Speculative v. Mattson - Amended Complaint
Speculative v. Mattson - Amended Complaint
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WESTERN DIVISION
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Plaintiff,
v.
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alleges as follows:
PARTIES
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1.
Plaintiff, is now, and was at the time of the filing of the Complaint,
authorized and licensed to conduct business in the State of California with its
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MATTSON, is now, and was at the time of the filing of the Complaint an
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3.
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4.
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STU DISTRIBUTION SERVICES, LLC, is now, and was at the time of the filing
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of the Complaint, a Texas Limited Liability Company, with its principal place of
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5.
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MD5 TECHNOLOGIES, is now, and was at the time of the filing of the
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Texas.
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6.
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their creation, now, and at all times relevant to this Complaint, Defendants STU
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not have sufficient funding to assume responsibility for their foreseeable and
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actual liabilities.
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Plaintiff further alleges, on information and belief, that since the time
of their creation, now, and at all times relevant to this Complaint, Defendants STU
DISTRIBUTION
undercapitalized.
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SERVICES,
LLC
and
MD5
TECHNOLOGIES
were
Plaintiff further alleges, on information and belief, that since the time
of their creation, now, and at all times relevant to this Complaint, Defendants STU
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jurisdiction of the United States District Court for the Central District of
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California by offering counterfeit goods for sale and distributing said goods to
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third-party entities located in the State of California, that infringe upon Plaintiffs
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names.
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When the true names and capacities of said defendants have been
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TECHNOLOGIES, and DOES 1-10, inclusive, sued herein by fictitious names are
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jointly, severally and concurrently liable and responsible with the named
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SERVICES, LLC, MD5 TECHNOLOGIES, and DOES 1-10, inclusive, and each
of them, were the agents, servants and employees of every other Defendant and
the acts of each defendant, as alleged herein, were performed within the course
Defendants).
JURISDICTION / VENUE
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13.
This Court has Federal subject matter jurisdiction over this matter
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pursuant to 28 U.S.C. 1331 and 1338(a) and (b), in that the case arises out of
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and dilution under the Lanham Act (15 U.S.C. 1051 et seq.), copyright
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infringement under the Copyright Act (17 U.S.C. 501(a)), and design patent
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infringement under the U.S. Patent Act (35 U.S.C. 1 et seq.); and this Court has
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14.
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in this district and/or Defendants have sufficient minimum contacts with this
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district such that the exercise of jurisdiction over Defendants by this Court does
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not offend traditional notions of fair play and substantial justice. Among other
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things, Defendants have advertised, offered to sell, sold, and distributed products
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consumers within this judicial district. Defendants have also offered to sell, sold,
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throughout the United States, including within this judicial district, would
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purchase said counterfeit goods from Defendants, believing that they were
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manufacturers.
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in this judicial district, have purposefully directed action to California and this
the laws of the State of California, such that this Courts assertion of jurisdiction
over Defendants does not offend traditional notions of fair play and due process.
16.
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on information and belief, a substantial part of the events or omissions giving rise
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to the claim occurred in this judicial district, and has caused damages to Plaintiff
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California. Defendants actions within this district directly interfere with and
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GENERAL ALLEGATIONS
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California in 2001 as a form fit cellular telephone case company. Plaintiff creates
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gained numerous awards and recognition for its innovative products and designs.
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carrying cases for electronic devices, including but not limited to, portable
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electronic listening devices and music players, namely, mp3 players, and for
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portable computers, global positioning systems (GPS devices), mobile and cellular
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products such as the Apple iPhone, Apple iPad, Apple iPod, Apple
Kindle 3.
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consumer electronics industry. Plaintiff offers over 250 products which are sold
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consumer recognition and awareness of its marks. Through the extensive use of
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the Plaintiffs marks, Plaintiff has built up and developed significant goodwill in
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its entire product line. A wide array of newspapers, magazines and television
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A.
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August 4, 2009, for use on or in connection with protective carrying cases for
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portable electronic listening devices and music players, namely, mp3 players, and
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for portable computers, global positioning systems (GPS devices), mobile and
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B.
with protective carrying cases for portable electronic listening devices and music
players, namely, mp3 players, and for portable computers, global positioning
systems (GPS devices), mobile and cellular telephones, portable media players,
and personal digital assistants, in Class 9 (U.S. CLS. 21, 23, 26, 36 and 38);
C.
listening devices and music players, namely, mp3 players, and for portable
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telephones, portable media players, and personal digital assistants, in Class 9 (U.S.
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D.
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registered on July 13, 2010, for use on or in connection with protective carrying
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cases for mp3 players, mobile and cellular telephones, portable media players, and
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personal digital assistants in Class 9 (U.S. CLS. 21, 23, 26, 36 and 38). Attached
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hereto as Exhibits A-D are true and correct copies of the certificates of
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Republic of China.
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A.
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May 6, 2011);
B.
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C.
D.
E.
F.
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VA1879036
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Copyrights).
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(Registered
November
20,
2012)
(hereinafter
Plaintiffs
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Patent, patent no. US 8,204,561 B2, for its one piece co-formed exterior hard
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shell case with an elastomeric liner for mobile electronic devices. Attached
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given time, there are millions of items listed on eBay.com for purchase by its
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offered to sell and sold within the United States (including within this judicial
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imported said Counterfeit Goods into the United States, or encouraged others to
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import said Counterfeit Goods into the United States, for the purpose of reselling
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the Counterfeit Goods in the United States and within the Central District of
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California.
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Defendants own and operate at least two (2) known web stores on
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these web stores, Defendants regularly and systematically used Plaintiffs Marks
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in advertising and marketing and distributed and sold Counterfeit Goods bearing
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Design Patent.
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jurisdiction and were received with a shipping label identifying the sender as
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Patrick Mattson. A true and correct copy of the PayPal electronic payment
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inspection of the purchased item using security measures confirmed that the item
CANDYSHELL product.
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Plaintiffs
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by Defendants into Los Angeles, California within this Courts jurisdiction and
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34.
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inspection of the purchased item using security measures confirmed that the item
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CANDYSHELL product.
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35.
Plaintiffs
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Defendants
also
intentionally and
knowingly delivered
the
Plaintiff would not have been able to make a purchase of the subject products.
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Plaintiffs Marks to confuse consumers and aid in the promotion and sales of their
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39.
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Plaintiffs Marks, and after Plaintiff obtained trademark, copyright, and patent
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registrations alleged above. Neither Plaintiff nor any authorized agents have
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Plaintiffs Patent.
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confuse and deceive, the consuming public concerning the source and sponsorship
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others to import Counterfeit Goods in this manner was and is likely to cause
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Counterfeit Goods.
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encouraged others to import for purpose of resale within the United States
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Patent. Defendants use of such marks, copyrights, and patent was done without
Plaintiffs authorization.
10, Inclusive)
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allegations set forth elsewhere in this First Amended Complaint as though fully
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proven at trial.
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Marks belonged to Plaintiff, that the Counterfeit Goods were in fact counterfeit,
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and that Defendants were not authorized to use Plaintiffs Marks on the
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therefore reserves the right to elect, at any time before final judgment is entered in
(2).
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Plaintiff
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allegations set forth elsewhere in this First Amended Complaint as thought fully
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1125 have caused, and will continue to cause, Plaintiff irreparable harm unless
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10, Inclusive)
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allegations set forth elsewhere in this First Amended Complaint as though fully
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long after Plaintiffs Marks became famous, and Defendants acted knowingly,
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deliberately and willfully with the intent to trade on Plaintiffs reputation and to
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mislead, betray, and defraud consumers to believe that the substandard imitations
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complained of herein have diluted and will continue to dilute Plaintiffs Marks,
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and are likely to impair the distinctiveness, strength and value of Plaintiffs
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Marks, and injure the business reputation of Plaintiff and its marks.
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for the damages that have been caused and which will continue to be caused by
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57.
1116, 1117, 1118, and 1125(c), including Defendants profits, treble damages,
10, Inclusive)
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allegations set forth elsewhere in this First Amended Complaint as thought fully
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trial, loss of money or property, and diminution in the value of its trademarks,
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Business & Professions Code 17203. In addition, Plaintiff requests that the
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Court order that Defendants disgorges all profits wrongfully obtained as a result of
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///
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62.
allegations set forth elsewhere in this First Amended Complaint as thought fully
63.
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having numerous registrations and applications relating to the same pending with
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65.
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Plaintiffs Copyrights.
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alleged herein has caused and will continue to cause substantial and irreparable
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harm to Plaintiff and has and will continue to cause damage to Plaintiff. Plaintiff
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allegations set forth elsewhere in this First Amended Complaint as though fully
set forth in this cause of action.
69.
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Plaintiff is the owner of the federally registered utility patent with the
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by using, selling and/or offering to sell, in the United States and/or importing into
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the United States, Counterfeit Goods which utilize Plaintiffs Patent. By their
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Plaintiffs Patent.
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Plaintiff has been and will be irreparably and permanently harmed; wherefore
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to, among other things, an order enjoining and restraining Defendants from further
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proven at trial, and award of treble damages, and its reasonable attorneys fees and
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costs.
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1114(a);
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judgment;
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6. For $2,000,000 per counterfeit mark, per type of goods sold, offered for
sale, or distributed under 15 U.S.C. 1117(c)(2);
7. For an award of Defendants profits and Plaintiffs damages in an amount
to be proven at trial for copyright infringement under 17 U.S.C. 501(a);
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judgment;
17200;
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13.For an order from the Court requiring that Defendants provide complete
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and return or pay their ill-gotten gains obtained from the illegal
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monies that should have been paid if Defendants complied with their
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14.For an order from the Court that an asset freeze or constructive trust be
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24.For such other and further relief as the Court may deem just and
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equitable.
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Rule 38-1.
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Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
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Exhibit F
Exhibit G
PROOF OF SERVICE
I am a resident of the State of California, over the age of eighteen years, and
not a party to the within action. My business address is Johnson & Pham, LLP,
6355 Topanga Canyon Blvd., Suite 326, Woodland Hills, California 91367. On
November 25, 2014, I served the within document(s):
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PROOF OF SERVICE