Earlier this year, Republic filed another federal complaint in Virginia alleging federal and related state law trademark violations against a former Republic customer, VA Traders Market Place and its owner, based on the defendants’ sales of counterfeit TOP- and JOB-brand cigarette rolling papers. Republic settled its claims against the defendants and the defendants agreed to a permanent injunction prohibiting them from making unauthorized use of TOP- or JOB-marks.
Last year, Republic assisted with law enforcement raids at two wholesalers, Star Importers & Wholesalers, Inc. and Ziya Business Inc. (d/b/a ZCell & Novelties), in the Atlanta, GA area where a significant amount of counterfeit TOP and JOB papers were seized. Immediately after the raids, Republic filed federal civil lawsuits against Star and ZCell, alleging violations of federal and state trademark laws. Those lawsuits are ongoing.
Republic also cooperated with FBI agents in Georgia on an investigation into the owners and operators of EC Wholesale: Irafanali Nisarali Momin and Shiba I. Momin a/k/a Saguftabanu F. Momin. The Momins were indicted on 39 federal criminal charges on December 19, 2019 in the Northern District of Georgia, and charged with 14 counts of trafficking in counterfeit goods, including TOP and JOB brand cigarette papers, 10 counts of smuggling goods into the United States, 10 counts of receiving misbranded drugs in interstate commerce, 1 count of conspiracy, and 2 counts each of unlawfully procuring citizenship.
The Momins were arrested by federal law enforcement agents on January 8, 2020 and subsequently imprisoned. On September 23, 2020, the Momins pleaded guilty to naturalization fraud, conspiring to illegally import misbranded products from China, receive misbranded drugs that were moved in interstate commerce, and to trafficking of counterfeit goods. Sentencing for the Momins is scheduled for January 7, 2021, where, according to the U.S. Attorney’s Office, the Momins will have their U.S. citizenship revoked, among other penalties.
Republic’s proactive, multi-pronged approach has seen concrete gains, including heightened awareness within the wholesale community. Amin Virani, a seller accused of supplying counterfeits in the Atlanta area, closed his store and refused to comply with Republic’s subpoenas, leading the court to hold him in contempt. A number of wholesalers and suppliers have also acknowledged their counterfeiting activity, agreed to permanently cease future infringement, and committed to providing cooperation in Republic’s current and future lawsuits, as a direct result of Republic’s efforts.
Republic continues to file lawsuits against wholesalers and retailers trafficking counterfeit versions of the company’s products throughout the country. Company officials have also filed actions against foreign nationals selling counterfeit goods at trade shows and continue to monitor these big events to help stem the proliferation and marketing of counterfeit products.
To protect its brand and the sale of legitimate products, Republic hires investigators nationwide who coordinate with the Department of Homeland Security, U.S. Customs, the U.S. Marshals Service, and local law enforcement officials to remove misleading products from the U.S. market.
“This is an ongoing fight,” said Katten White Collar and Internal Investigations partner Sheldon Zenner, Republic’s longtime legal advisor. “Our efforts won’t end until the counterfeiting stops.”
