Dunkin Trademark Infringement Lawsuit

Case 2:23-cv-07068-AYS Document 1 Filed 09/22/23 Page 1 of 24 PageID #: 1
IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NEW YORK
DUNKIN’ BRANDS GROUP, INC. and )

DD IP HOLDER, LLC. )
)
Plaintiffs, )
v. )
) Civil Action No.
SINGH HANDICRAFT CORP.; and )
JAYNEET DUA, ) JURY TRIAL DEMANDED
)
Defendants. )
)
COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
Plaintiffs Dunkin’ Brands Group, Inc. (“Dunkin’ Brands”) and DD IP Holder, LLC (“DD
IP”; collectively with Dunkin’ Brands, “Dunkin’”) file this Complaint against Singh Handicraft
Corp. (“Singh”) and its Chief Executive Officer, Jayneet S. Dua (“Mr. Dua”; collectively with
Singh, “Defendants”), and in support thereof alleges as follows:
NATURE AND BASIS OF ACTION
1. This is an action against Defendants for knowing and willful trademark
infringement in violation of the federal Lanham Act, 15 U.S.C. § 1114(1), and New York common
law; unfair competition in violation of the federal Lanham Act, 15 U.S.C. § 1125(a), New York
Gen. Bus. Law § 349 and New York common law; trademark dilution in violation of the federal
Lanham Act, 15 U.S.C. § 1125(c), and New York Gen. Bus. Law § 360-I; and unjust enrichment
in violation of New York common law.
2. Defendants manufacture, offer for sale, and sell electronic cigarettes and oral
vaporizers using the mark VAPIN’ DONUTS & Design (shown below), through online and in-
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store retailers and have applied to federally register the VAPIN’ DONUTS & Design mark with
the United States Patent and Trademark Office (App. No. 97/838,230).
3. Defendants’ use of and application to register the VAPIN’ DONUTS & Design
mark infringes and dilutes by blurring and tarnishment Dunkin’s federally registered and common
law trademark rights in its DUNKIN’ DONUTS marks.
4. Dunkin’ seeks preliminary and permanent injunctive relief, damages, including
punitive damages, a disgorgement of Defendants’ profits, and a recovery of Dunkin’s reasonable
attorneys’ fees and costs.
THE PARTIES
5. Plaintiff Dunkin’ Brands is a corporation organized and existing under the laws of
the state of Delaware. Dunkin’ Brands maintains its headquarters and principal place of business
at 130 Royall Street, Canton, Massachusetts 02021.
6. Plaintiff DD IP is a company organized and existing under the laws of the state of
Delaware. DD IP maintains its headquarters and principal place of business at 130 Royall Street,
Canton, Massachusetts 02021.
7. DD IP is the owner of the well-known DUNKIN’ DONUTS trademarks which have
been used by Dunkin’ Brands and its franchisees under license in connection with coffee and
coffee-based beverages, restaurant services, and café services (among other products and services)
throughout the United States for more than 70 years.
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8. Defendant Singh Handicraft Corp. (“Singh”) is a New York corporation with a
principal place of business located within this District at 14 Allen Boulevard, Farmingdale, New
York 11735.
9. Upon information and belief, Singh advertises, promotes, offers for sale, and sells
its VAPIN’ DONUTS-branded products to consumers throughout the United States, including
within this District, through various retailers, both online and in-store.
10. Singh may be served through its registered agent, Anand Consulting Group Inc.,
located at 534 Merrick Road, Suite 1, Lynbrook, New York, 11563.
11. Upon information and belief, Defendant Jayneet S. Dua resides within this District
at 59 Fox Lane, Dix Hills, New York 11746.
12. Mr. Dua is the chief executive officer of Singh Handicraft Corporation. Upon
information and belief, Mr. Dua personally authorized, directed, and/or participated in the
infringing activities complained of herein.
JURISDICTION AND VENUE
13. This Court has subject matter jurisdiction over Dunkin’s federal claims pursuant to
15 U.S.C. § 1121 and 28 U.S.C. §§ 1331, 1332, 1337 and 1338 because this action arises under
the federal Lanham Act, 15 U.S.C. §§ 1051 et seq.
14. This Court has supplemental jurisdiction over Dunkin’s related state law and
common law claims pursuant to 28 U.S.C. §§ 1338 and 1367.
15. This Court has personal jurisdiction over both Defendants because Singh’s
principal place of business is located, and Mr. Dua resides, within this judicial district.
16. Furthermore, upon information and belief, Defendants have purposefully availed
themselves of the benefits of doing business in the State of New York by advertising, promoting,
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offering for sale and/or selling infringing products to consumers located in this State. Defendants
are thus committing tortious acts in New York and have wrongfully caused Dunkin’ substantial
injury within the State.
17. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b)(2) and (b)(3) because
Defendants, upon information and belief, are residents of this district and subject to personal
jurisdiction in this district, and are causing harm to Dunkin’ and consumers in this judicial district
by advertising, offering to sell, and/or selling infringing VAPIN’ DONUTS-branded products in
this district.
FACTUAL BACKGROUND
I. DUNKIN’ AND ITS FAMOUS DUNKIN’ MARKS
18. Founded in 1950, Dunkin’ has become the largest coffee and donut brand in the
United States. Dunkin’, on its own and through its franchisees, operates quick-service restaurants
which advertise, offer for sale, and sell DUNKIN’ DONUTS-branded coffee, donuts, and
merchandise to consumers.
19. There are over 12,000 DUNKIN’-branded restaurants operating across the globe in
several different markets. More than 1,000 of these locations are located within the State of New
York.
20. Dunkin’, its licensees and/or affiliates have continuously used the following
trademarks and service marks in interstate commerce to identify its food and beverage products,
restaurant and café services, and related goods and services:
• DUNKIN’ DONUTS, which has been in use since 1950;
• DUNKIN’ DONUTS & Design (shown below), which has been in use since 1976;
and
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• DD & Coffee Icon (shown below), which has been in use since 2006.
21. In recognition of Dunkin’s exclusive rights in these marks, the United States Patent
and Trademark Office (“USPTO”) has issued Dunkin' numerous federal trademark registrations,
as shown in the chart below (together with Dunkin’s common law rights in these and other
DUNKIN’ DONUTS-formative marks, these registered marks are referred to collectively herein
as the “DUNKIN’ Marks”). Copies of the registration certificates and status pages from the
USPTO are attached as Exhibit A.
Registration No. &

Mark Goods and Services
Registration Date
DUNKIN’ 748,901 Class 42: restaurant services.
DONUTS April 30, 1963
4,600,316 Class 43: restaurant services; cafe services; snack
September 9, 2014 bar services; fast-food restaurant services.
(“DONUTS” Class 30: doughnuts and bakery products; cookies;

disclaimed) cakes; pies; muffins; plain, glazed, coated and filled
fried cakes; bagels; sandwiches; pizza; sugar; flour;
flavoring extracts; confectionery chips for baking;
honey; yeast; baking-powder; custard-based fillings
for cakes and pies; chocolate-based fillings for
cakes and pies; chocolate-based topping; coffee and
coffee-based beverages; tea and tea-based
beverages; cocoa and cocoa-based beverages;
coffee-based iced beverages, namely, coffee-
flavored slush-type drinks.
DUNKIN’ 4,591,959 Class 43: restaurant services; cafe services; snack
DONUTS August 26, 2014 bar services; fast-food restaurant services.
(“DONUTS”
disclaimed)
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Registration No. &

Mark Goods and Services
Registration Date
Class 30: doughnuts and bakery products; plain,
glazed, coated and filled fried cakes; bagels;
sandwiches; custard-based fillings for cakes; coffee
and coffee-based beverages; tea and tea-based
beverages.
4,013,751 Class 43: restaurant services, cafe services, snack
August 16, 2011 bar services, carry-out food services.
(“DONUTS”
and “EXPRESS”
disclaimed)
August 21, 2007 bar services, carry-out food services.

October 26, 2010 bar services, carry-out food services.
(“DONUTS”
and “COFFEE”
disclaimed)
22. The DUNKIN’ Marks are frequently presented in Dunkin’s distinctive orange and
pink color combination and often include the image of a steaming coffee cup against a pink and
orange background (the “Coffee Icon”).
23. Dunkin’ has prominently used and promoted its DUNKIN’ Marks through
extensive advertising, marketing, rendering of restaurant services, and sale of goods bearing the
marks. As a result of this extensive advertising, continuous use, and heavy promotion of the
DUNKIN’ Marks, they have become famous and an invaluable asset, serving as an immediately
recognizable symbol of the quality of goods and services provided by Dunkin’.
24. DUNKIN’-branded restaurants and products generate billions of dollars in global
sales each year.
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25. Entrepreneur Magazine repeatedly ranks Dunkin’ as the within the top 5 franchises
and #1 in the coffee and baked goods category. See
https://www.entrepreneur.com/franchises/directory/dunkin/282304.
26. Dunkin’ promotes its DUNKIN’ Marks and restaurants through a heavily trafficked
website located at <www.dunkindonuts.com>. Through the website, consumers can get
information about Dunkin’ restaurant locations and the Dunkin’ rewards program, buy and manage
gift cards, shop for DUNKIN’ DONUTS-branded products, and place orders for delivery from
their local Dunkin’ restaurant.
27. Dunkin’ actively promotes its products and services on social media, including
Facebook, X (formerly known as Twitter), Instagram, and TikTok, where it makes prominent use
of DUNKIN’ Marks. As of September 18, 2023, Dunkin’s social media accounts reported the
number of followers listed below:
Account Followers
Facebook 16.4 million

(https://www.facebook.com/DunkinUS)
TikTok 3.1 million
(https://www.tiktok.com/@dunkin)
Instagram 2.3 million
(https://www.instagram.com/dunkin)
X (formerly known as Twitter) 1.3 million
(https://www.twitter.com/dunkindonuts)
28. Dunkin’ has continuously and exclusively used its DUNKIN’ Marks in interstate
commerce in connection with its restaurant services and food and beverage offerings, as well as
related goods and services, in the United States since as early as 1950. Dunkin’ has therefore
acquired valid and enforceable trademark rights in the DUNKIN’ Marks.
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29. In accordance with Sections 7, 22, and 33(a) of the Trademark Act of 1946, 15
U.S.C. §§ 1057, 1072, and 1115(a), DD IP’s federal trademark registrations are valid and
subsisting in law, were duly and legally issued, are prima facie evidence of the validity of the
marks registered and constitute constructive notice of the ownership of the DUNKIN’ Marks by
DD IP.
30. In addition, the DUNKIN’ Marks have become incontestable pursuant to Section
15 of the Trademark Act of 1946, 15 U.S.C. § 1065, and, pursuant to Section 33(b) of the Act, 15
U.S.C. § 1115(b), constitute conclusive evidence of Dunkin’s exclusive right to use the DUNKIN’
Marks in commerce in the United States.
31. Furthermore, through continuous and extensive use and promotion of the
DUNKIN’ Marks in interstate commerce, the DUNKIN’ Marks have become famous within the
meaning of the Federal Trademark Dilution Act of 1995, 15 U.S.C. § 1125 (c)(2).
II. DEFENDANTS’ UNLAWFUL CONDUCT
32. Upon information and belief, Defendants manufacture, offer for sale, and sell
electronic cigarettes and oral vaporizers (collectively, “vapes”) using the mark VAPIN’ DONUTS
& Design (shown below; the “Infringing Mark”).
33. Defendants applied to register the Infringing Mark in connection with “oral
vaporizers, sold filled with essential oils, for smoking purposes” in Class 3 and “electronic
cigarettes and oral vaporizers for smokers; oral vaporizers for smoking purposes sold filled with
vegetable glycerin” in Class 5 (App. No. 97/838,230; the “Application”).
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34. Attorneys for Dunkin’ sent a cease and desist letter to Defendants and the Attorney
of Record for the Application on August 23, 2023. Dunkin’ attempted to contact Defendants and
their Attorney via phone, email, and mail regarding the Defendants’ infringing and dilutive
activities but, to date, have not received any response.
35. Defendants’ products bearing the Infringing Mark are sold at various online
retailers.
Retailer Link to Vape products

Vape 123 https://vape123.com/disposables/vapin-donut/
World Vape USA https://worldvapeusa.com/vapin-donut-drip-5-rechargeable-
disposable-7000-puffs-17ml-5ct-display/#
JNJ Distributors https://jnj-distribution.com/shop/e-cig/disposables-ecig/vapin-
donut-drip-7000-puffs-15ml-5ct-display/
AMS Distribution https://amsdistribution.us/products/vapin-donuts-7000-puffs-
disposable-10-ct-bx
Lazada https://www.lazada.com.ph/products/vapin-donuts
ChemNerdz https://www.chemnerdz.com/search?type=vapin+donut
36. Upon information and belief, Defendants’ products bearing the Infringing Mark are
sold at retail locations which sell electronic cigarettes and oral vaporizers. See
https://www.instagram.com/p/CrW9Y68u9QK/.
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37. Defendants advertise and promote their products under the Infringing Mark (shown
below) online and on social media, including Instagram (@vapin_donuts_).
38. Defendants’ Infringing Mark is nearly identical to the DUNKIN’ Marks, including
the distinctive orange and pink color scheme and rounded font. Indeed, Defendants have merely
replaced the term “VAPIN’” for DUNKIN’ in the DUNKIN’ DONUTS (Stylized) mark and an
electronic vaporizer for a coffee cup in the Coffee Icon.
39. Both Dunkin’ and Defendants utilize online and social media advertising in
promotion of respective goods and services.
40. Both Dunkin’ and Defendants offer their goods through both online and in-store
retail outlets.
41. Both Defendants’ products and Dunkin’s food and beverage products are relatively
inexpensive, typically costing less than $15.00.
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42. Upon information and belief, Defendants were aware of Dunkin’ and its exclusive
rights in the DUNKIN’ Marks when they began selling their products under the Infringing Mark—
without license or consent from Dunkin’.
43. Defendants are intentionally associating their products with Dunkin’, its DUNKIN’
Marks, and Dunkin’s products and services offered thereunder, though use of hashtags #coffee,
#coffeevape, #drip and #donutsforlife on their Instagram page.
44. Furthermore, Defendants offer their products under the Infringing Mark in two
shapes, both of which are intended to further the association with Dunkin’ and its products and
services, (i) an iced coffee cup shape bearing the Infringing Mark, and (ii) a “glazed” rounded
shape that is intended to evoke a donut.
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45. And certain flavors in which Defendants offer the disposable vapes under the
Infringing Mark are identical to flavors Dunkin’ offers for its coffee products (e.g., White Mocha,
Iced Cappuccino).
46. Defendants’ customers have expressed that the only reason they purchased
Defendants’ products is out of an affection for Dunkin’. For example, the Disposable Dad account
on YouTube, which reviews vape products and has nearly 3,000 subscribers, stated Dunkin’ Donuts
is part of his roots and, “that was the only reason he got it.” Otherwise, he would not have reviewed
the product because it encourages “the FDA to come after stuff geared towards kids”. See
http://www.youtube.com/watch?v=Kz2Dmn68N3c. The video stated, and the associated
comments agreed, the product is “enticing to children,” which should be discouraged.
47. Indeed, Defendants are attempting to target underaged consumers with the flavors
and shape of the products, conduct which the FTC has previously warned other e-cigarette and e-
liquid manufacturers against. See https://www.ftc.gov/business-guidance/blog/2018/05/ftc-fda-
warning-letters-ask-it-kids-treat-or-tobacco-product.
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48. Defendants’ use of the Infringing Mark in connection with such morally
reprehensible and illegal conduct harms Dunkin’s reputation and the good will associated with the
DUNKIN’ Marks.
49. Defendants’ use of the Infringing Mark is also likely to dilute the distinctive quality
of the DUNKIN’ Marks such that they will no longer be associated exclusively with Dunkin’.
COUNT I
Federal Trademark and Service Mark Infringement
(15 U.S.C. § 1114)
50. Dunkin’ repeats and incorporates by reference the allegations contained in the
foregoing paragraphs of this Complaint.
51. Dunkin’ has used its DUNKIN’ Marks continuously and exclusively in commerce
in connection with its goods and services since as early as 1950.
52. Dunkin’ owns federal registrations for the DUNKIN’ Marks, which serve to
identify to the public certain goods and services that are offered by Dunkin’ alone, and the goods
and services offered in connection with the DUNKIN’ Marks are regarded by the public as being
offered by, approved by, authorized by, associated with, affiliated with, or otherwise connected to
Dunkin’, which has been recognized as the #1 franchise in the United States.
53. Defendants’ adoption and use, in bad faith, of the nearly identical Infringing Mark,
without Dunkin’s authorization or consent, in commerce in connection with the sale, offering for
sale, or advertising of its own goods, is likely to confuse, mislead, or deceive the public as to the
true source, origin, affiliation, or sponsorship of Defendants’ goods.
54. Defendants’ use of the VAPIN’ DONUTS & Design mark infringes Dunkin’s
exclusive rights in its protectable federally registered trademarks—specifically Registration Nos.
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4,600,316; 3,282,278; 3,868,634; and 748,901—in violation of Section 32(1) of the Trademark
Act of 1946, 15 U.S.C. § 1114(1).
55. Defendants’ aforesaid conduct has enabled Defendants to earn profits to which they
are not in law, equity, or good conscience entitled, and have unjustly enriched Defendants, all to
their profit and Dunkin’s damage and detriment.
56. Defendants’ adoption and use of the VAPIN’ DONUTS & Design mark was willful
and intended for the purpose of trading on Dunkin’s reputation and goodwill.
57. Defendants’ aforesaid conduct has caused and will continue to cause actual and
irreparable injury to Dunkin’ and the goodwill associated with the DUNKIN’ Marks for which
Dunkin’ has no adequate remedy at law.
58. Dunkin’ is therefore entitled to appropriate relief as prayed for hereinafter,
including preliminary and permanent injunctive relief.
59. As a result of Defendants’ wrongful conduct, Dunkin’ is also entitled to recover its
monetary damages, an accounting of Defendants’ profits, and its costs, in an amount to be
determined at trial.
60. Defendants’ conduct was willful and intentional, making this an “exceptional case,”
and therefore Dunkin’ is also entitled to an award of its attorneys’ fees pursuant to 15 U.S.C. §
1117.
COUNT II
Federal Unfair Competition/False Designation of Origin
(15 U.S.C. § 1125(a))
62. In addition to Dunkin’s federally registered DUNKIN’ Marks, discussed above,
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Dunkin’ possesses rights at common law in a number of DUNKIN’-formative marks. Dunkin’ has
used each of these marks in connection with its goods and services.
63. Defendants have intentionally adopted and used the Infringing Mark—prominently
incorporating Dunkin’s distinctive pink and orange combination; using an identical or similar font;
and shape of a small, ice coffee cup with a straw—in commerce, without authorization or consent
from Dunkin’, in connection with the sale, offering for sale, distribution, and advertising of its
disposable vapes, in an attempt to trade on Dunkin’s good will.
64. Defendants’ use of the Infringing Mark is likely to continue to cause confusion,
mistake, or deception as to whether Defendants’ disposable vapes originate from, are associated,
affiliated or connected with, or are sponsored, endorsed or approved by Dunkin’.
65. Accordingly, Defendants’ conduct constitutes unfair competition and false
designation of origin in violation of the Lanham Act, 15 U.S.C. § 1125(a).
66. Defendants’ aforesaid conduct has enabled Defendants to earn profits to which
they are not in law, equity, or good conscience entitled, and have unjustly enriched Defendants,
all to their profit and Dunkin’s damage and detriment.
67. Defendants’ adoption and use of the Infringing Mark was willful, in bad faith, and
intended for the purpose of trading on Dunkin’s reputation and goodwill.
68. As a direct and proximate result, Defendants’ aforesaid conduct has caused and will
continue to cause actual and irreparable injury to Dunkin’ and the goodwill associated with the
DUNKIN’ Marks for which Dunkin’ has no adequate remedy at law.
monetary damages, an accounting of the Defendants’ profits, and its costs, in an amount to be
determined at trial.
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1117.
COUNT III
Federal Trademark Dilution
(15 U.S.C. § 1125(c))
72. As a result of Dunkin’s long term and widespread use of its DUNKIN’ Marks and
the amount of publicity and recognition surrounding Dunkin’s goods and services, the DUNKIN’
Marks have achieved a level of recognition such that they are famous and were famous prior to
the acts of Defendants complained of herein.
73. Defendants’ use of the nearly identical Infringing Mark in connection with their
goods is likely to dilute the distinctive quality of the DUNKIN’ Marks, through blurring and
tarnishment, in violation of the Federal Trademark Dilution Act of 1995, 15 U.S.C. § 1125(c).
74. Defendants’ aforesaid conduct has enabled Defendants to earn profits to which they
are not in law, equity, or good conscience entitled, and have unjustly enriched Defendants, all to
their profit and Dunkin’s damage and detriment.
75. Defendants’ adoption and use of the Infringing Mark was willful, in bad faith, and
intended for the purpose of trading on Dunkin’s reputation and goodwill.
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monetary damages, the Defendants’ profits, and its costs, in an amount to be determined at trial.
1117.
COUNT IV
New York Common Law Trademark and Service Mark Infringement
81. Dunkin’ has used its DUNKIN’ Marks continuously and exclusively in commerce
in connection with its goods and services since at least as early as 1950.
82. Defendants’ unauthorized use of the Infringing Mark in New York for their vapes
infringes Dunkin’s rights in its DUNKIN’ Marks, including its rights under New York common
law, and is likely to cause consumer confusion. Such unauthorized use constitutes trademark
infringement under New York common law.
83. Defendants are willfully infringing Dunkin’s DUNKIN’ Marks with full prior
knowledge of Dunkin’s rights in the marks.
84. Defendants’ actions complained of herein will deceive the public as to the source
of Defendants’ products and as to the existence of an affiliation between Dunkin’ and the
Defendants.
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DUNKIN’ Marks.
86. As a result of Defendants’ willful, egregious and intentional misconduct, Dunkin’
is also entitled to recovery of its actual damages, as well as exemplary and punitive damages
pursuant to the common law of New York, and to recover its costs and reasonable attorneys’ fees,
in an amount to be determined.
COUNT V
Deceptive Trade Practices Under New York Gen. Bus. Law § 349
88. Defendants have intentionally adopted and used the Infringing Mark—prominently
incorporating Dunkin’s distinctive pink and orange combination; using an identical or similar font;
and shape of a small, ice coffee cup with a straw—in commerce, without authorization or consent
from Dunkin’, in connection with the sale, offering for sale, distribution, and advertising of their
disposable vapes to consumers in New York, in an attempt to trade on Dunkin’s reputation and
goodwill.
89. Defendants’ use of the Infringing Mark is in bad faith and is likely to continue to
cause confusion, mistake, or deception as to whether Defendants’ disposable vapes originate from,
are associated, affiliated or connected with, or are sponsored, endorsed or approved by Dunkin’.
90. As a result of Defendants’ deceptive practices through use of the Infringing Mark,
Dunkin’ has suffered harm to its reputation and the goodwill associated with its DUNKIN’ Marks.
91. Defendants’ wrongful conduct will continue to cause such injury to Dunkin’, in
violation of New York Gen. Bus. Law § 349, unless and until enjoined by this Court.
is also entitled to treble damages pursuant to New York Gen. Bus. Law § 349 and to recover its
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costs and reasonable attorneys’ fees, in an amount to be determined.
COUNT VI
Unfair Competition Under New York Common Law
94. Defendants have intentionally adopted and used the Infringing Mark in commerce,
without authorization or consent from Dunkin’, in connection with the sale, offering for sale,
distribution, and advertising of their disposable vapes, in an attempt to trade on Dunkin’s
reputation and good will.
95. Defendants’ use of the Infringing Mark is willful and in bad faith and is likely to
continue to cause confusion, mistake, or deception as to whether Defendants’ disposable Vapes
originate from, are associated, affiliated or connected with, or are sponsored, endorsed or approved
by Dunkin’.
96. As a direct and proximate result, Defendants’ wrongful conduct will continue to
cause such injury to Dunkin’, in violation of the unfair competition common law of the State of
New York, unless and until enjoined by this Court.
is also entitled to exemplary and punitive damages pursuant to the common law of New York and
to recover its costs and reasonable attorneys’ fees, in an amount to be determined.
COUNT VII
New York Statutory Trademark Dilution
(New York Gen. Bus. Law § 360-l)
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99. As a result of Dunkin’s long term and widespread use of its DUNKIN’ Marks and
the amount of publicity and recognition surrounding Dunkin’s goods and services, the DUNKIN’
Marks have achieved a level of recognition such that they are famous and were famous in the state
of New York prior to the acts of Defendants complained of herein.
100. Defendants’ use of the nearly identical Infringing Mark in connection with their
goods is likely to dilute the distinctive quality of the DUNKIN’ Marks in violation of New York
Gen. Bus. Law § 360-I.
101. Defendants’ aforesaid conduct has enabled Defendants to earn profits to which
Defendants are not in law, equity, or good conscience entitled, and has unjustly enriched
Defendants, all to their profit and Dunkin’s damage and detriment.
102. Defendants’ adoption and use of the Infringing Mark was willful and intended for
the purpose of trading on Dunkin’s reputation and goodwill.
monetary damages, the Defendants’ profits, and its costs, in an amount to be determined at trial.
COUNT VIII
Unjust Enrichment Under New York Common Law
107. Defendants have been enriched and have benefitted from the goodwill associated
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with the DUNKIN’ Marks, by using the nearly identical Infringing Mark in violation of New York
common law. For example, through the use of marks, branding and packaging that is confusingly
similar to Dunkin’s, Defendants have been able to make sales that it normally would not, gaining
an unfair commercial advantage. This confusion results in increased sales of Defendants’
disposable vapes, as well as avoided advertising, marketing, and other costs for the Defendants.
108. Defendants have been enriched at Dunkin’s expense. Dunkin’ has devoted
substantial amounts of time, effort, money, talent and creativity to the development of its
DUNKIN’ Marks. The association between the Dunkin’ brand and electronic cigarettes and oral
vaporizers is at the expense of Dunkin’s reputation and goodwill.
109. Given Defendants’ inequitable misconduct, including its intentional and knowing
trademark infringement and unfair competition for Defendants’ own financial benefit, equity and
good conscience requires restitution.
110. Defendants’ wrongful conduct will continue to cause such injury to Dunkin’ unless
and until enjoined by this Court.
is entitled to an accounting of Defendants’ unjustly earned profits.
JURY DEMAND
Dunkin’ demands trial by jury of all issues raised in the Complaint that are properly tried
to a jury.
DEMAND FOR RELIEF
WHEREFORE, by virtue of Defendants’ unlawful conduct as alleged in Counts I-VIII of
this Complaint, Dunkin’ respectfully requests that this Court:
A. Enter judgment that Defendants, as a result of their unauthorized use of the
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Infringing Mark, have:
1. Infringed Dunkin’s rights in the federally registered DUNKIN’ Marks in violation
of Section 32(1) of the Trademark Act of 1946, 15 U.S.C. § 1114(1) and the
common law of New York;
2. Engaged in unfair competition and false designation of origin in violation of
Section 43(a) of the Trademark Act of 1946, 15 U.S.C. § 1125(a), New York Gen.
Bus. Law § 349 and the common law of New York;
3. Engaged in trademark dilution in violation of the Federal Trademark Dilution
Revision Act, 15 U.S.C. § 1125(c) and New York Gen. Bus. Law § 360-I;
4. Been unjustly enriched in violation of the common law of New York;
B. Enter preliminary and permanent injunctions restraining Defendants, as well as
their officers, directors, employees, agents, affiliates, subsidiaries, divisions, successors, assigns,
franchisees, licensees, and all those in privity or acting in concert with them from:
1. Manufacturing, distributing, shipping, advertising, marketing, promoting, selling,
or otherwise offering for sale disposable vapes using the Infringing Mark or any
other mark confusingly similar to the DUNKIN’ Marks, including but not limited
to any mark containing the phrase “VAPIN’ DONUTS”, making use of the Coffee
Icon (or a design confusingly similar thereto), or making use of Dunkin’s unique
orange and pink color combination;
2. using or authorizing the use of the Infringing Mark, or any reproduction,
counterfeit, copy, or colorable imitation thereof, in any form, or in any manner, or
otherwise infringing the DUNKIN’ Marks;
3. Otherwise unfairly competing with, injuring the business or reputation of, or
22
damaging the goodwill of Dunkin’ in any manner;
4. Otherwise falsely representing themselves or any of their products as being
associated or affiliated with, sponsored or endorsed by, or in any way connected
with Dunkin’; and
5. Otherwise harming the distinctive quality of the DUNKIN’ Marks.
C. Order that Defendants destroy all products and advertising and promotional
materials that bear the Infringing Mark;
D. Order that Defendants, well as their respective officers, agents, servants,
employees, attorneys, and those persons in active concert or participation with any of them, be
directed to file with this Court and serve on Dunkin’ within thirty (30) days after service of the
injunction, a report in writing and under oath, setting forth in detail the manner and form in which
Defendants have complied with the injunction;
D. Order that Defendants file an express abandonment of the Application with the
United States Patent and Trademark Office;
E. Order that, pursuant to Section 35 of the Trademark Act of 1946, 15 U.S.C. § 1117,
an accounting be had and judgment rendered against Defendants for both (1) the profits, gains, and
advantage derived from its wrongful actions and (2) the damages sustained by Dunkin’ as a result
of Defendants’ actions, including lost sales, price erosion, injury to goodwill, diminution of value
of the mark, corrective advertising, and reasonable royalties, and any actual damages with such
amounts to be trebled as provided by law because of the willful and deliberate nature of
Defendants’ actions;
F. Order that Dunkin’s recovery based on Defendants’ profits is inadequate, and enter
judgment for an increased sum as the Court finds just, pursuant to 15 U.S.C. § 1117;
23
G. Order that Dunkin’ be awarded punitive damages for Defendants’ willful,
intentional, egregious and malicious acts of common law unfair competition, trademark
infringement and unjust enrichment, and otherwise provided by New York common law;
H. Order that, pursuant to Section 35 of the Trademark Act of 1946, 15 U.S.C. §
1117(a), Defendants be required to pay Dunkin’ both the costs of this action and the reasonable
attorneys’ fees Dunkin’ has incurred in connection with this action;
I. Grant Dunkin’ such other and further relief as the Court deems just and proper.
Respectfully submitted, this 22nd day of September, 2023.
By: /s/ Natalie C. Clayton

Natalie C. Clayton (4409538)
ALSTON & BIRD LLP
90 Park Avenue
15th Floor
New York, NY 10016-1387
Telephone: (212) 210-9400
Facsimile: (212) 210-9444
Email: Natalie.Clayton@alston.com
Of Counsel:
Jason D. Rosenberg (PHV to Be Filed)

Georgia Bar No. 510855
jason.rosenberg@alston.com
Sarah Parker (PHV to Be Filed)
sarah.parker@alston.cim
Georgia Bar No. 734610
ALSTON & BIRD LLP
1201 W. Peachtree Street
Atlanta, Georgia 30309
Telephone: (404) 881-7000
Facsimile: (404) 881-7777
Attorneys for Plaintiffs Dunkin Brands

Group, Inc. and DD IP Holder, LLC
24
Case 2:23-cv-07068-AYS Document 1-1 Filed 09/22/23 Page 1 of 20 PageID #: 25
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Word Mark DUNKIN' DONUTS

Goods and IC 042. US 100. G & S: Restaurant Services. FIRST USE: 19500515. FIRST USE IN COMMERCE:
Services 19560707
Mark Drawing Code (1) TYPED DRAWING
Serial Number 72148372
Filing Date July 5, 1962
Current Basis 1A
Original Filing
1A
Basis
Registration
0748901
Number
Registration Date April 30, 1963
Owner (REGISTRANT) Dunkin' Donuts of America, Inc. CORPORATION MASSACHUSETTS 275 HANCOCK ST.
QUINCY MASSACHUSETTS
(LAST LISTED OWNER) DD IP HOLDER LLC LIMITED LIABILITY COMPANY DELAWARE 130 Royall St.
Canton MASSACHUSETTS 02021
Assignment
ASSIGNMENT RECORDED
Recorded
Attorney of Record Warren Zeserman
Prior Registrations 0692491;0715860
Type of Mark SERVICE MARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20230914.
Renewal 3RD RENEWAL 20230914
Live/Dead Indicator LIVE
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Record 1 out of 1
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Goods and IC 025. US 022 039. G & S: Aprons, caps, jackets, shirts, t-shirts [, visors, headbands ]. FIRST USE:
Services 19981231. FIRST USE IN COMMERCE: 19981231
IC 030. US 046. G & S: Doughnuts and bakery products; cookies; cakes; pies; muffins; plain, glazed, coated
and filled fried cakes; bagels; sandwiches; pizza; sugar; flour; flavoring extracts; confectionery chips for baking;
honey; yeast; baking-powder; custard-based fillings for cakes and pies; chocolate-based fillings for cakes and
pies; chocolate-based topping; coffee and coffee-based beverages; tea and tea-based beverages; cocoa and
cocoa-based beverages; coffee-based iced beverages, namely, coffee-flavored slush-type drinks. FIRST USE:
19760620. FIRST USE IN COMMERCE: 19760815
(CANCELLED) IC 032. US 045 046 048. G & S: [ Fruit drinks and fruit juices; fruit-flavored slush-type drinks;
smoothies; coffee-flavored soft drinks; syrups and other preparations, concentrates, and powders for making
soft drinks and fruit drinks ]. FIRST USE: 20010508. FIRST USE IN COMMERCE: 20010508
(CANCELLED) IC 035. US 100 101 102. G & S: [ franchising services, namely, offering technical assistance in
the establishment and operation of franchised restaurants, donut and coffee shops, and other food
establishments and restaurants ]. FIRST USE: 19791021. FIRST USE IN COMMERCE: 19791021
IC 043. US 100 101. G & S: restaurant services; cafe services; snack bar services; fast-food restaurant
services. FIRST USE: 19760620. FIRST USE IN COMMERCE: 19760815
Mark Drawing
(5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Code
Filing Date December 3, 2013
Current Basis 1A
Original Filing
1A
Basis
Published for
June 24, 2014
Opposition
Change In
CHANGE IN REGISTRATION HAS OCCURRED
Registration
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1-1 Filed 09/22/23
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(TESS)
Registration
4600316
Number
International
Registration 1251811
Number
Registration
September 9, 2014
Date
Owner (REGISTRANT) DD IP Holder LLC LIMITED LIABILITY COMPANY DELAWARE 130 Royall Street 130 Canton
MASSACHUSETTS 02021
Assignment
ASSIGNMENT RECORDED
Recorded
Attorney of
Warren Zeserman
Record
Prior
1148165;1159354;3868634;AND OTHERS
Registrations
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "DONUTS" WITH REGARD TO CLASSES 30, 35
AND 43 ONLY APART FROM THE MARK AS SHOWN
Description of The color(s) Orange and Pink is/are claimed as a feature of the mark. The mark consists of the word
Mark "DUNKIN'" in orange over the word "DONUTS" in pink.
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Affidavit Text SECT 15. PARTIAL SECT 8 (6-YR).
Live/Dead
LIVE
Indicator
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Case
9/22/23, 10:17 AM 2:23-cv-07068-AYS DocumentTrademark
1-1 Filed 09/22/23
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Record 1 out of 1
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Goods and IC 025. US 022 039. G & S: [ aprons, caps, jackets, ] shirts [, t-shirts ] [, visors, headbands ]. FIRST USE:
Services 19981231. FIRST USE IN COMMERCE: 19981231
IC 029. US 046. G & S: [ fruit-based fillings for doughnuts, cookies, cakes, and pies; edible oils and fats; fruit
topping; ] nut topping [ ; shortenings; hash brown potatoes; soups; vegetable and meat salads ]. FIRST USE:
19520500. FIRST USE IN COMMERCE: 19520500
IC 030. US 046. G & S: doughnuts and bakery products; [ cookies; cakes; pies; ] muffins; plain, glazed, coated
and filled fried cakes; bagels; sandwiches; [ pizza; sugar; flour; flavoring extracts; confectionery chips for
baking; honey; yeast; baking-powder; ] custard-based fillings for cakes [ and pies ] ; [ chocolate-based fillings
for cakes and pies; chocolate-based topping; ] coffee and coffee-based beverages; tea and tea-based
beverages [ ; cocoa and cocoa-based beverages; coffee-based iced beverages, namely, coffee-flavored slush-
type drinks ]. FIRST USE: 19500515. FIRST USE IN COMMERCE: 19560707
(CANCELLED) IC 032. US 045 046 048. G & S: [ fruit drinks and fruit juices; fruit-flavored slush-type drinks;
smoothies; coffee-flavored soft drinks; syrups and other preparations, concentrates, and powders for making
soft drinks and fruit drinks ]. FIRST USE: 20010508. FIRST USE IN COMMERCE: 20010508
(CANCELLED) IC 035. US 100 101 102. G & S: [ franchising services, namely, offering technical assistance in
the establishment and operation of franchised restaurants, donut and coffee shops, and other food
establishments and restaurants ]. FIRST USE: 19791021. FIRST USE IN COMMERCE: 19791021
IC 043. US 100 101. G & S: restaurant services; cafe services; snack bar services; fast-food restaurant
services. FIRST USE: 19500515. FIRST USE IN COMMERCE: 19560707
Standard
Characters
Claimed
Mark Drawing
(4) STANDARD CHARACTER MARK
Code
Filing Date November 26, 2013
Current Basis 1A
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1-1 Filed 09/22/23
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(TESS)
Original Filing
1A
Basis
Published for
June 10, 2014
Opposition
Change In
CHANGE IN REGISTRATION HAS OCCURRED
Registration
Registration
4591959
Number
International
Number
Registration
August 26, 2014
Date
Owner (REGISTRANT) DD IP Holder LLC LIMITED LIABILITY COMPANY DELAWARE 130 Royall Street 130 Royall
Street Canton MASSACHUSETTS 02021
Assignment
ASSIGNMENT RECORDED
Recorded
Attorney of
Warren Zeserman
Record
Prior
0748901;1148165;1159354;AND OTHERS
Registrations
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "DONUTS" WITH REGARD TO CLASSES 29, 30,
35 AND 43 ONLY APART FROM THE MARK AS SHOWN
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Affidavit Text SECT 15. PARTIAL SECT 8 (6-YR).
Live/Dead
LIVE
Indicator
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Word Mark DUNKIN' DONUTS EXPRESS DD

Goods and IC 043. US 100 101. G & S: restaurant services, cafe services, snack bar services, carry-out food services.
Services FIRST USE: 20100810. FIRST USE IN COMMERCE: 20100810
Mark Drawing
(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Code
Design 01.15.05 - Smoke ; Steam ; Vapor
Search Code 11.03.03 - Coffee cups
26.09.21 - Squares that are completely or partially shaded
Filing Date July 27, 2010
Current Basis 1A
Original Filing
1B
Basis
Published for
November 23, 2010
Opposition
Registration
4013751
Number
Registration
August 16, 2011
Date
Owner (REGISTRANT) DD IP Holder LLC LIMITED LIABILITY COMPANY DELAWARE 130 Royall St. Canton
MASSACHUSETTS 02021
Assignment
ASSIGNMENT RECORDED
Recorded
Attorney of
Warren Zeserman
Record
Prior
1148165;3282277;3282278;AND OTHERS
Registrations
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "DONUTS" AND "EXPRESS" APART FROM THE
MARK AS SHOWN
Description of The color(s) orange, pink, white and brown is/are claimed as a feature of the mark. The mark consists of orange,
Mark pink, white and brown is/are claimed as a feature of the mark. The mark consists of the word "DUNKIN'" in
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1-1 Filed 09/22/23
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orange over the word "DONUTS" in pink over the word "EXPRESS" in brown. To the left of the words is a design
of a cup bearing the letters "DD" from which steam is rising, superimposed on a rectangle with rounded edges.
The color orange appears in the left side of the rectangle and in the first occurrence of the letter "D" in "DD". The
color pink appears in the right side of the rectangle and in the second occurrence of the letter "D" in "DD". The
color brown appears in the outline of the cup, inside the top of the cup and in the rising steam. The color white
appears inside the cup, in the outline of the cup and in the background of the mark.
Register PRINCIPAL
Renewal 1ST RENEWAL 20211101
Live/Dead
LIVE
Indicator
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Word Mark DD
Mark Drawing
Code
Design Search 01.15.05 - Smoke ; Steam ; Vapor
Code 11.03.03 - Coffee cups
26.11.02 - Plain single line rectangles ; Rectangles (single line)
26.11.21 - Rectangles that are completely or partially shaded
Filing Date January 9, 2007
Current Basis 1A
Original Filing
1A
Basis
Published for
June 5, 2007
Opposition
Registration
3282278
Number
Registration
August 21, 2007
Date
MASSACHUSETTS 02021
Assignment
ASSIGNMENT RECORDED
Recorded
Attorney of
Warren Zeserman
Record
Prior
2748147;2751008;2751009;AND OTHERS
Registrations
Description of The color(s) orange, pink, white and brown is/are claimed as a feature of the mark. The color orange appears in
Mark the left side of the rectangle and in the first occurrence of the letter D in the word DD. The color pink appears in
the right side of the rectangle and in the second occurrence of the letter D in the word DD. The color brown
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appears in the outline of the cup, inside the top of the cup and in the rising steam. The color white appears inside
the cup, in the outline of the cup and in the background of the mark. The mark consists of a cup bearing the
letters DD from which steam is rising, superimposed on a rectangle with rounded edges.
Register PRINCIPAL
Live/Dead
LIVE
Indicator
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Word Mark DUNKIN' DONUTS DD COFFEE & MORE

Mark Drawing
Code
Design Search 01.15.05 - Smoke ; Steam ; Vapor
Code 11.03.01 - Glasses without stems
26.11.21 - Rectangles that are completely or partially shaded
Trademark ART-11.03 Containers for beverages; plates and dishes; cooking and serving ware (Non-electric)
Search Facility INAN Inanimate objects such as lighting,clouds,footprints,atomic configurations,snowflakes,rainbows,flames
Classification LETS-1 DD A single letter, multiples of a single letter or in combination with a design
Code NOTATION-SYMBOLS Notation Symbols such as Non-Latin characters,punctuation and mathematical
signs,zodiac signs,prescription marks
SHAPES-COLORS-3-OR-MORE Design listing or lined for three or more colors
SHAPES-GEOMETRIC Geometric figures and solids including squares, rectangles, quadrilaterals and
polygons
SHAPES-MISC Miscellaneous shaped designs
Filing Date December 15, 2009
Current Basis 1A
Original Filing
1B
Basis
Published for
April 20, 2010
Opposition
Registration
3868634
Number
International
Number
Registration Date October 26, 2010
MASSACHUSETTS 02021
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1-1 Filed 09/22/23
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(TESS)
Assignment
ASSIGNMENT RECORDED
Recorded
Attorney of
Warren Zeserman
Record
Prior
1148165;3282277;3282278;AND OTHERS
Registrations
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "DONUTS" AND "COFFEE" APART FROM THE
MARK AS SHOWN
Description of The color(s) orange, pink, white and brown is/are claimed as a feature of the mark. The mark consists of the
Mark word "DUNKIN'" in orange over the word "DONUTS" in pink over the words "COFFEE and MORE" in brown
on either side of an ampersand in pink. To the left of the words is a design of a cup bearing the letters "DD"
from which steam is rising, superimposed on a rectangle with rounded edges. The color orange appears in
the left side of the rectangle and in the first occurrence of the letter "D" in "DD". The color pink appears in the
right side of the rectangle and in the second occurrence of the letter "D" in "DD". The color brown appears in
the outline of the cup, inside the top of the cup and in the rising steam. The color white appears inside the
cup, in the outline of the cup and in the background of the mark.
Register PRINCIPAL
Live/Dead
LIVE
Indicator
JS 44 (Rev. Case 2:23-cv-07068-AYS Document 1-2 Filed
CIVIL COVER 09/22/23 Page 1 of 2 PageID #: 45
SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
DUNKIN' BRANDS GROUP, INC. and
SINGH HANDICRAFT CORP. and JAYNEET DUA
DD IP HOLDER, LLC
(b) County of Residence of First Listed Plaintiff Norfolk County, MA County of Residence of First Listed Defendant Nassau County, NY
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Alston and Bird LLP, 1201 West Peachtree Street NE,

Atlanta, Georgia 30309-3424, (404) 881-7000
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government ✖ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State
2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III)
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB of Business In Another State
'RHVWKLVDFWLRQLQFOXGHDPRWLRQIRUWHPSRUDU\UHVWUDLQLQJRUGHURURUGHU Citizen or Subject of a 3 3 Foreign Nation 6 6
WRVKRZFDXVH"<HVBBB1RBBB´✔
Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729(a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent - Abbreviated 460 Deportation
Student Loans 340 Marine Injury Product New Drug Application 470 Racketeer Influenced and
(Excludes Veterans) 345 Marine Product Liability ✖ 840 Trademark Corrupt Organizations
153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR 880 Defend Trade Secrets 480 Consumer Credit
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud 710 Fair Labor Standards Act of 2016 (15 USC 1681 or 1692)
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending Act 485 Telephone Consumer
190 Other Contract Product Liability 380 Other Personal 720 Labor/Management SOCIAL SECURITY Protection Act
195 Contract Product Liability 360 Other Personal Property Damage Relations 861 HIA (1395ff) 490 Cable/Sat TV
196 Franchise Injury 385 Property Damage 740 Railway Labor Act 862 Black Lung (923) 850 Securities/Commodities/
362 Personal Injury - Product Liability 751 Family and Medical 863 DIWC/DIWW (405(g)) Exchange
Medical Malpractice Leave Act 864 SSID Title XVI 890 Other Statutory Actions
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 790 Other Labor Litigation 865 RSI (405(g)) 891 Agricultural Acts
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 791 Employee Retirement 893 Environmental Matters
220 Foreclosure 441 Voting 463 Alien Detainee Income Security Act FEDERAL TAX SUITS 895 Freedom of Information
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 870 Taxes (U.S. Plaintiff Act
240 Torts to Land 443 Housing/ Sentence or Defendant) 896 Arbitration
245 Tort Product Liability Accommodations 530 General 871 IRS—Third Party 899 Administrative Procedure
290 All Other Real Property 445 Amer. w/Disabilities - 535 Death Penalty IMMIGRATION 26 USC 7609 Act/Review or Appeal of
Employment Other: 462 Naturalization Application Agency Decision
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration 950 Constitutionality of
Other 550 Civil Rights Actions State Statutes
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
✖ 1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
15 U.S.C. § 1114(1); 15 U.S.C. § 1125(a); 15 U.S.C. § 1125(c)
VI. CAUSE OF ACTION Brief description of cause:
This action is for (i) federal and New York common law trademark infringement, (ii) federal, New York statutory, and New York common law unfair c
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ✖ Yes No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
09/22/2023 /s/ Natalie C. Clayton
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

CERTIFICATION
Case 2:23-cv-07068-AYS OF 1-2
Document ARBITRATION ELIGIBILITY
Filed 09/22/23 Page 2 of 2 PageID #: 46
Local Arbitration Rule 83. provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000,
exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless a
certification to the contrary is filed.
&DVHLV(OLJLEOHIRU$UELWUDWLRQ
I, __________________________________________, counsel for____________________________, do hereby certify that the above captioned civil action is ineligible for
compulsory arbitration for the following reason(s):
monetary damages sought are in excess of $150,000, exclusive of interest and costs,
the complaint seeks injunctive relief,
the matter is otherwise ineligible for the following reason
DISCLOSURE STATEMENT - FEDERAL RULES CIVIL PROCEDURE 7.1

Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:
Inspire Brands, Inc. No publicly held corporation owns 10% or more of either Plaintiff's stock.
RELATED CASE STATEMENT (Section VIII on the Front of this Form)

Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a) provides that “A civil case is “related”
to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or because the cases arise from the same transactions or events, a
substantial saving of judicial resources is likely to result from assigning both cases to the same judge and magistrate judge.” Rule 50.3.1 (b) provides that “ A civil case shall not be
deemed “related” to another civil case merely because the civil case: (A) involves identical legal issues, or (B) involves the same parties.” Rule 50.3.1 (c) further provides that
“Presumptively, and subject to the power of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be “related” unless both cases are still
pending before the court.”
1<(',9,6,212)%86,1(6658/( F
1.) Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk
County? Yes ✔ No
2.) If you answered “no” above:

a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk
County? ✔ Yes No
b) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern
District? ✔ Yes No
c) If this is a Fair Debt Collection Practice Act case, specify the County in which the offending communication was
received:______________________________.
If your answer to question 2 (b) is “No,” does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau or
:FT/P
Suffolk County?___________________________________
(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).
BAR ADMISSION
I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court.
✔ Yes No
Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?
Yes (If yes, please explain ✔ No
I certify the accuracy of all information provided above.

/s/ Natalie C. Clayton
Signature: ____________________________________________________
/DVW0RGLILHG
E ast er n Distri ct of N e w Y or k
D U N KI N' B R A N D S G R O U P, I N C. a n d
D D I P H O L D E R, L L C
SI N G H H A N DI C R A F T C O R P. a n d J A Y N E E T D U A,
A n a n d C o n s ulti n g Gr o u p I n c., R e gi st er e d a g e nt f or SI N G H H A N DI C R A F T C O R P.
5 3 4 M erri c k R o a d, S uit e 1
L y n br o o k, N e w Y or k 1 1 5 6 3
J a s o n D. R o s e n b er g (j a s o n.r o s e n b er g @ al st o n. c o m)
S ar a h P ar k er ( s ar a h. p ar k er @ al st o n. c o m)
Al st o n & Bir d L L P
1 2 0 1 W e st P e a c htr e e Str e et
Atl a nt a, G A 3 0 3 0 9- 3 4 2 4
0. 0 0
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Dunkin Trademark Infringement Lawsuit

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Dunkin Trademark Infringement Lawsuit

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Case 2:23-cv-07068-AYS Document 1 Filed 09/22/23 Page 1 of 24 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

DUNKIN’ BRANDS GROUP, INC. and )

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

Singh, “Defendants”), and in support thereof alleges as follows:

NATURE AND BASIS OF ACTION

1. This is an action against Defendants for knowing and willful trademark

in violation of New York common law.

law trademark rights in its DUNKIN’ DONUTS marks.

4. Dunkin’ seeks preliminary and permanent injunctive relief, damages, including

punitive damages, a disgorgement of Defendants’ profits, and a recovery of Dunkin’s reasonable

attorneys’ fees and costs.

at 130 Royall Street, Canton, Massachusetts 02021.

Canton, Massachusetts 02021.

7. DD IP is the owner of the well-known DUNKIN’ DONUTS trademarks which have

throughout the United States for more than 70 years.

8. Defendant Singh Handicraft Corp. (“Singh”) is a New York corporation with a

located at 534 Merrick Road, Suite 1, Lynbrook, New York, 11563.

at 59 Fox Lane, Dix Hills, New York 11746.

infringing activities complained of herein.

JURISDICTION AND VENUE

the federal Lanham Act, 15 U.S.C. §§ 1051 et seq.

common law claims pursuant to 28 U.S.C. §§ 1338 and 1367.

injury within the State.

by advertising, offering to sell, and/or selling infringing VAPIN’ DONUTS-branded products in

I. DUNKIN’ AND ITS FAMOUS DUNKIN’ MARKS

restaurant and café services, and related goods and services:

• DUNKIN’ DONUTS, which has been in use since 1950;

USPTO are attached as Exhibit A.

Registration No. &

(“DONUTS” Class 30: doughnuts and bakery products; cookies;

Registration No. &

3,868,634 Class 43: restaurant services, cafe services, snack

orange background (the “Coffee Icon”).

recognizable symbol of the quality of goods and services provided by Dunkin’.

24. DUNKIN’-branded restaurants and products generate billions of dollars in global

sales each year.

and #1 in the coffee and baked goods category. See

website located at <www.dunkindonuts.com>. Through the website, consumers can get

their local Dunkin’ restaurant.

number of followers listed below:

Facebook 16.4 million

acquired valid and enforceable trademark rights in the DUNKIN’ Marks.

Marks in commerce in the United States.

II. DEFENDANTS’ UNLAWFUL CONDUCT

& Design (shown below; the “Infringing Mark”).

vegetable glycerin” in Class 5 (App. No. 97/838,230; the “Application”).

activities but, to date, have not received any response.

Retailer Link to Vape products

below) online and on social media, including Instagram (@vapin_donuts_).

electronic vaporizer for a coffee cup in the Coffee Icon.

promotion of respective goods and services.

inexpensive, typically costing less than $15.00.

without license or consent from Dunkin’.

#coffeevape, #drip and #donutsforlife on their Instagram page.

shape that is intended to evoke a donut.

http://www.youtube.com/watch?v=Kz2Dmn68N3c. The video stated, and the associated

comments agreed, the product is “enticing to children,” which should be discouraged.

liquid manufacturers against. See https://www.ftc.gov/business-guidance/blog/2018/05/ftc-fda-

foregoing paragraphs of this Complaint.

in connection with its goods and services since as early as 1950.

true source, origin, affiliation, or sponsorship of Defendants’ goods.

exclusive rights in its protectable federally registered trademarks—specifically Registration Nos.

Act of 1946, 15 U.S.C. § 1114(1).