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