lauren moshi llc v. target corp. et al. 2:13-cv-05859 (c.d. cal.) (complaint, filed aug. 12, 2013)

7/27/2019 Lauren Moshi LLC v. Target Corp. et al. 2:13-cv-05859 (C.D. Cal.) (Complaint, filed Aug. 12, 2013)

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1 garments as possible with that design. Moshi takes a broader view of its brand,2 creating a demand for its products by creating unique pieces that are meticulously3 crafted in limited quantities. Every mark, every line on every piece is an original4 work of art which is hand drawn by co-owner Lauren Moshi such that each garment5 is an embodiment of the original artwork. Similar to an artist creating demand by6 building a reputation of limited run of lithographs, such that the scarcity drives price7 of both the specific limited-edition and the artists works as a whole, Moshi limits the8 number of garments it produces with any one of its designs. As a result, Lauren9 Moshi artwork and Moshi garments draw a premium price due to their scarcity and

10 attract a discerning and affluent customer.111213141516171819202122232425262728

3. Plaintiff is informed and believes and thereon alleges that defendantTarget Corporation ("Target") is a corporation organized and existing under thelaws of the State ofMinnesota and doing business in this judicial district.

4. Plaintiff is informed and believes and thereon alleges that defendantMossimo, Inc. ("Mossimo") is a corporation organized and existing under the lawsof the State ofDelaware and doing business within this judicial district.

5. Plaintiff is informed and believes and thereon alleges that defendantIconix Brand Group, Inc., a corporation dba Mossimo Supply Co. ("MossimoSupply") is doing business within this judicial district.

6. Plaintiff is informed and believes and thereon alleges that defendantSteve Madden, Ltd. ("Madden") is a corporation organized and existing under thelaws of the State ofDelaware and doing business within this judicial district.

7. Plaintiff is informed and believes, and based thereon alleges, thatdefendants Target, Mossimo, Mossimo Supply and Madden are licensors,manufacturers and/or vendors of garments and totes and have manufactured and/orsupplied and are manufacturing and/or supplying garments and/or totes comprisedof fabric printed with Plaintiff's copyrighted Design (as defined in Paragraph 14,infra) without Plaintiff's knowledge or consent or have contributed to said

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8. Plaintiff is informed and believes, and based thereon alleges, thatdefendants DOES 1 through 10, inclusive, are manufacturers, printers, and/orvendors of fabric who have manufactured, printed, and/or supplied and aremanufacturing, printing and/or supplying fabric printed with Plaintiffs copyrightedDesign (as defined in Paragraph 14, infra) without Plainti ffs knowledge or consentor have contributed to said infringement. The true names of DOES 1 through 10,inclusive, are presently unknown to Plaintiff, which therefore sues said defendantsby such fictitious names and will seek leave to amend this complaint to show theirtrue names and capacities when same have been ascertained.

9. Hereinafter defendants Target, Mossimo, Mossimo Supply, Maddenand DOES 1 through 10, inclusive, shall be referred to collectively as "Defendants."

JURISDICTION AND VENUE10. This action arises under the Copyright Act of 1976, Title 17 U.S.C.

101 et seq.11. This Court has federal question jurisdiction under 28 U.S.C. 1331 and

1338(a).12. Venue is proper in this district under 28 U.S.C. 1391(b) and (c).

FIRST CLAIM FOR RELIEF(Copyright Infringement- Against All Defendants)

13. Plaintiff repeats and realleges the allegations contained in paragraphs 1through 12 hereinabove, and incorporates them by reference as if fully set forth25 herein.26 14. Lauren Moshi, an individual, is the author of, and copyright holder in,27 an original print design which she has internally designated "Leopard Head" (the28 "Design").

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1 15. On February 29, 2012, Lauren Moshi obtained a Certificate of2 Registration for the Design from the United States Copyright Office, bearing3 registration number VA 1-804-046. Attached hereto as Exhibit "1" is a true and4 correct copy of the Certificate ofRegistration (the "Copyright Design").5 16. As set forth in the Certificate ofRegistration, the Design was created in6 the United States and first published on January 18, 2012.7 17. Plaintiff is the exclusive licensee of the Design and is authorized under8 the terms of its license to prosecute this action.9 18. Within the last three years, Defendants have manufactured and/or sold

10 fabric and garments (the "Infringing Garments") containing the Copyrighted Design11 without authorization from Plaintiff. Attached hereto as Exhibit "2" is a side-by-12 side comparison ofDefendants' infringing product and Plaintiffs original artwork13 comprising the Copyrighted Design.14 19. Defendants have licensed, manufactured, sold and offered for sale the15 Infringing Garments to customers throughout the United States, including within16 this judicial district.17 20. By Defendants' unauthorized licensing, manufacture, offering for sale18 and sale of the Infringing Garments, Defendants have infringed on Plaintiffs19 Copyright in the Design.20 21. Plaintiff is without adequate remedy at law to prevent the wrongful acts21 ofDefendants herein set forth, and said acts ofDefendants have resulted and will22 result in irreparable damage to Plaintiff unless Defendants' acts of infringement are23 enjoined by this Court.24 22. Defendants' infringing activities have continued and will continue to25 the detriment ofPlaintiff, and loss and injury to Plaintiffs business in an amount not26 presently ascertainable, and threaten to increase such loss and injury unless such27 activities are enjoined by this Court and Defendants are required to recall and28 destroy all Infringing Garments.

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23. By reason of the acts ofDefendants alleged herein, Plaintiff hassuffered actual damages in an amount subject to proof at trial.

24. Due to Defendants' acts of copyright infringement, Defendants, andeach of them, have obtained profits they would not otherwise have realized but fortheir infringement of the Design. Pursuant to the Copyright Act, Plaintiff is entitledto disgorgement ofDefendants' profits attributable to Defendants' infringement ofthe Design in an amount subject to proof at trial. Plaintiff is further entitled torecover its lost profits by virtue ofDefendants' acts of infringement, which aresubject to proof at trial, but estimated at no less than $750,000.

25. Plaintiff is informed and believes and based thereon alleges thatDefendants' acts of infringement as alleged herein were willful and deliberate.Accordingly, in the event that Plaintiff elects statutory damages, Defendants, andeach of them, are subject to liability for statutory damages under Section 504(c)(2)of the Copyright Act in the sum of up to one hundred fifty thousand dollars($150,000) for each violation.

SECOND CLAIM FOR RELIEF(Contributory Copyright Infringement- Against All Defendants)

26. Plaintiff repeats and realleges the allegations contained in paragraphs 1through 25 hereinabove, and incorporates them by reference as if fully set forth

21 herein.22 27. Plaintiff is informed and believes, and based thereon alleges, that23 Defendants, and each of them, knowingly induced, participated in, aided in, and24 profited from the illegal reproduction ofPlaintiffs Design and/or subsequent sale of25 the Infringing Garments, as alleged above.26 28. By Defendants' unauthorized duplication of the Design, and by their27 offering and accepting for sale and sale of the Infringing Garments, Defendants, and28 each of them, have infringed Plaintiffs Copyright in the Design.

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1 29. Plaintiff is informed and believes and based thereon alleges that2 Defendants' acts of infringement as alleged herein were willful and deliberate.3 30. By reason of the Defendants' acts of contributory copyright4 infringement as alleged herein, Plaintiff is without adequate remedy at law to5 prevent the wrongful acts ofDefendants herein set forth, and said acts ofDefendants6 have resulted and will result in irreparable damage to the Plaintiff unless7 Defendants' acts of infringement are enjoined by this Court.8 31. Defendants' infringing activities have continued and will continue to9 the detriment ofPlaintiff and loss and injury to Plaintiffs business in an amount not

10 presently ascertainable, and threaten to increase such loss and injury unless such11 activities are enjoined by this Court and Defendants are required to recall and12 destroy all infringing garments and designs.13 32. By reason of the acts ofDefendants alleged herein, Plaintiff has14 suffered actual damages in an amount subject to proofat trial.15 33. Due to Defendants' acts of contributory copyright infringement,16 Defendants, and each of them, have obtained profits they would not otherwise have17 realized but for their infringement of the Design. As such, Plaintiff is entitled to18 disgorgement ofDefendants' profits attributable to Defendants' infringement of the19 Design in an amount subject to proof at trial. Plaintiff is further entitled to recover20 its lost profits by virtue ofDefendants' acts of infringement, which are subject to21 proof at trial, but estimated at no less than $750,000.22 34. Plaintiff is informed and believes and based thereon alleges that23 Defendants' acts of infringement as alleged herein were willful and deliberate.24 Accordingly, in the event that Plaintiff elects statutory damages, Defendants, and25 each ofthem, are subject to liability for statutory damages under Section 504(c)(2)26 of the Copyright Act in the sum of up to one hundred fifty thousand dollars27 ($150,000) for each violation.28 Ill

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1 PRAYER2 WHEREFORE, Plaintif f prays for relief against Defendants, and each of3 them, as follows:4 1. For a preliminary injunction and a permanent injunction, restraining5 Defendants and their agents, servants, employees, and all persons acting under, in6 concert with, or for them from using Plaintiff 's Design for any purpose, including7 but not limited to, use of the Design in attempting to sell and/or selling garments,8 and an order requiring the recall and destruction of all garments infringing upon the9 Design.

10 2. Actual damages, plus Defendants' profits attributable to Defendants'11 infringement of the Design, in an amount subject to proof at trial but estimated at no12 less than $750,000; or, if elected, statutory damages as available under the13 Copyright Act in the amount of$150,000.00.1415

3.4.

For attorneys' fees where allowed by law.For such further and other relief as the Court deems just and proper.

16 Dated: Awzust 9. 2013171819202122232425262728

RESCH POLSTER & BERGER LLP

Bv: __________Michael C. BaumAttorneys for Plaintiff Lauren Moshi, LLC

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DEMAND FOR JURY TRIALPlaintiff hereby demands a trial by jury in this action.

Dated: Ammst 9. 2013 RESCH POLSTER & BERGER LLP

Bv: =----==--==-===-==-Michael C. BaumAttorneys for Plaintiff Lauren Moshi, LLC

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eCertificate of Registration_,,.sTA"l E::s_.,"(

;;..' :.1-'i-- J_This Certilkate issued tmder the seal of the CoprrightOffice in accordance with title 17. l'11ited Stalts Cfldt?.attests that regbtratiun been made for the workidentified below. The information on this certificatebeen made a part of the Copydght Office records.

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Register ufCl'pyrights. L'nited States of Amerka

Registration NumberVA 1-804-046Effectin date ofregistration:February 29, 2012

T i t le - - - - - - - - - - - - - - - - - - - - - - - - -Title of Work: Jeopard head

Completion/Publication-------------------Year of Completion: 2012Date of ls t Publication: January 18,2012 Nation of 1st Publication: United States

Author Author: Lauren Moshi

Author Created: 2 0 artworkCitizen of: United States Domiciled in: United States

Copyright claimantCopyright Claimant: Lauren Moshi

10125 Baywood Court, Los Angeles. CA. 90077Rights and Permissions

Certification

Name: Lauren MoshiEmail: [email protected]

Address: 10125 Baywood CourtLos Angeles, CA 90077

Name: lauren moshiDate: February 29,2012

Telephone: 323-888-883f

Exhibit 1


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lauren moshi llc v. target corp. et al. 2:13-cv-05859 (c.d. cal.) (complaint, filed aug. 12, 2013)

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