United States District Court, E.D. Michigan, Southern Division
NORTH ATLANTIC OPERATING COMPANY, INC., and NATIONAL TOBACCO COMPANY, L.P., Plaintiffs,
JINGJING JUANG, et al, Defendants,
OPINION AND ORDER GRANTING IN PART AND DENYING IN
PART PLAINTIFFS' MOTIONS FOR DEFAULT JUDGMENT (DKTS. 244
TERRENCE G. BERG UNITED STATES DISTRICT JUDGE.
case concerns counterfeit ZIG-ZAG® rolling papers, a
product popular among smoking enthusiasts. Plaintiffs North
Atlantic Operating Company, Inc. and National Tobacco
Company, L.P. (together, “North Atlantic”) sued
Defendants for selling counterfeit rolling papers. Many
Defendants ignored the lawsuit. North Atlantic now moves for
default judgments against two groups of
Defendants. Dkts. 244 & 260. For the reasons
outlined below, North Atlantic's motions are GRANTED IN
PART AND DENIED IN PART.
Atlantic sells smoking products, including smoking papers,
smoking wraps, and vaporizers. See zigzag.com/products. At
issue in this case are the ZIG-ZAG® 1 ¼ Size
French Orange products:
244, Pg. ID 1994. All authentic ZIG-ZAG® Orange products
display eight trademarks, four that North Atlantic licenses
from the registrant, Bolloré S.A:
(1) U.S. TM Reg. No. 610, 530 for ZIG-ZAG (Stylized);
(2) U.S. TM Reg. No. 1, 127, 946 for ZIG-ZAG (Word Mark);
(3) U.S. TM Reg No. 2, 169, 540 for the Smoking Man Design;
(4) U.S. TM Reg No. 2, 169, 549 for the Smoking Man
and four that North Atlantic owns:
(5) U.S. TM Reg. No. 2, 664, 694 for North Atlantic Operating
(6) U.S. TM Reg. No. 2, 664, 695 for Gear Design;
(7) U.S. TM Reg. No. 2, 610, 473 for NORTH ATLANTIC OPERATING
COMPANY (Word Mark); and
(8) U.S. TM Reg. No. 2, 635, 446 for NORTH ATLANTIC OPERATING
COMPANY (Word Mark)).
Dkt. 244, Pg. ID 1995.
ZIG-ZAG® Orange products also display North
Atlantic's copyrighted graphic titled “North
Atlantic Operating Company, Inc.” (the “NAOC
copyright”) Dkt. 244, Pg. ID 1996. And the products
include gold-fill lettering, French phrases such as
“Qualite Superieure” and “Braunstein Freres
France, ” and statements such as “Made in France,
” “Imported French, ” and
“Distributed by NORTH ATLANTIC OPERATING COMPANY,
INC.” Dkt. 244, Pg. ID 1996.
counterfeit products Defendants allegedly sell also contain
the trademarks, copyrighted graphic, and other design
elements such as gold-fill lettering, French phrases, and
statements about product origination and distribution. Dkt.
244, Pg. ID 1997. North Atlantic discovered this information
after years of investigation that included controlled buys,
inspection, and analysis of certain suspected counterfeit
ZIG-ZAG® Orange products listed for sale at below-market
prices. Dkt. ...