHO Document 1 Filed 10/17/16 Page 1 of 19

THOMAS H. ZELLERBACH (State Bar No. 154557)

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

Case No. 3:16-cv-06001

COMPLAINT FOR DAMAGES AND

Mobile Star LLC, a New York Limited

e-commerce platform located at www.amazon.com. Mobile Star also supplied Groupon,

ORRICK, HERRINGTON &

COMPLAINT FOR DAMAGES AND

Case 3:16-cv-06001-WHO Document 1 Filed 10/17/16 Page 2 of 19

electrocution to the user.1 The safety of Apples customers is of paramount importance to

including, among others, APPLE, the Apple Logo

, IPHONE, IPAD, MACBOOK,

Apples customers associate Apples famous and well-known trademarks,

UL, Counterfeit iPhone Adapters, September 16, 2016, http://library.ul.com/wpcontent/uploads/sites/40/2016/09/10314-CounterfeitiPhone-WP-HighRes_FINAL.pdf.

COMPLAINT FOR DAMAGES AND

Case 3:16-cv-06001-WHO Document 1 Filed 10/17/16 Page 3 of 19

In June 2016, Fortune Magazine announced that Amazon.com is the most

Reputation Institute, as reported by Forbes Magazine.3

Apple purchased the power products identified above (ASIN B012YEWP2K)

those particular counterfeit power products purchased by Apple.

Consumers, relying on Amazon.coms reputation, have no reason to suspect the

COMPLAINT FOR DAMAGES AND

Case 3:16-cv-06001-WHO Document 1 Filed 10/17/16 Page 4 of 19

and in some cases catch fire:

Consistent with consumers experiences with and comments about counterfeit

overheating, fire, and electrical shock.

COMPLAINT FOR DAMAGES AND

Case 3:16-cv-06001-WHO Document 1 Filed 10/17/16 Page 5 of 19

goodwill associated with the Apple trademarks.

Defendants), and alleges as follows:

JURISDICTION AND VENUE

This is a Complaint for a preliminary and permanent injunction, damages, and

Designation of Origin, 15 U.S.C. 1125(a)(1)(A); (3) Copyright Infringement, 17 U.S.C. 501 et

the State of California.

Jurisdiction), 1338(a)-(b) (Trademark, Copyright, and Unfair Competition Jurisdiction).

Apples claims occurred in this judicial district.

COMPLAINT FOR DAMAGES AND

Case 3:16-cv-06001-WHO Document 1 Filed 10/17/16 Page 6 of 19

located at 1 Infinite Loop, Cupertino, CA 95014.

true names and capacities when ascertained.

APPLES BUSINESS AND INTELLECTUAL PROPERTY

Apples Business. Incorporated in California in 1977, Apple designs,

ORRICK, HERRINGTON &

Plaintiff Apple is a California corporation with its principal place of business

COMPLAINT FOR DAMAGES AND

Case 3:16-cv-06001-WHO Document 1 Filed 10/17/16 Page 7 of 19

authorized third-party wholesalers, retailers, and value-added resellers. Relevant consumers

purchasing Apples products.

Forbes began its study in 2010.

Apples registered trademarks. Apple owns registrations for a number of

ORRICK, HERRINGTON &

COMPLAINT FOR DAMAGES AND

Case 3:16-cv-06001-WHO Document 1 Filed 10/17/16 Page 8 of 19

goods and services associated with those marks.

Apple owns the following United States Registered Trademarks used in

below reflect any updates made through statutory maintenance filings:

Goods and Services

COMPLAINT FOR DAMAGES AND

Case 3:16-cv-06001-WHO Document 1 Filed 10/17/16 Page 9 of 19

Goods and Services

COMPLAINT FOR DAMAGES AND

Case 3:16-cv-06001-WHO Document 1 Filed 10/17/16 Page 10 of 19