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EHSON SALAAMI, State Bar No. 265717 Email: es@salaamifirm.com SALAAMI FIRM 1630 Copa De Oro Dr., Ste. A San Diego, CA 92037 Phone: 619-272-4242 Attorney for Plaintiffs

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

Fullips, LLC, a limited liability company; Ashley M. Gomez, an individual, Plaintiff,

v.

Groupon, Inc., a Delaware corporation, Magnik Inc., a Florida corporation, and DOES 1-25, inclusive,

Defendants.

)) )

Case No.: 2:15-cv-7249

COMPLAINT FOR DAMAGES JURY TRIAL DEMANDED

Plaintiff Fullips, LLC (“Fullips”) and Plaintiff Ashley M. Gomez (“Gomez”)

(collectively, “Plaintiffs”) allege as follows, upon actual knowledge with respect to

themselves and their own acts, and upon information and belief as to all other matters

alleged herein:

NATURE OF THE ACTION

1. This is a civil action for intellectual property infringement and related

claims against Defendants Groupon, Inc. (“Groupon”) and Magnik Inc. (“Magnik”)

(collectively “Defendants”). Plaintiffs seek equitable and monetary relief for, among

other things, Defendants’ willful violations of Fullips’ rights under the Lanham Act,

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 1 of 36 Page ID #:1

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15 U.S.C. § 1051, et seq., the Copyright Act, 17 U.S.C. § 101, et seq., and California

statutory and common law.

2. Simply, Defendants have offered for sale, sold, and/or promoted the sale

of counterfeit goods using Fullips’ trademarks and copyrights without consent or

license. As a direct result of Defendants’ conduct, consumers have and are likely to

believe that Defendants and/or their counterfeit products are made, approved, or

licensed by Fullips. Plaintiffs have suffered damages as a result of Defendants’

actions as alleged herein.

PARTIES

3. Fullips is a Nevada limited liability company with its principal place of

business in Henderson, Nevada.

4. Gomez is an individual and resident of Nevada.

5. Upon information and belief, Groupon is a Delaware corporation with its

principal place of business in Chicago, Illinois.

6. Upon information and belief, Magnik is a Florida corporation with its

principal place of business in Oakland Park, Florida.

7. Plaintiffs do not know the true names and capacities of DOES 1 through

25, and will amend this Complaint when the true names and capacities of DOES 1

through 25, are ascertained.

8. For purposes of this Complaint, unless otherwise stated, “Defendant(s)”

includes all agents, employees, officers, members, directors, heirs, successors,

assigns, principals, trustees, sureties, subrogates, representatives and insurers of

Defendant(s) named in this caption.

JURISDICTION AND VENUE

9. This Court has subject matter jurisdiction under 15 U.S.C. § 1121 and

under 28 U.S.C. §§ 1331, 1338(a) and (b). Because there is diversity between the

parties and the matter in controversy exceeds $75,000, exclusive of interest and

costs, this Court also has jurisdiction under 28 U.S.C. § 1332. The Court has

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 2 of 36 Page ID #:2

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supplemental jurisdiction over Plaintiffs’ state-law claims pursuant to 28 U.S.C. §

1367(a) because they are substantially related to its federal claims and arise out of

the same case or controversy.

10. This Court has personal jurisdiction over Defendants in this action

because Defendants have imported, distributed, offered for sale, sold, or shipped

merchandise to persons within this District; Defendants regularly transact and

conduct business within this District; and, Defendants have made or established

contacts within this District sufficient to permit the exercise of personal jurisdiction.

11. Venue lies in this District pursuant to 28 U.S.C. § 1391(b) because a

substantial part of the events giving rise to Plaintiffs’ claims have occurred in this

District.

FACTUAL ALLEGATIONS

12. Fullips is family-owned business engaged in the sale of beauty products.

The company’s flagship product is a popular plastic self-suction lip enhancer called

“fullips”. Fullips manufactures fullips lip enhancers in the United States and sells

fullips to consumers domestically and globally.

13. Fullips lip enhancers are very popular among consumers and have been

featured extensively in the media, including television, fashion publications, and

social media.

14. Fullips is owner by assignment of the federal trademark, Reg. No.

4,539,625, issued by the United States Patent and Trademark Office (“USPTO”) on

May 27, 2014, for the product’s popular slogan, “IT’S EASY…JUST PUT IT TO

YOUR LIPS AND SUCK!” (the “Slogan”). A true and correct copy of this

registration is attached as Exhibit “A”.

15. Fullips is owner by assignment of the federal trademark, Reg. No.

4,377,836, issued by the USPTO on July 30, 2013, for the mark, “FULLIPS” (the

“FULLIPS mark”). The FULLIPS mark is registered on the supplemental registry of

the USPTO. A true and correct copy of this registration is attached as Exhibit “B”.

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 3 of 36 Page ID #:3

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16. Fullips is owner by assignment of U.S. Copyright No. VA0001951244,

published May 1, 2013, for its distinctive and highly popular logo (the “Fullips

Logo”). A true and correct copy of this registration is attached as Exhibit “C”.

17. Fullips is owner by assignment of U.S. Copyright No. TX0008028782,

published May 11, 2013, for its distinctive box directions and instructions (the

“Fullips Instructions”). A true and correct copy of this registration is attached as

Exhibit “D”.

18. Fullips is owner by assignment of U.S. Patent No. 8,858,472 for “LIP

SUCTION DEVICE AND RELATED METHODS.”

DEFENDANTS’ WRONGFUL ACTIVITIES

19. In an effort to trade on the enormous popularity of Fullips’ intellectual

property, and without any authorization or approval, Defendants have solicited,

promoted, offered for sale, and sold products that infringe upon Fullips’ intellectual

property rights, including Fullips’ trademarks, copyrights and patent. The products

that Defendants promoted, offered for sale and sold are not authentic fullips lip

enhancers manufactured and produced by Fullips in the United States; rather, the

impermissible products sold by Defendants are counterfeit versions of fullips

manufactured in China from unknown and unverified plastics.

20. Specifically, from approximately June 21, 2015 to June 25, 2015,

Defendants marketed for sale, advertised, and sold counterfeit fullips on the website

owned and operated by Groupon, www.groupon.com. (See Exhibit “E”, attached

hereto.)

21. For example, on or about June 21, 2015, Defendants sold counterfeit

fullips lip enhancers to a resident of Riverside County, California, who was unaware

at the time that the products were counterfeit. (See Exhibit “F”, attached hereto.)

Defendants’ counterfeit fullips came in counterfeit packaging exactly mirroring

Fullips’ standard retail packaging, and bearing the Fullips Logo, the Fullips

Instructions, the Slogan, and the FULLIPS mark. Further, the counterfeit fullips

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 4 of 36 Page ID #:4

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came bearing the FULLIPS mark. Groupon fulfilled the orders from Magnik’s

listing and took receipt of the money used to purchase the counterfeit item;

Defendants then shipped the counterfeit product across state lines into Riverside

County, California.

22. Additionally, on or about June 22, 2015, Gomez purchased a counterfeit

enhancer listed by Magnik on Groupon’s website. (See Exhibit “G”, attached

hereto.) Groupon accepted and processed payment by Gomez. Groupon then

fulfilled Gomez’s order from the Magnik listing and shipped the counterfeit lip

enhancers across state lines into Nevada.

23. From at least June 21, 2015 to June 25, 2015, Groupon not only supplied

the necessary marketplace for Magnik’s infringing activities, but directly, knowingly

and intentionally participated in, aided and contributed to the infringing activities by

sharing in the revenue of sales of counterfeit products and fulfilling Magnik’s orders

and shipping them from Groupon’s fulfillment center in Chicago, Illinois.

24. Groupon had the right and ability to control the infringing activities of

Magnik based on the terms and conditions of use of its website. By directly

accepting payment from consumers for the sale of counterfeit goods, sharing in the

revenue from each sale of the infringing products on its website, Groupon derived a

financial benefit directly resulting from the infringing activities.

25. Groupon further contributed to the infringing activities of Magnik by

failing to perform any review, inquiry, investigation or due diligence regarding the

counterfeit products offered by Magnik before allowing Magnik to list them for sale

on its website.

26. Groupon further contributed to the infringing activities of Magnik by

failing to perform any screening, review, inquiry or investigation regarding Magnik,

including, for example, attempting to ascertain whether Magnik was an authorized

reseller of fullips products or requesting that Magnik provide a proof of purchase,

before aiding Magnik to advertise and sell counterfeits, in mass, through its website.

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 5 of 36 Page ID #:5

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27. Even after Groupon was notified of the infringement, Groupon did not

remove the counterfeit listing or warn consumers that their purchases were

counterfeit, despite demand from Fullips that the listing be removed entirely and the

counterfeits recalled. Instead, Groupon continued to advertise and promote the

counterfeit products by keeping the listing up with the following message: “Sorry,

this deal is SOLD OUT”. (See Exhibit “H”, attached hereto.) By giving consumers

the false impression that the offering was so popular that it sold out, rather than

notifying consumers of the truth – that is, that the offer had to be discontinued

because Defendants were selling counterfeits – Groupon continued and/or

contributed to the infringement by concealing it from consumers and ratifying

Defendants’ actions.

28. At no time has Fullips ever consented to, sponsored, endorsed or

approved of Defendants’ use of the FULLIPS mark, the Slogan, the Fullips Logo or

the Fullips Instructions.

29. Defendants have willfully violated Fullips’ intellectual property rights in

a deliberate effort to trade on Fullips’ hard-earned reputation and goodwill.

Defendants have also created consumer confusion, diluted the value of Fullips’

marks and copyrights, and competed unfairly with Fullips.

30. Defendants’ acts, as described above, have damaged and irreparably

injured Fullips and, if permitted to continue, will further damage and irreparably

injure Fullips.

//

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Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 6 of 36 Page ID #:6

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COUNT I

FEDERAL TRADEMARK INFRINGEMENT BY FULLIPS

AGAINST ALL DEFENDANTS

(15 U.S.C. § 1114)

31. Plaintiffs reallege and incorporate by reference each of the preceding

paragraphs as if fully set forth herein.

32. Without Fullips’ consent, Defendants used in commerce reproductions,

copies, and colorable imitations of the FULLIPS mark and the Slogan in connection

with the offering, distribution, solicitation, promotion, and sale of counterfeit goods,

which is likely to cause confusion, mistake, or deceive, in violation of 15 U.S.C. §

1114.

33. Groupon is directly, vicariously and/or contributorily liable for the

trademark infringement alleged herein, in that Groupon: (a) supplied the necessary

marketplace for the infringement; (b) directly fulfilled or participated in fulfilling the

orders from Magnik’s listing, including shipping the orders; (c) failed to conduct any

review, inquiry or due diligence regarding Magnik or Magnik’s products before

permitting the offering of the counterfeits for sale on its website; (d) continued to

market, promote and/or advertise the counterfeit products after being notified that

they were counterfeit; (e) concealed and covered up the infringement by misleading

consumers into thinking that the counterfeit products had “sold out” rather than

notifying them that the listing was discontinued as counterfeit; (f) directly accepted,

processed, and received payment for the counterfeit products; (g) shared in the illicit

revenues and profits from counterfeit goods.

34. Defendants’ actions demonstrate an intentional, willful, and malicious

intent to trade on the goodwill associated with Fullips’ federally registered marks.

35. Defendants have caused and are likely to continue causing substantial

injury to the public and to Fullips, and Fullips is entitled to injunctive and statutory

relief and to recover Defendants’ profits, actual damages, enhanced profits and

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 7 of 36 Page ID #:7

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damages, costs, and reasonable attorneys’ fees under 15 U.S.C. §§ 1114, 1116 and

1117.

COUNT II

FALSE DESIGNATION OF ORIGIN, PASSING OFF, AND UNFAIR

COMPETITION BY FULLIPS AGAINST ALL DEFENDANTS

(15 U.S.C. § 1125(a))

36. Plaintiffs reallege and incorporate by reference each of the preceding

paragraphs as if fully set forth herein.

37. Defendants’ sale of counterfeit fullips or confusingly similar imitations

of fullips has caused confusion, deception, and mistake by creating the false and

misleading impression that Defendants’ goods were manufactured or distributed by

Fullips in the Unites States, or are affiliated, connected, or associated with Fullips, or

have the sponsorship, endorsement, or approval of Fullips.

38. Defendants’ actions constitute false designation of origin, passing off,

and unfair competition under 15 U.S.C. § 1125(a). Fullips is entitled to injunctive

and statutory relief, and to recover Defendants’ profits, actual damages, enhanced

profits and damages, costs, and reasonable attorneys’ fees pursuant to 15 U.S.C. §§

1125(c), 1116 and 1117.

COUNT III

TRADEMARK INFRINGEMENT UNDER CALIFORNIA LAW

BY FULLIPS AGAINST ALL DEFENDANTS

(CAL. BUS. & PROF. CODE § 14200, ET SEQ.)

39. Plaintiffs reallege and incorporate by reference each of the preceding

paragraphs as if fully set forth herein.

40. Defendants’ use, without consent, of Fullips’ marks in connection with

the offering, distribution, solicitation, promotion, and sale of counterfeit products

was likely to cause confusion, or to deceive as to the origin of the goods or services,

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 8 of 36 Page ID #:8

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and thus constitutes trademark infringement in violation of Cal. B&P Code § 14200,

et seq.

COUNT IV

TRADEMARK INFRINGEMENT, FALSE ADVERTISING, AND UNFAIR

COMPETITION BY FULLIPS AGAINST ALL DEFENDANTS

(CALIFORNIA COMMON LAW)

41. Plaintiffs reallege and incorporate by reference each of the preceding

paragraphs as if fully set forth herein.

42. Defendants’ use of Fullips’ marks, without consent, in connection with

the offering, distribution, solicitation, promotion, and sale of counterfeit products,

was likely to cause confusion, or to deceive as to the origin of the goods or services,

and thus constitutes trademark infringement, misappropriation of Fullips’ goodwill

of its intellectual property rights, and unfair competition under California common

law.

43. Defendants’ actions, as described above, constitute false and misleading

descriptions and misrepresentations of fact in commerce, which, in commercial

advertising and promotion, materially misrepresent the nature, characteristics, and

qualities of Magnik’s products and constitute false and deceptive advertising under

California common law.

COUNT V

FALSE ADVERTISING BY FULLIPS AGAINST ALL DEFENDANTS

(CAL. BUS. & PROF. CODE § 17500 ET SEQ.)

44. Plaintiffs reallege and incorporate by reference each of the preceding

paragraphs as if fully set forth herein

45. Defendants represented to consumers that the lip enhancers that were

being sold on Groupon were manufactured or distributed by Fullips in the United

States, or are affiliated, connected, or associated with Fullips, or have the

sponsorship, endorsement, or approval of Fullips.

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 9 of 36 Page ID #:9

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46. Magnik knew that its representation was false or misleading, and/or that

its representation was likely to deceive or mislead the consuming public.

47. Similarly, after being notified by Fullips that Defendants were

advertising for sale and selling counterfeit fullips, Groupon represented to consumers

on its website that the listing “sold out,” when, in reality, the listing was removed

because illegal counterfeits were being sold.

48. Groupon knew that its representation was false or misleading, and/or that

its representation was likely to deceive or mislead the consuming public.

49. Defendants’ actions constitute false advertising in violation of California

Business & Professions Code § 17500 et seq. Fullips is entitled to injunctive relief

and/or restitution under Bus. & Prof. Code § 17535.

COUNT VI

COPYRIGHT INFRINGEMENT BY FULLIPS AGAINST MAGNIK

(17 U.S.C. § 501)

50. Plaintiffs reallege and incorporate by reference each of the preceding

paragraphs as if fully set forth herein.

51. Without consent, authorization or license, Magnik knowingly, willfully

and unlawfully copied and distributed Fullips’ copyrighted works by advertising for

sale and selling counterfeit fullips in counterfeit packaging bearing the Fullips Logo

and Fullips Instructions.

52. By its unlawful copying, use and distribution, Magnik violated Fullips’

exclusive rights under 17 U.S.C. § 106.

53. Magnik has realized and, unless enjoined, will continue to realize, unjust

profits, gains and advantages as a result of its infringement.

54. As a direct and proximate result of Magnik’s direct and indirect willful

copyright infringement, Fullips has suffered, and will continue to suffer, monetary

loss to its business, reputation and goodwill. Fullips is entitled to recover statutory

damages from Magnik, or damages it has sustained and any gains, profits and

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 10 of 36 Page ID #:10

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advantages obtained by Magnik as a result of its acts of infringement and use and

publication of the copied materials.

COUNT VII

NEGLIGENT INTERFERRENCE WITH ECONOMIC RELATIONS BY

FULLIPS AGAINST GROUPON

(CALIFORNIA COMMON LAW)

55. Plaintiffs reallege and incorporate by reference each of the preceding

paragraphs as if fully set forth herein.

56. Fullips, as the owner of the FULLIPS mark, the Slogan, the Fullips Logo

and Fullips Instructions, had a prospective economic relationship with e-commerce

consumers, including Groupon’s customer base, which would have resulted in future

economic benefit to Fullips.

57. Groupon knew or should have known of this relationship, and knew or

should have known that this relationship would be disrupted if Groupon failed to act

with reasonable care.

58. Groupon failed to act with reasonable care and engaged in wrongful

conduct by, among other things, fulfilling and/or shipping orders for counterfeit

fullips; failing to conduct any inquiry or due diligence regarding Magnik or

Magnik’s products before offering them for sale on its website; continuing to

market, promote and/or advertise the counterfeit products even after being notified

they were counterfeit; and concealing the infringement by misleading consumers

into thinking that the products had “sold out”, rather than notifying them of the truth

that the listing had been discontinued as counterfeit.

59. Through its wrongful conduct, Groupon disrupted Fullips’ relationship

with prospective customers, who purchased counterfeit fullips on Groupon’s website

under Magnik’s listing instead of purchasing authentic products from Fullips.

60. Groupon’s interference and wrongful conduct were a substantial factor

in causing Fullips’ harm.

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 11 of 36 Page ID #:11

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61. As a result of Groupon’s interference and wrongful conduct as alleged

herein, Fullips has been damaged in an amount to be proven at trial.

COUNT VIII

NEGLIGENCE BY GOMEZ AGAINST GROUPON

(CALIFORNIA COMMON LAW)

62. Plaintiffs reallege and incorporate by reference each of the preceding

paragraphs as if fully set forth herein.

63. As a customer and user of Groupon’s website, Groupon owed Gomez a

duty to take reasonable precautions to ensure that the products being offered to her

were authentic and not counterfeit.

64. Groupon breached its duty to Gomez by failing to perform any review,

inquiry, investigation or due diligence regarding the authenticity of the products

being offered to her before listing them on its website.

65. Groupon further breached its duty to Gomez by failing to perform any

screening, review, inquiry or investigation regarding Magnik, including to determine

whether Magnik was an authorized seller of fullips, before permitting Magnik to list

its counterfeit products on Groupon’s website.

66. Groupon further breached its duty to Gomez by fulfilling Gomez’s order,

accepting Gomez’s money, and shipping counterfeit products to Gomez.

67. Groupon further breached its duty to Gomez by continuing to market,

promote and/or advertise the counterfeit products even after being notified that they

were counterfeit, and concealing, covering up and ratifying Defendants’

infringement by misrepresenting that the products had “sold out”.

68. As an actual and proximate cause of Groupon’s breaches, Gomez has

been damaged in an amount to be proven at trial.

//

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Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 12 of 36 Page ID #:12

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PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray judgment in their favor against Defendants on

their claims for relief set forth above, including but not limited to the following:

1. All profits arising from the foregoing acts, in accordance with 15 U.S.C.

§ 1117, 17 U.S.C. § 504, and other applicable laws, including but not limited to Cal.

B&P §§ 1400, et seq.;

2. Compensatory, treble, and/or statutory damages pursuant to 15 U.S.C. §

1117, 17 U.S.C. § 504, and California common law and other applicable laws;

3. All litigation expenses, including reasonable attorneys’ fees and costs of

this action pursuant to 15 U.S.C. § 1117, 17 U.S.C. § 505 and other applicable laws;

4. Punitive damages for willful infringement and unfair competition under

California common law, Cal. Civil Code § 3294, and other applicable laws;

5. For such other and further relief as the Court deems just and proper.

DEMAND FOR JURY TRIAL

Pursuant to the Seventh Amendment to the Constitution of the United States of

America, Plaintiffs are entitled to, and demand, a trial by jury.

Respectfully submitted,

DATED: September 15, 2015 /s/Ehson Salaami EHSON SALAAMI

Attorney for Plaintiff Fullips, LLC and ASHLEY M. GOMEZ

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 13 of 36 Page ID #:13

Dated May 27, 2014

EXHIBIT A

Federal Trademark, Reg. No. 4,539,625 issued by USPTO to Fullips for slogan “IT’S EASY… JUST PUT IT TO YOURLIPS AND SUCK"

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 14 of 36 Page ID #:14

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 15 of 36 Page ID #:15

Dated July 30, 2013

EXHIBIT B

Federal Trademark, Reg. No. 4,377,836 issued by USPTO to Fullips for “FULLIPS” mark

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 16 of 36 Page ID #:16

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 17 of 36 Page ID #:17

EXHIBIT C

Copyright No. VA0001951244 issued by U.S. Copyright Office to Fullips

for “Fullips Logo”

Dated May 1, 2013

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 18 of 36 Page ID #:18

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 19 of 36 Page ID #:19

EXHIBIT D

Copyright No. TX0008028782 issued by U.S. Copyright Office to Fullips

for “Fullips Instructions”

Dated May 11, 2013

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 20 of 36 Page ID #:20

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 21 of 36 Page ID #:21

EXHIBIT E

Counterfeit “Fullips Lip Plumping Enhancers” for sale on Groupon

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 22 of 36 Page ID #:22

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' ( )

In a NutshellFullips Lip Plumping Enhancer

The Fine PrintThis item is sold through theGroupon Store Magnik, operated byMagnik Inc. The merchant is solelyresponsible to purchasers for thefulfillment, delivery, care, andquality of the advertised goods andservices. Orders are typicallydelivered in 5-10 business days.Offer not eligible for promo codes.Shipping and handling charges forthe order will be Free. U.S.shipments only. This product isnew. This is a FINAL SALE; noreturns or refunds unless defective.

0LikeLike

For fuller lips and a better lip line in seconds with no chemicals

Temporary and non-invasive using self-suction

Fullips Enhancers are designed using self-suction to create a better lip line and overall fullness to thelips. The ultra-lightweight Fullips tool provides a simple, non-invasive, and temporary option for achievingfuller lips without the pain and expense of lip injections. The individual controls the level of enhancement, and the size and shape of their lips. Used much the same way as a lip plumping gloss, without ever needing a replacement!Small enough to tuck into a makeup bag, these little red enhancers can quickly be used beforetouching up lipstick or gloss, every day or just on special occasions. Made to be durable, they will not break if dropped or carried around in a bag. Made in the USA of FDA approved, food grade material. Results vary 1-4 hours.

Caution: Anyone that has had lip injections and/or fillers should not use Fullips. If your lips or mouthare under a doctor's care, use of this product should always be cleared with your doctor first. If youhave any concerns about using this product or have any health concerns, check with your doctor. Ifyou have issues with your teeth, gums, tongue, mouth issues, oral surgery, cold sores, bruising,bleeding, medications, blood thinning issues or take blood thinning medication, check with your doctorfirst. If you have an allergic reaction, stop use and call your doctor immediately. This is not a toy andshould not be used by anyone under 18.

In the box: 1 Fullips

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Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 24 of 36 Page ID #:24

Page 3 of 3https://www.groupon.com/deals/gs-fullips-lip-plumping-enhancer

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Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 25 of 36 Page ID #:25

Page 1 of 3https://www.groupon.com/deals/gs-fullips-lip-plumping-enhancer

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Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 26 of 36 Page ID #:26

Page 2 of 3https://www.groupon.com/deals/gs-fullips-lip-plumping-enhancer

' ( )

In a NutshellFullips Lip Plumping Enhancer

The Fine PrintThis item is sold through theGroupon Store Magnik, operated byMagnik Inc. The merchant is solelyresponsible to purchasers for thefulfillment, delivery, care, andquality of the advertised goods andservices. Orders are typicallydelivered in 5-10 business days.Offer not eligible for promo codes.Shipping and handling charges forthe order will be Free. U.S.shipments only. This product isnew. This is a FINAL SALE; noreturns or refunds unless defective.

0LikeLike

For fuller lips and a better lip line in seconds with no chemicals

Temporary and non-invasive using self-suction

Fullips Enhancers are designed using self-suction to create a better lip line and overall fullness to thelips. The ultra-lightweight Fullips tool provides a simple, non-invasive, and temporary option for achievingfuller lips without the pain and expense of lip injections. The individual controls the level of enhancement, and the size and shape of their lips. Used much the same way as a lip plumping gloss, without ever needing a replacement!Small enough to tuck into a makeup bag, these little red enhancers can quickly be used beforetouching up lipstick or gloss, every day or just on special occasions. Made to be durable, they will not break if dropped or carried around in a bag. Made in the USA of FDA approved, food grade material. Results vary 1-4 hours.

Caution: Anyone that has had lip injections and/or fillers should not use Fullips. If your lips or mouthare under a doctor's care, use of this product should always be cleared with your doctor first. If youhave any concerns about using this product or have any health concerns, check with your doctor. Ifyou have issues with your teeth, gums, tongue, mouth issues, oral surgery, cold sores, bruising,bleeding, medications, blood thinning issues or take blood thinning medication, check with your doctorfirst. If you have an allergic reaction, stop use and call your doctor immediately. This is not a toy andshould not be used by anyone under 18.

In the box: 1 Fullips

Like Groupon Goods on Facebook for hand-picked deals, product giveaways, and more Goods stuff.

Groupon Goods58k likesLike PageLike Page

ASK A QUESTION

New Deals View All

BNY Automatic Curler

$599 From $59.99

Up to 67% Off BarreClasses at Barre Las...Barre Las Vegas

Las Vegas

$60 From $20%

My Burberry by BurberryEau de Parfum for...

$125 $64.99

41% Off Fried Chicken atFarm BasketFarm Basket

Charleston Preservation

$20 From $13%

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 27 of 36 Page ID #:27

Page 3 of 3https://www.groupon.com/deals/gs-fullips-lip-plumping-enhancer

The Groupon PromiseFIND OUT MORE *

+

+

+

+

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+

++,

,

,

,

,

,

,,

Company

About Groupon

Jobs

Blog

Press

Investor Relations

Management Team

Work with Groupon

Run a Groupon Deal

Accept Groupon Payments

Affiliate Program

Help Your Community

More

Customer Support

FAQ

Coupons

Gift Cards

Gift Shop

ideel

Shop by Brand

Follow Us

) ( -

Unbeatable Deals for Local Adventures

Discover huge discounts and fun activities in your city with Groupon. Check out daily deals for restaurants, spas, things to do,

massages, hair salons, hotels - and now you can find local pizza deals on our pizza near me page.

# Guide for Food & Drink, Arts & Leisure, and Style & Beauty

© 2015 Groupon, Inc. All Rights Reserved. Terms of Use Privacy Policy Licenses Responsible Disclosure

Get the GrouponMobile App *

#Works

Get New Customers and GrowYour Business *

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 28 of 36 Page ID #:28

EXHIBIT F

Counterfeit “Fullips Lip Plumping Enhancers” Sales Order

Dated June 21, 2015

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 29 of 36 Page ID #:29

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 30 of 36 Page ID #:30

EXHIBIT G

Counterfeit “Fullips Lip Plumping Enhancers” Sales Order

Dated June 22, 2015

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 31 of 36 Page ID #:31

back to orders (/stores-manage/customers/3fe2e640-2044-11e2-9ad3-002590604038/orders)

Order 1000-038170-762838 Jun 22, 2015 at 06:42 PM UTC

Tickets (/stores-manage/customers/3fe2e640-2044-11e2-9ad3-002590604038/tickets?state=open)

Completed

$24.99

$0.00

$0.00

$24.99

Subtotal:

Shipping:

Sales Tax:

Total:

Products Ordered

Preview Description SKU Price Qty Total

(http://www.groupon.com/deals/gs-fullips-lip-plumping-enhancer)

Fullips Lip Plumping Enhancer - Medium Oval & LargeRound (http://www.groupon.com/deals/gs-fullips-lip-plumping-enhancer)Size: Medium Oval & Large Round

BTY-FL-2PK

$24.99 1 $24.99

Event Timeline

about 1 month agoJun 22, 2015 at 06:42 PM UTC

Customer placed order!

about 1 month agoJun 23, 2015 at 04:45 PM UTC

June 23 4:45 pm Shipment Accepted in CHICAGO, IL"

about 1 month agoJun 24, 2015 at 12:52 AM UTC

June 24 12:52 am Accepted at USPS Origin Sort Facility in CHICAGO, IL"

about 1 month agoJun 24, 2015 at 02:07 AM UTC

June 24 2:07 am Arrived at USPS Origin Facility in FOREST PARK, IL"

30 days agoJun 25, 2015 at 02:23 AM UTC

June 25 2:23 am Arrived at USPS Facility in LAS VEGAS, NV"

30 days agoJun 25, 2015 at 05:22 AM UTC

June 25 5:22 am Arrived at Post Office in LAS VEGAS, NV"

(/stores-manage)

LOG OUT (/STORES-MANAGE/LOGOUT) BACK TO GROUPON (HTTP://WWW.GROUPON.COM)

Orders (/stores-manage/customers/3fe2e640-2044-11e2-9ad3-002590604038/orders)

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 32 of 36 Page ID #:32

Copyright © 2014 Groupon, Inc. All Rights Reserved.

GROUPON is a registered trademark of Groupon, Inc.Terms of Use

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30 days agoJun 25, 2015 at 08:28 AM UTC

June 25 8:28 am Sorting Complete in LAS VEGAS, NV"

30 days agoJun 25, 2015 at 08:38 AM UTC

June 25 8:38 am Out for Delivery in LAS VEGAS, NV"

30 days agoJun 25, 2015 at 10:33 AM UTC

June 25 10:33 am Delivered in LAS VEGAS, NV"

Shipping Address

ashley gomez

3565 Las Vegas Blvd South, # 118

Las Vegas, NV, 89109

United States

" USPS# 9400111899223478577432Tracking data is pulled from the shipping carrier and it can take the carrier some time to post updates. If you are concerned about your package’s status please look up theshipment on the carriers website directly.

CONTACT MERCHANT (/STORES-MANAGE/TICKETS/SEARCH?ORDER_ID=100688)

The Fine Print

View Fine Print (http://www.groupon.com/deals/gs-fullips-lip-plumping-enhancer)

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 33 of 36 Page ID #:33

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 34 of 36 Page ID #:34

EXHIBIT H

“Fullips Lip Plumping Enhancers” displayed asSOLD OUT on Groupon

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 35 of 36 Page ID #:35

Case 2:15-cv-07249 Document 1 Filed 09/15/15 Page 36 of 36 Page ID #:36