Conair v. Next G - Complaint

Case 3:20-cv-01093 Document 1 Filed 02/19/20 Page 1 of 17
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO
CONAIR CORPORATION §
§
Plaintiff, §
§ Case No. 3:20-cv-01093
v. §
§ JURY TRIAL DEMANDED
NEXT G, CORP. §
d/b/a FARMACIA SAVIA, §
§
and §
§
DOES 1-10, §
§
Defendants.
COMPLAINT
TO THE HONORABLE COURT:
COMES NOW, Plaintiff Conair Corporation (“Conair”), by and through its undersigned
counsel, for its Complaint against Defendant Next G, Corp. d/b/a Farmacia Savia (“Farmacia
Savia”) and DOES 1-10 (collectively “Defendants”), in support thereof, respectfully alleges,
states, and prays as follows:
NATURE OF THE ACTION
1. This is an action to combat and cease the sale of counterfeit products bearing the
trademark, trade dress and design patent owned by Conair for a product under the Babyliss®
name. As a direct and proximate result of Defendants’ unlawful distribution and sale of
counterfeit Babyliss® products, Conair has been irreparably harmed. Conair seeks permanent
injunctive relief, damages, costs and attorney’s fees as authorized by the Lanham Act, the Tariff
Act, the Patent Act, and Puerto Rico common law.

JURISDICTION AND VENUE
2. Conair files this action against Defendants for trademark infringement and
trademark counterfeiting under the Lanham Trademark Act of 1946, 15 U.S.C. § 1051 et seq.
(the “Lanham Act”) and patent infringement under the Patent Act, 35 U.S.C. §§ 271 and 289.
3. This Court has subject matter jurisdiction over these trademark and patent
infringement claims under 28 U.S.C. §§ 1331 and 1338(a).
4. This Court has personal jurisdiction over Defendants because Defendants are
incorporated and do business in this judicial district.
5. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391 because the
claims asserted arise in this district and Defendants are located in this district.
THE PARTIES
6. Conair is a Delaware corporation with its headquarters, sales and marketing
offices in Stamford, Connecticut. Conair is the assignee and as such owns all substantial rights
to the United States Design Patent D596,790, titled “Hair styling iron” (“the ‘790 Patent”).
Conair also has registered trademarks for the marks Babyliss® (Reg. No. 1,148,225) and
BabylissPro® (Reg. No. 4,561,367).
7. Upon information and belief, Defendant is a Puerto Rico corporation with a
principal place of business located at Bo. Hato Tejas Carr 862 KM 1.9, Bayamon, PR, 00956.
8. Conair is unaware of the names and true capacities of DOES 1 through 10, and
therefore sues them by their fictitious names. Conair will seek leave to amend this Complaint
when their true names and capacities are ascertained. Conair is informed and believes, and based
thereon alleges, that DOES 1 through 10 are in some manner responsible for the wrongs alleged
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herein and, that at all times referenced, each was the agent and servant of Farmacia Savia and
was acting within the course and scope of said agency and employment.
9. Conair is informed and believes, and based thereon alleges, that at all relevant
times herein, Farmacia Savia and DOES 1 through 10 knew or should have known of the acts
and behavior alleged herein and the damages caused thereby, and by their inaction ratified and
encouraged such acts and behavior. Conair further alleges that Farmacia Savia and DOES 1
through 10 have a non-delegable duty to prevent such acts and the behavior described herein,
which duty Farmacia Savia and DOES 1 through 10 failed and/or refused to perform.
FACTS COMMON TO ALL COUNTS
A. Conair’s Babyliss® Trademarks
10. Conair has become well known throughout the United States and elsewhere as a
source of high-quality hairstyling products sold under its “Conair” name and its subsidiary
“Babyliss” name.
11. Conair’s Babyliss® products are distributed and sold to consumers through
retailers throughout the United States at point of sale locations and on the internet, including
through its website <www.babylisspro.com/>.
12. Conair has continuously sold hairstyling products under its Babyliss® trademarks
(collectively, the “Babyliss® Marks”). Conair has built substantial goodwill in the Babyliss®
Marks.
13. The Babyliss® Marks at issue in this matter include at least the following:
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Mark U.S. Reg. Reg. Date Class Goods/Services
No.
BaByliss® 1,148,225 03/10/1981 009 Electric Hair Styling Apparatus-

Namely, Electric Hair
(Typed) Straightner, Electric Styling
Irons, Electric Brushes and
(the “BaByliss Mark”) Electric Styling Combs
BabylissPro® 4,561,367 07/01/2014 008 Electric hair trimmers; Hair

clippers; Electric hair curling
(Standard Character) irons; Electric hair straightening
irons; Electric hand-held hair
(the “BabylissPro Mark”) styling irons
011 Electric hair dryers
021 Hair Brushes
14. True and correct copies of the registration certificates from the United States
Patent and Trademark Office for the Babyliss® Marks are attached hereto as Exhibits A and B.
The Babyliss® Marks are exclusively owned by Conair and are valid, subsisting and
incontestable pursuant to 15 U.S.C. § 1065.
15. Defendants’ infringing product bears the BabylissPro Mark and the ‘790 Patent
information on the packaging as shown below.
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Image of the Counterfeit Packaging Image of Farmacia Savia Shelves

displaying ‘790 Patent Information with Counterfeit Products
16. At all times relevant hereto, the Babyliss® Marks have been continuously used by
Conair throughout the United States, on or in connection with the manufacture, distribution, sale
and promotion of its products.
17. The Babyliss® Marks are distinctive and signify to the consuming public that
products that come from Conair are manufactured to the highest standard of quality.
18. Conair has marketed its high-quality hairstyling tools with consistent and earnest
effort to the American public. As a result of the high-quality hairstyling tools provided to its
customers, and its reputation for the same, the Babyliss® Marks have become valuable assets
and are famous.
19. As a direct result of the time and effort promoting the Babyliss® Marks, Conair’s
customers, its competitors and the general public have come to associate the high-quality
hairstyling products and tools offered by Conair with its Babyliss® Marks.
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20. Conair’s products have been widely accepted by the public and are enormously
popular, as demonstrated by the ongoing sales of Babyliss® products each year. As a direct
result of Conair’s substantial investment in the Babyliss® Marks, they have become famous
throughout the United States.
21. The Babyliss® Marks have come to represent and symbolize the excellent
reputation of Conair’s products and valuable goodwill among members of the public throughout
the world and in the United States, including Puerto Rico.
B. Conair’s Design Patent
22. Conair is the owner of the design patent related to the Babyliss® hair styling iron
numbered U.S. Patent No. D596,790 (issued July 21, 2009) (hereinafter the “‘790 Patent”). A
true and accurate copy of the ‘790 Patent is attached hereto and incorporated herein as Exhibit C.
Conair is the owner by assignment of all right, title and interest in and to the ‘790 Patent.
23. As shown below, Defendants’ infringing and counterfeit product appears
substantially similar or identical to and thus fully embodies the ‘790 Patent in direct violation of
35 U.S.C. § 271.
U.S. Patent Number D596,790 Image of Infringing Product
6
C. Defendants’ Infringing Activities
24. On or about September 5, 2019, an agent for Conair visited Farmacia Savia and
saw that hair styling tools purporting to be BabylissPro® products were being sold on the
shelves.
25. These hair styling tools were in fact counterfeit items not manufactured by Conair
or Babyliss.
26. Upon information and belief, Defendants have imported, distributed, offered for
sale and sold counterfeit Babyliss® and/or BabylissPro® products (“Counterfeit Products”) in
the United States, including this judicial district. Said Counterfeit Products bore counterfeits of
the BabylissPro® Mark on the product packaging, package inserts and/or product.
27. The Counterfeit Products are not genuine Conair products. Conair did not
manufacture, inspect or package the Counterfeit Products, and did not approve of or license the
Counterfeit Products.
28. Defendants’ use of any or all of the Babyliss® Marks on the Counterfeit Products
is likely to cause confusion or mistake or to deceive persons into the erroneous belief that
Defendants’ Counterfeit Products are genuine Conair products or the Defendants or their
Counterfeit Products are authorized, endorsed or sponsored by Conair or are connected in some
way with Conair.
29. On information and belief, Defendants’ use of the Babyliss® Marks was
deliberate and intentional and designed to create confusion and mistake and to deceive
consumers into the incorrect belief that the Counterfeit Products are genuine Conair products or
the Defendants or the Counterfeit Products are authorized, endorsed or sponsored by Conair or
are connected in some way with Conair.
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30. Defendants’ use of counterfeit Babyliss® Marks falsely designates the origin of
Defendants’ products and constitutes false descriptions and representations to the effect that
Defendants’ Counterfeit Products are genuine Conair products or the Defendants or the
Counterfeit Products are authorized, endorsed or sponsored by Conair or are connected in some
way with Conair.
31. Conair believes that it has been and will likely continue to be damaged by
Defendants’ use of said false designations, descriptions and representations in that purchasers are
likely to buy Defendants’ Counterfeit Products in the mistaken belief that the Counterfeit
Products are genuine Conair products or the Defendants or the Counterfeit Products are
authorized, endorsed or sponsored by Conair or are connected in some way with Conair.
32. As a result of Defendants’ action, Conair is suffering a loss of the enormous
goodwill Conair has created in its Babyliss® and BabylissPro® products and is losing sales of
genuine products.
33. The Defendants are likely to continue to commit the acts complained of herein,
and unless restrained and enjoined, will continue to do so, thereby causing Conair irreparable
harm.
34. Conair contacted the Defendants via US mail, and then through counsel on
multiple occasions, which after an initial response letter from Defendant’s counsel, Defendant’s
counsel thereafter ceased all communications.
COUNT I
Trademark Infringement in Violation of the Lanham Act, 15 U.S.C. § 1114(1)
35. Conair repeats and re-alleges each and every allegation in the proceeding
paragraphs as if fully set forth herein.
8
36. The Babyliss® Marks are recognized internationally and domestically, including
within this judicial district, as being affixed to goods and merchandise of the highest quality and
as originating from Conair.
37. The acts of the Defendants alleged herein constitute the use in commerce, without
the consent of Conair, of a reproduction, counterfeit, copy, or colorable imitation of one or more
of the Babyliss® Marks in connection with the sale, offering for sale, distribution, or advertising
of goods, which use is likely to cause confusion or mistake, or to deceive consumers and
therefore infringe Conair’s rights in one or more of the Babyliss® Marks, in violation of Section
32(1) of the Lanham Act, 15 U.S.C. § 1114(1).
38. The Defendants’ use of the infringing marks was willful, intentional, and done
with the knowledge that the marks are counterfeit marks, as defined in Section 34(d) of the
Lanham Act, 15 U.S.C. § 1116(d).
39. Defendants’ use of the Babyliss® Marks is without Conair’s permission or
authority and in total disregard of Conair’s rights to control its trademarks.
40. Defendants' activities are likely to lead to and result in confusion, mistake or
deception, and are likely to cause the public to believe that Conair has produced, sponsored,
authorized, licensed or are otherwise connected or affiliated with Defendants' commercial and
business activities, all to the detriment of Conair.
41. The Defendants’ acts entitle Conair to damages for all of the Defendants’ profits
derived from their past unlawful conduct, trebled, to the full extent provided under Sections
35(a) and 35(b) of the Lanham Act, 15 U.S.C. §§ 1117(a)-(b), or in the alternative to statutory
damages under Section 35(c) of the Lanham Act, 15 U.S.C. § 1117(c).
9
42. Conair has no adequate remedy at law for the foregoing wrongful conduct. Conair
has been, and absent injunctive relief will continue to be, irreparably harmed by the Defendants’
actions.
COUNT II
Trademark Counterfeiting in Violation of the Lanham Act, 15 U.S.C. § 1114(1)
44. Conair owns the United States Patent and Trademark Office Registrations for
BaByliss® and BabylissPro®.
45. These trademark registrations are valid, enforceable and incontestable.
46. Defendants are marketing, offering for sale and/or selling the Counterfeit
Products, which comprise of hair straighteners purporting to be made by Conair.
47. The packaging for the Counterfeit Products being offered for sale by Defendants
bears a mark identical to the BabylissPro® trademark (Reg. No. 4,561,367).
48. Defendants’ actions are likely to cause, and have caused, confusion, mistake and
deception among the general consuming public as to the origin, quality and authenticity of the
Counterfeit Products.
49. Defendants’ actions constitute trademark counterfeiting in violation of Conair’s
rights under 15 U.S.C. § 1114(1).
50. The Defendants’ use of the infringing marks was willful, intentional, and done
with the knowledge that the marks are counterfeit marks, as defined in Section 34(d) of the
Lanham Act, 15 U.S.C. § 1116(d).
10
actions.
COUNT III
False Designation of Origin and Trademark and Trade Dress Infringement in Violation of
Section 43(a)(1)(A) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(A)
56. The acts of the Defendants alleged herein constitute the use in interstate
commerce of a word, term, name, symbol, or device, or any combination thereof, or false
designation of origin, in connection with the sale, or offering for sale, of goods in violation of
section 43(a)(1)(A) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(A). These acts of the Defendants
are likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection,
or association of the Defendants with Conair, or as to the origin, sponsorship, or approval of
Defendants' counterfeit hairstyling tools or products by Conair.
11
actions.
COUNT IV
Patent Infringement in Violation of 35 U.S.C. § 271
62. Conair is the exclusive owner of the entire right, title, and interest in and to the
‘790 Patent, including all rights to enforce that patent and to recover for infringement.
63. Defendants have been and currently are infringing the ‘790 Patent within this
judicial district and elsewhere by importing, offering for sale, and selling hair straighteners
incorporating the ‘790 Patent.
64. Conair marks all hair straightening products embodying the design of the ‘790
Patent with “U.S. Patent No. D596,790” on a product label in compliance with 35 U.S.C. § 287.
12
65. Given the widespread popularity and recognition of Conair’s Babyliss® hair
straighteners and the patent notice provided on the products themselves, Conair avers and hereon
alleges that Defendants had pre-suit knowledge of Conair’s rights to the ‘790 Patent and have
intentionally copied said design on their own products in an effort to pass them off as if they
originated, are associated with, are affiliated with, are sponsored by, are authorized by, and/or
are approved by Conair.
66. On information and belief, Defendants' acts herein complained of constitute
willful acts and intentional infringement of the ‘790 Patent.
67. Defendants’ infringing hair straighteners were not manufactured or authorized by
Conair.
68. The actions complained of infringe the ‘790 Patent in violation of 35 U.S.C.
§ 271.
69. Defendants’ acts entitle Conair to damages for all of Conair’s lost profits derived
from Defendants’ past unlawful conduct, trebled, to the full extent provided under Section 284 of
the Patent Act, 35 U.S.C. § 284; all of Defendants' total profits from the sale of infringing hair
straighteners under Section 289 of the Patent Act, 35 U.S.C. § 289; and attorneys’ fees under
Section 285 of the Patent Act, 35 U.S.C. § 285.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Conair Corporation seeks judgment against Defendants Next G,
Corp. d/b/a Farmacia Savia and DOES 1-10 as follows:
I. Granting permanent injunctive relief restraining Defendants, their agents,
servants, employees, officers, associates, attorneys, and all persons acting by, through, or in
concert with any of them, from:
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a. Manufacturing, distributing, advertising, offering for sale, and/or selling any
products bearing any simulation, reproduction, counterfeit, copy, or colorable imitation of the
Babyliss® Marks, or any other marks confusingly similar thereto;
b. Using any simulation, reproduction, counterfeit, copy, or colorable imitation of
the Babyliss® Marks in connection with the promotion, advertisement, display, sale, offer for
sale, manufacture, production, circulation or distribution of counterfeit footwear in such fashion
as to relate or connect, or tend to relate or connect, such products in any way to Conair, or to any
goods sold, manufactured, sponsored, or approved by, or connected with Conair;
c. Committing any other act which falsely represents or which has the effect of
falsely representing that the goods and services of Defendants are licensed by, authorized by,
offered by, produced by, sponsored by, or in any other way associated with Conair;
d. Engaging in any other activity constituting unfair competition with Conair, or
constituting an infringement of the Babyliss® Marks;
e. Destroying, altering, removing, delivering, holding for sale, returning,
transferring, hiding, or otherwise moving, storing or disposing in any manner Defendants'
counterfeit Babyliss® products, the materials/means to make said counterfeit products, as well as
any books or records which may contain any information relating to the importation,
manufacture, production, distribution, circulation, sale, marketing, offering for sale,
advertisement, promotion, and/or display of counterfeit Babyliss® products;
f. Manufacturing, importing, advertising, marketing, promoting, supplying,
distributing, offering for sale, or selling any products that infringe upon the Babyliss® Hair
Styling Iron Designs;
14
g. Otherwise infringing Conair’s registered and common law trademarks and design
patents;
h. Aiding, abetting, contributing to, or otherwise assisting anyone in infringement of
Babyliss® and Babyliss® Hair Styling Iron Designs; and
i. Effecting assignments or transfers, forming new entities, or associations or
utilizing any other device for the purpose of circumventing or otherwise avoiding the
prohibitions set forth in Paragraphs (I)(a) through (I)(h) above.
II. That Defendants be ordered to deliver to Conair for destruction, any and all goods
in Defendants’ possession, or under its control, which infringe upon the Trademarks or Design
Patent of Conair, including without limitation, the Counterfeit Products and labels, signs, prints,
packages, dyes, wrappers, receptacles, and advertisements relating thereto in its possession,
custody, or control or any simulation, reproduction, counterfeit, copy, or colorable imitations
thereof, and all plates, molds, heat transfers, screens, matrices, and other means of making same;
III. Ordering an accounting by Defendants of all gains, profits and advantages derived
from their wrongful acts;
IV. Ordering Defendants to disgorge their profits;
V. That Defendants be ordered to pay to Plaintiff damages for Defendants’
trademark infringement pursuant to 15 U.S.C. § 1117 in the form of either, at Plaintiff’s election
before the entry of a final judgment: (a) Defendants’ profits, Plaintiff’s damages, and costs
trebled under 15 U.S.C. § 1117(b), including three (3) times such profits or damages, whichever
is greater, together with a reasonable attorneys’ fee; or (b) statutory damages pursuant to 15
U.S.C. § 1117(c) up to Two Million Dollars ($2,000,000.00) per counterfeit mark per type of
good sold, offered for sale, or distributed; and in addition, pre-and post-judgment interest;
15
VI. That Defendant be ordered to pay to Conair damages caused to Conair by reason
of Defendants’ infringement of the ‘790 Design Patent, including treble damages for willful
infringement of the Design Patent, pursuant to 35 U.S.C. § 284;
VII. That Defendants be ordered to provide Conair with a complete list of: (a)
individuals and entities who manufactured the Counterfeit Products (along with the quantities of
all such infringing and counterfeit merchandise); (b) individuals and entities that sold or
provided the Counterfeit Products to Defendants (along with the quantities of all such infringing
and counterfeit merchandise); and (c) individuals and entities to whom or which Defendants
sold, offered for sale, distributed, advertised or promoted the Counterfeit Products (along with
the quantities of all such counterfeit merchandise);
VIII. Awarding applicable interest, costs, disbursements and attorneys’ fees; and
IX. Awarding Plaintiff such other and further relief as the Court deems just and
proper.
JURY DEMAND
Plaintiff demands a trial by jury on all issues so triable pursuant to Federal Rule of
Civil Procedure 38.
RESPECTFULLY SUBMITTED.
DATED: February 19, 2020

CONAIR CORPORATION
By: DUNLAP BENNETT & LUDWIG, PLLC
By: /s/ Thomas M. Dunlap

Thomas M. Dunlap
Attorneys for Plaintiff

DUNLAP BENNETT & LUDWIG PLLC
8300 Boone Blvd, Ste 550
Vienna VA 22182
16
(703) 777-7319
(703) 777-3656 (facsimile)
Thomas M. Dunlap
USDC-PR No. 305706
E-Mail: tdunlap@dbllawyers.com
David Ludwig
USDC-PR No. 305707
E-Mail: dludwig@dbllawyers.com
litigation@dbllawyers.com
ecf@dblawyers.com
17
Case 3:20-cv-01093 Document 1-1 Filed 02/19/20 Page 1 of 2
EXHIBIT A
EXHIBIT B
EXHIBIT C
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AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT

for the
District
__________ of Puerto
District Rico
of __________
CONAIR CORPORATION )
)
)
)
Plaintiff(s) )
)
v. Civil Action No. 3:20-cv-01093
)
NEXT G, CORP. )
d/b/a FARMACIA SAVIA, and )
DOES 1-10 )
)
Defendant(s) )
SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) Next G, Corp. d/b/a Farmacia Savia
Serve: Awad Ibrahim Yassin, Resident Agent
Bo. Hato Tejas Carr 862 KM 1.9
Bayamon, PR 00956
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: Thomas M. Dunlap
DUNLAP BENNETT & LUDWIG PLLC
8300 Boone Blvd, Ste 550
Vienna VA 22182
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. 3:20-cv-01093
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) .
u I personally served the summons on the individual at (place)

on (date) ; or
u 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
u 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
u I returned the summons unexecuted because ; or
u 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:

Conair v. Next G - Complaint

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Case 3:20-cv-01093 Document 1 Filed 02/19/20 Page 1 of 17

IN THE UNITED STATES DISTRICT COURT

TO THE HONORABLE COURT:

states, and prays as follows:

NATURE OF THE ACTION

Act, the Patent Act, and Puerto Rico common law.

JURISDICTION AND VENUE

infringement claims under 28 U.S.C. §§ 1331 and 1338(a).

incorporated and do business in this judicial district.

6. Conair is a Delaware corporation with its headquarters, sales and marketing

BabylissPro® (Reg. No. 4,561,367).

7. Upon information and belief, Defendant is a Puerto Rico corporation with a

FACTS COMMON TO ALL COUNTS

A. Conair’s Babyliss® Trademarks

through its website <www.babylisspro.com/>.

Mark U.S. Reg. Reg. Date Class Goods/Services

BaByliss® 1,148,225 03/10/1981 009 Electric Hair Styling Apparatus-

BabylissPro® 4,561,367 07/01/2014 008 Electric hair trimmers; Hair

011 Electric hair dryers

021 Hair Brushes

incontestable pursuant to 15 U.S.C. § 1065.

information on the packaging as shown below.

Image of the Counterfeit Packaging Image of Farmacia Savia Shelves

and promotion of its products.

and are famous.

throughout the United States.

the world and in the United States, including Puerto Rico.

B. Conair’s Design Patent

23. As shown below, Defendants’ infringing and counterfeit product appears

U.S. Patent Number D596,790 Image of Infringing Product

C. Defendants’ Infringing Activities

way with Conair.

are connected in some way with Conair.

way with Conair.

32. As a result of Defendants’ action, Conair is suffering a loss of the enormous

counsel thereafter ceased all communications.

paragraphs as if fully set forth herein.

as originating from Conair.

32(1) of the Lanham Act, 15 U.S.C. § 1114(1).

Lanham Act, 15 U.S.C. § 1116(d).

39. Defendants’ use of the Babyliss® Marks is without Conair’s permission or

authority and in total disregard of Conair’s rights to control its trademarks.

business activities, all to the detriment of Conair.

damages under Section 35(c) of the Lanham Act, 15 U.S.C. § 1117(c).

paragraphs as if fully set forth herein.

BaByliss® and BabylissPro®.

45. These trademark registrations are valid, enforceable and incontestable.

Products, which comprise of hair straighteners purporting to be made by Conair.

bears a mark identical to the BabylissPro® trademark (Reg. No. 4,561,367).

49. Defendants’ actions constitute trademark counterfeiting in violation of Conair’s

rights under 15 U.S.C. § 1114(1).

Lanham Act, 15 U.S.C. § 1116(d).

51. Defendants’ use of the Babyliss® Marks is without Conair’s permission or

authority and in total disregard of Conair’s rights to control its trademarks.

business activities, all to the detriment of Conair.

damages under Section 35(c) of the Lanham Act, 15 U.S.C. § 1117(c).

paragraphs as if fully set forth herein.

or association of the Defendants with Conair, or as to the origin, sponsorship, or approval of

Defendants' counterfeit hairstyling tools or products by Conair.

57. Defendants’ use of the Babyliss® Marks is without Conair’s permission or

authority and in total disregard of Conair’s rights to control its trademarks.

business activities, all to the detriment of Conair.

damages under Section 35(c) of the Lanham Act, 15 U.S.C. § 1117(c).

paragraphs as if fully set forth herein.

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