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
., the Trademark Act of 1946, as amended, 15 U.S.C. § 1051
., 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