A & A Global Imports v. CBJ Distributing (Cannabiz) - Complaint

Case 2:19-cv-02005 Document 1 Filed 11/19/19 Page 1 of 17
1 Michael J. McCue
Nevada Bar No. 6055
2 Meng Zhong
Nevada Bar No. 12145
3 Lewis Roca Rothgerber Christie LLP
3993 Howard Hughes Parkway, Suite 600
4 Las Vegas, Nevada 89169
Telephone: (702) 949-8224
5 E-mail: mmccue@lrrc.com
E-mail: mzhong@lrrc.com
6
Mark B. Mizrahi (pro hac application to be filed)
7 California Bar No. 179384
Arash Beral (pro hac application to be filed)
Freeman Freeman & Smiley, LLP
9 1888 Century Park East, Suite 1500
Los Angeles, CA 90067
10 Telephone: (310) 255-6100
E-mail: mark.mizrahi@ffslaw.com
11 E-mail: arash.beral@ffslaw.com
3993 Howard Hughes Pkwy, Suite 600
12 Attorneys for Plaintiff

A&A Global Imports, Inc.
Las Vegas, NV 89169-5996
13
14 UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
15
16 A&A GLOBAL IMPORTS, INC., Case No.: 2:19-cv-02005
a California corporation,
17
Plaintiff, PLAINTIFF A&A GLOBAL
18 IMPORTS, INC.’S COMPLAINT
vs.
19
CBJ DISTRIBUTING LLC d/b/a
20 CANNABIZ SUPPLY, a Nevada limited
liability company; THC LABEL
21 SOLUTIONS, a California company,
22 Defendants.
23
24 For its Complaint, Plaintiff A&A Global Imports, Inc. alleges as follows:
25 NATURE OF THE CASE
26 1. This is an action against Defendants for patent infringement under 35 U.S.C. §
27 271, trade dress infringement and unfair competition under 15 U.S.C. § 1125(a), Deceptive
28 Trade Practices under N.R.S. § 598.0903 et seq., and other claims under Nevada law.
109770071.1
1 JURISDICTION AND VENUE
2 2. This Court has subject matter jurisdiction over this action under the Patent Act,
3 35 U.S.C. § 1 et seq., the Lanham Act, 15 U.S.C. § 1121(a), and 28 U.S.C. § 1331 and §
4 1338(a). This Court has supplemental jurisdiction over Plaintiff’s state law claims under 28
5 U.S.C. §§ 1338(b) and 1367(a).
6 3. Venue is proper in this district under 28 U.S.C. §§ 1391(b) and (c) and § 1400.
7 4. The Court has personal jurisdiction over Defendant CBJ Distributing LLC
8 because it is a Nevada limited liability company. The Court has personal jurisdiction over
9 Defendant THC Label Solutions because it conducts business in this judicial district and
10 Plaintiff’s claims arise out of such conduct.
11 THE PARTIES
12 5. Plaintiff A&A Global Imports, Inc. (“Plaintiff” or “A&A Global”) is a

13 California corporation with its principal place of business in Vernon, California.

14 6. Defendant CBJ Distributing LLC doing business as Cannabiz Supply (“CBJ”)
15 is a Nevada limited liability company with its principal place of business in Las Vegas,
16 Nevada.
17 7. Defendant THC Label Solutions (“THC”, and together with CBJ,
18 “Defendants”) is, upon information and belief, a California company with its principal place
19 of business in Placentia, California. Upon information and belief, THC conducts business in
20 Las Vegas, Nevada, including buying and selling products to or from Nevada-based clients
21 and customers, including from defendant CBJ.
22 ALLEGATIONS COMMON TO ALL COUNTS
23 Plaintiff and Its Protected Intellectual Property Rights
24 8. Plaintiff is a plastic packaging manufacturer. It manufactures, sells, and
25 distributes packaging materials, such as prescription bottles, vials, and exit bags. Plaintiff’s
26 customer base includes pharmacies and cannabis dispensaries to which Plaintiff (and its
27 assignees or licensees) distributes high-quality prescription vials and child-proof exit bags
28 which are manufactured to comport with the laws of the jurisdiction in which Plaintiff’s
109770071.1
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1 customers (the pharmacies and cannabis dispensaries) do business. Plaintiff does not now nor
2 has it ever manufactured, sold, or distributed a cannabis or marijuana product listed as a
3 Schedule 1 drug under the Drug Enforcement Administration’s (“DEA”) Drug Schedules.
4 9. Plaintiff owns Patent No. US D766,076 S (the “‘076 Patent”) issued by the
5 United States Patent and Trademark Office. The ‘076 Patent grants Plaintiff the right to
6 exclude others from importing, making, using, offering to sell or selling a plastic bag package
7 bearing the design claimed in the ‘076 Patent. A true and correct copy of the ‘076 Patent is
8 attached hereto as Exhibit “A” and incorporated by reference herein.
9 10. In addition to design patent rights, Plaintiff owns trade dress rights in the
10 design of its exit bags sold under the trademark PINCH N SLIDE (the “Pinch N Slide Bags”).
11 In fact, Plaintiff has marketed and sold, directly and through its licensees, well over 5,600,000
12 units of Pinch N Slide Bags bearing its distinctive aesthetic design elements for more than
13 four years to well over 1500 stores and dispensaries nationwide. In addition, Plaintiff
14 undertakes extensive advertising and promotional activities for these exit bags by, including,
15 without limitation, the following: (1) showcasing them at numerous annual industry trade
16 shows; (2) promoting them through numerous yearly email campaigns to Plaintiff’s over
17 78,000 subscribers; (3) promoting them on Plaintiff’s website located at
18 <marijuanapackaging.com>, including by showcasing them in Front Page Banners on the

19 home page of the website; (4) featuring them in Plaintiff’s catalogs published semiannually
20 and sent to approximately 13,000 customer addresses; (5) showcasing them on dedicated
21 mailers mailed to nearly every dispensary in the United States, in excess of 7,500; (6)
22 featuring them in frequent direct business-to-business calls made on behalf of Plaintiff to
23 dispensaries throughout the United States; and (7) promoting them on numerous social media
24 channels, including, Instagram for which Plaintiff has nearly 5000 followers.
25 11. Plaintiff’s Pinch N Slide Bags featuring its iconic trade dress, and whose
26 overall look, feel and image – and in particular but without limitation, its shapes, features, and
27 graphics – serves as a distinctive source identifier to the consuming public. Though not easily
28 reduced to writing, Plaintiff’s trade dress in its Pinch N Slide Bags includes the following
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1 features: (1) a resealable rectangular bag; (2) a substantially rectangular-shaped graphic

2 circumscribing a facsimile of a thumbprint, disposed towards the top of the bag; (3) at least
3 one substantially rectangular graphic with graphics contained therein, disposed at a distinct
4 region of the bag relative to the graphic described in element 2 hereof; and (4) re-sealable
5 plastic zipper disposed substantially at the top of the bag. These features, and the resulting
6 overall look and feel of the bags bearing them, are more fully depicted, without limitation, in
7 Exhibit “B” hereto (collectively, together with Exhibit ”B,” “Plaintiff’s Trade Dress”).
8 12. Indeed, recognizing the validity and protectability of Plaintiff’s Trade Dress,
9 numerous third parties have entered into licenses with Plaintiff for the right to produce bags
10 embodying Plaintiff’s Trade Dress.
11 13. Plaintiff’s Trade Dress has acquired secondary meaning in the marketplace
12 through, among other things, extensive sales in dollars and volume, extensive advertising and
13 marketing, and creation of an established position in the marketplace. Plaintiff’s Trade Dress
14 is not functional, but rather serve a source-identifying function. Plaintiff’s advertising does
15 not tout the utilitarian advantages of Plaintiff’s Trade Dress. Alternative designs of exit bags
16 are available. Finally, the trade dress is not essential to the use or purpose of the product and
17 does not affect the cost or quality of the product.
18 The ASTM Safety Standards
19 14. With the growing national acceptance of medical cannabis products (and in
20 some states, including Nevada, recreational cannabis products), many states have passed laws
21 regulating the sale of cannabis. Of importance, some states, including Nevada, have already
22 passed laws requiring that cannabis products be packaged in certified child-resistant
23 packaging in accordance with federal consumer product safety guidelines, codified at 16
24 C.F.R. 1700.1, et seq., and in accordance with ASTM standards. Certainly, as time progresses
25 and more regulatory laws regarding the sale of cannabis are passed and codified, more states
26 will likely enact the same or identical child-resistant packaging requirements.
27 15. Plaintiff manufactures, sells, and distributes fully compliant, federal- and
28 ASTM-certified child-resistant vials, bags and other forms of packaging to its cannabis
109770071.1
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1 dispensary customers, including its plastic bag package bearing the design set forth in the
2 ‘076 Patent and Plaintiff’s Trade Dress. Indeed, Plaintiff has expended considerable time and
3 resources in developing its products so as to meet and satisfy all applicable federal and
4 ASTM standards.
5 Defendants’ Unlawful Conduct
6 16. Plaintiff is informed and believes and thereupon alleges that CBJ owns and/or
7 operates, or has operated, the website(s) located at the following domains: www.cannabiz-
8 supply.myshopify.com, www.cannabiz.supply, www.cannabizsupply.com, among others and
9 does business under the “Cannabiz Supply” name.
10 17. Through its websites and the “Cannabiz” name, CBJ solicits sales to
11 wholesalers of its various products, including its “Exit Bags” and “Pinch Style Exit Bag,”
12 examples of which are depicted below:

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28 18. Upon information and belief, CBJ sells its “Exit Bag” and/or “Pinch Style Exit
109770071.1
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1 Bag” (collectively, “CBJ Exit Bags”) to customers around the country, including within the
2 State of Nevada. Upon information and belief, THC is one of CBJ’s clients, who buys and
3 then re-sells CBJ’s “Exit Bag” to cannabis dispensaries and others.
4 19. Upon information and belief, the CBJ Exit Bags that the Defendants advertise
5 and offer for sale do not meet the child-resistant compliance regulations or ASTM standards
6 involving child-resistant packaging.
7 20. Upon information and belief, the Defendants concealed material facts,
8 including that the CBJ Exit Bags are not approved for lawful use in states that require child-
9 resistant packaging, that they do not meet federal consumer product safety guidelines,
10 codified at 16 C.F.R. 1700.1, et seq., and that they are not certified under any ASTM standard
11 involving child-resistant packaging.
12 21. Upon information and belief, the Defendants have advertised or made
13 representations to actual and prospective customers that the CBJ Exit Bags are certified, meet
14 state compliance regulations, and are child proof, all of which are false.
15 22. Upon information and belief, the CBJ Exit Bags sold by the Defendants are
16 unlawful, unsafe, and pose a threat to public health and safety.

17 23. Making matters worse, as presently advised, CBJ’s exit bags depicted in
18 Exhibit C (the “Infringing Bags”) infringe upon the claims of ‘076 Patent and upon Plaintiff’s
19 Trade Dress. It is understood that additional infringing bags may be unearthed as this case
20 progresses and that such infringing bags shall be included within the meaning of Infringing
21 Bags.
22 24. On January 25, 2018, Plaintiff served a cease and desist letter on Defendant
23 CBJ demanding that it cease production and sale of the Infringing Bags.
24 25. On March 13, 2018, CBJ’s counsel informed Plaintiff’s counsel in writing that
25 “[t]he product in question was immediately discontinued.”

26 26. Further, during an April 30, 2018 phone call between CBJ’s counsel and
27 Plaintiff’s counsel, CBJ’s counsel confirmed that CBJ had “stopped selling the bags long
28 ago” and that the Infringing Bags had been removed from CBJ’s website.
109770071.1
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1 27. However, upon investigation, Plaintiff learned that CBJ has continued sale of
2 the Infringing Bags, and has continued marketing the Infringing Bags after it informed
3 Plaintiff that it had stopped. CBJ’s continual sale of the Infringing Bags constitutes evidence
4 of intentional and willful misconduct and a reckless disregard of Plaintiff’s intellectual
5 property rights.
6 28. Neither of the defendants to this action is licensed or otherwise authorized by
7 Plaintiff to market, make, use, import, offer for sale, sell or distribute products bearing or
8 embodying Plaintiff’s Trade Dress or the ‘076 Patent, including the Infringing Bags.
9 COUNT I
10 DIRECT PATENT INFRINGEMENT
11 29. Plaintiff incorporates by reference the allegations in the preceding paragraphs

12 as if fully set forth herein.

13 30. Defendants have willfully infringed on the ‘076 Patent in connection with their
14 distribution of their Infringing Bags. Defendants have used, caused to be produced,

15 distributed, advertised, marketed, offered for sale, sold within the United States, and/or have
16 imported into the United States exit bags that infringe the ‘076 Patent. A side-by-side
17 comparison of the patented product and one of the Infringing Bags is shown below.
18 ‘076 Patent Infringing Product
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25 31. Although Plaintiff has provided Defendants with actual notice of their
26 infringing conduct, Defendants continue to engage in activities that infringe Plaintiff’s patent
27 rights.
28 / / /
109770071.1
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1 32. As a direct and proximate result of the Defendants’ conduct as described
2 above, Plaintiff has suffered irreparable injury and damages in an amount to be determined at
3 trial.
4 33. Plaintiff is entitled to injunctive relief prohibiting Defendants from infringing
5 the ‘076 Patent and to recover damages adequate to compensate for the infringement,
6 including Defendants’ profits pursuant to 35 U.S.C. § 289. Plaintiff is also entitled to recover
7 any other damages as appropriate pursuant to 35 U.S.C. § 284 because Defendants’
8 infringement is willful and deliberate. Plaintiff is also entitled to a complete accounting of all
9 revenue and profits derived by Defendants’ from the unlawful conduct alleged herein.
10 Additionally, the conduct alleged herein qualifies this action as an exceptional case
11 supporting an award of reasonable attorney’s fees pursuant to 35 U.S.C. § 285.
12 COUNT II
13 INDUCED PATENT INFRINGEMENT

16 35. Upon information and belief, Defendants have induced others to make, use,
17 sell, or offer for sale in the United States, including Nevada, the Infringing Bags. Such third
18 parties include other cannabis retailers and distributors in Nevada, who use, sell, offer for
19 sale, or distribute the Infringing Bags.
20 36. Upon information and belief, Defendants knew of the ’076 Patent as described
21 above, and knew that third parties’ actions constitute infringement of the ’076 Patent. Despite
22 this, Defendants induced, or were willfully blind to the possibility that its acts would induce,
23 these third parties to infringe the ‘076 Patent by providing the Infringing Bags to them, and
24 encouraging them to use, sell, offer for sale and distribute the Infringing Bags in their
25 businesses, in contravention of Plaintiff’s rights.
26 37. Upon information and belief, the actions of Defendants described above have
27 at all times relevant to this action been willful.

28 / / /
109770071.1
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1 38. Accordingly, the acts of Defendants as described above constitute inducing
2 infringement of the ‘076 patent in violation of Section 271(b) of Title 35, United States Code.
3 COUNT III
4 TRADE DRESS INFRINGEMENT - 15 U.S.C. §1125

7 40. Plaintiff’s Trade Dress incorporates non-functional ornamental designs that
8 are unique and distinctive and constitute protectable trade dress under the Lanham Act. Such
9 unique and distinctive trade dress distinguishes Plaintiff’s products from those of others.
10 41. Plaintiff's Trade Dress serves a source-identifying function because such
11 features are inherently distinctive and have acquired secondary meaning. Indeed, consumers
12 have come to associate the unique and distinctive non-functional ornamental designs
13 embodied in Plaintiff’s Trade Dress with a single source.

14 42. The Infringing Bags incorporate designs that are virtually identical copies of
15 Plaintiff’s Trade Dress in terms of color, shape, style, size, and placement of ornamental
16 features. As such, Defendants’ sale of these products is likely to cause confusion, or to cause
17 mistake, or to deceive consumers as to whether an affiliation, connection, or association exists
18 between Defendants and Plaintiff, or as to the origin, sponsorship, or approval of Defendants’
19 plastic bag products or commercial activities by Plaintiff. An example of this is set forth
20 below:
21 Plaintiff’s Design Infringing Product
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109770071.1
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1 43. Defendants’ use and further threatened uses of Plaintiff’s Trade Dress thus
2 constitute trade dress infringement, false designation of origin and unfair competition in
3 violation of 15 U.S.C. § 1125(a).
4 44. Although Plaintiff has provided Defendants with actual notice of their
5 infringing conduct, Defendants continue to engage in activities that infringe Plaintiff’s Trade
6 Dress.
7 45. As a direct and proximate result of Defendants’ infringing conduct, Plaintiff
8 has suffered damages.

9 46. Defendants’ acts have damaged and will continue to damage Plaintiff, and
10 Plaintiff has no adequate remedy at law.

11 47. Plaintiff is entitled to injunctive relief prohibiting Defendants from engaging in
12 unfair competition and to recover damages adequate to compensate for the infringement,
13 including Defendants’ profits pursuant to 15 U.S.C. § 1117 and three times Plaintiff’s actual
14 damages. Additionally, the conduct alleged herein qualifies this action as an exceptional case
16 COUNT IV
17 FEDERAL UNFAIR COMPETITION

20 49. In advertising, marketing, promoting, offering for sale, selling, distributing,
21 and making false and misleading assertions of fact in interstate commerce as alleged herein
22 regarding the CBJ Exit Bags, the Defendants’ acts described above constitute unfair
23 competition in violation of the Lanham Act, 15 USC § 1125(a)(1)(B).
26 trial.
27 51. Plaintiff is entitled to injunctive relief prohibiting Defendants from engaging in
28 unfair competition and to recover damages adequate to compensate for the infringement,
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1 including Defendants’ profits pursuant to 15 U.S.C. § 1117 and three times Plaintiff’s actual
2 damages. Additionally, the conduct alleged herein qualifies this action as an exceptional case
4 COUNT V
5
DECEPTIVE TRADE PRACTICES
6 NRS 598.0915(1)-(3)

10 and making false and misleading assertions of fact regarding the source, sponsorship,
11 approval, certification, affiliation, connection, or association of the products, the Defendants’
12 acts described above constitute deceptive trade practices in violation of NRS 598.0915(1)-(3).
15 trial, as well as attorneys’ fees and costs under N.R.S. 41.600.
16 COUNT VI
17
DECEPTIVE TRADE PRACTICES
18 NRS 598.0915 (5) AND (7) AND NRS 598.0923(3)

22 and making false and misleading assertions of fact regarding the CBJ Exit Bags, the
23 Defendants’ acts described above constitute deceptive trade practices in violation of NRS
24 598.0915 (5), and (7) and NRS 598.0923(3).
27 trial, as well as attorneys’ fees and costs under N.R.S. 41.600.
28 / / /
109770071.1
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1 COUNT VII
2
INTENTIONAL INTERFERENCE WITH
3 PROSPECTIVE ECONOMIC RELATIONS

6 59. Defendants’ actions have disrupted or are intended to disrupt Plaintiff’s
7 business by, among other things, diverting consumers away from Plaintiff by making
8 misrepresentations regarding the quality and standards of the CBJ Exit Bags. Plaintiff is
9 informed and believes and thereupon alleges that the Defendants’ wrongful conduct has
10 disrupted and will continue to disrupt Plaintiff’s prospective client relationships.
11 60. As a direct and proximate result of the foregoing conduct by the Defendants,
12 Plaintiff has suffered irreparable injury and damages in an amount to be determined at trial.
13 61. The conduct of the Defendants alleged herein was either malicious, in that it
14 was carried on with the intent to cause injury to Plaintiff, or despicable, in that it was carried
15 on with a conscious disregard for the rights of Plaintiff. In either case, Plaintiff is entitled to
16 an award of exemplary damages against the Defendants, and each of them, in an amount to be
17 determined by the Court.
18 COUNT VIII
19 UNJUST ENRICHMENT

22 63. As alleged herein, the Defendants have profited by reason of their acts of
23 intellectual property infringement, unfair competition, deceptive trade practice, and other
24 unlawful, tortious acts as alleged herein.
25 64. Under the circumstances, it would be inequitable for the Defendants to retain
26 the benefits of their ill-gotten gains. Plaintiff is therefore entitled to full restitution and/or
27 disgorgement by the Defendants of all revenues, earnings, profits or other economic benefits
28 earned at Plaintiff’s detriment and expense. Otherwise, the Defendants would be unjustly
109770071.1
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1 enriched.
2 PRAYER FOR RELIEF
3 WHEREFORE, Plaintiff prays for judgment against all defendants, and each of them,
4 as follows:
5 1. For damages in an amount to be proven at trial;
6 2. For restitution;
7 3. For punitive and exemplary damages;
8 4. For treble damages;
9 5. For a temporary restraining order, and preliminary and permanent injunctive
10 relief:
11 (A) restraining and enjoining all Defendants, and anyone acting in concert with or
12 participating with them from engaging in, committing or performing, either directly
13 or indirectly the following acts:
14 1) Infringing on Plaintiff’s patent and trade dress rights;
15 2) Promoting, importing, marketing, advertising, offering for sale, selling, or
16 distributing any of the Infringing Bags, or similar products, or otherwise
17 causing any third party to promote, import, market, advertise, offer for sale,
18 sell, or distribute any of the Infringing Bags, or similar products;
19 3) Using any false designation of origin, or representing or suggesting directly or
20 by implication that Defendants, or any brands or other source identifiers
21 created by Defendants, or their products, are affiliated with, associated with,
22 authorized by, or otherwise connected to Plaintiff, or that Defendants are
23 authorized by Plaintiff to use Plaintiff’s patent or trade dress rights;
24 4) Publishing, advertising, and/or otherwise making any statement to the public,
25 either directly or indirectly, that states, implies or suggests that the CBJ Exit
26 Bags, or similar products, are:
27 a) Certified or approved;
28 b) Childproof;
109770071.1
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1 c) Compliant with state laws requiring child-resistant packaging; or
2 d) Compliant with state regulations.
3 5) Assisting, aiding, or abetting any other person or business entity in engaging
4 or performing any of the activities referred to in subparagraphs (i) through (vi)
5 above, or effecting any assignments or transfers, forming new entities or
6 associations, or utilizing any other device for the purpose of circumventing or
7 otherwise avoiding the prohibitions set forth in subparagraphs (1) through (4)
8 above.
9 (B) directing and compelling all Defendants, and anyone acting in concert with or
10 participating to:
11 1) Deliver up for destruction all packages and receptacles in Defendants’

12 possession, custody or control infringing upon Plaintiff’s ‘076 Patent and its
13 trade dress rights;
14 2) Prominently label the CBJ Exit Bags, or similar products, in such a way as to
15 fully disclose to and caution all distributors, purchasers, and customers that
16 the CBJ Exit Bags do not comply with the provisions of any federal, state, or
17 local laws or regulations involving child-resistant packaging, do not meet the
18 minimum requirements of the ASTM standards involving child-resistant
19 packaging, and are not child-resistant;
20 3) Prominently and fully disclose to and caution all past, present, and future
21 distributors, purchasers, and customers of the CBJ Exit Bags, or similar
22 products that such products do not comply with the provisions of any federal,
23 state, or local laws or regulations involving child-resistant packaging, do not
24 meet the minimum requirements of the ASTM standards involving child-
25 resistant packaging, and are not child-resistant, including on all of defendants
26 websites and other marketing materials;
27 4) Post a copy on all of Defendants’ websites and provide a copy of any
28 temporary restraining order, preliminary injunction, or permanent injunction

109770071.1
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1 to all past, present, and future distributors, purchasers, and customers of the
2 CBJ Exit Bags, including to all known persons that the defendants have
3 provided marketing materials to or to whom the defendants have made any
4 false or misleading claim in connection with the CBJ Exit Bags; and
5 5) File a report with the Court in writing and under oath setting forth in detail the
6 manner and form in which the defendants have complied with any temporary
7 restraining order, preliminary injunction, or permanent injunction.
8 6. That the Court direct any third parties providing services to Defendants in
9 connection with any infringing and/or enjoined conduct, including social media platforms
10 (e.g., Instagram, Facebook, Twitter), online marketplaces (e.g., Alibaba, eBay, Etsy,
11 AliExpress, Amazon, Taobao), online payment providers, including credit card companies
12 (e.g., PayPal, Visa) and other service providers (e.g., Google, GoDaddy, LiveChat, Shopify)
13 to cease providing services to Defendants in connection with the offer for sale and sale of the
14 Infringing Bags or any other products using or embodying Plaintiff’s Trade Dress or the
15 design claimed in the ‘076 Patent.
16 7. That Defendants be required to pay Plaintiff such damages as it has sustained
17 as a consequence of Defendants' infringement of the of Plaintiff’s Trade Dress and trebling of

18 those damages under 15 U.S.C. § 1117;
19 8. Adjudge that each of the Defendants, by its unauthorized use of Plaintiff’s
20 Trade Dress for exit bags, and such other acts as it may have undertaken relating to Plaintiff’s
21 Trade Dress, have violated Plaintiff’s rights under 15 U.S.C. § 1125(a), under Nevada state
22 law (including, without limitation, NRS 598.0915(1)-(3)), and under common law, and that
23 they have done so willfully and for the purpose of violating Plaintiff’s rights and damaging
24 Plaintiff’s goodwill and reputation in Plaintiff’s Trade Dress;
25 9. Direct Defendants to provide Plaintiff with an identification in writing of any
26 and all entities that are covered by the claim in the ‘076 Patent and/or Plaintiff’s Trade Dress
27 in the United States on Defendants' behalf and inform them that they must immediately cease
28 such use;
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1 10. Direct Defendants to immediately recall any and all merchandise previously
2 provided to any United States entity covered by Plaintiff’s Trade Dress or the claim of the
3 ‘076 Patent;
4 11. Enter an order, pursuant to 15 U.S.C § 1118, directing Defendants to deliver
5 for destruction all products, brochures, marketing materials, decals, stickers, signs, prints,
6 packages, receptacles, wrappers, boxes, and advertisements in their possession or under their
7 control, bearing any unauthorized copy of any of the Plaintiff’s Trade Dress, or any
8 simulation, reproduction, counterfeit, copy, confusingly similar likeness, or colorable
9 imitation thereof, and all plates, molds, matrices, programs and other means of making same;
10 12. That each Defendant provides Plaintiff in writing with the following
11 information relating to Defendants' goods marketed, advertised, offered for sale, or sold under
12 Plaintiff’s Trade Dress or the claim of the ‘076 Patent:

13 1) the name, address and telephone number of each and every United States
14 entity to whom Defendants have made available or otherwise provided any
15 such products; and
16 2) a full accounting as to the precise dollar amount of such products made
17 available or provided and the profits recognized by Defendants in connection
18 with such actions;
19 13. Direct Defendants to pay the costs of corrective advertising;
20 14. An adjudication that this is an “exceptional case” and, accordingly,
21 i. That the damages awarded Plaintiff be increased three (3) times
22 pursuant to 35 U.S.C. § 284, and
23 ii. That Plaintiff is awarded its reasonable attorneys’ fees pursuant to 35
24 U.S.C. § 284.
25 15. For an award of attorneys’ fees, costs and expenses;
26 16. For prejudgment and post-judgment interest as allowed by law;
27 17. For costs of suit incurred herein; and
28 18. For such other and further relief that the Court deems just and proper.
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1 JURY DEMAND
2 Plaintiff demands trial to a jury on all issues so triable.
3 Date: November 19, 2019 Respectfully submitted,
4 /s/ Meng Zhong______________________

Michael J. McCue
5 Meng Zhong
Lewis Roca Rothgerber Christie LLP
6 3993 Howard Hughes Parkway, Suite 600
Las Vegas, Nevada 89169
7
Mark B. Mizrahi (pro hac application to be filed)
Arash Beral (pro hac application to be filed)
Freeman Freeman & Smiley, LLP
10 1888 Century Park East, Suite 1500
Los Angeles, CA 90067
11
Attorneys for Plaintiff

12 A&A Global Imports, Inc.
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Case 2:19-cv-02005 Document 1-1 Filed 11/19/19 Page 1 of 7
Exhibit A
Exhibit A
Exhibit B
Exhibit B
Exhibit C
Exhibit C
JS 44 (Rev. 06/17) CIVIL COVER SHEET
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

A&A Global Imports, Inc. CBJ Distributing LLC d/b/a Cannabiz Supply; THC Label Solutions
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant Clark
(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)
Meng Zhong, Michael McCue, LEWIS ROCA ROTHGERBER CHRISTIE
3993 Howard Hughes Pkwy, Ste 600, Las Vegas, NV 89169
Tel: 702-949-8200
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/ ’ 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 SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 850 Securities/Commodities/
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Exchange
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 893 Environmental Matters
Medical Malpractice Leave Act ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS Act
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 899 Administrative Procedure
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
Employment Other: ’ 462 Naturalization Application
’ 446 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 465 Other Immigration
Other ’ 550 Civil Rights Actions
’ 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):
35 U.S.C. § 271, 15 U.S.C. § 1125
VI. CAUSE OF ACTION Brief description of cause:
patent infringement, trade dress infringement, unfair competition, deceptive trade practices
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
11/19/2019 /s/ Meng Zhong
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
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AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
District
__________ of Nevada
District of __________
A&A GLOBAL IMPORTS, INC. )

)
)
)
Plaintiff(s) )
)
v. Civil Action No. 2:19-cv-02005
)
CBJ DISTRIBUTING LLC d/b/a CANNABIZ SUPPLY; )
THC LABEL SOLUTIONS )
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) CBJ DISTRIBUTING LLC d/b/a CANNABIZ SUPPLY
c/o Registered Agent - Charles J. Fox
1800 Industrial Road, Suite 104C
Las Vegas, NV 89102
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Michael J. McCue, Esq.
Meng Zhong, Esq.
LEWIS ROCA ROTHGERBER CHRISTIE LLP
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 2:19-cv-02005
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
District
__________ of Nevada
District of __________
A&A GLOBAL IMPORTS, INC. )

)
)
)
Plaintiff(s) )
)
v. Civil Action No. 2:19-cv-02005
)
CBJ DISTRIBUTING LLC d/b/a CANNABIZ SUPPLY; )
THC LABEL SOLUTIONS )
)
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) THC LABEL SOLUTIONS

c/o Registered Agent - Jamie January
730 Carlton Avenue
Stockton, CA 95203
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Michael J. McCue, Esq.
Meng Zhong, Esq.
LEWIS ROCA ROTHGERBER CHRISTIE LLP
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 2:19-cv-02005
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)

was received by me on (date) .
’ I personally served the summons on the individual at (place)

on (date) ; or
’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
’ I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
’ I returned the summons unexecuted because ; or
’ Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
I declare under penalty of perjury that this information is true.
Date:
Server’s signature
Printed name and title
Server’s address
Additional information regarding attempted service, etc:

A &amp; A Global Imports v. CBJ Distributing (Cannabiz) - Complaint

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Case 2:19-cv-02005 Document 1 Filed 11/19/19 Page 1 of 17

12 Attorneys for Plaintiff

25 NATURE OF THE CASE

26 1. This is an action against Defendants for patent infringement under 35 U.S.C. §

1 JURISDICTION AND VENUE

12 5. Plaintiff A&A Global Imports, Inc. (“Plaintiff” or “A&A Global”) is a

13 California corporation with its principal place of business in Vernon, California.

23 Plaintiff and Its Protected Intellectual Property Rights

24 8. Plaintiff is a plastic packaging manufacturer. It manufactures, sells, and

18 <marijuanapackaging.com>, including by showcasing them in Front Page Banners on the

1 features: (1) a resealable rectangular bag; (2) a substantially rectangular-shaped graphic

12 examples of which are depicted below:

16 unlawful, unsafe, and pose a threat to public health and safety.

25 “[t]he product in question was immediately discontinued.”

10 DIRECT PATENT INFRINGEMENT

11 29. Plaintiff incorporates by reference the allegations in the preceding paragraphs

12 as if fully set forth herein.

14 distribution of their Infringing Bags. Defendants have used, caused to be produced,

1 32. As a direct and proximate result of the Defendants’ conduct as described

13 INDUCED PATENT INFRINGEMENT

14 34. Plaintiff incorporates by reference the allegations in the preceding paragraphs

15 as if fully set forth herein.

27 at all times relevant to this action been willful.

1 38. Accordingly, the acts of Defendants as described above constitute inducing

4 TRADE DRESS INFRINGEMENT - 15 U.S.C. §1125

5 39. Plaintiff incorporates by reference the allegations in the preceding paragraphs

6 as if fully set forth herein.

13 embodied in Plaintiff’s Trade Dress with a single source.

8 has suffered damages.

10 Plaintiff has no adequate remedy at law.

17 FEDERAL UNFAIR COMPETITION

18 48. Plaintiff incorporates by reference the allegations in the preceding paragraphs

19 as if fully set forth herein.

7 52. Plaintiff incorporates by reference the allegations in the preceding paragraphs

8 as if fully set forth herein.

13 54. As a direct and proximate result of the Defendants’ conduct as described

19 55. Plaintiff incorporates by reference the allegations in the preceding paragraphs

20 as if fully set forth herein.

4 58. Plaintiff incorporates by reference the allegations in the preceding paragraphs

5 as if fully set forth herein.

20 62. Plaintiff incorporates by reference the allegations in the preceding paragraphs

21 as if fully set forth herein.

7 3. For punitive and exemplary damages;

8 4. For treble damages;

9 5. For a temporary restraining order, and preliminary and permanent injunctive

13 or indirectly the following acts:

14 1) Infringing on Plaintiff’s patent and trade dress rights;

15 2) Promoting, importing, marketing, advertising, offering for sale, selling, or

16 distributing any of the Infringing Bags, or similar products, or otherwise

18 sell, or distribute any of the Infringing Bags, or similar products;

19 3) Using any false designation of origin, or representing or suggesting directly or

20 by implication that Defendants, or any brands or other source identifiers

21 created by Defendants, or their products, are affiliated with, associated with,

22 authorized by, or otherwise connected to Plaintiff, or that Defendants are

23 authorized by Plaintiff to use Plaintiff’s patent or trade dress rights;

24 4) Publishing, advertising, and/or otherwise making any statement to the public,

26 Bags, or similar products, are:

1 c) Compliant with state laws requiring child-resistant packaging; or

2 d) Compliant with state regulations.

3 5) Assisting, aiding, or abetting any other person or business entity in engaging

4 or performing any of the activities referred to in subparagraphs (i) through (vi)

5 above, or effecting any assignments or transfers, forming new entities or

6 associations, or utilizing any other device for the purpose of circumventing or

11 1) Deliver up for destruction all packages and receptacles in Defendants’

A & A Global Imports v. CBJ Distributing (Cannabiz) - Complaint

A & A Global Imports v. CBJ Distributing (Cannabiz) - Complaint