BOISE, Idaho (AP) - Cigarette maker Philip Morris USA has sued a Fruitland store owner, alleging the store is selling counterfeit cigarettes.

In the lawsuit filed Friday in U.S. District Court, Philip Morris claims The Orchard Store has been selling fake Marlboro and Marlboro Lights cigarettes, infringing on the company's trademark.

"In a blatant attempt to profit from Philip Morris USA's substantial investment in its Marlboro marks, defendant has sold cigarettes in packaging that bears spurious marks that are either identical with or substantially indistinguishable from the Marlboro marks," the company claims.

The owner of The Orchard Store, Alberto Gonzalez, said he does not even sell whole packs of cigarettes at his store. Instead, he said, he occasionally sells individual cigarettes. Gonzalez said he has never carried Marlboro brand cigarettes in his convenience store, and has not yet seen the lawsuit.

"I only have sold Camels and Winstons, and I don't even sell a whole pack. Right now I only have four packs or eight packs in the entire store," Gonzalez said.

Philip Morris claims it discovered the alleged counterfeits after someone hired as a "purchaser" for the company bought some packs from The Orchard Store and sent them to a company facility, according to the lawsuit.

"Philip Morris then examined them using a series of proprietary inspection methods and conclusively determined one or more of the packs purchased from defendant's retail establishment is counterfeit," the company said in the lawsuit.

Philip Morris is asking a judge to stop the store from selling any phony Marlboros, to order the store to turn over all profits from the fakes and to pay other damages and attorney's fees.

Dana Bolden, a spokesman for Philip Morris, said he could not comment on any specific lawsuit, but said lawsuits over trademark infringement or counterfeit cigarettes are not uncommon for the company.

"We've filed suits against numerous retailers, importers or wholesalers," over allegedly counterfeit cigarettes, Bolden said.