Indiana Intellectual Property Law News
Authentic Product
Plaintiffs North Atlantic Operating Company, Inc. (NAOC), National Tobacco Company, L.P. (NTC), and Republic Technologies International S.A.S. (Republic) have brought claims of counterfeiting and trademark infringement against Indiana Import LLC, its owners Ameer A. Salama and Shaker M. Hussein, as well as Areej 2020 Inc., doing business as Smoke & Vape Zone, an Ohio corporation.
The plaintiffs allege that the defendants have been selling and distributing counterfeit versions of their products, particularly cigarette rolling papers that carry imitations of their ZIG ZAG™ and NORTH ATLANTIC OPERATING COMPANY™ trademarks. Investigators working for the plaintiffs claimed to have been able to make multiple purchases from 2023 through 2025, buying large quantities of rolling papers directly from Indiana Import’s business address, the owners’ residences in Fishers, Indiana, and from Smoke & Vape Zone in Hamilton, Ohio. The plaintiffs claim the seized items used counterfeit versions of their marks and were sold at prices well below those of authentic ZIG-ZAG™ products.
Central to the lawsuit are the plaintiffs’ intellectual property rights. Republic owns the famous ZIG-ZAG™ trademarks, which include:
Alleged Counterfeit Product
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(Stylized), Reg. No. 610,530 (Aug. 16, 1955) – for cigarette paper. - ZIG ZAG (Word Mark), Reg. No. 1,127,946 (Dec. 18, 1979) – for cigarette papers.
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SMOKING MAN (With Border) Reg. No. 2,169,540 (June 30, 1998) – for cigarette papers. -
SMOKING MAN Design (No Border), Reg. No. 2,169,549 (June 30, 1998) – for cigarette papers.
North Atlantic Operating Company also owns its own federally registered trademarks, including:
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No. 2,664,695 (Dec. 17, 2002) – for cigarette papers and cigarette tubes. - No. 2,664,694 (Dec. 17, 2002) – for distributorships in the field of tobacco products and smokers’ accessories.
- NORTH ATLANTIC OPERATING COMPANY, Reg. No. 2,610,473 (Aug. 20, 2002) – for cigarette papers and cigarette tubes.
- NORTH ATLANTIC OPERATING COMPANY, Reg. No. 2,635,446 (Oct. 15, 2002) – for distributorships in the field of tobacco products and smokers’ accessories.
The plaintiffs argue that these trademarks have become widely recognized and are associated with quality and authenticity. They claim the defendants’ counterfeit products are of lower quality and may mislead consumers into thinking they are genuine. They also argue that the counterfeiting harms their reputation, diminishes the value of their marks, and results in financial losses.
The lawsuit includes claims of trademark infringement and counterfeiting under federal law, false designation of origin, dilution of famous marks, unfair competition, unjust enrichment, and multiple violations of Indiana law, including theft, conversion, counterfeiting, and forgery.
The plaintiffs are asking the court to permanently bar the defendants from selling counterfeit products, to require destruction of all counterfeit inventory, and to award damages. They seek recovery of lost profits, disgorgement of the defendants’ earnings, statutory damages, treble damages under Indiana law, attorneys’ fees, and punitive damages.
The companies have requested a jury trial, setting the stage for a high-profile dispute over the protection of one of the most recognizable names in the rolling paper market.
The case has been assigned to Judge Richard L. Young and Magistrate Judge Mark J. Dinsmore in the U.S. District Court of Southern Indiana Case No. 1:25-cv-01592.