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Case 2:21-cv-05599 Document 1 Filed 07/09/21 Page 1 of 24 Page ID #:1

1 A. SASHA FRID (State Bar No. 216800) [email protected] 2 JEFFERY B. WHITE (State Bar No. 291086) [email protected] 3 MILLER BARONDESS, LLP 1999 Avenue of the Stars, Suite 1000 4 Los Angeles, California 90067 Telephone: (310) 552-4400 5 Facsimile: (310) 552-8400

6 Attorneys for Plaintiff ATELIER LUXURY GROUP, LLC 7

8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION 10 11 ATELIER LUXURY GROUP, LLC, a CASE NO.

12 Delaware limited liability company, COMPLAINT FOR:

13 Plaintiff, (1) CONTRIBUTORY TRADEMARK 14 COUNTERFEITING (15 U.S.C. v. § 1114); 15 (2) CONTRIBUTORY TRADEMARK 16 PEG TECH INC., a California INFRINGEMENT (15 U.S.C. corporation; and DOES 1-20, inclusive, § 1114); 17 (3) CONTRIBUTORY TRADEMARK 18 Defendants. DILUTION (15 U.S.C. § 1125(c)); 19 (4) CONTRIBUTORY FALSE 20 DESIGNATION OF ORIGIN AND FALSE DESCRIPTION (15 U.S.C. 21 § 1125(a)); AND 22 (5) CONTRIBUTORY UNFAIR 23 COMPETITION (CAL. BUS. & PROF. CODE § 17200) 24

[DEMAND FOR JURY TRIAL] 25 26 27 28

523340.1 COMPLAINT AND DEMAND FOR JURY TRIAL

Case 2:21-cv-05599 Document 1 Filed 07/09/21 Page 2 of 24 Page ID #:2

1 Plaintiff Atelier Luxury Group, LLC (“Plaintiff”) alleges in this complaint as 2 follows: 3 NATURE OF THE ACTION 4 1. This lawsuit seeks injunctive relief and damages against an internet 5 service provider that is knowingly allowing its services to be used to pedal 6 counterfeit fashion merchandise across the globe. 7 2. Plaintiff is the registered owner and creator of AMIRI. AMIRI is a 8 high-end luxury and ready-to-wear fashion label influenced by the rock ‘n’ roll, 9 punk and grunge culture in the United States in the 1980s and 1990s. AMIRI-brand 10 clothing, shoes and accessories have enjoyed massive success and wide publicity; 11 and AMIRI was recently described as the “First Luxury Superbrand” based in Los 12 Angeles. 13 3. Plaintiff sells tens of millions of dollars of AMIRI merchandise every 14 year in the United States and across the world. Plaintiff carefully curates the label’s 15 premier reputation by allowing AMIRI merchandise to be sold only on its own 16 website, https://amiri.com, in its Beverly Hills flagship retail store, and at select 17 luxury department stores and high-end fashion boutiques. Signature AMIRI pieces, 18 including the famous AMIRI MX1 denim jeans, retail for $1,150, or more. 19 4. In or about May 2021, Plaintiff discovered that a criminal enterprise 20 called AmiriOutlet was manufacturing, marketing and selling counterfeit AMIRI 21 merchandise. AmiriOutlet is run from inside the People’s Republic of China, and it 22 operates the website http://amirioutlet.online. Plaintiff’s investigation revealed that 23 Defendant PEG Tech Inc. (“Defendant”) is the web host for AmiriOutlet. As the 24 web host, Defendant allows AmiriOutlet to use its servers and other cloud-based 25 Internet services to make its website accessible to the public. 26 5. The AmiriOutlet website is filled with fake AMIRI products that are 27 held out as being authentic. On its home page, AmiriOutlet depicts the registered 28 AMIRI logo; represents to be an “AMIRI Official Discount Store” (false); and

523340.1 2 . COMPLAINT AND DEMAND FOR JURY TRIAL

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1 claims to sell “100% Original Products” of AMIRI (false). A screenshot of 2 AmiriOutlet’s home page is reproduced below. 3 4 5 6 7 8 9 10 11 12 13 AmiriOutlet home page (https://amirioutlet.online) 14 15 6. It gets worse. Within the site, AmiriOutlet purports to sell over 100 16 authentic AMIRI pieces at steeply-discounted prices. For example, AmiriOutlet 17 advertises, markets and sells counterfeit AMIRI MX1 Camo Jeans; counterfeit 18 AMIRI Bandana Print Jeans; counterfeit AMIRI Skel Top Sneakers; counterfeit 19 AMIRI Bandana B-Ball Shorts; counterfeit AMIRI Chemist Leather Star Jeans; and 20 many other counterfeit AMIRI pieces. In each case, AmiriOutlet represents that its 21 products are legitimate AMIRI apparel. They are not. 22 7. This is textbook counterfeiting. Under federal law, counterfeiting is a 23 felony that is punishable by fines and prison time. Defendant should have shut 24 down AmiriOutlet right away. It did not. Worse still, Defendant was notified by 25 Plaintiff of the unlawful activities occurring on the AmiriOutlet site using 26 Defendant’s servers. Plaintiff requested that Defendant take down the site 27 immediately. Defendant did nothing. In fact, Defendant has not even responded to 28 Plaintiff.

523340.1 3 . COMPLAINT AND DEMAND FOR JURY TRIAL

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1 8. The AmiriOutlet site is still up and running, and it is causing damage to 2 Plaintiff that increases every day. Plaintiff will continue to suffer injury, including 3 lost sales, diminished reputation in the marketplace and the dilution of its valuable 4 intellectual property, unless and until the Court puts a stop to it. Plaintiff has spent 5 enormous time and resources promoting AMIRI. It cannot stand by as AmiriOutlet, 6 with knowing aid and assistance from Defendant, continues to deliberately infringe, 7 dilute and misappropriate its valuable trademarks and designs. 8 9. On information and belief, Defendant is benefitting financially by 9 rendering web hosting services to AmiriOutlet. Further, Plaintiff believes that the 10 user(s) behind the AmiriOutlet website have created numerous counterfeit retail 11 websites that rip-off other high-end fashion brands, for which Defendant is also 12 compensated for its hosting services. Plaintiff believes that is why Defendant 13 refuses to take down AmiriOutlet or take any corrective action at all, despite having 14 actual knowledge of the illegal counterfeiting. 15 10. By this suit, Plaintiff seeks injunctive relief to shut down the 16 AmiriOutlet website, as well as compensatory damages, punitive damages, 17 attorneys’ fees and costs, and all other relief authorized under federal and California 18 law. 19 THE PARTIES 20 11. Plaintiff Atelier Luxury Group, LLC is a Delaware limited liability 21 company that is headquartered in Los Angeles, California. Plaintiff is the designer, 22 manufacturer, marketer and seller of AMIRI brand clothing, shoes and accessories. 23 12. Defendant PEG Tech Inc. is a California corporation, with its principal 24 place of business at 55 South Market Street, Suite 320, San Jose, California 95113. 25 Defendant is registered to do business in the State of California, and Plaintiff is 26 informed and believes that Defendant conducts substantial business within this 27 judicial district. Plaintiff is informed and believes that Defendant conducts business 28 under the trade name RAKsmart, and that it runs the website http://raksmart.com.

523340.1 4 . COMPLAINT AND DEMAND FOR JURY TRIAL

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1 13. Plaintiff is ignorant of the true names, capacities, relationships and 2 extent of participation in the conduct herein alleged of the Defendants sued herein as 3 DOES 1 through 20, inclusive, but on information and belief alleges that said 4 Defendants are legally responsible for it. Plaintiff will amend this complaint to 5 allege the true names and capacities of the DOE Defendants when ascertained. 6 SUBJECT MATTER JURISDICTION AND VENUE 7 14. This Court has jurisdiction over the federal counterfeiting, trademark 8 infringement, dilution and false designation of origin claims asserted in this action 9 under 28 U.S.C. § 1331 (federal question jurisdiction). 10 15. This Court has ancillary jurisdiction over the state law claims asserted 11 in this action under 28 U.S.C. § 1367 because they are related to the federal claims 12 that form part of the same case or controversy under Article III of the U.S. 13 Constitution. This Court also has jurisdiction over the state law claim for unfair 14 competition under 28 U.S.C. § 1338(b) because such claims are joined with a 15 substantial and related claim under the federal trademark laws. 16 16. Venue in this judicial district is proper pursuant to 28 U.S.C. 17 §§ 1391(b), 1391(c), 1391(d) and 1400(a) because, on information and belief, 18 Defendant resides within this judicial district and/or a substantial part of the events 19 or omissions giving rise to liability occurred in this judicial district. 20 PERSONAL JURISDICTION 21 17. This Court has personal jurisdiction over Defendant because it is 22 organized and has its headquarters in California, does substantial business in this 23 forum, and because the alleged acts of counterfeiting, trademark infringement, 24 dilution and federal and state unfair competition occurred in California. 25 FACTUAL ALLEGATIONS 26 A. Plaintiff’s High-End AMIRI Label And AMIRI Trademarks 27 18. Plaintiff is the creator of the luxury fashion brand AMIRI. Influenced 28 by the punk and grunge culture of the 1980s and 1990s, the AMIRI brand launched

523340.1 5 . COMPLAINT AND DEMAND FOR JURY TRIAL

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1 in 2013 as a ready-to-wear label with streetwear-inspired collections. Plaintiff is 2 responsible for creating, designing, assembling, finishing, marketing, and selling the 3 AMIRI brand clothing, shoes and accessories; and Plaintiff is responsible for 4 maintaining quality control over AMIRI pieces that are marketed and sold around 5 the world. 6 19. AMIRI brings luxury standards to a rock ‘n’ roll aesthetic in menswear, 7 womenswear, footwear, and accessories. The label has been described as “one of 8 the biggest businesses in the men’s ready-to-wear” market. The founder and 9 principal of Plaintiff, Michael Amiri (after whom the AMIRI brand is named), has 10 been described as “a modern cinderella story”—a fashion disruptor who “catapulted 11 to success” using social media, “landing him placement in top-tier stores and fans 12 among the Hollywood elite.” In 2017, GQ profiled Mr. Amiri and identified him as 13 among “[t]he three designers making the most wanted streetwear in America.” In 14 2018, Mr. Amiri was nominated for the Swarovski Award for Emerging Talent at 15 the CFDA Fashion Awards; and honored with the Emerging Talent Award at the 16 Footwear News Achievement Awards. In 2019, Mr. Amiri was nominated for the 17 Menswear Designer of the Year at the CFDA Fashion Awards. 18 20. At great expense, Plaintiff has created, developed, manufactured, 19 advertised, and marketed its products in such a way that they convey and are 20 associated with luxury products that meet the highest standards. AMIRI has been 21 celebrated by fashion-setters in the entertainment and sports communities, such as 22 LeBron James, Jay-Z, Madonna, Michael B. Jordan, Justin Bieber, Future, Kendall 23 Jenner, Lil Baby, Odell Beckham Jr., Courtney Love, Polo G, Kanye West, and 24 many others. 25 21. AMIRI clothes are featured only in select high-end retailers around the 26 world, including Barneys , and Galaries Lafayette. 27 Plaintiff recently opened a flagship AMIRI retail store on Rodeo Drive in Beverly 28 Hills. Plaintiff sells tens of millions of dollars in AMIRI merchandise every year,

523340.1 6 . COMPLAINT AND DEMAND FOR JURY TRIAL

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1 and is on track to hit $100 million in annual sales by the end of 2022. Plaintiff does 2 not have an AMIRI outlet store, nor has it ever authorized any person or business to 3 operate such a store. 4 22. Plaintiff owns several registered and common law trademarks over 5 AMIRI, including without limitation: 6 Mark Reg. No. Int’l Class Goods 7 AMIRI 5,324,134 025 Belts for clothing; Bottoms; Hats; Jackets; 8 Leather jackets; Leather pants; Leather shirts; Pants; Shirts; Shirts and short-sleeved shirts; 9 Tops. 10 AMIRI 5,017,318 025 Boots; Jeans; Shirts; Shoes; Sweaters; T-shirts; Denim jackets; Leather jackets. 11 AMIRI 5,452,854 014, 018, Key chains; key rings; Backpacks; leather 12 025, 035 bags; Clothing—namely, tops, shirts, t-shirts, 13 blouses, sweaters, cardigans, sweatshirts, jackets, pants, jeans, skirts, dresses, bodysuits, 14 scarves, bandanas; Footwear—namely, shoes, 15 sneakers, boots; Online retail store services featuring clothing, clothing accessories, bags, 16 footwear, keychains. 17 AMIRI 5,452,860 014, 018, Key chains; key rings; Backpacks; leather 18 025, 035 bags; Clothing—namely, tops, shirts, t-shirts, blouses, sweaters, cardigans, sweatshirts, 19 jackets, pants, jeans, skirts, dresses, bodysuits, 20 scarves, bandanas; Footwear—namely, shoes, sneakers, boots; Online retail store services 21 featuring clothing, clothing accessories, bags, 22 footwear, keychains. 23 AMIRI 6,262,587 035 Retail store services featuring clothing, clothing accessories, bags, footwear, 24 keychains, eyewear. 25 AMIRI 6,284,915 009 Eyewear; sunglasses. 26 27 23. These trademarks are in full force and effect, and Plaintiff intends to 28 continue to preserve and maintain its rights over these trademarks.

523340.1 7 . COMPLAINT AND DEMAND FOR JURY TRIAL

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1 24. The clothing, shoes and accessories that Plaintiff sells bearing one or 2 more of these trademarks, by reason of their style, distinctive designs and quality, 3 have come to be known to the public as being of the highest quality. As a result, the 4 trademarks and the goodwill associated with them are of significant value. Further, 5 Plaintiff’s trademarks have developed a secondary meaning with consumers because 6 of the popularity and success of the AMIRI brand. The products bearing such marks 7 are therefore immediately identified with Plaintiff. 8 B. AmiriOutlet Sells Counterfeit AMIRI Merchandise 9 25. AmiriOutlet runs the website with the URL https://amirioutlet.online.1 10 This website is used to sell counterfeit AMIRI merchandise under the false pretense 11 of being an AMIRI outlet store. The goods sold on this website were not made by 12 Plaintiff, nor were they manufactured, promoted, or sold with Plaintiff’s consent. 13 26. The home page of AmiriOutlet unlawfully uses the registered AMIRI 14 trademark, using a mark that is identical—in name, font, style, color, and 15 appearance—to the mark used and registered by Plaintiff. 16 17 18

19 Plaintiff’s home page AmiriOutlet’s home page (https://amiri.com) (https://amirioutlet.online) 20 21 27. At the top of its home page, AmiriOutlet also falsely claims to be an 22 “Official Discount Store” for AMIRI merchandise, and falsely claims to sell “100% 23 Original Products” of AMIRI, as shown below. 24 25 26 27 1 28 The website is also available at http://amirioutletstore.com.

523340.1 8 . COMPLAINT AND DEMAND FOR JURY TRIAL

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1 2 3 4 5

6 AmiriOutlet’s home page (https://amirioutlet.online) 7 8 28. The site lists a total of 103 counterfeit items for sale across five 9 categories: (i) Outerwear; (ii) Denim; (iii) Sneakers; (iv) T-shirt; and 10 (v) Sweatpants. Each of the items is held out as being an authentic AMIRI piece. 11 On some, the “AMIRI” mark is featured prominently on the merchandise itself. On 12 what appears to be all or nearly all of the pieces, there is also a counterfeit AMIRI 13 tag in white text against a black label—closely imitating the black-and-white tag 14 that appears on authentic AMIRI pieces. 15 16 17 18 19 20 21 22 23 24 25 Counterfeit Amiri T-Shirt Swim Shorts w/Counterfeit Amiri Label 26 27 29. In still other instances, AmiriOutlet is selling merchandise—like 28 counterfeit AMIRI Bandana Shorts—using images that were copied directly from

523340.1 9 . COMPLAINT AND DEMAND FOR JURY TRIAL

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1 Plaintiff’s own website. 2 3 4 5 6 7 8 9

10 Image of Plaintiff’s AMIRI Bandana B- Image of Counterfeit Amiri Bandana Ball Shorts (https://amiri.com) Shorts (https://amirioutlet.online) 11 12 30. Many other items listed on the AmiriOutlet site closely resemble the 13 corresponding AMIRI piece—for example, the AMIRI Hollywood Trucker Jacket, 14 the Stich AMIRI Tee, and the Chemist Leather Stars Jeans. Such similarity is 15 intended to make the consumer believe they are buying a legitimate Amiri product. 16 17 18 19 20 21 22 23

24

25 Plaintiff’s AMIRI Hollywood Trucker Counterfeit Amiri Classic Fashion 26 Jacket Trucker Jacket 27 28

523340.1 10 . COMPLAINT AND DEMAND FOR JURY TRIAL

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1 2 3 4 5 6 7 8

9 10 Plaintiff’s AMIRI Core Logo Tee Counterfeit Stich Amiri Tee 11 12 13 14 15 16 17 18

19 Plaintiff’s Chemist Leather Stars Jeans Counterfeit Leather Stars Jeans 20 21 31. The sale of counterfeit AMIRI pieces on AmiriOutlet is unlawful. 22 Under federal law, counterfeiting is a felony that is punishable by fines up to 23 $5 million, per offense, and imprisonment of 10 years. 18 U.S.C. § 2320(b). 24 C. Defendant’s Contributory Counterfeiting And Infringement Acts 25 32. Defendant is an Internet Service Provider (“ISP”) that provides 26 “hosting” services to retail, social networking, mobile gaming, and other 27 e-commerce websites. While the content of the sites is set by Defendant’s clients, 28 Defendant itself supplies the servers and other technology that allow the sites to be

523340.1 11 . COMPLAINT AND DEMAND FOR JURY TRIAL

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1 accessible to the viewing public. Defendant has its physical office in the heart of 2 Silicon Valley. 3 33. After Plaintiff discovered the counterfeit AmiriOutlet website, it 4 conducted an investigation and learned that Defendant was providing hosting 5 services for the site. When a user registers a new website address, the Internet 6 Corporation for Assigned Names and Numbers (“ICANN”) requires the user’s 7 contact information and certain other background data to be saved on the WHOIS 8 database. A search of the WHOIS database confirms that Defendant is the web host 9 for AmiriOutlet. A copy of the search results (as obtained from two different 10 sources) is attached as Exhibit “1” to this complaint.2 11 34. Plaintiff is informed and believes that Defendant is collecting service 12 fees in return for providing hosting services to AmiriOutlet. It is Plaintiff’s belief 13 that Defendant is communicating regularly with the owner(s) of AmiriOutlet in 14 connection with the services it provides and the fees it collects. As the web host, 15 Defendant also has the capability to shut down the AmiriOutlet website by disabling 16 access to its servers. 17 35. The AmiriOutlet website is a blatant criminal enterprise—and it should 18 have been shut down right away. Defendant cannot claim ignorance because it was 19 made aware of what AmiriOutlet was doing months ago—and has chosen to do 20 nothing. 21 36. Soon after it discovered that Defendant was providing hosting services 22 to AmiriOutlet, Plaintiff contacted Defendant to request that AmiriOutlet be shut 23 down. Plaintiff sent a written correspondence by FedEx overnight delivery to 24 (1) Wei Zhang, Defendant’s Chief Executive Officer; and (2) Steven Pickett, 25 Defendant’s registered agent for service of process. A copy of Plaintiff’s letter,

26 2 Other identifying information for AmiriOutlet—including the name and address of 27 the user(s) behind the website—has been blocked, although the search results show 28 that the site is being run from inside the People’s Republic of China.

523340.1 12 . COMPLAINT AND DEMAND FOR JURY TRIAL

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1 dated May 28, 2021, is attached as Exhibit “2” to this complaint. The 2 confirmations showing the letters were delivered by FedEx overnight delivery are 3 attached as Exhibit “3” to this complaint. 4 37. In the letter, Plaintiff reviewed how Defendant was providing hosting 5 services that assisted the sale of counterfeit clothing by AmiriOutlet. The letter 6 requested that AmiriOutlet be taken offline immediately. 7 38. It has now been over six weeks. Defendant never responded to 8 Plaintiff—and AmiriOutlet is still online. Even though Defendant has been aware 9 of the illegal counterfeiting occurring on its platform, it has chosen to do nothing 10 because it wants to keep collecting fees. 11 39. To that end, Plaintiff is informed and believes that the user(s) behind 12 AmiriOutlet have set up other websites to sell counterfeit . For 13 example, the support email address listed on the AmiriOutlet website 14 ([email protected]) is the same support email address listed on another 15 counterfeit website—https://goyardoutlet.online. This site sells fake handbags and 16 other leather goods that are knockoffs of luxury retailer Maison . 17 40. Similarly, the telephone number for customer support listed on 18 AmiriOutlet—(530) 230-3376—is the same telephone number for customer support 19 listed on another counterfeit website—http://www.louboutinoutlet.online/. This site 20 sells fake boots, heels, loafers, and other footwear that are knockoffs of luxury 21 retailer . 22 41. On information and belief, Defendant is aware of these other 23 counterfeit websites, but is continuing to provide hosting services in order to 24 continue pocketing fees from the owner(s). Unless this Court intervenes, it appears 25 that Defendant will take no action at all. 26 D. Injury To Atelier 27 42. Because Defendant refuses to take any action, Plaintiff is incurring 28 damages that increase every day. On information and belief, customers and

523340.1 13 . COMPLAINT AND DEMAND FOR JURY TRIAL

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1 potential customers who come into contact with the AmiriOutlet website are likely 2 to be confused as to the source or sponsorship of, or the site’s association or 3 affiliation with, the legitimate AMIRI brand. 4 43. That is by design because AmiriOutlet wants to confuse the public. 5 The website falsely represents to be an “AMIRI Official Discount Store” and falsely 6 represents to sell “100% Original Products” of AMIRI. A consumer who visits the 7 AmiriOutlet site would be led to believe that AmiriOutlet offers for sale over 100 8 authentic AMIRI pieces. In reality, everything on the site is fake. 9 44. AmiriOutlet has misappropriated and exploited Plaintiff’s valuable 10 trade dress without permission and without compensation to Plaintiff. Even though 11 the products sold by AmiriOutlet are intended to look and feel like AMIRI’s 12 signature pieces, the quality of AmiriOutlet’s merchandise is vastly inferior. 13 Plaintiff manufactures its AMIRI garments with the highest quality denim, leather 14 and other fabrics, and uses a painstaking production process whereby every item is 15 treated by hand over a period of several months. AmiriOutlet sells its products for a 16 small fraction of the price because its goods are of poor quality. 17 45. Because AmiriOutlet’s merchandise misappropriates the AMIRI mark 18 and closely imitates the distinctive clothing, shoes and accessories sold under the 19 AMIRI label, its actions create a possibility that AMIRI will no longer serve as a 20 unique identifier of Plaintiff’s goods to consumers, both in the United States and 21 abroad. The site therefore diminishes the apparent exclusivity of genuine AMIRI 22 pieces and dilutes the brand. Further, the inferior quality of AmiriOutlet’s clothing, 23 shoes and accessories will tarnish the reputation that Plaintiff has worked very hard 24 to develop, and on which Plaintiff has spent hundreds of thousands of dollars in 25 promotions and advertising. As a result, Plaintiff will suffer lost sales and foregone 26 business because of the improper and negative associations between Plaintiff’s 27 brand and AmiriOutlet’s inferior knock-offs. 28 46. Defendant’s refusal to take any corrective action after being put on

523340.1 14 . COMPLAINT AND DEMAND FOR JURY TRIAL

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1 notice was done in bad faith, and with full knowledge of Plaintiff’s intellectual 2 property rights. As a result, the consuming public is likely to believe that 3 AmiriOutlet merchandise is sponsored, licensed, authorized by, affiliated, 4 connected, or otherwise associated with the legitimate AMIRI label. 5 47. Plaintiff has sustained and will continue to sustain damages as a result 6 of this wrongful conduct. Plaintiff will continue to suffer irreparable damage and 7 harm to its reputation and sustain additional lost profits until Defendant is forced to 8 shut down the counterfeit AmiriOutlet website. 9 FIRST CLAIM FOR RELIEF 10 (Contributory Trademark Counterfeiting (15 U.S.C. § 1114)) 11 48. Plaintiff repeats and re-alleges each and every foregoing and 12 subsequent allegation contained in the complaint, and further alleges as follows: 13 49. Plaintiff owns several registered and common law trademarks over 14 AMIRI, including without limitation, USPTO Reg. Nos. 5,324,134; 5,017,318; 15 5,452,854; 5,452,860; 6,262,587; and 6,284,915. Plaintiff has extensively used and 16 continuously promoted these marks in commerce. 17 50. Defendant is the web host for a counterfeit retail website called 18 AmiriOutlet. The AmiriOutlet site is engaging in unlawful conduct by its 19 promotion, advertisement, offer for sale, sale, and distribution of more than 100 20 pieces of counterfeit AMIRI merchandise in violation of the federal trademark laws. 21 51. Defendant has actual knowledge of AmiriOutlet’s illegal activities 22 from, among other things, written notification sent by Plaintiff on or about May 28, 23 2021, which was delivered by FedEx overnight delivery to Defendant’s Chief 24 Executive Officer and registered agent for service of process. Plaintiff’s notification 25 advised Defendant that its servers and other cloud-based hosting services were being 26 used to pedal counterfeit goods, and it requested that Defendant take down the site 27 immediately. 28 52. Defendant has taken no action in response to Plaintiff’s notice.

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1 Specifically, Defendant has not responded to Plaintiff, has not removed the 2 AmiriOutlet website from its servers, and has not taken any steps to eliminate the 3 sale of counterfeit goods from AmiriOutlet’s website. To the contrary, Defendant is 4 knowingly contributing to and supporting AmiriOutlet’s unlawful conduct by 5 hosting the AmiriOutlet website, and, on information and belief, communicating 6 regularly with the owner(s) of the site, facilitating communication between 7 AmiriOutlet and members of the public, and continuing to collect fees from 8 AmiriOutlet for its hosting services. 9 53. Defendant therefore bears contributory liability for AmiriOutlet’s 10 unlawful counterfeiting of Plaintiff’s registered trademarks and other intellectual 11 property rights under federal law. 12 54. Plaintiff is entitled to injunctive relief shutting down the site because it 13 has no adequate remedy at law, and has suffered irreparable harm and damage as a 14 result of the contributory counterfeiting conduct of Defendant. In addition, Plaintiff 15 has sustained damages as a result of Defendant’s unlawful conduct in an amount to 16 be proven at trial, but believed to be no less than One Million Dollars ($1,000,000) 17 per trademark, per counterfeit. 18 SECOND CLAIM FOR RELIEF 19 (Contributory Trademark Infringement (15 U.S.C. § 1114)) 20 55. Plaintiff repeats and re-alleges each and every foregoing and 21 subsequent allegation contained in the complaint, and further alleges as follows: 22 56. Plaintiff owns several registered and common law trademarks over 23 AMIRI, including without limitation, USPTO Reg. Nos. 5,324,134; 5,017,318; 24 5,452,854; 5,452,860; 6,262,587; and 6,284,915. Plaintiff has extensively used and 25 continuously promoted these marks in commerce. 26 57. Defendant is the web host for AmiriOutlet, which is committing 27 trademark infringement through its promotion, advertisement, offer for sale, sale, 28 and distribution of more than 100 pieces of counterfeit AMIRI merchandise in

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1 violation of the federal trademark laws. 2 58. Defendant has actual knowledge of AmiriOutlet’s infringement from, 3 among other things, written notification sent by Plaintiff on or about May 28, 2021, 4 which was delivered by FedEx overnight delivery to Defendant’s Chief Executive 5 Officer and registered agent for service of process. Plaintiff’s notification advised 6 Defendant that its servers and other cloud-based hosting services were being used to 7 pedal counterfeit goods, and it requested that Defendant take down the site 8 immediately. 9 59. Defendant has taken no action in response to Plaintiff’s notice. 10 Defendant has not responded to Plaintiff, has not removed the AmiriOutlet website 11 from its servers, and has not taken any steps to eliminate the sale of counterfeit 12 goods from AmiriOutlet’s website. To the contrary, Defendant is knowingly 13 contributing to and supporting AmiriOutlet’s trademark infringement by hosting the 14 AmiriOutlet website, and, on information and belief, communicating regularly with 15 the owner(s) of the site, facilitating communication between AmiriOutlet and 16 members of the public, and continuing to collect fees from AmiriOutlet for its 17 hosting services. 18 60. Defendant therefore bears contributory liability for AmiriOutlet’s acts 19 of trademark infringement under federal law. 20 61. Plaintiff is entitled to injunctive relief shutting down the site because it 21 has no adequate remedy at law, and has suffered irreparable harm and damage as a 22 result of the acts of trademark infringement. In addition, Plaintiff has sustained 23 damages as a result of Defendant’s unlawful conduct in an amount to be proven at 24 trial, but believed to be no less than One Million Dollars ($1,000,000) per 25 trademark, per counterfeit. 26 THIRD CLAIM FOR RELIEF 27 (Contributory Trademark Dilution (15 U.S.C. § 1125(c))) 28 62. Plaintiff repeats and re-alleges each and every foregoing and

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1 subsequent allegation contained in the complaint, and further alleges as follows: 2 63. Plaintiff owns several registered and common law trademarks over 3 AMIRI, including without limitation, USPTO Reg. Nos. 5,324,134; 5,017,318; 4 5,452,854; 5,452,860; 6,262,587; and 6,284,915. Plaintiff has extensively used and 5 continuously promoted these marks in commerce. 6 64. Defendant is the web host for AmiriOutlet, and has actual knowledge 7 that AmiriOutlet is committing trademark infringement through its promotion, 8 advertisement, offer for sale, sale, and distribution of more than 100 pieces of 9 counterfeit AMIRI merchandise in violation of the federal trademark laws. 10 65. Despite its knowledge, Defendant has taken no action to curtail the sale 11 of counterfeit AMIRI merchandise over its servers. To the contrary, Defendant is 12 knowingly contributing to and supporting AmiriOutlet’s trademark infringement by 13 hosting the AmiriOutlet website, and, on information and belief, communicating 14 regularly with the owner(s) of the site, facilitating communication between 15 AmiriOutlet and members of the public, and continuing to collect fees from 16 AmiriOutlet for its hosting services. 17 66. Defendant’s actions and inaction demonstrate a willful disregard of 18 Plaintiff’s trademark rights, and will continue to cause damage to the goodwill and 19 business reputation associated with Plaintiff’s marks. Because AmiriOutlet’s 20 merchandise misappropriates the AMIRI mark and closely imitates the distinctive 21 clothing, shoes and accessories sold under the AMIRI label, its actions create a 22 possibility that AMIRI will no longer serve as a unique identifier of Plaintiff’s 23 goods to consumers, both in the United States and abroad. This dilutes the 24 distinctiveness and value of the famous AMIRI trademarks in violation of 15 U.S.C. 25 § 1125(c). 26 67. Defendant therefore bears contributory liability for AmiriOutlet’s acts 27 of trademark dilution under federal law. 28 68. Plaintiff is entitled to injunctive relief shutting down the site because it

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1 has no adequate remedy at law, and has suffered irreparable harm and damage as a 2 result of the acts of trademark infringement. In addition, Plaintiff has sustained 3 damages as a result of Defendant’s unlawful conduct in an amount to be proven at 4 trial, but believed to be no less than One Million Dollars ($1,000,000) per 5 trademark, per counterfeit. 6 FOURTH CLAIM FOR RELIEF 7 (Contributory False Designation of Origin and False Description 8 (15 U.S.C. § 1125(a))) 9 69. Plaintiff repeats and re-alleges each and every foregoing and 10 subsequent allegation contained in the complaint, and further alleges as follows: 11 70. Plaintiff’s trademarks signify to consumers that goods bearing the 12 AMIRI mark are made by Plaintiff and are of the highest quality. Plaintiff has 13 derived goodwill and value from this identification, which Plaintiff has furthered 14 through its extensive advertising and promotional efforts. 15 71. Defendant is the web host for AmiriOutlet, which is unlawfully 16 pedaling counterfeit goods through its promotion, advertisement, offer for sale, sale, 17 and distribution of more than 100 pieces of counterfeit AMIRI merchandise in 18 violation of the federal trademark laws. Defendant has actual knowledge of this 19 conduct, but has taken no steps to stop it even after being put on written notice by 20 Plaintiff. 21 72. As a consequence of Defendant’s aid and assistance to the AmiriOutlet 22 website, the consuming public will no longer recognize and identify Plaintiff as the 23 single source of apparel bearing the AMIRI trademark. Defendant is therefore 24 contributing to AmiriOutlet’s false description of goods, within the meaning of 15 25 U.S.C. § 1125(a)(1), and is likely to cause confusion, mistake or deception by the 26 public concerning the source of origin as between Defendant’s goods and those of 27 Plaintiff, and/or to cause confusion, mistake or deception as to the affiliation, 28 connection, association, origin, sponsorship or approval of Defendant’s goods with

523340.1 19 . COMPLAINT AND DEMAND FOR JURY TRIAL

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1 or by Plaintiff or, alternatively, that the public will mistakenly believe that 2 Defendant’s goods are somehow associated with Plaintiff’s goods. 3 73. Defendant therefore bears contributory liability for AmiriOutlet’s acts 4 of false designation of origin and false description under federal law. 5 74. Plaintiff is entitled to injunctive relief shutting down the site because it 6 has no adequate remedy at law, and has suffered irreparable harm and damage as a 7 result of the acts of trademark infringement. In addition, Plaintiff has sustained 8 damages as a result of Defendant’s unlawful conduct in an amount to be proven at 9 trial, but believed to be no less than One Million Dollars ($1,000,000) per 10 trademark, per counterfeit. 11 FIFTH CLAIM FOR RELIEF 12 (Contributory Unfair Competition (Cal. Bus. & Prof. Code § 17200)) 13 75. Plaintiff repeats and re-alleges each and every foregoing and 14 subsequent allegation contained in the complaint, and further alleges as follows: 15 76. Plaintiff is, and at all relevant times was, the owner of all right, title and 16 interest in AMIRI. Plaintiff’s registered trademarks signify to consumers that goods 17 bearing the AMIRI mark are made by Plaintiff and are of the highest quality. 18 Plaintiff has derived goodwill and value from this identification, which Plaintiff has 19 furthered through its extensive advertising and promotional efforts. 20 77. Defendant is the web host for AmiriOutlet, which is unlawfully 21 pedaling counterfeit goods through its promotion, advertisement, offer for sale, sale, 22 and distribution of more than 100 pieces of counterfeit AMIRI merchandise in 23 violation of the federal trademark laws. Since May 2021, Defendant has had actual 24 knowledge of AmiriOutlet’s counterfeiting activities, but has taken no steps to stop 25 it even after being put on written notice by Plaintiff. 26 78. Instead, Defendant is knowingly contributing to and supporting 27 AmiriOutlet’s unlawful activities by hosting the AmiriOutlet website, and, on 28 information and belief, communicating regularly with the owner(s) of the site,

523340.1 20 . COMPLAINT AND DEMAND FOR JURY TRIAL

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1 facilitating communication between AmiriOutlet and members of the public, and 2 continuing to collect fees from AmiriOutlet for its hosting services. 3 79. Defendant’s conduct constitutes unfair and deceptive acts or practices 4 in the course of a business, trade or commerce in violation of California Business 5 and Professions Code § 17200. 6 80. Plaintiff is entitled to injunctive relief shutting down the site because it 7 has no adequate remedy at law, and has suffered irreparable harm and damage as a 8 result of the acts of trademark infringement. In addition, Plaintiff has sustained 9 damages as a result of Defendant’s unlawful conduct in an amount to be proven at 10 trial, but believed to be no less than One Million Dollars ($1,000,000) per 11 trademark, per counterfeit. Plaintiff also requests punitive damages for Defendant’s 12 fraudulent and malicious acts. 13 PRAYER FOR RELIEF 14 WHEREFORE, Plaintiff respectfully requests that the Court grant the 15 following relief: 16 (1) Enter judgment in Plaintiff’s favor, finding that Defendant is liable for 17 (a) contributory trademark counterfeiting, in violation of 15 U.S.C. 18 § 1114; (b) contributory trademark infringement, in violation of 15 19 U.S.C. § 1114; (c) contributory trademark dilution, in violation of 15 20 U.S.C. § 1125(c); (d) contributory false designation of origin and false 21 description, in violation of 15 U.S.C. § 1125(a); and (e) contributory 22 unfair competition, in violation of Cal. Bus. & Prof. Code § 17200. 23 (2) That the Court enter an injunction that is binding on Defendant, its 24 agents, employees, and all other persons in privity or acting in concert 25 with Defendant, as follows: 26 a. That Defendant, within seven (7) days of judgment, take all steps 27 necessary to remove from its servers and any and all servers 28 under its control or authority, the AmiriOutlet website, having

523340.1 21 . COMPLAINT AND DEMAND FOR JURY TRIAL

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1 the domain name http://amirioutlet.online and/or 2 http://amirioutletstore.com; 3 b. That Defendant, within seven (7) days of judgment, take all steps 4 necessary to remove from its servers and any and all servers 5 under its control or authority, all websites and all text or other 6 media that purport to promote, advertise, offer for sale, sell, 7 and/or distribute any products bearing counterfeit AMIRI 8 trademarks, any other counterfeit AMIRI merchandise, and/or 9 any other websites having any of the AMIRI trademarks in the 10 domain name; and 11 c. That Defendant, within thirty (30) days of judgment, file and 12 serve Plaintiff with a sworn statement setting forth in detail the 13 manner and form in which Defendant has complied with this 14 injunction, pursuant to 15 U.S.C. § 1116(a). 15 (3) That Defendant be required to account to Plaintiff for all profits 16 resulting from Defendant’s hosting of the AmiriOutlet website and any 17 other websites that sell merchandise bearing counterfeit AMIRI 18 trademarks, and that the award to Plaintiff be trebled as provided for 19 under 15 U.S.C. § 1117; or, alternatively, that Plaintiff be awarded 20 statutory damages under 15 U.S.C. § 1117(c) of up to $1 million for 21 each mark Defendant has caused or allowed to be counterfeited; 22 (4) That Plaintiff be awarded punitive damages for Defendant’s willful and 23 malicious acts of unfair competition; 24 (5) That Plaintiff be awarded its reasonable attorneys’ fees and costs; and 25 (6) That Plaintiff be awarded all further relief that the Court deems just and 26 proper. 27 28

523340.1 22 . COMPLAINT AND DEMAND FOR JURY TRIAL

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1 DATED: July 9, 2021 MILLER BARONDESS, LLP 2

3 By: 4 A. SASHA FRID 5 Attorneys for Plaintiff 6 ATELIER LUXURY GROUP, LLC

7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

523340.1 23 . COMPLAINT AND DEMAND FOR JURY TRIAL

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1 DEMAND FOR JURY TRIAL 2 By its undersigned attorney, Plaintiff Atelier Luxury Group, LLC hereby 3 demands a jury trial. 4 5 DATED: July 9, 2021 MILLER BARONDESS, LLP 6

7 By: 8 A. SASHA FRID 9 Attorneys for Plaintiff 10 ATELIER LUXURY GROUP, LLC

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

523340.1 24 . COMPLAINT AND DEMAND FOR JURY TRIAL

JS 44 (Rev. 04/21) Case 2:21-cv-05599 DocumentCIVIL COVER4 Filed 07/09/21 SHEET Page 1 of 2 Page ID #:44 The JS 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 by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS ATELIER LUXURY GROUP, LLC, a Delaware limited liability company PEG TECH INC., et al. (b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) A. Sasha Frid / MILLER BARONDESS, LLP 1999 Avenue of the Stars, #1000, Los Angeles, CA 90067

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) 1 U.S. Government✖ 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions. CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act 120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a)) 140 Negotiable Instrument Liability 367 Health Care/ INTELLECTUAL 400 State Reapportionment 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust & Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking 151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce 152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and (Excludes Veterans) 345 Marine Product Liability ✖ 840 Trademark Corrupt Organizations 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692) 160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer 190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act 195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV 196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/ 362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts 210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters 220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information 230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act 240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration 245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure 290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of Employment Other: 462 Naturalization Application Agency Decision 446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of Other 550 Civil Rights Actions State Statutes 448 Education 555 Prison Condition 560 Civil Detainee - Conditions of Confinement V. ORIGIN (Place an “X” in One Box Only) ✖ 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation - (specify) Transfer Direct File Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 15 U.S.C. § 1114; 15 U.S.C. § 1125(c); 15 U.S.C. § 1125(a); Cal. Bus. & Prof. Code § 17200 VI. CAUSE OF ACTION Brief description of cause: Contributory Trademark Counterfeiting; Contributory Trademark Infringement; Contributory Trademark Dilution; Contributory False Designation; etc. VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ✖ Yes No VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD July 9, 2021 FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE JS 44 Reverse (Rev. 04/21)Case 2:21-cv-05599 Document 4 Filed 07/09/21 Page 2 of 2 Page ID #:45 INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet

The JS 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 by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating 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 Rule 8(a), F.R.Cv.P., 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. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 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. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 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 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 there are multiple nature of suit codes associated with the case, pick the nature of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE NOTE THAT THERE IS NOT AN 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 Rule 23, F.R.Cv.P. 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 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.