Case 2:14-cv-02720-SS Document 1 Filed 04/09/14 Page 1 of 9 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.17SHOPPERS WORLD STORES, INC., aNew York Corporation; YI SLA, INC., aNorth Carolina Corporation d/b/a“Silvina;” SIMPLY FASHION STORES,INC., a Delaware Corporation; MAHUDIINTERNATIONAL CORP., a FloridaCorporation; VIZIO FASHION, aCalifornia business entity of unknownform; and DOES 1-10, inclusive,181920212223242. VICARIOUS AND/ORCONTRIBUTORY COPYRIGHTINFRINGEMENTJury Trial DemandedDefendants.25262728-1COMPLAINTCase 2:14-cv-02720-SS Document 1 Filed 04/09/14 Page 2 of 9 Page ID #:212Design Collection, Inc., by and through its undersigned attorneys, hereby praysto this honorable Court for relief based on the following:JURISDICTION AND VENUE345671. This action arises under the Copyright Act of 1976, Title 17 U.S.C., § 101et seq.2. This Court has federal question jurisdiction under 28 U.S.C. § 1331 and1338 (a) and (b).83. Venue in this judicial district is proper under 28 U.S.C. § 1391(c) and91400(a) in that this is the judicial district in which a substantial part of the acts and10omissions giving rise to the claims occurred.PARTIES11124. Plaintiff DESIGN COLLECTION, INC is a corporation organized and13existing under the laws of the state of California with its principal place of business14in Los Angeles, California.155. Plaintiff is informed and believes and thereon alleges that Defendant16SHOPPERS WORLD STORES, INC. (“SHOPPERS WORLD”) is a corporation17organized and existing under the laws of the state of New York with its principal18place of business located at 9 East 40th Street, Mezzanine, New York, NY 10016,19and is doing business in and with the state of California and its residents.20212223246. Plaintiff is informed and believes and thereon alleges that Defendant YISLA, INC. d/b/a “Silvina” (“SILVINA”) is a corporation organized and existingunder the laws of the state of North Carolina with its principal place of businesslocated at 1021 Lily Green Court NW, Concord, NC 28027, and is doing business inand with the state of California.7. Plaintiff is informed and believes and thereon alleges that Defendant25SIMPLY FASHION STORES, INC. (“SIMPLY FASHION”) is a corporation26organized and existing under the laws of the state of Delaware with its principal2728-2COMPLAINTCase 2:14-cv-02720-SS Document 1 Filed 04/09/14 Page 3 of 9 Page ID #:31place of business located at 6055 Old National Highway, Ste. D, Atlanta, GA 30349,2and is doing business in and with the state of California.38. Plaintiff is informed and believes and thereon alleges that Defendant4MAHUDI INTERNATIONAL CORP. (“MAHUDI”) is a corporation organized and5existing under the laws of the state of Florida with its principal place of business6located at 2110 N.W. 95th Street, Miami, FL 33172, and is doing business in and78910with the state of California.9. Plaintiff is informed and believes and thereon alleges that Defendant VIZIOFASHION (“VIZIO”) is a California business entity of form unknown operating at1188 S. San Pedro Street, #N, Los Angeles, CA 90015 (tel. 213.749.3977).10. Plaintiff is informed and believes and thereon alleges that Defendant11DOES 1 through 10, inclusive, other parties not yet identified who have infringed12Plaintiff’s copyrights, have contributed to the infringement of Plaintiff’s copyrights,13or have engaged in one more of the wrongful practices alleged herein. The true14names, whether corporate, individual or otherwise of Defendant DOES 1-10,15inclusive, are presently unknown to Plaintiff, which therefore sues said Defendants16by such fictitious names and will seek leave to amend this complaint to show their17true names and capacities when same have been ascertained.1811. Plaintiff is informed and believes and thereon alleges that at all times19relevant hereto each of the Defendants was the agent, affiliate, officer, director,20manager, principal, alter-ego, and/or employee of the remaining Defendants and was21at all times acting within the scope of such agency, affiliation, alter-ego relationship22and/or employment; and actively participated in or subsequently ratified and23adopted, or both, each and all of the acts or conduct alleged, with full knowledge of24all the facts and circumstances, including, but not limited to, full knowledge of each25and every violation of Plaintiff’s rights and the damages to Plaintiff proximately26caused thereby.2728-3COMPLAINTCase 2:14-cv-02720-SS Document 1 Filed 04/09/14 Page 4 of 9 Page ID #:41CLAIMS RELATED TO DESIGN NO. DC-10422212. Plaintiff is the owner of an original two-dimensional artwork used for3textile printing, which Plaintiff has allocated the internal design number DC-104224(“Subject Design”).5613. Plaintiff applied for and received a United States Copyright Registration forSubject Design.714. Prior to the acts complained of herein, Plaintiff sampled and sold fabric8bearing Subject Design to numerous parties in the fashion and apparel industries.915. Following this distribution of product bearing Subject Design, Plaintiff10learned that SHOPPERS WORLD, SILVINA, VIZIO, SIMPLY FASHION,11MAHUDI, and/or DOE Defendants created, sold, manufactured, had manufactured,12imported, and/or distributed fabric and/or garments comprised of fabric featuring13unauthorized reproductions of Subject Design or designs which are substantially14similar to Subject Design (“Subject Product”). Subject Product includes but is not15limited to the garments sold by:16a. SHOPPERS WORLD under SKUs 400059585587 and17400059585419 and bearing the label “Nolita Sky” and RN 134329,18which indicates that the garments were manufactured by or for19SHOPPERS WORLD.20b. SILVINA under SKUs 22317702 and 22317712 and bearing Style21No. 14405 and the label “Vizio USA,” which indicates that the22garments were manufactured by or for VIZIO; and23c. SIMPLY FASHION under SKUs 400000713342 and 40000071335924and bearing the label “Gold Flava” and RN 80146, which indicates25that the garments were manufactured by or for MAHUDI.2616. A side-by-side comparison of Subject Design and an exemplar of Subject2728Product shows that the designs are substantially similar:-4COMPLAINTCase 2:14-cv-02720-SS Document 1 Filed 04/09/14 Page 5 of 9 Page ID #:51Subject DesignExemplar of Subject ProductSubject Design DetailSubject Product Detail2345678910111213141516171819202122232425262728-5COMPLAINTCase 2:14-cv-02720-SS Document 1 Filed 04/09/14 Page 6 of 9 Page ID #:61FIRST CLAIM FOR RELIEF2(For Copyright Infringement – Against All Defendants, and Each)317. Plaintiff repeats, realleges, and incorporates herein by reference as though4fully set forth, the allegations contained in the preceding paragraphs of this5Complaint.618. Plaintiff is informed and believes and thereon alleges that Defendants, and7each of them, had access to Subject Design including, without limitation, through (a)8access to Plaintiff’s showroom and/or design library; (b) access to illegally9distributed copies of the Subject Design by third-party vendors and/or DOE10Defendants, including without limitation international and/or overseas converters11and printing mills; (c) access to Plaintiff’s strike-offs and samples, and (d) garments12manufactured and sold to the public bearing fabric lawfully printed with Subject13Design by Plaintiff for its customers.1419. Plaintiff is informed and believes and thereon alleges that one or more of15the Defendants manufactures garments and/or is a garment vendor. Plaintiff is16further informed and believes and thereon alleges that said Defendant(s) has an17ongoing business relationship with Defendant retailers, and each of them, and18supplied garments to said retailers, which garments infringed Subject Design in that19said garments were composed of fabric which featured an unauthorized print20design(s) that were identical or substantially similar to Subject Design, or were an21illegal modification thereof.2220. Plaintiff is informed and believes and thereon alleges that Defendants, and23each of them, infringed Plaintiff’s copyright by creating, making and/or developing24directly infringing and/or derivative works from Subject Design and by producing,25distributing and/or selling garments which infringe Subject Design through a26nationwide network of retail stores, catalogues, and through on-line websites.272821. Due to Defendants’ acts of infringement, Plaintiff has suffered damages in-6COMPLAINTCase 2:14-cv-02720-SS Document 1 Filed 04/09/14 Page 7 of 9 Page ID #:71an amount to be established at trial.222. Due to Defendants’ acts of copyright infringement as alleged herein,3Defendants, and each of them, have obtained profits they would not otherwise have4realized but for their infringement of Subject Designs. As such, Plaintiff is entitled to5disgorgement of Defendants’, and each of their, profits attributable to Defendants’6infringement of Subject Design in an amount to be established at trial.723. Plaintiff is informed and believes and thereon alleges that Defendants, and8each of them, have committed copyright infringement with actual or constructive9knowledge of Plaintiff’s rights such that said acts of copyright infringement were,10and continue to be, willful, intentional and malicious.11SECOND CLAIM FOR RELIEF12(For Vicarious and/or Contributory Copyright Infringement - Against All13Defendants)1424. Plaintiff repeats, realleges and incorporates herein by reference as though15fully set forth the allegations contained in the preceding paragraphs of this16Complaint.1725. Plaintiff is informed and believes and thereon alleges that Defendants18knowingly induced, participated in, aided and abetted in and profited from the illegal19reproduction and/or subsequent sales of garments featuring Subject Design as20alleged herein.2126. Plaintiff is informed and believes and thereon alleges that Defendants, and22each of them, are vicariously liable for the infringement alleged herein because they23had the right and ability to supervise the infringing conduct and because they had a24direct financial interest in the infringing conduct.2527. By reason of the Defendants’, and each of their, acts of contributory and26vicarious infringement as alleged above, Plaintiff has suffered and will continue to27suffer damages in an amount to be established at trial.28-7COMPLAINTCase 2:14-cv-02720-SS Document 1 Filed 04/09/14 Page 8 of 9 Page ID #:828. Due to Defendants’, and each of their, acts of copyright infringement as12alleged herein, Defendants, and each of them, have obtained profits they would not3otherwise have realized but for their infringement of Subject Design. As such,4Plaintiff is entitled to disgorgement of Defendants’, and each of their, profits5attributable to Defendants’ infringement of Subject Design in an amount to be6established at trial.29. Plaintiff is informed and believes and thereon alleges that Defendants, and78each of them, have committed acts of copyright infringement, as alleged above,9which were willful, intentional and malicious.PRAYER FOR RELIEF10Wherefore, Plaintiff prays for judgment as follows:11a. That Defendants, their agents and employees be enjoined from1213infringing Plaintiff’s copyrights in any manner, specifically those for14Subject Design;b. That Plaintiff be awarded all profits of Defendants plus all losses of1516Plaintiff, plus any other monetary advantage gained by the Defendants17through their infringement, the exact sum to be proven at the time of18trial, or, if elected before final judgment, statutory damages as available19under the Copyright Act, 17 U.S.C. § 101 et seq.;c. That Plaintiff be awarded its attorneys’ fees as available under the20Copyright Act U.S.C. § 101 et seq.;2122d. That Plaintiff be awarded pre-judgment interest as allowed by law;23e. That Plaintiff be awarded the costs of this action; and24f. That Plaintiff be awarded such further legal and equitable relief as theCourt deems proper.25262728///-8COMPLAINTCase 2:14-cv-02720-SS Document 1 Filed 04/09/14 Page 9 of 9 Page ID #:912Plaintiff 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.3DONIGER / BURROUGHS45678Dated: April 9, 2014By: /s/ Stephen M. DonigerStephen M. Doniger, Esq.Annie Aboulian, Esq.Attorneys for PlaintiffDESIGN COLLECTION, INC.910111213141516171819202122232425262728-9COMPLAINT