Plaintiff
Name: Wayne Farms LLC
Citizenship / Place of Incorporation: Delaware Limited Liability Company
Street Address: 4110 Continental Drive
City: Oakwood
State (if inside U.S.) or Country (if outside U.S.): GA
Postal Code: 30566
Attorney Name: David C. Brezina
Attorney Firm: Ladas & Parry, LLP
Attorney Telephone Number: 312 427-1300
Attorney Email Address: dbrezina@ladas.net
Defendant
Name: Molika Akwo Nweme
Citizenship / Place of Incorporation: Texas, USA
Last Known Street Address: 11700 Bissonnet St
Last Known City: Houston
Last Known State (if inside U.S.) or Country (if outside U.S.): TX
Last Known Postal Code: 77099
Attorney Name (if known): None
Attorney Firm (if known): None
Telephone Number (if known): 808 265-0671
Email Address (if known): chikzo4real@yahoo.com
Case Name
Wayne Farms LLC v Wayne Food Co Ltd
Court Docket No. (if assigned): 15-cv-03780
Court / Tribunal: US Disstrict Court, Northern District of Illinois
Judge / Adjudicator Name: Judge Pallmeyer, Magistrate Judge Brown
Clerk’s Telephone Number: (312) 435-5670
Court Website: http://www.ilnd.uscourts.gov/
Documents Filed with Court/Tribunal:
• Amended-Complaint-and-Exhibits.pdf
Text of Principal Document Filed (for Search Engine Optimization purposes)
IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
Civil Action No.:15-cv-03780
Judge Pallmeyer
Magistrate Judge Brown
Wayne Farms LLC
Plaintiff,
v.
Wayne Food Ltd,
MOLIKA AKWO NWEME and
www.waynefoodcoltd.com
Defendants
AMENDED COMPLAINT
Plaintiff, WAYNE FARMS LLC (hereafter sometimes “WAYNE FARMS”) for its complaint against Defendant, WAYNE FOOD LTD, alleges:
PARTIES
1. Plaintiff, WAYNE FARMS, is a limited liability company organized under the laws of Delaware, with its principal place of business located at 4110 Continental Drive, Oakwood, GA 30566.
2. Defendant, WAYNE FOOD LTD d/b/a WAYNE FOOD CO LTD is, on information and belief, is a foreign corporation organized and existing under the laws of the nation of Cameroon with its principal place of business located at the address Douala Akwa Douala Littoral 00237 Cameroon.
3. Defendant MOLIKA AKWO NWEME, a/k/a MOLIKA A NWEME a/k/a AKWO MOLIKA a/k/a AKWO M (“NWEME”) is, on information and belief, an individual having a place of business at 11700 Bissonnet St, Houston, TX 77099 and is a sole proprietor d/b/a Wayne Food Co or an owner, manager and alter ego of WAYNE FOOD LTD, or both. Based on this relationship WAYNE FOOD LTD, WAYNE FOOD CO LTD, WAYNE FOOD CO and NWEME will be collectively referred to as WAYNE FOOD herein.
4. Defendant www.waynefoodcoltd.com (“DOMAIN NAME”) is a Defendant in rem. DOMAIN NAME is a domain name registered with GoDaddy.com, LLC, a Delaware limited liability company with its principal place of business at 14455 N. Hayden Rd., Ste. 226, Scottsdale, AZ 85260. GoDaddy.com LLC is the registrar of the domain name www.waynefoodcoltd.com and on information and belief a subsidiary of Go Daddy Operating Company, LLC (“Go Daddy Operating”) is a Delaware limited liability company with its principal place of business at 14455 N. Hayden Rd., Ste. 226, Scottsdale, AZ 85260. Go Daddy Operating and GoDaddy.com are hereafter sometimes referred to collectively as “GoDaddy”.
5. WAYNE FOOD, through the domain www.waynefoodcoltd.com, Business to Business (“B2B”) listings, and otherwise is using the mark WAYNE FOOD on and in connection with the sale, advertising and promotion of food products, and to solicit payments for orders for food products.
JURISDICTION AND VENUE
6. This action is for Federal trademark infringement, dilution, unfair competition and cybersquatting involving claims arising under the Trademark Act of the United States commonly known as the Lanham Act 15 U.S.C. §§ 1051 et seq., for Federal Copyright infringement under the Copyright laws of the United States, 17 U.S.C. § 101 et seq and for state trademark infringement, injury to business reputation and dilution, deceptive trade practices, deceptive business practices and unfair competition under the laws of the State of Illinois, involving claims arising under the Trademark Registration and Protection Act, 765 ILCS § 1036 et seq., the Consumer Fraud Act 815 ILCS 505/2 et seq., Deceptive Trade Practices Act 815 ILCS 510/2 et. seq., and the common law.
7. This Court has subject matter jurisdiction over the federal claims pursuant to 28 U.S.C. §§ 1331, 1338(a) and 15 U.S.C. § 1121, and has subject matter jurisdiction over the state law claims under 28 U.S.C. §§ 1338(b) and 1332, and since these claims are joined with substantial and related claims under the Trademark Laws of the United States.
8. Venue properly lies within the Northern District of Illinois pursuant to 28 U.S.C. § 1391as these causes of action arise as a result of the misrepresentations on WAYNE FOOD’S website and B2B listings being viewable in and having a substantial impact on this District and, based upon information and belief, WAYNE FOOD’S use of the website, domain name and B2B listings to solicit and misappropriate funds world wide including from businesses in this District.
9. This Court has personal jurisdiction over the Domain Name because the Domain Name is registered through domain name registrar GoDaddy which is can be found in this judicial district pursuant to 15 U.S.C. § 1125( d). Plaintiff has exercised due diligence and has not receive any response to several attempts to contact domain name Registrant WAYNE FOOD. WAYNE FARMS accordingly pleads, in the alternative, that the Registrant will not be found in this jurisdiction or will not be subject to the jurisdiction of this Court.
10. WAYNE FARMS has, for many years, been engaged in processing, packing and otherwise selling variety of food products in this District, in the United States and internationally.
11. WAYNE FARMS has promoted its marks WAYNE FARMS and BARN, SILO and TREE DESIGN in traditional advertising and promotional channels and electronic media expending advertising and promotional efforts and incurring advertising and promotional expenses in support of said marks and has exclusively used the marks in commerce.
12. Over the years WAYNE FARMS, to protect its valuable trademark rights in its marks WAYNE FARMS and BARN, SILO and TREE DESIGN has obtained Federal Trademark Registrations duly issued from the United States Patent and Trademark Office, status copies showing title comprising the following Exhibits:
Trademark
Reg #
Drawing
Goods
Exhibit 1 WAYNE FARMS and BARN, SILO and TREE DESIGN 4371372
Poultry
Exhibit 2 WAYNE FARMS and BARN, SILO and TREE DESIGN with CHINESE “big, powerful, healthy, earth” 4683867
Poultry
Exhibit 3 WAYNE FARMS & Device 2257934
Fresh dressed and frozen turkeys, fresh dressed and frozen chickens
Exhibit 4 WAYNE FARMS 980466 WAYNE FARMS Fresh dressed and frozen chickens
13. WAYNE FARMS uses and promotes its company using the following artwork and mark, including promotion on its company website, a screen shot of the home page being shown in Exhibit 5, the website being located at www.waynefarms.com:
14. The WAYNE FARMS website includes current information regarding the company and the products and services it offers to customers, including the history of the company dating back to its founding in 1895.
15. By reason of WAYNE FARMS’ long use, promotion and dissemination of its goods, its marks WAYNE FARMS and BARN, SILO and TREE DESIGN has caused such marks to have acquired recognition, and the relevant trade and public has come to recognize such marks as signifying Plaintiff. Through this long use and promotion and due to the favorable recognition of WAYNE FARMS the mark has become famous as a designation of origin for poultry.
16. Notwithstanding Plaintiff’s prior established rights in its marks WAYNE FARMS and BARN, SILO and TREE DESIGN, WAYNE FOOD has published a website, at the domain http://www.waynefoodcoltd.com, a screen shot of which is in Exhibit 6, which website is viewable in this district, which includes the following artwork and mark, which is a copy of WAYNE FARMS’ artwork and mark:
17. WAYNE FOOD’S website offers for sale a wide variety of food products including poultry products. Additionally, WAYNE FOOD’s website includes a purported company history which, other than substituting “Food” or “Food Co Ltd” for “Farms” in the WAYNE FARMS mission statement and company history, is strikingly similar to that of WAYNE FARMS, with portions being literally identical, yet, as applied to WAYNE FOOD being blatantly false.
18. WAYNE FOOD’S domain name www.waynefoodcoltd.com is registered to the following entity through the domain name registrar Godaddy.com, as shown by the Whois records of Godaddy, Exhibit 7:
Registrant Name: Wayne Food Ltd
Registrant Organization:
Registrant Street: Douala
Registrant Street: Akwa
Registrant City: Douala
Registrant State/Province: Littoral
Registrant Postal Code: 00237
Registrant Country: Cameroon
Registrant Phone: +237.677196252
Registrant Phone Ext:
Registrant Fax:
Registrant Fax Ext:
Registrant Email: waynefood2015@gmail.com
19. Godaddy.com transacts and solicits substantial business in this District.
20. WAYNE FOOD has also established a presence on B2B sites including, but not limited to EC21.com (http://waynefoodcoltd.en.ec21.com) and TradeKey (http://www.tradekey.com/company/Wayne-Food-Co-Ltd-9678699.html) which also use the misleading identification as WAYNE FOOD and seek to solicit orders for products competitive to those of WAYNE FARMS, NWEME paid for a TradeKey service on or about April 14, 2015 through a charge to his bank account.
21. WAYNE FARMS has used the marks WAYNE FARMS and BARN, SILO and TREE DESIGN and has owned the registrations in Exhibits 1, 2, 3 and 4 long prior to WAYNE FOOD’s first use of the mark WAYNE FOOD. WAYNE FOOD’s use of WAYNE FOOD and a BARN, SILO and TREE DESIGN under the circumstances involved will cause a likelihood of confusion, mistake or deception of a not insignificant number of prospective purchasers into believing that there is some affiliation, association or common source of sponsorship with Plaintiff’s marks WAYNE FARMS and BARN, SILO and TREE DESIGN for providing psychological assessments for individual and business purposes, or with Plaintiff’s products, services or business.
22. WAYNE FARMS’ website was created by WAYNE FARMS employees and in its present version was fixed in a tangible medium of expression on or about April 1, 2015. An application to register that subsisting copyright is pending in the US Copyright Office as Case #: 1-2346047561 Title: Wayne Farms 2015 Website.
23. WAYNE FOOD’s website content is strikingly similar to the copyrighted content on WAYNE FARMS’ website. These similarities include, inter alia, near copying of the company history, as shown by a comparison of WAYNE FARMS’ pages entitled About Us, Mission and Vision and A Historical Timeline of Wayne Farms LLC, (Exhibit 8) to WAYNE FOOD’s About page (Exhibit 9).
24. WAYNE FOOD’s use of WAYNE FOOD, the BARN, SILO and TREE DESIGN, the domain name www.waynefoodcoltd.com, the website content will cause, and is likely to cause, confusion and mistake with Plaintiff’s products and services, disseminated or sold in connection with Plaintiff’s marks WAYNE FARMS and BARN, SILO and TREE DESIGN, or Plaintiff’s business so as to deceive consumers, the trade and others, and thereby constitutes an infringement of Plaintiff’s rights through unfair competition.
25. Upon information and belief, the mark WAYNE FOOD, the BARN, SILO and TREE DESIGN, the domain name www.waynefoodcoltd.com, the website content and B2B listings are being used by WAYNE FOOD to divert sales of WAYNE FARMS product and/or as part of a scheme to defraud customers and potential customers of WAYNE FARMS through the submission of fraudulent invoices soliciting payment to a specifically identified account at Bank of America, Exhibit 10.
26. Products processed, packed, sold or intended for sale under WAYNE FOOD’S WAYNE FOOD mark, the BARN, SILO and TREE DESIGN, and sold using the domain name www.waynefoodcoltd.com, the website content and the B2B listings could move through similar channels of trade, or be promoted to the same or similar classes of prospective purchasers or end-users, or to the same or similar prospective purchasers as WAYNE FARMS’ products.
27. Persons familiar with WAYNE FARMS’ marks and business are likely to be confused, mistaken and/or to be deceived upon seeing WAYNE FOOD’s use of WAYNE FOOD, the BARN, SILO and TREE DESIGN, the domain name www.waynefoodcoltd.com and the false company history, are therefore likely to believe that WAYNE FOOD’s business is endorsed by, sponsored by, or emanates from, or in some way is connected with WAYNE FARMS or with the marks WAYNE FARMS and the BARN, SILO and TREE DESIGN , the domain name, the website content or variations thereof.
28. WAYNE FARMS will be unable to police the nature and quality of goods sold by WAYNE FOOD under the problematic marks at issue or of variations thereof. The sale or prospective sale by WAYNE FOOD of products or services, and the receipt of funds solicited under the mark WAYNE FOOD, the BARN, SILO and TREE DESIGN, the domain name www.waynefoodcoltd.com, the website content or variations thereof, will also blur and diminish the distinctive quality of WAYNE FARMS’ marks WAYNE FARMS and the BARN, SILO and TREE DESIGN, the domain name and the website content and lessen its capacity to identify and distinguish the products and services of WAYNE FARMS.
29. Use by WAYNE FOOD of the marks, domain name and content at issue, or variations thereof, is without WAYNE FARMS’ consent or permission.
30. Upon information and belief, WAYNE FOOD, with knowledge of Plaintiff’s marks WAYNE FARMS and BARN, SILO and TREE DESIGN, the domain name www.waynefoodcoltd.com and the website content and in willful disregard of WAYNE FARMS’ rights, is engaging in a deliberate course of conduct designed to appropriate the goodwill associated with WAYNE FARMS’ marks, domain name and content.
31. WAYNE FOOD has, on information and belief, intentionally and willfully attempted to trade upon the goodwill of WAYNE FARMS.
32. WAYNE FOOD’s use of a mark, name or content which is confusingly similar to WAYNE FARMS’ marks WAYNE FARMS and the BARN, SILO and TREE DESIGN, the domain name www.waynefoodcoltd.com and the website content will irreparably harm Plaintiff by diminishing the reputation and goodwill of WAYNE FARMS’ marks WAYNE FARMS and BARN, SILO and TREE DESIGN. The public association of the marks WAYNE FARMS and BARN, SILO and TREE DESIGN with WAYNE FARMS’ products is sufficiently great that the use by another of the mark at issue under the circumstances at issue for WAYNE FOOD’S products or proposed products will inevitably cause the trade or consumers to believe that it is produced, authorized, licensed, or sponsored by WAYNE FARMS or that it is somehow connected with WAYNE FARMS.
33. Pursuant to 15 USC section 1125(d)(2)(D)(i), WAYNE FARMS provided notice to the Registrant WAYNE FOODS of its Motion for a Temporary Restraining Order via Federal Express to the address on Registrant’s website and by electronic transmission to the electronic mail address on WAYNE FOOD’s website to the electronic mail address on Exhibit 10. WAYNE FARMS also filed a Complaint with Registrar GoDaddy, which at least suspended the website on www.waynefoodcoltd.com and on information and belief, pursuant to GoDaddy’s contractual obligations GoDaddy contacted WAYNE FOODS.
34. Registrar GoDaddy is required to “not … transfer, suspend, or otherwise modify the domain name(s) during the pendency” of this action.
COUNT I
(Federal Trademark Infringement)
35. WAYNE FARMS realleges and incorporates herein by this reference the allegations contained in paragraphs 1 through 34 hereof as if set forth in full.
36. WAYNE FOOD’s unauthorized use in commerce of the mark WAYNE FOOD, the BARN, SILO and TREE DESIGN, the domain name www.waynefoodcoltd.com , the website content or variations thereof and the B2B listings with respect to WAYNE FOOD’s products and solicitation of orders is likely to result in confusion, deception, or mistake and therefore constitutes an infringement of WAYNE FARMS’ registered trademarks under 15 U.S.C. §1114.
37. WAYNE FOOD has used and is continuing to use the mark WAYNE FOOD, the BARN, SILO and TREE DESIGN , the domain name www.waynefoodcoltd.com, the website content or variations thereof and the B2B listings with full knowledge of WAYNE FARMS’ prior rights and with the intent and purpose to trade upon the goodwill of WAYNE FARMS’ marks, therefore WAYNE FOOD’S infringement is thus willful and deliberate.
COUNT II
(Unfair Competition Under Federal Law)
38. WAYNE FARMS realleges and incorporates herein by this reference the allegations contained in paragraphs 1- 34, 36 and 37 of this Complaint as if set forth in full.
39. WAYNE FOOD’s unauthorized use in commerce of the mark WAYNE FOOD, the BARN, SILO and TREE DESIGN , the domain name www.waynefoodcoltd.com, the website content or variations thereof and the B2B listings constitutes a false designation of origin and a false or misleading representation of fact that is likely to confuse or deceive consumers, or cause consumers to believe mistakenly that WAYNE FOOD and/or its goods are made or produced and/or its services offered by Plaintiff or are otherwise affiliated, connected, or associated with, or sponsored or approved by Plaintiff and therefore constitutes unfair competition pursuant to Section 43(a) of the Lanham Act, 15 U.S.C. §§ 1125(a).
40. WAYNE FOOD’s use in commerce of the mark WAYNE FOOD, the BARN, SILO and TREE DESIGN, the domain name www.waynefoodcoltd.com, the website content or variations thereof and the B2B listings in connection with WAYNE FOOD’s marketing, distribution, promotion and sale to the consuming public of its goods and its solicitation of funds under those marks, the domain name www.waynefoodcoltd.com, the website content or variations thereof and the B2B listings constitutes a misappropriation of the distinguishing and identifying features which WAYNE FARMS created through substantial effort and expense, thus evoking from the trade, consumers and others an immediate commercial impression or association favorable to WAYNE FOOD, based on and derived from WAYNE FARMS’ marks WAYNE FARMS and BARN, SILO and TREE DESIGN, domain name and website content and the goodwill associated therein.
41. WAYNE FOOD’s use of the mark WAYNE FOOD BARN, SILO and TREE DESIGN, domain name www.waynefoodcoltd.com and website content or variations thereof and the B2B listings constitutes false representations that WAYNE FOOD has some connection or association with, or sponsorship by WAYNE FARMS, and that the products and deliveries of products identified with WAYNE FARMS are available from and will be performed by WAYNE FOOD.
42. Said actions of WAYNE FOOD constitute violations of 15 U.S.C. §1125(a) in that such false designation and representations of origin and quality are used on or in connection with the products that WAYNE FOOD causes to enter into, or to affect commerce, which may lawfully be regulated by Congress.
43. WAYNE FOOD has used and is continuing to use the mark WAYNE FOOD or variations thereof with full knowledge of WAYNE FARMS’ rights, and based upon information and belief, said actions by WAYNE FOOD are with an intent and purpose to trade upon the goodwill of WAYNE FARMS’ marks WAYNE FARMS and BARN, SILO and TREE DESIGN, domain name and website content. WAYNE FOOD’S infringement is thus willful and deliberate.
COUNT III
(Dilution Under Federal Law)
44. WAYNE FARMS realleges and incorporates herein by this reference the allegations contained in paragraphs 1- 34, 36 and 37. 39 – 43 hereof as if set forth in full.
45. The use by WAYNE FOOD of the mark WAYNE FOOD and BARN, SILO and TREE DESIGN, all of which occurred after WAYNE FARMS’s marks became famous, will dilute the distinctive quality of WAYNE FARMS’ exceptionally well-known and famous trademarks WAYNE FARMS and BARN, SILO and TREE DESIGN, and therefore constitutes federal trademark dilution pursuant to Section 43(c) of the Lanham Act, 15 U.S.C. §§ 1125(c), as amended by the Federal Trademark Dilution Act of 1995.
46. WAYNE FOOD has used and continues to use the mark WAYNE FOOD with full knowledge of WAYNE FARMS’ long prior rights and fame of the marks WAYNE FARMS and BARN, SILO and TREE DESIGN and said use by WAYNE FOOD, based upon information and belief, are with a deliberate intent and purpose to trade upon the goodwill of WAYNE FARMS’ marks WAYNE FARMS and BARN, SILO and TREE DESIGN or variations thereof or to dilute the distinctive quality thereof, blur and diminish the distinctive quality of WAYNE FARMS’ marks WAYNE FARMS and BARN, SILO and TREE DESIGN and lessen their capacity to identify and distinguish the products of WAYNE FARMS.
COUNT IV
Violation of Anticybersquatting Consumer Protection Act
47. WAYNE FARMS realleges and incorporates herein by this reference the allegations contained in paragraphs 1- 34, 36 and 37, 39 – 43, 45 – 46 hereof as if set forth in full.
48. On information and belief, WAYNE FOOD’s Internet domain name www.waynefoodcoltd.com was registered and/or used with the bad faith intent to profit from WAYNE FARMS ’ famous and inherently distinctive Trademarks by misleading and deceiving the public into believing that the website operated at the WAYNE FOOD’s Internet domain name is associated or affiliated with, or sponsored or endorsed by, WAYNE FARMS .
49. At the time of registration WAYNE FOOD’s domain name www.waynefoodcoltd.com was confusingly similar to WAYNE FARMS’ distinctive trademarks in violation of 15 U.S.C. § 1125(d).
50. At the time of registration, WAYNE FOOD’s Internet domain name www.waynefoodcoltd.com was both confusingly similar to and dilutive of WAYNE FARMS’ famous trademarks in violation of 15 U.S.C. § 1125(d).
51. By reason of the foregoing, WAYNE FOOD’s domain name www.waynefoodcoltd.com and any domain names confusingly similar thereto should be cancelled or transferred to WAYNE FARMS pursuant to 15 U.S.C. § 1125(d).
COUNT V
(Copyright Infringement)
52. WAYNE FARMS realleges and incorporates herein by this reference the allegations contained in paragraphs 1- 34, 36 and 37, 39 – 43, 45 – 46, 48 – 51 hereof as if set forth in full.
53. WAYNE FARMS created and published a website, the latest version of which was fixed in a tangible medium of expression in the year 2015 and published on or about April 1, 2015.
54. WAYNE FARMS has submitted to the United States copyright office a claim to registration of said website.
55. At all relevant times, WAYNE FARMS was and continues to be the sole proprietor of rights, title and interest in and to the copyright rights in the work comprising its website.
56. At no time has WAYNE FARMS authorized WAYNE FOOD to reproduce, adapt, distribute, sell, perform, or display the copyrighted work.
57. WAYNE FOOD has and on information and belief is presently reproducing and distributing unauthorized works copied or derived from WAYNE FARMS’s copyrighted work, and has in fact reproduced, prepared derivative works from and distributed, published, posted such unauthorized copies viewable in Illinois, and in this judicial district, for financial gain.
58. WAYNE FOOD has infringed, and threatens to continue infringing, WAYNE FARMS’ copyright by reproducing, adapting, distributing, selling, performing, and/or displaying the said unauthorized work on the Internet and on information and believe other media. Upon information and belief, WAYNE FOOD is, or has, blatantly published and distributed unauthorized copies of WAYNE FARMS’ copyrighted works to the general public.
59. By reason of WAYNE FOOD’s infringement and threatened infringement of WAYNE FARMS’ copyrights, WAYNE FARMS has sustained and will continue to sustain substantial and irreparable injury, loss, and damage to its rights in the copyrighted work.
60. WAYNE FARMS has sustained injury to its business result of WAYNE FOOD’S acts of copyright infringement.
61. WAYNE FOOD’S slavish copying of WAYNE FARMS website contents including reference to company background, mission, history, locations and other unique and novel information is willful infringement and WAYNE FOOD is subject to willful infringement damages under 17 U.S.C. 504 (c) (2).
62. WAYNE FARMS is entitled to recover from WAYNE FOOD the gains, profits, enrichment and advantages WAYNE FOOD has obtained as a result of its acts of copyright infringement, including but not limited to, revenues derived from product sales and the value of any mailing lists derived from use of said infringing works. WAYNE FARMS presently is unable to ascertain the full extent of the gains, profits, enrichment and advantages WAYNE FOOD has obtained by reason of its acts of copyright infringement, and prays for and demands an accounting thereof. WAYNE FARMS has the right to elect Statutory Damages for this infringement.
PRAYER FOR RELIEF
WHEREFORE, PLAINTIFF WAYNE FARMS prays for judgment as follows:
1. That DOMAIN NAME www.waynefoodcoltd.com be transferred to WAYNE FARMS:
a. GoDaddy shall provide all necessary codes, userids, passwords, steps and instructins necessary to effectuate transfer of ownership, registration, administration and technical maintenance of DOMAIN NAME to WAYNE FARMS;
b. GoDaddy shall effectuate transfer of DOMAIN NAME to WAYNE FARMS control.
2. WAYNE FOOD LTD, a/k/a WAYNE FOOD CO LTD, a/k/a WAYNE FOOD CO its officers, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under or in active concert with them. Including MOLIKA AKWO NWEME a/k/a AKWO MOLIKA a/k/a MOLIKA A NWEME a/k/a AKWO M (hereafter collectively “WAYNE FOOD” be enjoined and restrained from:
a. using the WAYNE Trademarks or any reproduction, counterfeit copy or colorable imitation thereof in any manner in connection with the distribution, advertising, offering for sale, or sale of any product that is not a genuine WAYNE product or not authorized by Wayne Farms to be sold or offered for sale in connection with the WAYNE Trademarks;
b. passing off, inducing, or enabling others to sell or pass off any product as a genuine WAYNE Product or any other product produced by Wayne Farms, that is not Wayne Farms’ or not produced under the authorization, control or supervision of Wayne Farms and approved by Wayne Farms for sale under the WAYNE Trademarks;
c. committing any acts calculated to cause customers or potential customers to believe that WAYNE FOOD’s products are those sold or offered for under the authorization, control or supervision of Wayne Farms, or are sponsored by, approved by, or otherwise connected with Wayne Farms;
d. infringing the WAYNE Trademarks and damaging Wayne Farms’ goodwill;
e. otherwise competing unfairly with Wayne Farms
f. deceiving customers or prospective customers in any manner;
g. copying, displaying, publishing, distributing any work that is substantially similar to the content of the Wayne Farms website or derived therefrom;
h. 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 Wayne Farms, nor authorized by Wayne Farms to be sold or offered for sale, and which bear any of the WAYNE Trademarks or any reproductions, counterfeit copies or colorable imitations thereof;
i. using, linking to, transferring, selling, exercising control over, operating or changing ownership or registration of the WAYNE FOOD website, the domain name www.waynefoodcoltd.com (hereafter “DOMAIN NAME”) or any other domain name or online marketplace, business to business listing or social networking account that is being used to sell or is the means by which WAYNE FOOD could continue to sell or offer for sale deceptively indicated WAYNE Products; and
j. operating and/or hosting websites at the DOMAIN NAME and any other domain names registered or operated by WAYNE FOOD using the term “WAYNE” that are involved with the distribution, advertising, offering for sale, or sale of any product, or soliciting contracts, shipments, offers, acceptance of offers or payment of funds using any communication bearing the WAYNE Trademarks or any reproduction, counterfeit copy or colorable imitation thereof that is not a genuine WAYNE Product or communication or not authorized by Wayne Farms to be sold or offered for sale in connection with or communicated using the WAYNE Trademarks.
3. Those in privity with WAYNE FOOD and with actual notice of this Order, including, but not limited to the website host GoDaddy.com, LLC, shall transfer all electronic documentation comprising or consisting of the contents of Defendant’s website to WAYNE FARMS.
4. The banks, savings and loan associations, payment processors, clearing houses, or other financial institutions with whom Defendant has accounts, including Bank of America, who maintains Account Number 586035478121 and any other accounts in the name of MOLIKA AKWO NWEME, MOLIKA A NWEME or WAYNE FOOD LTD, WAYNE FOOD CO LTD, WAYNE FOOD CO (collectively WAYNE FOOD”) shall:
a. Locate all accounts and funds connected to WAYNE FOOD, WAYNE FOOD’s Online Marketplace Accounts or WAYNE FOOD’s websites, including, but not limited to, Account Number 586035478121; and
b. Restrain and prevent such accounts from receiving, transferring or disposing of any money or other of WAYNE FOOD’s assets except as ordered by this Court.
c. Funds in the above accounts shall be forfeit and transferred to WAYNE FARMS in satisfaction of the judgment of this Court
5. WAYNE FOOD, its officers, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under or in active concert with them, the domain name registry(ies) or website host shall preserve copies of all materials, data and documents that relate, refer to or reflect the use, registration and content enjoined in the preceding paragraphs, third party processors, banks, financial clearing houses and other payment processing service providers, shippers, domain name registrars and domain name registries (collectively, the “Third Party Providers”) shall, preserve copies of all documents and records in such person’s or entity’s possession or control relating to Defendant.
6. WAYNE FOOD and any other parties subject to this Order may appear and move to modify the Order. The bond posted by WAYNE FARMS shall be returned to WAYNE FARMS or its counsel
7. That PLAINTIFF WAYNE FARMS be awarded the profits secured by WAYNE FOOD as a result of its unlawful activities, and that said award be trebled as provided by law or in the alternative that PLAINTIFF WAYNE FARMS be awarded statutory damages in an amount determined by the Court for willful use of an infringing or counterfeit mark.
8. That PLAINTIFF WAYNE FARMS be awarded punitive and exemplary damages in such amount as the Court shall find sufficient to deter WAYNE FOOD’S willful unlawful conduct.
9. That PLAINTIFF WAYNE FARMS be awarded its costs incurred in this action, including its reasonable attorneys’ fees.
10. That WAYNE FOOD be required to file with this Court and serve upon Plaintiff within ten (10) days after entry of the order of judgment a report, in writing and under oath, setting forth the manner and form of WAYNE FOOD’s compliance with the Court’s order.
11. That PLAINTIFF WAYNE FARMS have such other and further relief as is warranted by the facts established at trial or which this Court may deem as just and equitable.
Date Filed in Court / Tribunal
04/30/2015
Date Notice Posted
07/14/2015