IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MASSACHUSETTSTOOTSIE ROLL INDUSTRIES, LLCPlaintiff,v.JAMES MAC DONALD D/B/A SNARF DOGT-SHIRT CO., JUICY GECKO MEDIA LLC,AND SNARFDOGZ CLOTHING CO.Defendants.Civil Action No. _________

COMPLAINT AND JURY DEMAND

Tootsie Roll Industries, LLC (“Tootsie”) brings this civil action against JamesMac Donald, on information and belief d/b/a at least as Snarf Dog T-Shirt Co., JuicyGecko Media LLC, SnarfDogz Clothing Co.

THE PARTIES

Plaintiff, Tootsie Roll Industries, LLC, is a limited liability company witha principal place of business at 7401 South Cicero Avenue, Chicago, Illinois 60629.2.

On information and belief, Defendant, James Mac Donald (“MacDonald”) is an individual with an address at 83 Sandcastle Drive, Ormond Beach, Florida32176, who operates more than one website, including at least the sites at snarfdog.comand juicygecko.com.

JURISDICTION AND VENUE

This action alleges trademark infringement, false designation of origin,and dilution under the Lanham Act, 15 U.S.C. § 1051,

et seq.

, and trademark infringement, false designation of origin, trademark dilution, and unfair competition

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under state law. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331, 1338, and1367.4.

Snarfdog.com and juicygecko.com, on information and belief, operated byMac Donald, advertise infringing products for purchase on interactive retail websites thatcan be reached from Massachusetts. Goods from snarfdog.com were actually shipped toMassachusetts. The snarfdog.com website also claims that its goods are provided tonational chains including Lord & Taylor, which has locations in Massachusetts.Accordingly, personal jurisdiction over Mac Donald in this District is proper.

PLAINTIFF AND ITS RIGHTS IN THE TOOTSIE MARKS

Tootsie is a well known and famous producer of quality candy items,which have been sold all over the world.6.

Tootsie’s predecessor in interest first used the TOOTSIE trademark incommerce in 1908. Since then, Tootsie has been used continuously in the United States,and has also been used in numerous other countries around the world, by Tootsie or itspredecessors and licensees.7.

After adopting the TOOTSIE mark, Tootsie and its predecessors continuedto adopt new and related marks for its goods, as well as to expand its use of the marks toitems other than candy, including, among other goods, clothing items.8.

Among other United States trademark registrations, Tootsie is the ownerof the following United States registrations, which are for the marks indicated, for thegoods indicated, and which issued on the dates indicated:

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REG. NO. MARK GOODS REG. DATE

3026576 TOOTSIE ROLL POP Cosmetics, non-medicated lip balm,lip gloss, skin soap,bath foam, nailpolish, and bodylotion;Jewelry, watches,bracelets, necklacesand rings;Stationery box sets,stickers, notebooks,diaries, pencils,erasers, non-graduated rulers,address books, self adhesive paper, gifttags, greeting cards,folders, blank journals, pens,scented markers, andscratch and sniff stickers;Picture frames, non-metal and non-leather key chains;Underwear, bras,camisoles, pants,shirts, sweatshirts, jerseys, headbands,stockings, socks,footwear, shorts,belts, pajamas.2005-12-131635634 TOOTSIE ROLL POPS lollipops 1991-02-191529906 candy, namely,lollipops1989-03-141449095 ice cream 1987-07-21

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