Professional Documents
Culture Documents
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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
E-Mail: mbaum@,rpblaw.com
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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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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
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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.
8.
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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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.
2 Registration for the Design from the United States Copyright Office, bearing
16.
17.
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.
18 and sale of the Infringing Garments, Defendants have infringed on Plaintiffs 19 Copyright in the Design. 20
21.
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
22.
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.
24.
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
25.
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.
20 through 25 hereinabove, and incorporates them by reference as if fully set forth 21 herein. 22
27.
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.
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.
30.
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.
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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.
33.
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.
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:
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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.
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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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
Bv: __________ Michael C. Baum Attorneys for Plaintiff Lauren Moshi, LLC
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7 3 Dated: Ammst 9. 2013
Bv:
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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 Stalts 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:
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
20 artwork United States Domiciled in: United States
Copyright claimant
Copyright Claimant: Lauren Moshi
Certification
Name: Date:
Exhibit 1
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Lauren Moshi Original Art
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