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Charles Philip Complaint

Charles Philip Complaint

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Published by: slburstein on Nov 13, 2012
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12/04/2012

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Case 2:12-cv-08932-DDP-MAN Document 1 Filed 10/17/12 Page 1 of 69 Page ID #:5
FILED
I ANDREAE. BATES, ESQ. SEN
192491
2
Abates@Bates-Bates.com
BATES
&
BATES, LLC
2012
OCT
17
Pt·112:
09
3
964 DeKalb Avenue, Suite
101
4 Atlanta, Georgia 30307Phone(404) 228-7439
CLE!lK U.S.
DIST;:;c;r
COURT
CENTRALDIST.
OF
CALIF.
LOS ANGELES
BY----···-·-·--
5
Fax (404) 963-6231
6
78
9
10
11
12
l3
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262728
Attorneys for PlaintiffsJumbo Bright Trading Limited
and
Charles Anthony Philip Pozzi,UNITED STATES DISTRICT COURTCENTRAL DISTRICT
OF
CALIFORNIAWESTERN DIVISIONJUMBO BRIGHT TRADING ) CastNo.
ev
2
-893
2.
~
D
LIMITED, a Hong Kong corporation, )
LfYI
and CHARLES
ANTHONY PHILIP ) COMPLAINT FOR:POZZI,
an
individual ) (1) False Designation
of
Origin
and
Plaintiffs,vs.THE
GAP,
INC.,
and
DOES 1 through
10
Defendants,) Unfair Competition Under the United) States Trademark
Act;
) (2) False Description
of
Fact
and
) Representations
and
False Adve1tisingUnder the United States Trademark Act;(3) Trademark Dilution Under theUnited States Trademark
Act;
(
4)
Trade Dress InfHngement UnderFederal Law;
(S)
Trademark DilutionUnder California State Law;
(6)
Common Law TrademarkInfringement;
(7)
Unfair Competition;(8) California Business
&
ProfessionsCode
§§
14245,
et seq.;
(9) Patent Infringement Under FederalLaw;
(1
0)
California Statuto1y Right
of
Publicity; Civil Code
§
3344;(
11)
Common Law Right ofPublicity;
and
(12) AccountingJURY TRIAL DEMANDED
'
• 1 .
COMPLAINT
 
Case 2:12-cv-08932-DDP-MAN Document 1 Filed 10/17/12 Page 2 of 69 Page ID #:6
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COMPLAINT
1.
Plaintiffs, Jumbo Bright Trading Limited ("Jumbo Bright") and CharlesAnthony Philip Pozzi, for their Complaint against Defendants The Gap, Inc. ("GAP")and DOES 1 through 10 allege as follows:
Nature
of
Action
2.
This
is
an action for trademark infringement, trade dress infringement,unfair competition, trademark dilution, patent infringement, right
of
publicity and otherrelated causes
of
action under federal, state and common law arising from theunauthorized use by Defendant
of
Jumbo Bright's CHARLES PHILIP and CPCHARLES PHILIP trademarks, the Striped Design on the Inside
of
a Shoe trademarkand the use
of
the Philip name.
The Parties
3.
Jumbo Bright is a Hong Kong Corporation with a principal place
of
business at 161-167 Des Voeux Road, Hong Kong Trade Center, 7 f, Central, HongKong.
4.
Charles Anthony Philip Pozzi is a United States citizen living abroad inMilan, Italy. Charles Anthony Philip Pozzi is an owner
of
Jumbo Bright TradingLimited and for that reason, Charles Anthony Philip Pozzi and Jumbo Bright will bereferred to collectively as "Jumbo Bright."
-
2-
COMPLAINT
 
Case 2:12-cv-08932-DDP-MAN Document 1 Filed 10/17/12 Page 3 of 69 Page ID #:7
2
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10
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5.
Upon information and belief, Defendant GAP is a Delaware Corporationwith a principal place
of
business at Two Folsom Street, San Francisco, California94105.
6.
Upon information and belief, Defendant GAP is engaged in the promotionand sale
of
various products in the United States, including in this District, throughtheir business, their distributors and through its website at www.gap.com.
7.
The
true names and capacities
of
Defendants DOES 1 through
10
areunknown to Plaintiffs, who therefore sues said Defendants by such fictitious names.Plaintiffs are informed and believe and thereon allege that each
of
the Defendantsdesignated herein as a fictitiously named Defendant is, in some manner, responsiblefor the events and happenings herein referred to, either contractually or tortuously, andcaused damage to the Plaintiffs as herein alleged. When Plaintiffs ascetiain the truenames and capacities
of
DOES 1 through 10, they will ask leave
of
this
Comito
amendI 9 their Complaint by setting forth the same.
20
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25
26
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8.
Plaintiffs are informed and believe and thereon allege that at all timesherein mentioned, each
of
the Defendants was and is an agent, servant, employeeand/or partner
of
each
of
the other Defendants, and all
of
the things alleged to havebeen done by said Defendants were done in the capacity, and as the agent, servant,employee, and/or patiner
of
the other Defendants.
-
3-
COMPLAINT

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