Paramount Farms v. Keenan Farms - Pistachios

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COMPLAINT

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DANIEL A. BECK (SBN 204496) [email protected] MICHAEL M. VASSEGHI (SBN 210737) [email protected] ROLL LAW GROUP PC 11444 West Olympic Boulevard, 10th Floor Los Angeles, California 90064-1557 Telephone: 310-966-8400 Facsimile: 310-966-8810 Attorneys for Plaintiffs Paramount Farms International LLC, Cal Pure Pistachios, Inc., and Paramount International IP Holding Company

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

PARAMOUNT FARMS INTERNATIONAL LLC, a Delaware limited liability company, CAL PURE PISTACHIOS, INC., a California Nonprofit Cooperative Association, and PARAMOUNT INTERNATIONAL IP HOLDING COMPANY, a Cayman Islands company limited by shares,

Plaintiffs, v. KEENAN FARMS, INC., a California corporation, and DOES 1 through 10, inclusive, Defendants.

Case No. _______________

COMPLAINT FOR:

[1] TRADE DRESS INFRINGEMENT

[2] VIOLATION OF THE LANHAM ACT SECTION 43(A)

[3] TRADE DRESS DILUTION

[4] UNFAIR COMPETITION UNDER CALIFORNIA BUSINESS & PROFESSIONS CODE SECTION 17200 AND 17500 ET SEQ.

DEMAND FOR TRIAL BY JURY

Case 1:14-cv-00855---GSA Document 1 Filed 06/05/14 Page 1 of 29

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COMPLAINT

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Plaintiffs Paramount Farms International LLC, Cal Pure Pistachios, Inc., and

Paramount International IP Holding Company hereby allege as follows:

PARTIES

1. Plaintiff Paramount Farms International LLC and its affiliates grow,

package, market and distribute the famous WONDERFUL brand of pistachio nuts

throughout the United States, Canada, and other nations, along with other branded, bulk,

and private label nuts.

2. Plaintiff Cal Pure Pistachios, Inc. is a California nonprofit cooperative

which markets and sells pistachio nuts.

3. Plaintiff Paramount International IP Holding Company is a Cayman Island

company limited by shares.

4. Paramount Farms International LLC, Cal Pure Pistachios, Inc., and

Paramount International IP Holding Company are collectively referred to herein as

Paramount.

5. Defendant Keenan Farms, Inc. (Keenan) is a California corporation,

located at 31510 Plymouth Avenue, Kettleman City, California 93239. Keenan claims

on its website (www.keenanpistachio.com) that Keenan Farms is one of the largest

pistachio processors in the United States and that Keenan Farms is headquartered in

Avenal (60 miles southwest of Fresno), the very heart of Californias central San

Joaquin Valley. Keenans website further proclaims that Keenan Farms markets a

wide range of retail, wholesale bulk and private label packaging options for domestic

and export markets throughout the world.

6. Paramount is not aware of the true names and capacities of the Defendants

identified herein as Does 1 through 10, inclusive, and therefore fictitiously names said

Defendants. Paramount will amend this Complaint to allege the true names and

capacities of these fictitiously named Defendants when their identities are ascertained.

7. Paramount is informed and believes, and based thereon alleges, that

Defendant Keenan and each of the fictitiously named Doe Defendants (collectively,


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COMPLAINT

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Defendants) were in some manner responsible for the acts alleged herein and the

harm, losses and damages suffered by Paramount as alleged hereinafter. Paramount is

also informed and believes, and based thereon alleges, that while participating in such

acts, each Defendant was the agent, principal, and/or alter ego of the other Defendants,

and was acting in the course and scope of such agency and/or acted with the permission,

consent, authorization or ratification of the other Defendants.

JURISDICTION AND VENUE

8. This action arises, in part, under the Lanham Act, as amended; California

Business and Professions Code Section 17200 and 17500 et seq.; and California

common law. This Court has subject matter jurisdiction over this action pursuant to 28

U.S.C. Section 1331 (federal question), 15 U.S.C. Section 1051, et seq. (trade dress

infringement under the Lanham Act), 28 U.S.C. Section 1338 (unfair competition

related to trademark claims) and 28 U.S.C. Section 1367 (supplemental jurisdiction).

9. As stated on Keenans website, Keenan Farms is headquartered in Avenal

(60 miles southwest of Fresno), the very heart of Californias central San Joaquin

Valley.

10. On information and belief, Keenan is engaged in the growing, harvesting,

processing, packaging and distribution of Farmers Market California Pistachios, a

private-label pistachio product (the Keenan Product) for a company named Loblaws

Brands Limited (Loblaws), which owns numerous supermarkets in Canada where the

Keenan Product is sold. Keenans production of the Keenan Product, which it sells to

Loblaws which in turn ultimately sells the product to Canadian consumers, affects

interstate commerce due to the growing, harvesting, processing, packaging,

transportation, receipt of payment from Loblaws, and other activities which Keenan

engages in within the state of California. These actions by Keenan within the state of

California are essential steps in the course of selling the Keenan Product to Canadian

consumers.


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COMPLAINT

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11. Paramount is informed and believes, and based thereon alleges, that venue

is proper in this District pursuant to 28 U.S.C. Sections 1391(b) and 1391(c) because a

substantial part of the events and harm giving rise to the claims occurred in this District.

Additionally, Paramount is informed and believes, and based thereon alleges, that the

Court has personal jurisdiction over Defendants because Defendants conduct their

ordinary business activities in this District, have focused a substantial portion of their

unlawful conduct within this District, have distributed and sold and sought to distribute

and sell infringing products in this District, and generally engage in business in this

District.

FACTUAL ALLEGATIONS COMMON TO ALL CLAIMS

THE WONDERFUL BRAND OF CALIFORNIA PISTACHIOS

12. Paramount is the largest pistachio processor and pistachio seller in the

world. Paramount grows, harvests, processes, packages, ships, markets, sells, and

distributes pistachio and almond nuts in the United States and in Canada in connection

with its highly distinctive and famous WONDERFUL brand.

13. Paramount has been growing, processing, selling, and marketing

WONDERFUL brand nuts since May 2007.

14. Paramount has been the key player in creating consumer demand for

pistachios in the United States and in Canada.

15. The WONDERFUL brand pistachio nuts are of superior quality and are

brought to consumers using growing, harvesting, processing, and packaging processes

which adhere to the strictest and highest quality standards. Paramount has invested

more than $100 million to ensure that its processing facilities produce the highest

quality, most consistent pistachios anywhere.

16. Paramount has invested close to $200 million dollars building the

WONDERFUL brand for its high quality pistachio and almond nut products.

17. The combination of Paramounts use of uniquely designed packaging, a

distinct color scheme, varied fonts, and transparent portions of the packaging, make the


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COMPLAINT

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trade dress created by Paramount inherently distinctive (the WONDERFUL Trade

Dress). The WONDERFUL Trade Dress functions independently of the

WONDERFUL word trademark as a source identifier. Elements of the

WONDERFUL Trade Dress that make it inherently distinctive include the following:

a. the predominantly black, glossy packaging;

b. the predominantly rectangular shape of the package;

c. a transparent portion in the middle of the packaging;

d. the glossy black and transparent portions of the packaging are used

in discrete color blocks;

e. the unique green color of the font used for the word

PISTACHIOS; and

f. the sans serif font and all capital letters for the word PISTACHIOS

18. The above-referenced elements have been continuously used in interstate

commerce (and worldwide, including Canada) since the WONDERFUL brand was

launched.

19. Attached as Exhibit A is a true and correct copy of photographs of

examples of the WONDERFUL Trade Dress as Paramount has used it in commerce in

the United States and Canada.

20. In addition to Paramounts common law rights to the WONDERFUL

Trade Dress, the United States Patent and Trademark Office and the Canadian

Trademark Office have issued several registrations for trademarks used in Paramounts

trade dress. Those registrations include U.S. Registration Nos. 3882294 and 4307923,

U.S. Application Serial No. 85766491, and Canadian trademark No. TMA779047.

21. The WONDERFUL brand pistachios have been extensively marketed in

the United States and in Canada. For example, Paramounts television commercials for

the WONDERFUL brand pistachios commonly air in both the United States and in

Canada.


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COMPLAINT

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22. In September 2009, Paramount embarked on a highly-publicized series of

television commercials on major television networks such as NBC, CBS, ABC, FOX,

A&E, Biography, Comedy Central, Discovery, Discovery Science, E!, Food Network,

FX, HGTV, IFC, National Geographic, SYFY, TBS, TLC, TNT and ESPN (the 2009

Ad Campaign) for the WONDERFUL brand of pistachios. Commercials on these

channels were shown during prime time slots during highly popular television shows

and featured well-known personalities known to consumers, such as Vincent Pastore

from The Sopranos, Levi Johnston, Lauren Caitlin Upton (aka Miss Teen South

Carolina), Jason Acuna aka Wee-Man, and Dara Torres the 2008 Beijing Olympics

silver medallist.

23. In September 2010, Paramount launched its second series of television

commercials (the 2010 Ad Campaign). The 2010 Ad Campaign commercials aired on

similar networks, at similar time slots and during similar prime time television shows as

the 2009 Ad Campaign and featured well-known personalities such as former Illinois

governor Rod Blagojevich, television character Snooki from the popular reality show

Jersey Shore, football star Chad Ocho Cinco and comic Lewis Black. The 2010 Ad

Campaign alone resulted in approximately 137 million consumer impressions.

24. In 2011, Paramount launched a $30 million advertising campaign which

included more television commercials (the 2011 Ad Campaign). Like the previous

years, the 2011 Ad Campaign commercials aired on major networks during prime time

television shows and featured well-known personalities such as then Lakers basketball

player Lamar Odom and his wife Khloe Kardashian, Kermit the Frog and Facebook

twins and Olympians Cameron and Tyler Winkelvoss.

25. In September 2012, Paramount launched its fourth season of television

commercials on major networks featuring talent from the world of music, sports, social

media and technology. The $30 million advertising campaign debuted during prime

time television shows such as Survivor and X Factor.


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COMPLAINT

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26. In September 2013, Paramount launched five new television commercials

spots that featured such personalities as King Kong, Dennis Rodman, and the

Prancercise Lady. The spots also have been viewed hundreds of thousands of times on

YouTube. For the 2013 Super Bowl, international pop sensation, PSY, starred in

Paramounts first ever Super Bowl spot.

27. For the 2014 Super Bowl, Paramount introduced Comedy Central mainstay

Stephen Colbert as the new spokesperson for Paramounts Get Crackin America

campaign. The quirky Colbert is one of the nations leading political satirists and host

of the Emmy Award-winning late-night comedy show The Colbert Report.

Paramount has a full year agreement to run a series of additional Colbert television

advertisements for WONDERFUL brand pistachios throughout 2014. On YouTube

alone, the Colbert commercials have already received well over two million views.

28. Because nuts are considered a fast moving consumer good and because

of their wide distribution and relatively low cost, consumers are likely to make

purchases of pistachio nuts quickly. It is for this reason that Paramount has spent such a

considerable sum of money developing the WONDERFUL Trade Dress and the

WONDERFUL brand.

29. The WONDERFUL Trade Dress is inherently distinctive. Due to

Paramounts exclusive and extensive use of the WONDERFUL Trade Dress, it has

acquired considerable value and has become famous to the consuming public as

identifying and distinguishing Paramount exclusively and uniquely as the source of

products which use the WONDERFUL Trade Dress. Thus, the WONDERFUL

Trade Dress has also acquired secondary meaning, acquired distinctiveness, and become

famous.

30. The WONDERFUL Trade Dress is used uniformly and consistently in

every WONDERFUL brand product, advertisement, and promotion in commerce in

connection with Paramounts pistachios.


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COMPLAINT

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31. Paramount, its authorized distributors, and its distributors customers, have

continuously and exclusively used the WONDERFUL Trade Dress to distinguish

themselves as the source of goods and services in connection therewith.

32. Paramount has been careful, skillful, and diligent in conducting its

pistachio business and maintaining uniform standards of high quality in its goods and

services. As a result of these efforts, the WONDERFUL brand has acquired a public

acceptance and reputation, thereby creating a valuable public goodwill that inures to

Paramounts benefit.

33. To date, Paramount has expended tens of millions of dollars in the United

States and Canada on the marketing, advertising, sales, and promotion of its

WONDERFUL brand, using its WONDERFUL Trade Dress as the centerpiece for

its marketing, and making Paramount one of the leaders in the nut industry.

34. As a result of Paramounts extensive marketing, sales, and promotional

efforts, the WONDERFUL brand is now one of the bestselling nut products in the

United States and Canada. Paramount has sold hundreds of millions of pounds of

WONDERFUL pistachios since the brand launched in the United States in May 2007,

followed by Canadian sales which began in the Summer of 2008. Among the customers

that Paramount sells its WONDERFUL pistachios to is Loblaws, which owns

numerous supermarkets in Canada.

KEENANS INFRINGING PISTACHIO PRODUCT

35. Keenan is a large California-based grower, harvester, processer, and packer

of pistachios. As such, Keenan has long been a direct competitor of Paramount.

Keenan is very well aware of Paramount and its distinctive packaging, trade dress, and

trademarks.

36. In fact, Keenan recently introduced and distributed copycat promotional

bins for the sale of its pistachio products, deliberately mimicking the distinctive bins

that Paramount uses for its WONDERFUL pistachios. Keenans infringing pistachio

bins misappropriated Paramounts distinctive black and green promotional design in


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COMPLAINT

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order to promote Keenans competing pistachio products. In response, Paramount filed

a trade dress infringement action against Keenan in the Central District of California.

That action ultimately settled via a confidential agreement. Keenan no longer uses the

offending pistachio bins.

37. Due to the prior litigation, Keenans involvement in the pistachio industry,

and Paramounts years of extensive advertising campaigns, Keenan is very well aware

of, and has actual notice of, Paramounts rights in the WONDERFUL Trade Dress.

38. With its new Keenan Product, Keenan has deliberately infringed on

Paramounts WONDERFUL Trade Dress. The Keenan Products packaging is highly

similar to the unique and distinctive WONDERFUL Trade Dress. Attached as

Exhibit B are true and correct copies of photographs of the front and back of the Keenan

Product. On information and belief, Keenan began producing its new Keenan Product

in early 2014, resulting in an immediate loss of sales to Paramount, and immediate

damage to its WONDERFUL brand.


Keenan processes and packs pistachios into the Keenan Product packaging at Keenans

processing facility in California.

40. The Keenan Product packaging has copied the following features from

Paramounts WONDERFUL Trade Dress:

a. The Keenan Products packaging, is predominantly black and glossy,

like the WONDERFUL Trade Dress;

b. The Keenan Products packaging is predominantly rectangular in

shape, like the WONDERFUL Trade Dress;

c. The Keenan Products packaging contains a transparent portion in

the middle, like the WONDERFUL Trade Dress;

d. The Keenan Products packaging displays its glossy black and

transparent portions as discrete color blocks, like the WONDERFUL Trade Dress;


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COMPLAINT

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e. The Keenan Products packaging uses the same green font color as

the font used for the word PISTACHIOS in the WONDERFUL Trade Dress; and

f. The Keenan Products packaging uses a sans serif font and all capital

letters for the word PISTACHIOS, like the WONDERFUL Trade Dress.

41. As Keenan intended, the Keenan Product is now being sold by Loblaws to

Canadian consumers in direct competition with the WONDERFUL brand, including at

the exact same Loblaws stores. Because its infringing trade dress is so similar to the

WONDERFUL Trade Dress, the Keenan Product is even being sold in displays and

bins using the Wonderful Pistachios trademark. Attached as Exhibit C is a true and

correct copy of a photograph of a display of pistachios at a Loblaws supermarket that

are labeled as Wonderful Pistachios, which includes both Paramounts

WONDERFUL brand pistachios and the infringing Keenan Product.


Keenan uses the inherently unique and distinctive WONDERFUL Trade Dress so as

to cause a likelihood of confusion between Keenans infringing product and

Paramounts product, or to cause mistake, or to deceive the relevant public that

Keenans pistachios are authorized, sponsored or approved by or are affiliated with

Paramount and the WONDERFUL brand. Paramount is further informed and

believes, and based thereon alleges, that by willfully misappropriating the distinctive

and famous WONDERFUL Trade Dress, Keenan is currently causing customer

confusion in the marketplace.

43. Paramount is informed and believes, and based thereon alleges that Keenan

spends little or no money advertising its Farmers Market California Pistachios.

Instead, Keenan is intentionally trading off Paramounts famous WONDERFUL

Trade Dress and Paramounts extensive advertising campaigns.

44. Paramount is further informed and believes, and based thereon alleges, that

the Keenan Product is similar to Paramounts pistachio products (except, perhaps, in


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COMPLAINT

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quality), and are being sold in the same stores to identical classes of consumers who

purchase edible nuts with an identical level of sophistication and impulsivity.

45. Paramount is further informed and believes, and based thereon alleges, the

natural, probable and foreseeable result of Keenans intentional, willful and wrongful

conduct has been to deprive Paramount of business and goodwill, and to injure

Paramounts relationships with existing and prospective customers, including Loblaws

and Canadian consumers.


Keenans infringement of the WONDERFUL Trade Dress causes a likelihood of

confusion and actual confusion with Paramounts WONDERFUL brand.


it has lost and will lose revenues as a result of Keenans wrongful conduct in producing,

marketing, and selling the infringing Keenan Product.


Keenan has been unjustly enriched by the production, sale, and marketing of the

infringing Keenan Product.

FIRST CLAIM FOR RELIEF

(Trade Dress Infringement and False Designation of Origin

Pursuant to 15 U.S.C. 1125(a))

49. Paramount incorporates Paragraphs 1 through 48 above as though set forth

fully herein.

50. Paramount has used an inherently distinctive trade dress in interstate and

foreign commerce in connection with the sale and marketing of its WONDERFUL

brand pistachios. The WONDERFUL Trade Dress contains inherently distinctive,

nonfunctional features which are protected under Lanham Act Section 43(a), 15 U.S.C.

Section 1125(a).


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COMPLAINT

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51. The Keenan Products packaging is infringing, and Keenan is falsely

designating the origin of its pistachios, because it uses and infringes on the

WONDERFUL Trade Dress for Paramounts pistachios.

52. Keenans use of the WONDERFUL Trade Dress has confused the public,

and is likely to continue to cause confusion or to cause mistake, or to deceive the

consuming public into believing that Keenans pistachios are authorized, sponsored or

approved by or are affiliated with Paramount.

53. These acts constitute trade dress infringement of the WONDERFUL

Trade Dress, and false designation of origin in violation of 15 U.S.C. Section 1125(a),

entitling Paramount to relief.

54. Paramount is, and will continue to be, irreparably harmed if Keenan is not

enjoined. Paramounts remedy at law is not adequate to compensate it for the injuries

inflicted, and Paramount is therefore entitled to entry of injunctive relief pursuant to 15

U.S.C. Section 1116.

55. Keenan has caused Paramount to suffer monetary damages in an amount to

be proven at trial.

56. Paramount is further entitled to recover Keenans profits attributable to the

infringement.

57. Because of the willful nature of Keenans acts, Paramount is entitled to

treble damages pursuant to 15 U.S.C. Section 1117.

58. Paramount is entitled to an award of its attorneys fees pursuant to 15

U.S.C. Section 1117 because this is an exceptional case.

SECOND CLAIM FOR RELIEF

(Trade Dress Infringement Pursuant to 15 U.S.C. Section 1114(a))

59. Paramount incorporates by reference Paragraphs 1 through 58 above as

though fully set forth herein.

60. Keenans actions, described above, constitute unauthorized use in

commerce of a registered mark in connection with the sale and advertising of goods and


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COMPLAINT

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such use is likely to cause confusion or to cause mistake or to deceive as to the origin of

the goods sold by Keenan.

61. Keenans wrongful actions violate 15 U.S.C. Section 1114(a).


enjoined from its infringing acts. Paramounts remedy at law is not adequate to

compensate it for the injuries inflicted, and Paramount is therefore entitled to entry of

injunctive relief pursuant to 15 U.S.C. Section 1116.

63. Keenans actions have caused Paramount to suffer monetary damages in an

amount to be proven at trial.

64. Paramount is further entitled to an award of Keenans profits attributable to

the infringement.





THIRD CLAIM FOR RELIEF

(Federal Trade Dress Dilution)



68. The WONDERFUL Trade Dress is inherently distinctive and famous.

69. Keenans use in commerce of Paramounts inherently distinctive and

famous WONDERFUL Trade Dress began after that WONDERFUL Trade Dress

became famous.

70. Keenans conduct causes and will continue to cause dilution of the

distinctive quality of the famous WONDERFUL Trade Dress.

71. Keenans conduct is the result of willful and wanton disregard of

Paramounts superior rights. Keenan adopted, used, and continued to use Paramounts

WONDERFUL Trade Dress despite having notice of Paramounts rights.


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COMPLAINT

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enjoined from its infringing acts. Paramounts remedy at law is not adequate to

compensate it for the injuries inflicted, and Paramount is therefore entitled to entry of

injunctive relief pursuant to 15 U.S.C. Section 1125(c).

73. Keenans actions have caused Paramount to suffer monetary damages in an

amount to be proven at trial.





FOURTH CLAIM FOR RELIEF

(Violation of California Unfair Competition Pursuant to

Cal. Bus. & Prof. Code Sections 17200 and 17500 et seq.)



77. Keenan grows, harvests, processes, packs, and sells the Keenan Product in

direct competition with Paramount.

78. Keenans willful, knowing and unauthorized use of infringing packaging in

connection with the Keenan Product is causing confusion as to the source of the goods

and is causing harm to Paramounts goodwill. Keenans infringing use constitutes an

unlawful appropriation of Paramounts exclusive rights in its WONDERFUL Trade

Dress.

79. By selling its goods using infringing promotional material, Keenan is in

violation of Paramounts proprietary rights thereby constituting unfair competition as

such acts constitute unlawful, unfair, deceptive and/or fraudulent trade practices and

unfair competition in violation of California Business & Professions Code Sections

17200 and 17500 et seq.


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COMPLAINT

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80. As a direct and proximate result of Keenans wrongful conduct, Paramount

has suffered injury in fact, which includes a loss of sales, damage to Paramounts

goodwill with its existing, former and potential customers, and actual confusion

between the Keenan Product and Paramounts products and advertising.

81. The harm these wrongful acts will cause to Paramount is imminent and

irreparable. As such, Paramount has no adequate remedy at law.

82. Pursuant to California Business & Professions Code Section 17203,

Keenan is required to disgorge and restore to Paramount all profits and property

acquired by means of Keenans unfair competition with Paramount.

83. Pursuant to California Business & Professions Code Section 17203,

Paramount is entitled to a preliminary and permanent injunction restraining Keenan, its

respective officers, agents, employees, distributors and all persons acting in concert with

them, from engaging in further such unlawful conduct.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray for judgment against Defendants as follows:

1. That the Court enter judgment against each Defendant that:

a. Defendants infringed Plaintiffs rights in the WONDERFUL Trade

Dress in violation of 15 U.S.C. Sections 1125 and 1114;

b. Defendants diluted the WONDERFUL Trade Dress in violation of

15 U.S.C. Section 1125(c); and

c. Defendants engaged in unfair competition and deceptive acts and

practices in violation of California Business & Professions Code Sections 17200 and

17500 et seq.

2. That the Court enter judgment against each Defendant that the above acts

were willful and intentional making this an exceptional case.

3. That the Court issue a preliminary and permanent injunction enjoining and

restraining Defendants and their agents, servants, employees, successors, assigns and all


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COMPLAINT

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other persons acting in concert or in conspiracy with or affiliated with any Defendants

from:

a. Engaging in any infringing activity including advertising, promoting,

marketing, franchising, distributing, selling, and offering for sale, any goods or services

in connection with the infringing trade dress identified herein or any trade dress

confusingly similar to Plaintiffs trade dress; and

b. Requiring Defendants to deliver up to Plaintiffs for destruction any

and all packaging, advertising and promotional materials in Defendants possession,

custody or control, which infringe on the WONDERFUL Trade Dress.

4. That Plaintiffs be awarded damages resulting from Defendants

infringement in accordance with the provisions of 15 U.S.C. Section 1117.

5. That damages resulting from Defendants infringement and unfair

competition under the Lanham Act be trebled due to Defendants willfulness, in

accordance with the provisions of 15 U.S.C. Section 1117.

6. That Plaintiffs be awarded all profits and monies resulting from

Defendants infringement of Plaintiffs rights and by means of Defendants unfair

competition with Plaintiffs.

7. That Plaintiffs be awarded an amount sufficient to reimburse Plaintiffs for

the costs of corrective advertising.

8. For pre-judgment interest on all infringement and other appropriate

damages.

9. That the Court finds this case to be exceptional and awards Plaintiffs their

reasonable attorney fees pursuant to 15 U.S.C. Section 1117 and any other applicable

provision of law.

10. That the Court awards Plaintiffs their costs of suit incurred herein.


{2046228.6} - 16 -

COMPLAINT

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11. For such other or further relief as the Court may deem just and proper.

Dated: June 5, 2014 ROLL LAW GROUP, P.C.

By: /s/ Michael M. Vasseghi MICHAEL M. VASSEGHI Attorneys for Plaintiff s Paramount Farms International LLC, Cal Pure Pistachios, Inc., and Paramount International IP Holding Company

DEMAND FOR JURY TRIAL Plaintiff hereby demands a jury trial in connection with this action.

Dated: June 5, 2014 ROLL LAW GROUP, P.C.

By:/s/ Michael M. Vasseghi MICHAEL M. VASSEGHI Attorneys for Plaintiff s Paramount Farms International LLC, Cal Pure Pistachios, Inc., and Paramount International IP Holding Company


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ComplaintKeenan Complaint ExhibitsKeenan Exh. AKeenan Exhibit BC

Documents

Paramount Farms v. Keenan Farms - Pistachios