UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO

LEADING LADY, INC.,

Plaintiff,
v.

DESTINATION MATERNITY CORP.

Defendant.





Case No. 1:14-cv-2327


JURY TRIAL DEMANDED



COMPLAINT
Plaintiff Leading Lady, Inc. (Leading Lady), by and through its undersigned counsel,
as and for its Claims against Defendant Destination Maternity Corp. (Destination Maternity),
respectfully alleges and says:
NATURE OF THE ACTION
1. This is an action for trademark infringement arising under the Trademark Laws of
the United States, 15 U.S.C. 1501 et seq.

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THE PARTIES
2. Plaintiff Leading Lady is a corporation organized under the laws of Ohio with its
principal place of business at 24050 Commerce Park, Beachwood, Ohio 44122.
3. Upon information and belief, Destination Maternity is a corporation organized
under the laws of Delaware with its principal place of business at 456 North 5
th
Street,
Philadelphia, Pennsylvania 19123.
JURISDICTION

4. This Court has subject matter jurisdiction pursuant to 15 U.S.C. 1121 and 28
U.S.C. 1331 and 1338(a) as this case arises under the Lanham Act, 15 U.S.C. 1051, et seq.
5. Personal jurisdiction is proper in this Court because Destination Maternity has
conducted business within the State of Ohio, thereby purposely availing themselves of the
privilege of acting in the State of Ohio. For example, Destination Maternity operates more than
ten stores in the Cleveland area alone. Destination Maternity has also committed acts of
trademark infringement in this District. Personal jurisdiction is also proper because a substantial
part of the events and omissions giving rise to Leading Ladys claims occurred in this District.
6. Venue is proper in this District pursuant to 28 U.S.C. 1391.
FACTUAL ALLEGATIONS

7. Leading Lady is engaged in the business of selling products for nursing and full-
figured women, including nursing bras. Leading Lady was founded in 1939, and in the 1940s
began making and selling nursing bras. Leading Lady has continued to sell nursing bras since
then 1940s, and today is a leader in nursing bras (hereinafter the Leading Lady Goods).
8. Leading Lady owns multiple United States registrations for use in connection
with its nursing bras, including US Trademark Registration Number 1807614 for LEADING
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LADY (hereinafter the Leading Lady Mark). The Leading Lady Mark was registered on
November 30, 1993 and is incontestable.
9. Leading Lady currently sells its Goods through its www.leadinglady.com website,
as well as at stores including JC Penney, WalMart and other similar retailers. Leading Lady sells
its goods to both full figured women as well as to pregnant and nursing women.
10. Continuously, since at least 1942, Leading Lady has extensively used the Leading
Lady Mark to advertise, market and sell the Leading Lady Goods.
11. In or around August 2014, Destination Maternity began offering a bra called
Leading Lady under its Dita Von Teese collection. This Leading Lady bra was advertised in
the Fall 2014 Lookbook distributed by mail by Destination Maternity, as shown below:

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12. The Fall 2014 LookBook featuring the Dita Von Teese Leading Lady bras was
also available on Destination Maternitys website at http://www.destinationmaternity.com/
shop_destinationmaternity/catalog.asp (accessed September 24, 2014).
COUNT I
(Trademark Infringement Under 15 U.S.C. 1114(1)(a))

13. Leading Lady repeats and realleges each and every allegation contained with
Paragraphs 1-12 of this Complaint as though fully set forth herein.
14. Despite knowledge of Leading Ladys rights in the Leading Lady Marks,
Destination Maternity has, without Leading Ladys consent, used and continue to use in
commerce the Leading Lady Mark, or counterfeits, copies, reproductions or colorable imitations
thereof in connection with the sale, offering for sale, distribution, and advertising of Destination
Maternitys goods and services.
15. Defendants actions constitute willful infringement of Leading Ladys exclusive
rights in the Leading Lady Mark in violation of 15 U.S.C. 1114.
16. Defendants use of the Leading Lady Mark, counterfeits, copies, reproductions or
colorable imitations thereof, has been and continues to be done with the intent to cause
confusion, mistake and to deceive consumers concerning the source and/or sponsorship of
Defendants goods and services.
17. As a direct and proximate result of Defendants conduct, Leading Lady has
suffered irreparable harm to the valuable Leading Lady Mark. Unless Defendant is restrained
from further infringement of the Leading Lady Mark, Leading Lady will continue to be
irreparably harmed.
18. Leading Lady has no adequate remedy at law that will compensate for the
continued and irreparable harm it will suffer if Defendants conduct is allowed to continue.
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COUNT II
(False Designation of Origin or Sponsorship Under 15 U.S.C. 1125(a))

19. Leading Lady repeats and realleges each and every allegation contained within
paragraphs 1-18 of this Complaint as though fully set forth herein.
20. Defendant has knowingly used and continues to use the Leading Lady Mark in
commerce, or counterfeits, reproductions, copies, or colorable imitations thereof, in connection
with the goods and services that the Defendant advertises, promotes, and sells. Defendants
actions render this case exceptional within the meaning of 15 U.S.C. 1117(a).
21. Defendants use of the Leading Lady Mark as alleged above is likely to confuse,
mislead, or deceive customers, purchasers, and members of the general public as to the origin,
source, sponsorship, or affiliation of Defendant and Leading Lady and/or Defendants goods and
services and Leading Ladys goods and services, and is likely to cause consumers to believe in
error that Defendants goods and services have been authorized, sponsored, approved, endorsed,
or licensed by Leading Lady or that the Defendant is in some way affiliated with Leading Lady.
22. Defendants acts constitute false designations of the origin and/or sponsorship of
Defendants goods and unfair competition in violation of 15 U.S.C. 1125(a).
23. As a direct and proximate result of Defendants conduct, Leading Lady has
suffered irreparable harm to the valuable Leading Lady Mark. Unless Defendant is restrained
from further infringement of the Leading Lady Mark, Leading Lady will continue to be
irreparably harmed.
24. Leading Lady has no adequate remedy at law that will compensate for the
continued and irreparable harm it will suffer if Defendants conduct is allowed to continue.

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PRAYER FOR RELIEF

WHEREFORE, Leading Lady prays that this Court enter judgment against Defendant
and in favor of Leading Lady on its claims as follows:
A. A determination that the Defendant has violated 15 U.S.C. 1125(a), that
Leading Lady has been damaged by such violations, and that the Defendant is liable to Leading
Lady for such violations;
B. A determination that the Defendant has violated 15 U.S.C. 1114(1)(a), that
Leading Lady has been damaged by such violations, and that Defendant is liable to Leading
Lady for such violations;
C. A determination that this case is exceptional, in the sense of 15 U.S.C.
1117(a);
D. Under all claims for relief, that injunction be temporarily, preliminarily, and
permanently issued enjoining Defendant, its employees, agents, successors and assigns, and all
those in active concert and participation with them, and each of them who receives notice
directly or otherwise of such injunctions, from:
(1) imitating, copying, or making any unauthorized use of the Leading Lady
Mark;
(2) importing, manufacturing, producing, distributing, circulating, selling,
offering for sale, advertising, promoting or displaying any service or product using any
simulation, reproduction, counterfeit, copy, or colorable imitation of the Leading Lady Mark;
and
(3) using any false designation of origin or false description or performing
any act which is likely to lead members of the trade or public to believe that any service or
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product manufactured, distributed or sold by Defendant is in any manner associated or connected
with Leading Lady or is sold, manufactured, licensed, sponsored, approved or authorized by
Leading Lady;
E. For an Order directing the Defendant and its agents, employees, servants,
attorneys, successors, and assigns, and all others in privity or acting in concert therewith, to file
with this Court, and serve upon Leading Ladys counsel within thirty (30) days after entry of
such judgment, a written report under oath, setting forth in detail the manner and form in which
they have complied with such judgment;
F. For an Order permitting Leading Lady, and/or auditors of Leading Lady, to audit
and inspect the books, records, and premises of the defendant and related corporations for a
period of six (6) months after entry of final relief in this matter, to determine the scope of the
Defendants past use of Leading Ladys intellectual property, including all manufacturing,
distribution, and sales of products bearing the Leading Lady Mark, as well as the Defendants
compliance with the orders of this Court;
G. For an award of Leading Ladys damages trebled or, alternatively, an award of
Defendants wrongful profits trebled, whichever is greater, plus Leading Ladys costs and
attorneys fees, pursuant to 15 U.S.C. 1117;
H. For an award Leading Ladys damages arising out of Defendants acts;
I. For an Order requiring Defendant to file with the Court and provide to Leading
Lady an accounting of all sales and profits realized by Defendant through the use of the Leading
Lady Mark and any counterfeits, reproductions, copies, or colorable imitations thereof;
J. For an award of interest, including pre-judgment interest on the foregoing sums;
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K. For an award of Leading Ladys costs and disbursements incurred in this action,
including Leading Ladys reasonable attorneys fees;
L. For such other and further relief as the Court may deem just and appropriate.
JURY DEMAND
Leading Lady demands a trial by jury on all issues so triable.

Respectfully submitted,
Dated: October 17, 2014
/s/ Frank A. Angileri
Frank A. Angileri (MI Bar No. P45611)
Kristin L. Murphy (MI Bar No. P57284)
Rebecca J. Cantor (MI Bar No. P76826)
BROOKS KUSHMAN P.C.
1000 Town Center, Twenty-Second Floor
Southfield, Michigan 48075
Tel: (248) 358-4400; Fax: (248) 358-3351
Email: mcantor@brooksksuhman.com
ccarswell@brookskushman.com
rcantor@brooksksuhman.com

Attorneys for Plaintiff Leading Lady, Inc.
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