Levi Strauss v. Vineyard Vines - Complaint

Case 4:17-cv-05652-DMR Document 1 Filed 09/29/17 Page 1 of 11
1 KILPATRICK TOWNSEND & STOCKTON LLP

GREGORY S. GILCHRIST (State Bar No. 111536)
2 GIA L. CINCONE (State Bar No. 141668)
RYAN BRICKER (State Bar No. 269100)
3 CALLA E. YEE (State Bar No. 306652)
Two Embarcadero Center, Suite 1900
4 San Francisco, California 94111
Telephone: (415) 576-0200
5 Facsimile: (415) 576-0300
Email: ggilchrist@kilpatricktownsend.com
6 gcincone@kilpatricktownsend.com
rbricker@kilpatricktownsend.com
7 cyee@kilpatricktownsend.com
8 Attorneys for Plaintiff
LEVI STRAUSS & CO.
9
10 UNITED STATES DISTRICT COURT
11 FOR THE NORTHERN DISTRICT OF CALIFORNIA
12 LEVI STRAUSS & CO., Case No. 3:17-cv-5652
a Delaware corporation,
13 COMPLAINT FOR TRADEMARK
Plaintiff, INFRINGEMENT, UNFAIR
14 COMPETITION, AND DILUTION
v. (INJUNCTIVE RELIEF SOUGHT)
15
VINEYARD VINES, LLC, JURY TRIAL DEMAND
16 a Connecticut limited liability company,
17 Defendant.
18
19
20 Plaintiff Levi Strauss & Co. (LS&Co.) complains against Defendant Vineyard Vines, LLC
21 (Vineyard Vines) as follows:
22 JURISDICTION, VENUE AND INTRA-DISTRICT ASSIGNMENT
23 1. Plaintiff LS&Co.s first, second, and third claims arise under the Trademark Act
24 of 1946 (the Lanham Act), as amended by the Trademark Dilution Revision Act of 2006 (15 U.S.C.
25 1051, et seq.). This Court has jurisdiction over such claims pursuant to 28 U.S.C. 1338(a) and
26 1338(b) (trademark and unfair competition), 28 U.S.C. 1331 (federal question), and 15 U.S.C.
27 1121 (Lanham Act). This Court has supplemental jurisdiction over the remaining state law claims
28 under 28 U.S.C. 1367.
COMPLAINT Case No. 3:17-cv-5652 -1-

1 2. LS&Co. is informed and believes that venue is proper in this Court under 28 U.S.C.
2 1391(b) because Vineyard Vines transacts affairs in this district and because a substantial part of the
3 events giving rise to the claims asserted arose in this district.
4 3. Intra-district assignment to any division of the Northern District is proper under Local
5 Rule 3-2(c) and the Assignment Plan of this Court as an Intellectual Property Action.
6 PARTIES
7 4. LS&Co. is a Delaware corporation with its principal place of business at Levis Plaza,
8 1155 Battery Street, San Francisco, California 94111. Operating since approximately the 1850s,
9 LS&Co. is one of the oldest and best known apparel companies in the world. It manufactures,
10 markets, and sells a variety of apparel, including its traditional LEVIS brand products.
11 5. LS&Co. is informed and believes that defendant Vineyard Vines is a Connecticut
12 limited liability company with its principal place of business at 181 Harbor Drive, Stamford,
13 Connecticut 06902. LS&Co. is informed and believes that Vineyard Vines manufactures, distributes,
14 and/or sells, or has manufactured, distributed, and/or sold, jeans and pants under the brand name
15 Vineyard Vines, which are offered for sale and sold throughout the United States, including in this
16 judicial district. LS&Co. is further informed and believes that Vineyard Vines has authorized,
17 directed, and/or actively participated in the wrongful conduct alleged herein.
18 FACTS AND ALLEGATIONS COMMON TO ALL CLAIMS
19 LS&Co.s Tab Trademark
20 6. LS&Co. marks its LEVIS brand products with a set of trademarks that are famous
21 around the world. For many years prior to the events giving rise to this Complaint and continuing
22 to the present, LS&Co. annually has spent great amounts of time, money, and effort advertising and
23 promoting the products on which its trademarks are used and has sold many millions of these products
24 all over the world, including throughout the United States and in California. Through these invest-
25 ments and large sales, LS&Co. has created considerable goodwill and a reputation for quality
26 products. LS&Co. continuously has used these trademarks, some for well over a century, to
27 distinguish its products.
28 / / /

1 7. Most of LS&Co.s trademarks are federally registered; all are in full force and effect,
2 valid and protectable, and exclusively owned by LS&Co. LS&Co. continuously has used each of its
3 trademarks, from the registration date or earlier, until the present and during all time periods relevant
4 to LS&Co.s claims.
5 8. Among its marks, LS&Co. owns the famous Tab Device Trademark (the Tab trade-
6 mark), which consists of a textile marker or other material sewn into one of the regular structural
7 seams of the garment. LS&Co. uses the Tab trademark on LEVIS jeans and pants, and a variety
8 of other clothing products.
9 9. LS&Co. began to display the Tab trademark on the rear pocket of its pants in 1936
10 when its then National Sales Manager, Leo Christopher Lucier, proposed placing a folded cloth ribbon
11 in the structural seams of the rear pocket. The purpose of this tab was to provide sight identifica-
12 tion of LS&Co.s products. Given the distinctiveness of the Tab trademark, Mr. Lucier asserted that
13 no other maker of overalls can have any other purpose in putting a colored tab on an outside patch
14 pocket, unless for the express and sole purpose of copying our mark, and confusing the customer.
15 10. LS&Co. owns, among others, the following United States Registrations for its Tab
16 trademark, attached as Exhibit A. These registrations have become incontestable under the provisions
17 of 15 U.S.C. 1065.
18 a. Registration No. 356,701 (first used as early as September 1, 1936;
19 registered May 10, 1938);
20 b. Registration No. 516,561 (first used as early as September 1, 1936;
21 registered October 18, 1949);
22 c. Registration No. 577,490 (first used as early as September 1, 1936;
23 registered July 21, 1953);
24 d. Registration No. 774,625 (first used as early as May 22, 1963; registered
25 August 4, 1964);
26 e. Registration No. 775,412 (first used as early as October 9, 1957;
27 registered August 18, 1964); and
28 / / /

1 f. Registration No. 1,157,769 (first used as early as September 1, 1936;

2 registered June 16, 1981).
3 11. The Tab trademark is valid and protectable, and exclusively owned by LS&Co. The
4 Tab trademark is famous and recognized around the world and throughout the United States by con-
5 sumers as signifying authentic, high quality LEVIS jeans and pants. The Tab trademark became
6 famous prior to Vineyard Vines conduct that is the subject of this Complaint.
7 12. Examples of LS&Co.s use of its Tab trademark on LEVIS jeans and pants are
8 attached as Exhibit B.
9 Vineyard Vines Infringement of LS&Co.s Tab Trademark
10 13. Beginning at some time in the past and continuing until the present, Vineyard Vines
11 has manufactured, promoted, and sold garments that infringe and dilute LS&Co.s Tab trademark.
12 14. In particular, LS&Co. is informed and believes that Vineyard Vines has manufactured,
13 sourced, marketed, and/or sold substantial quantities of jeans and pants bearing pocket tab devices
14 that are highly similar to LS&Co.s Tab trademark (hereinafter Vineyard Vines Tab) and are likely
15 to confuse consumers about the source of Vineyard Vines products and/or a relationship between
16 Vineyard Vines and LS&Co. Images of Vineyard Vines products bearing the Vineyard Vines
17 Tab are attached to this Complaint as Exhibit C.
18 15. LS&Co. is informed and believes that Vineyard Vines has manufactured, marketed,
19 and sold substantial quantities of products bearing the Vineyard Vines Tab, and has obtained and
20 continues to obtain substantial profits from these sales.
21 16. Vineyard Vines actions have caused and will cause LS&Co. irreparable harm for
22 which money damages and other remedies are inadequate. Unless Vineyard Vines is restrained by
23 this Court, it will continue and/or expand its illegal activities and otherwise continue to cause great
24 and irreparable damage and injury to LS&Co. by, among other things:
25 a. Depriving LS&Co. of its statutory rights to use and control use of
26 its trademark;
27 b. Creating a likelihood of confusion, mistake, and deception among
28 consumers and the trade as to the source of the infringing products;

1 c. Causing the public falsely to associate LS&Co. with Vineyard Vines

2 and/or its products, or vice versa;
3 d. Causing incalculable and irreparable damage to LS&Co.s goodwill
4 and diluting the capacity of its Tab trademark to differentiate LEVIS
5 products from others; and
6 e. Causing LS&Co. to lose sales of its genuine clothing products.
7 17. Accordingly, in addition to other relief sought, LS&Co. is entitled to injunctive relief
8 against Vineyard Vines, its affiliates, licensees, subsidiaries, and all persons acting in concert with it.
9 FIRST CLAIM
FEDERAL TRADEMARK INFRINGEMENT
10 (15 U.S.C. 1114-1117; Lanham Act 32)
11 18. LS&Co. realleges and incorporates by reference each of the allegations contained
12 in paragraphs 1 through 17 of this Complaint.
13 19. Without LS&Co.s consent, Vineyard Vines has used, in connection with the sale,
14 offering for sale, distribution, or advertising of its products, designs that infringe upon LS&Co.s
15 registered Tab trademark.
16 20. These acts of trademark infringement have been committed with the intent to cause
17 confusion, mistake, or deception, and are in violation of 15 U.S.C. 1114.
18 21. As a direct and proximate result of Vineyard Vines infringing activities, LS&Co.
19 is entitled to recover Vineyard Vines unlawful profits and LS&Co.s substantial damages under
20 15 U.S.C. 1117(a).
21 22. Vineyard Vines infringement of LS&Co.s Tab trademark is an exceptional case and
22 was intentional, entitling LS&Co. to treble the amount of its damages and Vineyard Vines profits,
23 and to an award of attorneys fees under 15 U.S.C. 1117(a).
24 23. LS&Co. is entitled to injunctive relief pursuant to 15 U.S.C. 1116(a).
25 / / /
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1 SECOND CLAIM
FEDERAL UNFAIR COMPETITION
2 (False Designation of Origin and False Description)
(15 U.S.C. 1125(a); Lanham Act 43(a))
3
4 24. LS&Co. realleges and incorporates by reference each of the allegations contained in
5 paragraphs 1 through 23 of this Complaint.
6 25. Vineyard Vines use of the Vineyard Vines Tab tends falsely to describe its products
7 within the meaning of 15 U.S.C. 1125(a)(1). Vineyard Vines conduct is likely to cause confusion,
8 mistake, or deception by or in the public as to the affiliation, connection, association, origin, sponsor-
9 ship, or approval of Vineyard Vines products to the detriment of LS&Co. and in violation of
10 15 U.S.C. 1125(a)(1).
11 26. As a direct and proximate result of Vineyard Vines infringing activities, LS&Co.
12 is entitled to recover Vineyard Vines unlawful profits and LS&Co.s substantial damages under
13 15 U.S.C. 1117(a).
14 27. Vineyard Vines infringement of LS&Co.s Tab trademark is an exceptional case and
15 was intentional, entitling LS&Co. to treble the amount of its damages and Vineyard Vines profits,
16 and to an award of attorneys fees under 15 U.S.C. 1117(a).
17 28. LS&Co. is entitled to injunctive relief pursuant to 15 U.S.C. 1116(a).
18 THIRD CLAIM
FEDERAL DILUTION OF FAMOUS MARKS
19 (Trademark Dilution Revision Act of 2006)
(15 U.S.C. 1125(c); Lanham Act 43(c))
20
23 30. LS&Co.s Tab trademark is distinctive and famous within the meaning of the
24 Trademark Dilution Revision Act of 2006, 15 U.S.C. 1125(c), and was distinctive and famous
25 prior to Vineyard Vines conduct as alleged in this Complaint.
26 31. Vineyard Vines conduct is likely to cause dilution of LS&Co.s Tab trademark by
27 diminishing its distinctiveness in violation of the Trademark Dilution Revision Act of 2006, 15 U.S.C.
28 1125(c).

1 32. LS&Co. is entitled to injunctive relief pursuant to 15 U.S.C. 1116(a) and 1125(c).
2 FOURTH CLAIM
CALIFORNIA TRADEMARK INFRINGEMENT AND DILUTION
3 (Cal. Bus. & Prof. Code 14245, 14247, 14250)
6 34. Vineyard Vines infringement of LS&Co.s Tab trademark is likely to cause consumer
7 confusion and dilution of LS&Co.s marks in violation of California Business & Professions Code
8 sections 14245 and 14247.
9 35. Vineyard Vines infringed and diluted LS&Co.s Tab trademark with knowledge and
10 intent to cause confusion, mistake, or deception.
11 36. Vineyard Vines conduct is aggravated by that kind of willfulness, wantonness, malice,
12 and conscious indifference to the rights and welfare of LS&Co. for which California law allows the
13 imposition of exemplary damages.
14 37. Pursuant to California Business & Professions Code sections 14247 and 14250,
15 LS&Co. is entitled to injunctive relief and damages in the amount of three times Vineyard Vines
16 profits and three times all damages suffered by LS&Co. by reason of Vineyard Vines manufacture,
17 use, display, or sale of infringing goods.
18 FIFTH CLAIM
CALIFORNIA UNFAIR COMPETITION
19 (Cal. Bus. & Prof. Code 17200)
22 39. Vineyard Vines conduct as alleged in this Complaint constitutes unlawful, unfair or
23 fraudulent business act[s] or practice[s] and unfair, deceptive, untrue or misleading advertising within
24 the meaning of California Business & Professions Code section 17200.
25 40. As a consequence of Vineyard Vines actions, LS&Co. is entitled to injunctive relief
26 preventing the conduct alleged in this Complaint.
27 / / /
28 / / /

1 PRAYER FOR JUDGMENT

2 WHEREFORE, LS&Co. prays that this Court grant it the following relief:
3 1. Adjudge that LS&Co.s Tab trademark has been infringed by Vineyard Vines in
4 violation of LS&Co.s rights under common law, 15 U.S.C. 1114, and/or California law;
5 2. Adjudge that Vineyard Vines has competed unfairly with LS&Co. in violation of
6 LS&Co.s rights under common law, 15 U.S.C. 1125(a), and/or California law;
7 3. Adjudge that Vineyard Vines activities are likely to dilute LS&Co.s famous Tab
8 trademark in violation of LS&Co.s rights under common law, 15 U.S.C. 1125(c), and/or California
9 law;
10 4. Adjudge that Vineyard Vines and its agents, employees, attorneys, successors, assigns,
11 affiliates, and joint venturers, and any person(s) in active concert or participation with it, and/or any
12 person(s) acting for, with, by, through, or under it, be enjoined and restrained at first during the
13 pendency of this action and thereafter permanently from:
14 a. Manufacturing, producing, sourcing, importing, selling, offering for
15 sale, distributing, advertising, or promoting any goods that display any
16 words or symbols that so resemble LS&Co.s Tab trademark as to be
17 likely to cause confusion, mistake, or deception, on or in connection
18 with any product that is not authorized by or for LS&Co., including,
19 without limitation, any product that bears the Vineyard Vines Tab
20 which is the subject of this Complaint and for which Vineyard Vines
21 is responsible, or any other approximation of LS&Co.s trademarks;
22 b. Using any word, term, name, symbol, device, or combination thereof
23 that causes or is likely to cause confusion, mistake, or deception as
24 to the affiliation or association of Vineyard Vines or its products
25 with LS&Co. or as to the origin of Vineyard Vines goods, or any false
26 designation of origin, false or misleading description or representation
27 of fact, or any false or misleading advertising;
28 / / /

1 c. Further infringing the rights of LS&Co. in and to any of its trademarks

2 in its LEVIS brand products or otherwise damaging LS&Co.s good-
3 will or business reputation;
4 d. Further diluting the Tab trademark;
5 e. Otherwise competing unfairly with LS&Co. in any manner; and
6 f. Continuing to perform in any manner whatsoever any of the other acts
7 complained of in this Complaint;
8 5. Adjudge that Vineyard Vines be required immediately to supply LS&Co.s counsel
9 with a complete list of individuals and entities from whom or which it purchased, and to whom or
10 which it sold, offered for sale, distributed, advertised, or promoted, infringing products as alleged
11 in this Complaint;
12 6. Adjudge that Vineyard Vines be required immediately to deliver to LS&Co.s counsel
13 its entire inventory of infringing products, including, without limitation, pants and any other clothing,
14 packaging, labeling, advertising, and promotional material, and all plates, patterns, molds, matrices,
15 and other material for producing or printing such items, that are in its possession or subject to its
16 control and that infringe LS&Co.s trademarks as alleged in this Complaint;
17 7. Adjudge that Vineyard Vines, within thirty (30) days after service of the judgment
18 demanded herein, be required to file with this Court and serve upon LS&Co.s counsel a written
19 report under oath setting forth in detail the manner in which it has complied with the judgment;
20 8. Adjudge that LS&Co. recover from Vineyard Vines its damages and lost profits,
21 and Vineyard Vines profits, in an amount to be proven at trial, as well as punitive damages under
22 California law;
23 9. Adjudge that Vineyard Vines be required to account for any profits that are attributable
24 to its illegal acts, and that LS&Co. be awarded (1) Vineyard Vines profits and (2) all damages
25 sustained by LS&Co., under 15 U.S.C. 1117, plus prejudgment interest;
26 10. Adjudge that the amounts awarded to LS&Co. pursuant to 15 U.S.C. 1117 shall be
27 trebled;
28 / / /

1 11. Order an accounting of and impose a constructive trust on all of Vineyard Vines funds
2 and assets that arise out of its infringing activities;
3 12. Adjudge that LS&Co. be awarded its costs and disbursements incurred in connection
4 with this action, including LS&Co.s reasonable attorneys fees and investigative expenses; and
5 13. Adjudge that all such other relief be awarded to LS&Co. as this Court deems just and
6 proper.
7
8 Dated: September 29, 2017 Respectfully submitted,

10
11 By:
/s/ Ryan Bricker
12 Ryan Bricker
LEVI STRAUSS & CO.
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COMPLAINT Case No. 3:17-cv-5652 - 10 -

1 DEMAND FOR JURY TRIAL

2 Levi Strauss & Co. demands that this action be tried to a jury.
3
4 Dated: September 29, 2017 Respectfully submitted,

6
7 By:
/s/ Ryan Bricker
8 Ryan Bricker
LEVI STRAUSS & CO.
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COMPLAINT Case No. 3:17-cv-5652 - 11 -

Case 4:17-cv-05652-DMR Document 1-1 Filed 09/29/17 Page 1 of 7
EXHIBIT A
Exhibit A-1
Exhibit A-2
Exhibit A-3
Exhibit A-4
Exhibit A-5
Exhibit A-6
EXHIBIT B
Exhibit B-1
Exhibit B-2
Exhibit B-3
Exhibit B-4
Exhibit B-5
Exhibit B-6
Exhibit B-7
Exhibit B-8
EXHIBIT C
Exhibit C-1
Exhibit C-2
Exhibit C-3
Exhibit C-4
Exhibit C-5
Exhibit C-6
Exhibit C-7
Exhibit C-8
CIVIL COVER SHEET
JS-CAND 44 (Rev. 06/17)
The JS-CAND 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law,
except as provided by local rules of court. This form, approved in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of
Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
LEVI STRAUSS & CO., a Delaware corporation VINEYARD VINES, LLC, a Connecticut limited liability company
(b) County of Residence of First Listed Plaintiff San Francisco County County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
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(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Gregory S. Gilchrist | Gia L. Cincone | Ryan Bricker | Calla E. Yee
Kilpatrick Townsend & Stockton LLP, Two Embarcadero Center, Suite 1900
San Francisco, California 94111 | Telephone: (415) 576-0200
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(For Diversity Cases Only) and One Box for Defendant)
PTF DEF PTF DEF
1 U.S. Government Plaintiff 3 Federal Question Citizen of This State 1 1 Incorporated or Principal Place 4 4
(U.S. Government Not a Party)
of Business In This State
Citizen of Another State 2 2 Incorporated and Principal Place 5 5
2 U.S. Government Defendant 4 Diversity of Business In Another State
(Indicate Citizenship of Parties in Item III)
Citizen or Subject of a 3 3 Foreign Nation 6 6
Foreign Country
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CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure of 422 Appeal 28 USC 158 375 False Claims Act
120 Marine Property 21 USC 881 423 Withdrawal 28 USC 376 Qui Tam (31 USC
310 Airplane 365 Personal Injury Product
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151 Medicare Act Product Liability
345 Marine Product Liability 740 Railway Labor Act Drug Application 460 Deportation
152 Recovery of Defaulted PERSONAL PROPERTY 470 Racketeer Influenced &
350 Motor Vehicle 751 Family and Medical 840 Trademark
Student Loans (Excludes 370 Other Fraud Corrupt Organizations
355 Motor Vehicle Product Leave Act
Veterans) 371 Truth in Lending SOCIAL SECURITY 480 Consumer Credit
Liability 790 Other Labor Litigation
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REAL PROPERTY 442 Employment Defendant)
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Conditions of
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1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District (specify) LitigationTransfer LitigationDirect File
VI. CAUSE OF Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
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ACTION
Brief description of cause:
Trademark infringement, unfair competition, and dilution; injunctive relief sought.
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VIII. RELATED CASE(S), JUDGE DOCKET NUMBER

IF ANY (See instructions):
IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2)
(Place an X in One Box Only) SAN FRANCISCO/OAKLAND SAN JOSE EUREKA-MCKINLEYVILLE
DATE September 29, 2017 SIGNATURE OF ATTORNEY OF RECORD /s/ Ryan Bricker
JS-CAND 44 (rev. 07/16) Case 4:17-cv-05652-DMR Document 1-4 Filed 09/29/17 Page 2 of 2
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(8) Multidistrict Litigation Direct File. Check this box when a multidistrict litigation case is filed in the same district as the Master MDL docket.
Please note that there is no Origin Code 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statute.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553. Brief Description: Unauthorized reception of cable service.
VII. Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Federal Rule of Civil Procedure 23.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS-CAND 44 is used to identify related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
IX. Divisional Assignment. If the Nature of Suit is under Property Rights or Prisoner Petitions or the matter is a Securities Class Action, leave this
section blank. For all other cases, identify the divisional venue according to Civil Local Rule 3-2: the county in which a substantial part of the
events or omissions which give rise to the claim occurred or in which a substantial part of the property that is the subject of the action is situated.
Date and Attorney Signature. Date and sign the civil cover sheet.

Levi Strauss v. Vineyard Vines - Complaint

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Levi Strauss v. Vineyard Vines - Complaint

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Case 4:17-cv-05652-DMR Document 1 Filed 09/29/17 Page 1 of 11

1 KILPATRICK TOWNSEND & STOCKTON LLP

21 (Vineyard Vines) as follows:

22 JURISDICTION, VENUE AND INTRA-DISTRICT ASSIGNMENT

28 under 28 U.S.C. 1367.

COMPLAINT Case No. 3:17-cv-5652 -1-

COMPLAINT Case No. 3:17-cv-5652 -2-

COMPLAINT Case No. 3:17-cv-5652 -3-

1 f. Registration No. 1,157,769 (first used as early as September 1, 1936;

COMPLAINT Case No. 3:17-cv-5652 -4-

1 c. Causing the public falsely to associate LS&Co. with Vineyard Vines

COMPLAINT Case No. 3:17-cv-5652 -5-

COMPLAINT Case No. 3:17-cv-5652 -6-

COMPLAINT Case No. 3:17-cv-5652 -7-

1 PRAYER FOR JUDGMENT

COMPLAINT Case No. 3:17-cv-5652 -8-

1 c. Further infringing the rights of LS&Co. in and to any of its trademarks

COMPLAINT Case No. 3:17-cv-5652 -9-

8 Dated: September 29, 2017 Respectfully submitted,

COMPLAINT Case No. 3:17-cv-5652 - 10 -

1 DEMAND FOR JURY TRIAL

4 Dated: September 29, 2017 Respectfully submitted,

COMPLAINT Case No. 3:17-cv-5652 - 11 -

IV. NATURE OF SUIT (Place an X in One Box Only)

V. ORIGIN (Place an X in One Box Only)

VIII. RELATED CASE(S), JUDGE DOCKET NUMBER

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-CAND 44

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