Case 2:14-cv-02707 Document 1 Filed 04/09/14 Page 1 of 8 Page ID #:11234567Stephen M. Doniger (SBN 179314)stephen@donigerlawfirm.comScott A. Burroughs (SBN 235718)scott@donigerlawfirm.comAnnie Aboulian (SBN 280693)annie@donigerlawfirm.comDONIGER / BURROUGHS APC300 Corporate Pointe, Suite 355Culver City, California 90230Telephone: (310) 590-1820Facsimile: (310) 417-353889Attorneys for Plaintiff10UNITED STATES DISTRICT COURT11CENTRAL DISTRICT OF CALIFORNIA1213Case No.:DESIGN COLLECTION, INC., aCalifornia Corporation,PLAINTIFF’S COMPLAINT FOR:1415Plaintiff,1. COPYRIGHT INFRINGEMENT;16vs.17JINWON APPAREL, INC., a CaliforniaCorporation; THE BUCKLE, INC., aNebraska Corporation; JUN & MIN,INC., a California Corporation; FRENZI,a Texas business entity of form unknown;and DOES 1-10, inclusive,18192021222. VICARIOUS AND/ORCONTRIBUTORY COPYRIGHTINFRINGEMENTJury Trial DemandedDefendants.232425Design Collection, Inc., by and through its undersigned attorneys, hereby praysto this honorable Court for relief based on the following:262728-1COMPLAINTCase 2:14-cv-02707 Document 1 Filed 04/09/14 Page 2 of 8 Page ID #:2JURISDICTION AND VENUE121. This action arises under the Copyright Act of 1976, Title 17 U.S.C., § 1013et seq., and this Court has federal question jurisdiction under 28 U.S.C. § 1331 and41338 (a) and (b).52. Venue in this judicial district is proper under 28 U.S.C. § 1391(c) and61400(a) in that this is the judicial district in which a substantial part of the acts and7omissions giving rise to the claims occurred.PARTIES893. Plaintiff DESIGN COLLECTION, INC is a corporation organized and10existing under the laws of the state of California with its principal place of business11in Los Angeles, California.124. Plaintiff is informed and believes and thereon alleges that Defendant13JINWON APPAREL, INC. (“JINWON”) is a corporation organized and existing14under the laws of the state of California with its principal place of business located at151001 South Towne Ave., Ste. 215, Los Angeles, CA 90021.1617181920215. Plaintiff is informed and believes and thereon alleges that Defendant THEBUCKLE, INC. (“BUCKLE”) is a corporation organized and existing under the lawsof the state of Nebraska with its principal place of business located at 2407 W. 24thStreet, Kearney, NE 68845, and is doing business in and with the state of Californiaand its residents.6. Plaintiff is informed and believes and thereon alleges that Defendant JUN& MIN, INC. (“JUN & MIN”) is a corporation organized and existing under the22laws of the state of California with its principal place of business located at 951 S.23242526Crocker St. #2, Los Angeles, CA 90021.7. Plaintiff is informed and believes and thereon alleges that DefendantFRENZI is a business entity of form unknown organized and existing under the lawsof the state of Texas with its principal place of business located at 2501 S. Stemmons2728-2COMPLAINTCase 2:14-cv-02707 Document 1 Filed 04/09/14 Page 3 of 8 Page ID #:31Fwy., Lewisville, TX 75067, and is doing business in and with the state of California2and its residents.38. Plaintiff is informed and believes and thereon alleges that Defendant DOES41 through 10, inclusive, are manufacturers and/or vendors of the product at issue or5other parties not yet identified who have infringed Plaintiff’s copyrights, have6contributed to the infringement of Plaintiff’s copyrights, or have engaged in one7more of the wrongful practices alleged herein. The true names, whether corporate,8individual or otherwise of Defendant DOES 1-10, inclusive, are presently unknown9to Plaintiff, which therefore sues said Defendants by such fictitious names and will10seek leave to amend this complaint to show their true names and capacities when11same have been ascertained.129. Plaintiff is informed and believes and thereon alleges that at all times13relevant hereto each of the Defendants was the agent, affiliate, officer, director,14manager, principal, alter-ego, and/or employee of the remaining Defendants and was15at all times acting within the scope of such agency, affiliation, alter-ego relationship16and/or employment; and actively participated in or subsequently ratified and/or17adopted each of the acts or conduct alleged with full knowledge of all the facts and18circumstances, including, but not limited to, full knowledge of each violation of19Plaintiff’s rights and the damages to Plaintiff proximately caused thereby.20CLAIMS RELATED TO DESIGN NO. DC-104222110. Plaintiff is the owner of an original two-dimensional artwork used for22textile printing, which Plaintiff has allocated the internal design number DC-1042223(“Subject Design”).242511. Plaintiff applied for and received a United States Copyright Registration forSubject Design.2612. Prior to the acts complained of herein, Plaintiff sampled and sold fabric27bearing Subject Design to numerous parties in the fashion and apparel industries.28-3COMPLAINTCase 2:14-cv-02707 Document 1 Filed 04/09/14 Page 4 of 8 Page ID #:4113. Following this distribution of product bearing Subject Design, Plaintiff2learned that JINWON, BUCKLE, JUN & MIN, FRENZI, and DOE defendants3created, sold, manufactured, had manufactured, imported, and/or distributed fabric4and/or garments comprised of fabric featuring unauthorized reproductions of Subject5Design or designs which are substantially similar to Subject Design (“Subject6Product”). Subject Product includes but is not limited to the garments sold by:7a. BUCKLE under SKU 5031490600 and bearing the label “daytrip”8and RN 124049, which indicates that the garments were9manufactured by or for JINWON; and10b. FRENZI under Style No. JT3014F and bearing the label “Jun &11Min,” which indicates that the garments were manufactured by or for12JUN & MIN.13141514. A side-by-side comparison of Subject Design and an exemplar of SubjectProduct shows that the designs are substantially similar:Subject DesignExemplar of Subject Product16171819202122232425262728-4COMPLAINTCase 2:14-cv-02707 Document 1 Filed 04/09/14 Page 5 of 8 Page ID #:5Subject Design Detail1Subject Product Detail23456789101112FIRST CLAIM FOR RELIEF13(For Copyright Infringement – Against All Defendants, and Each)1415. Plaintiff repeats, realleges, and incorporates herein by reference as though15fully set forth, the allegations contained in the preceding paragraphs of this16Complaint.1716. Plaintiff is informed and believes and thereon alleges that Defendants, and18each of them, had access to Subject Design including, without limitation, through (a)19access to Plaintiff’s showroom and/or design library; (b) access to illegally20distributed copies of the Subject Design by third-party vendors and/or DOE21Defendants, including without limitation international and/or overseas converters22and printing mills; (c) access to Plaintiff’s strike-offs and samples, and (d) garments23manufactured and sold to the public bearing fabric lawfully printed with Subject24Design by Plaintiff for its customers.2517. Plaintiff is informed and believes and thereon alleges that one or more of26the Defendants manufactures garments and/or is a garment vendor. Plaintiff is27further informed and believes and thereon alleges that said Defendant(s) has an28-5COMPLAINTCase 2:14-cv-02707 Document 1 Filed 04/09/14 Page 6 of 8 Page ID #:61ongoing business relationship with Defendant retailers, and each of them, and2supplied garments to said retailers, which garments infringed Subject Design in that3said garments were composed of fabric which featured an unauthorized print4design(s) that were identical or substantially similar to Subject Design, or were an5illegal modification thereof.618. Plaintiff is informed and believes and thereon alleges that Defendants, and7each of them, infringed Plaintiff’s copyright by creating, making and/or developing8directly infringing and/or derivative works from Subject Design and by producing,9distributing and/or selling garments which infringe Subject Design through a10nationwide network of retail stores, catalogues, and through on-line websites.111219. Due to Defendants’ acts of infringement, Plaintiff has suffered damages inan amount to be established at trial.1320. Due to Defendants’ acts of copyright infringement as alleged herein,14Defendants, and each of them, have obtained profits they would not otherwise have15realized but for their infringement of Subject Designs. As such, Plaintiff is entitled to16disgorgement of Defendants’, and each of their, profits attributable to Defendants’17infringement of Subject Design in an amount to be established at trial.1821. Plaintiff is informed and believes and thereon alleges that Defendants, and19each of them, have committed copyright infringement with actual or constructive20knowledge of Plaintiff’s rights such that said acts of copyright infringement were,21and continue to be, willful, intentional and malicious.22SECOND CLAIM FOR RELIEF23(For Vicarious and/or Contributory Copyright Infringement - Against All24Defendants)2522. Plaintiff repeats, realleges and incorporates herein by reference as though26fully set forth the allegations contained in the preceding paragraphs of this27Complaint.28-6COMPLAINTCase 2:14-cv-02707 Document 1 Filed 04/09/14 Page 7 of 8 Page ID #:7123. Plaintiff is informed and believes and thereon alleges that Defendants2knowingly induced, participated in, aided and abetted in and profited from the illegal3reproduction and/or subsequent sales of garments featuring Subject Design as4alleged herein.524. Plaintiff is informed and believes and thereon alleges that Defendants, and6each of them, are vicariously liable for the infringement alleged herein because they7had the right and ability to supervise the infringing conduct and because they had a8direct financial interest in the infringing conduct.925. By reason of the Defendants’, and each of their, acts of contributory and10vicarious infringement as alleged above, Plaintiff has suffered and will continue to11suffer damages in an amount to be established at trial.1226. Due to Defendants’, and each of their, acts of copyright infringement as13alleged herein, Defendants, and each of them, have obtained profits they would not14otherwise have realized but for their infringement of Subject Design. As such,15Plaintiff is entitled to disgorgement of Defendants’, and each of their, profits16attributable to Defendants’ infringement of Subject Design in an amount to be17established at trial.1827. Plaintiff is informed and believes and thereon alleges that Defendants, and19each of them, have committed acts of copyright infringement, as alleged above,20which were willful, intentional and malicious.PRAYER FOR RELIEF212223Wherefore, Plaintiff prays for judgment as follows:a. That Defendants, their agents and employees be enjoined from24infringing Plaintiff’s copyrights in any manner, specifically those for25Subject Design;262728b. That Plaintiff be awarded all profits of Defendants plus all losses ofPlaintiff, plus any other monetary advantage gained by the Defendants-7COMPLAINTCase 2:14-cv-02707 Document 1 Filed 04/09/14 Page 8 of 8 Page ID #:81through their infringement, the exact sum to be proven at the time of2trial, or, if elected before final judgment, statutory damages as available3under the Copyright Act, 17 U.S.C. § 101 et seq.;45c. That Plaintiff be awarded its attorneys’ fees as available under theCopyright Act U.S.C. § 101 et seq.;6d. That Plaintiff be awarded pre-judgment interest as allowed by law;7e. That Plaintiff be awarded the costs of this action; and8f. That Plaintiff be awarded such further legal and equitable relief as the9Court deems proper.101112Plaintiff demands a jury trial on all issues so triable pursuant to Fed. R. Civ. P.38 and the 7th Amendment to the United States Constitution.13DONIGER / BURROUGHS1415161718Dated: April 9, 2014By: /s/ Stephen M. DonigerStephen M. Doniger, Esq.Annie Aboulian, Esq.Attorneys for PlaintiffDESIGN COLLECTION, INC.19202122232425262728-8COMPLAINT