Skinny Brand Jeans v. QVC - Complaint

Case 2:18-cv-02011-JCJ Document 1 Filed 05/14/18 Page 1 of 21
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SKINNY BRAND JEANS LLC,

a Delaware Limited Liability Company,
26 East 63rd Street, Suite 38
New York, NY 10065
Civ. Action No. ~---~~-
and
CATHERINE HART, COMPLAINT

an individual,
26 East 63rd Street, Suite 36
New York, NY 10065
Plaintiffs
vs .
QVC, Inc., a Delaware Corporation,

Studio Park
1200 Wilson Drive
West Chester, PA 19380
Defenda nt
Plaintiffs Skinny Brand Jeqns LLC and Catherine Hart state the
following Complaint against Defendant QVC I n~.
PARTIES
1. Plaintiff Skinny Brand Jeans LLC (hereinafter "Skinny Brand
Jeans'') is a limited liabi lity company registered in Delaware with its current
principal place of business at 26 East 63rd Street, Suite 3B, New York, NY
10065.
1
2. Plaintiff Catherine Hart (hereinafter "Hart") is an individual
residing at 26 East 63rd Street, Suite 3B, New York, NY 10065, and is the
Managing Member of Skinny Brand Jeans LLC.
3. Defendant QVC Inc. (hereinafter "QVC") is a corporation
registered in Delaware with its principal place of business at Studio Park,
1200 Wilson Drive, West Chester, PA 19380.
JYRI~DIC;TIO,N AND V~NUE
4. Jurisdiction in this Cou rt is proper under, inter alia, 28 U.S.C. §
1338(a) and 15 u.s.c. § 1121, because the claims of Skinny Brand Jeans
and Hart arise under federal law and relpte to the protection of their
trademarks, copyrights and/or patents.
5. Jurisdiction in this Court is proper und~r 28 l).S.C. § 1338(b)
insofar as Plaintiffs assert claims for unfa ir competition joined with related
claims under copyright and trademark laws.
6. This Court has supplemental jurisdiction pursuant to 28 U.S.C. §
1367(a) over Plaintiffs' state law claims because those claims are so related
to the federal claims that they form part of the same case or controversy.
7. Venue is proper in the Eastern District of Pennsylvania pursuant
to 28 U.S.C. § 1391(b)(l) and (2) because QVC resides in this district, and
sold infringing goods in this district, and caused harm to Skinny Brand Jeans
and Hart in this district.
2
STATEMENT OF FACTS
8. On September 5, 2013, Hart met with QVC representatives at
QVC headquarters to demonstrate the slimming fabrication and slimming
wash pattern of her premium slimming denim line called SkinnyJeans®, and
to pitch a quality version of the premium-priced, domestically-made
slimming jeans that would sell at a price point well above the low-end jeans
then being sold on QVC, but below the price of American-made premium
denim. QVC's market was saturated with low price, low quality in-house
brands of denim, and there was large, unfulfilled market for better, higher-
quality jeans.
9. On October 15, 2013, QVC trademarked "How Slimming" as part
of their in-house Denim & Co. line of products (How Comfy, How Modern
etc.), and "How Fitting" on February 6, 2018, both of which stole Skinny
Brand Jeans' stomach restraining panel fabrication. This information was
unknown to Hart before 2018.
10. On March 11, 2014, Skinny Brand Jeans entered into an
agreement with QVC (copy attached as Exh. A) wherein Skinny Brand Jeans
granted a license to QVC to manufacture and sell a lesser-priced version of
its American-made slimming jeans to be called "SkinnyJeans2®" (this
trademark is registered to Skinny Brand Jeans LLC), and to be sold on air
(via television broadcast) by Hart as the representative of Skinny Brand
Jeans and the inventor of the original SkinnyJeans® slimming denim. Skinny
3
Brand Jeans fulfilled its contractual obligations to QVC by virtue of Hart's
making numerous trips to West Chester, PA for design meetings whenever
requested, by providing all materials requested, by cooperating in every way
to make the best possible products, and by making numerous on-air
appearances to promote the Skinny Brand Jeans' products.
11. Hart started developing innovative fabrication techniques and
wash techniques in 2004 to make jeans appear slimming. It took over a
year of working with multiple production houses and wash houses in Los
Angeles, California to perfect the techniques, including a front shaping panel
to slim the stomach by sewing the pocketing fabric into the side seams and
the front center seam which created a restraining panel. The most difficult
part was the wash pattern -- denim wash patterns were all based on normal
wear patterns so that the jean would appear to be 'worn in' and molded to
the body giving it a rich, dimensional look. This consisted of 'whiskers' which
ran across the leg break to the hip to mimic lines which form after years of
sitting; the entire front of the thighs to below the knee were abraded to look
worn using sandpaper, chemicals or lasers to give it a light, worn-in look
consistent with a natural wear pattern; and the back of the jeans were worn
from the buttocks to about half-way down the back of the
thigh. Occasionally, whiskers would be added to the back of the knee or the
ankle, sometimes with a three-dimensional effect.
4
12. Hart originated the idea of taking the light and dark values
created naturally over time by wearing a jean and employing it to
'photoshop' or contour the body using a darker value on the inside and the
outside of the leg all the way from the hip to the ankle, both front and back
of the jean, making the legs appear thinner, and by raising the whiskers
above the natural leg break so the leg appears longer. This essentially
created a very effective illusion of a slimmer body. It was difficult to do
because the wash technicians all followed the same wear pattern and indeed
in order to finish the jeans with sanding and chemicals they would fit each
pair of jeans over an air bladder that stretched from the waist to just below
the knees. In order to drastically alter this, Hart had to completely upend
the process, get rid of the air bladders and standard wear examples and
create a wholly innovative approach to applying this slimming wash pattern
on the front and back of jeans. It took over a year to perfect the wash.
13. Hart applied for a design patent on her fabrication techniques,
specifically the stomach panel shaper, on December 23, 2005. After
abandonment due to cost, a petition filed October 25, 2016 to renew the
application was granted. Currently, the design patent application is being
converted to a utility patent application as it is more properly a utility patent
than a design patent.
14. Numerous design meetings were held at the large open design
area at QVC beginning November 15, 2013 wherein QVC employees were
5
taught by Skinny Brand Jeans (i.e., by Hart) exactly how to replicate each
detail of its American-made premium slimming jean in a lower-priced
Chinese-made version using Chinese denim for SkinnyJeans2®, including
providing a detailed Tech Pack to QVC on how to fabricate and wash the
jeans. The most important part was the wash pattern as that was the most
visually compelling for sale on television; thus, a great deal of time was
spent making sure that QVC personnel understood how to properly execute
the slimming wash pattern .
15. The design meetings were attended by QVC employees in all
areas of jeans manufacturing including fit, trim, labeling, pattern making,
sizing, grading, fabric development, sewing and wash development. These
meetings were held on the following dates: November 15, 2013; March 28,
2014; May 9, 2014; June 20, 2014; September 12, 2014; October 27, 2014;
November 20, 2014; February 7, 2015; May 1, 2015; June 1, 2015 and June
19, 2015.
16. On October 6, 2014, SkinnyJeans2® slimming denim debuted on
QVC in dark and medium denim washes with its innovative slimming
fabrication techniques and distinctive wash pattern of a lighter value all up
and down the front and back of the legs. The jeans sold out on the first
appearance and waitlisted at 200°/o of the first production level.
17. On June 19, 2015, the last design meeting between the parties
was held wherein Skinny Brand Jeans provided a sample of its premium
6
light-washed jean with its signature slimming wash for QVC to source and
reproduce for SkinnyJeans2®.
18. Approximately six months later in December of 2015 (which is
the approximate lead time to develop and bring denim products to air), QVC
stole Skinny Brand Jeans wash pattern and put the slimming wash pattern
on its in-house branded jeans called G.I.L.I.™ This was unknown to Skinny
Brand Jeans until March 3, 2016.
19. On March 3, 2016, Skinny Brand Jeans was finally given airtime
to debut its very light-colored jean with its dramatic slimming wash pattern,
for SkinnyJeans2® -- three months after QVC had already started selling the
stolen wash pattern on its in-house branded G.I.L.I.™ jeans. Hart was in
the samples room at QVC getting ready to go on air when she saw what she
thought was clearly her light washed jeans with the distinctive front and
back slimming wash pattern on a rack across the room, and then was
sickened to see that QVC had stolen her slimming wash design and put it on
its in-house G.I.L.I.™ labeled jeans.
20. On April 26, 2016, Hart applied to register a copyright of the
Slimming Wash Pattern on Denim, Registration Number VA0002056365/
2016-04-26 (Exh. B hereto). The copyright was applied for in the name of
Catherine Hart and assigned to Skinny Brand Jeans and sent for recordation
on or about May 12, 2018.
7
21. May 13, 2016 was the last on-air appearance for Hart and
Skinny Brand Jeans on QVC.
22. On May 16, 2016 Hart applied for a design patent for her
ornamental design of Slimming Wash P~ttern on Denim which was granted
on February 6, 2018, Patent No. US D809,248 S (Exh. C hereto). The
"Description" in this patent, paragraphs 3 and 4, describes the "slimming
visual effect" of the "wash pattern" on the jeans.
23. On May 16, 2016, Skinny Brand J~ans put QVC on written notice
of its theft of Skinny Brand Jeans' slimming fabrication techniques and
slimming wash pattern and its unauthorized use on its in-house branded
products.
24. On May 19, 2016, Hart filed for a copyright registration for her
Slimming Denim Fabrication, Registration No. VA 2-050-783. This copyright
was assigned to Skinny Brand Jeans and recorded on or about May 14,
2018.
25. QVC requested specific information on Plaintiffs' intellectual
property rights, and on July 14, 2016, Skinny Brand Jeans provided the
following information by email: (a) Design Patent Application 29/560,388 -
Slimming Wash Pattern; (b) Design Patent Application 29/245,405 -
Reducing and Shaping Blue Jeans; (c) Trademark Reg. Number 31060762 -
SkinnyJeans®; and (d) Trademark Reg. Number 4827913 - SkinnyJeans2®;
(e) Trademark Ser. Number 86939242- Slimming Denim; (f) Trademark
8
Reg. Number 3671225 - Jeans that make you look thinner; (g) Copyright
Case No. 1-3336937511 - Slimming Wash Pattern on Denim; and (h)
Copyright Case No. 1-3442467981 - Slimming Denim Fabrication.
26. On July 27, 2016, QVC complained to Hart that the patent
applications are not publicly available through the United States Patent and
Trademark Office and that Skinny Brand Jeans should send it the
applications and drawings.
27. Because pending patent applications are normally not public, and
because QVC had already stolen the designs of Skinny Brand Jeans to use on
its in-house branded products, Skinny Brand Jeans declined to provide the
patent applications and drawings to QVC. But since then, the design patent
0809,248 S for Slimming Wash Pattern on Denim has been granted and is
publicly available.
28. On August 10, 2016, Skinny Brand Jeans terminated the license
agreement effective on September 11, 2016 due to QVC's breaches of the
license agreement and theft of Skinny Brand Jeans' designs and sent a
"Cease and Desist" letter demanding that QVC cease selling its in-house
branded jeans using designs stolen from Skinny Brand Jeans.
29. From May 16, 2016 to August 18, 2016, Hart tried to work with
QVC to get them to stop blatantly stealing her designs and to get th~
business back on track. Finally, on August 18, 2018, QVC sent a letter to
Skinny Brand Jeans stating that it had no protectable rights, that there was
9
no similarity between the original and the copied wash pattern and that QVC
had the right to sell jeans.
30. Based on this August 18, 2016 letter, Skinny Brand Jeans
realized that QVC was not going to promote Skinny Brand Jeans' products in
any markets, domestic or international, and that QVC's intention toward
Skinny Brand Jeans was to steal as many of its ideas as it could get away
with.
31. Back on September 25, 2015, Skinny Brand Jeans had received
an email from QVC's in-house charity, "Partners in Giving", promising to take
SkinnyJeans2® to international markets in exchange for a charitable
donation of $1500 to the QVC charities listed prominently on the email (e.g.,
"Too Many Shelter Dogs, Please ADOPT!" and "Stick a Fork in Child
Hunger"). The email was from the Global Sourcing Director who had been
working closely with Skinny Brand Jeans during the development stage to
develop SkinnyJeans2®. Skinny Brand Jeans remitted a check for $1500 to
QVC's charities in order to be promoted in international markets. This was
in addition to another check for $1500 which was given to QVC charities at
the behest of QVC on the day of its very first airing, October 6, 2014.
32. On February 24, 2017, the parties agreed to attend a meeting at
QVC wherein Skinny Brand Jeans was told by QVC that QVC developed the
slimming wash pattern and that it had nothing to do with Skinny Brand
Jeans. This representation by QVC was false.
10
33. Realizing that QVC's intention was to steal Skinny Brand Jeans'
designs and put them on its own products while marginalizing
SkinnyJeans2®, a review of the jeans sold on QVC.com uncovered that QVC
had also copied Skinny Brand Jeans' fabrication techniques, specifically the
stomach panel shaper, and used it on its in-house "How Slimming" and "How
Fitting" in-house branded Denim & Co. jeans.
34. On May 11, 2018, Hart purchased a pair of the G.LL.I.™ jeans
with stolen wash pattern from QVC.com.
35. On May 13, 2018, Hart purchased a pair of QVC Denim & Co.
jeans with stolen stomach shaping panel from QVC.com.
COUNT 1: TRADE DRESS INFRINGEMENT
(Skinny Brand Jeans v. QVC)
36. The foregoing Paragraphs of this Complaint are realleged and
incorporated herein by reference as if fully set forth.
37. Skinny Brand Jeans' unique, innovative, distinctive and
recognizable slimming wash pattern is a visual impression which makes it
recognizable as a Skinny Brand Jeans' product and makes a commercial
impression. The elements of the slimming, contouring wash pattern are
completely nonfunctional and decorative only, and the wash pattern
identifies the jeans as a Skinny Brand Jeans product.
11
38. The theft by QVC of Skinny Brand Jeans' wash pattern and
placing it on its in-house branded G.I.L.I.™ products likely causes confusion
among consumers as to the origin and source of the products.
39. The theft by QVC of Skinny Brands Jeans' wash pattern for use
with its in-house G.I.L.I.™ brand jeans was and is a misappropriation of
Skinny Brand Jeans' trade dress, in violation of§ 43(a) of the Lanham Act,
15 U.S.C. § 1125(a).
40. Skinny Brand Jeans has suffered damages through the loss of
sales due to confusion of customers, and through degradation and dilution of
its brand. Additionally, Skinny Brand Jeans is entitled to all available
damages under 15 U.S.C. § 1117 including QVC's profits, the value of the
lost sales by Skinny Brand Jeans, and costs of this action. Further, under
the circumstances of this case, if the Court agrees, Skinny Brand Jeans
should be entitled to treble damage~ and, due to the exceptional nature of
this case, its attorney's fees, as well.
COUNTII:COPYRIGHTINFRINGEMENT
(Skinny Brand Jeans and Hart v. QVC)
42. Hart and Skinny Brand Jeans are the sequential owners of a valid
copyright on its original slimming wash pattern (VA0002056365 I 2016-04-

26), which is a two-dimensional depiction of the innovative, non-functional
12
and separable image of the wash pattern on denim. This copyright was in
effect as soon as the image was published on its first pair of jeans. Hart
registered the copyright with the Library of Congress on April 26, 2016.
43. QVC had direct access to the elements of this original copyrighted
works through the extensive design meetings and detailed Tech Packs
provided to QVC in order to use these techniques on Skinny Brand Jeans
products. However, QVC stole the copyrighted slimming wash pattern and
used it on its in-house G.I.L.I.™ branded jeans, in violation of Plaintiffs'
exclusive rights under the Copyright Act, 17 U.S.C. § 101 et seq., and QVC
is thus liable under the decision of Star Athletica, L.L.C. v. Varsity Brands,
Inc., 137 s.ct. 1002 (2017).
44. QVC has infringed Plaintiffs' registered copyright on its original
slimming wash pattern (VA0002056365 I 2016-04-26) in violation of§§ 106
and 501 of the Copyright Act, 17 U.S.C. §§ 106 and 501.
45. QVC's acts of infringement were willful, intentional and
purposeful, in disregard of and with Indifference to Plaintiffs' rights.
46. As a direct and proximate result of QVC's infringement, Plaintiffs
are entitled to damages under 17 U.S.C. § 504, in an amount to be proven
at trial, including but not limited to Plaintiffs' actual damages and QVC's
profits, or, at Plaintiffs' election, statutory damages, with such increases for
willfulness as the Court deems appropriate.
13
47. Plaintiffs are further entitled to their reasonable attorney's fees
and full costs pursuant to 17 U.S.C. § 505, and otherwise according to
law.
COUNT III: UNFAIR COMPETITION
(Skinny Brand Jeans and Hart v . QVC)
49. The innovative slimming wash pattern (VA0002056365 I 2016-
04-26, Slimming Wash Pattern) and stomach restraining panel (depicted in
Plaintiffs' Copyright VA-2-050-783, Slimming Denim Fabrication) were unlike
anything that had ever been aired on QVC, and both were associated
exclusively with SkinnyJeans2® slimming jeans. Skinny Brand Jeans had
made substantial investment of time, effort and money in creating the
restraining panel and the wash pattern.
50. Skinny Brand Jeans gave QVC the techniques, methods and
know-how to create the stomach restra ining panel and slimming wash
pattern to be used on Skinny Brand Jeans' products . QVC however stole
those techniques, methods and know-how from Skinny Brand Jeans and
applied it on its in-house G.I.L.I.™ branded jeans and Denim & Co . branded
jeans, at no cost to itself.
14
51. QVC's theft of Skinny Brand Jeans' restraining fabrication and
wash pattern causes consumer confusion as the QVC-copied jeans have the
same signature slimming fabrication as Skinny Brand Jeans' products.
52. QVC took advantage of the skill, expenditure, labor and
innovation of Skinny Brand Jeans and copied Skinny Brand Jeans' slimming
fabrication and wash pattern and put it them on its own in-house branded
jeans, in turn causing likelihood of consumer confusion.
53. QVC capitalized on the investment of t ime, money and resources
of Skinny Brand Jeans. Skinny Brand Jeans has been injured by loss of
royalties that it would have received if the QVC-branded jeans had been sold
as Skinny Brand Jeans' products.
54. QVC's customers associated the stomach restraining panel and
slimming wash pattern with Skinny Brand Jeans, as Skinny Brand Jeans was
the first user of these features in QVC's advertising of Skinny Brand Jeans'
products. QVC's conduct amounted to unfair competition under common
law andfor § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
55. Skinny Brand Jeans and Hart have suffered damages through the
loss of sales due to confusion of customers, the loss of royalties they would
have received if the jeans sold were the SkinnyJeans2® brand, and through
degradation and dilution of their brand, by virtue of QVC's misappropriation
of Plaintiffs' copyright VA-2-050-783, Slimming Denim Fabrication, and
15
Plaintiffs' copyright for Slimming Wash Pattern (VA0002056365 1 2016-04-
26).
56. Additionally, Skinny Brand Jeans and Hart are entitled to all
available damages under 15 U.S.C. § 1117 and common law, including
QVC's profits, the value of the lost sales by Skinny Brand Jeans, and costs of
this action. Further, under the circumstances of this case, if the Court
agrees, Skinny Brand Jeans should be entitled to treble damages and, due to
the exceptional nature of this case, its attorney's fees, as well.
COUNTIV:COPYRIGHTINFRINGEMENT
(Skinny Brand Jeans and Hart v. QVC)
58. Hart and Skinny Brand Jeans are the sequential owners of a
valid copyright on its original and innovative slimming denim fabrication
technique of a stomach restraining panel (Registration No. VA 2-050-783),
obtained on May 19, 2016, but also effective as soon as the jeans were
manufactured.
59. QVC stole the constituent elements of the copyrighted stomach
shaping panel and used it on its in-house QVC Denim & Co. branded jeans.
60. QVC has infringed Plaintiffs' registered copyright on its original
and innovative slimming denim fabrication technique of a stomach
16
restraining panel (Registration No. VA 2-050-783) in violation of§§ 106 and
501 of the Copyright Act, 17 U.S.C. §§ 106 and 501.
61. QVC's acts of infringement were willful, intentional and
purposeful, in disregard of and with indifference to Plaintiffs' rights.
62. As a direct and proximate result of QVC's infringement, Plaintiffs
are entitled to damages under 17 U.S.C. § 504, in an amount to be proven
at trial, including but not limited to Plaintiffs' actual damages and QVC's
profits, or, at Plaintiffs' election, statutory damages, with such increases for
willfulness as the Court deems appropriate.
63. Plaintiffs are further entitled to their reasonable attorney's fees
and full costs pursuant to 17 U.S.C. § 505, and otherwise according to law.
COUNT V: BREACH OF LICENSE AGREEMENT
65. QVC agreed under the License Agreement (Exh. A) to use Skinny
Brand Jeans' trade dress, copyrights, designs and other intellectual property
on Skinny Brand Jeans' products, specifically SkinnyJeans2®.
66. QVC breached the License Agreement by copying Skinny Brand
Jeans' slimming stomach panel fabrication and slimming wash pattern and
using them on its in-house G.I.L.I.™ and Denim & Co. branded jeans.
17
67. Skinny Brand Jeans has suffered damages in the amount of the
revenue received by QVC in the sale of the QVC branded products which
unlawfully used Skinny Brand Jeans' designs, copyrights, trade dress and
other intellectual property.
COUNT VI: BREACH OF FIDUCIARY DUTY
(Skinny Brand leans v. QVCl
69. By virtue of the License Agreement (Exh. A), the contracting
parties had a fiduciary duty of loyalty, care and candor toward each other.
70. QVC breached its fiduciary duty toward Skinny Brand Jeans by
stealing the fabrication techniques of the stomach shaper panel and
slimming wash pattern that were designed for Skinny Brand Jeans' products,
and using them on its own in-house G.I.L.I.™ and Denim & Co. branded
products.
71. Skinny Brand Jeans has been damaged by this breach of fiduciary
duty by the creation of confusion among customers, loss of royalties on
sales and dilution of brand.
COUNT VII: CHARITABLE MISREPRESENTATION
18
73. QVC requested charitable donations from Skinny Brand Jeans in
the amount of $1500 during a charity luncheon on the day of first airing of
SkinnyJeans2® (i.e., October 6, 2014), and again in an email dated
September 25, 2015, requesting an additional $1500 charitable donation,
offering and promising Skinny Brand Jeans international markets in Italy,
China and Indonesia. In another email dated September 29, 2015, QVC
reiterated its invitation that Skinny Brand Jeans attend the same charity
luncheon that it attended a year earlier, and had donated $1500, and that
QVC would take the SkinnyJeans2® label global.
74. Skinny Brand Jeans gave a $1500 donation both times compelled
by the circumstances to accede to QVC's wishes and to pay into their
charities in order to expand into overseas markets. Skinny Brand Jeans was
thus induced to contribute to QVC's charities based on misrepresentations
that QVC would take the Skinny Brand Jeans brands global, when, in fact,
QVC was misappropriating Plaintjffs' trade dress, copyrights, designs, and
know-how, for the purpose of promoting its own in-house G.I ,L.I.™ and
Denim & Co. jeans to the detriment of Skin ny Brand Jeans.
75. Skinny Brand Jeans has been damaged by the QVC
misrepresentations. Further, the conduct of QVC in making the
misrepresentations about taking Skinny Brand Jeans global was outrageous,
and subjects QVC to punitive damages in the discretion of the
jury.
19
COUNT VIII: BREACH OF CONTRACT
77. QVC offered to take Skinny Brand Jeans into markets in Italy,
China and Indonesia in exchange for two payments of $1500 to the charities
set forth in the September 25, 2015 email as QVC Partners in Giving.
78. Desirous to expand the brand, Skinny Brand Jeans sent two
checks, each for $1500, to QVC charities in order to be promoted into
markets in Italy, China and Indonesia.
79. QVC failed to promote Skinny Brand Jeans and in fact copied
Skinny Brand Jeans' wash pattern and put it on its own in-house G.I.L.I.™
and Denim & Co. branded jeans.
80. Skinny Brand Jeans suffered damages in the amount of income
that would and could be generated in the markets in Italy, China and
Indonesia, on account of QVC's failure to perform the global marketing that
was promised.
JURY DEMAND
81. Plaintiffs Skinny Brand Jeans and Hart demand a jury for all issues
triable to a jury.
WHEREFORE, Plaintiffs Skinny Brand Jeans and Hart demand judgment
in their favor and against QVC, and an award of suitable damages as
20
outlined above, including but not limited to the value of their lost sales,
QVC's profits, statutory damages, treble damages, punitive damages, costs
and expenses, and reasonable attorney's fees.
Respectfully submitted,
Bruce J. Chasan, Esq. (Atty. I. D. 29227)

Law Offices of Bruce J. Chasan, LLC
1500 JFK Boulevard, Suite 312
Philadelphia, PA 19102
215-567-4400
bjchasan@brucechasanlaw.com
Attorney for Plaintiffs Skinny Brand

Jeans, LLC and Catherine Hart
21
Case 2:18-cv-02011-JCJ Document 1-1 Filed 05/14/18 Page 1 of 13
Exhibit "A"
AGREEMENT
THIS AGREEMENT ("Agreement") is entered into as of the 11th day of March, 2014,
by and between QVC, Inc. ("QVC''), a Delaware corporation with its principal place of business
at Studio Park, 1200 Wilson Driv~, West Chester, PA 19380 and Skinny Brand Jeans LLC
(together with all of its subsidiaries and other affiliates, "Company"), a Delaware limited
liability company with its principal place of business at 341 Peruvian Avenue, Palm Beach, FL
33480.
BACKGROUND
A. QVC an <I its affiliates promote, market, sell and distribute (collectively,
"Promote") products throu~h various means and media, inc;luding without lim itation, their
televised shopping programs (the "Programs.,).
B. QVC desires to have manufactured and to Promote apparel that is designed,

marketed, promoted and/or sold by Company bearing, marketed in connection with or otherwise
associated with the words "Skinny Jean 2" (the "Mark") (all such apparel that is designed,
marketed, promoted and/or sold by Company bearipg, marketed in connection with or otherwise
associated with the "Mark," whether now in existence or developed hereafter, is collectively
referred to hereinafter as the "Products").
C. Company and QVC desire that QVC Promote the Products through certain means
and media, and that Catherine Hart, a representative of Company (or any other mutually agreed
upon spokesperson, hereinafter referred to as the "Spokesperson''), appear on cettain of the
Programs to assist QVC in promoting the Products.
NOW, THEREFORE, incorporating the foregoing background, in consideration of any

royalties Company may receive, and for other good and valuable consideration, the receipt and
sufficiency of which i.s hereby acknowledged, and intending to be legally bound hereby, the
parties hereto agree as follows:
1. Grant of License and Other Rights by Company.
(a) Company grants to QVC and its affiliates during the License Period (as defined
in paragraph 3 below): (i) the exclusive worldwide right to Promote the Products through Direct
Response Television Programs (as defined herein); (ii) the nonexclusive wordwide right to
Promote the Products through means and media, now known or hereafter developed, other than
Direct Response Television Programs; (iii) the right to use, publish, reproduce and transmit the
trademarks, trade names, service marks, trade dress, copyrights, designs, logos and/or other
intellectual property rights owned, used, licensed and/or developed by Company in connection
with the Products, including, without limitation, the Mark (whether now in existence or created
hereafter, collectively, the "IP Rights") to Promote the Products in accordance with the terms
and conditions of this Agreement and the right to sublicense to other~ the aforementioned rights;
and (iv) the sublicensable right to cause the Products to be manufactured by such
manufacturer(s) ("Manufacturer(s)") as QVC may, in its sole discretion, determine. In addition,

Company grants to QVC and its affiliates the nonexclusive right (subject to the provisions of
paragraph 5 below) to use the rights granted in (i), (ii), (iii), and (iv) above during the Sell-Off
Period (as defined in paragraph 3 below).
(b) Spokesperson grants to QVC and its subsidiaries during the License Period
(subject to paragraph 5 below): (i) the exclusive worldwide right to use Spokesperson' s name,
likeness, image, voice and performance (the "Endorsement") to Promote the Products through
Direct Response Television Programs; and (ii) the nonexclusive worldwide right to use the
Endorsement to Promote the Products through all means and media, now known or hereafter
developed, other than Direct Response Television Programs. In addition, Spokesperson grants
to QVC and its subsidiaries the nonex.clusive (subject to the provisions of paragraph 5 below)
right to use the rights granted in this subparagraph (b) during the Sell-Off Period. Hereinafter,
the rights granted to QVC and its subsidiaries pursuant to this paragraph 1 are collectively
referred to as the "License".
(c) QVC and Company will cooperate and work in concert to develop any designs
and samples for the manufacture of the Products, and to resolve either party's disapproval of,
objections to, or concerns with, any designs or samples. For purposes of clarification, as
between Company and QVC, Company shall be solely responsible for oversight with respect to
the quality of the Products and the use of the IP Rights in connection with the manufacture
thereof.
2. Products.
(a) From time to time, QVC may issue to Manufacturer(s) a purchase order (any
such purchase order, as may be issued from time to time, is hereinafter referred to as a
"Purchase Order"). Hereafter, any purchases of Products by QVC shall be made according to
the terms set forth in this Agreement and on any such Purchase Order(s). This paragraph 2,
together with all other terms of each Purchase Order, shall survive the expiration or termination
of this Agreement. Notwithstanding anything to the contrary contained in this Agreement or
otherwise, QVC and its subsidiaries expressly reserve the right to promote products that are in
competition with the Products and make no representations or warranties with respect to (i) the
amount of Products, if any, that may be sold through the Programs, (ii) the number of times, if
any, the Products may be offered for sale on the Programs, or (iii) the amount of revenue, if any,
that may be generated through any sales of Products on the Programs. Notwithstanding
anything to the contrary contained in this Agreement or otherwise, this Agreement does not
obligate QVC or its subsidiaries to purchase any Products from Manufacturer(s) or to Promote
or sell any Products.
(b) Company shall be responsible for all out-of-pocket costs and expenses incurred
by Spokesperson and/or Company in connection with the services performed by Spokesperson
and/or Company under this Agreement.
2
(c) During the License Period and the Sell-Off Period (as those terms are defmed
below) of this Agreement, QVC shall pay the Company, and the Company shall accept ~s its
sole compensation for the rights granted and services provided hereunder, a royalty (the
"Royalty") of ten percent (10%) of Net Retail Sales (as defined herein). For further
clarification, for Products which are returned to Manufacturers by QVC, QVC shall have no
obligation to pay Company any Royalties hereunder. In addition, notwithstanding anything
contained herein to the c;ontrary, QVC shall have no obligation to pay Company any Royalties
hereqoder for Products sold by QVC at or below the cost paid by QVC to Manufacturer(s) of
those Products.
(d) During the License Period of the Agreement, within forty-five (45) days after the
end of each calendar quarter, QVC will seno to Compa,ny a statement covering sales of Products in
such quarter and Royalties for sales of such Products, and will pay Company any Royalties that are
due. Each statement shall become binding on Company and Company shall, absent fraqd on the
part of QVC, neither have nor make any claim against QVC with respect to such statement, unless
Company shall advise QVC, in writing, of the specific basis of such claim within one (1) year after
the date Company receives such statement. Company may, not more than once during any
calendar year, but only once with respect to any statement rendered hereunder, audit QVC's books
and records related to the Products for the purpose of determining the accuracy of QVC's
statements to Company. If Company wishes to perform any such audit, Company will be required
to notify QVC at least thirty (30) days before the date when Company plans to commence such
audit. Company shall not be entitled to examine any records that do not report sales of Products.
All audits shall be made during regular business hours upon reasonable notice, and shall be
conducted on Company's behalf by an independent Certified Public Accountant or other
professional representative. Each examination shall be made at Company's own expense at
QVC's regular place of business where the books and records are maintained; provided, however,
that if any such audit reveals an underpa)'lTient of Royalties of greater than ten percent (10%),
QVC shall pay all such past due amounts plus reasonable expenses of Company's audit including
reasonable professional fees.
3. License Period; Term .
(a) Generally. The initial license period (the ~'Initial License Period") shall commence
on the date of this Agreement and shall expire at the earlier of (i) thirty (3 0) months after the date
of this Agreement or (ii) two (2) years after the date on which any Product first airs on any
Program after the date of this Agreement. Upon expiration of the Initial License Period, the
License shall continually renew for additional two-year periods (each, a "Renewal License
Period," and the Initial License Period and all Renewal License Periods being collectively referred
to herein. as the "License Period") in perpetuity, unkss (i) either party notifies the other party in
writing, at least thirty (30) days prior to the end of the Initial License Period or any Renewal
License Period, as the case may be, of its intent to terminate this Agreement, and (ii) Net Retail
Sales (as defined in paragraph 3(d) below) ofProducts during the Initial License Period or such
Renewal License Period are less than the Minimum Amount (as defined in paragraph 3(e) below).
The Term of this Agreement shall be as defmed in paragraph 5 ofth~s Agreement.
3
(b) Right to Attain Minimum Amount. Notwithstanding anything to the contrary

contained in paragraph 3(a) hereof, if Company gives QVC timely notice of its intent to
terminate the Agreement due to insufficient Net Retail Sales for the Initial License Period or
then-current Renewal Lic;ense Period, as the case may be, then QVC may satisfy such shortfall
by purchasing or issuing purchase order(s) to Manufacturer(s) for Products in quantities which,
if sold during such period and added to existing Net Retail Sales for such period, would yield
Net Retail Sales equaling or exceeding the Minimum Amount for such period. In such case,
such notice of termination sh~ll be deemed rescinded, and the Agreement shall renew for
another Renewal License Period. Net Retail Sales derived from Products ordered pursuant to
such right to attain minimum amount shall not be counted toward the Minimum Amount
applicable to the next succeeding Renewal License Period.
(c) Failure to Achieve Minimum Amount. If Company gives QVC timely notice of
its intent to terminate the Agreement due to insufficient Net Retail Sales for the Initial License
Period or then-current Renewal License Period, as the case may be, and QVC fails to exercise
its right to attain minimum amount under pwagraph 3(b) hereof, then the exclusive rights of
QVC under the License shall terminate at the conclusion of such License Period, whereupon
QVC may continue to exercise the License rights, including the Endorsement, on a nonexclusive
basis (subject to the provisions of paragraph 5 below) for as long as necessary, including after
expiration or termination of the License Period to Promote the Products through any means and
media (i) to sell off any of its remaining inventory of Products, (ii) to place additional orders
with Manufacturers for Products to fulfill any remaining unfilled customer orders for Products,
and (iii) to have such additional orders fulfilled by Manufacturer(s) (the "Sell-Off Period"),
Failure of QVC to achieve the Minimum Amount in the Initial License Period or any Renewal
License Period shall not constitute a breach ofthis Agreement.
(d) Net Retail Sales. For purposes ofthis Agreement, "Net Retail Sales" shall mean
the aggregate amount of all revenue generated through the sale of Products by QVC and its
affiliates during the applicable Initial License Period or Renewal License Period, as the case
may be, excluding freight, shipping and handling charges, customer returns, and sales, use or
other taxes.
(e) Minimum Amount. For purposes of this Agreement, "Minimum Amount" shall
mean Two Million Dollars ($2,000,000.00) in the Initial License Period, and for each
succeeding Renewal License Period, one hundred and five percent (105%) of the Minimum
Amount applicable to the immediately preceding Initial License Period or Renewal License
Period, as the case may be,
4. Appearances.
(a) If requested by QVC, Spokesperson shall make at least five (5) Appearances on
the Programs during each year during the License Period of this Agreement to Promote the
4
Products. For purposes of this Agreement, an "Appearance" shall mean a one (1) to three (3)
day period during which the Products may be offered for sale on certain of the Programs. The
Spokesperson agrees to appear in promotional announcements featuring the Programs, at dates
and times determined by QVC, subject to Spokesperson's reasonable availability. Unless
otherwise determined by QVC, all Appearances and promotional announcements shall take
place at QVC's studios in West Chester, Pennsylvania. Any costs and expenses of the
Spokesperson that may arise in connection with all Appearances and promotional
announcements, including without limitation, travel, lodging and food, shall be borne by
Company. QVC makes no representation$ or warranties with respect to the number of
Appearances, if any, that it may request the Spokesperson to make. Company and QVC may
mutually agree to replace any Spokespyrson at any time during the License Period of this
Agreement. In the event of the death or disability of the Spokesperson, or the failure of the
Spokesperson to make an Appearance required pursuant to this Agreement for any other reason,
Company shall use its best efforts to provide an alternative Spokesperson satisfactory to QVC.
(b) Company shall protect, defend, hold harmless and indemnifY QVC and its
affiliates, employees, agents, officers and directors, from and against any and all claims, actions,
suits, costs, liabilities, damages and expenses (including, without limitation, all attorney' s fees
and court costs) arising out of or related to any acts or omissions of Company or Spokesperson
in connection with the Appearances, which obligation shall survive the expiration or termination
ofthis Agreement.
(c) In consideration of the license rights ~ranted in 1(b) and services rendered
pursuant to 4(a) hereof, Spokesperson shall be compensated by Comp<my. Spokesperson
acknowledges and agrees that such compensation shall be sufficient consideration for the
aforementioned grant of license.
5. Non-<;::ompete. Except as contemplated hereunder and without the prior written consent
of QVC, neither Company nor Spokesperson shall, during the License Period of this Agreement
and the one-year period thereafter (collectively, the "Term"), promote, advertise, endorse or sell
(or otherwise cause a third party to promote, advertise, endorse or sell) any goods, services or
products, including witho"Qt limitation, the Products, anywhere in the world through Direct
Response Television Programs. As used herein, ' 1Direct Response Television Programs'' shall
mean any televised program which requests a consumer to respond to any promotion of any
product or service by mail, telephope, internet or other electronic means, which program: (A) is
live, contains an intermittent or continuous call to action and devotes at least twenty percent
(20%) of its programming time to the promotion of products or services or (B) is otherwise in
the style or format of a televised retailing program, such as the Programs. In addition to the
foregoing, Company shall not broadcast, or cause to be bro(ldcast, any Infomercial with respect
to any goods, services or products including~ without limitation, the Products, through any entity
that is, or is affiliated with, a Direct Competitor. As used herein, "Infomercial" shall mean a
pre-recorded television program intended or designed to be aired multiple times on one or more
than one channel, through which a consumer is requested to purchase any product or service by
mail, telephone, internet or other electronic means. As used herein, the term "Direct
5
Competitor" shall mean any entity other than QVC whose primary means of deriving revenue is
the transmission of Direct Response Television Programs, including without limitation, Home
Shopping Network, ShopHQ, and Jewelry Television.
6. Representations, Warranties and Covenants.
(a) Company represents, warrants and covenants, which representations, warranties

and covenants shall continue during the Term of this Agreement and shall survive the expiration
or termination of this Agreement, that: (i) it possesses the full power and exclusive right to grant
the License to QVC; (ii) the execution, delivery and performance of this Agreement by
Company does not violate any agreement, instrument, judgment, order or award of any court or
arbitrator or any law, rule or regulation; (iii) the IP rights shall comply with all foreign, federal,
state, county, municipal or other statutes, laws, orders and regulations of any governmental or
quasi-governmental entity; (iv) QVC's use of the License, and QVC's Promotion of the
Products as permitted hereunder, will not infringe or otherwise violate the copyrights,
trademarks, or other proprietary rights of third parties or constitute unfair competition; (v) all
claims concerning the Products made by Company are, and will be, true and correct at the time
such claims are made, and supported by data which complies with applicable law; and (vi)
except as contemplated hereunder, there exist no agreements, or other arrangements, for
Company to endorse, promote, advertise, or sell any Products anywhere in the world through
Direct Response Television Programs. Company shall provide QVC with any and all
documents reasonably required or requested by QVC at any time and from time to time to
support the representations and warranties herein contained. Company shall cause any
Spokesperson to agree to the provisions set forth in paragraphs 1(b), 2(b), 3, 4, 5, 6(b), 7, 9, and
10 of this Agreement.
(b) Spokesperson represents, warrants and covenants, which representations,

warranties and covenants shall continue during the Term of this Agreement and shall survive the
expiration or termination of this Agreement, that: (i) Spokesperson possesses the full power and
exclusive right to grant the Endorsement to QVC; (ii) the execution, delivery and performance
of this Agreement does not violate any agreement, instrument, judgment, order or award of any
court or arbitrator or any law, rule or regulation; (iii) QVC's use of the Endorsement, and
QVC's Promotion of the Products as permitted hereunder, will not infringe or otherwise violate
the copyrights, trademarks or other proprietary rights of third parties or constitute unfair
competition; (iv) all claims concerning the Products made by Spokesperson are, and will be, true
and correct at the time such claims are made, and supported by data which complies with
applicable law; and (v) except as contemplated hereunder, there exist no agreements, or other
arrangements, for Spokesperson to endorse, promote, advertise, or sell any Products anywhere in
the world through Direct Response Television Programs. Spokesperson shall provide QVC with
any and all documents reasonably required or requested by QVC at any time and from time to
time to support the representations and warranties herein contained.
6
7. Confidentiality.
(a) Company and the Spokesperson each acknowledge and agree that any and all
information regarding QVC or its operations disclosed to them in conjunction with this
Agreement, and any information regarding the sale and promotion of Products and/or products
by QVC, will be treated as confidential information and will not be disclosed to any third party
at any time during the Term of this Agreement, and thereafter. Company and the Spokesperson
further agree that any such information will not be used for any purposes by Company or any
Spokesperson other than for purposes contemplated by this Agreement. Confidential
information shall not be deemed to include information which (a) is public knowledge or
becomes generally available to the public other than as a result of disclosure by Company or the
Spokesperson; (b) becomes available to Company or the Spokesperson, on a non confidential
basis, from a source (other than QVC or its agents) who is not bound by a confidentiality
agreement with QVC; or (c) is in the possession of Company or the Spokesperson prior to
disclosure by QVC, provided that the source was not bound by a confidentiality agreement with
QVC. Company and the Spokesperson each agree that in the event of a breach or threatened
breach of the terms of this paragraph 7 and/or the provisions of paragraph 5, QVC shall be
entitled to seek from any court of competent jurisdiction, preliminary and permanent injunctive
relief which remedy shall be cumulative and in addition to any other rights and remedies to
which QVC may be entitled. Company and the Spokesperson each acknowledge and agree that
the confidential information and other information referred to in this paragraph 7 and the
prohibitions provided in paragraph 5 above, are valuable and unique and that such breach of
such provisions will result in immediate irreparable injury to QVC. The rights and obligations
of the parties set forth in this paragraph 7 shall survive and continue after the termination or
expiration of this Agreement.
(b) QVC acknowledges and agrees that tangible, written, information regarding
Company that is (i) sent to, and only to, the attention of QVC' s General Counsel at the address
set forth above and (ii) clearly marked "CONFIDENTIAL," will be treated as confidential
information of Company ("Company Confidential Information") shall not be disclosed by QVC
to any third party (which shall not include any of QVC's affiliates) at any time during the Term
of this Agreement, and thereafter Company Confidential Information shall not be deemed to
include information which (a) is public knowledge or is available to the public other than as a
result of disclosure by QVC; (b) becomes available to QVC, on a nonconfidential basis, from a
source (other than Company or its agents) who is not bound by a confidentiality agreement with
Company; (c) is in the possession of QVC prior to disclosure by Company, provided that the
source was not bound by a confidentiality agreement with Company; or (d) is required to be
disclosed by QVC or any of its affiliates pursuant to a subpoena or other governmental process.
Notwithstanding the foregoing, QVC and/or its affiliates may disclose Company Confidential
Information to QVC's attorneys, accountants and other professional advisors provided that such
individuals have been advised to maintain the confidentiality of such information pursuant to
this Agreement or are bound by law or codes of professional conduct to keep such matters
confidential.
7
(c) The rights and obligations ofthe parties set forth in this paragraph 7 shall survive
and continue after the termination or expiration of this Agreement.
8. Indemnification.
(a) Company hereby agrees to protect, defend, hold harmless and indemnify QVC,
its subsidiaries and affiliates, and each oftheir respective employees, agents, officers, directors,
successors and assigns from and against any and all claims, actions, suits, costs, liabilities,
damages and expenses (including, but not limited to, reasonable attorneys' fees) based upon or
resulting from any breach or alleged breach by Company or Spokesperson of any term or
condition of this Agreement or any representation or warranty set forth herein, including without
limitation any claim by any third party that such party owns or has a license or other proprietary
interest in any IP Rights, or that QVC's use of any IP Rights as contemplated by this Agreement
constitutes unfair competition or infringes or otherwise violates the copyright, trademark or
other proprietary rights of third parties. QVC shall give Company prompt written notice of any
such action or claim, and Company shall then take such action as it deems advisable to defend
such claim or action on behalf of QVC. In the event that appropriate action is not taken by
Company within five (5) days of Company's receipt of notice from QVC, QVC shall have the
right to defend such action or claim in its own name. In such event, Company shall be solely
responsible for the payment or reimbursement, at QVC's option, of counsel fees and all other
fees and costs incurred in defending such action, for any and all damages arising thereunder, and
for any and all amounts paid by QVC in settlement thereof.
(b) QVC hereby agrees to protect, defend, hold harmless and indemnify Company
and its affiliates, employees, agents, officers and directors, from and against any and all third-
party claims, actions, and suits, and all associated costs, liabilities, damages and expenses
(including, without limitation, all reasonable attorneys' fees and court costs) in connection with
the Appearances (i) arising out of or related to any false claim(s) or allegations of false claim(s)
made by QVC regarding the Products, provided that (a) neither Company nor Spokesperson
furnished such claim(s) or material supporting such claim(s) to QVC or (b) that the false
claim(s) made by QVC was/were not merely a reiteration or amplification of any statement(s)
made by the Spokesperson, and (ii) to the extent caused by the negligence or willful misconduct
of QVC with respect to the Products. QVC's obligation is expressly conditioned upon the
following: (i) Company shall notify QVC in writing, in accordance with paragraph 1O(e) of this
Agreement, within ten (1 0) days of receipt; (ii) Company shall cooperate with QVC in a
reasonable way to facilitate the settlement or defense of such claim or suit; and (iii) no element
of, or basis for, the claim or suit is premised on any wrongful or allegations of any wrongful act
or omission of Company or Spokesperson.
9. Publicity. Except for incidental non-derogatory remarks necessitated by the services

provided hereunder, neither Company nor the Spokesperson shall issue any publicity or press
release regarding their contractual relations with QVC or otherwise make any oral or written
reference to QVC regarding their activities hereunder, without obtaining QVC's prior written
consent, and approval of the contents thereof. Neither Company nor the Spokesperson shall
8
utilize any trade name, service mark, trademark, or copyright belonging to QVC without the
prior written consent ofQVC.
10. Miscellaneous.
(a) Amendment. This Agreement may not be varied, amended, or modified unless in
writing signed by an individual holding the title of Vice President or higher of each of the
parties hereto.
(b) No Assignment. This Agreement and the rights and obligations hereunder are
not assignable by Company or Spokesperson and any such assignment shall be null and void.
(c) License of Intellec~al P~operty, The Company acknowledges and agrees that
this Agreement shall constitute an executory contract within the meaning and scope of Section
365 of the United States Bankruptcy Code, 11 U.S.C. § 365, under which the Company is a
licensor of Intellectual Property (as defined below), and as to which QVC shall have the right to
make an election under Section 365(n) of the United States Bankruptcy Code, 11 U.S.C. §
365(n). For purposes of this Agreement, the rights granted to QVC hereunder shall be deemed
to constitute "Intellectual Property" for purposes of Section 365(n) of the United States
Bankruptcy Code, 11 U.S.C. § 365(n), and as used therein, notwithstanding any limitation or
defmition to the contrary in the United States Bankruptcy Code, 11 U.S.C. § 101, et seq.,
including, but not limited to, provisions of Section l01(35A) of the United States Bankruptcy
Code, 11 U.S.C. § 101(35A).
(d) Governing Law. This Agreement shall be construed according to the internal
laws of the Commonwealth ofPennsylvania without regard to conflict oflaws principles. Each
of QVC, Company and the Spokesperson hereby consents to the exclusive jurisdiction of the
state courts of the Commonw~alth of Pennsylvania, Chester County, and the United States
District Court for the Eastern District of Pennsylvania, in all matters arising out of this
Agreement. Each of Company and the Spokesperson consents to service of process by certified
mail, return receipt requested, at the address indicated in the opening paragraph hereof.
(e) Notices. All notices provided for hereunder shall be sent via certified mail,
return receipt requested, or by reputable overnight carrier, to the addresses indicated in the
opening paragraph hereof. All notices sent to QVC shall be sent to the attention of President,
U.S. Commerce, and Senior Vice President, General Counsel.
(f) Entire Agreement. This Agreement supersedes all prior communications

between the parties regarding the subject matter hereof, whether oral or written, and constitutes
the entire understanding of the parties.
(g) Remedies and Waiver. No delay or failure on the part of any party hereto in
exercising any right or remedy under this Agreement, and no partial or single exercise thereof,
shall constitute a waiver of such right or remedy or of any other right or remedy. The rights and
9
remedies provided in this Agreement shall be in addition to, and not in lieu of, any rights and
remedies provided under applicable law.
(h) Severability. If any term or condition of this Agreement or the application

thereof shall be illegal, invalid or unenforceable, all other provisions hereof shall continue in
full force and effect as if the illegal, invalid or unenforceable provision were not a part hereof.
The headings used in this Agreement are for the convenience of the parties only and shall not be
construed in the interpretation of any provisions of this Agreement.
(i) No Joint Venture. Nothing herein contained shall be construed to place the
parties in the relationship of partners or joint venturers, and none of the parties hereto shall have
the power to obligate or bind the others in any manner whatsoever. Each of the parties hereto
agrees that in performing its duties under this Agreement it shall be in the position of
independent contractors.
(j) Counterparts. This Agreement may be executed in one or more counterparts,

each of which shall be deemed to be an original, and all of which together shall constitute one
and the same Agreement. This Agreement may be executed and delivered via electronic
transmission with the same force and effect as if it were executed and delivered by the parties
simultaneously in the presence of one another.
(k) Interpretation and Construction. This Agreement has been fully and freely
negotiated by the parties hereto, shall be considered as having been drafted jointly by the parties
hereto, and shall be interpreted and construed as if so drafted1 without construction in favor of or
against any party on account of its participation in the drafting hereof.
(1) Further Assurances. Company shall cooperate with QVC from time to time as
requested by QVC to effectuate the purposes of this Agreement, including QVC's requests for
information regarding the safety of any of the Products.
(CONTINUED NEXT PAGE)
10
(m) Survival. The provisions of paragraphs 2, 5, 6, 7, 8, 9, and 10 (d), (e), (g), (1), and (m)
shall survive the expiration or termination of this Agreement.
IN WI1NESS WHEREOF, and intending to be legally bound hereby, the parties execute
this Agreement by their duly authorized representatives as set forth below.
QVC,INC. SKINNY BRAND JEANS LLC
By: By:
Title: Title:
I, Catherine Hart, hereby acknowledge the terms and conditions set forth in the above
Agreement, and, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, and intending to be legally bound hereby, agree to pe personally bound
by the provisions set forth in paragraphs l(b), 2(b), 3 4, 5, 6(b), 7, 9, and 10 of the above
Agreement.
Date:
Catherine Hart
155380.10
11
(m) Survival. The provisions of paragraphs 2, 5, 6, 7, 8, 9, and 10 (d), (e);

shall survive the expiration or termination of thiS Agreement.
QVC,INC.
Exhibit "B"
51812018 WebVoyage Record VIew 1
Publi4: Catalog
Copyright Catalog (1978 to present)
Search Request: Left A1lchored Copyright Number== VA0002056365
Search Results: Displaying 1 of 1 entries
SLIMMING WABH PATTERN ON DENIM.
Type of Work: Visual Material

llellstratlon Number I Date: VA0002056365/2016--04·26
AppUcation Title: SL!MM!NO WASH PATTERN ON DENIM.
Title: SLIMMING WASH PATI'El\N ON DENIM.
De$f:ripdon: Electronic file (eServiee)
Copyright Cla.irnant: CATHERlNB RANDALL HART, 1952- . Address: 26 EAST 63RD ST, NEW
YORK~ NY, 10065,
Date of Creation; 2005
Date of PubUeatlon: 2005-04..25
Nadon of First PubUeatio ; United States
Authonblp on Appllc:a on~ CATHRRINB RANDALL HART, 1952.. ; Citizenship; United States, Authorship: 2..
D artwork.
Rlgbts ancl Per~nissions: CATHERINJ:i H.A.RT, 26 EAST 63RD ST, NEW YO:a.K. NY, 10065, United States,
(917) 601-6002, hs.rt@sk.innyjeans.com
Copyright Note: Basis for Registr!ltion: Drawing; no copyright or registration for the useful article
depicted in the drawing,
Names: !iABI, CATHERI!Sf: UNOALI .•~
Sav~ Print ind Email auiili2e.)

Select Download Fc;mnat L~~~~ ~!~rd -~J t·Fonnat for Print/~ I
Enter your email address: · 'I Emallj
-
Conta.vt U& I Begyest Cg~ I Ota ll S;ar,ch B_atim&~ I ~Y. Aske.d. Q\&estions (EA.Qs))lhaut C,opYJ"lgbl I
,C,cmy.{igbt Qftice Homs: fj)g' I L.i1uJIY. of C®Sll'!i• Home E1g;.
hUpt:I/~CJ~Qg.loc.gov/cgl-bi~.qa!?Seaf'd\.AI't:NA000205e30S&S.Srch_COdPFti!GSJ,PIO=wl<alcDldoztl'nlazC»JI,.7o:$1'1n1\'9&$~~201$050eQN!
Exhibit "C"
: .,
·.· " '
•'
·. . -:.
' '
' '
IIIIII 1111111111111111111111111111111111111111111111111111111111111
USOOD809248S . .
<t2) United States Design Patent oo> P;ttent NQ.: US D809,Z48 S

Hart (45) Date of Patent: ** Feb. 6, 2018
(54) JEANS D764.!48 s • 8/~0!6 Shaw .... .. ....................... 02/85'7

0764.755 s ~
8/2016 U1b:m ............................ 021742
D'/68,;)59 S ,. llll2016 Lag<> ..............,...... ...... ... l?Z/742
(71) Applicant: Catherine Hart, New Yorl{, NY (US)
(Contim•ed)
(72) Inventor: Catherine Hart, New York, NY (US) Primary Exominer - Robin V Wcbstc.r
A$sistant Examiner - James C 11lom, Sr.
15 Yean
(57) CLAI:JV(
(21) Appl. No.: 29/560,388
1 claim the ornamcnt!ll design for .jean, as snowu and
(22) Filed: May Hi, 2016 ck>scrihed.
(51) LOC (11) Cl. .. ...... ,... ......... ... ..... .................. 02·02 DESCRIPTION
(52) u.s. CJ.
\JSl>(; '' ' - '" ' "' · ! ~l'' 'll•t • l • 1• • uu ou \! l t> • • u 1Hlt l• ! • l • to1!1 1 1)2/74~ F.JG. 1 is ~front view of jeans showing my new design; and,
(58) Field of Clllssificptl(m Search PIG. Z is a huck view lhereof,
USPC .. .,., .. 021744, 713, 79, ~3, 93, 70, 227, lOl.i, Tho brok¢u liMs shown in rbc <lrowiJlgs ore included for the
02/324, 857, 115, 69, 234; 450/ll purpose Clf illustrating ·nvirol:)lllClttal stl'ucture an,d form .no
CPC ........ A41D 1/067; A41D 1108; A41I) 15/002; part oftlle claimed design.
The feature~ of the claimed design aro a slimnling wash
A41D 15/005; A41C 1/06
See application file for complete search ltistory. pattern on the front and back of denjmjeans which consists
of a lighter value in the middle of the front and back of the
(56) ~efcrci)~C!' CJtcd li.!il,S <til the wpy down to the hem while leaving tho dal'ker
bo kgl'oumi olor ~111 the inside and outside of the legs on the
U.S. PA:rBNT DOCUMENTS fr()nt and back qf th~ )ei&s all th~: w:1y down to the 4em. Th~
lil5ht and dark areas of the wash pattern create a slinuuiug
D2$8,170 $l "' 2/ l')lO UcinUing ,.. ,.. ................. 0 2n42 v1sual effect. 11w c!Qi!ltcd design inclu.d~s a srmdl whisker
D261,:}2.l . .. 10/ 1981 H~inllins ..... ,..... ,...... ,.... 02174~
pattern which is placed ahov~ th~ natural leg break aud is
D261 ,44 5 s "' 10/ 1981 Hoiufling ........ .. ............. D2174~
D278 379 S .. 4/ 1985 Helntlins ... .. .. ........... ... !)Z/742 ntll'J'Ower in width lh<tn t\ natural whi~ ·Cfllattciu: this cre?teti
rmbo9 s • 1/2007' O ipiettw ·,.: .;..... :.. ;... 4'JD 1.7/02 · visu&l clfec~ of' Jmrtowcr hips and longer legs.
02/742 Jeans normally have wash patterns which deliberately rec-
0593';283 S · •
0599,976 S •
6/2009 Lorenzi .... ..........,.... ,.,... : D2/857
912009 Bardc.u .... ..... ,.. ,.,.... ,...... D2/742
reate a worn look based on natUral wear patterns-- creases at
th.e leg bl-eak, worp. .front. thigh area to below the knee and
D600,88Z S * W2009 . Jolwson, Jr. ................. ,. . J);)t742
D666,788 S • 9/f012 Hines .......... ................... D:!/742 worn buttoc].;s area ;md upper bock tl1igh area. However, the
0666,789. S • 9/2012.. Hines ....... ,. ...,... , ...., ...... J)2/742 s;Ja.imed de;;ign takes advantage of the light and dark values
0686,800 S ~ 712013 Kelly , .... , ................. ,... , 021742 created naturally by the abrading of denim through w~r but
0703,924 s . ' .5/2014 ChioMa .. ...................... 02/857 uses the contrastto '-'reate a n~w shape and placement of the
D7IO,o69 s • &120!4 G1·ouo ............................ mn42
D731 ,154 S ' .(t/2015 .Shaw .... ,.... , ......... .......... 1)2/853 wash patt~rn in order to create a total visual illusion of
D735 ,973 . S . "' .. 8120TS H!>d.is ..... :.... :.. :, ............. D2/857 . slimmer ai1d longer legs .aud ·nairo~·er hips > · ·· · ·
0750,347 s • 3/20J6 aoylc ...................,........ D21742
D7ss;<>9S . s .. ·&zor6 r..asa ..:.:.... ::.::::.::: ....:..... D2f742
. .r"r-n .. .,-:.rrt .. .,r\ .

/,:1!-~j.L-f~i\%-\
... ILk! ..
~ ·p~ , ·
~ / · ·· -~
I • I
'" l
I
'1 I o
l
I
1
I I
·· 1 , .. , . :
I t ' l
II II '1 I1
t ! '\. ~
! } \ l
. I· f 1 i
II I1 I1 I'
...... , . '· .o. ··I
I' l
I
\
I
:I
> I I
0 ' I1
I I
'0' ''I ''0

I ' 0
I ' I
I I •
: I I
I 'I '
1'
I I
J t :
: ! : !
,I ____ ,J1 1, ____ .. ,I
US D809,248 S
Page 2
(56) Reference' Cited

U.S. PATENT DOCUMENTS
0770,728 S • 1112016 Jaklinski ........................ D2/742
2010/0136882 AI• 6/;!0 10 Malish .............. ,... ,., A41C !106
450ill
2014100.26287 AI• 112014 Cli.aton-Star.ks ..... A410 15/005
'}.169
2015/0313302 AJ* 1112015 Boyle .. .................. A41D 27/28
2i228
• citf:4 by exall;liuer
.. .. .. .. ... "'
........... , ............ ''''"" ........ .
U.S. Patent
Feb.6,2018
US D809,248 S
~~--rr:~) ------------- -----~-------------·-----------~

11
~ ~.,.-----------•. 1
1
Il
~.;""..:--21I/--' ~- -·------ -------------------
1: J >----~-
II,,
-------------
1 '
:i ~e,,
l_1
1
,
1..r- .l.';,
.f IJ
II
1.!:~
II
\\
})
.::!/1/
-
-------.---------"""----
~--------,
· 11 ...
I
' '- - . . I
------~-- ------ ---- . ~: . .
---------~--------------~-----~
··············· ···········
························
········~·-· :__ .:. · ____ ------ --·-·:. . ___·::.._·__ -- _:..;-.;;-.;; -~ ·~ ·;_.;;. -·-_,,_.:. . .;.·----""·. . ·-rr·
_ f£}~o~ · -~~-----
__________________________.j
~ ~,-----~---~
f-:.,..jT--"1!"'-., ---
-~~
F=f~~ · n~ .................... -·-,--. . .· :. .:.:.· -..:.-:~_.:._, _______________ ~~~--- ·
I I ----
" l.i:··
1=:::;:»1 \ u~ . . . . . .. . . . .. . . . . . . . . .. . . .,.
'"--':o::.1 : : : ::: .•: : : : : :]
-------------- ------ ----~--~----~~-~~-----~~-~
JS 44 (Rev. 0~117)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the infQrmution contained herein neither replace nor supplement the filing and service ofplead in~;s or other papers as required by law, except as
provided by local rules ofcoun. TWs form, approved by the J!tdicial Conference of the United States in Septeml;ler 1974, is requtred for the use of the Clerk ofCoun for the
purposg of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT I'AGE OF THIS FORM.)
I. (a) PLAINTIFFS S.kinny Brand Jeans, LLC and Catherine Hart DEFENDANTS ave. Inc.
(b) County of Re~ idence of First Listed Plaintiff New York, New York County of Resldence of First Listed Defendant Chester Co. , PA
(EXCEPT IN U.S. PLAINTIFF (.'ASES) (IN U.S. PLAINTifF CASES ONLY)
l'JOTE: IN LA)'ID CONDEMNATION CASES, USE THE LOCATiON OF
THE T RACT OF LA D IN VOLVED.
(C) B J Ch E
AttpJueys (Firm Name. Addre.<.<, and Te/ephmw Number) Attomeys (If Kno wn)
ruce . asan , .SQ .,
L~w Offices of Bruce J. Chasan, LLC, 1500 JFK Boulevard, Suite 312,
Philadelphia, PA 19102 (tel. 215-567-4400)
H. BASIS OF JURISDICTION (Piac; an "X " in o;,. B~x o;ly) ITf. CITIZENSHiP OF PRJNCIPAL PARTIES.(Place ~n ,;X" in 011e BP.<}or Plaintiff
(For TJiwrsily Cases Only) cmd One Box.for 1Jej enda>11)
n I U .S. Government ~ 3 Fc:dcral Qu•stion PTF DEF P'JF DEt'
Plaintiff (US. Gnve,.nment Nor a /'arty) Citizen ofThis State 0 I 0 I Incorporated n,. Principal Place 0 4 0 4
of l3usinc"' Tn This State
0 2 U .S. Government 0 4 Diversity Citizen of Another State 0 2 0 2 Incorporate:.! and Principal Place 0 5 0 5
j)efendant (Indicate G~tize11ship o!Pan•'•s ;n1tem 11() ofiiusiness In Another State
Citizen or Subjeqt of a 0 3 0 foreign l'!ation 0 6 0 6

Forti m Coun
IV. NATURE OF SUIT (P/ae~ a11 "X " in One Box O~ly) Click here for: Nature of Suit Code Descri Jtions.
''' .,. <,,.;;; BANI. 1-·" rHEit81;AT! rES'
- ;.., L"UK1CS ;; ",, .(l
0 11 0 lnsu.rancc PERSONAL TNJURY PE RSONAL TNJURY 0 625 Drug Related Se izure 0 422 A.ppcnl2H USC 15& 0 375 False Claims Act
0 120 Marine 0 310 Airplane 0 365 Pcrsonallnjury • ofPropc1ty 2 1 US\C 8 ~ l 0 423 Withdrawal 0 376 Qui Tam (31 USC
0 13P Miller Act 0 315 Airplane Product Product Liapility 0 690 Other 28 USC 157 3729(a))
0 140 Negotiable Instrument Liability 0 367 Health Care/ 0 400 State Reapportionment
0 150 Recovery of Overpayment 0 320 Assault, Libel & Phannacenli cal ' RIClH'fS ·'· 0 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 0 820 Copyrights 0 430 Banks and Banking
0 151 Medicare A1>t 0 330 Federal Employers' Product Liability Cl 83()Patent 0 450 Commerce
0 152 Recoveryofl)efanlted Liability 0 368 A~ bes tos Personal 0 83~ Patent · Abbreviated 0 460D~portation
Stnd~nt Loans 0 340 Marine Injury Product New Drug Application 0 470 Racketeer TnOuenced and
(Excludes Veterans) 0 345 Marine Product Liability 0 840 Trademark Corrupt Organin!ions
0 153 Recovery of Overpayment
of Veteran' s Bene tits 0
Liability
350 Motor Vehicle
PERSONAL PROPERTY
0 370 Other Fr~ud
!;;:;:;;.~'!'·~~~~
[ · ;::~~
0 710 Fair Labor Standnnl:!
·· =t~· ~
l!'(,lK~ll~I•AL·~~~~:::=~O 480 CQJISwuer Cl'!dit
0 861 B!A ( 1395fl) · 0 490 Cable/Sat TV
0 160 Stockholders' Sijits 0 355 Motor Vehicle 0 371 Truth in Lending Act 0 862 Blac\< Lung (923) 0 850 SecljriUes/Corumodities/
0 190 Other Contract Product Liability 0 3Rll Other Pen;nnal no 0 Labnr/Managernent 0 R6J DTVIC/OTWW ( ~OS (g)) Exchange
0 195 Contract Product Liability 0 l60 Other 1'ersonal Property Damag< RelatiQns 0 864 SSID Ti tl e XVI 0 890 Other Statutory Actions
0 196 Franchise 11\iury 0 385 l'roperty Dalllage 0 740 Railway Labor Act 0 86S RSl (405(g)) P 891 Agri~ultural Acts
0 35~ Persooallni YI'Y- Product Liability 0 751 Family qud .M.c<liCiJI Cl 893 Environmental M~tttJ~
Medical Malnraeticc Lcav~ AQt 0 R9S Freedom of lnfOITI)atio~
C';;!
""" ;::~u:~;A~~falmir.v[::! ·,.,,:w::;t:;:::3;~~~~~5j,~~2·+:'f.5"'u[i:so!jl'fl~~;R[!I>ll!ijj'l1mr£i~<i>~lNi§scj CJ 7~0 Otljcr Labor Lir.ig~tion i nnli:RA T;\li: SUIT!i Act
n 210 land Condemnation n 440 Other Civil Rig~bl ltob<as CorlHIS: n 791 Empl oy~e Re~rentent n S70 Taxes (U.S. Plaintiff n 890 Arhi n·ati on
0 220 Foreclosure 0 441 Voting 0 463 Alien Detainee Income Security Act or Ocfcnd.ant) 0 ~99 Administrative Procedure
0 Z~ORcl!tLcasc& Ejcctmcnt 0 442Employmcnt 0 SlOMotionsto Vacatc 0 R711RS- ThirdParty Act/RcvicworAppcalof
CJ 24ll Tort s to Land 0 443 Housing/ S"ntenco 26 USC 71;09 Agen"y Del'ision
n 245 Tort Product Liabili ty Accol'(lmod;Uions n ~30 Gcn~ml n 950 Cons~tu~onality of
0 290 All Other Real Property 0 445 Amer. w/Disabiliries • 0 535 Peat.h Penalty ;G'IMMIGRAUO.N' Stale Statures
Employment Other: n 462 Nun>rali>.ation Application
0 446 Amer. w/Disabiliries • 0 540 Mandamu ~ & Other 0 465 Other lmmib"·ation
Other 0 550 Civil Ri~ts ActiQns
0 448 Education 0 555 Prison Condition
0 560 Civil Detainee-
Condition~ of
Con linemen!
V. ORIGIN (Piuceun ")(" inOneBoxOnly)

1:1( 1 Original 0 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict 0 8 Multidistrict
Proceeding State Court Appellate Court Reopened .Another District Litigation • Litigation -
(specify) Transfer Direct File
Cite the u.s. Civil Statute utJder which you are filing (Do 1WfciJtjuri.<tlictimral ~·tature.< unle.•.• diver.<i(y):
VI CAUSE OF ACTION 15 USC 11.25 a· 17 USC 101 et se .
• Bnef descnptton of cause:
Lanham Act and Co ri ht Act and State Law Claims based on Unfair Com Defendant ave. Inc.
VII. REQUESTED IN 0 CHECI< lf TlHS IS A CLASS ,<\CTlON DEMAND$ CHECK YES only if demanded in complai nt;
COMPLAINT: UNDERRULE23,F.R.Cv.P. JURYDEMAND: ~Yes ONo
VIII. RELATED CASE(S)
(See in.<tructinns):
IF ANY JUDGE POCKET NUMBER
DATE STGNA TURE OF Ai'TORNEV OF
05/14/2018 /s/ Bruce J . Qha$an
FOR OFfiCI!. USE ONLY
RECEll'T# APPLYING TFP J"JDGE MAG. JUDGE

--------- AMOUNT ~-------------
.IS 44 Reverse (Rev. 06/ 17)
INSTRUCTIONS FOR ATTO~EYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and seJVice of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose ofiJlitiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney tiling a case should complete the form as follows:
l.(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. Tf the plaintiff or defendant is an official within a government agency , identify first the agency and
then the official, giving both name and title.
(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where tl1e first listed plaintiff resides at the
time of filing. Tn U.S. plaintiff cases, enter the name of the county in which the tirst listed defendant. resides at the time of fi ling. (NOTE: Tn land
condemnation cases, the cotmty of residence of the ''defendant" is the location of the tract of land involved.)
(c) Attorneys. Enter the ftrm name, address, telephone nurpber, and attorney of record. If there are several attorneys, list them on ao att:l\chment, noting
in this section "(see attachment)".
n. Jurisdiction. The basis ofjmisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one ofthe boxes. Ifthere is more than one pasis of jurisdiction, precedence is given in the order sl)own below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plail\tiff is suing the United States, its officers or agencies, place an "X'' in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331 , where jurisdiction arises under the Constitution of the United Stat<:s, an arnemjml!nt
to the Constitution, au act of Congress or a trea1y ofthe United States. In cases where the U.S. is a party, tb.e U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (Sec Section III below; NOTE: feder11I question actions take precedence over diversity
cases.)
Til. Residence (citizenship) of Principall'arties. This section of the JS 44 is to be completed if diversity of citizenshiJ? was indicated above. Mark this
section for each principal party.
TV. Nature of Suit. Place an "X" in the appropriate box. Tfthere are multiple 11ature of suit codes associated with tne case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code D~scriptions.
V. Origin. Place an ''X'' in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts lll<lY be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remavded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court, Use the reopening date as the filin~ date.
Transferred from Another District. (5) For cases transferred nnder Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation- Transfer, (6) Check this box when a multidistrict pase i~ tl;".msferred into the district under authority of Title Z8 U.S.C.
Section 1407.
Multidistrict Litigation- Direct File. (8) Check this box whe:n a n;mltidistrict case is filed in the same district as the Master MDL docket.
PLEA.SE NOTE TH.A.T THERE IS NOT AN OJU.GIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictipoal
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII. Requested In Complaint. Class Action. Place 1111 ''X" in this box. ifyoll are filing a cll\SS action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
Vill. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA- DESIGNATION FORM to be used by counsel to indicate the category of the case for the purpose of
assignment to appropriate calendar.
Address of Plaintiff:.____.. &,__,~

k :,....
_ .c..:.-· . . ;f::.:;.._-.....::__,;_
t:;
...:...
=5 -_, v~rtet
~r+}. . ,w
.;.__,"f"f;
_~?>_i!>....,,--'M
'---e_
-::vv
----''),...._;.._
fn"<.,_ K-+)_-JV
_Y ...__,_,_;..I~I>c:J
. .,;: ;. .G;r:
.: I',____,
Address of Defendant: SVJ.1 t9t l!' ftt!!'l;( I
f'W-o 'WJ t--~~-wl DAJ lie'; WrQf??7~'YZ.I ft1t1'1YP
Place of Accident, h1cident or Trans~ction: _ __;::W
:=..c::
_Ez; L-~:-C-~JJ£
......:...... .,. . . ~
; ;.._...:,7_::O..
"E;.._..;._,l. _ . ,. . :P,
. .,.~,....,..._:--~.,.---~--------------...,_,
(U9e Revar.<e Side Por Additionpl Space)
Does this civi l action involve a nongovernmental corporate party with ny parent corpor~tion and any publicly held corporation owning 10% or more of its stock?
(Attach two copies oflhe Disclo~ure Statcrneot Form in accordance with Fed.R.Civ.P. 7.1 (a)) YesO N Tb
ef.A J r-1 r I FF-. ~
Does this ca•e involve multidistri~t litigation pos~ibiliti~s'l Ycso
RELATED CA$E.1F ANY:
Civil ca$es 6re deerned relate(! wh~n yes is !ln~w~red HI oy of the following questions:
1. Is this caso reluted to property inoluded ln an ¢~r)ier ourobl}re<l suit pondi g or witbin on~ y~ar previously termin~ted action in this court'/
YosD N
].. Does this case involve the snm<; isS\I<l Qt' tact Qt' grow o\tt of ti)Q s~111~ trqnsn_ctlon as u prior s!lit p nding or within one year previo\tsly terminate<!
actio!) jn this Qour1?
YesD N
3. Does this ca~e involve the vplidity or lnfrlogel'l)cnt of a pat~:~nt already in ~u it or My earlier numbered case pe11ding or within one year previously
terminated action in this ~;ourt? YcsO No
4. Is this clll)e a seQond or s u cocs~ive babl)as corpus, ~ocia l security appeal, or pto se civil rights case fil~d by the s.ame individual?
YesD No
CIVJL: (Place t/ in ONE CATEGORY ONLY)

A Federal Que.~tiun Case,j: B. J)ivt~r#(v Jurisdic;tian Cases:
1. o lndeqmity Contract, Marine Conm~ct, and All Ott1er Co ntwcts t. 0 lnsu1·ance Contract and Other Contracts
2. o FELA 2. 0 Airplane Personal Inj ury
3. P Jones Act-Personal Injury 3. 0 Assault, Defamation

4. q Antitrt~st 4. 0 Marine P ersona1l.ojury
5. o htent 5. 0 Motor Vehicle Personal Injury
6. o Labor-Management Relations 6. q Other Personal Injury (Please specify)
7. o Civil Rights 7. 0 Product~ Liability

8. o H<1l;Jeas Corpus 8. 0 Products Liability- Asbestos
9. o Securities Act(s) Cases 9. 0 All other Diversity Cases
)0. 0 Social Security Review Ca~es (Plca,se specify)
1 1.~ All other Federal Question C11ses
(Please specify) 11\tb')f.:;)V\. f-tl3
Sl 0,000.00 exclusive of interest and co ts;

t:l Reli ef othc tjlan nctary d<t1nag~:sls 5ought.
~4~
Non:: A trial de novo will b~ & trial by jury only If Ultlre has been CO)llpliance with F.R.C.P, 38.
. ~ ~~~--.----------~------~----------------------~
I certify that, tom)· knowledge, the within case is opt related to t~ny case n.ow pen!)ing or within one y~ar vreviQu$\y terminated action in this coprt
7
AttorM~:y I. D.#
CN. 609 (5/2012)
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CASE MANAGEMENT TRACK DESIGNATION FORM.
~)( 1 'r"'V'iY 0r<.~o Jb.~......;s r u..-~ CIVIL ACTION

(.~' rvt;:- H-1'=t ~r--
v.
Q.v ti:r , r- ,.Jc - NO.
In accordance with the Civil Justice Expense and Delay Reduction Plan of this court, counsel for
plaintiff shall complete a Case Management Track Designation Form in all civil c~ses at the time of
filing the complaint and serve a copy on all defendants. (See§ 1:03 of the plan set forth on the reverse
side of this form.) In the event that a defendatlt does not agree with the plaintiff regarding said
designation, that defendant shall, with its first appearance, submit to the clerk of court and serve on
the plaintiff and all other parties, a Case Management Track Designation Form specifying the track
to which that defendant believes the case should be assigned.
SELECT ONE OF THE FOLLOWING CASE MANAGEMENT TRACKS:
(a) Habeas Corpus- Cases brought under 28 U.S.C. § 2241 through § 2255. ( )
(b) Social Security- Cases requesting review of a decision of the Secretary of Health
and Human Services denying plaintiff Social Security Benefits. ( )
(c) Arbitration - Cases required to be designated for arbitration under Local Civil Rule 53.2. ( )
(d) Asbestos- Cases involving claims for personal injury or property damage from
exposure to asbestos. ( )
(e) Special Man11gement- Cases that do not fall into tracks (a) through (d) that a_re
commonly referred to as complex and that need special or intense management by
the court. (See reverse side of this form for a detailed explanation of special x~
management cases.) ~ A1 e}Vl,4.-p. . K ...J.- CPf~l C1t-r - ~J
(f) Standard Management- Cases that do not fall into any one of the other tracks. ( )
Telephone FAX Number
~)o
(Civ. 660) 10/0;Z
~TG1-/1tf~ fHJl- ,
Civil Justice Expense and Delay Reduction Plan

Section 1 :03 - Assignment to a Management Track
(a) The clerk of court will assign cases to tracks (a) through (d) based on the initial pleading.
(b) In all cases not appropriate for assignment by the clerk of court to tracks (a) through (d), the
plaintiff shall submit to the clerk of court and serve with the complaint on all defendants a case management
track designation form specifying that the plaintiff believes the case requires Standard Management or
Special Management. Tn the event that a defendant does not agree with the plaintiff regarding said
designation, that defendant shall, with its first appearance, submit to the clerk of court and serve on the
plaintiff and all other parties, a case management track designation form specifying the track to which that
defendant believes the case should be assigned.
(c) The court may, on its own initiative or upon the request of any party, change the track
assignment of any case at any time.
(d) Nothing in this Plan is intended to abrogate or limit a judicial officer's authority in any case
pending before that judicial officer, to direct pretrial and trial proceedings that are more stringent than those
of the Plan and that are designed to accomplish cost and delay reduction .
(e) Nothing in this Plan is intended to supersede Local Civil Rules 40.1 and 72.1, or the
procedure for random assignment of Habeas Corpus and Social Security cases referred to magistrate judges
of the court.
SPECIAL MANAGEMENT CASE ASSIGNMENTS

(See §1.02 (e) Management Track Definitions of the
Civil Justice Expense and Delay Reduction Plan)
Special Management cases will usually include that class of cases commonly referred to as "complex
litigation" as that term has been used in the Manuals for Complex Litigation. The first manual was prepared
in 1969 and the Manual for Complex Litigation Second, MCL 2d was prepared in 1985. This term is
intended to include cases that present unusual problems and require extraordinary treatment. See §0.1 of the
first manual. Cases may require special or intense management by the court due to one or more of the
following factors: (1) large number of parties; (2) large number of claims or defenses; (3) complex factual
issues; (4) large volume of evidence; (5) problems locating or preserving evidence; (6) extensive discovery;
(7) exceptionally long time needed to prepare for disposition; (8) decision needed within an exceptionally
short time; and (9) need to decide preliminary issues before final disposition. It may include two or more
related cases. Complex litigation typically includes such cases as antitrust cases; cases involving a large
number of parties or an unincorporated association of large membership; cases involving requests for
injunctive relief affecting the operation of large business entities; patent cases; copyright and trademark
cases; common disaster cases such as those arising from aircraft crashes or marine disasters; actions brought
by individual stockholders; stockholder's derivative and stockholder's representative actions; class actions or
potential class actions; and other civil (and criminal) cases involving unusual multiplicity or complexity of
factual issues. See §0.22 of the ftrst Manual for Complex Litigation and Manual for Complex Litigation
Second, Chapter 33.

Skinny Brand Jeans v. QVC - Complaint

Transféré par

Informations du document

Copyright

Formats disponibles

Partager ce document

Partager ou intégrer le document

Options de partage

Avez-vous trouvé ce document utile ?

Ce contenu est-il inapproprié ?

Droits d'auteur :

Formats disponibles

Skinny Brand Jeans v. QVC - Complaint

Transféré par

Droits d'auteur :

Formats disponibles

Case 2:18-cv-02011-JCJ Document 1 Filed 05/14/18 Page 1 of 21

IN THE UNITED STATES DISTRICT COURT

SKINNY BRAND JEANS LLC,

CATHERINE HART, COMPLAINT

QVC, Inc., a Delaware Corporation,

following Complaint against Defendant QVC I n~.

1. Plaintiff Skinny Brand Jeans LLC (hereinafter "Skinny Brand

2. Plaintiff Catherine Hart (hereinafter "Hart") is an individual

Managing Member of Skinny Brand Jeans LLC.

3. Defendant QVC Inc. (hereinafter "QVC") is a corporation

registered in Delaware with its principal place of business at Studio Park,

1200 Wilson Drive, West Chester, PA 19380.

JYRI~DIC;TIO,N AND V~NUE

4. Jurisdiction in this Cou rt is proper under, inter alia, 28 U.S.C. §

trademarks, copyrights and/or patents.

5. Jurisdiction in this Court is proper und~r 28 l).S.C. § 1338(b)

claims under copyright and trademark laws.

6. This Court has supplemental jurisdiction pursuant to 28 U.S.C. §

7. Venue is proper in the Eastern District of Pennsylvania pursuant

and Hart in this district.

8. On September 5, 2013, Hart met with QVC representatives at

QVC headquarters to demonstrate the slimming fabrication and slimming

to pitch a quality version of the premium-priced, domestically-made

9. On October 15, 2013, QVC trademarked "How Slimming" as part

Brand Jeans' stomach restraining panel fabrication. This information was

unknown to Hart before 2018.

10. On March 11, 2014, Skinny Brand Jeans entered into an

granted a license to QVC to manufacture and sell a lesser-priced version of

its American-made slimming jeans to be called "SkinnyJeans2®" (this

trademark is registered to Skinny Brand Jeans LLC), and to be sold on air

(via television broadcast) by Hart as the representative of Skinny Brand

Brand Jeans fulfilled its contractual obligations to QVC by virtue of Hart's

making numerous trips to West Chester, PA for design meetings whenever

requested, by providing all materials requested, by cooperating in every way

to make the best possible products, and by making numerous on-air

appearances to promote the Skinny Brand Jeans' products.

11. Hart started developing innovative fabrication techniques and

wash techniques in 2004 to make jeans appear slimming. It took over a

Angeles, California to perfect the techniques, including a front shaping panel

worn using sandpaper, chemicals or lasers to give it a light, worn-in look

from the buttocks to about half-way down the back of the

ankle, sometimes with a three-dimensional effect.

created naturally over time by wearing a jean and employing it to

created a very effective illusion of a slimmer body. It was difficult to do

create a wholly innovative approach to applying this slimming wash pattern

13. Hart applied for a design patent on her fabrication techniques,

specifically the stomach panel shaper, on December 23, 2005. After

application was granted. Currently, the design patent application is being

converted to a utility patent application as it is more properly a utility patent

than a design patent.

detail of its American-made premium slimming jean in a lower-priced

Chinese-made version using Chinese denim for SkinnyJeans2®, including

the slimming wash pattern .

15. The design meetings were attended by QVC employees in all

areas of jeans manufacturing including fit, trim, labeling, pattern making,

sizing, grading, fabric development, sewing and wash development. These

16. On October 6, 2014, SkinnyJeans2® slimming denim debuted on

fabrication techniques and distinctive wash pattern of a lighter value all up

appearance and waitlisted at 200°/o of the first production level.

reproduce for SkinnyJeans2®.

18. Approximately six months later in December of 2015 (which is

Brand Jeans until March 3, 2016.

its in-house G.I.L.I.™ labeled jeans.

20. On April 26, 2016, Hart applied to register a copyright of the