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Stephen@Donigerlawfirm.Com Scott Alan Burroughs, Esq Case 2:20-cv-10327 Document 1 Filed 11/11/20 Page 1 of 19 Page ID #:1 1 Stephen M. Doniger, Esq. (SBN 179314) [email protected] 2 Scott Alan Burroughs, Esq. (SBN 235718) 3 [email protected] Trevor W. Barrett (SBN 287174) 4 [email protected] 5 Justin M. Gomes (SBN 301793) [email protected] 6 DONIGER / BURROUGHS 7 603 Rose Avenue Venice, California 90291 8 Telephone: (310) 590-1820 9 Attorneys for Plaintiff 10 11 UNITED STATES DISTRICT COURT 12 CENTRAL DISTRICT OF CALIFORNIA 13 ST. TROPICA, INC., a Nevada Case No.: 14 Corporation, 15 PLAINTIff’S COMPLAINT fOR: Plaintiff, 16 1. PATENT INFRINGEMENT 17 vs. Jury Trial Demanded 18 GIOVANNI COSMETICS, INC., a 19 California Corporation; ALBERTSONS 20 COMPANIES, INC., a Delaware Corporation, individually and doing 21 business as “Acme Markets,” 22 “Albertsons,” “Haggen,” “Jewel Osco,” “Lucky’s Market,” and “Vons”; THE 23 BARTELL DRUG COMPANY, a 24 Washington Corporation; BED BATH & BEYOND, INC., a New 25 York Corporation; BIG Y fOODS, INC., 26 a Massachusetts Corporation; BROOKSHIRE GROCERY COMPANY, 27 a Texas Corporation; BUSCH’S, INC., a 28 1 COMPLAINT Case 2:20-cv-10327 Document 1 Filed 11/11/20 Page 2 of 19 Page ID #:2 1 Michigan Corporation; COBORN’S, INCORPORATED, a Minnesota 2 Corporation; DIERBERGS MARKETS, 3 INC., a Missouri Corporation; THE KROGER CO., an Ohio Corporation, 4 individually and doing business as 5 “Dillons,” “Fred Meyer,” “Fry’s,” King Soopers,” “Kroger,” “Ralphs,” and 6 “Roundy’s”; EARTH fARE, INC., a 7 North Carolina Corporation; EARTH ORIGINS MARKET, a Florida business 8 entity of unknown form; fOOD LION, 9 LLC, a North Carolina Limited Liability Company; LAKES VENTURE, LLC, a 10 Delaware Limited Liability Company, 11 individually and doing business as “Fresh Thyme Market”; GELSON’S MARKETS, 12 a California Company; GIANT EAGLE, 13 Inc., a Pennsylvania Corporation; HANNAFORD BROS. CO., LLC, a 14 Maine Limited Liability Company; 15 HEINEN’S, INC., an Ohio Corporation; HY-VEE, INC., an Iowa Corporation; 16 INGLES MARKETS, INCORPORATED, 17 a North Carolina Corporation; LASSENS NATURAL fOODS & VITAMINS, 18 LLC, a California Company; LOWES 19 fOODS, LLC, a North Carolina Limited Liability Company; LUND fOOD 20 HOLDINGS, INC., a Minnesota 21 Corporation; MARKET Of CHOICE, INC., an Oregon Corporation; MEIJER, 22 Inc., a Michigan Corporation; 23 MOTHER’S MARKET & KITCHEN, INC., a Delaware Corporation; 24 NATIONAL COOPERATIVE 25 GROCERS ASSOCIATION, an Iowa business entity; NATURAL GROCERS 26 BY VITAMIN COTTAGE, INC., a 27 Delaware Corporation; NAVARRO 28 2 COMPLAINT Case 2:20-cv-10327 Document 1 Filed 11/11/20 Page 3 of 19 Page ID #:3 1 DISCOUNT PHARMACIES NO. 1, LLC, a florida Limited Liability Company; 2 NEW SEASONS MARKET, LLC, an 3 Oregon Limited Liability Company; NUGGET MARKET, INC., a California 4 Corporation; PHARMACA 5 INTEGRATIVE PHARMACY, INC., a Delaware Corporation; THE PRICE 6 CHOPPER, INC., a New York 7 Corporation; PUBLIX SUPER MARKETS, INC., a Florida Corporation; 8 ROCHE BROS., INC., a Massachusetts 9 Corporation; ROUSE’S ENTERPRISES, LLC, a Louisiana Limited Liability 10 Company; WAKEfERN fOOD CORP., a 11 New Jersey Corporation, individually and doing business as “ShopRite”; SPROUTS 12 FARMERS MARKET, INC., a Delaware 13 Corporation; TARGET CORPORATION, a Minnesota Corporation; THE FRESH 14 MARKET, INC., a New Hampshire 15 Corporation; WALMART, INC., a Delaware Corporation; WEGMANS 16 FOOD MARKETS, INC., a New York 17 Corporation; WHOLE fOODS MARKET SERVICES, INC., a Delaware 18 Corporation; YOKE’S FOODS, INC., a 19 Washington Corporation; and DOES 1-10, 20 Defendants. 21 22 23 24 Plaintiff, ST. TROPICA, INC. (“ST. TROPICA” or “Plaintiff”), by and 25 through its undersigned attorneys, hereby prays to this honorable Court for relief 26 based on the following: 27 28 3 COMPLAINT Case 2:20-cv-10327 Document 1 Filed 11/11/20 Page 4 of 19 Page ID #:4 1 INTRODUCTION 2 Plaintiff creates natural, cruelty-free, vegan, and environmentally friendly hair 3 and skin care products. Plaintiff’s business is predicated in part on its extensive 4 research and development of new and innovative products. One such critical 5 innovation was Plaintiff’s invention of microwaveable package hot oil hair treatments 6 – an invention for which Plaintiff holds a United States patent. The defendants in this 7 case have developed, created, imported, purchased, and/or sold without permission 8 product infringing Plaintiff’s proprietary patented invention. 9 JURISDICTION AND VENUE 10 1. This action arises under the Patent Act, Title 35 U.S.C., § 101 et seq. 11 2. This Court has federal question jurisdiction under 28 U.S.C. § 1331 and 1338 12 (a) and (b). 13 3. Venue in this judicial district is proper under 28 U.S.C. § 1391(c) and 1400(a) 14 in that this is the judicial district in which a substantial part of the acts and omissions 15 giving rise to the claims occurred. 16 PARTIES 17 4. Plaintiff ST. TROPICA is a corporation organized and existing under the 18 laws of the State of Nevada with its principal place of business located in Las Vegas, 19 Nevada, and is doing business in and with the State of California. 20 5. Plaintiff is informed and believes and thereon alleges that Defendant 21 GIOVANNI COSMETICS, INC., (“GIOVANNI”) is a corporation organized and 22 existing under the laws of the State of California with its principal place of business 23 located in Beverly Hills, California, and is doing business in and with the State of 24 California. 25 6. Plaintiff is informed and believes and thereon alleges that Defendant 26 ALBERTSONS COMPANIES, INC., individually and doing business as “Acme 27 Markets,” “Albertsons,” “Haggen,” “Jewel Osco,” “Lucky’s Market,” and “Vons” 28 4 COMPLAINT Case 2:20-cv-10327 Document 1 Filed 11/11/20 Page 5 of 19 Page ID #:5 1 (collectively “ALBERTSONS”) is a corporation organized and existing under the 2 laws of the State of Delaware with its principal place of business located at 250 3 Parkcenter Blvd. Boise, ID 83706, and is doing business in and with the State of 4 California. 5 7. Plaintiff is informed and believes and thereon alleges that Defendant THE 6 BARTELL DRUG COMPANY (“BARTELL”) is a corporation organized and 7 existing under the laws of the State of Washington with its principal place of 8 business located at 4025 Delridge Way SW, #400, Seattle, WA 98106, and is doing 9 business in and with the State of California. 10 8. Plaintiff is informed and believes and thereon alleges that Defendant BED 11 BATH & BEYOND, INC. (“BED BATH & BEYOND”) is a corporation organized 12 and existing under the laws of the State of New York with its principal place of 13 business located at 650 Liberty Ave., Union, NJ 07083, and is doing business in and 14 with the State of California. 15 9. Plaintiff is informed and believes and thereon alleges that Defendant BIG Y 16 FOODS, INC. (“BIG Y”) is a corporation organized and existing under the laws of 17 the State of Massachusetts with its principal place of business located at 2145 18 Roosevelt Ave., Springfield, MA 01104, and is doing business in and with the State 19 of California. 20 10. Plaintiff is informed and believes and thereon alleges that Defendant 21 BROOKSHIRE GROCERY COMPANY (“BROOKSHIRE”) is a corporation 22 organized and existing under the laws of the State of Texas with its principal place of 23 business located at P.O. Box 1411, Tyler, TX 75701, and is doing business in and 24 with the State of California. 25 11. Plaintiff is informed and believes and thereon alleges that Defendant 26 BUSCH’S, INC. (“BUSCH’S”) is a corporation organized and existing under the 27 laws of the State of Michigan with its principal place of business located at 2240 S. 28 5 COMPLAINT Case 2:20-cv-10327 Document 1 Filed 11/11/20 Page 6 of 19 Page ID #:6 1 Main Street, Ann Arbor, MI 48103, and is doing business in and with the State of 2 California. 3 12. Plaintiff is informed and believes and thereon alleges that Defendant 4 COBORN’S, INCORPORATED (“COBORN’S”) is a corporation organized and 5 existing under the laws of the State of Minnesota with its principal place of business 6 located at 1921 Coborn Blvd, PO Box 6146 St. Cloud, MN 56302, and is doing 7 business in and with the State of California. 8 13. Plaintiff is informed and believes and thereon alleges that Defendant 9 DIERBERGS MARKETS, INC. (“DIERBERGS”) is a corporation organized and 10 existing under the laws of the State of Missouri with its principal place of business 11 located at 16690 Swingley Ridge Road, Chesterfield, MO 63017, and is doing 12 business in and with the State of California. 13 14. Plaintiff is informed and believes and thereon alleges that Defendant THE 14 KROGER CO., individually and doing business as “Dillons,” “Fred Meyer,” 15 “Fry’s,” King Soopers,” “Kroger,” “Ralphs,” and “Roundy’s” (collectively 16 “KROGER”) is a corporation organized and existing under the laws of the State of 17 Ohio with its principal place of business located at 1014 Vine Street, Cincinnati, OH 18 45202, and is doing business in and with the State of California. 19 15. Plaintiff is informed and believes and thereon alleges that Defendant 20 EARTH FARE, INC. (“EARTH FARE”) is a corporation organized and existing 21 under the laws of the State of North Carolina with its principal place of business 22 located at 220 Continuum Drive, Fletcher, NC 28732, and is doing business in and 23 with the State of California. 24 16.
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