Daily Legal News - Common Pleas Notices

  • LEGAL NOTICE

    889577—Avery Products Corporation, et al. vs. Company Does 1-6, et al.

    Jianping Feng, whose last known place of residence is 247 SW 8th Street, Miami, Florida 33130-3529, otherwise whose place of residence is unknown; Minfang Xu whose last known place of residence is 247 SW 8th Street, Miami, Florida 33130-3529, otherwise whose place of residence is unknown, will take notice that on November 28, 2017, the undersigned, Avery Products Corporation and CCL Label, Inc., filed their complaint in the Court of Common Pleas, 1200 Ontario Street, Cleveland, Ohio 44113, of Cuyahoga County, Ohio, alleging that Company Does' unauthorized uses of the AVERY Marks are an effort by Company Does to pass off their online stores, and the non-Avery goods and services offered there, as originating from or sponsored by Avery; that Company Does' violations of the Ohio Deceptive Trade Practices Act were, and continue to be, willful; that Company Does' violations of the Ohio Deceptive Trade Practices Act entitle Avery to monetary and injunctive relief under Ohio Rev. Code § 4165.03; that as a direct and proximate result of the Company Does' deceptive trade practices, Avery has suffered damages in an amount exceeding $25,000; that as a direct and proximate result of Company Does' deceptive trade practices, Avery has suffered, and will continue to suffer, irreparable harm. Such harm will continue unless enjoined by this Court.

    Company Does' deceptive and unauthorized uses of the AVERY Marks are unfair competition in violation of the common law of Ohio and constitute unjust enrichment; that as a direct and proximate result of Company Does' unfair competition and unjust enrichment, Company Does' has obtained benefits, including sales and goodwill, that rightfully belong to Avery, and Avery has suffered damages in an amount exceeding $25,000; that as a direct and proximate result of Company Does' unfair competition and unjust enrichment, Avery has suffered, and will continue to suffer, irreparable harm. Such harm will continue unless enjoined by this Court.

    Wherefore, Avery prays for judgment against Company Does as follows:

    (A) Compensatory damages in an amount to be determined at trial.

    (B) An accounting and disgorgement of Company Does' ill-gotten profits.

    (C) Punitive damages.

    (D) Attorneys' fees.

    (E) Pre-judgment and post-judgment interest.

    (F) Costs of the action.

    (G) Preliminary and permanent injunctive relief, barring Company Does and others from: (i) using the AVERY Marks or anything confusingly similar to it in a domain name, as a business name, seller name, brand name, trade name, trademark, or service mark, or in any other manner that is likely to cause consumer confusion; and (ii) committing any of the other wrongful acts cited in this complaint.

    (H) The name and contact information of the supplier of the counterfeit goods bearing the AVERY Marks.

    (I) Such other and further relief as allowed at law or in equity that the Court deems to be appropriate and to which Avery is entitled.

    The defendants named above are required to answer on or before the 8th day of July, 2019.

    AVERY PRODUCTS CORPORATION AND CCL LABEL, INC.

    By Matthew J. Cavanagh and David B. Cupar, Attorneys for Plaintiff.

    May4-11-18-25Jun1-8, 2019

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