Kiel James Patrick v. Feishuang - Complaint

Case 1:19-cv-00595-JJM-LDA Document 1 Filed 11/15/19 Page 1 of 24 PageID #: 1
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF RHODE ISLAND
) REQUEST FOR EMERGENCY

KIEL JAMES PATRICK, LLC, and) EX PARTE TEMPORARY
KIEL JAMES PATRICK ) RESTRAINING ORDER
ENTERPRISES, INC., )
Plaintiffs, )
)
v. ) C.A. No.
)
GU FEISHUANG, )
GODADDY.COM, LLC, PAYPAL, )
INC., and CLOUDFLARE, INC., )
Defendants. )
)
VERIFIED COMPLAINT AND REQUEST FOR TEMPORARY RESTRAINING

ORDER AND PRELIMINARY INJUNCTION
NOW COME Kiel James Patrick, Inc. (“KJP, Inc.”) and Kiel James Patrick, LLC (“KJP,
LLC”) and hereby file this Verified Complaint against Gu Feishuang (“Feishuang”),
GoDaddy.com, LLC (“GoDaddy”), PayPal, Inc. (“PayPal”), and Cloudflare, Inc. (“Cloudflare”)
for money and equitable damages resulting from the causes of action set forth herein.
Parties
1. KJP, Inc. is a Rhode Island corporation with a principal place of business at 925
Central Avenue, Pawtucket, RI 02861.
2. KJP, LLC (collectively with KJP, Inc., “Plaintiffs”) is a Rhode Island limited
liability company with a principal place of business at 925 Central Avenue, Pawtucket, RI 02861.
3. Upon information and belief, Feishuang is an individual residing at No.12 Beiyuan
Middle Road, Shishan Town, Nanhai District, Foshan City, Guangdong Province, 528225 China.
4. Upon information and belief, GoDaddy is a Delaware limited liability company
with a principal place of business at 14455 N. Hayden Road, Suite 219, Scottsdale, AZ 85260.
5. Upon information and belief, PayPal is a Delaware corporation with a principal
place of business at 2211 North First Street, c/o Corporate Legal Department, San Jose, CA 95131.
6. Upon information and belief, Cloudflare is a California corporation with a principal
place of business at 101 Townsend, San Francisco, CA 94107.
Jurisdiction and Venue
7. The Court has subject matter jurisdiction over the claims in this action pursuant to
the Lanham Act, 15 U.S.C. § 1051 et seq., and 28 U.S.C. §§ 1331, 1338.
8. The Court has jurisdiction over the claims in this action that arise under state law
pursuant to 28 U.S.C. § 1367(a).
9. Venue is proper in this Court pursuant to 28 U.S.C. § 1391, and this Court may
properly exercise personal jurisdiction over Feishuang as he directly targets consumers in the
United States, including Rhode Island, through at least one fully interactive commercial internet
store operating at www.KielJames.com. Additionally, upon information and belief, GoDaddy,
PayPal, and Cloudflare all have customers in Rhode Island and purposefully avail themselves to
the laws of Rhode Island by conducting business there. Furthermore, GoDaddy and PayPal are
registered with the Rhode Island Secretary of State to do business in Rhode Island.
Facts
Background
10. Plaintiffs design, create, manufacture, and sell original, American-made fashion
products and accessories, including, among other things, clothing, jewelry, and pet accessories
(collectively, “Products”).
11. The Products are uniquely inspired by the nautical lifestyle of New England and
New England residents living or pursuing the “American dream.”
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12. Plaintiffs own and operate the online e-commerce store at
www.KielJamesPatrick.com (“KJP Website”) where Plaintiffs market and sell the Products.
13. Plaintiffs also sell the Products at the KJP Flagship Store in Newport, Rhode Island.
14. In connection with selling the Products on the KJP Website, Plaintiffs have
designed, created, and continuously utilized stylized anchor designs (collectively, “Anchor
Design”) as a trademark of Plaintiffs’ design, craftsmanship, and quality of the Products.
15. The Anchor Design is registered as a trademark with the United States Patent and
Trademark Office (“USPTO”) as Trademark Registration Nos. 4,819,102 and 5,787,724
(collectively, “Anchor Trademark Registration”) and is depicted below. True and accurate copies
of the Anchor Trademark Registration are attached hereto as Exhibit A and incorporated herein
by reference.
16. In addition, Plaintiffs’ registered the trademark “KJP” and “KIEL JAMES
PATRICK” (collectively, “KJP Marks” or together with the Anchor Design, the “Marks”),
depicted below, with the USPTO as Trademark Registration Nos. 5,787,726 and 5,799,190,
respectively (“KJP Trademark Registration, collectively with the Anchor Trademark Registration,
the “Trademark Registrations”). True and accurate copies of the KJP Trademark Registration are
attached hereto as Exhibit B and incorporated herein by reference.
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17. The Trademark Registrations are prima facie evidence of Plaintiffs’ exclusive right
to use the Marks as a trademark pursuant to 15 U.S.C. § 1057(b), and are valid, subsisting, and in
full force and effect.
18. The Marks are distinctive and identify the Products as goods designed,
manufactured, and sold by Plaintiffs.
19. Since the initial launch of the Marks, they have been the subject of substantial and
continuous marketing and promotion by Plaintiffs. Plaintiffs have and continue to widely market
and promote their Marks in the industry to its customers. Such promotion efforts include, but are
not limited to, print media, webpages, and social media sites.
20. Plaintiffs have expended substantial time, money, and other resources in
developing, advertising, and promoting the Marks, which has resulted in the Marks being widely
recognized and exclusively associated by consumers, the public, and the trade as being Products
distinctly from Plaintiffs.
21. Due to the widespread popularity of the Products, the Marks are famous trademarks
pursuant to 22 U.S.C. § 1125(c).
22. For example, one of Plaintiffs’ Instagram accounts—where the Marks and Products
are consistently marketed—has over 700,000 “followers” who follow and support Plaintiffs.
23. Furthermore, due to the quality, design, and manufacturing of the Products, the
Marks have developed a reputation of high-quality, well-manufactured, American-made goods.
Bad Faith Domain Registration
24. Likely based upon Plaintiffs’ success in designing, manufacturing, and selling high-
quality Products, an internet store at www.KielJames.com (“Imposter Site”) appears to be offering
genuine KJP products for sale, while selling inferior imitations of KJP’s products.
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25. Upon information and belief, Feishuang is the owner of the Imposter Site as
Feishuang’s name, address, and email appear at the bottom of the Imposter Site and is listed in the
“Contact Us” portion of the Imposter Site.
26. Upon information and belief, GoDaddy is the registrar of the Imposter Site.
27. Upon information and belief, Cloudflare is the host of the Imposter Site.
28. Upon information and belief, PayPal offers “check out” or payment services for the
Imposter Site.
29. “Kiel James” is confusingly similar to “Kiel James Patrick,” a registered trademark
belonging to Plaintiffs.
30. Adding to such confusion, the Imposter Site also purports to sell Plaintiffs’
products, or products identical or substantially similar to Plaintiffs’ products, and that Feishuang
has copied all stylistic, design, and content from the KJP Website onto the Imposter Site to deceive
Plaintiffs’ loyal customers into believing that the Imposter Site is the KJP Website. Attached
hereto as Exhibits C and D are true and accurate copies of the landing page of the KJP Website
and the Imposter Site, respectively, which are almost identical.
31. Feishuang registered the Imposter Site not to conduct legitimate business, but
instead for the bad faith purpose of confusing the public and Plaintiffs’ loyal customers to re-direct
them to an illegitimate website and to benefit from the goodwill and reputation of Plaintiffs.
32. Upon information and belief, Feishuang registered, traffics in, or uses the domain
www.KielJames.com as a “phishing” website to collect the credit card information of Plaintiffs’
customers.
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Unlawful Use of Trademark
33. Feishuang is manufacturing, producing, marking, distributing, offering for sale, and
selling in interstate commerce merchandise bearing a design that is identical to the Marks.
34. For instance, Plaintiffs are widely known and recognized for the sale of rope
bracelets (“KJP Rope Bracelets”), which bear the Anchor Design, as depicted below.
35. A hallmark of the KJP Rope Bracelets is that the Anchor Design operates as a clasp,
holding both ends of the bracelet together.
36. The Anchor Design, as used in the KJP Rope Bracelets, is a registered trademark
of Plaintiffs by virtue of the Anchor Design Trademark Registration.
37. Feishuang, through the Imposter Site, is selling imitation productions of Plaintiffs
that bear the Anchor Design without Plaintiffs’ consent or permission.
38. For instance, Feishuang, through the Imposter Site, is selling imitation rope
bracelets (“Imitation Rope Bracelets”) that are exactly the same in appearance and design as the
KJP Rope Bracelets. The Imitation Rope Bracelets, which are depicted below, use the Anchor
Design as a prominent design feature.
39. The Imitation Rope Bracelets use the Anchor Design without Plaintiffs’ permission
or consent.
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40. Feishuang willfully used, and continues to use, the Anchor Design in selling the
Imitation Rope Bracelets to trade on the goodwill and popularity associated with the KJP Rope
Bracelets. Even more egregiously, Feishuang sells the Imitation Rope Bracelets at the exact
same—or very close to—price that Plaintiffs sell the KJP Rope Bracelets on the KJP Website.
41. In addition to using the Anchor Design without Plaintiffs’ consent or permission,
Feishuang, through the Imposter Site, has also improperly affiliated himself with Plaintiffs by
using the KJP Marks.
42. For instance, the landing page of the Imposter Site identifies as “Kiel James” next
to the Anchor Design, as shown below:
43. The words “Kiel James” next to the Anchor Design are substantially similar to the
KJP Mark of “Kiel James Patrick.”
44. The KJP Mark “Kiel James Patrick” is published on the KJP Website, as depicted
below, and is also set next to the Anchor Design:
45. The words “Kiel James” are set forth on the Imposter Site in an identical font, color,
and place as the trademark “Kiel James Patrick.”
46. The words “Kiel James” on the Imposter Site, are set next to the Anchor Design in
an identical manner as the trademark “Kiel James Patrick” on the KJP Website.
47. There exists a high likelihood of confusion based upon Feishuang selling products
identical to Plaintiffs’ Products bearing the Anchor Design, and Feishuang using the name “Kiel
James” on the Imposter Site and in the Imposter Site’s domain name—which is substantially
similar to Kiel James Patrick—with designs and content identical to the KJP Website.
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48. Feishuang’s action in creating the Imposter Site are causing, and will continue to
cause a likelihood of confusion and deception of members of the trade and public, and injury to
Plaintiffs’ goodwill and reputation.
49. The likelihood of confusion, mistake, and deception cause by the Imposter Site and
Feishuang’s actions is causing irreparable harm to Plaintiffs’ goodwill as symbolized by the Marks
and the reputation of quality that it embodies.
50. In fact, the Imposter Site—by virtue of using the Marks—has caused actual
confusion, as Plaintiffs’ have received calls from both potential and actual customers who
indicated that they inadvertently placed orders on the Imposter Site after confusing it to be the KJP
Website.
Unlawful Patent Infringement
51. In addition to using the Marks without Plaintiffs’ consent, the Imposter Site also
sells counterfeit and imitation KJP Products.
52. In addition to other counterfeit apparel and accessories, the Imposter Site
specifically purports to sell the same rope bracelets that the Plaintiffs sell on the KJP Website,
among other things, such as jewelry and clothing.
53. Specifically, Imposter Site purports to sell the “ACK Latitude” bracelet, which
bears the following design:
54. Plaintiffs are the current owner and holder of United States Design Patent No. US
D719,043S (“Design Patent”) relative to the design of the ACK Latitude. A true and accurate
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copy of the Design Patent is attached hereto as Exhibit E and incorporated herein by reference.
The Design Patent protects the “ornamental design for a bracelet, as shown and described”:
55. In addition to the ACK Latitude, the Imposter Site is selling other rope bracelets
that are infringing upon the Design Patent, such as Cape Knot Hitch, Northern Light, American
Coast, American Classic, Barrington Spinnaker, Felicity’s Wave Pool, Kennedy Compound,
Mystic Knot, East Hampton Knot, Palm Beach Knot, and Chatham Knot (collectively, “Imposter
Rope Bracelets”). Attached hereto as Exhibit F is the Imposter Site’s listing of the Rope Bracelets.
56. The Imposter Rope Bracelets being offered for sale on the Imposter Site have an
identical design to the design described in the Design Patent.
57. The Imposter Rope Bracelets being offered for sale on the Imposter Site incorporate
all distinguishing features of the design in the Design Patent.
58. Plaintiffs did not grant Feishuang authorization or license to make, use, offer to sell,
or sell the Imposter Rope Bracelets.
59. Upon information and belief, Feishuang, through the Imposter Site, is selling
inferior-in-quality and imposter bracelets with the identical design to the ACK Latitude without
Plaintiffs’ consent or permission and is thus infringing upon the Design Patent.
60. As a result, Feishuang has directly infringed, and continues to directly infringe, the
Design Patent by making, using, offering to sell, selling and/or importing the Rope Bracelets,
which have the identical same design as the design claimed in the Design Patent.
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Customer Deception
61. Upon information and belief, Feishuang is operating the Imposter Site so that it
appears to unknowing customers to be an authorized online retailer, store, or wholesaler of
Plaintiffs’ genuine Anchor Design Products.
62. The Imposter Site is, upon information and belief, set up to accept payment in U.S.
dollars via credit cards through PayPal.
63. The Imposter Site bears almost identical design elements to the KJP Website in an
attempt to make it difficult for consumers to distinguish between the Imposter Site and the KJP
Website.
64. In fact, as recently as November 13, 2019, Plaintiffs have received reports that
customers have mistakenly placed orders through the Imposter Site, thinking that they were
placing orders through the KJP Website.
Count I
Trademark Infringement
65. Plaintiffs repeat and incorporate by reference herein their allegations in paragraphs
1 through 64.
66. KJP, LLC is the exclusive owner of the Marks by virtue of the Trademark
Registrations.
67. Feishuang has created the Imposter Site, which uses the Marks without Plaintiffs’
consent.
68. The Imposter Site is located at www.KielJames.com, which is substantially similar
to the KJP Website’s location at www.KielJamesPatrick.com.
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69. The domain name www.KielJames.com is substantially similar to
www.KielJamesPatrick.com, which is a domain name owned and held by Plaintiff.
70. Such substantial similarity is misleading and confusing to Plaintiffs’ customers and
the public, and has, in fact, already caused Plaintiffs’ potential customers to mistakenly place
orders on the Imposter Website.
71. The Imposter Site purports to sell Products, or counterfeit version of the Products,
with the Anchor Design without Plaintiffs’ consent.
72. Feishuang has sold, offered to sell, marketed, distributed, and advertised, and is still
selling, offering to sell, marketing, distributing, and advertising products in connection with the
Anchor Design without Plaintiffs’ permission or consent, under the auspices of the KJP Mark.
73. Feishuang, without any authorization or license from Plaintiffs, have knowingly
and willfully used and continue to use the Marks in connection with the advertisement,
distribution, offering for sale, and sale of counterfeit products of Plaintiffs into the United States
and Rhode Island over the Internet.
74. Plaintiffs are the exclusive owner of the Marks trademark by virtue of the
Trademark Registrations, which are in full force and effect.
75. Upon information and belief, Feishuang has knowledge of Plaintiffs’ rights in the
Marks, and is willfully infringing and intentionally using counterfeits of the Anchor Design and
the KJP Mark.
76. Feishuang’s willful, intentional and unauthorized use of the Marks is likely to cause
and is causing confusion, mistake, and deception as to the origin and quality of the counterfeit
goods among the general public.
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77. Feishuang’s activities constitute willful trademark infringement and counterfeiting
under 15 U.S.C. § 1114.
78. Plaintiffs have no adequate remedy at law, and if Feishuang’s actions are not
enjoined, Plaintiffs will continue to suffer irreparable harm to its reputation and the goodwill of its
well-known Marks.
79. The injuries and damages sustained by Plaintiffs have been directly and
proximately caused by Feishuang’s wrongful use of the Marks and wrongful reproduction, use,
advertisement, promotion, offering to sell, and sale of counterfeit products of Plaintiffs.
Count II
False Designation of Origin
1 through 79.
81. Feishuang’s promotion, marketing, offering for sale, and sale of counterfeit
products of Plaintiffs has created and is creating a likelihood of confusion, mistake, and deception
among the general public as to the affiliation, connection, or association with Plaintiffs or the
origin, sponsorship, or approval of Feishuang’s counterfeit products by Plaintiffs.
82. By using the Marks in connection with the sale of counterfeit products of Plaintiffs,
Feishuang’s creates a false designation of origin and a misleading representation of fact as to the
origin and sponsorship of the counterfeit products.
83. Feishuang’s false designation of origin and misrepresentation of fact as to the origin
and/or sponsorship of the counterfeit products to the general public is a willful violation of Section
43 of the Lanham Act, 15 U.S.C. § 1125.
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84. Plaintiffs have no adequate remedy at law and, if Feishuang’s actions are not
enjoined, Plaintiffs will continue to suffer irreparable harm to its reputation and the goodwill of its
brand.
Count III
Trademark Dilution
1 through 84.
86. The Anchor Design is a famous mark as it is widely and generally known as a
trademark or symbol of Plaintiffs and the Products.
87. The Anchor Design is a famous mark because the Products that bear it are have
been—and still are—sold nationally and internationally.
88. Feishuang has diluted or tarnished the Anchor Design by using it in connection with
goods for sale on the Imposter Site.
89. By selling goods on the Imposter Site with the Anchor Design—or purporting to
bear the Anchor Design—Feishuang has impaired the distinctiveness of the Anchor Design and
tarnished the reputation of the Anchor Design.
90. For instance, the Imposter Site uses the Anchor Design and sells goods in no way
affiliated with Plaintiffs, such as “The Thumble Wearable Baby Nail File,” “Captan Fungicide,”
and “Livingston Adult’s Fund Animal Knitted Winter Beanie Hat w/Ear Flaps,” all of which
tarnish the Anchor Design’s reputation of high-quality, American-made goods, and blur the high-
quality, American-made association arising from the Marks with that of goods and products not
affiliated with Plaintiff, the Marks, quality, or American manufacturing. See Ex. D.
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Count IV
Contributory Trademark Infringement
1 through 90.
92. Upon information and belief, GoDaddy is the registrar of the Imposter Site, and in
connection therewith entered into a Domain Name Registration Agreement (“DNRA”) with
Feishuang, which provided the following:
You represent and warrant to the best of your knowledge that,

neither the registration of the domain nor the manner it is directly or
indirectly used, infringes the legal rights of any third party. You will
comply with all applicable laws, including, but not limited to those
relating to privacy, data collection, consumer protection, fair
lending, debt collection, organic farming, and disclosure of data and
financial disclosures . . .
Your ability to use any of the services provided by GoDaddy is

subject to cancellation or suspension in the event there is an
unresolved breach of this Agreement . . .
Your registration of any domain names shall be subject to

suspension, cancellation or transfer pursuant to any ICANN adopted
specification or policy, or pursuant to any GoDaddy procedure not
inconsistent with an ICANN adopted specification or policy . . . for
the resolution of disputes concerning any domain name.
You acknowledge and agree that GoDaddy and registry reserve the
right to deny, cancel or transfer any registration or transaction, or
place any domain name(s) on lock, hold or similar status, as either
deems necessary, in the unlimited and sole discretion of either
GoDaddy or the registry: . . . to comply with any applicable court
orders, laws, government rules or requirements, requests of law
enforcement, or any dispute resolution process, . . . or . . . during
the resolution of a dispute.
93. Accordingly, GoDaddy has the ability to rescind, cancel, or transfer the domain of
the Imposter Site. In addition, GoDaddy’s Uniform Domain Name Dispute Resolution Policy
(“UDNDRP”) expressly provides the following:
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2. Your Representations
By applying to register a domain name, or by asking us to
maintain or renew a domain name registration, you hereby
represent and warrant to us that (a) the statements that you
made in your Registration Agreement are complete and
accurate; (b) to your knowledge, the registration of the
domain name will not infringe upon or otherwise violate the
rights of any third party; (c) you are not registering the
domain name for an unlawful purpose; and (d) you will not
knowingly use the domain name in violation of any
applicable laws or regulations . . . .
3. Cancelations, Transfer, and Changes

We will cancel, transfer, or otherwise make changes to
domain name registrations under the following
circumstances:
[...]
ii. Our receipt of an order from a court or arbitral

tribunal, in each case of competent jurisdiction
requiring such action . . .
94. Plaintiffs contacted GoDaddy and informed them of the Imposter Site and the
perpetuating trademark infringement by Feishuang.
95. Despite being informed of a trademark infringement, GoDaddy took no action to
assist Plaintiffs or prevent Feishuang from infringing upon Plaintiffs’ trademark, even though
GoDaddy had the ability, pursuant to the DNRA and UDNDRP to suspend, transfer, or cancel the
Imposter Site’s domain name.
96. After being informed that Feishuang was perpetuating a trademark infringement,
GoDaddy continued to supply its services and or products to Feishuang or the Imposter Site.
97. As a result, GoDaddy has knowingly and willfully permitted Feishuang to
perpetuate a trademark infringement, and thus has contributed to Feishuang’s trademark
infringement and is contributorily liable to Plaintiffs.
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Count V
Cyberpiracy
1 through 97.
99. Feishuang registered, traffics in, and uses the domain name www.KielJames.com.
100. www.KielJames.com is substantially similar or confusingly similar to Plaintiffs’
domain name, www.KielJamesPatrick.com.
101. Feishuang registered, traffics in, and uses the domain name www.KielJames.com
in bad faith and for non-legitimate business purposes, such as “phishing” for credit card
information of Plaintiffs’ customers.
102. Feishuang registered, traffics in, and uses the domain name www.KielJames.com
for the purpose of diverting Plaintiffs’ customers away from www.KielJamesPatrick.com to the
illegitimate site www.KielJames.com to harm Plaintiffs’ goodwill, for commercial gain, with the
intent to disparage the Marks, or by creating a likelihood of confusion as to the source, sponsorship,
application, or endorsement of the Imposter Site.
103. Feishuang’s registering, trafficking in, and use of www.KielJames.com is not fair
use or otherwise lawful.
104. As a result of Feishuang’s bad faith use of www.KielJames.com, the Court has the
authority to order the forfeiture or cancellation of such domain name, or the transfer of such
domain name to Plaintiffs.
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Count VI
Patent Infringement
1 through 104.
106. Plaintiffs are the holders of the Design Patent for rope bracelets.
107. Feishuang has infringed and is still infringing the Design Patent by making, selling,
and using the imposter Rope Bracelets that embodied the design in the Design patent, and
Feishuang will do so unless enjoined by this Court.
108. Feishuang’s actions of making, using, importing, selling and/or offering for sale
imposter Rope Bracelets on the Imposter Website has been without permission, consent,
authorization, or license.
109. Feishuang knew, or should have known, that Plaintiffs owned or held the Design
Patent and that the Imposter Rope Bracelets infringed upon the Design Patent.
110. Feishuang has sold and continues to sell the imposter Rope Bracelets in complete
and reckless disregard of Plaintiffs’ patent rights under the Design Patent.
111. As such Feishuang has acted recklessly and continues to willfully, wantonly, and
deliberately engage in acts of infringement of the Design Patent.
Count VII
Contributory Patent Infringement
1 through 111.
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113. Upon information and belief, GoDaddy is the registrar of the Imposter Site and in
connection therewith entered into a Domain Name Registration Agreement (“DNRA”) with
Feishuang, which provided the following:
You represent and warrant to the best of your knowledge that,

neither the registration of the domain nor the manner it is directly or
indirectly used, infringes the legal rights of any third party. You will
comply with all applicable laws, including, but not limited to those
relating to privacy, data collection, consumer protection, fair
lending, debt collection, organic farming, and disclosure of data and
financial disclosures . . .
Your ability to use any of the services provided by GoDaddy is

subject to cancellation or suspension in the event there is an
unresolved breach of this Agreement . . .
Your registration of any domain names shall be subject to

suspension, cancellation or transfer pursuant to any ICANN adopted
specification or policy, or pursuant to any GoDaddy procedure not
inconsistent with an ICANN adopted specification or policy . . . for
the resolution of disputes concerning any domain name.
You acknowledge and agree that GoDaddy and registry reserve the
right to deny, cancel or transfer any registration or transaction, or
place any domain name(s) on lock, hold or similar status, as either
deems necessary, in the unlimited and sole discretion of either
GoDaddy or the registry: . . . to comply with any applicable court
orders, laws, government rules or requirements, requests of law
enforcement, or any dispute resolution process, . . . or . . . during
the resolution of a dispute.
114. Accordingly, GoDaddy has the ability to rescind, cancel, or transfer the domain of
the Imposter Site. In addition, GoDaddy’s Uniform Domain Name Dispute Resolution Policy
(“UDNDRP”) expressly provides the following:
2. Your Representations
By applying to register a domain name, or by asking us to
maintain or renew a domain name registration, you hereby
represent and warrant to us that (a) the statements that you
made in your Registration Agreement are complete and
accurate; (b) to your knowledge, the registration of the
domain name will not infringe upon or otherwise violate the
18
rights of any third party; (c) you are not registering the
domain name for an unlawful purpose; and (d) you will not
knowingly use the domain name in violation of any
applicable laws or regulations . . . .
3. Cancelations, Transfer, and Changes

We will cancel, transfer, or otherwise make changes to
domain name registrations under the following
circumstances:
[...]
ii. Our receipt of an order from a court or arbitral

tribunal, in each case of competent jurisdiction
requiring such action . . .
115. Plaintiffs contacted GoDaddy and informed them of the Imposter Site and the
perpetuating patent infringement by Feishuang.
116. Despite being informed of a patent infringement, GoDaddy took no action to assist
Plaintiffs or prevent Feishuang from infringing upon Plaintiffs’ patent.
117. After being informed that Feishuang was perpetuating a patent infringement,
GoDaddy continued to supply its services and or products to Feishuang or the Imposter Site.
118. As a result, GoDaddy has knowingly and willfully permitted Feishuang to
perpetuate a patent infringement, and thus has contributed to Feishuang’s patent infringement and
is contributorily liable to Plaintiffs.
Count VII
Injunctive Relief
1 through 118.
120. As a result of Feishuang’s unlawful and infringing activity on the Imposter Site,
GoDaddy should be enjoined from further offering services to Feishuang.
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Cloudflare should be enjoined from further offering services to Feishuang.
PayPal should be enjoined from making any distributions from any PayPal account in the name of
Feishuang until further order of this Court.
WHEREFORE, Plaintiffs pray for judgment against Defendants as follows:
A. That Feishuang, his affiliates, agents, servants, employees, attorneys, confederates,
and all persons acting for, with, by, through, under, or in active concert with him be temporarily,
preliminarily, and permanently enjoined and restrained from:
a. Using the Marks or any reproductions, counterfeit copies, or colorable imitations
thereof in any manner in connection with the distribution, marketing, advertising,
offering for sale, or sale of any product that is not a genuine product of Plaintiffs or
is not authorized by Plaintiffs to be sold in connection with the Marks;
b. Passing off, inducing, or enabling others to sell or pass off any product as a genuine
product of Plaintiffs’ or any other product produced by Plaintiffs that is not
Plaintiffs’ or not produced under the authorization, control, or supervision of
Plaintiffs and approved by Plaintiffs for sale under the Marks;
c. Committing any acts calculated to cause consumers to believe that Feishuang’s
counterfeit products are those sold under the authorization, control, or supervision
of Plaintiffs, or are sponsored by, approved by, or otherwise connected with
Plaintiffs;
d. Further infringing the Marks and damaging Plaintiffs’ goodwill;
e. Otherwise competing unfairly with Plaintiffs’ in any manner;
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f. Shipping, delivering, holding for sale, transferring or otherwise moving, storing,
distributing, returning, or otherwise disposing of, in any manner, products or
inventory not manufactured by or for Plaintiffs, nor authorized by Plaintiffs to be
sold or offered for sale, and which bear any trademark of Plaintiffs, including the
Marks, or any reproductions, counterfeit copies, or colorable imitations thereof;
g. Using, linking to, transferring, selling, exercising control over, or otherwise owning
the Imposter Site, or the domain name www.KielJames.com or any other domain
name or online marketplace account that is being used to sell or is the means by
which Feishuang could continue to sell counterfeit products of Plaintiffs; and
h. Operating and/or hosting websites at www.KielJames.com and any other domain
names registered or operated by Feishuang that are involved with the distribution,
marketing, advertising, offering for sale, or sale of any product bearing the Marks
or any reproduction, counterfeit copy or colorable imitation thereof that is not a
genuine product of Plaintiffs or not authorized by Plaintiffs to be sold in connection
with the Marks.
B. That Feishuang, within fourteen (14) days after service of judgment with notice of
entry thereof upon them, be required to file with the Court and serve upon Plaintiffs a written
report under oath setting forth in detail the manner and form in which Feishuang has complied
with paragraph 1, a through h, above;
C. Entry of an Order that, at Plaintiffs’ choosing, the registrant of the
www.KielJames.com shall be changed from the current registrant to Plaintiffs, and that the domain
name registries such domain name shall unlock and change the registrar of record for the domain
name to a registrar of Plaintiffs’ selection, and that the domain name registrars take any steps
21
necessary to transfer the domain to a registrar of Plaintiffs’ selection; or that the same domain
name registries shall disable www.KielJames.com and make it inactive and untransferable.
D. Entry of an Order that, upon Plaintiffs’ request, those in privity with Feishuang and
those with notice of the injunction, including any online marketplaces, social media platforms,
Facebook, YouTube, LinkedIn, Twitter, Internet search engines such as Google, Bing and Yahoo,
web hosts for www.KielJames.com, and domain name registrars, shall:
a. Disable and cease providing services for any accounts through which Defendants
engage in the sale of counterfeit products of Plaintiffs using the Marks;
b. Disable and cease displaying any advertisements used by or associated with
Feishuang in connection with the sale of counterfeit products of Plaintiffs using the
Marks; and
c. Take all steps necessary to prevent links to the Imposter Site from displaying in
search results, including, but not limited to, removing links to the Imposter Site
from any search index; and
E. Entry of an Order that enjoins PayPal from making any distributions from any
PayPal account established in the name of Feishuang.
F. Entry of an Order that enjoins Cloudflare from hosting any content on the Imposter
Site.
G. That Feishuang account for and pay to KJP all profits realized by Feishuang by
reason of Feishuang’s unlawful acts herein alleged, and that the amount of damages for
infringement of the Marks be increased by a sum not exceeding three times the amount thereof as
provided by 15 U.S.C. § 1117;
22
H. In the alternative, that Plaintiffs be awarded statutory damages pursuant to 15
U.S.C. § 1117(c)(2) of $2,000,000 for each and every use of the Marks;
I. That Plaintiffs be awarded its reasonable attorneys’ fees and costs; and
J. Award any and all other relief that this Court deems just and proper.
23
Case 1:19-cv-00595-JJM-LDA Document 1-1 Filed 11/15/19 Page 1 of 2 PageID #: 25

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Case 1:19-cv-00595-JJM-LDA Document 1 Filed 11/15/19 Page 1 of 24 PageID #: 1

UNITED STATES DISTRICT COURT

) REQUEST FOR EMERGENCY

VERIFIED COMPLAINT AND REQUEST FOR TEMPORARY RESTRAINING

Central Avenue, Pawtucket, RI 02861.

3. Upon information and belief, Feishuang is an individual residing at No.12 Beiyuan

4. Upon information and belief, GoDaddy is a Delaware limited liability company

5. Upon information and belief, PayPal is a Delaware corporation with a principal

6. Upon information and belief, Cloudflare is a California corporation with a principal

place of business at 101 Townsend, San Francisco, CA 94107.

Jurisdiction and Venue

pursuant to 28 U.S.C. § 1367(a).

store operating at www.KielJames.com. Additionally, upon information and belief, GoDaddy,

New England residents living or pursuing the “American dream.”

12. Plaintiffs own and operate the online e-commerce store at

Design”) as a trademark of Plaintiffs’ design, craftsmanship, and quality of the Products.

Trademark Office (“USPTO”) as Trademark Registration Nos. 4,819,102 and 5,787,724

attached hereto as Exhibit B and incorporated herein by reference.

full force and effect.

manufactured, and sold by Plaintiffs.

distinctly from Plaintiffs.

pursuant to 22 U.S.C. § 1125(c).

Marks have developed a reputation of high-quality, well-manufactured, American-made goods.

Bad Faith Domain Registration

quality Products, an internet store at www.KielJames.com (“Imposter Site”) appears to be offering

“Contact Us” portion of the Imposter Site.

and the Imposter Site, respectively, which are almost identical.

www.KielJames.com as a “phishing” website to collect the credit card information of Plaintiffs’

Unlawful Use of Trademark

holding both ends of the bracelet together.

of Plaintiffs by virtue of the Anchor Design Trademark Registration.

that bear the Anchor Design without Plaintiffs’ consent or permission.

Design as a prominent design feature.

using the KJP Marks.

to the Anchor Design, as shown below:

KJP Mark of “Kiel James Patrick.”

below, and is also set next to the Anchor Design:

and place as the trademark “Kiel James Patrick.”

Plaintiffs’ goodwill and reputation.

and the reputation of quality that it embodies.

Unlawful Patent Infringement

sells counterfeit and imitation KJP Products.

among other things, such as jewelry and clothing.

bears the following design:

identical design to the design described in the Design Patent.

all distinguishing features of the design in the Design Patent.

or sell the Imposter Rope Bracelets.

appears to unknowing customers to be an authorized online retailer, store, or wholesaler of

Plaintiffs’ genuine Anchor Design Products.

dollars via credit cards through PayPal.

placing orders through the KJP Website.

68. The Imposter Site is located at www.KielJames.com, which is substantially similar

to the KJP Website’s location at www.KielJamesPatrick.com.

69. The domain name www.KielJames.com is substantially similar to

www.KielJamesPatrick.com, which is a domain name owned and held by Plaintiff.

orders on the Imposter Website.

with the Anchor Design without Plaintiffs’ consent.

and Rhode Island over the Internet.

Trademark Registrations, which are in full force and effect.

the KJP Mark.

goods among the general public.

77. Feishuang’s activities constitute willful trademark infringement and counterfeiting

under 15 U.S.C. § 1114.

advertisement, promotion, offering to sell, and sale of counterfeit products of Plaintiffs.