P and P Imports v. 99 Cents Only Stores - Amended Complaint

Case 8:18-cv-01099-JVS-JDE Document 18 Filed 08/21/18 Page 1 of 27 Page ID #:109
1
LEVIN & DICTEROW
William E. Levin, SBN 104631
2 Steven M. Dicterow, SBN 89371
3 668 N. Coast Highway, Suite 1264
Laguna Beach, CA 92651
4
williamlevin@hotmail.com
5 sdicterow1121@yahoo.com
6
(949) 613-5131
7 Attorney for Plaintiff,

8 P&P IMPORTS LLC.
9
10 UNITED STATES DISTRICT COURT

11 CENTRAL DISTRICT OF CALIFORNIA
12
13 ) Civ. Case No.: 8:18-cv-01099

P&P Imports LLC, a California )
14
Limited Liability Corporation
15 )
16 ) PLAINTIFF P&P IMPORTS LLC’S
Plaintiffs, FIRST AMENDED COMPLAINT
17 ) AGAINST 99 CENTS ONLY
18 ) STORES LLC, MOMENTUM
v. BRANDS, INC., AND NUMBER
19 )
HOLDINGS, INC. FOR
20
99 Cents Only Stores LLC, a ) 1) COPYRIGHT INFRINGEMENT,
California Limited Liability ) 2) FALSE ADVERTISING,
21
Corporation d/b/a Momentum 3) TRADE DRESS
22 ) INFRINGEMENT,
Brands, Momentum Brands, Inc., a
23 California Corporation Number ) 4) UNFAIR COMPETITION, AND
RELATED CLAIMS
24 Holdings, Inc., a Delaware )
Corporation, and Does 1-10 Inclusive )
25
DEMAND FOR JURY TRIAL
26 )
Defendants. )
27
28 )
1
P&P’s First Amended Complaint for Copyright Infringement, False Advertising,
Trade Dress Infringement, Unfair Competition, etc.
1 Plaintiff P&P IMPORTS LLC (“P&P” or “Plaintiff”), by and through its

2 counsel, alleges for its First Amended Complaint against Defendants 99 CENTS
3 ONLY STORES LLC, d/b/a Momentum Brands (“99 Cents”), Momentum Brands,
4 Inc. (“Momentum Brands”), and NUMBER HOLDINGS, INC. (“Number
5 Holdings”), (collectively “Defendants”) as follows:
6 NATURE OF THE ACTION
7 1. This is an action for copyright infringement under federal law, false
8 advertising under federal and California law, trade dress infringement under federal
9 and California common law, unfair competition under federal and California law,
10 and related state claims, based on Defendant’s intentional and repeated pattern of
11
unfair competition, and the other wrongful acts of Defendant alleged herein.
12
THE PARTIES
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Plaintiff P&P
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2. Plaintiff P&P is a limited liability corporation organized and existing
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under the laws of the State of California, having a principal place of business at
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3233 West Castor Street, Santa Ana, CA, 92704.
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Defendants
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3. On information and belief, Defendant 99 Cents Only Stores LLC, is a
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limited liability corporation organized and existing under the laws of the state of
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California since 1965, having a principal place of business at 4000 East Union
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Pacific Avenue, Commerce, California 90023, and does business in this judicial
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district, including in Orange County. On information and belief it does business as
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Momentum Brands. Its agent for service of process’s listed address in the Secretary
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of State’s corporate records is 818 West Seventh Street, Suite 930, Los Angeles,
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California 90017. On information and belief 99 Cents is a subsidiary of defendant
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Number Holdings. On information and belief, 99 Cents operates 391 retail stores
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located in California, Texas, Arizona, and Nevada, and has an annual revenue of
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2
1 over $ 2,000,000,000 (billion).

2 4. On information and belief, Defendant Momentum Brands, Inc., is a
3 corporation organized and existing under the laws of the state of California, having
4 a principal place of business at 4000 East Union Pacific Avenue, Commerce,
5 California 90023. Its agent for service of process’ listed address in the Secretary of
6 State’s corporate records is the same, 4000 East Union Pacific Avenue, Commerce,
7 California 90023. On information and belief, Momentum Brands, Inc., is currently
8 suspended by the Franchise Tax Board for failure to meet tax requirements and is
9 still doing business in the state of California. Attached hereto as Exhibit 1 is a true
10 and correct copy of the Secretary of State’s website Entity Detail information for
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MOMENTUM BRANDS, INC., on May 10, 2018.
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5. On information and belief, Defendant Number Holdings, Inc., is a
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corporation organized and existing under the laws of the state of Delaware, having
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a principal place of business at 2000 Avenue of the Stars, 12th Floor, Los Angeles,
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California 90023, an address which is linked to the Paradise Papers global
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investigations. Its agent for service of process’ listed address in the Delaware
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Department of State’s records is THE CORPORATION TRUST COMPANY,
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Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801. On
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information and belief, Number Holdings is the parent company of 99 Cents, and
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exercises full control over 99 Cents or Momentum Brands or both.
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JURISDICTION AND VENUE
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6. This Court has subject matter jurisdiction over this lawsuit under 28
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U.S.C. §§ 1331, 1337, and 1338 because the suit arises under the copyright, false
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advertising, trade dress, and unfair competition laws of the United States, including
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17 U.S.C. § 101 et seq., 15 U.S.C. § 1125, and the Court has pendant jurisdiction
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of any and all state causes of action under 28 U.S.C. § 1367.
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1 7. This Court has personal jurisdiction over the Defendants because, inter
2 alia, on information and belief, the Defendants transact business in the Central
3 District of California, including in Orange County.
4 8. Venue is proper in this District under 28 U.S.C. § 1391(b)(2) and
5 otherwise because a substantial part of the events or omissions giving rise to these
6 claims for copyright infringement, unfair competition, false advertising, trade dress
7 infringement, and related state claims, occurred in this judicial district, including in
8 Orange County.
9 9. On information and belief, the Defendants have advertised, sold,
10 and/or distributed the products complained of in this Complaint in this judicial
11
district, and engaged in the wrongful acts alleged herein in this judicial district,
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including in Orange County.
13
FACTS
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P&P’S ACTIVITIES
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10. Plaintiff P&P designs, manufactures, markets, and distributes a wide
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range of high-quality outdoor lawn game products under its GoSports® brand
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primarily aimed at the niche outdoor lawn game marketplace as well as high-quality
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pool floats under its GoPong® and GoFloats™ brands. Upon information and
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belief, a high percentage of consumers in that marketplace are aware of P&P, its
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GoSports® lawn game products, its GoPong® and GoFloats™ pool floats and their
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good reputations. P&P’s high-quality products are carried and sold by large
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retailers, in-store and on-line, such as Amazon.com, WalMart.com, Wayfair, Houzz
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and eBay, and are sold in and across the United States, Canada, and the United
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Kingdom.
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P&P’S BACKGROUND AND HISTORY OF TWO COLLEGE
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FRIENDS LAUNCHING THEIR DREAM
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1 11. P&P Imports was started from humble beginnings in 2007 by two
2 friends, Peter Engler and Peter Tanoury. The two California natives met in the
3 freshman dorms at the University of Colorado at Boulder and during their senior
4 year hatched a plan to create a company that would design and manufacture
5 innovative consumer products. Their first product design was drawn on the back
6 of a pizza box and took months to develop, but over the years while their process
7 has become more efficient, their attention to detail has not wavered. The start was
8 slow, but Peter & Peter were able to organically grow their company from a single
9 product and 0 employees to their current offering of over 250 products and a staff
10 of over 15 employees in its Orange County headquarters. P&P continually strives
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to design and market products that bring enjoyment to patrons of all ages. The
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success of P&P is largely due to their ability to design and develop high quality
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products that stand above many of the other low-cost alternatives. P&P employs a
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full time, in-house design team in their Orange County office who are responsible
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for P&P's product design, including functional and aesthetic aspects, packaging
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design, product photography and editing, instructional inserts and
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advertisements. A typical product requires hundreds of hours of development time
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to ensure it will meet P&P's customers' expectations. In the ultra-competitive world
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of ecommerce, the product's visual appearance is the modern version of retail
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packaging that allows customers to associate a product with a brand. P&P therefore
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goes to great lengths to ensure their high-quality products have their own unique
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look to set them apart from the competition. That way, customers searching for
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P&P's high-quality items can instantly pick them out from the many low-cost
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alternatives, all of which have a different overall look and appearance from that of
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P&P’s products.
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1 12. P&P has been in this business continuously since about 2007, and the
2 products and TRADE DRESS, defined below, have been in use and sold in
3 interstate commerce continuously since the date set forth below.
4 13. As discussed below, Defendants are direct competitors of P&P in the
5 above described interstate marketplace, including in Orange County, California,
6 and elsewhere in the U.S., and, upon information and belief, copied P&P’s
7 copyrighted works and adopted their INFRINGING TRADE DRESS, as defined
8 below, with full knowledge of P&P’s copyrighted works and TRADE DRESS, as
9 defined below, and prior and superior rights to same, and with the knowledge and
10 intent to cause confusion of source or sponsorship as to the parties’ respective
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products, and to profit economically from the commercial exploitation of the
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copyrighted works without paying the customary price.
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P&P’S COPYRIGHTED WORKS AND PRODUCT WHICH
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DEFENDANTS COPIED IDENTICALLY IN MARKETING
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DEFENDANTS’ PRODUCT
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14. P&P protects their original works using all available means, including
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copyrighting their original works, and registering many of such originals. P&P
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registers the copyrights in their works in order to prevent unauthorized parties,
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especially competitors, from using P&P’s original works for their own gain. P&P’s
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copyrighted works appear on the internet and in printed materials in connection
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with the advertising, offering for sale, and selling of P&P’s products which embody
22
the copyrighted works.
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15. On or about January 13, 2017, P&P was issued US Copyright
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Registration Number TX 8-488-151 (“the 151 Registration”) entitled “P&P Imports
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2016 Lookbook.” A true and correct copy of the copyright registration certificate
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is attached hereto as Exhibit 2. On page 69 through 75 of said Lookbook, there is
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a display of the copyrighted original works of P&P’s Flamingo Party Tube (“P&P’s
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6
1 Flamingo”), which pages are attached hereto as Exhibit 3. On or about August 15,
2 2016, P&P was issued US Copyright Registration Number VA 2-013-842 (“the 842
3 Registration”) entitled “P&P Imports 2016 Lookbook.” A true and correct copy of
4 the certificate of registration, the 842 Registration, is attached hereto as EXHIBIT
5 9. The previous copyright registration, Ex. 9, the 842 Registration, was
6 supplemented by the later, the 151 Registration. On or about June 19, 2018, P&P
7 filed an application for copyright registration, Case Number 1-6693101003 (“the
8 1003 Application”), entitled Flamingo 01, with the U.S. Copyright Office
9 concerning P&P’s rights in its original flamingo work. The 1003 Application
10 includes all of the images, photos, and artwork, and related literature for P&P’s
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Flamingo. A true and correct copy of the materials submitted as deposit works for
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the 1003 Application are attached hereto as EXHIBIT 10 and are shown below:
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1 (Above images from Exhibit 10)

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10
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13 (Image of P&P’s Flamingo from page 69 of the 2016 LookBook – Exhibit 3)

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15 16. Beginning in at least March 12, 2018, Defendants began to use,

16 without authority, permission or licensefrom Plaintiff, registered copyrighted
17 works (as displayed in the 842 Registration and the 151 Registration)(collectively,
18 “the Registered Works”), and the copyrighted works shown in the 1003
19 Application, to promote, make, and sell Defendants’ competing, identical product
20 entitled GABOSS Jumbo Inflatable Flamingo Pool Float (“Infringing Flamingo”)
21 across the United States, online and primarily through 99 Cents’ retail stores.
22 17. P&P Imports conducted a sample buy on March 12, 2018, Amazon
23 order # 114-0328607-8523435, of Defendants’ Infringing Flamingo.
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18. Attached hereto as Exhibit 4 are true and accurate images of
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Defendants’ Infringing Flamingo, and which are used by Defendants in their
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advertisements of their Infringing Flamingo as they appear(ed) on the internet.
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10
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(Image of Defendants’ Infringing Flamingo from Exhibit 4)
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19. Upon information and belief, Defendants had access to the websites in
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which P&P’s copyrighted works appear, accessed the websites, located the
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copyrighted works, developed exact copies of the works, took photographs of the
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copied works now placed on Defendant’s product and packaging, uploaded the
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photographs onto various websites, and physically distributed Defendants’
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Infringing Flamingo product to Defendants’ customers.
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20. The Infringing Flamingo is 100% identical to P&P’s in appearance and
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is intentionally designed and intended to cause confusion to consumers so that
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consumers are likely to mistakenly believe that they are viewing and buying P&P’s
22
products, or at minimum viewing products made from the same source or to the
23
same specifications or that there is some affiliation, relationship, license,
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endorsement, or sponsorship between the Infringing Flamingo and P&P’s
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Flamingo, or P&P and the Defendants, and upon information and belief is causing
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actual confusion. Indeed, there can be little, if any, justification for such confusingly
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similar, and/or substantially identical, packaging and competing trade dresses,
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1 except to benefit from, capitalize upon, take advantage of, and ride upon the
2 coattails of, P&P’s TRADE DRESS (as defined below) and their secondary
3 meaning and reputations, and their copyrighted works.
4 21. On March 14, 2018, P&P’s attorney sent a cease and desist letter to 99
5 Cents Only Stores and Momentum Brands demanding that Defendants stop
6 infringing P&P’s registered copyright. Defendants failed to respond or
7 acknowledge P&P’s cease and desist letter and, upon information and belief,
8 continues to willfully sell their infringing product to this day, and to infringe upon
9 the registered, copyrighted works. Attached hereto as Exhibit 5 is a true and correct
10 copy of the March 14, 2018 cease and desist letter.
11
12
P&P’S DEFINED TRADE DRESS
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22. P&P has created, among others, the following trade dress for its
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Flamingo Party Tube product, P&P’s FLAMINGO TRADE DRESS, which is
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depicted in Exhibit 6, attached hereto and incorporated herein by reference. The
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trade dress is described below in more detail and include the overall look and feel
17
of the product’s design, as shown below in Exhibit 6, such as the color combinations
18
used, the size, texture, dimensions, shape of individual elements, and the total visual
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impact of all the foregoing.
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23. One of P&P’s primary goals has been to build up strong trade dresses
21
for its products, that customers can and will uniquely and strongly associate with
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its innovative quality products and stellar customer service, utilizing distinctive
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ornamental product designs to distinguish its products in the marketplace. In this
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effort, P&P has in the past, and continues to the present, to create new designs with
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strong branding which have a unique style and look that is separate and distinct
26
from that of any competitors for similar products.
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1 24. P&P engages in a laborious, and highly creative, design process to

2 create its products and trade dresses, using a dedicated in-house design team, often
3 spending months to develop new products and their trade dresses, and marketing
4 materials, including photographs showing the trade dresses from specific angles, to
5 ensure that the trade dresses will be differentiated in the marketplace from those of
6 P&P’s competitors. That design and creation process has already been described
7 above, and adds to the cost of the product and/or reduces P&P’s profit margins for
8 its sales. For a competitor like 99 Cents and Momentum Brands to be able to
9 infringe on P&P’s trade dresses, gives such a competitor an unfair advantage and
10 also constitutes unfair competition, in that such competitors avoid the design and
11
creation process by copying P&P’s trade dress.
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25. The design and overall appearance of P&P’s products is arbitrary and
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unusual, and significantly different from products sold by its competitors. These
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products deliberately incorporate many individual elements that are non-functional
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in nature and selected solely or primarily to distinguish P&P’s products in the
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marketplace. For example, P&P uses special fonts, colors and color combinations,
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textures, shapes, sizes, and arrangements of individual elements, which serve only
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to identify its products and their look to consumers, and has been very successful in
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this effort. There are many alternative designs and packaging available for these
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types of products, and there is no need for competitors, including Defendants, to
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copy such trade dresses and the overall look of P&P’s arbitrary and unique
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combination of features, except to ride upon P&P’s coattails and marketplace
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success, and to capitalize upon P&P’s reputation and goodwill associated with their
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products and trade dress. Indeed, P&P has many other competitors that sell the same
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type of products, without copying P&P’s trade dress, as shown in Exhibit 7 hereto,
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incorporated herein by reference.
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1 26. On or about February 26, 2016, P&P first placed, in interstate

2 commerce, its Flamingo Party Tube product which were designed from the ground
3 up, both functionally and aesthetically to uniquely identify P&P as its originating
4 source. P&P spent months on design and focus grouping to determine its final
5 distinctive soft-matte pink base color, torus like shape, protruding vertically
6 orientated neck which bends into a head with a flat-pointed black and white beak
7 with a straight vertical line dividing the black half of the beak from the white half
8 at the middle, small black eyeballs containing a speck of white in the middle and
9 which are surrounded by a drop of white that narrowly connect to the beak, two
10 mirrored black outlined wings that have two partially defined secondary remiges
11
and four defined primary remiges, a protruding tail, and an air valve centrally
12
located on the posterior (“TRADE DRESS”), which are completely unique to
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P&P’s Flamingo Party Tube product and the total visual impression created by that
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unique combination serve to let the consumer know that they are looking at a high-
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quality flamingo inspired pool float from P&P. At the time of Flamingo Party Tube
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product release, there was nothing in the marketplace bearing any similar trade dress
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to P&P’s TRADE DRESS, to the best of P&P’s knowledge.
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27. P&P’s TRADE DRESS, as defined above, symbolize the business
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goodwill of P&P, and each one is an intangible asset of substantial commercial
20
value.
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28. One of P&P’s primary goals has been to build up strong trade dress
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that its customers can and will associate with P&P, its quality products, and its
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outstanding customer service.
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29. As a result of P&P’s long usage and extensive advertising and
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marketing of its TRADE DRESS, the consuming public and others, have come to
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recognize P&P’s TRADE DRESS in their respective niches, as symbolizing P&P
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and their reputation as the source of P&P’s goods and services. The TRADE
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DRESS is both inherently distinctive, inasmuch as the parties’ color combinations
12
1 serve as product design, and have also acquired secondary meaning in the parties’
2 niche marketplaces.
3 30. Since the founding of P&P, long prior to the acts of the Defendant
4 herein alleged, whenever possible, P&P has used their distinctive and unique
5 TRADE DRESS alone in connection with the promotion, marketing and advertising
6 of its Flamingo Party Tube product and services for sale in the United States,
7 including this District.
8 31. Sales, advertising and promotion of P&P’s Flamingo Party Tube
9 product and services which use their unique and distinctive, and non-functional,
10 TRADE DRESS, since inception of the business, have been substantial in P&P’s
11 niche marketplace.
12 32. As a result of such continuous, long, and substantially exclusive use,
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and extensive sales, substantial advertising and promotion, of the products and
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P&P’s TRADE DRESS, P&P’s products and services associated with them enjoy
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recognition and notoriety in the United States in P&P’s niche market place and are
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recognized by the consuming public as emanating from P&P, or, at the very least,
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a single and unique source in the marketplace, and have acquired secondary
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meaning in the marketplace to P&P’s customers and to many potential customers.
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DEFENDANTS’ WRONGFUL ACTIVITIES
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33. Upon information and belief, Defendants are a much larger company
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than P&P with a vast product selection and operates by identifying top selling
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products in certain categories then rushes out low quality knockoffs, or copycat
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products which it imports in large volumes from Asia. Rather than spend the time
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and money to create their own designs and trade dresses, Defendants’ copycat
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products look identical to the top-selling products Defendants knock off, as they
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make no attempt to differentiate their own brand, but rather seek to ride the coattails
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1 of other successful products through unfair means. Upon information and belief,
2 this is Defendants normal business pattern and practice, in which they engage
3 intentionally, and with gross disregard to the rights of other competitors whom they
4 copy, including P&P.
5 34. Defendants market and sell their knockoff product through the same
6 marketing and sales channels as P&P, including on the internet and through internet
7 retailers, and to similar retailers as P&P, such as Amazon and eBay. Upon
8 information and belief, the vast majority of Defendants’ sales are through their brick
9 and mortar retail stores across the United States.
10 35. Defendants copy, nearly verbatim, P&P’s product descriptions for the
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Flamingo Party Tube which appears in online advertisements, and place the copied
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product descriptions in their Infringing Flamingo product’s advertisements. Exhibit
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6; Exhibit 8 attached hereto is a true and correct copy of an Amazon.com page for
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the Infringing Flamingo.
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36. Upon information and belief, Defendants’ statements and claims are
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false and misleading as to material facts which would and could significantly affect
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the consumers’ decision to purchase Defendants’ products rather than those of their
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direct competitor, P&P, and have caused and will continue to cause, injury and
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damage to P&P, including but not limited to diverting profits to Defendants which
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would otherwise have gone to P&P, and, in addition, rewarding Defendants by
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profits directly attributable to such acts of copyright infringement, false advertising,
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unfair competition, and trade dress infringement.
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37. Upon information and belief, said Defendants’ products, packaging,
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promotional materials, and advertisements, contain other intentionally false and
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misleading statements, as will be shown during discovery in this lawsuit, such as
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representations of P&P’s products and its TRADE DRESS, being used to advertise,
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promote, and sell Defendants’ competing products.
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2 Intentional Copying and Use of P&P’s Trade Dress

3 38. On information and belief, Defendant was fully aware, prior to their
4 activities complained of herein, of P&P’s and their products, services and marketing
5 activities, and their success and reputation in the foregoing niche marketplace. In
6 fact, P&P’s attorney sent Defendants 99 Cents and Momentum Brands a cease and
7 desist on March 14, 2018 notifying Defendants of their infringement of P&P’s
8 TRADE DRESS. Defendants never responded. Attached hereto as Exhibit 5 is a
9 true and correct copy of the March 14, 2018, cease and desist letter sent to
10 Defendants.
11 39. Defendants have made little if any effort to differentiate their products
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or trade dress in the marketplace from P&P’s products and TRADE DRESS, but
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instead have demonstrated their bad faith and intent to confuse customers and
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potential customers and others in the marketplace into thinking that Defendant is
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the Plaintiff or is affiliated in some way with them.
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40. Defendants’ identical copying of P&P’s product and TRADE DRESS
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also leads customers to think the Infringing Flamingo was made at the same factory
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to the same specifications when in fact Defendants’ product is of inferior quality
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and are not made at P&P’s factories or made to P&P’s higher standards. A
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customer browsing through e-commerce marketplaces would not be able to
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determine that differentiation based on the exact copying of P&P’s TRADE DRESS
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and product design and therefore would think they could purchase Defendants’
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knock-offs at a lower price and receive an item made to the same specification as
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P&P’s products.
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41. Potential customers and the general public who see Defendants’
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Infringing Flamingos being used by their purchasers will likely be confused as to
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the source of the products, wrongly believing the products came from P&P instead
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1 of Defendants.
2 42. Defendants use confusingly similar trade dress and will continue to do
3 so until and unless enjoined by this Court.
4 43. Defendants’ concurrent usage of the identical products and the
5 infringing trade dress in the same interstate marketplace for the same goods and
6 services, is likely to cause confusion as to the source of the goods, services or the
7 businesses, or an affiliation, license, sponsorship, approval or endorsement between
8 P&P and their business, goods, and services, and Defendants’ business, goods, and
9 services.
10 44. Numerous factors and evidence also indicate that Defendants have
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intentionally adopted and are using a confusingly similar trade dress for the purpose
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of causing confusion and trading on P&P’s prior usage, rights, and reputation and
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goodwill. Because Defendants are located in the same geographical area as P&P
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and in the same industries of outdoor lawn games and pool floats, it is virtually
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certain that Defendants were aware of P&P’s prior use and rights when they began
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to sell identical products and use identical trade dress in the same area.
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45. Defendants’ use of the identical products and Infringing trade dress
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constitutes an infringement of P&P’s common law and statutory rights under U.S
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federal law, including but not limited to Section 43(a) of the Lanham Act, and under
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California law, unfair competition, and false advertising, and appears to be an
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intentional infringement of P&P’s rights.
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46. P&P have demanded that Defendants stop the wrongful activities
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complained of herein. This demand was in an effort to avoid litigation, and
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Defendants were advised that a lawsuit would be filed if Defendants failed to stop
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such wrongful activities. Instead of moving to remedy P&P’s claims, Defendants
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instead continue their copying of P&P’s products.
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47. It seems apparent that Defendants fully intends to, and will, continue
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1 all of their wrongful activities until and unless enjoined by this Court. While P&P
2 have complained to the Defendants of their unfair, infringing, harmful and illegal
3 activities, the Defendants have willfully failed, and/or refused, to stop their
4 wrongful activities.
5 48. Defendants continues to falsely advertise their identical products.
6 P&P’s Damages, Restitution, and Economic Harm
7 49. Upon information and belief, as a direct and proximate result of
8 Defendants’ wrongful activities, P&P has suffered actual damages in an amount yet
9 to be determined, including but not limited to damages to P&P’s reputation, loss of
10 good will, lost sales and revenues, increased consumer search costs, diminution in
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the value of P&P’s business, and lost sales of P&P’s related products as a result of
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Defendants’ infringing activities, and subject to proof at trial and future retention
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of expert witnesses regarding such damages and other damages set forth in this
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complaint.
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50. Upon information and belief, as a direct and proximate result of
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Defendants’ wrongful activities, P&P will need to conduct a corrective advertising
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campaign to alleviate existing and ongoing future confusion in the marketplace, in
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an amount to be determined, but believed to be in excess of one hundred thousand
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dollars, $100,000.
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51. Upon information and belief, as a direct and proximate result of
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Defendants’ wrongful activities, Defendants have made gross sales (and profits
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thereon) from their wrongful activities as alleged herein, which belong in equity
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and should be turned over to P&P, both as unjust enrichment from Defendants’
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wrongful acts, and/or as a measure of P&P’s damages.
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52. P&P believes, based on such items as feedback from its customers, that
26
it has many repeat customers for its products and services. That is, customers who
27
purchase its products are also likely to purchase other products in the future from
28
17
1 Plaintiffs. Similarly, customers who purchased Defendants’ products which used

2 the TRADE DRESS, perhaps in the belief that they were P&P’ products, are likely
3 to purchase other of Defendants’ products. As such, P&P have lost sales as a direct
4 result of Defendants’ infringement, because Defendants’ customers are likely to
5 purchase other of Defendants products’. Accordingly, P&P have additional lost
6 sales as a direct result of Defendants’ infringement. Not only would Defendants
7 generate such additional sales of their other products, making additional profits due
8 to the initial infringement, but P&P would also lose sales of other products it would
9 otherwise have sold the same customer but for the initial infringing sale. Each sale
10 of a product by the Defendants creates a lost sale for P&P for their products and
11
services, and there is a multiplier effect from each such lost sale for the reasons
12
stated.
13
53. As a direct and proximate result of Defendants’ wrongful activities,
14
P&P have been forced to hire attorneys to defend and enforce their rights and to
15
bring the present lawsuit, and to incur costs to prosecute this lawsuit, and has
16
obligated itself to pay attorneys’ fees and litigation costs to pursue this lawsuit
17
against Defendants.
18
54. Upon information and belief, and subject to discovery and testimony,
19
the foregoing damages will exceed 1 million dollars, $1,000,000.
20
55. Defendants’ acts have caused and will continue to cause irreparable
21
harm to P&P unless restrained by this Court. Plaintiff has no adequate remedy at
22
law. Accordingly, P&P is entitled to an order enjoining and restraining Defendants,
23
during the pendency of this action and permanently thereafter, from manufacturing,
24
distributing, importing, exporting, marketing, offering for sale or selling the
25
infringing products or services, continuing to unfairly compete with P&P,
26
continuing to falsely advertise their products or services, and continuing to
27
otherwise engage in the wrongful acts complained of herein.
28
18
1 56. In addition, the sales and profits which P&P would have otherwise
2 made from customers who were illegally diverted to Defendants for all P&P’s
3 products which were copied by Defendants. Such diverted sales and profits should
4 be returned to P&P as the true owner thereof, both as damages, and as a form of
5 restitution of P&P’s property which was acquired by and through Defendants’
6 wrongful acts, including the false advertising, the trade dress infringement, and
7 unfair competition. P&P has an ownership interest in its intellectual property, such
8 as their TRADE DRESS, and goodwill which Defendants usurped and profited
9 from directly by their wrongful acts complained of herein.
10
11
CLAIMS FOR RELIEF
12
Count 1
13
(Copyright Infringement under Federal Law)
14
57. P&P repeat and incorporate by reference the statements and allegations
15
in paragraphs 1 to 56 of the Complaint as though fully set forth herein.
16
58. P&P’s works are original works that may be copyrighted under U.S.
17
law under 17 U.S.C. § 101 et seq., and P&P have registered the copyrighted works
18
as alleged previously.
19
59. P&P is the sole owner of the copyrighted works and are in compliance
20
with the copyright laws.
21
60. Defendants’ use of the copyrighted works is without any license or
22
permission from P&P.
23
61. Defendants’ above described actions and wrongful activities constitute
24
infringement of P&P’s copyrights, in violation of 17 U.S.C. § 106, all to the damage
25
of P&P as alleged herein.
26
Count 2
27
(False Advertising Under the Lanham Act)
28
19
1 62. P&P repeats and incorporate by reference the statements and

2 allegations in paragraphs 1 to 61 of the Complaint as though fully set forth herein.
3 63. Defendants’ actions, as set forth above, constitute false and deceptive
4 advertising in violation of the Lanham Act, 15 U.S.C. § 1125, all to the damage of
5 P&P as described herein.
6 64. The Defendants engage in false advertising by virtue of their
7 confusingly similar products which create the false or misleading belief that there
8 is some affiliation, license, sponsorship, or endorsement between P&P and
9 Defendants, or their products or services.
10 Count 3
11
(Unfair Competition, False Advertising, and Unfair and Deceptive Trade
12
Practices - California Common Law)
13
14
15
66. Defendants’ acts, as set forth above, constitute unfair competition,
16
unfair and deceptive practices, and false advertising under the common law of the
17
State of California.
18
Count 4
19
(Unfair Competition, False Advertising, and Unfair and Deceptive Trade
20
Practices – California Statutory Law)
21
22
23
68. Defendants’ acts, as set forth above, constitute unfair competition,
24
unfair and deceptive practices, and false advertising under the California Unfair
25
Competition Law, Cal. & Bus. Prof. Code § 17200, et seq., and false advertising
26
under Cal. Bus. & Prof. Code § 17500 et seq. all to the damage of P&P as previously
27
alleged.
28
20
1 Count 5
2 (Trade Dress Infringement under Federal Law)
3 69. P&P repeat and incorporate by reference the statements and allegations
4 in paragraphs 1 to 68 of the Complaint as though fully set forth herein.
5 70. Defendants’ above described actions and wrongful activities constitute
6 infringement of P&P’s TRADE DRESS as used in connection with its above
7 described products in the above described niche marketplace, in violation of the
8 Lanham Act, 15 U.S.C. § 1125, all to the damage of P&P as alleged herein.
9 Count 6
10 (Trade Dress Infringement under California Law)
11
12
13
72. Defendants’ above described actions and wrongful activities constitute
14
infringement of P&P’s TRADE DRESS as used in connection with its above
15
described products in the above described niche marketplace, in violation of
16
California common law, all to the damage of P&P as alleged herein.
17
Such claims are allowed under California common law. See, e.g., Alchemy
18
II, Inc. v. Yes! Entm't Corp., 844 F. Supp. 560 (C.D. Cal. 1994) (Claim 6 is common
19
law trade dress infringement); James R. Glidewell Dental Ceramics, Inc. v. Keating
20
Dental Arts, Inc., No. SACV 11-1309-DOC ANX, 2013 WL 655314, at *12 (C.D.
21
Cal. Feb. 21, 2013) (recognizes claim under common law, though claim dismissed
22
for failure to oppose dismissal); Zobmondo Entm't, LLC v. Falls Media, LLC,
23
602F.3d 1108, 1112 (9th Cir. 2010) (recognizes common law trade dress
24
infringement); Kendall-Jackson Winery, Ltd. v. E. & J. Gallo Winery, 150 F.3d
25
1042, 1045 (9th Cir. 1998) (recognizes common law trade dress infringement); See
26
generally, W. Levin, 1 Trade Dress Protection §10:9.
27
28
21
1 Count 7
2 (Unfair Competition under the Lanham Act)
3 73. P&P repeats and incorporate by reference the statements and
4 allegations in paragraphs 1 to 72 of the Complaint as though fully set forth herein.
5 74. Defendants’ above described actions and wrongful activities constitute
6 unfair competition with P&P, and an ongoing pattern of unfair competition, all to
7 the damage of P&P as alleged herein.
8 75. Defendants’ wrongful use of the TRADE DRESS falsely indicates to
9 consumers that Defendants’ products originate from, are approved by, are
10 sponsored by, are licensed by, or are affiliated with P&P or are otherwise associated
11
with their services or products.
12
76. Defendants’ wrongful use of the TRADE DRESS in the manner
13
described above is likely to cause and has likely caused confusion, is likely to cause
14
and likely has caused initial interest confusion, is likely to cause and likely has cause
15
post sale confusion, is likely to cause and likely has caused mistake, and/or is likely
16
to deceive and has likely deceived customers and potential customers of the parties
17
by suggesting some affiliation, connection, or association of Defendants with P&P.
18
77. Defendants’ actions, as set forth above, constitute trademark
19
infringement of non-federally registered trade dress, and constitute unfair
20
competition in violation of the Lanham Act, 15 U.S.C. § 1125, all to the damage of
21
P&P as described herein and previously alleged.
22
23
INJUNCTIVE RELIEF
24
78. P&P also seeks to enjoin, permanently, Defendants and their agents
25
and representatives from each and every one of the wrongful activities alleged
26
herein, including but not limited to falsely advertising, unfairly competing, using
27
P&P’s trade dresses, or copying its products or services, or any other wrongful
28
22
1 activities of the type alleged herein during the pendency of this action.
2
3 DAMAGES AND RESTITUTION

4 79. P&P repeat and incorporate by reference the statements and allegations
5 in paragraphs 1 to 78 of the Complaint as though fully set forth herein.
6 80. As a direct and proximate result of Defendants’ conduct, P&P have
7 suffered and will continue to suffer until Defendants are enjoined, the following
8 damages, and those alleged above and below:
9 A. Actual damages, including but not limited to loss of sales, and
10 reputation damages, in an amount to be determined at trial and after discovery
11
and testimony, but believed to be in amount of not less than 1 million dollars,
12
$ 1,000,000.
13
B. Enhanced damages for willful infringement, including up to
14
three times P&P’s actual damages (treble damages).
15
C. Defendants’ sales and profits as a measure of P&P’s damages or
16
as equitable disgorgement, in an amount to be determined at trial and after
17
discovery and testimony, but believed to be in amount of not less than 100
18
thousand dollars, $ 100,000.
19
D. Alternatively, statutory damages, for each work infringed, under
20
17 U.S.C. § 504 in lieu of actual damages for copyright infringement.
21
81. Upon information and belief, Defendants knew that their unauthorized
22
use of the TRADE DRESS, copyright infringement, and the false advertising and
23
unfair competition as to their directly competing products, would result in an undue
24
benefit to Defendants.
25
82. Defendants’ unauthorized and confusingly similar use of the P&P’s
26
intellectual property, and their unfair competition, false advertising, copyright
27
infringement, and other wrongful acts, unjustly enriches Defendants at the expense
28
23
1 of P&P’s reputation and goodwill, in an amount to be determined at trial and subject

2 to discovery and testimony, but believed to be in amount of not less than 500
3 thousand dollars, $ 500,000.
4 83. The cost of a corrective advertising campaign in an amount to be
5 determined at trial and subject to discovery and testimony but believes to be in
6 amount not less than one hundred thousand dollars, $ 100,000.
7 ATTORNEY FEES
8 84. This is an exceptional case, and one of willful, deliberate, or
9 intentional infringement, such that P&P are entitled to an award of attorney fees
10 under the Lanham Act, 15 U.S.C. § 1117(a), the federal copyright laws and other
11
relevant federal and California statutory law, which, through trial, are expected to
12
exceed $250,000 (250 thousand dollars).
13
PUNITIVE DAMAGES
14
85. P&P are entitled to punitive damages under California law as a result
15
of Defendants’ wrongful acts as alleged herein, which are fraudulent, malicious,
16
and oppressive, and with reckless disregard for the rights of P&P, in violation of
17
Cal. Civil Code § 3294, which are expected to be sought in an amount of at least $
18
500,000 (500 thousand dollars).
19
PRAYER FOR RELIEF
20
WHEREFORE, P&P ask that this Court grant judgment against Defendants
21
for the following relief:
22
A. Defendants, their officers, agents, servants, employees, and attorneys,
23
and all persons in active concert or participation with any of them, be temporarily
24
restrained, and permanently enjoined from its continuing wrongful acts, including
25
but not limited to the following:
26
i. Using the Infringing trade dresses, or any other confusingly similar
27
designation, or any confusingly similar trade dress, in connection with their
28
24
1 products, or related goods or services, or infringing upon P&P’s TRADE DRESS.

2 ii. Competing unfairly with P&P in any manner, including continuing to
3 falsely advertise untrue and misleading facts and statements and claims about their
4 products.
5 iii. Conspiring with, aiding, assisting, or abetting any other person or
6 entity in engaging in or performing any of the activities referred to in subparagraphs
7 (i) and (ii) above.
8 B. Defendants, their officers, agents, servants, employees, and attorneys,
9 and all persons in active concert or participation with any of them, deliver for
10 destruction, or show proof of destruction of, any and all products, labels, signs,
11
prints, packages, wrappers, receptacles, and advertisements, and any other materials
12
in its possession or control that depict or reference the infringing trade dress or any
13
other confusingly or substantially similar trade dress, and any materials or articles
14
used for making or reproducing the same, as provided by 15 U.S.C. § 1118.
15
C. Defendants file with the court and serves on P&P, within 30 days after
16
the entry and service on Defendants of an injunction, a report in writing and attested
17
to under penalty of perjury setting forth in detail the manner and form in which
18
Defendants have complied with the provisions of subparagraphs (A) and (B) above.
19
D. P&P recover all damages it has sustained as a result of Defendants’
20
infringement and unfair competition and other wrongful activities.
21
E. P&P be awarded treble damages under 17 U.S.C. § 1117(b), and/or
22
statutory damages under federal copyright laws for each work infringed, for willful
23
infringement up to the statutory maximum of $ 150,000 per work or the maximum
24
allowed by law, or actual damages to the extent higher.
25
F. P&P be awarded punitive damages under California law.
26
G. An accounting be directed to determine Defendants’ profits resulting
27
from their infringement and unfair competition and that the profits be paid over to
28
25
1 P&P, increased as the court determines is appropriate to the circumstances of this

2 case.
3 H. Alternatively, P&P be awarded statutory damages under 17 U.S.C §
4 504 in lieu of actual damages sustained for copyright infringement.
5 I. The court declare this case an exceptional case of willful, deliberate, or
6 intentional infringement, and award Plaintiff its reasonable attorney fees for
7 prosecuting this action pursuant to 15 U.S.C. § 1117(a), and as the prevailing party
8 on the claims, and as otherwise allowed by law.
9 J. P&P recover its costs of this action and pre-judgment and post-
10 judgment interest, and attorneys’ fees, to the fullest extent allowed by law.
11
K. Defendants be required to recall all inventory of infringing products or
12
services.
13
L. P&P receive all other relief that the Court deems just and appropriate.
14
DEMAND FOR JURY TRIAL
15
P&P hereby demand a trial by the jury on its claims herein and all issues and
16
claims so triable in this action.
17
18
Respectfully submitted,
19
20 Dated: August 21, 2018

21 LEVIN AND DICTEROW
22
23
24
By: /s/ William E. Levin
William E. Levin
25
Attorneys for Plaintiff,
26 P&P IMPORTS LLC
27
28
26
1 Exhibits to Complaint
2
3 Exhibit Description
No.
4
5
1 CA Department of State Business Entity search result for Momentum
Brands
6
2 Copyright registration for the 2017 version of P&P Imports 2016
7
Lookbook.
8
3 Relevant pages from P&P Imports 2016 Lookbook.
9
4 Defendants’ Infringing Flamingo.
10
11
5 Cease and Desist letter dated March 14, 2018, sent to Defendants.
12 6 Amazon page for P&P’s Flamingo Party Tube.
13 7 Examples of non-infringing flamingo pool floats.
14 8 Amazon page for the Infringing Flamingo.
15
9 Copyright registration for P&P Imports 2016 Lookbook.
16
10 Deposit works for the 1009 Application.
17
18
19
20
21
22
23
24
25
26
27
28
27
Case 8:18-cv-01099-JVS-JDE Document 18-1 Filed 08/21/18 Page 1 of 4 Page ID #:136
EXHIBIT: 1
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C2666799
MOMENTUM BRANDS, INC.
Business Search Registration Date: 07/15/2004

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EXHIBIT: 2
Certificateof Registration
This Certificateissued under the seal of the Copyright
Officein accordancewith title 17, UnitedStatesCode,
attests that registration has been made for the work
identified below.The information on this certificate has Registration Number
been made a part of the Copyright Office records.
TX 8-488-151
~E~~umdDmcto
Effective Date of Registration:
January 13, 2017
Title
Title of Work: P&P Imports 2016 Lookbook
Completion/Publication
Year of Completion: 2016
Date of 1st Publication: January 02, 2016
Nation of 1st Publication: United States
Author
• Author: P&P Imports, LLC

Author Created: text, photograph(s), artwork
Work made for hire: Yes
Domiciled in: United States
·Gopyright Claimant
Copyright Claimant: P&P Imports, LLC

3233 W. Castor Street, Santa Ana, CA, 92704
It.imitation of copyright claim
Material excluded from this claim: text, photograph(s), artwork

Previous registration and year: VA 2-013-842
New material included in claim: text, photograph(s), artwork, Compilation of previously published materials as a
catalogue
Rights and Permissions _____________________ _
Organization Name: ThornCrest Law

Name: Kathleen Walker
Email: kathleen@thorn-crest.com
Telephone: (619)871-1237
Alt. Telephone: (619)871-1237
Page 1 of2
EXHIBIT: 3
PT-Flamingo-01 - Product Images
69
PT-Flamingo-01 - Product Images
70
PT-Flamingo-01 - Packaging
71
PT-Flamingo-01 - Packaging
72
PT-Flamingo-01 - Graphic Artwork
1. Face Panel Art
2. Wing Art
73
3. Logo Art A 4. Logo Art B
THIS IS NOT A LIFESAVING DEVICE. DO NOT LEAVE

CHILDREN UNATTENDED IN OR NEAR WATER. USE ONLY
UNDER COMPLETE ADULT SUPERVISION. DO NOT USE WITH
GLASS CONTAINERS. ALWAYS USE RESPONSIBLY.
5. Warning Label Art
74
75
EXHIBIT: 4
EXHIBIT: 5
ThornCrest Law
1310 Rosecrans Street
'
Suite C
San Diego, California 92106
Kathleen M. Walker, Esq. Direct Dial: 619·871·1237

F a x: 619·501·1621
Email : .h1.
!!..ll1
,.:!..:..rl..:.:J.l1~.,i·n ~•..h ..- I _,·11n i
www .thorn ·crest.com
March 14, 2018
99 Cents Only Stores, LLC

Momentum Brands, Inc.
Attention: Legal Department
4000 Union Pacific Avenue
City of Commerce, California 90023
Via FedEx
Re: Infringement of P&P Imports, LLC's Intellectual Property and Product
Dear Legal Department:
This firm represents P&P Imports, LLC,the owner of the GoFloats brand. I am sure that
you are aware of P&P Imports and its GoSports brand as you have intentionally and
flagrantly stolen P&P Imports' intellectual property in violation of federal and state law.
The infringement relates to the wholesale copying of GoFloats' Inflatable Flamingo Party
Tube.
P&P Imports, LLCis the owner of United States Copyright Registration Number TX 8-488-
151 entitled "P&P Imports 2016 Lookbook" {the "Lookbook") {copyright certificate
attached). The Lookbook contains all of P&P Imports' products and the artwork on
those products is protected by this federal copyright registration. GoFloats' Inflatable
Flamingo Party Tube artwork and images are on pages 69-74 of the copyrighted work
(attached). Specifically, you are wrongfully using P&P Imports' copyrighted artwork and
images in the sale and advertisement of your GABOSSJumbo Inflatable Flamingo Pool
Float.
On March 12, 2018, GoFloats purchased your GABOSSJumbo Inflatable Flamingo Pool
Float on Amazon as order number 114-0328607-8523435. Printed directly on the
infringing float is "Imported by Momentum Brands, Commerce, CA":
-.
Jumbo Inflatable Flamingo

Pool Float
Part#300216 NB171206-1101
IMPORTED BY :
Momentum Bra nds
COMMERCE, CA 90023
MADE IN CHINA
P&P Imports demands that you immediately:
(a) cease and desist your unlawful copying of P&P Imports' artwork and images;
(b) provide us with prompt written assurance within ten (10) days that you will
cease and desist from further infringement of P&P Imports' copyrighted work;
(c) provide us with an accounting of all sales of your Jumbo Inflatable Flamingo
Pool Float product that wrongfully uses P&P Imports' artwork and images;
(d) provide us with the total number of products manufactured and the contact
information for the manufacturer;
(e) provide a complete listing, with contact information, of all retailers or third-
parties that have purchased your infringing product;
(f) agree to pay a licensing fee for all artwork and images previously stolen from
P&P Imports;
(g) cease and desist the use, sale and distribution of all copyrighted works; and
(h) deliver-up for destruction all files, electronic or otherwise, that incorporate
P&P Imports copyrighted artwork and images.
Failure to company with P&P Imports demands may result in litigation. Should P&P
Imports be forced to file a lawsuit, it will seek either actual damages pursuant to 17
U.S.C.§ 504(b) or statutory damages pursuant to 17 U.S.C.§ 504(c) for copyright
infringement; restitution for unfair and illegal business practices pursuant to state law
claims; and may seek a preliminarily and permanent injunction enjoining you from your
unlawful activities. Please respond to this letter on or before March 25, 2018. Failure to
do so will lead P&P Imports to believe that you are not interested in resolving these
issues amicably and P&P Imports may seek judicial intervention.
lii:.w~ ~
U JaA
Attorney for P&P Imports, LLC
Enc.
2
Certificateof Registration
This Certificateissued under the seal of the Copyright
Officein accordancewith title 17, UnitedStatesCode,
attests that registration has been made for the work
identified below.The information on this certificate has Registration Number
been made a part of the Copyright Office records.
TX 8-488-151
~E~~umdDmcto
Effective Date of Registration:
January 13, 2017
Title
Title of Work: P&P Imports 2016 Lookbook
Completion/Publication
Year of Completion: 2016
Date of 1st Publication: January 02, 2016
Nation of 1st Publication: United States
Author
• Author: P&P Imports, LLC

Author Created: text, photograph(s), artwork
Work made for hire: Yes
Domiciled in: United States
·Gopyright Claimant
Copyright Claimant: P&P Imports, LLC

3233 W. Castor Street, Santa Ana, CA, 92704
It.imitation of copyright claim
Material excluded from this claim: text, photograph(s), artwork

Previous registration and year: VA 2-013-842
New material included in claim: text, photograph(s), artwork, Compilation of previously published materials as a
catalogue
Rights and Permissions _____________________ _
Organization Name: ThornCrest Law

Name: Kathleen Walker
Email: kathleen@thorn-crest.com
Telephone: (619)871-1237
Alt. Telephone: (619)871-1237
Page 1 of2
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73
Case 8:18-cv-01099-JVS-JDE Document 18-5 Filed 08/21/18 Page 10 of 12 Page ID
#:162
~:1l:mlJ PT-Flamingo-01 - Graphic Artwork
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THISIS NOTA LIFESAVINGDEVICE.DO NOTLEAVE

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UNDERCOMPLETE ADULTSUPERVISION.DO NOTUSEWITH
GLASSCONTAINERS. ALWAYSUSERESPONSIBLY.
5. Warning Label Art
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EXHIBIT: 6
Page 1 of 1
https://www.amazon.com/GoFloats-Flamingo-PartyTube-Inflatable-Adults... 5/17/2018
EXHIBIT: 7
EXHIBIT: 8
EXHIBIT: 9
EXHIBIT: 10
1
2

P and P Imports v. 99 Cents Only Stores - Amended Complaint

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P and P Imports v. 99 Cents Only Stores - Amended Complaint

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Case 8:18-cv-01099-JVS-JDE Document 18 Filed 08/21/18 Page 1 of 27 Page ID #:109

7 Attorney for Plaintiff,

10 UNITED STATES DISTRICT COURT

13 ) Civ. Case No.: 8:18-cv-01099

1 Plaintiff P&P IMPORTS LLC (“P&P” or “Plaintiff”), by and through its

1 over $ 2,000,000,000 (billion).

1 (Above images from Exhibit 10)

13 (Image of P&P’s Flamingo from page 69 of the 2016 LookBook – Exhibit 3)

15 16. Beginning in at least March 12, 2018, Defendants began to use,

1 24. P&P engages in a laborious, and highly creative, design process to

1 26. On or about February 26, 2016, P&P first placed, in interstate

2 Intentional Copying and Use of P&P’s Trade Dress

1 Plaintiffs. Similarly, customers who purchased Defendants’ products which used

1 62. P&P repeats and incorporate by reference the statements and

3 DAMAGES AND RESTITUTION

1 of P&P’s reputation and goodwill, in an amount to be determined at trial and subject

1 products, or related goods or services, or infringing upon P&P’s TRADE DRESS.

1 P&P, increased as the court determines is appropriate to the circumstances of this

20 Dated: August 21, 2018

California Secretary of State

Business Search Registration Date: 07/15/2004

FAQs REGISTRATION 07/15/2004 02666799-5284553

https://businesssearch.sos.ca.gov/CBS/Detail[5/10/2018 5:16:16 PM]

Business Identity Theft

Notary & Authentications

Campaign & Lobbying

Site Maintenance Schedule

Language Access Complaint Form

Guidelines for Access to Public Records

https://businesssearch.sos.ca.gov/CBS/Detail[5/10/2018 5:16:16 PM]

Copyright © 2017 California Secretary of State

https://businesssearch.sos.ca.gov/CBS/Detail[5/10/2018 5:16:16 PM]

Title of Work: P&P Imports 2016 Lookbook

• Author: P&P Imports, LLC

Copyright Claimant: P&P Imports, LLC

It.imitation of copyright claim

Material excluded from this claim: text, photograph(s), artwork

Rights and Permissions _____________________ _

Organization Name: ThornCrest Law

PT-Flamingo-01 - Product Images

PT-Flamingo-01 - Product Images

PT-Flamingo-01 - Graphic Artwork

1. Face Panel Art

PT-Flamingo-01 - Graphic Artwork

3. Logo Art A 4. Logo Art B

THIS IS NOT A LIFESAVING DEVICE. DO NOT LEAVE

5. Warning Label Art

PT-Flamingo-01 - Graphic Artwork

Kathleen M. Walker, Esq. Direct Dial: 619·871·1237

March 14, 2018

99 Cents Only Stores, LLC

Re: Infringement of P&P Imports, LLC's Intellectual Property and Product

Dear Legal Department:

Jumbo Inflatable Flamingo

P&P Imports demands that you immediately:

Title of Work: P&P Imports 2016 Lookbook

• Author: P&P Imports, LLC

Copyright Claimant: P&P Imports, LLC

It.imitation of copyright claim

Material excluded from this claim: text, photograph(s), artwork

Rights and Permissions _____________________ _

Organization Name: ThornCrest Law

~l:ll'.Zl'.ll PT-Flamingo-01- Product Images

~J:r.rab" PT-Flamingo-01- ProductImages