Nicole Lee v. BLK International - Trademark Complaint PDF

Case 2:15-cv-01892-RGK-E Document 42 Filed 09/02/15 Page 1 of 33 Page ID #:530
1 CALDWELL LESLIE & PROCTOR, PC

ROBYN C. CROWTHER, State Bar No. 193840
crowther@caldwell-leslie.com
2
MICHAEL D. ROTH, State Bar No. 217464
roth@caldwell-leslie.com
3
KIMBERLY M. SINGER, State Bar No. 279883
singer@caldwell-leslie.com
4
725 South Figueroa Street, 31st Floor
5 Los Angeles, California 90017-5524
Telephone: (213) 629-9040
6 Facsimile: (213) 629-9022
7 Attorneys for Plaintiff Nicole, Inc.
8
9
10
UNITED STATES DISTRICT COURT
11
CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION
12
13 NICOLE, INC.,
Plaintiff,
14
15
v.
16 B.L.K. INTERNATIONAL, INC., a

California corporation; SANJAY
17 KHULLAR, an individual; and DOES 1
through 10, inclusive,
18
Defendants.
19
20
21
22
23
24
25
26
27
28
CALDWELL
LESLIE &
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Case No. CV 15-01892-RGK (Ex)

NICOLE, INC.S FIRST AMENDED
COMPLAINT FOR:
(1) (3) Copyright Infringement,
17 U.S.C. 501;
(4) Vicarious and/or Contributory
Copyright Infringement;
(5) Trade Dress Infringement,
15 U.S.C. 1125(a);
(6) California Unfair Competition,
Cal. Bus. & Prof. Code 17200
(7) (11) Copyright Infringement,
17 U.S.C. 501;
DEMAND FOR JURY TRIAL
The Honorable R. Gary Klausner
Trial Date:
April 12, 2016
Plaintiff NICOLE, INC. (Nicole Lee), for its causes of action against
2 Defendants B.L.K. INTERNATIONAL, INC., a California corporation, and

3 SANJAY KHULLAR, an individual (collectively, Defendants), hereby alleges as
4 follows:
5
6
NATURE AND SUMMARY OF ACTION

1.
Nicole Lee is a Los Angeles based handbag company. It specializes in
7 creating handbags with unique and fashion forward designs, pushing the envelope in
8 fashion trends. Drawing inspiration from New Yorks dynamic lifestyle and Los
9 Angeles casual yet trendy street fashion, Nicole Lee has gained renown for its high10 end contemporary bags, which can be found in thousands of boutique shops
11 throughout the United States and abroad.
12
2.
This is a straightforward action for copyright and trade dress
13 infringement. Under the names B.L.K. International, and Michael Michelle or

14 MM, Defendants have manufactured, distributed, and/or sold handbags and
15 wallets that are blatant knock-offs of Nicole Lees protected works. Indeed,
16 Defendants have recently escalated their unlawful conduct, from stylistically
17 copying Nicole Lees trade dress to blatantly copying Nicole Lees copyrighted
18 artwork.
19
3.
Nicole Lee thus brings this action to protect its valuable rights and to
20 stop Defendants infringing conduct.

21
22
PARTIES
4.
Plaintiff Nicole, Inc. is a California corporation with its principal place
23 of business at 1133 S. Boyle Ave., Los Angeles, California 90023. Nicole, Inc.
24 owns the trademark Nicole Lee and manufactures and sells handbags, jewelry,
25 shoes, and accessories under the brand name Nicole Lee.
26
5.
Nicole Lee is informed and believes, and on that basis alleges that
27 Defendant B.L.K. International, Inc. (BLK) is a California corporation with its

28 principal place of business at 2552 E. Olympic Blvd., Los Angeles, California
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1 90023. Upon information and belief, BLK owns the brand names BLK and Michael
2 Michelle, and manufactures and sells, among other things, the infringing wallets and
3 handbags that are the subject of this action.
4
6.
5 Defendant SANJAY KHULLAR (Khullar) is the President of Defendant BLK.

6 Nicole Lee further alleges on information and belief that the willful infringement in
7 this action was done at Khullars direction and control.
8
7.
9 Defendants DOES 1 through 10 are either entities or individuals who have infringed
10 Nicole Lees intellectual property rights, by manufacturing, selling, or distributing
11 infringing products, or are principals or supervisory employees of entities or
12 individuals who have infringed Nicole Lees intellectual property rights, by
13 manufacturing, selling, or distributing infringing products. The true names, whether
14 corporate, individual or otherwise, of DOES 1 through 10, inclusive, are presently
15 unknown to Nicole Lee, who therefore sues these DOE defendants by fictitious
16 names, and will seek leave to amend this Complaint to show their true names and
17 capacities when they have been ascertained.
18
8.
Nicole Lee is informed and believes, and on that basis alleges that at all
19 relevant times each of the Defendants was the agent, affiliate, officer, director,
20 manager, principal, alter ego, and/or employee of the remaining Defendants and was
21 at all times acting within the scope of the agency, affiliation, alter-ego relationship
22 and/or employment; and actively participated in or subsequently ratified and
23 adopted, or both, each and all of the acts or conduct alleged, with full knowledge of
24 all the facts and circumstances, including but not limited to, full knowledge of each
25 and every violation of Nicole Lees rights and the damages to Nicole Lee
26 proximately caused thereby.
27
28
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1
2
JURISDICTION AND VENUE

9.
The Court has jurisdiction over the subject matter of this action under
3 Section 39(a) of the Lanham Act, 15 U.S.C. 1121, and Sections 1331, 1338(a),
4 1338(b) of the Judicial Code, 28 U.S.C. 1331, 1338 (a) and (b), and under
5 principles of supplemental jurisdiction, 28 U.S.C. 1367(a).
6
10.
Venue is proper in the United States District Court for the Central
7 District of California under 28 U.S.C. 1391(b)(1), (b)(2), and 1400(a), in that

8 Defendants BLK and Khullar reside in this District and a substantial part of the
9 events giving rise to the claims occurred in and are directed from this District.
10
11
FACTUAL ALLEGATIONS
11.
Nicole Lee is a manufacturer of originally designed handbags, jewelry,
12 shoes, and accessories. Its signature line of handbags is instantly recognizable and
13 can be found in boutique shops throughout the United States and in foreign cities
14 known for their fashion, such as Paris, Tokyo, Madrid, and Barcelona.
15
12.
As discussed in detail below, Nicole Lee holds various copyrights
16 related to the artwork and features of its handbags.

17
13.
Nicole Lee also holds registered and common law trademarks in the
18 Nicole USA logo and other features of its handbags, including its metal emblems
19 and nameplates:
20
21
22
23
14.
For many years, Nicole Lee has been marketing, distributing, offering
24 for sale and selling handbags and related accessories bearing its copyrighted artwork
25 and logos.
26
15.
Nicole Lee has expended substantial time and energy in developing its
27 line into a widely recognized unique brand of handbags with substantial goodwill
28 and a worldwide client base. Nicole Lees handbags have been featured in popular
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1 and influential fashion magazines, including but not limited to Allure, Lucky,
2 Glamour, Cosmopolitan, O, People and Fashion. They have also been displayed at
3 numerous tradeshows and runway shows, and have been affiliated with the popular
4 television program Dancing With The Stars.
5
6
NICOLE LEES COPYRIGHTED ARTWORK

16.
Nicole Lee holds copyrights in the following original two-dimensional
7 artwork (collectively, the NL Copyrighted Artwork):

8
Registration
Common Name
(1) Copyright VA 1-879-224 (Ex. A)
Marina Design
10
(2) Copyright VA 1-879-483 (Ex. B)
City Look Design
11
(3) Copyright VA 1-879-239 (Ex. C)
Bicycle Design
12
(4) Copyright VA 1-815-902 (Ex. D)
Clock Tower Design
13
(5) Copyright VA 1-815-902 (Ex. D)
Telephone Booth
14
(6) Copyright VA 1-879-233 (Ex. E)
Sandra Design
15
(7) Copyright VA 1-892-243 (Ex. F)
Shopping Girl Design
16
(8) Copyright VA 1-845-595 (Ex. G)
Gina Design
17
(9) Copyright VA 1-919-205 (Ex. H)
Suzy Design
18
(10) Copyright VA 1-816-110 (Ex. I)
Thoughts of You Design
19
(11) Copyright VA 1-919-205 (Ex. J)
Europe Design
20
(12) Copyright VA 1-845-595 (Ex. K)
Lucia Design
21
17.
Nicole Lee registered the NL Copyrighted Artwork with the United
22 States Copyright Office on the following dates: (1) Marina DesignSeptember 30,
23 2013; (2) City Look DesignSeptember 13, 2013; (3) Bicycle DesignSeptember
24 13, 2013; (4) Clock Tower DesignMay 23, 2012; (5) Telephone Booth Design
25 May 23, 2013; (6) Sandra DesignSeptember 30, 2013; (7) Shopping Girl
26 DesignDecember 9, 2013; (8) Gina DesignJanuary 15, 2013; (9) Suzy
27 DesignMay 29, 2014; (10) Thoughts of You DesignMay 24, 2012; (11) Europe
28 DesignMay 29, 2014; and (12) Lucia DesignJanuary 15, 2013.
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18.
Prior to the acts complained of herein, Nicole Lee sold handbags
2 bearing the NL Copyrighted Artwork to consumers, retailers, and distributors in the

3 fashion and apparel industries.
4
19.
Nicole Lees handbags bearing the NL Copyrighted Artwork are
5 readily available to the public, including to Defendants, on Nicole Lees website, on

6 third-party websites, in catalogues, in newspapers, in magazines and other
7 marketing outlets, and at trade shows.
8
9
NICOLE LEES TRADE DRESS

20.
Nicole Lee manufactures and sells a line of handbags utilizing various
10 combinations of its copyrighted works, trademarked logos, nameplates, and

11 distinctive design characteristics (the NL Designs). For example, its Sandra
12 design is utilized on business totes, satchels, handbags, and wallets, and variously
13 combines the Sandra copyright with Nicole Lees other design characteristics:
14
15
16
17
21.
The NL Designs, including without limitation the total image and
18 appearance reflected in such features as the size, shape, color or color combinations,
19 product design, texture, and selection and arrangement of materials and accessories,
20 are distinctive and nonfunctional (the NL Trade Dress).
21
22.
The NL Trade Dress additionally consists of using a combination of
22 (1) An artistic depiction of a stylish woman; and (2) one or more of the other
23 following elements associated with Nicole Lee:
24
a. A foreign cityscape or leopard print background;
25
b. A circular logo, consisting of an outer and inner circle, with
26
initials and/or the brand name (often printed on the handbag and/or
27
displayed on a vellum hang tag);
28
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c. A rectangular nameplate with rounded ends and the brand name
written in red (which may be placed on leather background);
d. A pyramid-shaped lock with the brand name in red;
e. Leather trim with studs;
f. Faux animal print around zippers, on trim, on buckles, or as
adornment;
g. Beige lining with small graphics and brand name in the following
design: line drawings of objects, dessert food items, coffee drinks,
handbags and other accessories; interspersed with the brand name in
10
various fonts; and with the images and name highlighted intermittently
11
with red and blue accents; and
12
h. The face of a lion.
13
23.
The appearance, nature, and mood of the NL Trade Dress is of such an
14 unusual design that a customer would immediately rely on it to ascertain the source
15 of the product.
16
24.
The NL Trade Dress is readily available to the public on Nicole Lees
17 website, on third-party websites, in catalogues, in newspapers, in magazines and

18 other marketing outlets, and at trade shows.
19
25.
Based on the sales and marketing of the NL Designs, the NL Trade
20 Dress has developed a secondary meaning and significance in the minds of the
21 purchasing public, and the NL Designs, and NL Trade Dress are immediately
22 identified by the public with Nicole Lee.
23
24
DEFENDANTS COPYRIGHT AND TRADE DRESS INFRINGEMENT

26.
Until recently, BLKs handbags sold under the brand name Michael
25 Michelle did not resemble Nicole Lees handbags and they utilized a trademarked
26 laurel wreath logo (MM Laurel Wreath Logo) that bears no resemblance to Nicole
27 Lees trademarked logos:
28
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1
2
3
4
27.
In or about October 2014, BLK circulated linesheets to its customers
5 soliciting orders of its recent collection of handbags, wallets and related accessories.
6 Included in the linesheets were images of BLKs products bearing printed designs
7 that appeared substantially similar to Nicole Lees recent designs, including designs
8 that included the NL Trade Dress.
9
28.
Indeed, a simple comparison of the NL Designs and Defendants
10 infringing products (the Infringing Designs) demonstrates the confusion being

11 created in the marketplace by BLKs substantially similar handbags:
12
NL Design
13
Copyright VA 1-879-233 (Sandra Design)
Infringing Design
14
15
16
17
18
19
20
Copyright VA 1-892-243 (Shopping Girl
21
Design)
22
23
24
25
26
27
28
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NL Design
Copyright VA 1-815-902 (Clock Tower &
Telephone Booth Design)
Infringing Design
4
5
6
7
8
9
10
11
12
13
14
15
29.
Furthermore, on its new handbags, BLK had replaced its registered
MM Laurel Wreath Logo with a new unregistered circular logo, consisting of the
initials MM within the inner circle of a double circle (the MM Circular Logo).
The new unregistered MM Circular Logo is confusingly similar to Nicole Lees
trademarked circular logo:
NL Circular Logo
MM Circular Logo
16
17
18
19
20
21
22
23
30.
In fact, upon information and belief, Defendants replaced the MM
24 Laurel Wreath Logo with the infringing MM Circular Logo only after Defendants
25 began to copy Nicole Lees handbag designs.
26
31.
Defendants use of a copy or colorable imitation of the NL Designs and
27 NL Trade Dress has been without Nicole Lees consent, is likely to cause confusion
28 and mistake in the minds of the purchasing public, and has damaged and is
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1 damaging Nicole Lees valuable intellectual property rights by creating the false
2 impression that Defendants and/or Defendants Infringing Designs are authentic NL
3 Designs, or are authorized, sponsored, or approved by Nicole Lee, when in fact, they
4 are not.
5
32.
6 Defendants have infringed, are infringing, and unless stopped will continue to
7 infringe the NL Trade Dress by advertising, distributing, selling, and/or offering for
8 sale unauthorized products that unlawfully copy or imitate the unique, distinctive,
9 and non-functional trade dress of the NL Designs.
10
33.
After learning about BLKs infringing activities, Nicole Lee reached
11 out to BLK to discuss BLKs trade dress infringement. Nicole Lee informed BLK
12 that it was actively enforcing its rights in a similar dispute with another
13 manufacturer of handbags and accessories, and demanded that BLK cease and desist
14 its trade dress infringement.
15
34.
Rather than resolve these issues with Nicole Lee, BLK escalated its
16 conduct. In early 2015, BLK circulated new linesheets with its latest collection,
17 which contained handbags, wallets and accessories displaying designs identical to
18 the Marina, Bicycle, and City Look Designs. Specifically, BLKs linesheets
19 depicted handbags bearing copies of three of Nicole Lees copyrighted works,
20 including the (1) Marina Design, (2) City Look Design, and (3) Bicycle Design.
21
35.
Indeed, from the comparison of Nicole Lees copyrighted works (left)
22 and the infringing copyrighted works (right) set forth below, it is readily apparent
23 that the elements, composition, arrangement, layout, and appearance of the works of
24 art are virtually identical, strikingly similar, or at a minimum, substantially similar:
25
26
27
28
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1
2
3
NL Copyrighted Artwork
Infringing Copyrighted Works
Copyright VA 1-879-224 (Marina Design)
4
5
6
7
8
9
10 Copyright VA 1-879-239 (City Look Design)
11
12
13
14
15
16
17
Copyright VA 1-879-483 (Bicycle Design)
18
19
20
21
22
23
24
36.
BLKs linesheets also depicted handbags bearing copies of the female
25 model from Nicole Lees City Look Design. As shown below, on at least one
26 handbag, BLK lifted the exact image of one of Nicole Lees female models from the
27 City Look Design:
28
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1
2
3
4
5
6
7
8
9
37.
During the week of March 2, 2015, representatives from Nicole Lee
10 were at the ASD Market Week trade show in Las Vegas and viewed products at
11 BLKs booth, and many of the Michael Michelle handbags on display were virtually
12 identical to Nicole Lees copyrighted artwork and designs.
13
38.
In March 2015, Nicole Lee moved for a preliminary injunction in the
14 instant action to prohibit BLK from further infringing Nicole Lees Marina, City
15 Look and Bicycle Designs. The Parties briefing on the preliminary injunction
16 motion revealed that BLK has infringed at least five additional Nicole Lee
17 copyrighted works. Nicole Lee is informed and believes that BLK obtained these
18 copyrighted images from a third-party vendor that had access to Nicole Lees
19 copyrighted images.
20
39.
From the comparison of Nicole Lees copyrighted works (left) and the
21 infringing copyrighted works (right) set forth below, it is readily apparent that the
22 elements, composition, arrangement, layout, and appearance of the works of art are
23 virtually identical, strikingly similar, or at a minimum, substantially similar:
24
25
26
27
28
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1
2
NL Copyrighted Artwork
Registration VA 1-845-595
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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40.
In May 2015, the Court issued a preliminary injunction enjoinging
2 BLK from infringing the Marina, City Look and Bicycle Designs. In August 2015,
3 however, Nicole Lee discovered that BLK is willfully manufacturing, distributing
4 and selling identical copies of Nicole Lees Suzy Design and Thoughts of You
5 Design:
6
7
8
Nicole Lee Copyrighted Artwork
Registration VA 1-919-205 (Suzy Design)
9
10
11
12
13
14
15
16
17
18
Copyright VA 1-816-110
(Thoughts of you Design)
PB1504-2 L. COFFEE
19
20
21
22
23
24
25
26
27
28
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41.
Nicole Lee is informed and believes, and on that basis alleges, that
2 BLK is also willfully infringing the other designs disclosed in the preliminary
3 injunction briefing: the Gina Design, the Thoughts of You Design, the Europe
4 Design, and the Lucia Design.
5
42.
BLKs handbags and wallets are of an inferior quality to, and sell for
6 significantly less than, authentic Nicole Lee bags and wallets.

7
43.
Defendants exact copying of the NL Copyrighted Artwork and use of
8 the MM Circular Logo in lieu of the Nicole Lee circular logo is intentional,
9 malicious and a willful infringement of Nicole Lees intellectual property rights.
10
44.
11 without Nicole Lees authorization, Defendants, and each of them, have, are, and
12 will continue to advertise, purchase, sell, manufacture, cause to be manufactured,
13 import and/or distribute their unauthorized products in this judicial district and
14 throughout the United States.
15
45.
16 Defendants, and each of them, have committed willful and intentional infringement
17 of the NL Trade Dress and NL Copyrighted Artwork with actual or constructive
18 knowledge of Nicole Lees rights and/or in blatant disregard for Nicole Lees rights.
19
46.
With full knowledge that Nicole Lees works include protected
20 intellectual property, Defendants have copied Nicole Lees protected copyrights and
21 trade dress and have damaged Nicole Lee in an amount to be proved at trial, but
22 believed to be in excess of $1,000,000.00.
23
FIRST CLAIM FOR RELIEF
24
(Copyright Infringement of Marina Design Against All Defendants)
25
47.
Nicole Lee incorporates by reference each and every allegation
26 contained in paragraphs 1 through 46 above.

27
48.
On September 30, 2013, Nicole Lee obtained a registered copyright in
28 the Marina Design, Copyright VA 1-879-224. (See Exhibit A.)

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49.
Defendants have unlawfully reproduced, distributed, displayed, created
2 derivative works from, and/or otherwise copied the Marina Design since 2014.
3
50.
4 Defendants had access to the Marina Design, including without limitation, through
5 (a) Nicole Lees retail and online stores; (b) Nicole Lees linesheets and e-mails;
6 (c) catalogues and newspapers; (d) trade shows and fashion shows where the Marina
7 Design was displayed; (e) Nicole Lees strike-offs and samples; and (f) handbags
8 being sold in the marketplace bearing the Marina Design.
9
51.
Defendants infringing Marina Design is composed of elements,
10 composition, arrangement, layout, and appearance that is identical, strikingly

11 similar, or at least substantially similar to Nicole Lees Marina Design.
12
52.
13 without Nicole Lees authorization, Defendants reproduced, distributed, and/or sold

14 handbags or other products bearing an infringing Marina Design through a network
15 of wholesale distributors, retail stores, and online outlets.
16
53.
Due to Defendants acts of infringement, Nicole Lee has no adequate
17 remedy at law and is entitled to injunctive relief pursuant to 17 U.S.C. 502(a) and
18 impoundment of infringing goods pursuant to 17 U.S.C. 503(a).
19
54.
Due to Defendants acts of infringement, Nicole Lee has suffered
20 substantial damages to its business, including having suffered general and special
21 damages, in an amount to be established at trial.
22
55.
Due to Defendants acts of infringement, Defendants have obtained
23 direct and indirect profits they would not otherwise have realized but for the
24 infringement of Nicole Lees Marina Design. Nicole Lee is thus entitled to
25 disgorgement of Defendants profits directly and indirectly attributable to the
26 infringement of the Marina Design in an amount to be established at trial.
27
56.
28 Defendants acts of infringement were, and continue to be, willful, intentional and
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1 malicious, subjecting Defendants, and each of them, to liability for statutory

2 damages under Section 504(c)(2) of the Copyright Act in the sum of up to one
3 hundred fifty thousand dollars ($150,000) per infringement of the Marina Design.
4
57.
Nicole Lee is also entitled to recover its attorneys fees and costs
5 pursuant to 17 U.S.C. 505.

6
SECOND CLAIM FOR RELIEF
(Copyright Infringement of City Look Design Against All Defendants)
58.

10
59.
11 the City Look Design, Copyright No. VA 1-879-483. (See Exhibit B.)
12
60.
13 derivative works from, and/or otherwise copied the City Look Design since 2014.
14
61.
15 Defendants had access to the City Look Design, including without limitation,
16 through (a) Nicole Lees retail and online stores; (b) Nicole Lees linesheets and e17 mails; (c) catalogues and newspapers; (d) trade shows and fashion shows where the
18 City Look Design was displayed; (e) Nicole Lees strike-offs and samples; and
19 (f) handbags being sold in the marketplace bearing the City Look Design.
20
62.
Defendants infringing City Look Design is composed of elements,

22 similar, or at least substantially similar to Nicole Lees City Look Design.
23
63.

25 handbags or other products bearing an infringing City Look Design through a
26 network of wholesale distributors, retail stores, and online outlets.
27
28
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64.
4
65.
7
66.
9 infringement of Nicole Lees City Look Design. Nicole Lee is thus entitled to
11 infringement of the City Look Design in an amount to be established at trial.
12
67.
16 hundred fifty thousand dollars ($150,000) per infringement of the City Look Design.
17
68.

19
THIRD CLAIM FOR RELIEF
20
(Copyright Infringement of Bicycle Design Against All Defendants)
21
69.

23
70.
24 the Bicycle Design, Copyright No. VA 1-879-239. (See Exhibit C.)

25
71.
26 derivative works from, and/or otherwise copied the Bicycle Design since 2014.
27
72.
28 Defendants had access to the Bicycle Design, including without limitation, through
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2 (c) catalogues and newspapers; (d) trade shows and fashion shows where the
3 Bicycle Design was displayed; (e) Nicole Lees strike-offs and samples; and
4 (f) handbags being sold in the marketplace bearing the Bicycle Design.
5
73.
Defendants infringing Bicycle Design is composed of elements,

7 similar, or at least substantially similar to Nicole Lees Bicycle Design.
8
74.

10 handbags or other products bearing an infringing Bicycle Design through a network
12
75.
15
76.
18
77.
20 infringement of Nicole Lees Bicycle Design. Nicole Lee is thus entitled to
22 infringement of the Bicycle Design in an amount to be established at trial.
23
78.
27 hundred fifty thousand dollars ($150,000) per infringement of the Bicycle Design.
28
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79.

3
FOURTH CLAIM FOR RELIEF
(Contributory and/or Vicarious Copyright Infringement Against All Defendants)
80.
Nicole Lee repeats and realleges each and every allegation contained in
6 paragraphs 1 through 79 above and 109-163 below as if fully set forth herein.
7
81.
8 Defendants, and each of them, knowingly induced, participated in, aided and abetted
9 in, and profited from the illegal reproduction and/or subsequent sales of products
10 featuring the infringing copyrighted artwork.
11
82.
12 Defendants, and each of them, are vicariously liable for the infringement alleged
13 herein because they had the right and ability to supervise the infringing conduct and
14 because they had a direct financial interest in the infringing conduct.
15
83.
18
84.
By reason of the Defendants acts of contributory and vicarious
19 infringement, Nicole Lee has suffered and will continue to suffer substantial
20 damages to its business, as well as additional general and special damages, in an
21 amount to be established at trial.
22
85.
24 infringement of Nicole Lees copyrights. Nicole Lee is thus entitled to
25 disgorgement of Defendants profits directly and indirectly attributable to
26 Defendants infringement of Nicole Lees copyrights in an amount to be established
27 at trial.
28
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86.
2 Defendants acts of infringement were willful, intentional and malicious, which

3 further subjects Defendants to liability for statutory damages under Section
4 504(c)(2) of the Copyright Act, 17 U.S.C. 504(c)(2), in the sum of up to one
5 hundred fifty thousand dollars ($150,000) per infringement of each registered
6 copyrighted work.
7
87.

9
FIFTH CLAIM FOR RELIEF
10
(Trade Dress Infringement Against All Defendants)
11
88.
Plaintiff incorporates by reference each and every allegation contained
12 in paragraphs 1 through 46 above.

13
89.
The NL Trade Dress, as described above, is nonfunctional.
14
90.
For many years, Nicole Lee has used the NL Trade Dress in interstate
15 commerce to identify the source of its products, and in particular, the NL Designs,
16 and to distinguish its products from others by prominently displaying the NL Trade
17 Dress in advertising, promotional literature, and on display materials. Through this
18 extended use and association, the NL Trade Dress has acquired a strong consumer
19 awareness and secondary meaning.
20
91.
Nicole Lee is informed and believes, and on that basis alleges, that
21 commencing at some time unknown to Nicole Lee, and without Nicole Lees
22 consent, Defendants have manufactured, advertised, offered for sale, and have
23 engaged in the sale and distribution of products bearing the NL Trade Dress, and
24 have marketed products confusingly similar to the NL Designs and have profited
25 from their conduct.
26
92.
Defendants products are substantially indistinguishable from and a
27 blatant and obvious imitation of the NL Trade Dress. The NL Trade Dress and the
28
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1 appearance of Defendants handbags, create the same general overall impression

2 and have the same look and feel.
3
93.
Nicole Lee is informed and believes, and on that basis alleges, that the
4 similarities between the NL Trade Dress and the appearance of Defendants

5 products are not a mere coincidence, and the Infringing Designs were designed
6 intentionally to mimic the NL Trade Dress and NL Designs, with the intention to
7 create the false impression that Defendants products are associated with and
8 emanate from Nicole Lee.
9
94.
Defendants have without permission, willfully, and with the intention
10 of benefiting from the reputation and good will of Nicole Lee, imitated inter alia the
11 shape, coloring, font, size, style, layout, design, and appearance of the NL Trade
12 Dress elements.
13
95.
There is thus a substantial likelihood of confusion to consumers
14 between the NL Trade Dress and NL Designs, on the one hand; and Defendants
15 products and advertising, on the other hand. As a consequence, Defendants
16 Infringing Designs are likely to deceive and divert customers away from Nicole
17 Lees genuine products.
18
96.
Defendants conduct constitutes trade dress infringement in violation of
19 Section 43(a) of the Lanham Act (15 U.S.C. 1125(a)). As a direct and proximate
20 result of the willful and wanton conduct of Defendants, Nicole Lee has been injured
21 and will continue to suffer irreparable injury to its business and reputation unless
22 Defendants are restrained by this Court from infringing the NL Trade Dress.
23
97.
Nicole Lee has no adequate remedy at law and is entitled to injunctive
24 relief pursuant to 15 U.S.C. 1116(a).

25
98.
Nicole Lee is entitled to recover its actual damages and Defendants
26 profits pursuant to 15 U.S.C. 1117(a); treble damages pursuant to 15 U.S.C.

27 1117(a); and impoundment and destruction of all infringing goods pursuant to
28 15 U.S.C. 1118.
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99.

3
SIXTH CLAIM FOR RELIEF
(Cal. Bus. & Prof. Code 17200, et seq., Against All Defendants)
100. Nicole Lee repeats and realleges each and every allegation contained in
6 paragraphs 1 through 46, and 88 through 99 above as if fully set forth herein.
7
101. Californias Unfair Competition Law (UCL), Business & Professions
8 Code 17200, et seq., prohibits any unlawful, unfair, or fraudulent business act or
9 practice, and unfair, deceptive, untrue or misleading advertising.
10
102. Through Nicole Lees extensive use of its copyrights, trademarks, and
11 designs, its NL Trade Dress has become famous and well-known indicators of the
12 origin and quality of goods sold by Nicole Lee.
13
103. Defendants have used and are using the Infringing Designs in
14 connection with the advertising and selling of goods in an unlawful, unfair and
15 fraudulent manner so as to create a likelihood of confusion among prospective
16 purchasers as to the source of goods, which has damaged, impaired, and diluted the
17 goodwill of Nicole Lee and caused immediate and irreparable damages.
18
104. Defendants circulation of its linesheets and other conduct constitutes a
19 fraudulent business practice and unfair, deceptive, untrue or misleading advertising.

20
105. Defendants use of the MM Circular Logo in connection with its
21 infringement of Nicole Lees trade dress and copyrights is an unlawful, unfair or

22 fraudulent business practice, which has damaged, impaired, and diluted the goodwill
23 of Nicole Lee and caused immediate and irreparable damages.
24
106. The aforesaid conduct of Defendants constitute unfair competition in
25 violation of Cal. Bus. & Prof. Code 17200, et seq.

26
107. Defendants conduct is causing immediate and irreparable injury to
27 Nicole Lee and will continue both to damage Nicole Lee and deceive the public
28 until enjoined by this Court. Nicole Lee has no adequate remedy at law.
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108. Upon information and belief, Defendants have received substantial
2 revenues and substantial profits arising out of their acts of unfair competition to
3 which they are not entitled, and Nicole Lee has also suffered an injury in fact, and
4 lost money or property as a result of Defendants acts of unfair competition, for
5 which Defendants are responsible.
6
109. Defendants unlawful, unfair and fraudulent business acts or practices
7 entitle Nicole Lee to the remedies available under the UCL, including injunctive
8 relief, restitution, and such other and further relief as the Court may deem proper.
9
SEVENTH CLAIM FOR RELIEF
10
(Copyright Infringement of Gina Design Against All Defendants)
11
110. Nicole Lee incorporates by reference each and every allegation

13
111. On January 15, 2013, Nicole Lee obtained a registered copyright in the
14 Gina Design, Copyright No. VA 1-845-595. (See Exhibit G.)

15
112. Nicole Lee is informed and believes, and on that basis alleges that
16 Defendants have unlawfully reproduced, distributed, displayed, created derivative

17 works from, and/or otherwise copied the Gina Design since 2014.
18
19 Defendants had access to the Gina Design, including without limitation, through
21 (c) catalogues and newspapers; (d) trade shows and fashion shows where the Gina
23 being sold in the marketplace bearing the Gina Design.
24
114. Defendants infringing Gina Design is composed of elements,

26 similar, or at least substantially similar to Nicole Lees Gina Design.
27

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1 handbags or other products bearing an infringing Gina Design through a network of

2 wholesale distributors, retail stores, and online outlets.
3
116. Due to Defendants acts of infringement, Nicole Lee has no adequate
6
117. Due to Defendants acts of infringement, Nicole Lee has suffered
9
118. Due to Defendants acts of infringement, Defendants have obtained
11 infringement of Nicole Lees Gina Design. Nicole Lee is thus entitled to
13 infringement of the Gina Design in an amount to be established at trial.
14
18 hundred fifty thousand dollars ($150,000) per infringement of the Gina Design.
19
120. Nicole Lee is also entitled to recover its attorneys fees and costs

21
22
EIGHTH CLAIM FOR RELIEF
23
(Copyright Infringement of Suzy Design Against All Defendants)
24

26
122. On May 29, 2014, Nicole Lee obtained a registered copyright in the
27 Suzy Design, Copyright No. VA 1-919-205. (See Exhibit H.)

28
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123. Defendants have unlawfully reproduced, distributed, displayed, created
2 derivative works from, and/or otherwise copied the Suzy Design since 2014.
3
4 Defendants had access to the Suzy Design, including without limitation, through
6 (c) catalogues and newspapers; (d) trade shows and fashion shows where the Suzy
8 being sold in the marketplace bearing the Suzy Design.
9
125. Defendants infringing Suzy Design is composed of elements,

11 similar, or at least substantially similar to Nicole Lees Suzy Design.
12

14 handbags or other products bearing an infringing Suzy Design through a network of
16
19
22
24 infringement of Nicole Lees Suzy Design. Nicole Lee is thus entitled to
26 infringement of the Suzy Design in an amount to be established at trial.
27
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3 hundred fifty thousand dollars ($150,000) per infringement of the Suzy Design.
4

6
NINTH CLAIM FOR RELIEF
(Copyright Infringement of Thoughts of You Design Against All Defendants)

10
11 Thoughts of You Design, Copyright No. VA 1-816-110. (See Exhibit I.)

12

14 works from, and/or otherwise copied the Thoughts of You Design since 2014.
15
16 Defendants had access to the Thoughts of You Design, including without limitation,
17 through (a) Nicole Lees retail and online stores; (b) Nicole Lees linesheets and e18 mails; (c) catalogues and newspapers; (d) trade shows and fashion shows where the
19 Thoughts of You Design was displayed; (e) Nicole Lees strike-offs and samples;
20 and (f) handbags being sold in the marketplace bearing the Thoughts of You Design.
21
136. Defendants infringing Thoughts of You Design is composed of
22 elements, composition, arrangement, layout, and appearance that is identical,

23 strikingly similar, or at least substantially similar to Nicole Lees Thoughts of You
24 Design.
25

27 handbags or other products bearing an infringing Thoughts of You Design through a
28 network of wholesale distributors, retail stores, and online outlets.
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4
7
9 infringement of Nicole Lees Thoughts of You Design. Nicole Lee is thus entitled
10 to disgorgement of Defendants profits directly and indirectly attributable to the
11 infringement of the Thoughts of You Design in an amount to be established at trial.
12
16 hundred fifty thousand dollars ($150,000) per infringement of the Thoughts of You
17 Design.
18

20
21
TENTH CLAIM FOR RELIEF
22
(Copyright Infringement of Europe Design Against All Defendants)
23

25
26 Europe Design, Copyright No. VA 1-919-205. (See Exhibit J.)

27
28
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3 works from, and/or otherwise copied the Europe Design since 2014.
4
5 Defendants had access to the Europe Design, including without limitation, through
6 (a) Nicole Lees retail and online stores; (b) Nicole Lees linesheets and e-mails; (c)
7 catalogues and newspapers; (d) trade shows and fashion shows where the Europe
9 being sold in the marketplace bearing the Europe Design.
10
147. Defendants infringing Europe Design is composed of elements,

12 similar, or at least substantially similar to Nicole Lees Europe Design.
13

15 handbags or other products bearing an infringing Europe Design through a network
17
20
23
25 infringement of Nicole Lees Europe Design. Nicole Lee is thus entitled to
27 infringement of the Europe Design in an amount to be established at trial.
28
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5 hundred fifty thousand dollars ($150,000) per infringement of the Europe Design.
6

8
ELEVENTH CLAIM FOR RELIEF
(Copyright Infringement of Lucia Design Against All Defendants)
10

12
155. On January 15, 2013, Nicole Lee obtained a registered copyright in the
13 Lucia Design, Copyright No. VA 1-845-595. (See Exhibit K.)

14

16 works from, and/or otherwise copied the Lucia Design since 2014.
17
18 Defendants had access to the Lucia Design, including without limitation, through (a)
19 Nicole Lees retail and online stores; (b) Nicole Lees linesheets and e-mails; (c)
20 catalogues and newspapers; (d) trade shows and fashion shows where the Lucia
22 being sold in the marketplace bearing the Lucia Design.
23
158. Defendants infringing Lucia Design is composed of elements,

25 similar, or at least substantially similar to Nicole Lees Lucia Design.
26

28
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1 handbags or other products bearing an infringing Lucia Design through a network of

3
6
9
11 infringement of Nicole Lees Lucia Design. Nicole Lee is thus entitled to
13 infringement of the Lucia Design in an amount to be established at trial.
14
18 hundred fifty thousand dollars ($150,000) per infringement of the Lucia Design.
19

PRAYER FOR RELIEF
21
22
WHEREFORE, Nicole Lee respectfully requests that the Court enter
23 judgment against Defendants as follows:

24
1.
Directing that Defendants, their officers, directors, agents,
25 representatives, successors or assigns, and all persons acting in concert or in

26 participation with any of them, be immediately and permanently enjoined from
27 infringing Nicole Lees copyrights in any manner;
28
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2.
That Nicole Lee be awarded all damages it has sustained or will sustain
2 by reason of Defendants infringement of the Marina, City Look, Bicycle, Gina,

3 Suzy, Thoughts of You, Europe, and Lucia Designs as allowed by 17 U.S.C. 504,
4 or, in Nicole Lees discretion, statutory damages pursuant to 17 U.S.C. 504(c) of
5 up to $150,000 per infringement of the Marina, City Look, Bicycle, Gina, Suzy,
6 Thoughts of You, Europe, and Lucia Designs, and that all infringing goods be
7 impounded and destroyed pursuant to 17 U.S.C. 503(a).
8
3.
9 representative, successors or assigns, and all persons acting in concert or in

11 infringing the NL Trade Dress in any manner;
12
4.
That Nicole Lee be awarded all damages it has sustained or will sustain
13 by reason of Defendants acts of trade dress infringement, that such sums be trebled
14 pursuant to 15 U.S.C. 1117, and that all infringing goods be impounded and
15 destroyed pursuant to 15 U.S.C. 1116(a);
16
5.
That Nicole Lee be awarded all of Defendants profits from its acts and
17 omissions as alleged above, according to proof at trial;

18
6.
19 representative, successors or assigns, and all persons acting in concert or in

21 engaging in any unlawful, unfair, or fraudulent business act or practice, and any
22 unfair, deceptive, untrue or misleading advertising;
23
7.
That Nicole Lee be awarded full and complete restitution, and any
24 other amounts that are recoverable under Cal. Bus. & Prof. Code 17200, et seq.;
25
8.
That Nicole Lee be awarded exemplary and punitive damages to deter
26 any further willful infringement as the Court finds appropriate;

27
9.
That Nicole Lee be awarded its reasonable attorneys fees pursuant to
28 15 U.S.C. 1117(a) and 17 U.S.C. 505, or as may otherwise be awardable;

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10.
That Nicole Lee be awarded the costs of this action and pre-judgment
2 interest as allowed by law; and

3
11.
That Nicole Lee be awarded any other and further relief as this Court
4 deems just and proper.

5
6 DATED: September __,
2 2015
7
8
CALDWELL LESLIE & PROCTOR, PC

ROBYN C. CROWTHER
MICHAEL D. ROTH
KIMBERLY M. SINGER
9
10
11
12
By
/S/
ROBYN C. CROWTHER
Attorneys for Plaintiff Nicole, Inc.
13
14
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16
17
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Nicole Lee v. BLK International - Trademark Complaint PDF

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Nicole Lee v. BLK International - Trademark Complaint PDF

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Case 2:15-cv-01892-RGK-E Document 42 Filed 09/02/15 Page 1 of 33 Page ID #:530

1 CALDWELL LESLIE & PROCTOR, PC

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA, WESTERN DIVISION

16 B.L.K. INTERNATIONAL, INC., a

Case No. CV 15-01892-RGK (Ex)

April 12, 2016

Case 2:15-cv-01892-RGK-E Document 42 Filed 09/02/15 Page 2 of 33 Page ID #:531

2 Defendants B.L.K. INTERNATIONAL, INC., a California corporation, and

NATURE AND SUMMARY OF ACTION

Nicole Lee is a Los Angeles based handbag company. It specializes in

This is a straightforward action for copyright and trade dress

13 infringement. Under the names B.L.K. International, and Michael Michelle or

20 stop Defendants infringing conduct.

Plaintiff Nicole, Inc. is a California corporation with its principal place

27 Defendant B.L.K. International, Inc. (BLK) is a California corporation with its

Case 2:15-cv-01892-RGK-E Document 42 Filed 09/02/15 Page 3 of 33 Page ID #:532

5 Defendant SANJAY KHULLAR (Khullar) is the President of Defendant BLK.

Case 2:15-cv-01892-RGK-E Document 42 Filed 09/02/15 Page 4 of 33 Page ID #:533

JURISDICTION AND VENUE

7 District of California under 28 U.S.C. 1391(b)(1), (b)(2), and 1400(a), in that

Nicole Lee is a manufacturer of originally designed handbags, jewelry,

As discussed in detail below, Nicole Lee holds various copyrights

16 related to the artwork and features of its handbags.

Case 2:15-cv-01892-RGK-E Document 42 Filed 09/02/15 Page 5 of 33 Page ID #:534

NICOLE LEES COPYRIGHTED ARTWORK

Nicole Lee holds copyrights in the following original two-dimensional

7 artwork (collectively, the NL Copyrighted Artwork):

(1) Copyright VA 1-879-224 (Ex. A)

(2) Copyright VA 1-879-483 (Ex. B)

City Look Design

(3) Copyright VA 1-879-239 (Ex. C)

(4) Copyright VA 1-815-902 (Ex. D)

Clock Tower Design

(5) Copyright VA 1-815-902 (Ex. D)

(6) Copyright VA 1-879-233 (Ex. E)

(7) Copyright VA 1-892-243 (Ex. F)

Shopping Girl Design

(8) Copyright VA 1-845-595 (Ex. G)

(9) Copyright VA 1-919-205 (Ex. H)

(10) Copyright VA 1-816-110 (Ex. I)

Thoughts of You Design

(11) Copyright VA 1-919-205 (Ex. J)

(12) Copyright VA 1-845-595 (Ex. K)

Nicole Lee registered the NL Copyrighted Artwork with the United

Case 2:15-cv-01892-RGK-E Document 42 Filed 09/02/15 Page 6 of 33 Page ID #:535

Prior to the acts complained of herein, Nicole Lee sold handbags

2 bearing the NL Copyrighted Artwork to consumers, retailers, and distributors in the

Nicole Lees handbags bearing the NL Copyrighted Artwork are

5 readily available to the public, including to Defendants, on Nicole Lees website, on

NICOLE LEES TRADE DRESS

Nicole Lee manufactures and sells a line of handbags utilizing various

10 combinations of its copyrighted works, trademarked logos, nameplates, and

The NL Designs, including without limitation the total image and

The NL Trade Dress additionally consists of using a combination of

a. A foreign cityscape or leopard print background;

b. A circular logo, consisting of an outer and inner circle, with

displayed on a vellum hang tag);

Case 2:15-cv-01892-RGK-E Document 42 Filed 09/02/15 Page 7 of 33 Page ID #:536

c. A rectangular nameplate with rounded ends and the brand name

written in red (which may be placed on leather background);

d. A pyramid-shaped lock with the brand name in red;

e. Leather trim with studs;