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Thursday, March 28, 2024

S&M Smoke Shop allegedly sold counterfeit water pipes

Trademark 06

MIAMI — A U.S. distributor for a German-based company has filed suit for alleged trademark infringement against a retail who sold falsely labeled water pipes.

Sream Inc. filed a complaint Sept. 16 in U.S. District Court for the Southern District of Florida against S&M Smoke Shop LLC, alleging that the retail store introduced a counterfeit product in commerce.

According to the complaint, the plaintiff alleges that in August 2013, Sream Inc. has been the exclusive licensee of RooR products, a German company who manufactures high-end water pipes and parts. It was also granted enforcement rights to sue to obtain injunctive and monetary relief for infringement of the RooR products, which the defendant was found to be doing, albeit previously unbeknownst to the plaintiff. As a result, it was caused to suffer damages to its goodwill and reputation. 

The plaintiff holds S&M Smoke Shop LLC responsible because the defendant allegedly sold counterfeit products to the general public, tarnished the products' reputation by selling inferior products, deceived consumers as to the true source and affiliation of its goods and gained profit at the expense of the plaintiff.

The plaintiff requests a trial by jury and seeks judgment against the defendant, awarding of damages, injunctive relief, awarding attorney's fees, costs and further relief the court deems just. It is represented by Jamie Alan Sasson of The Ticktin Law Group PLLC in Deerfield Beach.

U.S. District Court for the Southern District of Florida case number 2:16-cv-14407

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