golub vs wakefern online ads

8/3/2019 Golub vs Wakefern Online Ads

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IN THE UNIT ED STA TES DISTRIC T CO URTF OR TH E NORTH ERN D ISTRI CT OF NEW YOR K

)

THE GOLUB CORPORATION, ))Plaintiff, )

) Jury T rial Demandedv. )

)

WAKEFERN FOOD CORPORATION, )

D/B/A SHOPRITE SUPERMARKETS, INC. ) Civil Action No.

)Defendant. )

)

CO MPLAI NT AND DEM AND F OR J URY TRI A L

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3. Upon information and belief, Wakefern Food Corporation, d/b/a ShopRiteSupermarkets, Inc. is a corporation organized and existing under the laws of the State of New

Jersey with its headquarter located at 5000 Riverside Drive, Keasbey, New Jersey, 08738.

JURISDICTI ON AND VE NUE

4. This Court has jurisdiction under 15 U.S.C. 1121, and 28 U.S.C. 1331, 1338.5. This Court has personal jurisdiction over Defendant Wakefern consistent with the

principles underlying the U.S. Constitution and N.Y.C.P.L.R. 302, because upon information

and belief, Wakefern conducts or solicits business within this district and elsewhere in New York

and derives substantial revenue from the sales of its products and/or services within this district

and elsewhere in New York. Plaintiff is further informed and believes that New York consumers

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CHOPPER. Copies of the U.S. Trademark Office records for these registrations are attached

hereto as Exhibit A.

9. Plaintiff Golub adopted the PRICE CHOPPER mark and has continuously usedit in interstate commerce for retail supermarket and gasoline station services since at least as

early as May of 1973.

10. Plaintiff Golub operates retail supermarket stores using the PRICE CHOPPERmark in New York, Connecticut, Massachusetts, New Hampshire, Pennsylvania and Vermont.

11. Plaintiff Golub adopted the PRICE CHOPPER mark and has continuously usedit in interstate commerce for:

Mouth Wash, Nail Polish Remover, Fabric Softener, Laundry Bleach, Household

Ammonia, Toilet and Laundry Soap, Laundry and Dishwashing Detergent, since at leastas early as May of 1974;

Vitamins, Rubbing Alcohol, Hydrogen Peroxide for Medicinal Use, Mineral Oil forMedicinal Use, Cotton Cleaning Swabs for Medicinal Use, since at least as early as

November of 1973;

Paper Bags and Facial Tissues, since at least as early as October 2, 1973;

Plastic Bags-Namely, Sandwich Bags, Garbage Bags and Trash Bags, since at least as

early as October 1973;

Mayonnaise, Salad Dressing, Dairy Products Excluding Ice Cream, Eggs, Canned Fruits

and Vegetables, Jams, Pickles, Jellies, Peanut Butter, Milk Substitute for Coffee; Meatand Meat Products, Poultry and Fish, since at least as early as August of 1971;

Catsup, Tomato Sauce, Tomato Puree, Tomato Paste, Vinegar, Mustard, Table Syrup,

Bread, Muffins, Doughnuts, Coffee, Ice Cream, Waffles, Chocolate, Cake, Honey andCocoa, since at least as early as August of 1971;

Fresh Fruits and Vegetables, Canned and Dry Dog and Cat Food and Bird Seed, since at

least as early as January of 1978;

Fruit Juices, Tomato Juice, Fruit Punch, Fruit Drinks Containing Water, Soft Drinks,

Non-Alcoholic Mixers, Vichy Water and Powdered Soft Drink Mix, since at least asearly as October 2, 1973; and

Case 1:11-cv-01254-NAM-DRH Document 1 Filed 10/20/11 Page 3 of 12


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Book Matches, since at least as early as November 6, 1973.

12. The validity of the registered PRICE CHOPPER mark and of the registrations-'(&*+(9#1>7(!"#$%&$''(,-"./J8(-F%+18*$2(-'(&*+(9#1>7(#%


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in the greater northeast region of the United States, including the Capital District region of New

York.

18. Upon information and belief, Defendant Wakefern operates retail grocery storesunder the name ShopRite in select regions of New York, New Jersey, Pennsylvania, Connecticut,

Delaware and Maryland.

19. Upon information and belief, Defendant Wakefern owns and operates theShopRite of Niskayuna store, located at 2333 Nott Street East, Niskayuna, New York, 12309.

20. Upon information and /+"$+'7(;+'+%+'+1%J8(A*-2B$&+(-'(Q$8>#H.%#(8&-1+($8(&*+('$18&(-'(&*+(8+K+1#"(A*-2B$&+(8&-1+8(2"#%%+


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23. Upon information and belief, Internet search providers offering Internetadve1&$8$%:(21-:1#987(8.D*(#8(,--:"+J8(W


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36. This claim arises under section 43 of the Lanham Act, Title 15 of the UnitedStates Code Section 1125, for false advertising and/or false designation of origin. This Court has

jurisdiction over this claim pursuant to 15 U.S.C. 1121.

37. The use of the PRICE CHOPPER mark by Defendant constitutes a falsedesignation of origin or sponsorship as to the goods and/or services made available by Defendant

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of Plaintiff and is therefore a famous mark. The acts of Defendant alleged herein were

commenced from a time after Plaintiff's mark became famous.

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Case 1:11-cv-01254-NAM-DRH Document 1-2 Filed 10/20/11 Page 1 of 7


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EXHIBIT A



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