Académique Documents
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) CASE NO.
)
) COMPLAINT FOR DAMAGES AND
Plaintiff,
) EQUITABLE RELIEF
)
v.
) 1.
TRADE DRESS INFRINGEMENT;
)
NORDSTROM, INC., a
) 2.
TRADE DRESS INFRINGEMENT
Washington corporation; and DOES )
UNDER CALIFORNIA COMMON
1-10, inclusive,
)
LAW
)
Defendant.
) 3.
UNFAIR COMPETITION
)
CALIFORNIA UNFAIR BUSINESS
)
PRACTICES ACT, CAL. BUS. &
)
PROF. CODE, 17200, ET. SEQ.;
)
) 4.
UNFAIR COMPETITION UNDER
)
CALIFORNIA COMMON LAW
)
)
)
JURY TRIAL DEMANDED
)
Plaintiff Hammitt, Inc. (Plaintiff or Hammitt) for its claims against
Defendant Nordstrom, Inc. (Defendant) respectfully alleges as follows:
JURISDICTION AND VENUE
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1.
Plaintiff files this action against Defendant for trade dress infringement
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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
and unfair competition under the Lanham Trademark Act of 1946, 15 U.S.C. 1051 et
seq. (the Lanham Act) and for related claims under the statutory and common law of
the state of California. This Court has subject matter jurisdiction over the Federal
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2.
This action arises out of wrongful acts by Defendant within this judicial
district and Plaintiff is located and has been injured in this judicial district by
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THE PARTIES
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laws of the state of California with an office and principal place of business in
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existing under the laws of the state of Washington with an office and principal place of
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6.
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through 10, inclusive, and therefore sues them by their fictitious names. Plaintiff will
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seek leave to amend this complaint when their true names and capacities are
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ascertained. Plaintiff is informed and believes, and based thereon alleges, that said
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Defendant and DOES 1 through 10, inclusive, are in some manner responsible for the
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wrongs alleged herein, and that at all times referenced each was the agent and servant
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of the other Defendants and was acting within the course and scope of said agency and
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employment.
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7.
Plaintiff is informed and believes, and based thereon alleges, that at all
relevant times herein, Defendant and DOES 1 through 10, inclusive, knew or
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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
reasonably should have known of the acts and behavior alleged herein and the damages
caused thereby, and by their inaction ratified and encouraged such acts and behavior.
Plaintiff further alleges that Defendant and DOES 1 through 10, inclusive, had a non-
delegable duty to prevent or cause such acts and the behavior described herein, which
duty Defendant and DOES 1 though 10, inclusive, failed and/or refused to perform.
A.
Hammitts Products
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Angeles. Hammitt is the industry leader in locally produced handcrafted Los Angeles
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use of hardware, including Hammitts signature rivets, which appear in linear patterns
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along the sides, trimmings, and/or handles of the product (hereinafter Signature Rivet
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Trade Dress). The rivets of Hammitts Signature Rivet Trade Dress are the same size
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and each rivet is separated with the same amount of space on all goods with which said
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HAMMITT bags is the VIP Clutch. The VIP Clutch is easily identified by a
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slanted magnetic fold-over flap bearing a front zippered pocket, circular metal rivets
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that start on the top of the main pocket of the purse underneath the flap and run in a
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linear pattern along the sides down to the bottom of the bag, two large zipper
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///
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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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here and abroad, including but not limited to OK!, the New York Times, People,
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stars and has been featured in prime time television series including 90210, Gossip
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Girl, Big Bang Theory, Entourage, The Good Wife, The Mentalist, and Two and a Half
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Men.
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14.
Hammitts VIP Trade Dress was an original design of Hammitt and the
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key elements thereof are non-functional and serve primarily to identify Hammitt as its
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source.
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which have been featured on Hammitts advertising and promotional materials as well
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as in the trade publications set forth above. Hammitt has extensively used and
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promoted the VIP Trade Dress on its products such that it is closely identified with
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Due to its long use, extensive sales, and significant advertising and
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acceptance and recognition among the consuming public and trade throughout the
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United States.
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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
B.
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wide range of apparel and footwear. Defendants retail stores are located nationwide,
including within this judicial district. Defendants products can also be purchased
consumers nationwide.
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Hammitts VIP Trade Dress in connection with the sale, offering for sale, distribution,
and/or advertising of handbags that are not made by Hammitt or associated with the
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HAMMITT brand.
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Upon information and belief, Hammitt heron avers that Defendant has
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substantially similar to the VIP Trade Dress were being offered for sale and sold by
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Defendant through its retail locations as well as the Nordstrom Website (Infringing
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Products). These Infringing Products feature design elements in the same style, form,
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Defendants Infringing Product
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of products and the VIP Trade Dress, Hammitt avers and hereon alleges that Defendant
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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
had knowledge of Hammitts rights to the VIP Trade Dress and has intentionally
utilized said trade dress on its own products in an effort to pass them off as if they
originated, are associated with, are affiliated with, are sponsored by, are authorized by,
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of products and the VIP Trade Dress, Hammit avers and hereon alleges that Defendant
had knowledge of Hammitts rights to the VIP Trade Dress and has intentionally
utilized said trade dress on its own products in an effort to pass them off as if they
originated, are associated with, are affiliated with, are sponsored by, are authorized by,
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products and/or participated in additional activities that infringe upon Hammitts trade
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dresses or other intellectual property. Hammitt may seek leave to amend as additional
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competitor and has copied Hammitts VIP Trade Dress in an effort to exploit
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Hammitt is informed and believes and hereon alleges that Defendant has
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acted in bad faith and that Defendants deceptive acts have misled and confused and
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Products by Hammitt.
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inherently distinctive quality has achieved a high degree of consumer recognition and
serves to identify Hammitt as the source of the product bearing said trade dress.
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The VIP Trade Dress is of such a unique and unusual quality that a
customer would immediately rely on said design to differentiate the source of goods.
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sale by Defendant bear nearly identical reproductions of the VIP Trade Dress, such as
products.
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constitutes false designation of origin and a false representation that the goods and
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connected with Hammitt or come from the same source as Hammitts goods when, in
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and result in confusion, mistake or deception, and is likely to cause the public to
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connected or affiliated with Defendants commercial and business activities, all to the
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detriment of Hammitt.
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VIP Trade Dress, or any designs confusingly similar thereto, and to recover all
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damages, including attorneys fees, that Hammitt has sustained and will sustain, and all
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gains, profits and advantages obtained by Defendant as a result of its infringing acts
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alleged above in an amount not yet known, as well as the costs of this action.
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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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trade dress infringement in violation of the common law of the state of California.
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Defendants unauthorized use of the VIP Trade Dress has caused and is
likely to cause confusion as to the source of Defendants products, all to the detriment
of Hammitt.
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Defendants acts are willful, deliberate, and intended to confuse the public
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damages that have been caused and which will continue to be caused by Defendants
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despicable and harmful to Hammitt and as such supports an award of exemplary and
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prohibiting Defendant from infringing the VIP Trade Dress, and to recover all
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damages, including attorneys fees, that Hammitt has sustained and will sustain, and all
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gains, profits and advantages obtained by Defendant as a result of its infringing acts
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alleged above in an amount not yet known, and the costs of this action.
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(Unfair Competition California Unfair Business Practices Act, Cal. Bus. & Prof.
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41.
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likely to confuse or mislead consumers into believing that Defendants goods are
constituting a violation of the California Unfair Business Practices Act, Cal. Bus. &
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The deceptive, unfair and fraudulent practices set forth herein have been
undertaken with knowledge by Defendant willfully with the intention of causing harm
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Hammitt has suffered damages and will continue to suffer damages in an amount that
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is not presently ascertainable but will be proven at trial. Hammitt is entitled to all
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available relief provided for in California Unfair Business Practices Act, Cal. Bus. &
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maliciously, willfully, wantonly and oppressively, with intent to injure Hammitt in its
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business and with conscious disregard for Hammitts rights, thereby justifying awards
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goodwill associated therewith for Defendants own pecuniary gain. Hammitt has
expended substantial time, resources and effort to obtain an excellent reputation for the
enriched and is benefiting from property rights that rightfully belong to Hammitt.
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51.
Defendants acts are willful, deliberate, and intended to confuse the public
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damages that have been caused and which will continue to be caused by Defendants
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despicable and harmful to Hammitt and as such supports an award of exemplary and
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prohibiting Defendant from infringing the VIP Trade Dress and to recover all damages,
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including attorneys fees, that Hammitt has sustained and will sustain, and all gains,
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profits and advantages obtained by Defendant as a result of its infringing acts alleged
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above in an amount not yet known, and the costs of this action.
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A Judgment that Defendant has infringed Hammitts VIP Trade Dress and
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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
2.
associates, attorneys, and all persons acting by, through, or in concert with any of them
from using Hammitts intellectual property, including, but not limited to:
a.
supplying, distributing, offering for sale, or selling the Infringing Products or any other
products which bear Hammitts VIP Trade Dress and/or any designs confusingly
similar thereto;
b.
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Hammitt, or acts and practices that deceive consumers, the public, and/or trade,
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including without limitation, the use of designations and design elements used or
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c.
committing any other act which falsely represents or which has the
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effect of falsely representing that the goods and services of Defendant are licensed by,
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authorized by, offered by, produced by, sponsored by, or in any other way associated
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with Hammitt;
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3.
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deliver to Hammitt for destruction or other disposition all remaining inventory of all
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Infringing Products and related items, including all advertisements, promotional and
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Ordering Defendant to file with this Court and serve on Hammitt within
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thirty (30) days after entry of the injunction a report in writing, under oath setting forth
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in detail the manner and form in which Defendant has complied with the injunction;
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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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By:
__________________
Brent H. Blakely
Cindy Chan
Jessica C. Covington
Attorneys for Plaintiff Hammitt, Inc.
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COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF
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By:
__________________
Brent H. Blakely
Cindy Chan
Jessica C. Covington
Attorneys for Plaintiff Hammitt, Inc.
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