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IPhone Screenshots Cookies SF is the brainchild of Bay Area recording artist and entrepreneur Berner. Check the app for exclusive content and drops! What’s New • New and improved user accounts• Easier and faster checkout • View and keep track of your orders Ratings and Reviews Big boss Cookies Everything I have purchased has been exquisite in value and style! I will keep coming back for more and more products! 🍪🥠🍪🥠 get those threads #cookiesplur Better than website The app is way easier to use than the website Best in the world Cookies is my favorite clothing brand ever never lets me down and I just ordered the shoes so I’m excited for those 10/10 online store 🤘🏼 App Privacy The developer, Cookies SF, indicated that the app’s privacy practices may include handling of data as described below. For more information, see the developer’s privacy policy. Data Used to Track You The following data may be used to track you across apps and websites owned by other companies: Identifiers Data Linked to You The following data may be collected and linked to your identity: Contact Info Data Not Linked to You The following data may be collected but it is not linked to your identity: Purchases Identifiers Usage Data Diagnostics Privacy practices may vary, for example, based on the features you use or your age. Learn More Information Seller Cookies SF LLC Size 104.1 MB Category Lifestyle Compatibility iPhone Requires iOS 15.0 or later. iPod touch Requires iOS 15.0 or later. Mac Requires macOS 12.0 or later and a Mac with Apple M1 chip or later. Apple Vision Requires visionOS 1.0 or later. Languages English, Arabic, Croatian, Dutch, Filipino, Finnish, French, German, Hebrew, Hindi, Indonesian, Italian, Japanese, Malay, Norwegian Bokmål, Polish, Portuguese, Romanian, Simplified Chinese, Spanish, Swedish, Thai, Traditional Chinese Copyright © 2024 Cookies SF LLC Price Free Developer Website App Support Privacy Policy Developer Website App Support Privacy Policy You Might Also Like Shop Original Cookies SF Clothing At Sale Price. Get Up To 30% Off On Cookies SF Clothing From Online Store. Free Shipping Worldwide. Shop Original Cookies SF Clothing At Sale Price. Get Up To 30% Off On Cookies SF Clothing From Online Store. Free Shipping Worldwide. 21-CV-05002 (RA) 09-22-2022 ROBERT G. LOPEZ, an individual, Plaintiff, v. COOKIES SF, LLC, COOKIES CREATIVE CONSULTING & PROMOTIONS, INC., NANA & POP CORP., DAFF INTERNATIONAL, LLC d/b/a Cannamerica, FLUIDS MANUFACTURING, INC. d/b/a Heavy Hitters, DEPARTMENT Z, INC. d/b/a 22 RED, EPD CONSULTING, LLC d/b/a Lift Tickets, and ADAKAI HOLDINGS, LLC d/b/a Huxton Defendants. MEMORANDUM OPINION & ORDER RONNIE ABRAMS, United States District Judge: Plaintiff Robert Lopez, proceeding pro se, commenced this action alleging trademark infringement, unfair competition, and unjust enrichment. His claims arise from the alleged commercial use of certain NEW YORK CANNABIS and NYC NEW YORK CANNABIS marks (the “Cannabis Marks”) through the sale of curated boxes of cannabis products and related merchandise packaged and delivered to subscribers. Now before the Court are a motion to dismiss filed by Defendant Fluids Manufacturing, Inc. (“Fluids”), and another filed by Defendants Cookies SF, LLC and Cookies Creative Consulting & Promotions, Inc. (the “Cookies Entities”). For the following reasons, the motions are granted. BACKGROUND The following facts are drawn from the Complaint and are assumed to be true for the purposes of this motion. See Stadnick v. Vivint Solar, Inc., 861 F.3d 31, 35 (2d Cir. 2017). Since 1997, Plaintiff Lopez, a citizen of New York, has sold headwear, t-shirts, hoodies, and other clothing items in New York City under the LOWER EAST SIDE or LES brand name. Compl. ¶ 14. In 2010, Plaintiff expanded his retail brand to include items for sale under the LOYALTY EQUALS STRENGTH moniker. Id. ¶¶ 15-16. In 2019, Plaintiff expanded his brand once again, this time introducing various items bearing a NEW YORK CANNABIS logo. Id. ¶¶ 19-20. He sold clothing and merchandise at his retail store in New York City until it was closed in March 2020 due to the COVID-19 pandemic. Id. ¶ 19. Subsequently, Plaintiff began offering online information and news regarding cannabis products and the cannabis industry, as well as product placement and other similar services using the Cannabis Marks. Id. ¶ 21. His retail store reopened in late 2020, and Plaintiff has since been building an intellectual property “portfolio” for his NYC NEW YORK CANNABIS brand. Id. ¶¶ 20, 25. Plaintiff claims in relevant part that he has “exclusive use” rights of the Cannabis Marks in commerce for the sale of apparel, smoking accessories, and other similar products and merchandise. Id. ¶ 26. He alleges that he has applied to federallyComments
IPhone Screenshots Cookies SF is the brainchild of Bay Area recording artist and entrepreneur Berner. Check the app for exclusive content and drops! What’s New • New and improved user accounts• Easier and faster checkout • View and keep track of your orders Ratings and Reviews Big boss Cookies Everything I have purchased has been exquisite in value and style! I will keep coming back for more and more products! 🍪🥠🍪🥠 get those threads #cookiesplur Better than website The app is way easier to use than the website Best in the world Cookies is my favorite clothing brand ever never lets me down and I just ordered the shoes so I’m excited for those 10/10 online store 🤘🏼 App Privacy The developer, Cookies SF, indicated that the app’s privacy practices may include handling of data as described below. For more information, see the developer’s privacy policy. Data Used to Track You The following data may be used to track you across apps and websites owned by other companies: Identifiers Data Linked to You The following data may be collected and linked to your identity: Contact Info Data Not Linked to You The following data may be collected but it is not linked to your identity: Purchases Identifiers Usage Data Diagnostics Privacy practices may vary, for example, based on the features you use or your age. Learn More Information Seller Cookies SF LLC Size 104.1 MB Category Lifestyle Compatibility iPhone Requires iOS 15.0 or later. iPod touch Requires iOS 15.0 or later. Mac Requires macOS 12.0 or later and a Mac with Apple M1 chip or later. Apple Vision Requires visionOS 1.0 or later. Languages English, Arabic, Croatian, Dutch, Filipino, Finnish, French, German, Hebrew, Hindi, Indonesian, Italian, Japanese, Malay, Norwegian Bokmål, Polish, Portuguese, Romanian, Simplified Chinese, Spanish, Swedish, Thai, Traditional Chinese Copyright © 2024 Cookies SF LLC Price Free Developer Website App Support Privacy Policy Developer Website App Support Privacy Policy You Might Also Like
2025-04-1721-CV-05002 (RA) 09-22-2022 ROBERT G. LOPEZ, an individual, Plaintiff, v. COOKIES SF, LLC, COOKIES CREATIVE CONSULTING & PROMOTIONS, INC., NANA & POP CORP., DAFF INTERNATIONAL, LLC d/b/a Cannamerica, FLUIDS MANUFACTURING, INC. d/b/a Heavy Hitters, DEPARTMENT Z, INC. d/b/a 22 RED, EPD CONSULTING, LLC d/b/a Lift Tickets, and ADAKAI HOLDINGS, LLC d/b/a Huxton Defendants. MEMORANDUM OPINION & ORDER RONNIE ABRAMS, United States District Judge: Plaintiff Robert Lopez, proceeding pro se, commenced this action alleging trademark infringement, unfair competition, and unjust enrichment. His claims arise from the alleged commercial use of certain NEW YORK CANNABIS and NYC NEW YORK CANNABIS marks (the “Cannabis Marks”) through the sale of curated boxes of cannabis products and related merchandise packaged and delivered to subscribers. Now before the Court are a motion to dismiss filed by Defendant Fluids Manufacturing, Inc. (“Fluids”), and another filed by Defendants Cookies SF, LLC and Cookies Creative Consulting & Promotions, Inc. (the “Cookies Entities”). For the following reasons, the motions are granted. BACKGROUND The following facts are drawn from the Complaint and are assumed to be true for the purposes of this motion. See Stadnick v. Vivint Solar, Inc., 861 F.3d 31, 35 (2d Cir. 2017). Since 1997, Plaintiff Lopez, a citizen of New York, has sold headwear, t-shirts, hoodies, and other clothing items in New York City under the LOWER EAST SIDE or LES brand name. Compl. ¶ 14. In 2010, Plaintiff expanded his retail brand to include items for sale under the LOYALTY EQUALS STRENGTH moniker. Id. ¶¶ 15-16. In 2019, Plaintiff expanded his brand once again, this time introducing various items bearing a NEW YORK CANNABIS logo. Id. ¶¶ 19-20. He sold clothing and merchandise at his retail store in New York City until it was closed in March 2020 due to the COVID-19 pandemic. Id. ¶ 19. Subsequently, Plaintiff began offering online information and news regarding cannabis products and the cannabis industry, as well as product placement and other similar services using the Cannabis Marks. Id. ¶ 21. His retail store reopened in late 2020, and Plaintiff has since been building an intellectual property “portfolio” for his NYC NEW YORK CANNABIS brand. Id. ¶¶ 20, 25. Plaintiff claims in relevant part that he has “exclusive use” rights of the Cannabis Marks in commerce for the sale of apparel, smoking accessories, and other similar products and merchandise. Id. ¶ 26. He alleges that he has applied to federally
2025-04-16Register his Cannabis Marks with the U.S. Patent & Trademark Office. Id. ¶¶ 31-35. Plaintiff is also a “frequent litigant” in this district, Lopez v. Nike, Inc., No. 20-cv-905 (PGG) (JLC), 2021 WL 128574, at *16 n.14 (S.D.N.Y. Jan. 14, 2021), having filed numerous suits against various corporate entities for alleged trademark infringement and other related Lanham Act claims. See, e.g., Lopez v. Adidas Am., No. 19-cv-7631 (LJL), 2020 WL 2539116 (S.D.N.Y. May 19, 2020) (granting motion to dismiss); Lopez v. Bonanza.com, No. 17-cv-8493 (LAP), 2019 WL 5199431 (S.D.N.Y. Sept. 30, 2019) (same); Lopez v. BigCommerce, Inc., No. 16-cv-8970 (JPO), 2017 WL 3278932 (S.D.N.Y. Aug. 1, 2017) (same); Lopez v. Gap, Inc., 883 F.Supp.2d 400 (S.D.N.Y. 2012) (granting summary judgment). As such, as one judicial colleague recently observed, “it is at least arguable whether he should continue to receive special solicitude from the Court notwithstanding his pro se status.” Nike, 2021 WL 128574, at *16 n.14. Notably, Plaintiff was recently enjoined from commercially using the same trademarks (or confusingly similar variations) at the core of his allegations in this action. See City of New York v. Lopez, No. 21-cv-7862 (JPO), 2021 WL 6063839, at *5-6 (S.D.N.Y. Dec. 21, 2021). Cookies SF, LLC is a limited liability company based in San Rafael, California; Cookies Creative Consulting & Promotions, Inc. is a California corporation based in San Francisco. Compl. ¶¶ 6-7. Together, the Cookies Entities sell cannabis and cannabis related products and clothing through various online and mail sources. Id. ¶ 40. Fluids Manufacturing, Inc. is a California corporation based in Pasadena which distributes cannabis products and sells related merchandise and apparel under the brand HEAVY HITTERS. Id. ¶¶ 10, 71. For the purposes of this opinion and order, and given their pending motions to dismiss, Fluids and the Cookies Entities are hereafter referred to collectively as “Defendants.” Although Plaintiff initially filed this action against eight named entities, at a conference held on October 18, 2021, he stated that he would not be pursuing claims against four defendants who had not been served: Daff International, LLC; Department Z, Inc.; EPD Consulting, LLC; and Adakai Holdings, LLC. The Court indicated at that conference that, if these defendants were not served by October 29, 2021, they would be dismissed without prejudice. Dkt. 38. In addition to Fluids and the Cookies Entities, the only remaining defendant, Nana & Pop Corp., has filed an answer to
2025-04-14