Case 2:15-cv-06015-DRH-AYS Document 26 Filed 01/22/16 Page 1 of 9 PageID #: 389

Efrem Schwalb
Steven E. Frankel
GOLDBERG & RIMBERG, PLLC
115 Broadway, Suite 302
New York, New York 10006
Telephone: (212) 697-3250
Attorneys for Defendant F&E Trading LLC,
a New Jersey Limited Liability Company
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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:
:
CANON U.S.A. INC.,
:
Plaintiff,
:
:
-against:
:
:
F & E TRADING LLC, a New York Limited
:
Liability Company, D/B/A BIG VALUE, INC.,
:
ELECTRONICS VALLEY, ELECTRONICS BASKET,
:
DAVISMAX, NETSALES AND SIXTH AVENUE; F & E :
TRADING LLC, a New Jersey Limited Liability
:
Company, D/B/A BIG VALUE, INC., ELECTRONICS
:
VALLEY, ELECTRONICS BASKET, DAVISMAX,
:
NETSALES AND SIXTH AVENUE, AND ALBERT
:
HOULLOU,
:
:
Defendants.
:
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No. 2:15-cv-6015 (DRH)(AYS)

ANSWER OF
F & E TRADING LLC,
A NEW JERSEY LIMITED
LIABILITY COMPANY, TO
AMENDED COMPLAINT
JURY TRIAL DEMANDED

Defendant F & E Trading LLC, a New Jersey Limited Liability Company (F&E NJ),
through its undersigned counsel, for its answer to the Amended Complaint in this action
(Complaint), states as follows:1

The Complaint defines F&E to encompass both F&E NJ and F&E New York. F&E NJs
Answer is only with respect to F&E NJ.

Case 2:15-cv-06015-DRH-AYS Document 26 Filed 01/22/16 Page 2 of 9 PageID #: 390

1.

Denies the allegations of paragraph 1, except states that it sets forth Plaintiff

Canon U.S.A. Inc.s (CUSA) contention in this lawsuit.

2.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 2, except denies CUSAs definition of Genuine CANON Cameras.

3.

Denies the allegations of paragraph 3, except admits that F&E NJ is not an

authorized dealer or reseller of Canon cameras, and denies CUSAs definition of Gray Market
Cameras.
4.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 4.
5.

Denies the allegations of paragraph 5.

6.

Denies the allegations of paragraph 6.

7.

Admits the allegations of paragraph 7.

8.

Denies the allegations of paragraph 8, except admits that F&E NY was a New

York limited liability that was formed in 2008, with a registered service address of 337 East 89th
Street, Brooklyn, New York 11236, and states that F&E NY has not done business since 2010.
9.

Denies the allegations of paragraph 9, except admits that F&E NJ is a New Jersey

limited liability that was formed in 2010, with a principal place of business located at 245
Belmont Drive in Somerset, New Jersey 08873.
10.

Denies the allegations of paragraph 10, except admits that F&E NJ does or has

done business as F&E Trading.

11.

Denies the allegations of paragraph 11, except admits that F&E NJ is a wholesaler

and retailer of consumer electronics, including cameras, doing business inter alia, on the Internet
via various affiliated companies.

Case 2:15-cv-06015-DRH-AYS Document 26 Filed 01/22/16 Page 3 of 9 PageID #: 391

12.

Denies the allegations of paragraph 12, except admits that defendant Albert

Houllou (Houllou) is an individual residing at 3925 Bedford Avenue, Brooklyn, New York
11229, and that at all relevant times Houllou is and has been the President and CEO of F&E NJ,
and respectfully refers the Court to the referenced webpages for the true and complete contents
thereof.
13.

Paragraph 13 contains legal conclusions to which no response is required, but to

the extent a response is deemed necessary, F&E NJ denies such allegations.

14.

Paragraph 14 contains legal conclusions to which no response is required, but to

the extent a response is deemed necessary, F&E NJ denies such allegations.

15.

Paragraph 15 contains legal conclusions to which no response is required, but to

the extent a response is deemed necessary, F&E NJ denies such allegations, except admits that
F&E NY was located in New York and that Houllou resides in New York.
16.

Paragraph 16 contains legal conclusions to which no response is required, but to

the extent a response is deemed necessary, F&E NJ denies such allegations.

17.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 17.

18.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 18.

19.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 19.

20.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 20.

Case 2:15-cv-06015-DRH-AYS Document 26 Filed 01/22/16 Page 4 of 9 PageID #: 392

21.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 21.

22.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 22.

23.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 23.

24.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 24.

25.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 25.

26.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 26.

27.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 27.

28.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 28.

29.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 29.

30.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 30.

31.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 31.

Case 2:15-cv-06015-DRH-AYS Document 26 Filed 01/22/16 Page 5 of 9 PageID #: 393

32.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 32.

33.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 33.

34.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 34.

35.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 35.

36.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 36.

37.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 37.

38.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 38.

39.

Denies the allegations of paragraph 39, except admits that F&E NJ is aware of the

CANON Mark, and respectfully refers the Court to the referenced video for the true and
complete contents thereof.
40.

Denies the allegations of paragraph 40.

41.

Denies the allegations of paragraph 41.

42.

Denies the allegations of paragraph 42, except admits that Houllou is the

registrant/owner of the domain name http://www.fetrading.com, and respectfully refers the Court
to the referenced website and documents for the true and complete contents thereof.
43.

Denies the allegations of paragraph 43.

Case 2:15-cv-06015-DRH-AYS Document 26 Filed 01/22/16 Page 6 of 9 PageID #: 394

44.

Denies the allegations of paragraph 44.

45.

Denies the allegations of paragraph 45.

46.

Denies the allegations of paragraph 46.

47.

Paragraph 47 contains legal conclusions to which no response is required, but to

the extent a response is deemed necessary, F&E NJ denies such allegations.

48.

Denies the allegations of paragraph 48.

49.

Denies the allegations of paragraph 49.

50.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 50.

51.

Denies the allegations of paragraph 51.

52.

Denies the allegations of paragraph 52.

53.

Denies the allegations of the first sentence of paragraph 53, denies knowledge or

information sufficient to form a belief as to the truth of the allegations of the remainder of that
paragraph, and respectfully refers the Court to the referenced item for the true and complete
information thereof.
54.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 54.

55.

Denies the allegations of paragraph 55.

56.

Denies the allegations of paragraph 56.

57.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 57, and respectfully refers the Court to the referenced documents for the
true and complete contents thereof.
58.

Denies the allegations of paragraph 58.

Case 2:15-cv-06015-DRH-AYS Document 26 Filed 01/22/16 Page 7 of 9 PageID #: 395

59.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 59.

60.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 60, and respectfully refers the Court to the referenced item for the true
and complete information thereof.
61.

Denies the allegations of paragraph 61.

62.

Denies the allegations of paragraph 62.

63.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 63, and respectfully refers the Court to the referenced item for the true
and complete information thereof.
64.

Denies the allegations of paragraph 64.

65.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 65.

66.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 66, and respectfully refers the Court to the referenced item for the true
and complete information thereof.
67.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 67, and respectfully refers the Court to the referenced item for the true
and complete information thereof.
68.

Denies knowledge or information sufficient to form a belief as to the truth of the

allegations of paragraph 68.

69.

Denies f the allegations of paragraph 69.

Case 2:15-cv-06015-DRH-AYS Document 26 Filed 01/22/16 Page 8 of 9 PageID #: 396

ANSWER TO FIRST CAUSE OF ACTION

70.

In response to paragraph 70, F&E NJ repeats and incorporates by reference the

foregoing paragraphs of this Answer as if fully set forth herein.

71.

Paragraph 71 contains legal conclusions to which no response is required, but to

the extent a response is deemed necessary, F&E NJ denies such allegations.

ANSWER TO SECOND CAUSE OF ACTION
72.

In response to paragraph 72, F&E NJ repeats and incorporates by reference the

foregoing paragraphs of this Answer as if fully set forth herein.

73.

Paragraph 73 contains legal conclusions to which no response is required, but to

the extent a response is deemed necessary, F&E NJ denies such allegations.

AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
74.

This Court lacks personal jurisdiction over F&E NJ.

SECOND AFFIRMATIVE DEFENSE

75.

The Complaint, in whole or in part, fails to state a claim upon which relief can be

granted.
THIRD AFFIRMATIVE DEFENSE
76.

Plaintiffs claims are barred in whole or in part by the exhaustion doctrine/first

sale doctrine.
FOURTH AFFIRMATIVE DEFENSE
77.

Plaintiffs claims are barred by the doctrines of laches, acquiescence, and unclean

hands.

Case 2:15-cv-06015-DRH-AYS Document 26 Filed 01/22/16 Page 9 of 9 PageID #: 397

FIFTH AFFIRMATIVE DEFENSE

78.

Plaintiffs claims are barred by the doctrines of waiver and estoppel.

DEFENSES RESERVED

79.

F&E NJ expressly reserves its right to amend and/or supplement its Answer,

defenses, and all other pleadings.

JURY DEMAND
80.

F&E NJ hereby demands a jury trial of all issues so triable.

WHEREFORE, Defendant F&E NJ respectfully requests that the Court enter a judgment:
A.

In F&E NJs favor dismissing each of CUSAs claims against F&E NJ;

B.

Awarding F&E NJ its reasonable costs and fees, including attorneys fees; and

C.

Granting F&E NJ such other and further relief as the Court deems just and proper.

Dated: New York, New York

January 22, 2016
Respectfully submitted,

s/ Steven E. Frankel
Efrem Schwalb, Esq.
Steven E. Frankel, Esq.
GOLDBERG & RIMBERG PLLC
115 Broadway, Suite 302
New York, New York 10006
Phone: (212) 697-3250
ets@grlawpllc.com
sfrankel@grlawpllc.com
Attorneys for Defendant F&E Trading LLC,
a New Jersey Limited Liability Company