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Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 1 of 31 Page ID #:1

1 ARASH BERAL (BAR NO. 245219)


arash.beral@ffslaw.com
2 MATTHEW A. YOUNG (BAR NO. 266291)
matt.young@ffslaw.com
3 FREEMAN, FREEMAN & SMILEY, LLP
1888 Century Park East, Suite 1900
4 Los Angeles, California 90067
Telephone: (310) 255-6100
5 Facsimile: (310) 255-6200
6 Attorneys for Plaintiff
A&A GLOBAL IMPORTS, INC.
7
8
9 UNITED STATES DISTRICT COURT
10 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
11
LLP
1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
FREEMAN, FREEMAN & SMILEY,

12 A&A GLOBAL IMPORTS, INC., a Case No.


California corporation,
13 PLAINTIFF A&A GLOBAL
(310) 255-6100

Plaintiff, IMPORTS, INC.S COMPLAINT


14 FOR:
vs.
15 1. PATENT
CENTRAL BAG & BURLAP CO. INFRINGEMENT;
16 d/b/a MMC DEPOT, a Colorado 2. FALSE DESIGNATION OF
corporation; TREAD GLOBAL LLC, a ORIGIN;
17 Colorado limited liability company; and 3. TRADEMARK
DOES 1 through 10, INFRINGEMENT;
18 4. TRADE DRESS
Defendants. INFRINGEMENT;
19 5. UNFAIR COMPETITION IN
VIOLATION OF THE
20 LANHAM ACT;
6. UNFAIR COMPETITION IN
21 VIOLATION OF THE UNFAIR
COMPETITION LAW;
22 7. FALSE ADVERTISING IN
VIOLATION OF THE FALSE
23 ADVERTISING LAW;
8. INTENTIONAL
24 INTERFERENCE WITH
CONTRACTUAL
25 RELATIONS;
9. INTENTIONAL
26 INTERFERENCE WITH
PROSPECTIVE ECONOMIC
27 RELATIONS;
10. NEGLIGENT
28 INTERFERENCE WITH
3344152.2 25858-831
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PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 2 of 31 Page ID #:2

1 PROSPECTIVE ECONOMIC
RELATIONS; AND
2 11. RESTITUTION TO AVOID
UNJUST ENRICHMENT
3
DEMAND FOR JURY TRIAL
4
5
6 Plaintiff A&A Global Imports, Inc. complains of defendants and alleges as
7 follows:
8 ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
9 JURISDICTION AND VENUE
10 1. This is an action for injunctive relief and damages based on the unfair
11 competition and other tortious conduct committed by the defendants named herein,
LLP
1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
FREEMAN, FREEMAN & SMILEY,

12 specifically arising under 35 U.S.C. 271, the United States Trademark Act of
13 1946, 15 U.S.C. 1051, et seq., as amended, (e.g., the Lanham Act, 15 U.S.C.
(310) 255-6100

14 1114, 1125, et seq.), California statutory law (California Business & Professions
15 Code 17200, et seq., and 17500, et seq.), and under the common law.
16 2. This Court has subject matter jurisdiction under 15 U.S.C. 1121(a),
17 28 U.S.C. 1331, and 28 U.S.C. 1338(a), as well as supplemental jurisdiction
18 under 28 U.S.C. 1338(b) and 1367(a).
19 3. Venue is proper in this district under 28 U.S.C. 1391(b) and (c).
20 4. The Court has personal jurisdiction over each defendant because, as set
21 forth below, each defendant either conducts business in California, including within
22 this judicial district, or has engaged in conduct directed at the State of California, or
23 both.
24 THE PARTIES
25 5. Plaintiff (hereinafter, Plaintiff or A&A Global) is and at all times
26 mentioned herein was a California corporation, doing business in California,
27 including within this judicial district. Plaintiffs principal place of business is located
28 in Commerce, California.
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PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 3 of 31 Page ID #:3

1 6. Plaintiff is informed and believes and thereupon alleges that Defendant


2 Central Bag & Burlap Co., doing business as MMC Depot (hereinafter, MMC), is
3 and at all times mentioned herein was a Colorado corporation, with its principal place
4 of business located in Denver, Colorado.
5 7. Plaintiff is informed and believes and thereupon alleges that Defendant
6 Tread Global LLC (hereinafter Tread Global), is and at all times mentioned herein
7 was a Colorado limited liability company, with its principal place of business located
8 in Denver, Colorado. Plaintiff is informed and believes and thereupon alleges that
9 the member(s) of Tread Global resides in Denver, Colorado.
10 8. Plaintiff is ignorant of the true names and capacities of the defendants
11 sued herein as DOES 1 through 10, inclusive, and therefore sues said defendants by
LLP
1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
FREEMAN, FREEMAN & SMILEY,

12 said fictitious names. Plaintiff will amend this Complaint to allege their true names
13 and capacities when ascertained.
(310) 255-6100

14 9. Plaintiff is informed and believes and thereupon alleges that at all times
15 relevant herein, each of the DOE defendants, and each of the named defendants, were
16 the agents and/or employees of one or more of the other defendants, were acting
17 within the course and scope of said agency and/or employment, and that each
18 defendant has aided and assisted one or more of the other defendants in committing
19 the wrongful acts alleged herein.
20 10. Plaintiff is informed and believes and thereupon alleges that defendants,
21 and each of them, conspired and agreed among themselves to do the acts complained
22 of herein and were, in doing the acts complained of herein, acting pursuant to said
23 conspiracy, and that each defendant sued herein is jointly and severally responsible
24 and liable to Plaintiff for the damages alleged herein.
25 GENERAL ALLEGATIONS
26 11. Plaintiff is a plastic packaging manufacturer. It manufactures, sells, and
27 distributes packaging materials, such as prescription bottles, vials, and exit bags, all
28 over the United States. Plaintiffs customer base includes pharmacies and cannabis
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PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 4 of 31 Page ID #:4

1 dispensaries, to which Plaintiff (and its assignees or licensees) distributes high quality
2 prescription vials and child-proof exit bags which are manufactured to comport with
3 the laws of the jurisdiction in which Plaintiffs customers (the pharmacies and
4 cannabis dispensaries) do business. Plaintiff does not now nor has it ever
5 manufactured, sold, or distributed actual cannabis or marijuana product listed as a
6 Schedule 1 drug under the Drug Enforcement Administrations (DEA) Drug
7 Schedules.
8 12. Plaintiff owns patent rights, and other intellectual property rights in and
9 to Patent No. US D766,076 S (the 076 Patent), issued by the United States Patent
10 and Trademark Office. The 076 Patent provides Plaintiff exclusive rights to
11 manufacture, sell, and distribute a plastic bag package bearing the design set forth in
LLP
1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
FREEMAN, FREEMAN & SMILEY,

12 the 076 Patent. A true and correct copy of the 076 Patent is attached hereto as
13 Exhibit A and incorporated by reference herein.
(310) 255-6100

14 13. In addition to patent rights, Plaintiff alleges that its plastic bag package
15 bearing the design set forth in the 076 Patent is distinctive, such that it constitutes
16 Plaintiffs trade dress.
17 14. Plaintiff further asserts that it has common law trademark and statutory
18 trademark rights in U.S. Registration No. 4,894,410 (the 410 Registration) for the
19 word mark PINCHNSLIDE, which mark Plaintiff uses in connection with its
20 plastic bag package bearing the design set forth in the 076 Patent.
21 15. Moreover, with growing national acceptance of medical cannabis
22 products (and in some states, recreational cannabis products), many states have
23 passed laws regulating the sale of cannabis. Of importance, some states have
24 already passed laws requiring that cannabis products be packaged in certified child-
25 resistant packaging in accordance with federal consumer product safety guidelines,
26 codified at 16 C.F.R. 1700.1, et seq., and in accordance with ASTM standards.
27 Certainly, as time progresses and more regulatory laws regarding the sale of
28 cannabis are passed and codified, more states will likely enact the same or identical
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PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 5 of 31 Page ID #:5

1 child-resistant packaging requirements.


2 16. Plaintiff manufactures, sells, and distributes fully-compliant, federal-
3 and ASTM-certified child-resistant vials, bags and other forms of packaging to its
4 cannabis dispensary customers, including its plastic bag package bearing the design
5 set forth in the 076 Patent. Indeed, Plaintiff has expended considerable time and
6 resources in developing its products so as to meet and satisfy all applicable federal
7 and ASTM standards.
8 17. Plaintiff is informed and believes and thereupon alleges that MMC
9 owns and operates the website domain www.mmcdepot.com and does business
10 under the MMC Depot name.
11 18. Plaintiff is informed and believes and thereupon alleges that through its
LLP
1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
FREEMAN, FREEMAN & SMILEY,

12 website and the MMC Depot name, MMC solicits sales to cannabis dispensaries
13 of its various products, including its Child Secure Exit Bag. MMC specifically
(310) 255-6100

14 advertises on its website that its packaging products are child safe and are CPSC
15 approved and CFR compliant child resistant marijuana supplies and cannabis
16 packaging products approved for poison prevention. The website goes on to claim
17 that MMC Depot carries many packaging products that are ASTM Certified for
18 child safety and tamper resistance. As to its bags in particular, MMC touts Single-
19 use, re-closable and airtight tamper-resistant marijuana bags that are CPSC and CFR
20 approved for poison prevention 100% success rate for child safety! Indeed, the
21 phrase This package is child resistant appears directly on the front of MMCs
22 Child Secure Exit Bags.
23 19. MMC further advertises and represents on its website that All of the
24 marijuana containers that MMC Depot carries have been designed by established
25 manufacturers and tested by ASTM International to be significantly difficult for
26 children under age 5 to open or obtain a harmful amount of the contents in a
27 reasonable time.
28 / / /
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PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 6 of 31 Page ID #:6

1 20. Plaintiff is informed and believes and thereupon alleges that Tread
2 Global manufactures, sources, markets and sells the Child Secure Exit Bags to
3 MMC and other wholesalers and retailers throughout the United States. In fact,
4 Plaintiff is informed and believes that MMC purchases its Child Secure Exit Bags
5 through Tread Global.
6 21. Plaintiff is informed and believes and thereupon alleges that Tread
7 Global owns and operates the website domain www.treadglobal.com. Through its
8 website, Tread Global solicits sales of its various products, including the Child
9 Secure Exit Bag, to cannabis supply wholesalers, including MMC.
10 22. Tread Global specifically advertises on its website that its packaging
11 products are child resistant, that they specialize in child related safety testing
LLP
1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
FREEMAN, FREEMAN & SMILEY,

12 and that its packaging products comply with ISO, FCC, CPSC, EPA, and ASTM
13 standards.
(310) 255-6100

14 23. Plaintiff is informed and believes and thereupon alleges that none of the
15 packaging bags that the Defendants advertise and offer for sale, including the Child
16 Secure Exit Bags, meet the child-resistant compliance regulations or ASTM
17 standards involving child-resistant packaging. Hereinafter, these products will be
18 referred as the Non-Compliant Products.
19 24. Plaintiff is informed and believes and thereupon alleges that at all times
20 relevant herein, the Defendants and each of them concealed material facts, including
21 that the Non-Compliant Products are not approved for lawful use in states that
22 require child-resistant packaging, that they do not meet federal consumer product
23 safety guidelines, codified at 16 C.F.R. 1700.1, et seq., and that they are not certified
24 under any ASTM standard involving child-resistant packaging.
25 25. Plaintiff is informed and believes and thereupon alleges that at all times
26 relevant herein, the Defendants have advertised or made representations to actual
27 and prospective customers that the Non-Compliant Products are in fact certified, do
28 in fact meet state compliance regulations, and are child proof, all of which are false.
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PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 7 of 31 Page ID #:7

1 26. In addition, Defendants have infringed on Plaintiffs patent, trade dress,


2 and trademark rights in connection with the manufacture, sale, and distribution of
3 the Non-Compliant Products, causing public confusion and deception, which, in
4 turn, has misled and induced would-be customers of Plaintiffs products to purchase
5 Defendants Non-Compliant Products instead.
6 27. As a result of the acts and omissions alleged above, Plaintiff is
7 informed and believes and thereupon alleges that customers who have purchased the
8 Non-Compliant Products from the Defendants have been led erroneously to believe
9 that the Non-Compliant Products meet all legal requirements and are a suitable
10 replacement for Plaintiffs products. Because the Defendants offer the Non-
11 Compliant Products for sale at a steep discount, customers have been misled and
LLP
1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
FREEMAN, FREEMAN & SMILEY,

12 induced to purchase the Non-Compliant Products in lieu of Plaintiffs products (or


13 other competitors products that comply with all legal requirements).
(310) 255-6100

14 28. In many instances, Plaintiff has either lost customers to the Defendants
15 or has been forced to price-match its fully compliant, child-resistant packaging
16 products to its customers who received solicitations from the Defendants to sell the
17 Non-Compliant Products at a much lower cost. As a consequence, Plaintiff has
18 suffered a significant amount of damages and continues to suffer damages unless
19 and until the Defendants improper conduct is enjoined.
20 29. Not only do they infringe on Plaintiffs intellectual property rights, but
21 the Non-Compliant Products sold and offered for sale by the Defendants in
22 jurisdictions that require child-resistant packaging are unlawful, unsafe, and pose an
23 immediate threat not only to Plaintiff (and other similarly situated businesses) but
24 also to the publics health and safety.
25 / / /
26 / / /
27 / / /
28 / / /
3344152.2 25858-831
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PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 8 of 31 Page ID #:8

1 FIRST CAUSE OF ACTION


2 PATENT INFRINGEMENT
3 (AGAINST ALL DEFENDANTS)
4 30. Plaintiff incorporates by this reference the allegations in paragraphs 1
5 through 29, above.
6 31. Defendants have willfully infringed on the 076 Patent in connection
7 with their distribution of their Non-Compliant Products. Defendants have used,
8 caused to be produced, distributed, advertised, marketed, offered for sale, sold
9 within the United States, and/or have imported into the United States exit bags that
10 are substantially similar to the 076 Patent in direct violation of 35 U.S.C. 271. An
11 example of the Non-Compliant Product is shown below:
LLP
1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
FREEMAN, FREEMAN & SMILEY,

12
13
(310) 255-6100

14
15
16
17
18 32. A simple review of the 076 Patent confirms that the Non-Compliant
19 Products infringe on that patent. A comparison of the Non-Compliant Products and
20 the 076 Patent reveal, for example, striking similarities that could only be the result
21 of conscious efforts to copy Plaintiffs design.
22 33. Although Plaintiff has provided Defendants with actual notice of their
23 infringing conduct, Plaintiff is informed and believes and thereupon alleges that
24 Defendants continue to engage in activities that infringe Plaintiffs patent rights.
25 34. As a direct and proximate result of Defendants infringing conduct,
26 Plaintiff has been injured and will continue to suffer injury to its business and
27 reputation unless Defendants are restrained by this Court from infringing Plaintiffs
28 076 Patent.
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PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 9 of 31 Page ID #:9

1 35. Defendants acts have damaged and will continue to damage Plaintiff,
2 and Plaintiff has no adequate remedy at law.
3 36. Plaintiff is informed and believes that Defendants had pre-suit
4 knowledge of Plaintiffs rights to the 076 Patent and have intentionally copied said
5 design for their own products in an effort to pass them off as if they originated, are
6 associated with, are affiliated with, are authorized by, and/or are approved by
7 Plaintiff.
8 37. In light of the foregoing, Plaintiff is entitled to injunctive relief
9 prohibiting Defendants from infringing the 076 Patent and to recover damages
10 adequate to compensate for the infringement, including Defendants profits pursuant
11 to 35 U.S.C. 289. Plaintiff is also entitled to recover any other damages as
LLP
1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
FREEMAN, FREEMAN & SMILEY,

12 appropriate pursuant to 35 U.S.C. 284 as Plaintiff believes that Defendants


13 infringement was and continues to be willful and deliberate. Plaintiff is also entitled
(310) 255-6100

14 to a complete accounting of all revenue and profits derived by Defendants from the
15 unlawful conduct alleged herein. Additionally, the conduct alleged herein qualifies
16 this action as an exceptional case supporting an award of reasonable attorneys fees
17 pursuant to 35 U.S.C. 285.
18 SECOND CAUSE OF ACTION
19 FALSE DESIGNATION OF ORIGIN
20 (AGAINST MMC AND DOES 1 THROUGH 10, INCLUSIVE)
21 38. Plaintiff incorporates by this reference the allegations in paragraphs 1
22 through 37, above.
23 39. Defendant MMCs use of a Pinch N Twist mark which closely
24 resembles Plaintiffs PINCHNSLIDE mark constitutes false designation of origin
25 in violation of the Lanham Act, 15 U.S.C. 1125. Such unauthorized use causes,
26 and is likely to cause, confusion, mistake, or deception of others, as to the
27 affiliation, connection, or association of MMC with Plaintiff, and also causes, and is
28 likely to cause, confusion, mistake, or deception as to the origin, sponsorship, or
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PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 10 of 31 Page ID #:10

1 approval of the goods and services of MMC with those of Plaintiff.


2 40. Plaintiff is informed and believes and thereupon alleges that in selling
3 or distributing the Non-Compliant Products, MMC has used the term Pinch N
4 Twist in reference thereto, designed in such a way to include striking similarities
5 with Plaintiffs trademark rights for Pinch N Slide.
6 41. MMCs wrongful use of Pinch N Twist in reference to the Non-
7 Compliant Products comprises an infringement of Plaintiffs trademark rights and is
8 likely to cause confusion, mistake and deception of the public as to the identity and
9 origin of Plaintiffs products, causing irreparable harm to Plaintiff for which there is
10 no adequate remedy at law.
11 42. MMC knew, or should have known, of Plaintiffs rights, and Defendant
LLP
1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
FREEMAN, FREEMAN & SMILEY,

12 MMCs false description, false representation, and false designation of origin were
13 knowing, willful, and deliberate, making this an exceptional case within the
(310) 255-6100

14 meaning of 15 U.S.C. 1117.


15 43. As a direct and proximate result of MMCs infringing conduct, Plaintiff
16 has been injured and will continue to suffer injury to its business and reputation
17 unless MMC is restrained by this Court from infringing Plaintiffs trademark rights.
18 44. MMCs acts have damaged and will continue to damage Plaintiff, and
19 Plaintiff has no adequate remedy at law.
20 45. Plaintiff is informed and believes that MMC had pre-suit knowledge of
21 Plaintiffs trademark rights and has intentionally copied said trademark for its own
22 products in an effort to pass them off as if they originated, are associated with, are
23 affiliated with, are authorized by, and/or are approved by Plaintiff.
24 46. In light of the foregoing, Plaintiff is entitled to injunctive relief
25 prohibiting MMC from infringing its trademark rights and to recover damages
26 adequate to compensate for the infringement.
27 / / /
28 / / /
3344152.2 25858-831
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PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 11 of 31 Page ID #:11

1 THIRD CAUSE OF ACTION


2 TRADEMARK INFRINGEMENT
3 (AGAINST MMC AND DOES 1 THROUGH 10, INCLUSIVE)
4 47. Plaintiff incorporates by this reference the allegations in paragraphs 1
5 through 46, above.
6 48. Plaintiff asserts statutory trademark rights in the 410 Registration for
7 PINCHNSLIDE, stylized as:
8
9
10 49. Plaintiff is informed and believes and thereupon alleges that in selling
11 or distributing the Non-Compliant Products, MMC has used the term Pinch N
LLP
1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
FREEMAN, FREEMAN & SMILEY,

12 Twist in reference thereto, designed in such a way to include striking similarities


13 with the 410 Registration for Pinch N Slide.
(310) 255-6100

14 50. MMCs wrongful use of Pinch N Twist in reference to the Non-


15 Compliant Products comprises an infringement of Plaintiffs 410 Registration for
16 Pinch N Slide and is likely to cause confusion, mistake and deception of the
17 public as to the identity and origin of Plaintiffs products, causing irreparable harm
18 to Plaintiff for which there is no adequate remedy at law.
19 51. By reason of the foregoing acts, MMC is liable to Plaintiff for
20 trademark infringement under 15 U.S.C. 1114.
21 52. MMC knew, or should have known, of Plaintiffs rights, and Defendant
22 MMCs infringement was knowing, willful, and deliberate, making this an
23 exceptional case within the meaning of 15 U.S.C. 1117.
24 53. As a direct and proximate result of MMCs infringing conduct, Plaintiff
25 has been injured and will continue to suffer injury to its business and reputation
26 unless MMC is restrained by this Court from infringing Plaintiffs trademark rights.
27 54. MMCs acts have damaged and will continue to damage Plaintiff, and
28 Plaintiff has no adequate remedy at law.
3344152.2 25858-831
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PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 12 of 31 Page ID #:12

1 55. Plaintiff is informed and believes that MMC had pre-suit knowledge of
2 Plaintiffs trademark rights and has intentionally copied said trademark for its own
3 products in an effort to pass them off as if they originated, are associated with, are
4 affiliated with, are authorized by, and/or are approved by Plaintiff.
5 56. In light of the foregoing, Plaintiff is entitled to injunctive relief
6 prohibiting MMC from infringing its trademark rights and to recover damages
7 adequate to compensate for the infringement.
8 FOURTH CAUSE OF ACTION
9 TRADE DRESS INFRINGEMENT
10 (AGAINST ALL DEFENDANTS)
11 57. Plaintiff incorporates by this reference the allegations in paragraphs 1
LLP
1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
FREEMAN, FREEMAN & SMILEY,

12 through 55, above.


13 58. Plaintiffs plastic bag package bearing the design set forth in the 076
(310) 255-6100

14 Patent constitutes Plaintiffs protectable trade dress. The protectable trade dress of
15 Plaintiffs plastic bag package bearing the design set forth in the 076 Patent are
16 nonfunctional features that identify the product and its source to customers.
17 59. Defendants have willfully infringed on Plaintiffs trade dress rights in
18 connection with their distribution of their Non-Compliant Products. Defendants
19 have used, caused to be produced, distributed, advertised, marketed, offered for sale,
20 sold within the United States, and/or have imported into the United States the Non-
21 Compliant Products that incorporate distinctive features of Plaintiffs plastic bag
22 package, which actions constitute the use in commerce of false designations of
23 origin, false or misleading descriptions or representations that are likely to cause
24 confusion and mistake and to deceive consumers as to the source of origin of
25 Defendants products or affiliation, connection, or association of Defendants with
26 Plaintiff or the sponsorship or approval of Defendants products by Plaintiff,
27 constituting trade dress infringement in violation of the Lanham Act, 15 U.S.C.
28 1125.
3344152.2 25858-831
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PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 13 of 31 Page ID #:13

1 60. Although Plaintiff has provided Defendants with actual notice of their
2 infringing conduct, Plaintiff is informed and believes and thereupon alleges that
3 Defendants continue to engage in activities that infringe Plaintiffs trade dress rights.
4 61. As a direct and proximate result of Defendants infringing conduct,
5 Plaintiff has been injured and will continue to suffer injury to its business and
6 reputation unless Defendants are restrained by this Court from infringing Plaintiffs
7 trade dress rights.
8 62. Defendants acts have damaged and will continue to damage Plaintiff,
9 and Plaintiff has no adequate remedy at law.
10 63. Plaintiff is informed and believes that Defendants had pre-suit
11 knowledge of Plaintiffs trade dress rights and have intentionally copied said trade
LLP
1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
FREEMAN, FREEMAN & SMILEY,

12 dress for their own products in an effort to pass them off as if they originated, are
13 associated with, are affiliated with, are authorized by, and/or are approved by
(310) 255-6100

14 Plaintiff.
15 64. In light of the foregoing, Plaintiff is entitled to injunctive relief
16 prohibiting Defendants from infringing its trade dress rights and to recover damages
17 adequate to compensate for the infringement.
18 FIFTH CAUSE OF ACTION
19 UNFAIR COMPETITION IN VIOLATION OF THE LANHAM ACT
20 (AGAINST ALL DEFENDANTS)
21 65. Plaintiff incorporates by this reference the allegations in paragraphs 1
22 through 64, above.
23 66. Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a), proscribes any
24 act amounting to unfair competition, including the use of any false or misleading
25 description of fact or false or misleading representation of fact, which:
26 (A) is likely to cause confusion, or to cause mistake, or to deceive as
to the affiliation, connection, or association of such person with
27
another person, or as to the origin, sponsorship, or approval of his or
28 her goods, services, or commercial activities by another person, or
3344152.2 25858-831
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PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 14 of 31 Page ID #:14

1 (B) in commercial advertising or promotion, misrepresents the nature,


characteristics, qualities, or geographic origin of his or her or another
2
person's goods, services, or commercial activities.
3
4 67. In advertising, marketing, promoting, offering for sale, selling,
5 distributing, and making false and misleading assertions of fact regarding the Non-
6 Compliant Products, the Defendants acts described above constitute unfair
7 competition in violation of the Lanham Act.
8 68. As a direct and proximate result of the Defendants conduct as
9 described above, Plaintiff has suffered irreparable harm insofar as the Defendants
10 conduct has damaged the business, reputation, goodwill, and integrity of Plaintiff
11 and its products, and insofar as Plaintiff has lost actual and prospective customers to
LLP
1888 CENTURY PARK EAST, SUITE 1900
LOS ANGELES, CALIFORNIA 90067
FREEMAN, FREEMAN & SMILEY,

12 the Defendants.
13 69. While Plaintiff has suffered damages and continues to suffer damages
(310) 255-6100

14 as a result of the Defendants conduct, monetary damages alone will not afford
15 Plaintiff adequate relief. As such, Plaintiff has no adequate remedy at law that will
16 compensate for the continued and irreparable harm it has suffered and will continue
17 to suffer if the Defendants conduct is allowed to continue.
18 70. Plaintiff is informed and believes and thereupon alleges that unless
19 enjoined by this Court, the Defendants, and any person or entity complicit or
20 participating with them, or each of them, will continue to engage in unfair
21 competition and unlawful conduct. Therefore, Plaintiff seeks injunctive relief as
22 further described herein.
23 71. Plaintiff is also informed and believes and thereupon alleges that the
24 Defendants have profited by reason of their acts of unfair competition and unlawful
25 acts as alleged herein. Therefore, Plaintiff also seeks an order requiring the
26 Defendants to disgorge all of their ill-gotten gains. Plaintiff also seeks an award of
27 treble damages and attorneys fees and costs under 15 U.S.C. 1117(a).
28
3344152.2 25858-831
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PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 15 of 31 Page ID #:15

1 SIXTH CAUSE OF ACTION


2 UNFAIR COMPETITION IN VIOLATION OF THE UNFAIR
3 COMPETITION LAW
4 (AGAINST ALL DEFENDANTS)
5 72. Plaintiff incorporates by this reference the allegations in paragraphs 1
6 through 71, above.
7 73. California Business and Professions Code Section 17200, et seq.,
8 proscribes any act amounting to unfair competition, including any unlawful, unfair
9 or fraudulent business act or practice and unfair, deceptive, untrue or misleading
10 advertising.
11 74. In advertising, marketing, promoting, offering for sale, selling,
LLP
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FREEMAN, FREEMAN & SMILEY,

12 distributing, and making false and misleading assertions of fact regarding the Non-
13 Compliant Products, the Defendants acts described above constitute unfair
(310) 255-6100

14 competition in violation of the Unfair Competition Law.


15 75. As a direct and proximate result of the Defendants conduct as
16 described above, Plaintiff has suffered irreparable harm insofar as the Defendants
17 conduct has damaged the business, reputation, goodwill, and integrity of Plaintiff
18 and its products, and insofar as Plaintiff has lost actual and prospective customers to
19 the Defendants.
20 76. While Plaintiff has suffered damages and continues to suffer damages
21 as a result of the Defendants conduct, monetary damages alone will not afford
22 Plaintiff adequate relief. As such, Plaintiff has no adequate remedy at law that will
23 compensate for the continued and irreparable harm it has suffered and will continue
24 to suffer if the Defendants conduct is allowed to continue.
25 77. Plaintiff is informed and believes and thereupon alleges that unless
26 enjoined by this Court, the Defendants, and any person or entity complicit or
27 participating with them, or each of them, will continue to engage in unfair
28 competition and unlawful conduct. Therefore, Plaintiff seeks injunctive relief as
3344152.2 25858-831
15
PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 16 of 31 Page ID #:16

1 further described herein.


2 78. Plaintiff is also informed and believes and thereupon alleges that the
3 Defendants have profited by reason of their acts of unfair competition and unlawful
4 acts as alleged herein. Therefore, Plaintiff also seeks an order requiring the
5 Defendants to disgorge all of their ill-gotten gains.
6 SEVENTH CAUSE OF ACTION
7 FALSE ADVERTISING IN VIOLATION OF THE FALSE ADVERTISING
8 LAW
9 (AGAINST ALL DEFENDANTS)
10 79. Plaintiff incorporates by this reference the allegations in paragraphs 1
11 through 78, above.
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12 80. California Business and Professions Code Section 17500, et seq.,


13 proscribes any act amounting to false advertising, including any act with intent to
(310) 255-6100

14 dispose of personal property, or to induce the public to enter into any obligation
15 relating thereto to make any untrue or misleading statement concerning any
16 circumstance or matter of fact connected with the proposed performance or
17 disposition thereof.
18 81. In advertising, marketing, promoting, offering for sale, selling,
19 distributing, and making false and misleading assertions of fact regarding the Non-
20 Compliant Products, the Defendants acts described above constitute false
21 advertising in violation of the False Advertising Law.
22 82. As a direct and proximate result of the Defendants conduct as
23 described above, Plaintiff has suffered irreparable harm insofar as the Defendants
24 conduct has damaged the business, reputation, goodwill, and integrity of Plaintiff
25 and its products, and insofar as Plaintiff has lost actual and prospective customers to
26 the Defendants.
27 83. While Plaintiff has suffered damages and continues to suffer damages
28 as a result of the Defendants conduct, monetary damages alone will not afford
3344152.2 25858-831
16
PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 17 of 31 Page ID #:17

1 Plaintiff adequate relief. As such, Plaintiff has no adequate remedy at law that will
2 compensate for the continued and irreparable harm it has suffered and will continue
3 to suffer if the Defendants conduct is allowed to continue.
4 84. Plaintiff is informed and believes and thereupon alleges that unless
5 enjoined by this Court, the Defendants, and any person or entity complicit or
6 participating with them, or each of them, will continue to engage in unfair
7 competition, false advertising, and unlawful conduct. Therefore, Plaintiff seeks
8 injunctive relief as further described herein.
9 85. Plaintiff is also informed and believes and thereupon alleges that the
10 Defendants have profited by reason of their acts of unfair competition, false
11 advertising, and unlawful acts as alleged herein. Therefore, Plaintiff also seeks an
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12 order requiring the Defendants to disgorge all of their ill-gotten gains.


13 EIGHTH CAUSE OF ACTION
(310) 255-6100

14 INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS


15 (AGAINST ALL DEFENDANTS)
16 86. Plaintiff incorporates by this reference the allegations in paragraphs 1
17 through 85, above.
18 87. At all times mentioned in this Complaint, Plaintiff enjoyed contractual
19 relationships with its customers, all of which contained the probability of future
20 economic benefits to Plaintiff. The nature of Plaintiffs relationship with each of
21 said customers was such that the relationship would normally continue, to the
22 benefit of Plaintiff, unless interfered with.
23 88. Plaintiff is informed and believes and thereupon alleges that the
24 Defendants knew of the existence and the nature of these contractual relationships
25 and intended to interfere with them.
26 89. Plaintiff is informed and believes and thereupon alleges that the
27 Defendants engaged in the conduct alleged hereinabove in conscious disregard of
28 Plaintiffs contractual relationships with its existing and potential clients. Plaintiff is
3344152.2 25858-831
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PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 18 of 31 Page ID #:18

1 informed and believes and thereupon alleges that the Defendants wrongful conduct
2 either has disrupted and will continue to disrupt those relationships.
3 90. As a direct and proximate result of the foregoing conduct by the
4 Defendants, Plaintiff has been damaged in an amount that cannot presently be
5 ascertained. Plaintiff is informed and believes and thereupon alleges that it will
6 incur additional damages in the future as long as the Defendants continue to engage
7 in the wrongful conduct alleged in this Complaint.
8 91. The conduct of the Defendants alleged herein was either malicious, in
9 that it was carried on with the intent to cause injury to Plaintiff, or despicable, in that
10 it was carried on with a conscious disregard for the rights of Plaintiff. In either case,
11 Plaintiff is entitled to an award of exemplary damages against the Defendants, and
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12 each of them, in an amount to be determined by the Court.


13 NINTH CAUSE OF ACTION
(310) 255-6100

14 INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC


15 RELATIONS
16 (AGAINST ALL DEFENDANTS)
17 92. Plaintiff incorporates by this reference the allegations in paragraphs 1
18 through 91, above.
19 93. At all times mentioned in this Complaint, Plaintiff enjoyed contractual
20 relationships with its customers, all of which contained the probability of future
21 economic benefits and relationships to Plaintiff. The nature of Plaintiffs
22 relationship with each of said customers was such that the relationship would
23 normally continue, to the benefit of Plaintiff, unless interfered with.
24 94. Plaintiff is informed and believes and thereupon alleges that the
25 Defendants knew of the existence and the nature of these contractual relationships,
26 and the prospective relationships, and intended to interfere with them.
27 95. Plaintiff is informed and believes and thereupon alleges that the
28 Defendants engaged in the conduct alleged hereinabove in conscious disregard of
3344152.2 25858-831
18
PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 19 of 31 Page ID #:19

1 Plaintiffs contractual relationships with its existing and potential clients. Plaintiff is
2 informed and believes and thereupon alleges that the Defendants wrongful conduct
3 either has disrupted and will continue to disrupt those relationships.
4 96. As a direct and proximate result of the foregoing conduct by the
5 Defendants, Plaintiff has been damaged in an amount that cannot presently be
6 ascertained. Plaintiff is informed and believes and thereupon alleges that it will
7 incur additional damages in the future as long as the Defendants continue to engage
8 in the wrongful conduct alleged in this Complaint.
9 97. The conduct of the Defendants alleged herein was either malicious, in
10 that it was carried on with the intent to cause injury to Plaintiff, or despicable, in that
11 it was carried on with a conscious disregard for the rights of Plaintiff. In either case,
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12 Plaintiff is entitled to an award of exemplary damages against the Defendants, and


13 each of them, in an amount to be determined by the Court.
(310) 255-6100

14 TENTH CAUSE OF ACTION


15 NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC
16 RELATIONS
17 (AGAINST ALL DEFENDANTS)
18 98. Plaintiff incorporates by this reference the allegations in paragraphs 1
19 through 97, above.
20 99. At all times mentioned in this Complaint, Plaintiff enjoyed contractual
21 relationships with its customers, all of which contained the probability of future
22 economic benefits and relationships to Plaintiff. The nature of Plaintiffs
23 relationship with each of said customers was such that the relationship would
24 normally continue, to the benefit of Plaintiff, unless interfered with.
25 100. Plaintiff is informed and believes and thereupon alleges that the
26 Defendants knew of the existence and the nature of these contractual relationships,
27 and the prospective relationships, and intended to interfere with them. At the very
28 least, the Defendants negligently interfered with these relationships.
3344152.2 25858-831
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PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 20 of 31 Page ID #:20

1 101. Plaintiff is informed and believes and thereupon alleges that the
2 Defendants engaged in the conduct alleged hereinabove negligently and in conscious
3 disregard of Plaintiffs contractual relationships with its existing and potential clients.
4 Plaintiff is informed and believes and thereupon alleges that the Defendants
5 wrongful conduct either has disrupted and will continue to disrupt those relationships.
6 102. As a direct and proximate result of the foregoing conduct by the
7 Defendants, Plaintiff has been damaged in an amount that cannot presently be
8 ascertained. Plaintiff is informed and believes and thereupon alleges that it will
9 incur additional damages in the future as long as the Defendants continue to engage
10 in the wrongful conduct alleged in this Complaint.
11 103. The conduct of the Defendants alleged herein was either malicious, in
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12 that it was carried on with the intent to cause injury to Plaintiff, or despicable, in that
13 it was carried on with a conscious disregard for the rights of Plaintiff. In either case,
(310) 255-6100

14 Plaintiff is entitled to an award of exemplary damages against the Defendants, and


15 each of them, in an amount to be determined by the Court.
16 ELEVENTH CAUSE OF ACTION
17 RESTITUTION TO AVOID UNJUST ENRICHMENT
18 (AGAINST ALL DEFENDANTS)
19 104. Plaintiff incorporates by this reference the allegations in paragraphs 1
20 through 103, above.
21 105. As alleged herein, the Defendants have profited by reason of their acts
22 of unfair competition, false advertising, and other unlawful, tortious acts as alleged
23 herein.
24 106. Under the circumstances, it would be inequitable for the Defendants to
25 retain the benefits of their ill-gotten gains. Plaintiff is therefore entitled to full
26 restitution and/or disgorgement by the Defendants of all revenues, earnings, profits
27 or other economic benefits earned at Plaintiffs detriment and expense. Otherwise,
28 the Defendants would be unjustly enriched.
3344152.2 25858-831
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PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 21 of 31 Page ID #:21

1 PRAYER FOR RELIEF


2 WHEREFORE, Plaintiff prays for judgment against all defendants, and each of
3 them, as follows:
4 1. For damages in an amount to be proved at trial;
5 2. For restitution;
6 3. For punitive and exemplary damages;
7 4. For treble damages;
8 5. For a temporary restraining order, and preliminary and permanent
9 injunctive relief:
10 (A) restraining and enjoining all Defendants, and anyone acting in
11 concert with or participating with them from engaging in, committing
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12 or performing, either directly or indirectly the following acts:


13 1) Infringing on Plaintiffs patent and trade dress rights;
(310) 255-6100

14 2) Promoting, marketing, advertising, offering for sale, selling, or


15 distributing any of the Non-Compliant Products, or similar
16 products, or otherwise causing any third party to promote,
17 market, advertise, offer for sale, sell, or distribute any of the
18 Non-Compliant Products, or similar products;
19 3) Publishing, advertising, and/or otherwise making any statement to
20 the public, either directly or indirectly, that states, implies or
21 suggests that the Non-Compliant Products, or similar products, are:
22 a) Certified or approved;
23 b) Child proof;
24 c) Compliant with state laws requiring child-resistant packaging;
25 or
26 d) Compliant with state regulations.
27 (B) restraining and enjoining MMC, and anyone acting in concert with
28 or participating with it from engaging in, committing or performing,
3344152.2 25858-831
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PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 22 of 31 Page ID #:22

1 either directly or indirectly the following acts:


2 1) Using any trademark that imitates or is confusingly similar to or
3 in any way similar to Plaintiffs 410 Registration for Pinch N
4 Slide, or that is likely to cause confusion, mistake, deception, or
5 public misunderstanding as to the origin of Plaintiffs products or
6 their connectedness to Defendants;
7 (C) directing and compelling all Defendants, and anyone acting in
8 concert with or participating to:
9 1) Deliver up for destruction all packages and receptacles in
10 Defendants possession, custody or control infringing upon
11 Plaintiffs 076 Patent and its trade dress rights;
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12 2) Prominently label the Non-Compliant Products, or similar


13 products, in such a way as to fully disclose to and caution all
(310) 255-6100

14 distributors, purchasers, and customers that the Non-Compliant


15 Products do not comply with the provisions of any federal, state,
16 or local laws or regulations involving child-resistant packaging,
17 do not meet the minimum requirements of the ASTM standards
18 involving child-resistant packaging, and are not child-resistant;
19 3) Prominently and fully disclose to and caution all past, present,
20 and future distributors, purchasers, and customers of the Non-
21 Compliant Products, or similar products that the Non-Compliant
22 Products do not comply with the provisions of any federal, state,
23 or local laws or regulations involving child-resistant packaging,
24 do not meet the minimum requirements of the ASTM standards
25 involving child-resistant packaging, and are not child-resistant,
26 including on all of defendants websites and other marketing
27 materials;
28
3344152.2 25858-831
22
PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 23 of 31 Page ID #:23

1 4) Post a copy on all of Defendants websites and provide a copy


2 of any temporary restraining order, preliminary injunction, or
3 permanent injunction to all past, present, and future distributors,
4 purchasers, and customers of the Non-Compliant Products,
5 including to all known persons that the defendants have provided
6 marketing materials to or to whom the defendants have made any
7 false or misleading claim in connection with the Non-Compliant
8 Products; and
9 5) File a report with the Court in writing and under oath setting
10 forth in detail the manner and form in which the defendants have
11 complied with any temporary restraining order, preliminary
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12 injunction, or permanent injunction.


13 6. For an award of attorneys fees, costs and expenses;
(310) 255-6100

14 7. For prejudgment and post-judgment interest as allowed by law;


15 8. For costs of suit incurred herein; and
16 9. For such other and further relief that the Court deems just and proper.
17
18 DATED: May 5, 2017 FREEMAN, FREEMAN & SMILEY, LLP
19
By: /s/ Arash Beral
20 ARASH BERAL
MATTHEW A. YOUNG
21
Attorneys for Plaintiff
22 A&A GLOBAL IMPORTS, INC.
23
24
25
26
27
28
3344152.2 25858-831
23
PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 24 of 31 Page ID #:24

1 DEMAND FOR JURY TRIAL


2 Plaintiff hereby demands a jury trial.
3
4 DATED: May 5, 2017 FREEMAN, FREEMAN & SMILEY, LLP
5
By: /s/ Arash Beral
6 ARASH BERAL
MATTHEW A. YOUNG
7
Attorneys for Plaintiff
8 A&A GLOBAL IMPORTS, INC.
9
10
11
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12
13
(310) 255-6100

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3344152.2 25858-831
24
PLAINTIFF A&A GLOBAL IMPORTS, INC.S COMPLAINT
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 25 of 31 Page ID #:25

EXHIBIT A
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 26 of 31 Page ID #:26
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 27 of 31 Page ID #:27
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 28 of 31 Page ID #:28
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 29 of 31 Page ID #:29
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 30 of 31 Page ID #:30
Case 2:17-cv-03442 Document 1 Filed 05/05/17 Page 31 of 31 Page ID #:31