RICHMOND, Va. -- Philip Morris USA filed a lawsuit in federal court late last week in the Central District of California against Nice Pak Products Inc. of Orangeburg, N.Y. The lawsuit is aimed at stopping the importation, distribution and sale of counterfeit cigarettes and the unauthorized use of PM USA's trademarks.
This suit arises from a seizure by the U.S. Bureau of Customs & Border Protection at the Port of Los Angeles on Aug. 24, 2007. Nice Pak Products was listed on Customs' Notice of Seizure as the importer of record of 26,900 cartons of counterfeit Marlboro cigarettes.
"[image-nocss] Trafficking in counterfeit cigarettes is illegal, and we do not want our trademarks misused," said Charlie Whitaker, vice president of compliance and brand integrity for Philip Morris USA. "This represents the latest in a series of actions we are taking to protect our brands and the law abiding businesses that sell them from unfair competition."
PM USA said it pursues numerous strategies to address the sale of counterfeit, illegally imported, stolen and untaxed or under-taxed cigarettes. The company said it actively supports the efforts of authorities to enforce laws related to the cigarette trade; advocates for enhanced federal and state legislation to address the sale of contraband cigarettes; and pursues litigation or other actions against those who violate PM USA's trademark rights, contracts or trade policies.
This action is part of the company's continuing civil litigation effort against importers of counterfeit cigarettes, it added. Over the past four years, PM USA has filed 29 other cases against counterfeit importers in federal courts in California, Florida, New York and Texas. In these cases, it has prevailed against dozens of individuals and entities involved in the importation of counterfeit cigarettes.
Richmond, Va.-based PM USA is an operating company of Altria Group Inc., New York.
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