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EXHIBIT 7
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FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL,
CASE NO. 1:20-CV-00523-NONE-SAB
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MAYER BROWN LLP
CARMINE R. ZARLENGA (pro hac vice)
czarlenga@mayerbrown.com
1999 K Street, N.W.
Washington, DC 20006-1101
Telephone: (202) 263-3000
Facsimile: (202) 263-3300
DALE GIALI (SBN 150382)
dgiali@mayerbrown.com
KERI E. BORDERS (SBN 194015)
kborders@mayerbrown.com
350 South Grand Avenue, 25th Floor
Los Angeles, CA 90071-1503
Telephone: (213) 229-9500
Facsimile: (213) 625-0248
Attorneys for Plaintiff 3M Company
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
3M COMPANY,
Plaintiff,
vs.
RX2LIVE, LLC and RX2LIVE, INC.,
Defendants.
Case No. 1:20-cv-00523-NONE-SAB
FIRST AMENDED COMPLAINT AND
DEMAND FOR JURY TRIAL
JURY TRIAL DEMANDED
Original Complaint Filed: April 10, 2020
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COMPLAINT
Plaintiff 3M Company (“3M” or “Plaintiff”), by and through its undersigned attorneys, as
and for its Complaint against Defendants RX2Live, LLC and RX2Live, Inc. (collectively,
“RX2Live” or “Defendant”), hereby alleges as follows based on knowledge of its own actions, and
on information and belief as to all other matters:
NATURE OF THE ACTION
1.
This lawsuit concerns Defendant’s use of 3M’s famous trademarks to perpetrate a
false and deceptive price-gouging scheme on unwitting customers and consumers, including
Fresno-based healthcare provider Community Medical Centers, Inc. (“CMC”), during the global
COVID-19 pandemic.
2.
Throughout its history, 3M has been providing state-of-art, industry-leading
scientific and medical products to consumers throughout the world under its famous 3M marks.
Based on this longstanding, continuous use, consumers associate the 3M marks uniquely with 3M.
Now, more than ever, consumers are also relying on the famous 3M marks to indicate that the
products offered thereunder are of the same superior quality that consumers have come to expect
over the past century. This is especially true with respect to 3M’s numerous industry-leading
healthcare products and personal protective equipment (“PPE”), including Plaintiff’s 3M-brand
N95 respirators.
3.
Healthcare professionals and other first responders are heroically placing their
health and safety on the line to battle COVID-19. To assist in the battle against COVID-19, 3M is
supplying healthcare workers and other first responders with 3M-brand N95 respirators. For
example, in the last week of March 2020, 3M supplied healthcare workers throughout the United
States with 10 million of its 3M-brand N95 respirators. 3M also recently announced that it will
import 166.5 million of its 3M-brand N95 respirators into the United States in the next three months
to supplement its U.S. production, and has invested the capital and resources necessary to double
its current annual global production of 1.1 billion respirators. In response to the COVID-19
outbreak and surge in need for N95 respirators, 3M has doubled its global output rate to nearly 100
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million respirators per month, and it expects to produce around 50 million respirators per month in
the United States by June 2020.
4.
The demand for 3M-branded respirators has grown exponentially in response to the
pandemic, and 3M has been committed to seeking to meet this demand while keeping its respirators
priced fairly. 3M is working with customers, distributors, governments, and medical officials to
direct 3M supplies to where they are needed most. Importantly, 3M has not increased the prices
that it charges for 3M respirators as a result of the COVID-19 outbreak.
5.
Unfortunately, any number of wrongdoers seek to exploit the current public health
emergency and prey on innocent parties through a variety of scams involving 3M N95 respirators
and other products in high demand. These scams include unlawful price-gouging, fake offers,
counterfeiting, and other unfair and deceptive practices – all of which undercut the integrity of the
marketplace and constitute an ongoing threat to public health and safety.
6.
In response to fraudulent activity, price-gouging and counterfeiting related to N95
respirators that has spiked in the marketplace in response to the pandemic, 3M is taking an active
role to combat these activities. 3M’s actions include working with law enforcement authorities
around the world, including the U.S. Attorney General, state Attorneys General and local
authorities to combat price-gouging. 3M has also created a website where people can report
potential price-gouging and the “3M COVID-19 Fraud hotline” for end-users and purchasers of 3M
products in the United States and Canada to call for information and to help detect fraud and avoid
counterfeit products. Moreover, 3M is publishing information about its anti-price-gouging and
counterfeiting efforts on the 3M website, including disclosure of 3M’s list prices for its N95
respirators and the web address and phone numbers that can be used to identify 3M authorized
distributors and dealers in the United States and Canada. Further information about 3M’s efforts
are set forth in the 3M press release and publication attached hereto as Exhibits 1 and 2. This
Complaint is another part of these efforts.
7.
Despite 3M’s extensive efforts during COVID-19, deplorable pandemic profiteers
continue their quests to take advantage of healthcare workers, first responders, and others in a time
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of need and trade off the fame of the 3M brand and marks. Defendant is a prime example of this
behavior.
8.
On information and belief, on or before March 26, 2020, RX2Live mobilized its
franchise network of 68 franchises located in California and 13 other states to offer 3M model no.
8210 N95 respirators supposedly “direct from 3M” to health care customers at grossly inflated
prices. To do so, RX2Live equipped franchisees with a purchase order in blank indicating that N95
respirators would be “direct from 3M” and an accompanying price list for N95 respirators likewise
indicating that 3M model no. 8210 respirators were available “direct from 3M” in large quantities
at the grossly inflated price of $4.95 per respirator (approximately 300-400% above 3M’s list price).
As RX2Live had no means to secure any respirators “direct from 3M” and no business relationship
of any kind with 3M, these representations (and any further representations based on them) were
false, deceptive, and harmful to 3M’s trademarks, goodwill, and reputation.
9.
On March 27, 2020, Virginia Cooper, who is an employee or agent of Defendant
RX2Live, contacted CMC via email to advertise PPE products available through RX2Live,
including purported 3M-brand N95 respirators. Over the next several days, Ms. Cooper perpetuated
the fraud by providing CMC with additional promotional materials, including a pricing list and a
PowerPoint presentation reflecting that both documents were last edited by a management-level
employee or agent of Defendant, Alex Myers. The PowerPoint presentation provided to CMC
advertised the availability of “3M N95 1860” surgical respirators and “3M N95 8210” standard
respirators, “Direct from 3M.” See Exhibits 3, 4. Moreover, the PowerPoint presentation stated
that a minimum order of 10 million masks was required (at grossly inflated purchase prices of $52
million for surgical masks and $49.5 million for standard masks in contrast to 3M’s list prices of
$12.7 million and $10.2-$13.1 million, respectively). The PowerPoint presentation further
indicated that “3M requires payment in full before order can be placed. Payment is held in escrow
until the order is completed.” See Exh. 4. Virtually all of these statements are false, deceptive,
and/or unlawful.
10.
Defendant is not, and never has been, an authorized distributor of any of 3M’s
products and has no rights to use 3M’s famous marks. By using 3M’s famous marks in RX2Live’s
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promotional materials and product listing, and holding itself out to have a direct supply relationship
with 3M and its products, Defendant confused and deceived consumers in the State of California
(and elsewhere) by offering for purchase products at unconscionably high prices that were
approximately 4-5 times above 3M’s list prices. This offer constituted extreme price-gouging by
any measure, including under California law (Penal Code § 396). Not only does such price-gouging
further strain the limited resources available to combat COVID-19, but such conduct justifiably has
caused public outrage which threatens imminent and irreparable harm to 3M’s brand as Defendant
and similar pandemic profiteers promote an improper association between 3M’s marks and
exploitative pricing behavior.
11.
To make matters worse, RX2Live has attempted to cover up and conceal all details
relating to all sales, marketing, and financial information involving price-gouged 3M products and
the use of the 3M brand through a written “Non-Circumvention, Non-Disclosure & Working
Agreement” that RX2Live also provided to its franchisees. The agreement purports to bar the
disclosure of the identities of anyone involved in any way in the scheme. As a consequence, the
full scope of RX2Live’s wrongdoing is unknown and likely cannot be determined in the absence
of discovery.
12.
3M does not – and will not – tolerate individuals or entities deceptively trading off
the fame and goodwill of the 3M brand and marks for their personal gain. This is particularly true
against those who seek to exploit the surge in demand for 3M-brand products during the COVID-
19 global pandemic which already has claimed tens of thousands of lives worldwide and over 1,000
lives in the State of California alone.
13.
Accordingly, to further protect consumers from confusion and mistake, to reduce
the amount of time and energy that healthcare providers and procurement officers are forced to
waste interacting with such schemes, as well as to forestall any further diminution to the 3M brand
and marks’ reputation, fame, and goodwill, Plaintiff brings this lawsuit against Defendant for
federal and state trademark infringement, unfair competition, false association, false endorsement,
false designation of origin, trademark dilution, false advertising, unlawful, unfair, and fraudulent
business acts and practices. Plaintiff also seeks preliminary and permanent injunctive relief. As
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described below, any damages, costs, or fees recovered by 3M will be donated to charitable
COVID-19 relief efforts.
THE PARTIES
14.
Plaintiff 3M Company is a Delaware corporation, with a principal place of business
and corporate headquarters located at 3M Center, St. Paul, Minnesota 55144. 3M is a diversified
technology company with a global presence and is among the leading manufacturers of products
for many of the markets it serves, including PPE such as 3M-brand N95 respirators.
15.
On information and belief, Defendant RX2Live, LLC is a Utah limited liability
company with its corporate headquarters and principal place of business located at 597 South
Pleasant Grove Boulevard, Pleasant Grove, Utah 84062. RX2Live describes itself as a franchisor
in healthcare services, which provides healthcare professionals access to products, education, and
services, including workplace and senior wellness programs. RX2Live supplies a range of PPE
products to hospitals and healthcare providers, including the counterfeit 3M-brand N95 respirators
at issue in this action, as well as other N95 respirators, surgical masks, nitrile and PVC gloves, hand
sanitizer, isolation gowns, and supposed COVID-19 test kits.
16.
On information and belief, Defendant RX2Live, Inc. is a Wyoming corporation with
its principal places of business located at 5255 West 11000 North, Suite 225, Highland, Utah 84003
and 1712 Pioneer Avenue, Suite 115, Cheyenne, Wyoming 82001. On information and belief,
Defendant RX2Live, Inc. acquired all of the assets of RX2Live, LLC on January 1, 2019.
JURISDICTION AND VENUE
17.
The claims for trademark infringement, unfair competition, false association, false
endorsement, false designation of origin, trademark dilution, and false advertising, respectively,
asserted in Counts I – IV, infra, arise under the Trademark Act of 1946 (as amended; the “Lanham
Act”), namely, 15 U.S.C. §§ 1051 et seq. Accordingly, this Court has original and subject-matter
jurisdiction over Counts I – IV pursuant to 28 U.S.C. §§ 1331, 1338(a), and 15 U.S.C § 1121(a).
18.
The claims for unlawful, unfair, and fraudulent business acts or practices and false
advertising in violation of California Business and Professions Code §§ 17200 et seq. and 17500 et
seq., trademark dilution, unfair competition, and trademark infringement, asserted in
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Counts V – VIII, infra, arise under California statutory and common law, and are so related to the
federal claims asserted in Counts I – IV, infra, that they form part of the same case or controversy.
Accordingly, this Court has supplemental jurisdiction over Counts V – VIII pursuant to 28 U.S.C.
§§ 1338(b) and 1367(a). This Court also has subject matter jurisdiction on the separate and
independent ground of diversity of citizenship pursuant to 28 U.S.C. § 1332(a). There is complete
diversity of citizenship between the parties and the amount in controversy exceeds $75,000,
exclusive of interest and costs.
19.
Defendant RX2Live has purposefully availed itself of the privilege of transacting
business within the State of California, including in this District. RX2Live has also committed and
intentionally directed tortious acts towards residents of the State of California, including in this
District. For example, RX2Live recently used 3M’s famous marks as part of a price-gouging
scheme to deceive CMC into believing that RX2Live was authorized by 3M to sell millions of 3M-
brand N95 respirators for an aggregate price of nearly $50 million – several multiples of the 3M
list price. Plaintiff’s claims arise out of and relate to RX2Live’s transaction of business and tortious
acts committed within the State of California, including in this District. Based on the foregoing,
this Court has long-arm jurisdiction over RX2Live pursuant to Cal. Code Civ. Proc. § 410.10 and
Fed. R. Civ. P. 4(k).
20.
A substantial part of the events giving rise to the claims asserted, infra, occurred in
this District. Accordingly, venue is proper in this district pursuant to 28 U.S.C. § 1391(b)(2).
21.
Defendant is subject to personal jurisdiction in this District. Accordingly, venue is
also proper in this District pursuant to 28 U.S.C. § 1391(b)(3).
FACTS COMMON TO ALL CLAIMS FOR RELIEF
I.
Plaintiff 3M
22.
3M has grown from humble beginnings in 1902 as a small-scale mining venture in
Northern Minnesota to what it is today, namely: an industry-leading provider of scientific,
technical, and marketing innovations throughout the world. Today, 3M’s portfolio includes more
than 60,000 goods and services, ranging from household and school supplies, to industrial and
manufacturing materials, to medical supplies and equipment.
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A.
The 3M Brand
23.
3M offers its vast array of goods and services throughout the world under numerous
brands, including, for example: ACE; POST-IT; SCOTCH; NEXCARE; and more.
Notwithstanding the widespread goodwill and resounding commercial success enjoyed by these
brands, 3M’s most famous and widely recognized brand is its eponymous “3M” brand.
24.
The 3M brand is associated with products and materials for a wide variety of medical
devices, supplies, PPE, including, for example: respirators; stethoscopes; medical tapes; surgical
gowns, blankets, and tape; bandages and other wound-care products; and more. As such 3M-
branded products are highly visible throughout hospitals, nursing homes, and other care facilities
where patients, care providers, and procurement officers value and rely upon the high quality and
integrity associated with the 3M brand.
B.
The Famous “3M” Marks
25.
Over the past century, 3M has invested hundreds of millions of dollars in advertising
and promoting its 3M-brand products to consumers throughout the world (including, without
limitation, its 3M-brand N95 respirator) under the standard-character mark “3M” and the inset 3M
design mark (together, the “3M Marks”):
26.
For decades, products offered by under the 3M Marks have enjoyed enormous
commercial success (including, without limitation, its 3M-brand N95 respirator). Indeed, in 2019,
alone, sales of products offered under the 3M Marks exceeded several hundred million USD.
27.
Over the same period of time, products offered under the 3M Marks have regularly
been the subject of widespread, unsolicited media coverage and critical acclaim.
28.
Based on the foregoing, consumers associate the 3M Marks uniquely with 3M and
recognize them as identifying 3M as the exclusive source of goods and services offered under the
3M Marks. Based on the foregoing, the 3M Marks have also become famous among consumers in
the United States.
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29.
To strengthen 3M’s common-law rights in and to its famous 3M Marks, 3M has
obtained numerous federal trademark registrations, including, without limitation: (i) U.S.
Trademark Reg. No. 3,398,329, which covers the standard-character 3M mark in Int. Classes 9 and
10 for, inter alia, respirators (the “‘329 Registration”), and (ii) U.S. Trademark Reg. No. 2,793,534,
which covers the 3M design mark in Int. Classes 1, 5, and 10 for, inter alia, respirators (the “‘534
Registration”). See Exhibits 5-6.
30.
The ‘329 and ‘534 Registrations are valid, in effect, and on the Principal Trademark
Register.
31.
The ‘329 and ‘534 Registrations are “incontestable” within the meaning of 15
U.S.C. § 1065. Accordingly, the ‘329 and ‘534 Registrations constitute conclusive evidence of: (i)
3M’s ownership of the 3M Marks; (ii) the validity of the 3M Marks; (iii) the validity of the
registration of the 3M Marks; and (iv) 3M’s exclusive right to use the 3M Marks throughout the
United States for, inter alia, respirators.
32.
Plaintiff’s famous 3M Marks do more than identify 3M as the exclusive source of
goods and services offered thereunder. Indeed, the famous 3M Marks also signify to consumers
that 3M-brand products offered under the 3M Marks are of the highest quality and adhere to the
strictest quality-control standards. Now, more than ever, consumers rely on the famous 3M Marks’
ability to signify that products offered under the 3M Marks are of the same high quality that
consumers have come to expect of the 3M brand over the past century.
C.
3M’s Extensive Efforts to Assist With the Battle Against COVID-19
33.
Medical professionals and first responders throughout the world are donning
extensive PPE as they place their health and safety on the line in the battle against COVID-19. As
3M states on the homepage of its website, it is “committed to getting personal protective equipment
to healthcare workers”:
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34.
Among the PPE that 3M is providing to the heroic individuals on the front lines of
the battle against COVID-19 are its 3M-brand N95 respirators.
35.
Inset, below, is an image of 3M’s branded Model 8210 respirator:
36.
Authentic N95 respirators reduce exposure to airborne biological particles and
liquid contamination when appropriately selected, fitted, and worn.
37.
Based on the exponential increase in demand for 3M-branded N95 respirators, 3M
has invested in the necessary capital and resources to double its annual production of 1.1 billion
N95 respirators. See Exhs. 1, 2. What 3M has not done in the face of the global COVID-19
pandemic is increase its prices. See id.
38.
Unfortunately, certain third parties do not share 3M’s sense of civic responsibility
during this time of crisis. Indeed, opportunistic third parties are seeking to exploit the increased
demand for 3M-branded N95 respirators by offering to sell them for exorbitant prices, selling
counterfeit versions of them, and accepting money for 3M-brand N95 respirators despite having no
product to sell or never intending to deliver the product in the first place.
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39.
Accordingly, to protect both consumers and healthcare workers on the front lines of
the COVID-19 battle from deception and inferior products, to reduce time wasted by healthcare
providers and procurement officers on scams, as well as to protect 3M’s goodwill, reputation, and
carefully curated 3M brand, 3M is working diligently with law enforcement, retail partners, and
others to combat unethical and unlawful business practices related to 3M-brand N95 respirators.
For example, in late-March 2020, 3M’s Chief Executive Offer, Mike Roman, sent a letter to U.S.
Attorney General, William Barr, and the President of the National Governor’s Association, Larry
Hogan of Maryland, to offer 3M’s partnership in combatting price-gouging. As shown in the inset
image, additional examples of 3M’s efforts to combat price-gouging, counterfeiting, and other
unlawful conduct during COVID-19 include:
a.
3M posted on its website the list price for its 3M-brand N95 respirators so that
consumers can readily identify price-gouging (See Exhibit 7);
b. 3M created a form on its website that consumers can use to report suspected
incidents of price-gouging and counterfeiting (See Exhibit 8); and
c.
3M created a fraud “hotline” that consumers can call to report suspect incidents of
price-gouging and counterfeiting.
II.
Defendant’s Unlawful Conduct
40.
Despite 3M’s extensive measures to combat price-gouging and counterfeiting of its
3M-brand N95 respirators, illicit activities by bad actors continue. Defendant is a prime example
of this unlawful behavior, which is damaging the 3M brand and public health and safety in a time
of unprecedented crisis.
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41.
According to promotional materials created and disseminated by Defendant,
Defendant purports to have millions, if not billions, of 3M’s N95 respirators available for sale to
healthcare providers and other customers throughout the United States.
42.
Because Defendant is not an authorized 3M dealer or distributor and has no
relationship with 3M, this claim is implausible at best. But still, Defendant attempted to exploit the
feelings of panic and desperation surrounding the COVID-19 public health emergency.
43.
On or before March 26, 2020, Defendant provided a purchase order form and a price
list to its franchisees as described in paragraph 8 above. Defendant instructed its franchisees to
submit all orders for products on the price list, including “Face Mask N95 #8210 direct from 3M”
to Defendant for handling. Defendant authorized, instructed, and urged its franchisees to engage
in the scheme detailed herein, sought to orchestrate those activities on a system-wide scale, and
mandated the concealment of those activities via a written contract. Defendant implemented the
scheme through direct contact with potential customers as well as over social media.
44.
For example, on March 27, 2020, Virginia Cooper contacted CMC, a prominent
Fresno-area healthcare provider, to advertise the availability of PPE products at exorbitant prices.
Ms. Cooper provided a spreadsheet listing the availability of “Face Mask N95 #8210 direct from
3M.” See Exh. 3 (excerpted below).
45.
On March 30, 2020, Ms. Cooper provided CMC with a PowerPoint presentation
containing “pictures, catalog codes, pricing and minimum requirements.” See Exh. 4. The
metadata on the pricing spreadsheet and the PowerPoint show that both documents were last
modified by Alex Myers, the Los Angeles Regional Developer for RX2Live. See Exhibit 9
(excerpted below).
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FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL,
CASE NO. 1:20-CV-00523-NONE-SAB
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46.
Defendant’s PowerPoint presentation expressly references two models of 3M-brand
N95 respirators: Model 1860 and Model 8210. The presentation, an excerpt of which is depicted
below, prominently displays a photo of a respirator bearing the 3M Mark. The presentation also
represents that the respirators are “Direct from 3M” and that “3M requires payment in full before
order can be placed. Payment is held in escrow until the order is completed.” Exh. 4, at p. 2. None
of these statements are true.
47.
The contents of Defendant’s above-referenced PowerPoint presentation are intended
to defraud, mislead and/or deceive a reasonable consumer into believing that Defendant is an
authorized distributor of 3M’s products and/or has an association or affiliation with 3M, which is
not the case. Defendant does not, and never has, represented 3M, and 3M has never authorized
Defendant or any other affiliates, agents, employees, or franchisees of Defendant to manufacture,
distribute, advertise, market, offer for sale, receive payments on 3M’s behalf, escrow funds on 3M’s
behalf, and/or sell 3M-brand N95 respirators.
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CASE NO. 1:20-CV-00523-NONE-SAB
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48.
What is more, in an effort to profit from the public’s dire need of PPE during the
global COVID-19 pandemic, Defendant’s quote of $5.20 per 3M brand, N95 Model 1860 respirator
is more than quadruple 3M’s posted list price of $1.27 per respirator. See Exhs. 4, 7.
49.
Defendant’s quote of $4.95 per 3M brand, N95 Model 8210 respirator is
approximately 4-5 times 3M’s posted list price of $1.02-$1.31 per respirator. See id.
50.
Defendant understands that the scheme it undertook was wrong. This is evident
from early efforts to conceal the activities via the “Non-Circumvention, Non-Disclosure &
Working Agreement” that Defendant provided to its franchisee network for use in conjunction with
activities involving 3M N95 respirators and a long list of other products. Furthermore, one business
day after this action was filed, Defendant instructed its franchisees “to discontinue all sales activity
of 3M masks.” There is no way to know if Defendant or its nationwide network of franchisees
have actually discontinued their sales and marketing activities involving the 3M brand.
51.
Based on the foregoing, 3M seeks relief against Defendant for federal and state
trademark infringement, unfair competition, false association, false endorsement, false designation
of origin, trademark dilution, false advertising, and unlawful, unfair, and fraudulent business acts
and practices.
CLAIMS FOR RELIEF
FIRST CLAIM FOR RELIEF
(Trademark Infringement Under Section 32(1) of the Lanham Act, 15 U.S.C. § 1114(1))
(Infringement of the Federally Registered 3M Marks)
52.
3M repeats and incorporates by reference the statements and allegations in
paragraphs 1 – 51 of the Complaint as though set forth fully herein
53.
Count I is a claim for trademark infringement under 15 U.S.C. § 1114.
54.
3M is the exclusive owner of each of the federally registered 3M Marks.
55.
3M has the exclusive right to use each of the 3M Marks in United States commerce
for, inter alia, advertising, promoting, offering for sale, and selling Plaintiff’s 3M-brand N95
respirators.
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Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 15 of 87
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FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL,
CASE NO. 1:20-CV-00523-NONE-SAB
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56.
3M’s exclusive rights in and to each of the 3M Marks predate any rights that
Defendant could establish in and to any mark that consists of “3M” in whole and/or in part.
57.
Both of the 3M Marks are fanciful and/or arbitrary when used for respirators and,
therefore, are inherently distinctive.
58.
Both of the 3M Marks identify 3M as the exclusive source of products offered under
the 3M Marks (including, without limitation, 3M-brand N95 respirators) and, therefore, the 3M
Marks have acquired distinctiveness.
59.
Defendant is using the 3M Marks in commerce to advertise, promote, offer for sale,
and sell 3M-branded N95 respirators, including, for example, in communications to healthcare
providers listing the products that Defendant purportedly has available for sale.
60.
Defendant’s use of the 3M Marks in commerce on, for, and/or in connection with
the advertising, promotion, offering for sale, and/or sale of products, as alleged, herein, is causing,
and is likely to continue to cause, consumer confusion, mistake, and/or deception about whether
Defendant is 3M, and/or whether Defendant is a licensee, authorized distributor, and/or affiliate of
3M and/or products that 3M offers under its 3M Marks, including, without limitation, 3M-brand
N95 respirators.
61.
Defendant’s use of the 3M Marks in commerce on, for, and/or in connection with
the advertising, promotion, offering for sale, and/or sale of products, as alleged, herein, is causing,
and is likely to continue cause, consumer confusion, mistake, and/or deception about whether
Defendant and/or Defendant’s products are affiliated, connected, and/or associated with 3M and/or
products that 3M offers under its 3M Marks, including, without limitation, 3M-brand N95
respirators.
62.
Defendant’s use of the 3M Marks in commerce on, for, and/or in connection with
the advertising, promotion, offering for sale, and/or sale of products, as alleged, herein is causing,
and is likely to continue to cause, consumer confusion, mistake, and/or deception about whether
Defendant and/or Defendant’s products originate with, and/or are sponsored or approved by, and/or
offered under a license from, 3M or vice versa.
63.
3M has not consented to the use of its famous 3M Marks by Defendant.
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FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL,
CASE NO. 1:20-CV-00523-NONE-SAB
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64.
Based on 3M’s longstanding and continuous use of its 3M Marks in United States
commerce, as well as the federal registration of the 3M Marks, Defendant had actual and
constructive knowledge of 3M’s superior rights in and to the 3M Marks when Defendant began
using the 3M Marks as part its bad-faith scheme to confuse and deceive consumers, as alleged,
herein.
65.
Upon information and belief, Defendant adopted and used the 3M Marks in
furtherance of Defendant’s willful, deliberate, and bad-faith scheme of trading upon the extensive
consumer goodwill, reputation, fame, and commercial success of products that 3M offers under its
3M Marks, including, without limitation, 3M-brand N95 respirators.
66.
Upon information and belief, Defendant has made, and will continue to make,
substantial profits and gain from its unauthorized use of the 3M Marks, to which Defendant is not
entitled at law or in equity.
67.
Upon information and belief, Defendant’s acts and conduct complained of herein
constitute trademark infringement in violation of 15 U.S.C. § 1114(a).
68.
3M has suffered, and will continue to suffer, irreparable harm from Defendant’s acts
and conduct complained of herein, unless restrained by law. The damage suffered by 3M is
exacerbated by the fact that Defendant is advertising and offering for sale 3M-branded N95
respirators at exorbitantly inflated prices during a global pandemic when 3M’s products are
necessary to protect public health. Such conduct has inspired intense public criticism of the manner
in which 3M’s respirators are being distributed and sold during the COVID-19 pandemic and
significant confusion about 3M’s role in the marketplace for masks that are essential to
safeguarding public health. Whereas 3M’s corporate values and brand image center around the
application of science to improve lives, Defendant’s conduct imminently and irreparably harms
3M’s brand.
69.
3M has no adequate remedy at law.
/ / /
/ / /
/ / /
Case 1:20-cv-00523-NONE-SAB Document 8 Filed 04/19/20 Page 16 of 27
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FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL,
CASE NO. 1:20-CV-00523-NONE-SAB
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SECOND CLAIM FOR RELIEF
(Unfair Competition, False Endorsement, False Association, and False Designation of Origin
Under Section 43(a)(1)(A) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(A))
(Use of the 3M Marks)
70.
3M repeats and incorporates by reference the statements and allegations in
paragraphs 1 – 69 of the Complaint as set forth fully herein.
71.
Count II is a claim for federal unfair competition, false endorsement, false
association, and false designation of origin under 15 U.S.C. § 1125(a)(1)(A).
72.
Upon information and belief, Defendant’s acts and conduct complained of herein
constitute unfair competition, false endorsement, false association, and/or false designation of
origin in violation of 15 U.S.C. § 1125(a)(1)(A).
73.
Upon information and belief, Defendant’s use of Plaintiff’s famous 3M Marks to
advertise, market, offer for sale, and/or sell purported 3M-brand N95 respirators to consumers at
exorbitant prices, in general, and during a global pandemic such as COVID-19, specifically, also
constitutes unfair competition in violation of 15 U.S.C. § 1125(a)(1)(A).
74.
Defendant has also falsely held itself out to be an agent of and/or authorized by 3M
to sell and/or distribute 3M-branded products, when this is not the case.
75.
3M has suffered, and will continue to suffer, irreparable harm from Defendant’s acts
and conduct complained of herein, unless restrained by law.
76.
3M has no adequate remedy at law.
THIRD CLAIM FOR RELIEF
(Trademark Dilution Under Section 43(c) of the Lanham Act, 15 U.S.C. § 1125(c))
(Dilution of the Famous 3M Marks)
77.
3M repeats and incorporates by reference the statements and allegations in
paragraphs 1 – 76 of the Complaint as though set forth fully herein.
78.
Count III is a claim for federal trademark dilution under 15 U.S.C. § 1125(c).
Case 1:20-cv-00523-NONE-SAB Document 8 Filed 04/19/20 Page 17 of 27
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 18 of 87
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FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL,
CASE NO. 1:20-CV-00523-NONE-SAB
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79.
The 3M Marks were famous before and at the time Defendant began using the 3M
Marks in commerce on, for, and/or in connection with the advertising, promotion, offering for sale,
and/or sale of products (including, without limitation, 3M’s branded N95 respirators).
80.
Defendant’s use of Plaintiff’s famous 3M Marks in commerce on, for, and/or in
connection with the advertising, promotion, offering for sale, and/or sale of products (including,
without limitation, 3M’s branded N95 respirators) is likely to dilute the distinctive quality of the
famous 3M Marks, such that the famous 3M Marks’ established selling power and value will be
whittled away.
81.
Defendant’s use of Plaintiff’s famous 3M Marks in commerce on, for, and/or in
connection with the advertising, promotion, offering for sale, and/or sale of products (including,
without limitation, 3M’s branded N95 respirators) is likely to dilute the distinctive quality of the
famous 3M Marks, such that the famous 3M Marks’ ability to identify 3M as the exclusive source
of products offered under the 3M Marks (including, without limitation, 3M’s branded N95
respirators) will be whittled away.
82.
Defendant’s use of Plaintiff’s famous 3M Marks in commerce on, for, and/or in
connection with the advertising, promotion, offering for sale, and/or sale of products (including,
without limitation, 3M’s branded N95 respirators) at exorbitant prices, in general, and during a
global pandemic such as COVID-19, specifically is likely to dilute the reputation of the famous 3M
Marks, such that the famous 3M Marks’ established ability to indicate the superior quality of
Products offered under such Marks (including, without limitation, 3M’s branded N95 respirators),
will be whittled away.
83.
Upon information and belief, Defendant’s acts and conduct complained of herein
constitute trademark dilution in violation of 15 U.S.C. § 1125(c).
84.
3M has suffered, and will continue to suffer, irreparable harm from Defendant’s acts
and conduct complained of herein, unless restrained by law. The damage suffered by 3M is
exacerbated by the fact that Defendant is advertising and offering for sale 3M-branded N95
respirators at exorbitantly inflated prices during a global pandemic when 3M’s products are
necessary to protect public health. Such conduct has inspired intense public criticism of the manner
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FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL,
CASE NO. 1:20-CV-00523-NONE-SAB
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in which 3M’s respirators are being distributed and sold during the COVID-19 pandemic and
significant confusion about 3M’s role in the marketplace for masks that are essential to
safeguarding public health. Whereas 3M’s corporate values and brand image center around the
application of science to improve lives, Defendant’s conduct imminently and irreparably harms
3M’s brand.
85.
3M has no adequate remedy at law.
FOURTH CLAIM FOR RELIEF
(False Advertising Under Section 43(a)(1)(B) of the Lanham Act, 15 U.S.C. § 1125(a)(1)(B))
(Defendant’s March 26 Instructions to Franchisees, and March 27 and 30 Emails)
86.
3M repeats and incorporates by reference the statements and allegations in
paragraphs 1 – 85 of the Complaint as though set forth fully herein.
87.
Count IV is a claim for false and deceptive advertising under 15 U.S.C. §
1125(a)(1)(B).
88.
The statements that Defendant made in its March 26 instructions to franchisees,
March 27 and March 30 emails with CMC, and the PowerPoint presentation and pricing list
provided to CMC, constitute commercial advertising and/or commercial promotion.
89.
The statements that Defendant made in its March 26 instructions to franchisees,
March 27 and March 30 emails with CMC, and the PowerPoint presentation and pricing list
provided to CMC, contained false, misleading, and/or deceptive statements about the nature,
characteristics, qualities, and/or geographic origin of Defendant and/or the products that Defendant
allegedly had available for sale.
90.
The statements that Defendant made in its March 26 instructions to franchisees,
March 27 and March 30 emails with CMC, and the PowerPoint presentation and pricing list
provided to CMC, contained false, misleading, and/or deceptive statements about the nature,
characteristics, qualities, and/or geographic origin of 3M and the 3M-brand products, including,
without limitation, 3M’s branded N95 respirators.
Case 1:20-cv-00523-NONE-SAB Document 8 Filed 04/19/20 Page 19 of 27
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 20 of 87
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FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL,
CASE NO. 1:20-CV-00523-NONE-SAB
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91.
The false, misleading, and/or deceptive statements in Defendant’s March 26
instructions to franchisees, March 27 and March 30 emails, PowerPoint presentation, and pricing
list were material to CMC’s purchasing decisions.
92.
Defendant placed the March 26 instructions to franchisees, March 27 and March 30
emails, PowerPoint presentation, and pricing list into interstate commerce by, inter alia, sending
them to CMC
93.
Defendant’s March 27 and March 30 emails, PowerPoint presentation, and pricing
list have directly and/or proximately caused and/or are likely to cause 3M to suffer harm in the
form of lost sales (including, without limitation, lost sales of 3M’s branded N95 respirators), as
well as irreparable diminution to the 3M brand and 3M Marks’ reputation, fame, and goodwill.
94.
Upon information and belief, Defendant’s acts and conduct complained of herein
constitute false advertising in violation of 15 U.S.C. § 1125(a)(1)(B).
95.
3M has suffered, and will continue to suffer, irreparable harm from Defendant’s acts
and conduct complained of herein, unless restrained by law. The damage suffered by 3M is
exacerbated by the fact that Defendant is advertising and offering for sale 3M-branded N95
respirators at exorbitantly inflated prices during a global pandemic when 3M’s products are
necessary to protect public health. Such conduct has inspired intense public criticism of the manner
in which 3M’s respirators are being distributed and sold during the COVID-19 pandemic and
significant confusion about 3M’s role in the marketplace for masks that are essential to
safeguarding public health. Whereas 3M’s corporate values and brand image center around the
application of science to improve lives, Defendant’s conduct imminently and irreparably harms
3M’s brand.
96.
3M has no adequate remedy at law.
/ / /
/ / /
/ / /
/ / /
/ / /
Case 1:20-cv-00523-NONE-SAB Document 8 Filed 04/19/20 Page 20 of 27
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FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL,
CASE NO. 1:20-CV-00523-NONE-SAB
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FIFTH CLAIM FOR RELIEF
(Trademark Dilution, Cal. Bus. Prof. Code §§ 14247)
(Dilution of the Famous 3M Marks)
97.
3M repeats and incorporates by reference the statements and allegations in
paragraphs 1 – 96 of the Complaint as though set forth fully herein, including, but not limited to
the Third Claim for Relief above.
98.
Count V is for trademark dilution under California Business and Professions Code
§ 14247.
99.
Upon information and belief, Defendant’s acts and conduct complained of herein
constitute trademark dilution under California Business and Professions Code § 14247.
100.
3M has suffered, and will continue to suffer, irreparable harm from Defendant’s acts
and conduct complained of herein, unless restrained by law..
101.
3M has no adequate remedy at law.
SIXTH CLAIM FOR RELIEF
(Unfair Competition, Cal. Bus. Prof. Code §§ 17200 et seq.)
(Price-Gouging and False Advertising of 3M-branded Products)
102.
3M repeats and incorporates by reference the statements and allegations in
paragraphs 1 – 101 of the Complaint as though set forth fully herein.
103.
Count VI is for unfair competition in violation of California Business and
Professions Code § 17200 et seq.
104.
On March 4, 2020, California Governor Gavin Newsome declared a state of
emergency to exist in California in response to COVID-19.
105.
That same day, California Attorney General Xavier Becerra issued a price-gouging
alert reminding all Californians that, under Penal Code § 396, price-gouging is illegal in all
California communities during the declared state of emergency.
106.
On March 12, 2020, Governor Newsome issued an executive order further
enhancing the ability of the California state and local government’s ability to respond to COVID-
19.
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FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL,
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107.
On information and belief, Defendant sold or offered to sell consumer goods,
emergency supplies, and medical supplies (including, but not limited to 3M’s branded N95
respirators) for a price of more than 10 percent greater than the price charged by Defendant for
those goods prior to the proclamation or declaration of emergency, in violation of Penal Code § 396.
108.
Defendant’s violation of Penal Code § 396 constitutes an unlawful business practice
and an act of unfair competition within the meaning of California Business & Professions Code
§ 17200 et seq. It is also a crime under California law.
109.
Defendant’s unauthorized use in commerce of the 3M Marks is also likely to cause
consumer confusion or mistake or to deceive consumers into believing that Defendant’s products
and/or services are sponsored by, endorsed by, or originate from 3M or are otherwise connected or
affiliated with or approved by 3M, thereby causing loss, damage, and injury to 3M and to the
purchasing public, constituting unlawful, unfair, and fraudulent business practices in violation of
California Business & Professions Code § 17200 et seq.
110.
Defendant’s marketing and advertisement of products with the 3M Marks and as
coming “Direct from 3M” in the United States, as alleged herein, was intended to and did mislead
3M’s customers and consumers to believe that such products were manufactured or distributed by,
or authorized for manufacture or distribution by, 3M, in violation of California Business &
Professions Code § 17500.
111.
This conduct, together with Defendant’s other acts alleged herein constitute unfair,
unlawful, and fraudulent business acts and practices under California Business and Professions
Code § 17200, because such acts are forbidden by various state and federal laws and are
unscrupulous, unfair, and injurious to 3M. Defendant’s acts have irreparably damaged 3M and the
consuming public and will continue to do so unless restrained by this Court, and 3M is without an
adequate remedy at law.
112.
As a result of Defendant’s wrongful conduct, 3M is entitled to, among other relief,
an order enjoining and restraining Defendant from diverting, distributing, and selling the 3M-
branded products and restoring to 3M any funds that were wrongfully collected by Defendant so
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FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL,
CASE NO. 1:20-CV-00523-NONE-SAB
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that those funds may be donated to a COVID-19 charitable organization(s)/cause(s) of 3M’s
choosing.
SEVENTH CLAIM FOR RELIEF
(False Advertising, Cal. Bus. Prof. Code §§ 17500 et seq.)
(False Advertising of 3M-branded Products)
113.
3M repeats and incorporates by reference the statements and allegations in
paragraphs 1 – 112 of the Complaint as though set forth fully herein.
114.
Count VII is for false advertising in violation of California Business and Professions
Code § 17500 et seq.
115.
As alleged herein, Defendant has engaged in and continue to engage in violations of
California Business and Professions Code § 17500 by making or disseminating untrue or
misleading statements, with the intent to induce the purchase of 3M-branded N95 respirators, when
Defendant knew or by the exercise of reasonable care should have known the statements were
untrue, misleading, and likely to deceive the reasonable consumer and the public. Defendant’s
untrue or misleading representations include, but are not limited to the following:
a.
Representing that Defendant was an agent of and/or authorized by 3M to sell and/or
distribute 3M-branded products.
b. Representing that Defendant could supply 3M-branded N95 respirators “Direct from
3M.”
c.
Representing that “3M requires payment in full before order can be placed.”
d. Representing that “Payment is held in escrow until the order is completed.”
e.
Representing that Defendant had available for sale millions, if not billions, of 3M-
branded N95 respirators and that the minimum order was 10 million units.
116.
Such statements are untrue, false, and misleading because 3M has not authorized
the use or direct sale of its 3M-branded products by Defendant. Likewise, 3M never authorized
Defendant to accept deposits or payments on 3M’s behalf or to hold any such funds in escrow.
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FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL,
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Defendant knew, or by the exercise of reasonable care should have known at the
time of making the statements, or causing the statements to be made, that it was untrue or
misleading to hold itself out as an authorized distributor of 3M’s branded N95 respirators.
118.
Defendant engaged in the false and/or misleading advertising and marketing of the
3M-branded N95 respirators, as alleged herein, with the intent to directly or indirectly induce
consumers to purchase those respirators.
119.
Had Defendant truthfully advertised that it was not authorized to sell 3M-branded
products, consumers would not have purchased the products or would have purchased a different
product from another manufacturer or distributor.
120.
This false and misleading advertising of 3M-branded products by Defendant
presents a continuing threat to consumers, as such conduct is ongoing to this day.
121.
As a direct and proximate result of the aforementioned acts and omissions by
Defendant, Defendant received and continue to hold monies rightfully belonging to 3M.
EIGHTH CLAIM FOR RELIEF
(Unfair Competition and Trademark Infringement under California Common Law)
(Use of the 3M Marks)
122.
3M repeats and incorporates by reference the statements and allegations in
paragraphs 1 – 121 of the Complaint as though set forth fully herein.
123.
Count VIII is for unfair competition and trademark infringement under California
common law.
124.
Upon information and belief, Defendant’s acts and conduct complained of herein
constitute unfair competition and trademark infringement in violation of California common law.
125.
3M has suffered, and will continue to suffer, irreparable harm from Defendant’s acts
and conduct complained of herein, unless restrained by law.
126.
3M has no adequate remedy at law.
/ / /
/ / /
/ / /
Case 1:20-cv-00523-NONE-SAB Document 8 Filed 04/19/20 Page 24 of 27
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 25 of 87
- 24 -
FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL,
CASE NO. 1:20-CV-00523-NONE-SAB
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PRAYER FOR RELIEF
WHERFORE, based on Defendant’s conduct complained of, herein, Plaintiff asks this
Court:
A.
To enter an Order, finding in Plaintiff’s favor on each Claim for Relief asserted
herein;
B.
Pursuant to 15 U.S.C. § 1116:
1. To preliminarily and permanently enjoin Defendant, its agents, servants, employees,
officers and all persons and entities in active concert and participation with them from using the
3M Marks (or any other mark(s) confusingly similar thereto) for, on, and/or in connection with the
manufacture, distribution, advertising, promoting, offering for sale, and/or sale of any goods or
services, including, without limitation, 3M-brand N95 respirator Marks;
2. To preliminarily and permanently enjoin Defendant, its agents, servants, employees,
officers and all persons and entities in active concert and participation with them from falsely
representing themselves as being distributors, authorized retailers, and/or licensees of 3M and/or
any of 3M’s products (including, without limitation, 3M-brand N95 respirator) and/or otherwise
falsely representing to have an association or affiliation with, sponsorship by, and/or connection
with, 3M and/or any of 3M’s products; and
3. To order Defendant to file with the Court and serve upon Plaintiff’s counsel, within
30 days after service of the order of injunction, a report in writing under oath setting forth in detail
the manner and form in which Defendant has complied with the injunction;
C.
Pursuant to 15 U.S.C. § 1117:
1. To order Defendant to provide 3M with a full accounting of all manufacture,
distribution and sale of products under the 3M Marks (including, without limitation, 3M-brand N95
respirators), as well as all profits derived therefrom;
2. To order Defendant to disgorge and pay to 3M – so as to be donated charitably
pursuant to subpart H, infra – all of Defendant’s profits derived from the sale of infringing goods
offered under the 3M Marks (including, without limitation, 3M-brand N95 respirators);
Case 1:20-cv-00523-NONE-SAB Document 8 Filed 04/19/20 Page 25 of 27
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 26 of 87
- 25 -
FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL,
CASE NO. 1:20-CV-00523-NONE-SAB
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3. To award 3M – so as to be donated charitably pursuant to subpart H, infra – treble
damages in connection with Defendant’s infringement of the 3M Marks;
4. To find that Defendant’s acts and conduct complained of herein render this case
“exceptional”; and
5. To award 3M – so as to be donated charitably pursuant to subpart H, infra – its costs
and reasonable attorneys’ fees incurred in this matter;
D.
Pursuant to 15 U.S.C. § 1118, to order the destruction of all unauthorized goods and
materials within the possession, custody, and control of Defendant that bear, feature, and/or contain
any copy or colorable imitation of 3M’s Marks;
E.
To award restitution as authorized by law;
F.
To award Plaintiff pre-judgment and post-judgment interest against Defendant;
G.
To award Plaintiff such other relief that the Court deems just and equitable;
H.
To order that all monetary payments awarded to Plaintiff be donated to a COVID-
19 charitable organization(s)/cause(s) of Plaintiff’s choosing.
DEMAND FOR JURY TRIAL
Plaintiff requests a trial by jury for all issues so triable pursuant to Fed. R. Civ. P. 38(b)
and 38(c).
Case 1:20-cv-00523-NONE-SAB Document 8 Filed 04/19/20 Page 26 of 27
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 27 of 87
- 26 -
FIRST AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL,
CASE NO. 1:20-CV-00523-NONE-SAB
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Dated: April 19, 2020
MAYER BROWN LLP
By: /s/ Carmine R. Zarlenga
Carmine R. Zarlenga (pro hac vice)
czarlenga@mayerbrown.com
1999 K Street, N.W.
Washington, DC 20006-1101
Telephone:
(202) 263-3000
Facsimile:
(202) 263-3300
Dale Giali
dgiali@mayerbrown.com
Keri E. Borders
kborders@mayerbrown.com
350 South Grand Avenue, 25th Floor
Los Angeles, CA 90071-1503
Telephone:
(213) 229-9500
Facsimile:
(213) 625-0248
Attorneys for Plaintiff 3M Company
Case 1:20-cv-00523-NONE-SAB Document 8 Filed 04/19/20 Page 27 of 27
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 28 of 87
EXHIBIT 1
Case 1:20-cv-00523-NONE-SAB Document 8-1 Filed 04/19/20 Page 1 of 3
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 29 of 87
Published on 3M News | United States (https://news.3m.com) on 4/6/20 5:58 pm CDT
3M and the Trump Administration Announce Plan to
Import 166.5 Million Additional Respirators into the
United States over the Next Three Months
Release Date:
Monday, April 6, 2020 5:58 pm CDT
Terms:
Company (English)
Dateline City:
ST. PAUL, Minn.
Imports to supplement the 35 million N95 respirators 3M currently
produces in U.S. per month
ST. PAUL, Minn.--(BUSINESS WIRE)--Today 3M and the Trump Administration are announcing a plan to import 166.5 million
respirators over the next three months to support healthcare workers in the United States. 3M and the Administration
worked together to ensure that this plan does not create further humanitarian implications for countries currently fighting
the COVID-19 outbreak, and committed to further collaborate to fight price gouging and counterfeiting.
“I want to thank President Trump and the Administration for their leadership and collaboration,” said 3M chairman and CEO
Mike Roman. “We share the same goals of providing much-needed respirators to Americans across our country and
combating criminals who seek to take advantage of the current crisis. These imports will supplement the 35 million N95
respirators we currently produce per month in the United States.”
“Given the reality that demand for respirators outpaces supply, we are working around the clock to further expand our
capacity, while prioritizing and redirecting our supplies to serve the most critical areas,” Roman continued. “We’ll continue to
do all we can to protect our heroic healthcare workers and first responders, and I want to thank our 96,000 3Mers for your
tireless efforts – including those in our plants and distribution centers around the world.”
3M will import 166.5 million respirators over the next three months primarily from its manufacturing facility in China, starting in
April. The Administration is committed to working to address and remove export and regulatory restrictions to enable this
plan. The plan will also enable 3M to continue sending U.S. produced respirators to Canada and Latin America, where 3M is the
primary source of supply.
As a global company, 3M has manufacturing operations around the world to serve local and regional markets. As the
pandemic unfolds in different stages around the world, 3M will continue to work with governments to direct respirators and
other supplies to serve areas most in need.
Beginning in January, 3M ramped up production of N95 respirators and doubled its global output to 1.1 billion per year –
including the 35 million a month in the United States. 3M has already put into motion additional investments and actions that
will enable it to double its capacity again to 2 billion globally within 12 months, with additional capacity to begin coming online
in the next 60 to 90 days. In the United States, for example, 3M expects to be producing N95 respirators at a rate of 50
million per month in June, a 40 percent increase from current levels.
Last week 3M announced additional actions to address price gouging and counterfeit activity related to its respirators. 3M
has not changed the prices it charges for respirators, and will take decisive action against those seeking to take illegal and
unethical advantage of the COVID-19 outbreak.
Forward-Looking Statements
This news release contains forward-looking information about 3M's financial results and estimates and business prospects
that involve substantial risks and uncertainties. You can identify these statements by the use of words such as "anticipate,"
"estimate," "expect," "aim," "project," "intend," "plan," "believe," "will," "should," "could," "target," "forecast" and other words
and terms of similar meaning in connection with any discussion of future operating or financial performance or business plans
or prospects. Among the factors that could cause actual results to differ materially are the following: (1) worldwide
economic, political, regulatory, capital markets and other external conditions and other factors beyond the Company's
control, including natural and other disasters or climate change affecting the operations of the Company or its customers
and suppliers; (2) risks related to public health crises such as the global pandemic associated with the coronavirus (COVID-
19); (3) liabilities related to certain fluorochemicals, including lawsuits concerning various PFAS-related products and
chemistries, and claims and governmental regulatory proceedings and inquiries related to PFAS in a variety of jurisdictions; (4)
legal proceedings, including significant developments that could occur in the legal and regulatory proceedings described in
the Company's Annual Report on Form 10-K for the year ended Dec. 31, 2019, and any subsequent quarterly reports on Form
10-Q (the “Reports”); (5) competitive conditions and customer preferences; (6) foreign currency exchange rates and
fluctuations in those rates; (7) the timing and market acceptance of new product offerings; (8) the availability and cost of
purchased components, compounds, raw materials and energy (including oil and natural gas and their derivatives) due to
shortages, increased demand or supply interruptions (including those caused by natural and other disasters and other
Case 1:20-cv-00523-NONE-SAB Document 8-1 Filed 04/19/20 Page 2 of 3
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 30 of 87
Ticker: MMM
Exchange: NYSE
events); (9) unanticipated problems or delays with the phased implementation of a global enterprise resource planning (ERP)
system, or security breaches and other disruptions to the Company's information technology infrastructure; (10) the impact
of acquisitions, strategic alliances, divestitures, and other unusual events resulting from portfolio management actions and
other evolving business strategies, and possible organizational restructuring; (11) operational execution, including scenarios
where the Company generates fewer productivity improvements than estimated; (12) financial market risks that may affect
the Company’s funding obligations under defined benefit pension and postretirement plans; and (13) the Company's credit
ratings and its cost of capital. Changes in such assumptions or factors could produce significantly different results. A further
description of these factors is located in the Reports under "Cautionary Note Concerning Factors That May Affect Future
Results" and "Risk Factors" in Part I, Items 1 and 1A (Annual Report) and in Part I, Item 2 and Part II, Item 1A (Quarterly
Reports), as updated by applicable Current Reports on Form 8-K. The information contained in this news release is as of the
date indicated. The Company assumes no obligation to update any forward-looking statements contained in this news
release as a result of new information or future events or developments.
About 3M
At 3M, we apply science in collaborative ways to improve lives daily. With $32 billion in sales, our 96,000 employees connect
with customers all around the world. Learn more about 3M’s creative solutions to the world’s problems at www.3M.com or on
Twitter @3M or @3MNews.
Language:
English
Contact:
Jennifer Ehrlich
651-733-8805
Ticker Slug:
Source URL: https://news.3m.com/press-release/company-english/3m-and-trump-administration-announce-plan-import-1665-
million-addition
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EXHIBIT 2
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EXHIBIT 3
Case 1:20-cv-00523-NONE-SAB Document 8-3 Filed 04/19/20 Page 1 of 3
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 42 of 87
1
From:
Virginia Cooper <vcooper.rx2live@gmail.com>
Sent:
Friday, March 27, 2020 1:44 PM
To:
Tiffani Quinto
Subject:
PPE products
Attachments:
Copy of COVID PPE Products-Price List.xlsx
Tiffany,
Please see attached the PPE products that are available through RX2LIVE. Please reach out with any additional
questions and I will do my best to answer them or get them answered as swiftly as possible.
CAUTION: **EXTERNAL EMAIL** Do NOT click links or open attachments unless you recognize the sender and
Case 1:20-cv-00523-NONE-SAB Document 8-3 Filed 04/19/20 Page 2 of 3
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 43 of 87
RX2Live
ITEM #
MIN. QTY /
unit
UNIT PRICE per
each piece unless noted
00A
10,000,000 ea.
4.95
$
001
100,000 ea.
3.89
$
001A
20,000 ea.
TBD
002
100,000 ea.
1.99
$
003
100,000 ea.
0.52
$
004
100,000 ea.
0.76
$
005
100,000 ea.
0.39
$
006
10,000 ea.
56.25
$
007
10,000 ea.
14.10
$
008
10,000 ea.
11.00
$
009
3,000 cartons
68.00
$
price per
carton
010
3,000 cartons
47.00
$
price per
carton
011
5,000 cartons
6.00
$
012
100,000 cartons
9.75
$
013
100,000 cartons
2.70
$
014
100,000 cartons
2.80
$
015
100,000 cartons
2.80
$
016
100,000 cartons
4.80
$
016A
100 cases
5.80
$
017
10,000 cartons
19.75
$
018
10,000 cartons
49.99
$
*Information about quantities in each carton or case will be coming.
Hand Sanitizer- Antibacterial 75% alcohol / 100ml (CE)
Hand Sanitizer- Antibacterial 75% alcohol / 500ml (CE)
Hand Sanitizer- Antibacterial 75% alcohol / 55ml (SDS)
COVID-19 IgG/IgM Detection (CE)
Thermometer-Infrared (CE)
Personal Protective Equipment Product/Price List 3-26-2020
DESCRIPTION
Nitrile Gloves - powder free (CE, FDA)
PVC Gloves - powder free (CE, FDA)
Medical Face Shield (CE, FDA)
Face Mask N95 #8210 direct from 3M
Face Mask N95 (CE, FDA)
Face Mask N95 (CE, FDA)
Face Mask KN95 (CE)
Glasses/Goggles 3m Anti-mist (CE, FDA)
Hand Sanitizer- Antibacterial 75% alcohol / 55ml (CE)
Hand Sanitizer- Antibacterial 75% alcohol / 100g (CE)
Face Mask Medical - disposable (CE)
Face Mask-Surgical - disposable (CE, FDA)
Face Mask Daily - disposable (CE)
Isolation Gown - Hospital ICU (CE)
Isolation Gown - Hospital Normal (CE)
Daily Protective Gown (CE)
Case 1:20-cv-00523-NONE-SAB Document 8-3 Filed 04/19/20 Page 3 of 3
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EXHIBIT 4
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 1 of 23
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 45 of 87
1
From:
Virginia Cooper <vcooper.rx2live@gmail.com>
Sent:
Monday, March 30, 2020 4:01 PM
To:
Tiffani Quinto
Subject:
Here is the latest PPE update that I have been given.
Attachments:
PPE Product List - pictures 3-26-20 (1).pptx
Attached are pictures, catalog codes, pricing and minimum requirements.
Virginia Cooper
CAUTION: **EXTERNAL EMAIL** Do NOT click links or open attachments unless you recognize the sender and
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 2 of 23
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 46 of 87
#01860
3M N95 1860
Direct from 3M
Minimum Order 10 million
3M requires payment in full before order can be
placed. Payment is held in escrow until the
order is completed
$5.20 ea
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 3 of 23
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 47 of 87
#08210
3M N95 8210
Direct from 3M
Minimum Order 10 million
3M requires payment in full before order can be
placed. Payment is held in escrow until the
order is completed
$4.95 ea
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 4 of 23
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#001
N95
CE, FDA
Minimum Order 100,000
$2.99 ea
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 5 of 23
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 49 of 87
#002
KN95
CE
Minimum Order 100,000
$1.99 ea
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 6 of 23
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 50 of 87
#003
Medical Face Masks - Disposable
CE
Minimum Order 100,000
$0.52 ea
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 7 of 23
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 51 of 87
#004
Surgical Masks - Disposable
(Ethylene Oxide Sterile)
CE, FDA
Minimum Order 100,000
$0.76 ea
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 8 of 23
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 52 of 87
#005
Daily Protective Face Mask - Disposable
CE, FDA
Minimum Order 100,000
$0.39 ea
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 9 of 23
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 53 of 87
#006
Isolation Gowns - Hospital ICU Use
CE
Minimum Order 10,000
$56.25 ea
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 10 of 23
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 54 of 87
#007
Isolation Gowns - Hospital Normal Use
CE
Minimum Order 10,000
$14.10 ea
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 11 of 23
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 55 of 87
#008
Daily Protective Gowns
CE
Minimum Order 10,000
$11.00 ea
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 12 of 23
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 56 of 87
#009
Nitrile Gloves – Powder Free
CE, FDA
Minimum Order 3,000 Cartons
$68/carton
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 13 of 23
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 57 of 87
#010
PVC Gloves – Powder Free
CE, FDA
Minimum Order 3,000 Cartons
$47/carton
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 14 of 23
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#011
Medical Face Shield
CE, FDA
Minimum Order 5,000 Shields
$6.00
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 15 of 23
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 59 of 87
#012
3M Protective Anti-Mist Glasses
CE, FDA
Minimum Order 100,000 Cartons
$9.75
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 16 of 23
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 60 of 87
#013
Antibacterial Instant Hand Sanitizer
– 75% Alcohol
CE
Minimum Order 100,000 Cartons
$2.70
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 17 of 23
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#014
Antibacterial Instant Hand Sanitizer
– 75% Alcohol
CE
Minimum Order 100,000 Cartons
$2.80
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 18 of 23
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#015
Antibacterial Instant Hand Sanitizer
– 75% Alcohol
CE
Minimum Order 100,000 Cartons
$2.80
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 19 of 23
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 63 of 87
#016
Antibacterial Instant Hand Sanitizer
– 75% Alcohol
CE
Minimum Order 100,000 Cartons
$4.80
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 20 of 23
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 64 of 87
#016A
Antibacterial Instant Hand Sanitizer
– 75% Alcohol
SDS
Minimum Order 100 Cases
$5.80
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 21 of 23
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 65 of 87
#017
COVID-19 IgG/IgM Detection Kit
(Colloidal Gold)
CE
Minimum Order 10,000 Cartons
$19.75
Case 1:20-cv-00523-NONE-SAB Document 8-4 Filed 04/19/20 Page 22 of 23
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#018
Infrared Thermometer
CE
Minimum Order 10,000 Cartons
$49.99
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EXHIBIT 5
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EXHIBIT 6
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EXHIBIT 7
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April 8, 2020
Revision 2
At 3M, we are committed to doing all we can to help combat the fraudulent, price gouging, and counterfeit
activity that is unfortunately occurring in connection with COVID-19. Examples include people fraudulently
representing themselves as being affiliated with 3M and having authentic 3M product to sell, selling (or
offering to sell) 3M products at grossly inflated prices, selling counterfeit products falsely claimed to be from
3M, and falsely claiming to manufacture 3M products. In many cases, these scammers will try and secure
funds in advance and then disappear once the money is received.
3M will not tolerate any such activity by 3M authorized channel partners and we will aggressively pursue
third-parties that seek to take advantage of this crisis. We are working with law enforcement authorities
around the world – including, in the U.S., the U.S. Attorney General, state Attorneys General, and local
authorities.
We have also created a new 3M COVID-19 Fraud hotline for the U.S. and Canada that end-users and
purchasers of 3M products can call for information to help detect fraud and avoid counterfeit products.
You can reach this hotline by calling: 1 (800) 426-8688.
In addition to the hotline, you can report a concern in the U.S. at www.go.3m.com/covidfraud.
You can report a concern in Canada at www.go.3M.com/covidfraud-en-ca (English) or
www.go.3M.com/covidfraud-fr-ca (French).
3M recommends purchasing our products only from a 3M authorized distributor or dealer, as that offers
the greatest assurance that you will receive authentic 3M products.
If you need help identifying 3M authorized distributors and dealers in your area, please contact 3M Help
Center at www.3m.com/3M/en_US/company-us/help-center or 1 (888) 364-3577 in the United States.
In Canada, please contact 3M Canada Customer Service at 1 (800) 364-3577.
With regard to 3M respirators specifically, we
are providing the following additional
information to help stop price gouging and sales
of counterfeit products:
•
3M has not changed the prices we charge
for 3M respirators as a result of the
COVID-19 outbreak.
•
We are actively working to eliminate price
gouging, including making referrals to law
enforcement where appropriate.
•
To help customers identify and avoid inflated
prices, we are now publishing current single-case
list prices for many of the most common 3M N95
respirator models sold in the U.S.
•
List prices for these models sold in Canada are
similar on a currency-adjusted basis.
Model #
List Price (USD)
Surgical N95
Respirators
1804
$0.68
1804S
$0.68
1860
$1.27
1860S
$1.27
1870+
$1.78
Standard N95
Respirators
8210
$1.02 - $1.31
8210Plus
$1.18 - $1.50
8210V
$1.48 - $1.88
8110S
$1.08 - $1.37
8200
$0.63 - $0.80
8511
$2.45 - $3.11
9105
$0.64 - $0.81
9105S
$0.64 - $0.81
9210+
$1.40 - $1.78
9211+
$2.68 - $3.40
Fraudulent Activity, Price Gouging, and Counterfeit Products
Case 1:20-cv-00523-NONE-SAB Document 8-7 Filed 04/19/20 Page 2 of 3
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 75 of 87
•
These list prices are per respirator.
•
Actual prices may be lower than these list prices, as negotiated between you and your chosen reseller.
•
3M has also worked to further accelerate delivery of respirators to critical end-users – both by utilizing
our existing network of healthcare distributors and, where it makes sense to do so, shipping directly to
end-user locations. Effective the week of March 23, the small volume of 3M filtering facepiece respirators
being made available to critical industrial infrastructure is shipping directly to the specified end-user.
•
3M respirators should be sold only in 3M packaging, with model-specific user instructions accompanying
the product.
•
3M respirators should not be sold individually or without packaging (including User Instructions).
•
3M has strict quality standards, and therefore products that have missing straps, strange odors, blocked
valves, misspelled words, etc. are likely not authentic 3M respirators.
Finally, 3M personal protective equipment (PPE) is intended, labeled, packaged, and certified to meet the
requirements of the countries in which 3M sells it. Those requirements differ around the world, including as
it relates to, for example, respirator performance, local language, and local certification and approval for sale
and use. As a result, 3M PPE imported from other countries may not meet local requirements. Please confirm
such PPE meets all applicable requirements prior to use.
For technical assistance regarding the selection and use of 3M respirators, please contact your local
3M Technical Service team. In the U.S., you can call 1 (800) 243-4630. In Canada, you can
call 1 (800) 364-3577.
3M Company
3M Center
St. Paul, MN
55144-1000
© 3M 2020. All Rights Reserved.
3M is a trademark of 3M Company and affiliates.
Used under license in Canada.
For more information, contact the 3M Help Center at 1 (888) 364-3577 in the United States.
In Canada, please contact 3M Canada Customer Service at 1 (800) 364-3577.
Case 1:20-cv-00523-NONE-SAB Document 8-7 Filed 04/19/20 Page 3 of 3
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 76 of 87
EXHIBIT 8
Case 1:20-cv-00523-NONE-SAB Document 8-8 Filed 04/19/20 Page 1 of 6
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 77 of 87
3M COVID-19 Anti-Fraud, Anti-Price Gouging, and Anti-Cou
Have a concern to report related to Fraud, Price Gouging or Count
At 3M, we are committed to doing all we can to help combat the fraudulent, price gouging, and c
will not tolerate any such activity by 3M authorized channel partners and we will aggressively pur
enforcement authorities around the world – including, in the U.S., the U.S. Attorney General, State
Case 1:20-cv-00523-NONE-SAB Document 8-8 Filed 04/19/20 Page 2 of 6
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 78 of 87
COVID-19 Fraud
Please complete as much of the information requested below as possible. Fields marked with an as
that 3M has received the report. We request that you reply to that email and attach any copies of i
can help us to investigate the situation.
Requestor Information
First Name*
Last Name*
Company Name
Email/Business Email Address*
Phone/Business Phone Number*
Government Agency Name (if applicable)
Country/Region*
Account Type*
United States
Select One
Case 1:20-cv-00523-NONE-SAB Document 8-8 Filed 04/19/20 Page 3 of 6
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 79 of 87
Alleged Solicitor/Seller Information
Please provide as much information as possible.
Seller First Name
Seller Last Name
Seller Company
Seller Email
Seller Phone
Seller's Website
Fraud Product Details
Product 1*
Product 1 Price
Product 1 3M SKU
Product 1 Quantity
Select One
Case 1:20-cv-00523-NONE-SAB Document 8-8 Filed 04/19/20 Page 4 of 6
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 80 of 87
Product 2
Product 2 Price
Product 2 3M SKU
Product 2 Quantity
Product 3
Product 3 Price
Product 3 3M SKU
Product 3 Quantity
How did the interaction take place?*
Interaction URL
Product Fraud Details*
Provide as much detail about the interaction as possible including how you ɚrst contacted the selle
Select One
Select One
Select One
Case 1:20-cv-00523-NONE-SAB Document 8-8 Filed 04/19/20 Page 5 of 6
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 81 of 87
3M respects your right to privacy. 3M will collect, use, and disclose the personal information you
fraud, price gouging and fraudulent activity, 3M may voluntarily share information with law enforc
law enforcement agencies, 3M will have no control over that personal information.
Please be aware that the information you supply about yourself, or any aspect of 3M’s operations
information that, to the best of your knowledge, is correct. You will not be sanctioned for submitti
knowingly provide false or misleading information, it may result in disciplinary or judicial action.
Submit
Case 1:20-cv-00523-NONE-SAB Document 8-8 Filed 04/19/20 Page 6 of 6
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 82 of 87
EXHIBIT 9
Case 1:20-cv-00523-NONE-SAB Document 8-9 Filed 04/19/20 Page 1 of 3
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 83 of 87
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Case 1:20-cv-00523-NONE-SAB Document 8-9 Filed 04/19/20 Page 3 of 3
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 85 of 87
JS 44 (Rev. 0$"#%)
CIVIL COVER 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
(b) County of Residence of First Listed Plaintiff
County of Residence of First Listed Defendant
(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)
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)
of Business In Another State
Citizen or Subject of a
" 3
"
3
Foreign Nation
" 6
" 6
Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)
Click here for: Nature of Suit Code Descriptions.
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
SOCIAL SECURITY
" 480 Consumer Credit
of Veteran’s Benefits
" 350 Motor Vehicle
" 370 Other Fraud
" 710 Fair Labor Standards
" 861 HIA (1395ff)
" 485 Telephone Consumer
" 160 Stockholders’ Suits
" 355 Motor Vehicle
" 371 Truth in Lending
Act
" 862 Black Lung (923)
Protection Act
" 190 Other Contract
Product Liability
" 380 Other Personal
" 720 Labor/Management
" 863 DIWC/DIWW (405(g))
" 490 Cable/Sat TV
" 195 Contract Product Liability
" 360 Other Personal
Property Damage
Relations
" 864 SSID Title XVI
" 850 Securities/Commodities/
" 196 Franchise
Injury
" 385 Property Damage
" 740 Railway Labor Act
" 865 RSI (405(g))
Exchange
" 362 Personal Injury -
Product Liability
" 751 Family and Medical
" 890 Other Statutory Actions
Medical Malpractice
Leave Act
" 891 Agricultural Acts
REAL PROPERTY
CIVIL RIGHTS
PRISONER PETITIONS
" 790 Other Labor Litigation
FEDERAL TAX SUITS
" 893 Environmental Matters
" 210 Land Condemnation
" 440 Other Civil Rights
Habeas Corpus:
" 791 Employee Retirement
" 870 Taxes (U.S. Plaintiff
" 895 Freedom of Information
" 220 Foreclosure
" 441 Voting
" 463 Alien Detainee
Income Security Act
or Defendant)
Act
" 230 Rent Lease & Ejectment
" 442 Employment
" 510 Motions to Vacate
" 871 IRS—Third Party
" 896 Arbitration
" 240 Torts to Land
" 443 Housing/
Sentence
26 USC 7609
" 899 Administrative Procedure
" 245 Tort Product Liability
Accommodations
" 530 General
Act/Review or Appeal of
" 290 All Other Real Property
" 445 Amer. w/Disabilities - " 535 Death Penalty
IMMIGRATION
Agency Decision
Employment
Other:
" 462 Naturalization Application
" 950 Constitutionality of
" 446 Amer. w/Disabilities - " 540 Mandamus & Other
" 465 Other Immigration
State Statutes
Other
" 550 Civil Rights
Actions
" 448 Education
" 555 Prison Condition
" 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
" 1
Original
Proceeding
" 2 Removed from
State Court
" 3
Remanded from
Appellate Court
" 4 Reinstated or
Reopened
" 5 Transferred from
Another District
(specify)
" 6 Multidistrict
Litigation -
Transfer
" 8 Multidistrict
Litigation -
Direct File
VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Brief description of cause:
VII. REQUESTED IN
COMPLAINT:
"
CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
DEMAND $
CHECK YES only if demanded in complaint:
JURY DEMAND:
" Yes
" No
VIII. RELATED CASE(S)
IF ANY
(See instructions):
JUDGE
DOCKET NUMBER
DATE
SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE
3M Company
RX2Live, LLC and RX2Live, Inc.
Utah County, Utah
Carmine R. Zarlenga (pro hac vice); Dale Giali (SBN 150382); Keri E. Borders
(SBN 194015)
Mayer Brown LLP, 350 S. Grand Ave., 25th Floor, Los Angeles, CA 90071-1503
Telephone: 213-229-9500; Facsimile: 213-625-0248
15 U.S.C. 1114, 1124
Trademark infringement; unfair competition; false endorsement; trademark dilution; false advertising
04/19/2020
/s/ Carmine R. Zarlenga
TBD
Case 1:20-cv-00523-NONE-SAB Document 8-10 Filed 04/19/20 Page 1 of 2
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 86 of 87
JS 44 Reverse (Rev. 0$"#%)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)
Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
(b)
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
(c)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
##"
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
###"
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
#$"
Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.
$"
Origin. Place an "X" in one of the seven boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE
NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in
statue.
$#"
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
$##"
Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
$###"
Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
Case 1:20-cv-00523-NONE-SAB Document 8-10 Filed 04/19/20 Page 2 of 2
Case 1:20-cv-02949-LAP Document 16-7 Filed 04/24/20 Page 87 of 87