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LA Rocks v Alex & Ani - Complaint

LA Rocks v Alex & Ani - Complaint

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Published by slburstein
LA Rocks v Alex & Ani - Complaint
LA Rocks v Alex & Ani - Complaint

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Published by: slburstein on May 29, 2013
Copyright:Attribution Non-commercial

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07/30/2013

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1
Milord A. Keshishian, SBN
197835
rnilord(a),milordlaw .com
2
Arrnen Manasserian, SBN
288199
arrnen(a),milordlaw.corn
3
MILORD
&
ASSOCIATES, P.C.
2049
Century Park East, Suite
3850
4
Los
Angele~
California
90067
Tel:
(3IU)
2L6-7878
1
r·-....-
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5
Fax: (31 0) 226-7879
~6
Attorney~
for Plaintiff
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2728
LA GEM
&
JEWELRY DESIGN, INC.
UNITED STATES
DISTRICT
COURT
CENTRAL DISTRICT
OF
CALIFORNIA
LA GEM
&
JEWELRY DESIGN,
c
43-.:
3
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INC., a California Corporation dba LA ) ·ROCKS, )
COMPLAINT
FOR:
Plaintiff,vs.
)
)
)
)
)
)
1.
Lanham
Act
§
43(a)
Unfair
Competition
and
FalseAdvertising2. False
Patent
Marking
35 U.S.C
§
292) 3. Declaration
of
Non-Infringement,ALEX AND ANI, LLC, a Rhode Island) Invalidity,
and
Unenforceability
of
limited liability company,
o.f'lc).
OoES
)
Design
Patent
1-1!)
I
l'f\c\v-s'\le, )
4. Declaration
of
Trade
Dress Non-Defendant.
)
)
) 5.
)
)
)
Infringement,
Invalidity,
and
Unenforceability
Unfair
Competition
and
FalseAdvertising
Under
California
Law
)
JURY
TRIAL
DEMANDED
!
..
J
-1-
COMPLAINT-
Jury
Demand
 
1
2
3
4
5
Plaintiff
LA
Gem & Jewelry Design, Inc. ("LA Gem") by and through itsundersigned attorneys, sues Alex and Ani, LLC ("Alex"), and alleges:
THE PARTIES
1.
Plaintiff
LA
GEM
is a California corporation having a place
of
business in
6
Los Angeles, California.
LA
GEM also conducts business under its
LA
ROCKS service
7
mark.
8
2.
Upon information and belief, Defendant Alex is a Rhode Island limited
9
liability company. Alex conducts business and sells merchandise across the country,
1 O
including California and this District. Indeed, Alex boasts on its website
11
<www.alexandani.com/blog/alex-and-ani-conquered-los-angeles/> that "Alex And Ani
12
Conquered Los Angeles!" at its "Bangle Bar Party" sales and marketing event in Los
~ ~
13
Angeles, California. Further, Alex operates an e-commerce website located at
~
.~
ro
~til_~~
14
<www alexandani.com>, which distributes products throughout the United States,
g~C)~
~
~
~
~
15
including California and this District.
oll
i:'~~
;JE-;;e
16
gu.s
:E~
17
JURISDICTION AND VENUE
18
3.
The Court has jurisdiction over the subject matter
of
this action pursuant to
19
28 U.S.C.
§§
1331, 1338(a), 35 U.S.C. § 292, the Lanham Act,
15
U.S.C. §§ 1125 and
20
1121
et seq., and pursuant to 28 U.S.C.
§§
220l(a)
and 2202. The Court also has
21
supplemental jurisdiction pursuant to 28 U.S.C. § 1367(a).
22
4. This Court has personal jurisdiction over Defendant Alex because, by
2 3
engaging in at least the conduct itemized above, it has purposely directed its activities to
2 4
California and this District and purposely availed itself
of
the benefits and protections
of
25
the laws
of
California, including this District. Further,
Alex's
contacts with the State
of
2 6
California and this District are significant and pervasive, including hosting marketing and
2 7
sales events in Los Angeles, and having sales representatives, dealers, and distributors
2 8
located in California and this District, and selling products directly to consumers in
-2-
COMPLAINT-
Jury
Demand
 
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2728
California and this District through its e-commerce website.
5.
Venue is proper in this judicial distr.ict pursuant to 28 U.S.C. §139l(b) and(c), and § 1400(b) because Defendants conduct business in this District, reside in thisDistrict, and/or a substantial part
of
the events or omissions giving rise to the claimoccurred in this District.
FACTS COMMON
TO
ALL COUNTS
6.
LA GEM
is
a designer and creator
of
ewelry whose jewelry pieces are sold
by
numerous national retailers.
7.
In or about 2006, LA GEM independently created
.an
expandable banglejewelry
roduc~
based on public domain works, including designs from the Victorian era("LA Gem Bangle"). The LA Gem Bangle
is
soid in packaging bearing the "Love ThisLife" trademark, which mark is also displayed
on
at least one charm. The following
is
anexample
of
one LA Gem Bangle:
8.
Although the bangle's functional portion
is
repeated in the LA GemBangles, LA GEM has numerous pendants moveably mounted on the bangle.
-3-'
COMPLAINT
Jury
Demand

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