-2- Complaint

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff, Starbuzz Tobacco, Inc. complains of Defendants and alleges as follows:

I. JURISDICTION

1.

This Court has original jurisdiction over this action pursuant to 15 U.S.C. §§1119 and 1121, and 28 U.S.C. §§1331 and 1338, in that this Complaint raises federal questions under the United States Trademark Act (Lanham Act), 15 U.S.C. §1051 et seq. This Court has su pplemental juris diction over the state law claims pursuant to 28 U.S.C. §1367. 2.

This Court also has personal jurisdiction over Defendants because they have engaged in busine ss activities in this distr ict. Additionally , Defendants maintain their principal place of business in California, and are domiciled in California. 3.

Venue is proper in this district under 28 U.S.C. § 1391 (b) and (c) in that substantial injury occurred and continues to occur in this district, a substantial portion of the e vents that are the s ubject of this action took pl ace in this dis trict, and that Defendants are subject to personal jurisdicti on in this district.

II. PARTIES

4.

Plaintiff, Starbuzz Tobacco, Inc. (“Starbuzz” or “Plaintiff”), is now,

and at all times relevant herein was, a corporation organized under the laws of the