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1 MICHAEL C.

BAUM (SBN 65158)

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E-Mail: Cljablon@,rpblaw.com 3 RESCH POLSTER & BERGER LLP 9200 Sunset Boulevard, Ninth Floor 4 Los Angeles, California 90069-3604 Telephone: 310-277-8300 5 Facsimile: 310-552-3209

2 ANDREW V. JABLON (SBN 199083)
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E-Mail: mbaum@,rpblaw.com

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6 Attorneys for Lauren Moshi, LLC
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UNITED STATES DISTRICT COURT \

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CENTRAL DISTRICT OF CALIFORNIA

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11 LAUREN MOSHI, LLC, a California limited liability company,
Plaintiff, vs. TARGET CORPORATION, a

Case No.

. cv 13-05859 -s0

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COMPLAINT FOR: (1) COPYRIGHT INFRINGEMENT AND (2) CONTRIBUTORY COPYRIGHT INFRINGEMENT DEMAND FOR JURY TRIAL

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15 Minnesota corporation; MOSSIMO,
dba MOSSIMO SUPPLY CO.;

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16 BRAND GROUP, I C., a corporation 18 Inc usive,
and DOES 1 through 10, Defendants.

INC., a Delaware comoration; ICONIX

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17 STEVEN MADDEN, LTD., a Delaware 19 20 21
Lauren Moshi, LLC ("Plaintiff' or "Moshi") hereby alleges as follows:

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PARTIES
1. Plaintiff Lauren Moshi, LLC is a California limited liability company

organized and existing under the laws of the State of California with its principal place ofbusiness located in the County of Los Angeles. 2. Moshi is not your typical garment manufacturer. Most garment

manufacturers will purchase a print design and then attempt to sell as many
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1 garments as possible with that design. Moshi takes a broader view of its brand,

2 creating a demand for its products by creating unique pieces that are meticulously
3 crafted in limited quantities. Every mark, every line on every piece is an original

4 work of art which is hand drawn by co-owner Lauren Moshi such that each garment 5 is an embodiment of the original artwork. Similar to an artist creating demand by 6 building a reputation of limited run of lithographs, such that the scarcity drives price 7 of both the specific limited-edition and the artists works as a whole, Moshi limits the
8 number of garments it produces with any one of its designs. As a result, Lauren

9 Moshi artwork and Moshi garments draw a premium price due to their scarcity and

10 attract a discerning and affluent customer.
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3.

Plaintiff is informed and believes and thereon alleges that defendant

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12 Target Corporation ("Target") is a corporation organized and existing under the 13 laws of the State of Minnesota and doing business in this judicial district. 14
4. Plaintiff is informed and believes and thereon alleges that defendant

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15 Mossimo, Inc. ("Mossimo") is a corporation organized and existing under the laws 16 of the State of Delaware and doing business within this judicial district. 17
5. Plaintiff is informed and believes and thereon alleges that defendant

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18 Iconix Brand Group, Inc., a corporation dba Mossimo Supply Co. ("Mossimo 19 Supply") is doing business within this judicial district. 20
6. Plaintiff is informed and believes and thereon alleges that defendant

21 Steve Madden, Ltd. ("Madden") is a corporation organized and existing under the 22 laws of the State of Delaware and doing business within this judicial district. 23
7. Plaintiff is informed and believes, and based thereon alleges, that

24 defendants Target, Mossimo, Mossimo Supply and Madden are licensors, 25 manufacturers and/or vendors of garments and totes and have manufactured and/or 26 supplied and are manufacturing and/or supplying garments and/or totes comprised 27 of fabric printed with Plaintiff's copyrighted Design (as defined in Paragraph 14, 28 infra) without Plaintiff's knowledge or consent or have contributed to said
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1 infringement.

2

8.

Plaintiff is informed and believes, and based thereon alleges, that

3 defendants DOES 1 through 10, inclusive, are manufacturers, printers, and/or 4 vendors of fabric who have manufactured, printed, and/or supplied and are 5 manufacturing, printing and/or supplying fabric printed with Plaintiffs copyrighted 6 Design (as defined in Paragraph 14, infra) without Plaintiffs knowledge or consent 7 or have contributed to said infringement. The true names of DOES 1 through 10, 8 inclusive, are presently unknown to Plaintiff, which therefore sues said defendants 9 by such fictitious names and will seek leave to amend this complaint to show their 10 true names and capacities when same have been ascertained.
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9.

Hereinafter defendants Target, Mossimo, Mossimo Supply, Madden

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12 and DOES 1 through 10, inclusive, shall be referred to collectively as "Defendants."
JURISDICTION AND VENUE 10. This action arises under the Copyright Act of 1976, Title 17 U.S.C.

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16 §101 et seq.
11. This Court has federal question jurisdiction under 28 U.S.C. § 1331 and

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18 § 1338(a).
12. Venue is proper in this district under 28 U.S.C. §§ 1391(b) and (c). FIRST CLAIM FOR RELIEF (Copyright Infringement- Against All Defendants) 13. Plaintiff repeats and realleges the allegations contained in paragraphs 1

24 through 12 hereinabove, and incorporates them by reference as if fully set forth 25 herein. 26
14. Lauren Moshi, an individual, is the author of, and copyright holder in,

27 an original print design which she has internally designated "Leopard Head" (the 28 "Design").
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15.

On February 29, 2012, Lauren Moshi obtained a Certificate of

2 Registration for the Design from the United States Copyright Office, bearing

3 registration number VA 1-804-046. Attached hereto as Exhibit "1" is a true and
4 correct copy of the Certificate of Registration (the "Copyright Design"). 5

16.

As set forth in the Certificate of Registration, the Design was created in

6 the United States and first published on January 18, 2012.

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17.

Plaintiff is the exclusive licensee of the Design and is authorized under

8 the terms of its license to prosecute this action. 9

18.

Within the last three years, Defendants have manufactured and/or sold

10 fabric and garments (the "Infringing Garments") containing the Copyrighted Design 11 without authorization from Plaintiff. Attached hereto as Exhibit "2" is a side-by12 side comparison of Defendants' infringing product and Plaintiffs original artwork 13 comprising the Copyrighted Design. 14

19.

Defendants have licensed, manufactured, sold and offered for sale the

15 Infringing Garments to customers throughout the United States, including within 16 this judicial district. 17

20.

By Defendants' unauthorized licensing, manufacture, offering for sale

18 and sale of the Infringing Garments, Defendants have infringed on Plaintiffs 19 Copyright in the Design. 20

21.

Plaintiff is without adequate remedy at law to prevent the wrongful acts

21 of Defendants herein set forth, and said acts of Defendants have resulted and will 22 result in irreparable damage to Plaintiff unless Defendants' acts of infringement are

23 enjoined by this Court.
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22.

Defendants' infringing activities have continued and will continue to

25 the detriment of Plaintiff, and loss and injury to Plaintiffs business in an amount not

26 presently ascertainable, and threaten to increase such loss and injury unless such

27 activities are enjoined by this Court and Defendants are required to recall and
28 destroy all Infringing Garments.

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23.

By reason of the acts of Defendants alleged herein, Plaintiff has

2 suffered actual damages in an amount subject to proof at trial. 3

24.

Due to Defendants' acts of copyright infringement, Defendants, and

4 each of them, have obtained profits they would not otherwise have realized but for 5 their infringement of the Design. Pursuant to the Copyright Act, Plaintiff is entitled 6 to disgorgement of Defendants' profits attributable to Defendants' infringement of

7 the Design in an amount subject to proof at trial. Plaintiff is further entitled to
8 recover its lost profits by virtue of Defendants' acts of infringement, which are 9 subject to proof at trial, but estimated at no less than $750,000. 10
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25.

Plaintiff is informed and believes and based thereon alleges that

11 Defendants' acts of infringement as alleged herein were willful and deliberate. 12 Accordingly, in the event that Plaintiff elects statutory damages, Defendants, and 13 each of them, are subject to liability for statutory damages under Section 504(c)(2) 14 of the Copyright Act in the sum of up to one hundred fifty thousand dollars 15 ($150,000) for each violation. 16 17 18 19 SECOND CLAIM FOR RELIEF (Contributory Copyright Infringement- Against All Defendants)

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26.

Plaintiff repeats and realleges the allegations contained in paragraphs 1

20 through 25 hereinabove, and incorporates them by reference as if fully set forth 21 herein. 22

27.

Plaintiff is informed and believes, and based thereon alleges, that

23 Defendants, and each of them, knowingly induced, participated in, aided in, and 24 profited from the illegal reproduction of Plaintiffs Design and/or subsequent sale of 25 the Infringing Garments, as alleged above. 26

28.

By Defendants' unauthorized duplication of the Design, and by their

27 offering and accepting for sale and sale of the Infringing Garments, Defendants, and 28 each of them, have infringed Plaintiffs Copyright in the Design.
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29.

Plaintiff is informed and believes and based thereon alleges that

2 Defendants' acts of infringement as alleged herein were willful and deliberate.

3

30.

By reason of the Defendants' acts of contributory copyright

4 infringement as alleged herein, Plaintiff is without adequate remedy at law to 5 prevent the wrongful acts of Defendants herein set forth, and said acts of Defendants 6 have resulted and will result in irreparable damage to the Plaintiff unless 7 Defendants' acts of infringement are enjoined by this Court.
8

31.

Defendants' infringing activities have continued and will continue to

9 the detriment of Plaintiff and loss and injury to Plaintiffs business in an amount not 10 presently ascertainable, and threaten to increase such loss and injury unless such

11 activities are enjoined by this Court and Defendants are required to recall and
12 destroy all infringing garments and designs. 13

32.

By reason of the acts of Defendants alleged herein, Plaintiff has

14 suffered actual damages in an amount subject to proof at trial. 15

33.

Due to Defendants' acts of contributory copyright infringement,

16 Defendants, and each of them, have obtained profits they would not otherwise have 17 realized but for their infringement of the Design. As such, Plaintiff is entitled to 18 disgorgement of Defendants' profits attributable to Defendants' infringement of the 19 Design in an amount subject to proof at trial. Plaintiff is further entitled to recover 20 its lost profits by virtue of Defendants' acts of infringement, which are subject to 21 proof at trial, but estimated at no less than $750,000. 22

34.

Plaintiff is informed and believes and based thereon alleges that

23 Defendants' acts of infringement as alleged herein were willful and deliberate.

24 Accordingly, in the event that Plaintiff elects statutory damages, Defendants, and 25 each ofthem, are subject to liability for statutory damages under Section 504(c)(2) 26 of the Copyright Act in the sum of up to one hundred fifty thousand dollars
27 ($150,000) for each violation.

28 Ill
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PRAYER
WHEREFORE, Plaintiff prays for relief against Defendants, and each of

3 them, as follows:
4
1. For a preliminary injunction and a permanent injunction, restraining

5 Defendants and their agents, servants, employees, and all persons acting under, in 6 concert with, or for them from using Plaintiff's Design for any purpose, including
7 but not limited to, use of the Design in attempting to sell and/or selling garments,
8 and an order requiring the recall and destruction of all garments infringing upon the 9 Design.

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2.

Actual damages, plus Defendants' profits attributable to Defendants'

11 infringement of the Design, in an amount subject to proof at trial but estimated at no

12 less than $750,000; or, if elected, statutory damages as available under the
13 Copyright Act in the amount of$150,000.00.

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15

3. 4.

For attorneys' fees where allowed by law. For such further and other relief as the Court deems just and proper. RESCH POLSTER & BERGER LLP

16 Dated: Awzust 9. 2013 17 18 19

Bv: __________ Michael C. Baum Attorneys for Plaintiff Lauren Moshi, LLC

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7 3 Dated: Ammst 9. 2013

DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by jury in this action. RESCH POLSTER & BERGER LLP

Bv:

Attorneys for Plaintiff Lauren Moshi, LLC

=----==--==-===-==Michael C. Baum

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Certificate of Registration
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This Certilkate issued tmder the seal of the Coprright Office in accordance with title 17. l'11ited Stalt•s Cfldt?. attests that regbtratiun been made for the work identified below. The information on this certificate been made a part of the Copydght Office records.

Registration Number

VA 1-804-046
Effectin date of registration:

Register ufCl'pyrights. L'nited States of Amerka

February 29, 2012

Title------------------------Title of Work: Jeopard head

Completion/Publication - - - - - - - - - - - - - - - - - - Year of Completion: 2012 Nation of 1st Publication: United States Date of lst Publication: January 18,2012

Author
• Author: Author Created: Citizen of:

Lauren Moshi
2·0 artwork United States Domiciled in: United States

Copyright claimant
Copyright Claimant: Lauren Moshi

10125 Baywood Court, Los Angeles. CA. 90077

Rights and Permissions
Name: Email: Address:

Lauren Moshi Jauren@laurenmoshi.com
10125 Baywood Court Telephone: 323-888-883f

Los Angeles, CA 90077

Certification
Name: Date:

lauren moshi February 29,2012

Exhibit 1

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Mossimo Supply Co. Jaguar Print Canvas Tote -Gray
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Lauren Moshi Original Art

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