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Christian Louboutin S.A.S. v. Alba Footwear et al., 13 Civ. 3536 (S.D.N.Y.) (Complaint, filed May 24, 2013)

Christian Louboutin S.A.S. v. Alba Footwear et al., 13 Civ. 3536 (S.D.N.Y.) (Complaint, filed May 24, 2013)

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For commentary on this case, visit http://www.lawoffashion.com/blog/story/06/01/2013/196 ("Why Alba Footwear should pick up where YSL left off in defending against Louboutin...")
For commentary on this case, visit http://www.lawoffashion.com/blog/story/06/01/2013/196 ("Why Alba Footwear should pick up where YSL left off in defending against Louboutin...")

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Categories:Types, Business/Law
Published by: Charles Colman Law, PLLC on Jun 01, 2013
Copyright:Attribution Non-commercial

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06/04/2013

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Case 1:13-cv-03536-PAC Document 1 Filed 05/24/13 Page 1 of 18
·-·
JUDGE
CROTgiTED
STATES
DISTRICT COURT
SOUTHERN
DISTRICT
OF
NEW YORK
CHRISTIAN
LOUBOUTfN
S.A.S.,
CHRISTIANLOUBOUTIN
L.L.C.
and
CHRISTIAN
LOUBOUTIN,
Plaintiffs,
v.
ALBA
FOOTWEAR,
LLC, EASY
PICKINS,INC.,
ALAN
H. W
ARSHAK,
JQ[{N
DOES and JANE DOES
Z
(UNIDENTIFIED) AND
XYZ
COMPANIES
(UNJDENTJFIED),
X
Defendants.
X
COMPLAINT
CIVIL
ACTION
NO.:
13
ClV
3536
Plaintiffs, Christian Louboutin S.A.S.,
Christian
Louboutin
L.L.C.
and
ChristianLoubouti.n (coJiectively, file this Complaint and state as follows:
JURISDICTION
AND
VENUE
1.
This is an action for injunctive
relief
and damages for trademark infringement,trademark counterfeiting, trademark dilution, unfair competition and false designation
of
originarising under the Trademark
Act
of
1946,
15
U.S.C. §§ 1051,
etseq.,
as amended
by
theTrademark Counterfeiting Act
of
1984, Public
Law
98-473 (the
uLanham
Act"), and fortrademark infringement, trademark dilution, trademark counterfeiting, unfair competition anddeceptive
acts
and
practices
under the
laws
of
the State
York.
2.
Tltis Court has original jurisdiction over this action pursuant
to
28
U.S.C.
§§1331,
1332and 1338(a)and(b);
and
15
U.S.C. §§
II16and
1121.
ThisCourthasjurisdiction
M61
1S689834v
.l
 
Case 1:13-cv-03536-PAC Document 1 Filed 05/24/13 Page 2 of 18
pursuant
to
the principles
of
supplemental jurisdiction and 28 U.S.C. § 1367 over Plaintiffs'claims for trademark infringement, trademark dilution, trademark counterfeiting, unfaircompetition and deceptive acts and practices under the laws
of
the State
of
New York.
3.
This Court has personal jurisdiction over Defendants in that they do business inthe State
of
New
York. Venue
is
proper in this district pursuant to 28 U.S.C.
§§
1391
and1400(a) in that the Defendants are entities or individuals, which do business in this Districtand/
or
are subject to personal jurisdiction
in
this District. Moreover, a substantial part
of
theevents or omissions giving rise
to
the claims occurred in this District and relevant books andrecords together with the counterfeit goods sold by Defendants are located in this District.
THE PARTIES
4. Plaintiff Christian Louboutin S.A.S.
is
a corporation, organized and existing underthe laws
of
France, having its principal place
of
business at
19
rue de Jean-Jacques Rousseau,Paris, France 75001 ("Louboutin S.A.S."). Plaintiff also maintains a showroom and office at 306West
38th
Street, New York, NY, USA.
5.
Plaintiff Christian Louboutin, L.L.C. ("CLLLC") is a
New
York corporation witha principal place
of
business at 306 West
38th
Street,
New
York,
New
York 10018. CLLLC hasthe exclusive right to distribute and sell Louboutin Footwear, as defined below,
in
ChristianLouboutin retail premises (stand-alone shops and shop-in-shop), in the United States.6. Plaintiff Christian Louboutin is an individual and a citizen
of
the country
of
France. The Plaintiffs identified in Paragraphs 4, 5 and 6 shall be identified collectively as"Plaintiffs."
2
MEl 15689834v.l
 
Case 1:13-cv-03536-PAC Document 1 Filed 05/24/13 Page 3 of 18
7. Upon information and belief, Defendant Alba Footwear, LLC ("Alba")
is
alimited liability company having an address and conducting business at
933
Canada Court, City
of
Industry, CA 91748 and doing business on defendant's web sitehttp://www.albafootwear.com. Upon information and belief, Defendant Alba, transacts business,supplies and ships counterfeit and infringing versions
of
Plaintiffs' products into the State
of
New York and into this District. Upon information and belief, Defendant Alba sells itsinfringing and counterfeit versions
of
Plaintiffs' products within the State
of
New York and
in
this District.
8.
Upon information and belief, Defendant Easy Pickins, Inc. ("Easy Pickins") is aNew York corporation with its principal place
of
business located at 450 Seventh Avenue Suite701, New York, New York, 10123-0701. Easy Pickins conducts business at several stores inNew York
as
well
as
on defendant's web site http://www.easypickins.com. Upon informationand Defendant Easy Pickins transacts business, supplies and ships counterfeit andinfringing versions
of
Plaintiffs' products into the State
of
New York and into this District.Upon information and belief, Defendant Easy Pickins sells its infringing and counterfeit versions
of
Plaintiffs' products within the State
of
New York and in this District. Upon information andbelief, Defendant Easy Pickins also sells infringing and counterfeit versions
of
Plaintiffs'products designed by others, including ALBA Footwear, LLC, within the State
of
New Yorkand in this District.
9.
Upon information and belief, Defendant Alan
H.
Warshak is an individualresiding
in
the State
of
New
Jersey, with an address
of
9 Tulip Court, Oakhurst, New Jersey,07755-1659. Upon information and belief, Defendant Alan Warshak is the President
of
EasyPickins and was responsible for any purchasing decisions that led
to
the company's sale
of
the
3
MEl
15689834v I

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