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Cas ip 2:18-cv-08893-AB-JPR Document Filed 10/15/18 Page 1 of 20 Jenny J. Bim, State Bar Number: 231584 Halston Operating Company, LLC 1201 W 5* Street, T-1100 Los Angeles, CA 90058 Telephone No.. (213) 534-3050 Facsimile No.: (213) 534-3052 jenny rim@halston.com Attomeys for Plaintiff's THE H COMPANY IP, LLC, and HALSTON OPERATING COMPANY, LLC UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA Page ID #:1 THE H COMPANY IP, LLC, a Delaware Limited Liability “Company, and HALSTON OPERATING COMPANY, LLC, Plaintiffs, v CALVIN KLEIN, INC, a New York Corporation, GIL APPAREL GROUP, LTD, a Delaware Corporation, and DOES I through 10, inclusive, Defendants Case No. 2:18-cv-08893 PLAINTIFFS THE H COMPANY IP, LLC and HALSTON OPERATING COMPANY, LLC’S COMPLAINT FOR: (2) COPYRIGHT INFRINGMENT (17 USC. §501), 2) VICARIOUS AND/OR CONTRIBUTORY COPYRIGHT INFRINGEMENT, 3) FEDERAL UNFAIR COMPETITION AND FALSE ADVERTISING (15 USC. §1125(a)), and 4) STATE UNFAIR COMPETITION (False Designation) CAL. BUS. & PROF. CODE § 17200 et seg., and DEMAND FOR JURY TRIAL Complaint Filed Trial Date: TBD Plaintiff The H Company IP, LLC and Halston Operating Company, LLC (collectively, “HALSTON") complains in this action against Defendants Calvin Klein, Inc (°CK") and G-II Apparel Group, Ltd. ("G-IIT") as follows HALSTON COMPLAINT Cas ip 2:18-cv-08893-AB-JPR Document 1 Filed 10/15/18 Page 2 of 20 Page ID #:2 BACKGROUND 1 Halston Operating Company, LLC is a women’s apparel and accessories design house that sells goods at wholesale and retail for “HALSTON”, a brand famous since the 1960s, thought the designs of its eponymous founder, Roy Halston Frowick. The H Company IP, LLC is the registered owner of the “HALSTON” and “HALSTON HERITAGE” trademarks in numerous classes and categories worldwide, Today, HALSTON HERITAGE women’s apparel and accessories are sold globally through online, direct-to-customer, and in free-standing stores, and resold via wholesale, consignment and/or concession through third-party retail outlets and department stores 2. Upon information and belief, Defendant G-IIl is a business that directly competes with Halston Operating Company, LLC by designing, manufacturing, producing, distributing, supplying, selling, and warehousing consumer goods in the category of women’s apparel and accessories online, direct-to-customer, and in free-standing stores, and resold via wholesale, consignment and/or concession through third-party retail outlets and department stores. On information and belief, G-II has an exclusive license from CK to use the “CALVIN KLEIN’ trademark for consumer goods in the category of women’s apparel and accessories, 3 ‘Upon information and belief, Defendant CK is the registered owner of the “CALVIN KLEIN" trademarks in numerous classes and categories worldwide and is a business that directly competes with Halston Operating Company, LLC by selling, distributing, advertising, marketing and promoting consumer goods in the category of women’s apparel and accessories online, direct-to-customer, and infree-standing stores, and resold via wholesale, consignment and/or concession through third-party retail outlets and department stores. On information and belief, CK licenses the “CALVIN KLEIN” trademark exclusively to G-III for consumer goods in the category of women’s apparel and accessories, in exchange for a royalty or licensing fee from G-IL HALSTON COMPLAINT Cas i» 2:18-cv-08893-AB-JPR Document 1 Filed 10/15/18 Page 3 of 20 Page ID #:3 THE PARTIES 4 The H Company IP, LLC is a corporation incorporated under the laws of the State of Delaware with its principal place of business in Los Angeles, California. The H Company IP, LLC is qualified and duly authorized to do business in the State of California 5 Halston Operating Company, LLC is a corporation incorporated under the laws of the State of Delaware with its principal place of business in Los Angeles, California. Halston Operating Company, LLC is qualified and duly authorized to do business in the State of California 6. HALSTON is informed and believes and on that basis alleges that Defendant CK is a New York corporation with its principal place of business located at 200 Madison Avenue, New York, New York, 10016. 7 HALSTON is informed and believes and on that basis alleges that, at all relevant times, CK was and is a company engaged in the business of selling, distributing, advertising, marketing and promoting consumer goods in the category of women’s apparel and accessories online, direct-to-customer, and in free-standing stores, and resale via wholesale, consignment and/or concession through third-party retail outlets and department stores. 8 HALSTON is informed and believes and on that basis alleges that Defendant G-Ilis a Delaware corporation with its principal place of business located at 512 Seventh Avenue, 35" Floor, New York, New York 10018 9 HALSTON is informed and believes and on that basis alleges that, at all relevant times, G-II was and is a company engaged in the business of designing, manufacturing, producing, distributing, supplying, selling, and warehousing consumer goods in the category of women’s apparel and accessories via wholesale, consignment and/or concession through third-party retail outlets and department stores 3 HALSTON COMPLAINT