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ORIGINAL
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NATURE OF THE ACTION AND RELIEF SOUGHT
1
. This is a civil action for trademark infringement in violation of the
1125 (a); for violation of the Georgia Dilution Statute, Ga
. Code Ann
. §1
0-1-451
;
OCR'
2 4 2008
JAMS
E
N
, Clerk
IN THE UNITED STATES DISTRICT COUR
-Fy
;
Clerk
NORTHERN DISTRICT OF GEORGIA
Deputy
ATLANTA DIVISION
F
UENTE
M
RK
E
TI
N
G LTD
.
vs
.
GARO HABANO, INC
.,
GARO HABANO FINE CIGARS,and GARO
BOULDOUKIANCOMPLAINT
Plaintiff, Fuente Marketing Ltd. ("Fuente"), by its undersigned attorneys, for
their complaint against Defendants Garo Habano, Inc., Garo Habano Fine Cigars
and Garo Bouldoukian (jointly referred to as "Defendants"), allege as follows
:
trademark laws of the United States, 15 U
.S
.C
. §§ 1114-1117
; for trademarkdilution in violation of Section 43(c) of the Lanham Act, 15 U
.S
.C. § 1125 (c)
;
unfair competition, in violation of Section 43(a) of the Lanham Act, 15 U
.S
.C
. §
I
2
for violation of the Georgia Uniform Deceptive Trade Practices Act, Ga. Code
Ann
. § 10-1-372
et. seq
.
;
and for unfair competition, deceptive trade practices, andtrademark infringement under the common law of the State of Georgia
.
2
. Fuente seeks injunctive relief and damages from Defendants'
improper and unlawful acts and attorneys' fees and expenses as a result of those
willful and intentional acts
.
T
H
EP
AR
T
I
ES
3
. Fuente Marketing Ltd
. is a corporation organized and existing under
the
l
aws of
the
Br
it
is
h
Vi
rgin I
s
l
and
s, with it
s on
l
y place of
b
usi
n
ess
l
oca
t
e
d
i
n
Road Town, Tortola, British Virgin Islands
.
4
. Defendant Garo Habano, Inc
. is a California corporation having aplace of business at 3200 La Crescents Avenue, Suite A, Glendale, CA 91208, and
is conducting business in this district
.
5
. The registered agent and so
l
e officer and/or director of Defendant
Garo Habano, Inc
. is Mr. Garo Bouldoukian, who lists his address as that of the
company at 3200 La Crescents Avenue, Suite A, Glendale, CA 91208
.
6
.
Defendant Garo Habano Fine Cigars is a cigar company that offers for
sale and sells cigars via the
I
nternet and by te
l
ephone and email order, and as such
is conducting business in this district
.
3
7
. Upon information and belief, Defendant Garo Bouldoukian does
business as Garo Habano Fine Cigars
.
8
.
Upon information and belief, Defendant Garo Bouldoukian is theowner, sole officer and/or director of Defendants Garo Habano, Inc. and Garo
Habano Fine Cigars
. As such, Defendant Garo Bouldoukian principally controls
and directs the actions of both companies and is personally liable for their tortuous
conduct
.
9
. Upon information and belief, Defendants Garo Habano, Inc
., GaroHabano Fine Cigars and Garo Bouldoukian operate together to carry out the actsdescribed herein
.
10. Defendants conduct business in this district at least by offering for
sale and selling cigars in this district
.
J
U
RI
S
DI
CT
I
ON
11
.
This Court has original jurisdiction over the subject matter of thisaction pursuant to 15 U
.S
.C
. § 1121 and 28 U
.S
.C
. §§ 1331 and 1338, and has
supplemental jurisdiction pursuant to 28 U
.S
.C
. § 1367(a)
.
12
. This Court has personal jurisdiction over Defendants at least becauseDefendants transact business, solicit sales, and/or sell infringing goods in this
district
.
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