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Louis S. Ederer
ARNOLD & PORTER LLP
399 Park Avenue

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New York, New York 10022

Phone(212) 715-1000
Fax (212)715-1399

Attorneysfor Plaintiff
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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SWEET PEOPLE APPAREL, INC.

d/b/aMISSME,

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Civil Action No.

COMPLAINT

Plaintiff,

- against -

U'li

Uft, J,

ZOOMERS, INC., WAL-MART STORES, INC.,

XYZ COMPANIES 1-10, and JOHN AND JANE
DOES 1-10,

ORENSTEI;g, M.J.
Defendants.

Plaintiff Sweet People Apparel, Inc. d/b/a Miss Me ("Sweet People"), by and through its

undersigned counsel, complains of Defendants Zoomers, Inc. ("Zoomers"), Wal-Mart Stores,

Inc. ("Wal-Mart"), XYZ Companies 1-10, and John and Jane Does 1-10 (collectively
"Defendants"), and alleges as follows:
NATURE OF THE ACTION

1.

This action concerns Defendants' willful infringement of Sweet People's

federally-registered copyright for its unique JP 4369 Back Pocket Design, which is applied to the
rear pockets of Sweet People'spopular MISS MEbrand jeanswear products.
2.

Upon information andbelief, Defendants are manufacturing, importing,

distributing, supplying, advertising, promoting, offering for sale, and/or selling, or are causing to

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be designed, manufactured, imported, distributed, supplied, advertised, promoted, offered for

sale and/or sold, without Sweet People's consent or authorization, jeanswear products that
incorporate a rear pocket design which is virtually identical and/or substantially similar to Sweet
People's JP 4369 Back Pocket Design.
JURISDICTION AND VENUE

3.

This action is for infringement of a federally registered copyright under 17 U.S.C.

501(a).

4.

This Court has original jurisdiction over the subject matter of this action pursuant

to 17 U.S.C. 101, etseq., and 28 U.S.C. 1331 and 1338(a).

5.

Venue is properly founded in this judicial district pursuant to 28 U.S.C. 1391

and 1400, because Defendants are either subject to personal jurisdiction within this judicial
district, and/or because a substantial part of the events giving rise to Plaintiffs claims occurred
within this judicial district.
THE PARTIES

6.

Plaintiff Sweet People is a corporation duly organized and existing under the laws

of the State of California, having its principal place of business at 4715 S. Alameda Street, Los
Angeles, California 90058.

7.

Upon information and belief, Defendant Zoomers is a corporation organized and

existing under the laws ofthe State ofNew York, having its principal place ofbusiness at32 33rd
Street, Brooklyn, New York 11232.

8.

Upon information and belief, Defendant Wal-Mart is a corporation organized and

existing under the laws of the State of Delaware, having its principal place of business at 702 SW

8th Street, Bentonville, Arkansas 72716. Wal-Mart is authorized to conduct business within the
State of New York.

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9.

Upon informationand belief, DefendantZoomers is acting in conjunction with

various business entities and individuals, denoted here as XYZ Companies 1-10, and John and

Jane 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 names of these additional
business entities and individuals.

SWEET PEOPLE'S BUSINESS AND ITS FLEUR-DE-LIS DESIGN COPYRIGHT

10.

Sweet People manufactures, promotes, sells and distributes high-quality

jeanswear and denim products throughout the United States, including in this judicial district,
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 department stores as Macy's, Dillard's and The
Buckle, both in-store and online, as well as through Sweet People's own ecommerce website
<www.missme.com>.

11.

Over the past several years, the MISS ME brand ofjeanswear and denim products

has become very popular in the highly competitive jeanswear market. Due to its popularity,
Sweet People's MISS ME jeanswear has received extensive media coverage and has appeared in
numerous widely circulated fashion magazines, including Vogue, In Style, Elle, Glamour, 944
Magazine, Harper's Bazaar, Lucky, Teen Vogue and Nylon. In addition, celebrities such as

Beyonce, Miley Cyrus and Paris Hilton have been photographed wearing MISS ME jeanswear.
12.

Among the many elements that identify MISS ME brand jeanswear products and

distinguish them from the products of Sweet People's competitors are the original, unique and

distinctive designs created by Sweet People and embroidered onto and/or otherwise affixed to
the rear portion of its MISS ME jeanswear.
13.

Sweet People is the owner of valid and subsisting U.S. copyright registrations

covering many unique and innovative designs and artwork it has created and applied to its
3

apparel products. Among these designs is Sweet People's JP 4369 Back Pocket Design.
14.

Sweet People owns U.S. Copyright Registration No. VA 1-418-846, effective as

of May 23,2007, for its JP 4369 Back Pocket Design (the "Fleur-De-Lis Design"). A true and
correct copy of the U.S. Copyright Office's registration certificate for Sweet People's Fleur-De-

Lis Design, along with a photograph of the Fleur-De-Lis Design as used by Sweet People on the
rear pockets of its MISS ME jeanswear products, is attached hereto as Exhibit A.

15.

The Fleur-De-Lis Design was created by Sweet People in 2006, and has been in

continuous use by Sweet People on jeanswear products since at least as early as October 2006.
Sweet People owns all right, title and interest in and to the Fleur-De-Lis Design, which
constitutes original and copyrightable subject matter under the U.S. Copyright Act.
16.

Sweet People has duly complied with all relevant requirements of the U.S.

Copyright Act with respect to its Fleur-De-Lis Design copyright.

DEFENDANTS' INFRINGING CONDUCT

17.

Upon information and belief, Defendants are engaged in the business of creating,

manufacturing, importing, distributing, supplying, advertising, promoting, offering for sale

and/or selling, or causing to be created, manufactured, imported, distributed, supplied,
advertised, promoted, offered for sale, and/or sold, without authorization or license from Sweet
People, jeanswear products bearing a design that is virtually identical and/or substantially similar
to Sweet People's Fleur-De-Lis Design (the "Infringing Design").
18.

A photographic comparison of Sweet People's Fleur-De-Lis Design and

Defendants' Infringing Design is set forth below:

Sweet People's Fleur-De-Lis Design

Defendants' Infringing Design

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Upon information and belief, Defendants were aware that Sweet People's Fleur-

De-Lis Design was a well-known, original design of Sweet People at the time they began using
the Infringing Design on their PLANET MOTHERHOOD brand jeanswear products.
Accordingly, Defendants have been engaging in the above-described unlawful activities

knowingly and intentionally, and/or with reckless disregard for Sweet People's rights in and to
its Fleur-De-Lis Design.
20.

Upon information and belief, Defendants intend to continue to manufacture,

import, export, distribute, supply, advertise, promote, offer for sale and/or sell, or cause to be
manufactured, imported, distributed, supplied, advertised, promoted, offered for sale and/or sold,
products bearing the Infringing Design, unless otherwise restrained by this Court.
CLAIM FOR RELIEF

COPYRIGHT INFRINGEMENT (17 U.S.C. S 501)

21.

The allegations set forth in paragraphs 1 through 20 hereof are adopted and

incorporated by reference as if fully set forth herein.

22.

Sweet People is the owner of a U.S. copyright registration for the Fleur-De-Lis

Design (Reg. No. VA 1-418-846), which registration is in full force and effect.

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Defendants, without authorization or approval from Sweet People, have created,

manufactured, imported, distributed, supplied, advertised, promoted, offered for sale and/or sold,

or has causedto be created, manufactured, imported, distributed, supplied, advertised, promoted,

offered for sale and/or sold, jeanswear products incorporating a design that was, upon
information and belief, deliberately copied from, and is substantially similar in overall
appearance to Sweet People's Fleur-De-Lis Design.

24.

Defendants have thereby willfully infringed and, upon information and belief, are

continuing to willfully infringe Sweet People's copyright in the Fleur-De-Lis Design.

25.

By their acts, Defendants have made and will continue to make substantial profits

and gains to which they are not in law or in equity entitled.

26.

Defendants intend to continue their willful conduct, and will continueto willfully

infringe Sweet People's copyright in the Fleur-De-Lis Design, and to act in bad faith, unless
restrained by this Court.

27.

Defendants' acts harmed and, unless enjoined, will continue to irreparably harm

Sweet People, and Sweet People has no adequate remedy at law.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Sweet People demands judgment against Defendants as follows:

1.

Finding that Defendants engaged in willful copyright infringement in violation of

17 U.S.C. 501 against Sweet People.

2.

That Defendants and all of those acting in concert with them, including their

agents and servants, and all those on notice of this suit, be permanently enjoined from creating,
manufacturing, importing, exporting, distributing, supplying, advertising, promoting, offering for
sale and/or selling any products which bear the Infringing Design, or any other design
substantially similar in overall appearance to Sweet People's Fleur-De-Lis Design.
6

3.

That Defendants be required to recall all infringing items and advertising and

promotionalmaterials, and thereafter deliver up to Sweet People for destruction all products
bearing the Infringing Design, and all artwork, packaging, advertising and promotional materials,
and any means of making such items.

4.

That Defendants be directed to file with the Court and serve upon Sweet People

within thirty (30) days after service of the judgment upon them, a written report under oath

setting forth in detail the manner in which they have compliedwith the requirements set forth
above in Paragraphs 2 and 3.

5.

That the Court award Sweet People Defendants' profits and Sweet People's

damages and/or statutory damages, attorneys' fees and costs, to the full extent provided for by 17
U.S.C. 504 and 505.

6.

That Sweet People be awarded pre-judgment and post-judgment interest on any

monetary award made part of the judgment against Defendants.

7.

That Sweet People be awarded such additional and further relief as the Court

deems just and proper.

Dated: New York, New York

ARNOLD & PORTER LLP

November 12, 2014

By:
Louis S. Ederer

louis.ederer@aporter.com
399 Park Avenue

New York, New York 10022

Phone(212)715-1000
Fax (212) 715-1399
Attorneysfor PlaintiffSweet People
Apparel, Inc. aVb/a Miss Me

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EXHIBIT A
Certificate of Registration

FormVA
fotiVfcritoftheKimlArt.

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tlWITfOSTWtS COWBCHT Office

This Certificateissuedunder the seal of the Copyright

' "Officein accordance with title 17, United States Code,
attests that registration has been made for the work

VA 1-418-846

identified below. The information on this certificate has

been made a part of the CopyrightOfficerecords.

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RegisterofCopyrights, UnitedStatesof America

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n v i n n i i B N t v i B iniwwm.. ir ivw w w myiw n w s ,

1 wrnRATB CONTINUATION SHEET.

NATURE OFTHK WORK TtoMnelUi

THI.omAW.rttT

JP 4369 BACK POCKET DESIGN

Fabric Design

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cwmbllticil aopaaed. Ttltt ofCaleclrwi Wirt T

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DATES OFBIRTH AND PEATB

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