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Sweet People v. Freehug - Complaint

Sweet People v. Freehug - Complaint

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Published by slburstein
Sweet People v. Freehug - Complaint
Sweet People v. Freehug - Complaint

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Published by: slburstein on Jun 22, 2014
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06/23/2014

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12345678910111213141516171819202122232425262728JOHN C. ULIN (State Bar No. 165524)John.Ulin@aporter.comERIC D. MASON (State Bar No. 259233)Eric.Mason@aporter.comARNOLD & PORTER LLP777 South Figueroa Street, 44th Floor Los Angeles, California 90017-5844Telephone: (213) 243-4000Facsimile: (213) 243-4199
 Attorneys for Plaintiff  Sweet People Apparel, Inc.d/b/a Miss Me
UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIAWESTERN DIVISION
SWEET PEOPLE APPAREL, INC.d/b/a MISS ME, a Californiacorporation,Plaintiff,v.FREEHUG APPAREL, INC., aCalifornia corporation, XYZCOMPANIES 1-10, and JOHN ANDJANE DOES 1-10,Defendants.))))))))))))))))))))))))))))Case No.: 2:14-cv-4790
COMPLAINT FOR:
(1) Copyright Infringement in Violation of 17 U.S.C. § 501;(2) Trademark Counterfeiting andTrademark Infringement in Violation of 15 U.S.C. § 1114;(3) False Designation of Origin in Violationof 15 U.S.C. § 1125(a);(4) Common Law Trademark Infringementand Unfair Competition;(5) Unfair Competition in Violation of California Bus. & Prof. Code §§ 17200
et seq
.;
Case 2:14-cv-04790 Document 1 Filed 06/20/14 Page 1 of 22 Page ID #:1
 
123456789101112131415161718192021222324252627282Plaintiff Sweet People Apparel, Inc. d/b/a Miss Me (“Sweet People”), by andthrough its undersigned counsel, complains of Defendants Freehug Apparel, Inc.,XYZ Companies 1-10, and John and Jane Does 1-10 (collectively, “Defendants”),and alleges as follows:
NATURE OF THE ACTION
1. Sweet People seeks injunctive relief and damages for acts of copyrightinfringement, trademark counterfeiting and infringement, false designation of originand unfair competition, engaged in by Defendants in violation of the laws of theUnited States and the State of California.2. In particular, this case concerns Defendants’ willful infringement of twoof Sweet People’s most distinctive and popular designs used on and in connectionwith its highly successful line of MISS ME brand jeanswear products — namely,Sweet People’s Angel Wing Design (U.S. Copyright Registration No. VA 1-733-501)and FABRIC CUT OUT DESIGN (U.S. Trademark Registration No. 4,065,486).After substantial resources had been expended by Sweet People promoting andselling jeanswear products bearing these designs, and after consumers had come torecognize such designs and associate them exclusively with Sweet People,Defendants introduced jeanswear products with virtually identical designs.Defendants’ conduct was undertaken without Sweet People’s consent, and wasengaged in by Defendants deliberately so that they could compete directly with SweetPeople siphon off sales its popular MISS ME jeanswear line.
JURISDICTION AND VENUE
3. This Court has jurisdiction over this matter pursuant to 28 U.S.C. §§1331 and 1338, and 15 U.S.C. § 1121. Sweet People’s claims are predicated upon theCopyright Act of 1976, as amended, 17 U.S.C. § 101
 et seq
., the Trademark Act of 1946, as amended, 15 U.S.C. § 1051
 et seq
., and substantial and related claims under the statutory and common law of the State of California.4. Venue is properly founded in this judicial district pursuant to 28 U.S.C.
Case 2:14-cv-04790 Document 1 Filed 06/20/14 Page 2 of 22 Page ID #:2
 
123456789101112131415161718192021222324252627283§§ 1391(b)(1) and (2), because Defendants are either subject to personal jurisdictionwithin this judicial district, and/or because a substantial part of the events giving riseto Plaintiffs’ claims occurred within this judicial district.
THE PARTIES
5. Plaintiff Sweet People is a corporation duly organized and existing under the laws of the State of California, and maintains its principal place of business at4715 S. Alameda Street, Los Angeles, California 90058.6. Upon information and belief, Defendant Freehug Apparel, Inc. is acorporation duly organized and existing under the laws of the State of California, andmaintains its principal place of business within this judicial district at 1016 S. TowneAvenue, Suite 102, Los Angeles, California 90021.7. Upon information and belief, Defendant Freehug Apparel, Inc. is actingin conjunction with various Defendant XYZ Companies, denoted here as DefendantsXYZ Companies 1-10, and John and Jane Does, denoted here as Defendants John andJane Does 1-10, whose identities are not presently known. If the identities of these parties become known, Sweet People will amend the Complaint to include the namesof these additional entities and individuals.
SWEET PEOPLE’S BUSINESS
8. Sweet People manufactures, promotes, sells and distributes high-quality jeanswear and denim products throughout the United States, including in this judicialdistrict, under the MISS ME brand name. Sweet People’s line of MISS ME brand jeanswear products is sold by such well-known fashion retailers and departmentstores as Macy’s, Dillard’s and The Buckle, both in-store and online.9. Over the past several years, the MISS ME brand of jeanswear and denim products has become very popular in the highly competitive jeanswear market. Dueto its popularity, Sweet People’s MISS ME jeanswear has received extensive mediacoverage and has appeared in numerous widely circulated fashion magazines,including
 In Style
,
 Elle
,
 Glamour 
,
 Lucky
,
 944 Magazine
,
 Harper’s Bazaar 
,
 Vogue
,
Case 2:14-cv-04790 Document 1 Filed 06/20/14 Page 3 of 22 Page ID #:3

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