Kev & Cooper v. Furnish My Place - First Amended Complaint

Case 8:20-cv-01509-MCS-KES Document 63 Filed 12/13/21 Page 1 of 16 Page ID #:449
1 DAVID L. PRINCE, ESQ. #113599

MILES L. PRINCE, ESQ. #298823
2 1912 E. Vernon Ave., Ste. 100
Los Angeles, CA 90058
3 323/234-2989 t
323/234-2619 f
4 mlp@redchamber.com
5 Attorneys for Plaintiff, Kev & Cooper, LLC
8
UNITED STATES DISTRICT COURT
9
CENTRAL DISTRICT OF CALIFORNIA, SOUTHERN DIVISION
10
11 KEV & COOPER, LLC, CASE NO.: 8:20-cv-01509-MCS-KES
12 Plaintiff, FIRST AMENDED COMPLAINT

13 FOR COPYRIGHT
v. INFRINGEMENT
14
15 FURNISH MY PLACE, LLC; and DEMAND FOR JURY TRIAL

DOES 1 to 20, inclusive,
16 Hon. Mark C. Scarsi, for all purposes
17 Defendants.
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FIRST AMENDED COMPLAINT FOR COPYRIGHT INFRINGEMENT

1 Plaintiff, Kev & Cooper, LLC, by its undersigned attorneys, as and for its
2 Complaint against Defendant, Furnish My Place, LLC, alleges on information and
3 belief, and otherwise as to its own knowledge as follows:
4 INTRODUCTION
5 1. Plaintiff Kev & Cooper, LLC (“Kev & Cooper” or “Plaintiff”) is a
6 designer, manufacturer, retailer and wholesaler of children’s furnishings, primarily
7 children’s educational rugs bearing creative and playful designs and artwork.
8 2. Defendant Furnish My Place, LLC (“FMP” or “Defendant”) is a

9 competitor of Kev & Cooper and has, without authorization, intentionally copied,
10 offered for sale, and sold rugs bearing the Plaintiff’s copyrighted artworks or
11 derivatives thereof in direct competition with Plaintiff.
12 3. This action is brought to recover damages arising from Defendant’s

13 misappropriation of Plaintiff’s copyrighted designs, as well as obtain injunctive
14 relief barring Defendant’s future sale of products infringing the Plaintiff’s
15 copyrighted designs.
16 JURISDICTION AND VENUE

17 4. This action arises under the Copyright Act of 1976, Title 17 U.S.C.
18 Sec. 101, et seq.
19 5. This Court has federal question jurisdiction under 28 U.S.C. Secs. 1331
20 and 1338.
21 6. Venue is proper in this judicial district pursuant to 28 U.S.C. Sec.

22 1400(a).
23 7. This Court has personal jurisdiction over Defendant, which conducts

24 business in the State of California, and within this district, including having
25 contracted with California customers for sales, purchase and delivery of the goods to
26 California, as well as having advertised and sold its products through the Internet
27 and other means to California residents.
28
1
29
COMPLAINT FOR COPYRIGHT INFRINGEMENT
30
1 PARTIES
2 8. Plaintiff Kev & Cooper is a New Jersey limited liability company in
3 good standing, and has a principal place of business at 4570 Eucalyptus Ave, STE
4 A, Chino, CA 91710.
5 9. Plaintiff designs, manufactures and sells educational carpets that are
6 designed to appeal to children.
7 10. Defendant FMP is a North Carolina limited liability company having a
8 place of business at 815 Corporate Cir., Salisbury, North Carolina.
9 11. Defendant is a competitor of Plaintiff, and creates, commissions, and
10 sells rugs wholesale to distributors and directly to consumers across the United
11 States and abroad, including within this judicial district.
12 12. Third parties unknown to Plaintiff may have contributed to and profited
13 from the infringement alleged herein, and because such individuals and/or
14 corporations are unknown to Plaintiff, it may seek leave to amend this Complaint
15 when such parties’ names and capacities have been ascertained.
16 PLAINTIFF’S COPYRIGHTED DESIGNS
17 13. Plaintiff is the sole owner of the copyrights in two original two-
18 dimensional artworks used for the purposes of printing images on children’s

19 educational rugs. The first is referred to herein as “Plaintiff’s ABC Shapes Design”
20 and has been registered in the United States Copyright Office under registration VA
21 002139787. The second is referred to herein as “Plaintiff’s 4 Seasons Design” and
22 has been registered in the United States Copyright Office under VA-0002138803.
23 14. Plaintiff designed the ABC Shapes Design in 2015. A copy of an image
24 of the “ABC Shapes Rug”, which bears the ABC Shapes Design is attached hereto
25 as Exhibit A.
26 15. Plaintiff designed the Plaintiff’s 4 Seasons Design in early 2017. A
27 copy of the Plaintiff’s 4 Seasons Rug, which bears Plaintiff’s 4 Seasons Design, is
28
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1 attached as Exhibit B. Together, the 4 Seasons Design and the ABC Shapes Design
2 are referred to as the “Plaintiff’s Designs”.
3 16. Plaintiff registered copyright in and to each of the Plaintiff’s Designs.
4 Plaintiff owns and has all times since their creation, exclusively has held and owned
5 all worldwide right, title and interest in and to the Plaintiff’s Designs, including the
6 copyrights, therein.
7 17. Plaintiff began marketing and selling the ABC Shapes Rug in 2016
8 widely on the Internet in channels of trade common to children’s educational rugs.
9 18. Plaintiff began marketing and selling its 4 Seasons Rug widely on the
10 Internet in 2017 in channels of trade common to children’s educational rugs.
11 19. The Plaintiff’s carpets at issue in this litigation have achieved significant
12 commercial success and have been marketed and sold widely in the same markets
13 and channels of trade as Defendant’s products.
14 DEFENDANT’S INFRINGING ACTS
15 20. Plaintiff discovered that Defendant created or caused to be created,
16 manufactured, and/or displayed, offered for sale, imported, and/or sold children’s
17 educational carpets that infringe Plaintiff’s copyrights in and to Plaintiff’s 4 Seasons
18 Design and Plaintiff’s ABC Shapes Design. The Defendants’ carpet that infringes
19 Plaintiff’s ABC Shapes Design is referred to as the “Defendants Infringing Shapes
20 Rug” and the Defendant’s carpet that infringes Plaintiff’s 4 Seasons Design is
21 referred to as the “Defendant’s Infringing Seasons Rug”. Together, the Defendant’s
22 Infringing Shapes Rug and Defendant’s Infringing Seasons Rug are referred to as
23 the “Infringing Rugs”.
24 21. Defendant and/or any third party that may have manufactured the
25 Defendant’s Infringing Rugs had reasonable opportunities to view the Plaintiff’s
26 copyrighted works at issue in this litigation, and has used such access to copy the
27 Plaintiff’s successful copyrighted designs, without Plaintiff’s authorization.
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1 22. Due to Defendant’s and/or its employees’, agents’, or suppliers’, and
2 each of their, acts of infringement, Defendant has obtained ill-gotten profits it would
3 otherwise not have realized but for Defendant’s infringement of the Plaintiff’s
4 Designs. As such, Plaintiff is entitled to disgorgement of Defendant’s, profits
5 attributable to Defendant’s infringement of Plaintiff’s Designs in an amount to be
6 established at trial.
7 23. Defendant, and/or its employees, agents or manufacturers, and each of
8 them, have acted with knowledge and/or reckless disregard of Plaintiff’s rights. The
9 copying, display, promotion, and sale of the Infringing Rugs was, and continue to
10 be, willful, intentional and malicious.
11 24. Images of the Plaintiff’s 4 Seasons Design and the Defendant’s
12 Infringing Seasons Rug are set forth below:
13 Plaintiff’s 4 Seasons Design Defendant’s Infringing Seasons Rug
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21 25. The above images demonstrate exactly how similar the individual
22 elements are to one another. First of all, the centerpieces of the rugs – the depiction
23 of the four seasons – are practically identical, and in many respects, are identical.
24 These images depicting the seasons in the center of the Plaintiff’s above rug are the
25 most important portion of the Plaintiff’s 4 Seasons Design. The Defendant copied or
26 caused to be copied the actual images and therefore the Plaintiff’s protected
27 expression of the four seasons as depicted by Plaintiff’s 4 Seasons Design.
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1 26. Defendant copied or caused to be copied the images Plaintiff’s
2 expression of seasons exactly or almost exactly, which can be seen in that: Each of
3 the front pages of the four calendars in the Infringing Seasons Rug is identical to
4 Plaintiff’s 4 Seasons Design; the number of "binder” rings holding the calendar
5 together at the top is the same; the number of pages showing behind the first page of
6 each calendar is the same; the writing on the calendars also makes it clear that
7 Defendant copied wholesale the actual images Plaintiff’s copyrighted calendar and
8 seasons icons. The depiction of “Snowy” is practically identical in each case – with
9 identical or almost identical drawings of snow piles on the ground around the word
10 “Snowy”; the Rugs’ Spring season is depicted in both instances as “Rainy”, and
11 each of the Rugs’ image of Spring has rain drops around the flip-over calendar,
12 along with, in each case, a practically identical three-color umbrella (of course, both
13 umbrellas are identical and have the same order of colors left to right: red, green,
14 yellow). Even the individual raindrops from Plaintiff’s 4 Seasons Design were
15 largely copied by Defendant. The images of both Rugs’ “Summer” seasons are in
16 many respects identical: each image depicts three identical or almost identical
17 clouds peaking out from behind the left side of the (identical) calendar pages, and
18 each depicts the identical fanciful image of a sun in the lower right hand corner -
19 blocked in each instance by the calendar’s pages. Defendant’s Infringing Rugs also
20 was created by copying Plaintiff’s expression of Autumn. The exact seven (7)
21 leaves in the Autumn in Plaintiff’s 4 Seasons Rug are positioned identically in the
22 respective images; all have the same shapes and colors arranged in the same order,
23 and even the “wind lines” symbolizing the blowing wind in the Defendant’s
24 Infringing Seasons Rug are the same as Plaintiff’s “wind lines”.
25 27. Plaintiff is the owner of the copyrights in and to the images comprising
26 the squares in the center of the 4 Seasons Design depicting the four seasons, which
27 are original works of authorship, and it is clear that the Infringing Seasons Rug’s
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1 design elements for each season were copied without authorization and with
2 minimal changes from Plaintiff’s copyrighted design.
3 28. Moreover, the Defendant’s Infringing Rug copied or caused to be copied
4 the Plaintiff’s original layout, color scheme, selection and assembly of other
5 elements of the Plaintiff’s 4 Seasons Design: the color scheme is the same in 20 of
6 26 letters in the respective rugs. The carpets share the four seasons in the very same
7 order, layout and labelling. The Defendant even copied or caused to be copied
8 Plaintiff’s depiction of the four seasons rectangle layout by putting a narrower
9 identically formatted rectangle depicting numbered days of the week immediately
10 below the images of the seasons – each having a “day number” above the design
11 element and the name of each day of the week written below the design
12 element. Even the width of the yellow interior rectangles is the same.
13 29. Images of the Plaintiff’s ABC Shapes design and the Defendant’s
14 Infringing Shapes Rug are set forth below.
15 Plaintiff’s ABC Shapes Rug Defendant’s Infringing Shapes Rug
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30. The above images demonstrate exactly how similar the individual
24
elements are to one another. The carpets have largely the same ordering of colors
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as set forth above, for five of 26 letters. The inner rectangles for each of the rugs is
26
yellow and is identical in size and layout and dimensions (width of the lines
27
comprising it). The carpets both have two rows of five numbers layout, one atop the
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1 other, and separated by a white grid, and the smaller rectangle immediately below
2 the numbers has the same six shapes on a red background, with the shape names
3 immediately below the shapes. The shapes are copied in the exact same order:
4 Circle, Rectangle, Oval, Square, Triangle and Star; apart from the coloring of the
5 respective circles, the shapes are all the same colors – again in very slightly different
6 shades: i.e. each of the rectangles is blue, the ovals are yellow, the squares are
7 green, the triangles are blue and the stars are yellow/orangish. Apart from the
8 rectangles, the size and placement of the shapes is also identical. The background
9 color is identical as well.
10 31. Defendant’s Infringing Rugs were copied from Plaintiff’s Designs at
11 the direction of Defendant or its agent or manufacturer, and infringe Plaintiff’s
12 copyrights.
13 FIRST CLAIM FOR RELIEF
14 (Copyright Infringement of Plaintiff’s 4 Seasons Design)
15 32. Plaintiff repeats and realleges and incorporates by reference the above
16 allegations.
17 33. Plaintiff’s 4 Seasons Design is an original work of authorship and
18 constitutes copyrightable subject matter under the laws of the United States.
19 34. The Defendant’s Infringing Seasons Rugs are strikingly similar to, or
20 are otherwise substantially similar, to Plaintiff’s 4 Seasons Design.
21 35. The Infringing Seasons Rugs are unauthorized copies of both the
22 Plaintiff’s original artwork in the centerpiece of the 4 Seasons Design and also the
23 Plaintiff’s original layout, color scheme, selection and assembly of elements of
24 Plaintiff’s 4 Seasons Design.
25 36. The Defendant’s Infringing Shapes Rug and the design appearing on it
26 are strikingly similar to the point that there can be no other alternative than that
27 Defendant or its manufacturer accessed and copied the Plaintiff’s ABC Shapes
28 Design. As discussed fully above, in the arrangements of the individual elements of

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1 the Infringing Shapes Rug mirror exactly the elements comprising the design on the
2 Plaintiff’s copyrighted 4 Seasons Design, and in some cases, the individual elements
3 themselves are copied as well.
4 37. Defendant copied or caused to be copied the Plaintiff’s 4 Season Design,
5 and the Infringing Rugs were created willfully, and intentionally, without any regard
6 for Plaintiff’s rights. To the extent that the Infringing Shapes Rugs are different from
7 Plaintiff’s 4 Seasons Design, such differences were knowing modifications.
8 38. Defendant used or caused to be used Plaintiff’s 4 Seasons Design as a
9 model for creation of the Infringing 4 Seasons Rug, intentionally copying the
10 Plaintiff’s original artwork and layout.
11 39. The 4 Seasons Design has been printed on paper and exists in digital
12 medium, and has been applied to numerous rugs manufactured and sold in the
13 United States by Plaintiff.
14 40. Plaintiff owns the exclusive rights and privileges in and to the 4
15 Seasons Design, including all rights, title and interest in and to the copyrights in the
16 4 Seasons Design, now and with respect to all times the and has received from the
17 Register of Copyrights a Certificate of Registration evidencing same.
18 41. Subsequent to Plaintiff’s publication of the 4 Seasons Design, and (on
19 information and belief) with full knowledge of Plaintiff’s rights, Defendant or
20 Defendant’s agent or a third party manufacturer infringed said copyright by copying
21 the 4 Seasons Design and by placing and using such design on Infringing Carpets in
22 California, elsewhere in the United States, and abroad.
23 42. All of Defendant’s acts were performed without the permission,
24 authorization or license of Plaintiff.
25 43. Upon information and belief, Defendant, prior to producing the
26 Infringing Carpets, had access to the 4 Seasons Design, including, without

27 limitation, through access to Plaintiff’s carpets or advertising materials, or access to
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1 unauthorized reproductions in the possession of Plaintiff, other vendors, retailers or
2 consumers in the marketplace in which Defendant is a participant.
3 44. Defendant has infringed Plaintiff’s copyrights in the 4 Seasons Design by
4 creating, or causing to be created, rugs bearing two-dimensional artwork that copies
5 protectable artistic expression of the Plaintiff’s 4 Seasons Design and/or by
6 displaying, selling and distributing, rugs bearing two dimensional artwork that
7 copies protectable artistic expression of the Plaintiff’s design.
8 45. Defendant’s conduct constitutes infringement of Plaintiff’s rights in
9 Plaintiff’s 4 Seasons Design in violation of 17 U.S.C. Sec. 101, et seq.
10 46. Defendant’s conduct has caused and continues to cause great and
11 irreparable injury, loss and damage to Plaintiff and its ownership rights in Plaintiff’s
12 4 Season Design, and unless such acts or enjoined, they will continue to cause such
13 injury, which in addition to financial damages, threaten to cause Plaintiff irreparable
14 harm for which there is no adequate legal remedy.
15 47. Due to Defendant’s infringement of Plaintiff’s 4 Seasons Design,
16 Plaintiff has suffered, and continues to suffer substantial damages in an amount to
17 be established at trial.
18 48. Moreover, Defendant has obtained profits (direct and indirect) from
19 their infringing acts.
20 49. Defendant would not have otherwise realized such profits but for its
21 infringement of the 4 Seasons Design.
22 50. As such, Plaintiff is entitled to disgorgement of Defendant’s profits
23 directly and indirectly attributable to Defendant’s infringement of the 4 Seasons
24 Design in amounts that are not ascertainable but which are to be established at trial,
25 and which are believed to be in excess of $250,000.
26 //
27 //
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1 SECOND CLAIM FOR RELIEF
2 (Copyright Infringement of Plaintiff’s ABC Shapes Design)
3 51. Plaintiff repeats and realleges and incorporates by reference the
4 allegations set forth above.
5 52. Plaintiff’s ABC Shapes Design is an original work of authorship and
6 constitutes copyrightable subject matter under the laws of the United States.
7 53. The Defendant’s Infringing Shapes Rugs are strikingly similar to, or are
8 otherwise substantially similar to, Plaintiff’s ABC Shapes Design.
9 54. The Infringing ABC Shapes Rugs are unauthorized copies of the
10 Plaintiff’s original layout, color scheme, selection and assembly of elements of
11 Plaintiff’s ABC Shapes Design.
12 55. Defendant willfully copied the Plaintiff’s Designs and to the extent that
13 the Infringing Shapes Rugs are different from Plaintiff’s ABC Shapes Design, such
14 differences were knowing modifications.
15 56. The Infringing Shapes Rugs are unauthorized copies of Plaintiff’s ABC
16 Shapes Rug, created by copying the Plaintiff’s original layout, color scheme, selection
17 and assembly of elements, and are substantially similar to Plaintiff’s Designs in that
18 the items being compared include substantially similar expressions of the various
19 original decorative elements, their layout and arrangement as well as coloring.
20 57. Defendant copied or caused to be copied the Plaintiff’s ABC Shapes
21 Design, and the Infringing Rugs were created directly using the Plaintiff’s ABC
22 Shapes Design as a model.
23 58. The Defendant’s Infringing Shapes Rug and the design appearing on it
24 are strikingly similar to the point that there can be no other alternative than that
25 Defendant or its manufacturer accessed and copied the Plaintiff’s ABC Shapes
26 Design. As discussed fully above, in the arrangements of the individual elements of

27 the Infringing Shapes Rug mirror exactly the elements comprising the design on the
28
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1 Plaintiff’s copyrighted ABC Shapes Design, and in some cases, the individual
2 elements themselves are copied as well.
3 59. Defendant has infringed Plaintiff’s copyrights in the ABC Shapes Design
4 by creating, or causing to be created, rugs bearing two-dimensional artwork that
5 copies protectable artistic expression of the Plaintiff’s ABC Shapes Design and/or
6 by displaying, selling and distributing, rugs bearing two-dimensional artwork that
7 copies protectable artistic expression of the Plaintiff’s design.
8 60. Plaintiff has not authorized Defendant to copy, create, market, or sell
9 carpets infringing Plaintiff’s copyrighted ABC Shapes Design.
10 61. Defendant has displayed, promoted and sold Infringing Carpets, upon
11 information and belief, on and through Defendant’s website, on Amazon.com’s
12 Internet marketplace, and wholesale to retailers who then sold the Infringing Rugs,
13 all to the public including to California residents. Images of the Infringing Carpets
14 are attached hereto as Exhibit C.
15 62. Plaintiff’s ABC Shapes Design is an original layout, color scheme,
16 selection and assembly of other elements or work of authorship and constitutes
17 copyrightable subject matter under the laws of the United States. The composition,
18 layout, color scheme, selection and assembly of elements comprising the ABC
19 Shapes Design is original to Plaintiff.
20 63. The ABC Shapes Design has been printed on paper and exists in digital
21 medium, and has been applied to numerous rugs manufactured and sold in the
22 United States by Plaintiff.
23 64. Plaintiff owns the exclusive rights and privileges in and to the ABC
24 Shapes Design and has at all times after its creation, owned all rights, title and
25 interest in and to the copyright in the ABC Shapes Design, and has received from
26 the Register of Copyrights a Certificate of Registration evidencing same.

27 65. Subsequent to Plaintiff’s publication of the ABC Shapes Design, and
28 (on information and belief) with full knowledge of Plaintiff’s rights, Defendant or
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1 Defendant’s agent infringed said copyright by copying the ABC Shapes Design and
2 by placing and using such design on Infringing Carpets in California, elsewhere in
3 the United States, and abroad.
4 66. All of Defendant’s acts were performed without the permission,
5 authorization or license of Plaintiff.
6 67. Upon information and belief, Defendant, prior to producing the
7 Infringing Carpets, had access to the ABC Shapes Design, including, without
8 limitation, either through access to Plaintiff’s carpets or advertising materials or
9 access to unauthorized reproductions in the possession of Plaintiff, other vendors,
10 retailers or consumers in the marketplace.
11 68. Defendant’s conduct constitutes infringement of Plaintiff’s rights in
12 Plaintiff’s ABC Shapes Design in violation of 17 U.S.C. Sec. 101, et seq.
13 69. Defendant’s conduct has caused and continues to cause great and
14 irreparable injury, loss and damage to Plaintiff and its ownership rights in Plaintiff’s
15 ABC Shapes Design, and unless such acts or enjoined, they will continue to cause
16 such injury, which in addition to financial damages, threaten to cause Plaintiff
17 irreparable harm for which there is no adequate legal remedy.
18 70. Due to Defendant’s infringement of Plaintiff’s ABC Shapes Design,
19 Plaintiff has suffered, and continues to suffer substantial damages in an amount to
20 be established at trial.
21 71. Moreover, Defendant have obtained profits (direct and indirect) from
22 their infringing acts.
23 72. Defendant would not have otherwise realized such profits but for its
24 infringement of the ABC Shapes Design.
25 73. As such, Plaintiff is entitled to disgorgement of Defendant’s profits
26 directly and indirectly attributable to Defendant’s infringement of the ABC Shapes

27 design in amounts that are not ascertainable but which are to be established at trial,
28 and which are believed to be in excess of $250,000.

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1 THIRD CLAIM FOR RELIEF
2 (For Vicarious and/or Contributory Copyright Infringement)
3 74. Plaintiff repeats and realleges and incorporates by reference the
4 allegations set forth above.
5 75. Plaintiff is informed and believes and thereon alleges that Defendants
6 knowingly induced, participated in, aided and abetted in and profited from the illegal
7 reproduction and/or subsequent sales of garments featuring the 4 Seasons Design, the
8 ABC Design or any derivatives as alleged herein.
9 76. Plaintiff is informed and believes and thereon alleges that Defendants,
10 and each of them, are vicariously liable for the infringement alleged herein because
11 they had the right and ability to supervise the infringing conduct and because they had
12 a direct financial interest in the infringing conduct.
13 77. By reason of the Defendants’, and each of their acts of contributory and
14 vicarious infringement as alleged above, Plaintiff has suffered and will continue to
15 suffer substantial damages to its business in an amount to be established at trial, as
16 well as additional general and special damages in an amount to be established at trial.
17 78. Due to Defendants’, and each of their acts of copyright infringement as
18 alleged herein, Defendants, and each of them, have obtained direct and indirect profits
19 they would not otherwise have realized but for their infringement of the 4 Seasons
20 Design, the ABC Design or any derivatives. As such, Plaintiff is entitled to
21 disgorgement of Defendants’ profits directly and indirectly attributable to
22 Defendants’ infringement of the 4 Seasons Design, the ABC Design or any
23 derivatives, in an amount to be established at trial.
24 WHEREFORE, Plaintiff requests judgment from the Court, as follows:
25 A. Finding that Defendant has infringed the Plaintiff's copyrighted ABC
26 Shapes Design, and granting to Plaintiff an award of actual damages sustained by

27 Plaintiff, including, without limitation, lost sales, a reasonable royalty, and any
28 profits realized by Defendant as a direct or indirect result of Defendant’s

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1 infringement, to the extent that such recoveries are not duplicative; or, at Plaintiff’s
2 election, and to the extent permitted by the Copyright Act; and
3 B. Finding that Defendant has infringed the Plaintiff's copyrighted 4 Seasons
4 Design, and granting to Plaintiff an award of actual damages sustained by Plaintiff,
5 including, without limitation, lost sales, a reasonable royalty, and any profits
6 realized by Defendant as a direct or indirect result of Defendant’s infringement, to
7 the extent that such recoveries are not duplicative; or, at Plaintiff’s election, and to
8 the extent permitted by the Copyright Act; and
9 C. Ordering that Defendant, its officers, agents, servants, employees, related
10 companies, parent companies. subsidiary companies, licensees, assigns, members
11 and all parties in privity and/or acting in concert with it, be enjoined and restrained
12 from manufacturing, advertising, promoting, selling, reproducing, displaying,
13 creating derivative works from, and/or distributing the Infringing Carpets or any
14 items bearing either of the 4 Seasons Design, the ABC Design or any derivatives;
15 and
16 D. Ordering that Defendant segregate all proceeds from orders for any
17 products bearing the 4 Seasons Design or its derivatives, or the ABC Shapes Design
18 or its derivatives, which have been sold, and to hold such proceeds in trust to be
19 delivered to Plaintiff as the Court may order; and
20 E. Ordering that the Defendant surrender to Plaintiff all products or items
21 bearing the Plaintiff’s Designs or any derivatives, in Defendant’s possession,
22 custody or control; and
23 F. Ordering that the Defendant file with the Court a sworn statement detailing
24 its compliance with the requirements of such Court order or judgment;
25 G. Ordering Defendant to pay to Plaintiff the costs and disbursements of this
26 action; and
27 //
28 //
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1 H. Such other and further relief as the Court may deem just and equitable.
12/13/2021
2 DATED:
__________________________
3 MILES L. PRINCE
4 David L. Prince, Esq.
Miles L. Prince, Esq.
5 1912 E. Vernon Ave., Ste. 100
6 Los Angeles, CA 90058
(323) 234-2989 t
7
(323) 234-2619 f
8 Attorneys for Plaintiff
KEV & COOPER, LLC
9
10 JURY DEMAND
11 Pursuant to Federal Rule of Civil Procedure 38, Plaintiff demands a trial by
12 jury on all applicable issues.
13 DATED:
12/13/2021
14 __________________________
MILES L. PRINCE
15
David L. Prince, Esq.
16 Miles L. Prince, Esq.
1912 E. Vernon Ave., Ste. 100
17
Los Angeles, CA 90058
18 (323) 234-2989 t
(323) 234-2619 f
19
Attorneys for Plaintiff
20 KEV & COOPER, LLC
21
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Case 8:20-cv-01509-MCS-KES Document 63-1 Filed 12/13/21 Page 1 of 1 Page ID #:465
EXHIBIT A
Plaintiff’s ABC SHAPES RUG BEARING

ABC SHAPES DESIGN
EXHIBIT B
Plaintiff’s 4 SEASONS RUG BEARING

4 SEASONS DESIGN
EXHIBIT C
Images of Infringing Rugs

Kev &amp; Cooper v. Furnish My Place - First Amended Complaint

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Case 8:20-cv-01509-MCS-KES Document 63 Filed 12/13/21 Page 1 of 16 Page ID #:449

1 DAVID L. PRINCE, ESQ. #113599

5 Attorneys for Plaintiff, Kev & Cooper, LLC

11 KEV & COOPER, LLC, CASE NO.: 8:20-cv-01509-MCS-KES

12 Plaintiff, FIRST AMENDED COMPLAINT

15 FURNISH MY PLACE, LLC; and DEMAND FOR JURY TRIAL

FIRST AMENDED COMPLAINT FOR COPYRIGHT INFRINGEMENT

3 belief, and otherwise as to its own knowledge as follows:

8 2. Defendant Furnish My Place, LLC (“FMP” or “Defendant”) is a

11 derivatives thereof in direct competition with Plaintiff.

12 3. This action is brought to recover damages arising from Defendant’s

14 relief barring Defendant’s future sale of products infringing the Plaintiff’s

16 JURISDICTION AND VENUE

21 6. Venue is proper in this judicial district pursuant to 28 U.S.C. Sec.

23 7. This Court has personal jurisdiction over Defendant, which conducts

2 8. Plaintiff Kev & Cooper is a New Jersey limited liability company in

5 9. Plaintiff designs, manufactures and sells educational carpets that are

6 designed to appeal to children.

7 10. Defendant FMP is a North Carolina limited liability company having a

8 place of business at 815 Corporate Cir., Salisbury, North Carolina.

9 11. Defendant is a competitor of Plaintiff, and creates, commissions, and

11 States and abroad, including within this judicial district.

15 when such parties’ names and capacities have been ascertained.

16 PLAINTIFF’S COPYRIGHTED DESIGNS

18 dimensional artworks used for the purposes of printing images on children’s

21 002139787. The second is referred to herein as “Plaintiff’s 4 Seasons Design” and

26 15. Plaintiff designed the Plaintiff’s 4 Seasons Design in early 2017. A

2 are referred to as the “Plaintiff’s Designs”.

3 16. Plaintiff registered copyright in and to each of the Plaintiff’s Designs.

8 widely on the Internet in channels of trade common to children’s educational rugs.

10 Internet in 2017 in channels of trade common to children’s educational rugs.

13 and channels of trade as Defendant’s products.

14 DEFENDANT’S INFRINGING ACTS

15 20. Plaintiff discovered that Defendant created or caused to be created,

17 educational carpets that infringe Plaintiff’s copyrights in and to Plaintiff’s 4 Seasons

21 referred to as the “Defendant’s Infringing Seasons Rug”. Together, the Defendant’s

23 the “Infringing Rugs”.

25 Defendant’s Infringing Rugs had reasonable opportunities to view the Plaintiff’s

1 22. Due to Defendant’s and/or its employees’, agents’, or suppliers’, and

4 Designs. As such, Plaintiff is entitled to disgorgement of Defendant’s, profits

5 attributable to Defendant’s infringement of Plaintiff’s Designs in an amount to be

7 23. Defendant, and/or its employees, agents or manufacturers, and each of

10 be, willful, intentional and malicious.

11 24. Images of the Plaintiff’s 4 Seasons Design and the Defendant’s

12 Infringing Seasons Rug are set forth below:

13 Plaintiff’s 4 Seasons Design Defendant’s Infringing Seasons Rug

1 26. Defendant copied or caused to be copied the images Plaintiff’s

24 Infringing Seasons Rug are the same as Plaintiff’s “wind lines”.

2 minimal changes from Plaintiff’s copyrighted design.

3 28. Moreover, the Defendant’s Infringing Rug copied or caused to be copied

8 Plaintiff’s depiction of the four seasons rectangle layout by putting a narrower

9 identically formatted rectangle depicting numbered days of the week immediately

14 Infringing Shapes Rug are set forth below.

15 Plaintiff’s ABC Shapes Rug Defendant’s Infringing Shapes Rug

9 color is identical as well.

10 31. Defendant’s Infringing Rugs were copied from Plaintiff’s Designs at

11 the direction of Defendant or its agent or manufacturer, and infringe Plaintiff’s

13 FIRST CLAIM FOR RELIEF

14 (Copyright Infringement of Plaintiff’s 4 Seasons Design)

17 33. Plaintiff’s 4 Seasons Design is an original work of authorship and

20 are otherwise substantially similar, to Plaintiff’s 4 Seasons Design.

23 Plaintiff’s original layout, color scheme, selection and assembly of elements of

24 Plaintiff’s 4 Seasons Design.

28 Design. As discussed fully above, in the arrangements of the individual elements of

Kev & Cooper v. Furnish My Place - First Amended Complaint

Kev & Cooper v. Furnish My Place - First Amended Complaint