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IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.:

URBAN WOLF MANAGEMENT LLC,

a Florida limited liability company,

Plaintiff,

vs.

ESTEBAN CARRERAS CIGAR CO.,

a California corporation,

Defendant.

______________________________________/

COMPLAINT

Plaintiff, URBAN WOLF MANAGEMENT LLC (“Urban Wolf”), files this lawsuit

against ESTEBAN CARRERAS CIGAR CO. (“Esteban Carreras”), and alleges as follows:

THE PARTIES

1. Plaintiff, Urban Wolf, is a Florida limited liability company with its principal place

of business located at 5155 Corporate Way, Suite G, Jupiter, FL 33458, in Palm Beach County

and the Southern District of Florida.

2. Defendant, Esteban Carreras, is a California corporation, with its principal place of

business located at 915 Calle Amanecer, San Clemente, CA 92673.

JURISDICTION AND VENUE

3. This is a civil action for injunctive relief and damages for violations of the Lanham

Act, 15 U.S.C. §1051, et seq.

4. This Court has subject matter jurisdiction pursuant to 15 U.S.C. §1121(a), 28

U.S.C. §1331 and 28 U.S.C. §1338.

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5. This Court has personal jurisdiction over Esteban Carreras because it is engaged in

substantial and not isolated activity within the State of Florida (including the Southern District of

Florida), by inter alia, advertising and selling its merchandise to Florida residents via the internet

and in retail stores. Therefore, sufficient minimum contacts exist between Esteban Carreras and

the State of Florida so as not to offend traditional notions of fair play and substantial justice under

the due process clause of the Fourteenth Amendment.

6. Venue is proper in this District under 28 U.S.C. §1391(b) and (c) in that a

substantial part of the events or omissions giving rise to the claims occurred in this District.

BACKGROUND FACTS

7. Urban Wolf is the owner of the trademark “THE DEVIL’S HANDS” bearing

Federal Registration Number 6,810,341 Class 34 (the “Registration”). A true and correct copy of

the Registration is attached hereto as Exhibit 1.

8. Through its licensee, Urban Wolf, has used the mark “THE DEVIL’S HANDS” in

connection with the marketing and sale of premium cigars since May 1, 2021.

9. Defendant Esteban Carreras manufactures and sells premium cigars throughout the

United States, including in the State of Florida.

10. Among others, Esteban Carreras, manufactures and sells premium cigars using the

name “DEVILS HAND” throughout the United States.

11. Esteban Carreras is currently selling “DEVILS HAND” branded cigars and cigar-

related products throughout the United States, including in the State of Florida, via the internet and

through third party sellers in retail and boutique cigar stores.

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12. In fact, Esteban Carreras is currently and prominently displaying the cigar brand

name “DEVILS HAND” on the home screen of its website – www.estebancarreras.com. A true

and correct copy of the home screen of the Esteban Carreras website is attached as Exhibit 2.

13. As of the filing of this Complaint, Esteban Carreras continues to sell and advertise

the “DEVILS HANDS” and has failed to take any remedial actions. See Exhibit 2.

14. All conditions precedent to bringing this action have been performed, excused, or

waived.

15. Urban Wolf has retained undersigned counsel from the law firm of Weiss Serota

Helfman Cole & Bierman, P.L. (the “Firm”) to represent his interests in this matter and is required

to pay the Firm reasonable attorney’s fee for services rendered in this action.

COUNT ONE
Trademark Infringement Under the Lanham Act, 15 U.S.C. §1114

16. Plaintiff Urban Wolf repeats, realleges, and incorporates Paragraphs 1 through 15

above as if fully restated in Count I.

17. Esteban Carreras directly or through its licensees, has sold and continues to sell

cigars using the name “DEVILS HAND” which infringes upon Urban Wolf’s trademark rights in

the State of Florida.

18. These infringements, inter alia, arise from sales by Esteban Carreras via the internet

and either directly or through its representatives, agents, licensees in retail and boutique cigar

stores.

19. Upon information and belief, these “DEVILS HAND” branded cigars and cigar-

related products are supplied by Esteban Carreras to ultimate consumers and/or retail stores and

boutiques in the Southern District of Florida (the “District”).

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20. Through their own website, as well as through third party websites and in retail

stores, Esteban Carreras has advertised for sale, sold to, and shipped in interstate commerce to

Florida customers, including Florida customers located in the District, “DEVILS HAND” branded

cigars and cigar-related products.

21. Esteban Carreras did not and still has not obtained authority, permission, or any

form of license from Urban Wolf to market or sell through interstate commerce or otherwise,

“DEVILS HAND” branded cigars and cigar-related products.

22. Urban Wolf, its predecessor in interest or its licensees, developed, adopted, began

using, and registered the “THE DEVIL’S HANDS” trademark for its cigars in interstate commerce

before Esteban Carreras adopted and began using and selling “DEVILS HANDS” branded cigars

and cigar-related products.

23. Esteban Carreras use of the “DEVILS HAND” is without Urban Wolf’s

authorization and infringes on Urban Wolf’s registered trademark “THE DEVIL’S HANDS.”

24. The use by Esteban Carreras of the “DEVILS HAND” is virtually identical to

Urban Wolf’s trademark and is likely to cause purchasers to be confused as to the source of the

“DEVILS HANDS” branded cigars and cigar-related products being sold by Esteban Carreras.

25. By virtue of the actions of Esteban Carreras, there is a likelihood of confusion

between Urban Wolf’s products and Esteban Carreras’ products.

26. Esteban Carreras’ conduct constitutes an infringement on Urban Wolf’s registered

trademark under 15 U.S.C. §1114 of the Lanham Act.

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27. Upon information and belief, Esteban Carreras has acted knowingly and

intentionally in misappropriating Urban Wolf’s trademark in an effort to trade off the goodwill

established by the “THE DEVIL’S HANDS” trademark owned by Urban Wolf.

28. Esteban Carreras will continue its infringement activities unless enjoined by this

Court.

29. Urban Wolf has no adequate remedy at law and Urban Wolf will suffer irreparable

injury to its business, reputation, and goodwill unless Esteban Carreras’s unlawful conduct is

enjoined by this Court.

30. The imposition of an injunction by this Court will serve the public interest.

31. Esteban Carreras’s conduct has caused Urban Wolf to suffer actual damages in an

amount to be determined at trial.

WHEREFORE, Plaintiff, Urban Wolf Management LLC, respectfully requests that this

Court enter a judgment against Defendant, Esteban Carreras Cigar Co., as follows:

a. Imposition of a temporary and/or permanent injunction against Defendant

Esteban Carreras prohibiting Esteban Carreras from manufacturing, importing, exporting,

marketing, advertising, distributing and/or selling cigars or cigar-related products using the

name “DEVILS HAND” or any variation thereof;

b. A written report, in accordance with 15 U.S.C. §1116, filed with the Court

and served on counsel for Urban Wolf within ten (10) days from the entry of any injunction,

setting forth in detail the manner and form in which Esteban Carreras has complied with

the terms of the injunction;

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c. The delivery by Esteban Carreras, its agents, employees, and all holding

with, through or under it, or anyone acting on its behalf, to be impounded during the

pendency of this action, of all articles alleged to infringe on Urban Wolf’s registered

trademark;

d. The delivery by Esteban Carreras, its agents, employees, and all holding

with, through or under it, or anyone acting on its behalf, for destruction following a final

decision in this action, of all infringing materials;

e. Damages as the Court shall deem just and proper under 15 U.S.C. §1117

and any other provisions of the Lanham Act, including, all of Esteban Carreras’ profits

from the sale of “DEVILS HAND” branded cigars and cigar-related products and all

damages incurred by Urban Wolf as a result of Esteban Carreras’ infringement;

f. Reasonable attorney’s fees and costs incurred in this action; and

g. Such other and further relief in favor of Urban Wolf as this Court deems

just and proper.

COUNT TWO
Unfair Competition Under 15 U.S.C. § 1125(a)

32. Plaintiff Urban Wolf repeats, realleges, and incorporates Paragraphs 1 through 15

above as if fully restated in Count II.

33. Esteban Carreras by its unauthorized appropriation and use of the “DEVILS

HAND” in connection with the sale of its cigars and cigar-related products, has engaged, and is

continuing to engage in acts of wrongful deception to the purchasing public, wrongful designation

as to the source and sponsorship of goods and the wrongful deprivation of the good name and

reputation of the “THE DEVIL’S HANDS” trademark owned by Urban Wolf.

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34. Esteban Carreras willfully and deliberately uses in commerce, words, terms and

names which are likely to cause confusion, mistake, or to deceive as to the affiliation, connection

or commercial activities of Urban Wolf and “THE DEVIL’S HANDS” trademark owned by Urban

Wolf.

35. Esteban Carreras has and continues to market, sell and distribute “DEVILS HAND”

branded cigars and cigar-related products via the internet and in retail stores and boutiques around

the country resulting in consumer confusion as to the source of such products.

36. Such conduct constitutes an unfair trade practice and unfair competition pursuant

to 15 U.S.C. §1125(a) of the Lanham Act.

37. As a direct and proximate result of Esteban Carreras’ aforementioned misconduct

Urban Wolf has incurred damages.

38. Urban Wolf has no adequate remedy at law and will suffer irreparable injury to its

business, reputation and goodwill unless Esteban Carreras’s unlawful conduct is enjoined by this

Court.

39. The imposition of an injunction by this Court will serve the public interest.

40. Esteban Carreras’ conduct has caused Urban Wolf to suffer actual damages in an

amount to be determined at trial.

WHEREFORE, Plaintiff, Urban Wolf Management LLC, respectfully demands judgment

against Esteban Carreras Cigar Co. as follows:

a. Imposition of a temporary and/or permanent injunction against Defendant

Esteban Carreras prohibiting Esteban Carreras from manufacturing, importing, exporting,

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marketing, advertising, distributing and/or selling cigars or cigar-related products using the

name “DEVILS HAND” or any variation thereof;

b. A written report, in accordance with 15 U.S.C. §1116, filed with the Court

and served on counsel for Urban Wolf within ten (10) days from the entry of any injunction,

setting forth in detail the manner and form in which Esteban Carreras has complied with

the terms of the injunction;

c. The delivery by Esteban Carreras, its agents, employees, and all holding

with, through or under it, or anyone acting on its behalf, to be impounded during the

pendency of this action, of all articles alleged to infringe on Urban Wolf’s registered

trademark;

d. The delivery by Esteban Carreras, its agents, employees, and all holding

with, through or under it, or anyone acting on its behalf, for destruction following a final

decision in this action, of all infringing materials;

e. Damages as the Court shall deem just and proper under 15 U.S.C. §1117

and any other provisions of the Lanham Act, including, all of Esteban Carreras’ profits

from the sale of “DEVILS HAND” branded cigars and cigar-related products and all

damages incurred by Urban Wolf as a result of Esteban Carreras’ infringement;

f. Reasonable attorney’s fees and costs incurred in this action; and

g. Such other and further relief in favor of Urban Wolf as this Court deems

just and proper.

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COUNT III
Unfair Competition and Deceptive Trade Practices Under Florida Law

41. Plaintiff Urban Wolf repeats, realleges, and incorporates Paragraphs 1 through 15

above as if fully restated in Count III.

42. This is an action for damages for violation of the Florida Deceptive and Unfair

Trade Practices Act (Fla. Stat. §§501.201 to 501.213).

43. Part II of Chapter 501, Florida Statutes, and specifically Section 501.204, Florida

Statutes, prohibits unfair methods of competition, unconscionable acts or practices, and unfair or

deceptive acts in the conduct of any trade or commerce.

44. This Statute is to be liberally construed to promote the designated statutory policy

stated in Section 501.202(2): “To protect the consuming public and legitimate business enterprises

from those who engage in unfair methods of competition or unconscionable, deceptive, or unfair

acts or practices in the conduct of any trade or commerce.”

45. As amended in 2001, this statute provides that a business entity may bring an action

for declaratory and injunctive relief, damages and attorney’s fees pursuant to section 501.211,

Florida Statutes.

46. Esteban Carreras has engaged in unfair or deceptive acts or practices and unfair

competition as described more particularly above. Specifically, Esteban Carreras’ deceptive use

of the name “DEVILS HAND” in connection with the sale of cigars and cigar-related products

constitutes fraudulent and unconscionable business practices and permits Esteban Carreras to

undertake misleading advertising and representations, thereby competing unfairly with Urban

Wolf in violation of the laws of Florida.

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47. Esteban Carreras’ promotion and offering of goods using the name “DEVILS

HANDS” is likely to cause confusion, mistake, and/or deception and/or to give the false and

misleading impression that the goods offered or sold by Esteban Carreras constitute goods that

originate with or are licensed by Urban Wolf or that Esteban Carreras is a subsidiary or in some

way associated with, connected or related to Urban Wolf.

48. Upon information and belief, Esteban Carreras’ actions have been committed

intentionally with the knowledge that such actions are likely to cause confusion, or to cause

mistake or to deceive.

49. The aforesaid acts of Esteban Carreras constitute unfair competition and deceptive

trade practices by Esteban Carreras in violation of the Florida Deceptive and Unfair Trade Practices

Act, Fla. Stat. Ann. § 501.201 et seq., and the common law of Florida.

50. Urban Wolf has been irreparably injured by Esteban Carreras’ willful acts, and will

continue to suffer injury unless this Court enjoins Esteban Carreras from continuing such wrongful

acts.

51. Urban Wolf has no adequate remedy at law.

WHEREFORE, Plaintiff, Urban Wolf Management LLC, respectfully demands judgment

against Esteban Carreras Cigar Co., as follows:

a. Imposition of a temporary and/or permanent injunction against Defendant

Esteban Carreras prohibiting Esteban Carreras from manufacturing, importing, exporting,

marketing, advertising, distributing and/or selling cigars or cigar-related products using the

name “DEVILS HAND” or any variation thereof;

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b. The delivery by Esteban Carreras, its agents, employees, and all holding

with, through or under it, or anyone acting on its behalf, to be impounded during the

pendency of this action, of all articles alleged to infringe on Urban Wolf’s registered

trademark;

c. The delivery by Esteban Carreras, its agents, employees, and all holding

with, through or under it, or anyone acting on its behalf, for destruction following a final

decision in this action, of all infringing materials;

d. Damages as the Court shall deem just and proper.

e. Reasonable attorney’s fees and costs incurred in this action; and

f. Such other and further relief in favor of Urban Wolf as this Court deems

just and proper.

DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury of all issues so triable.

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CERTIFICATE OF ADMISSION

I HEREBY CERTIFY that I am admitted to the Bar of the United States District Court

for the Southern District of Florida and I am in compliance with the additional qualification to

practice in this court set forth in Local Rule 4(a).

Dated: March 15, 2024.

WEISS SEROTA HELFMAN COLE & BIERMAN, P.L.
Attorneys for Plaintiff
2255 Glades Road, Suite 200-E
Boca Raton, Florida 33431
Phone: (561) 835-2111

By: /s/ Matthew T. Ramenda

Matthew T. Ramenda
Florida Bar No. 863076
Primary Email: mramenda@wsh-law.com
Secondary Email: rburks@wsh-law.com

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