Complaint-Christian Louboutin v. Yang, et al. (S.D.N.Y.
Transcription
Complaint-Christian Louboutin v. Yang, et al. (S.D.N.Y.
Case 1:10-cv-05475-BSJ Document 1 Filed 07/19/2010 Page 1 of 38 JUDGE JONES,k.,, Harley I. Lewin McCarter & English, LLP 245 Park Avenue, 27th Floor New York, NY 10167 Tel: (212) 609-6800 Fax: (212) 609-6921 .....---------Wri -----tL \R____a". . ., i XL 1 g Z°1/ UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CASHIERS CHRISTIAN LOUBOUTIN S.A. and CHRISTIAN LOUBOUTIN, Plaintiffs, CIVIL ACTION NO.: V. COMPLAINT AND KUO-HSIN YANG a/k/a SAM YANG a/k/a STAN YANG; KIMERA INTERNATIONAL,: INC. a/k/a LILIANA SHOES a/ka/ LILIANA f/ka/ LILIANA FOOTWEAR; and LILIANA a/k/a LILIANA SHOES f/k/a LILIANA FOOTWEAR; and JOHN AND JANE DOES A-: Z (UNIDENTIFIED); and XYZ COMPANIES 1-: 10 JURY DEMAND (UNIDENTIFIED), Defendants. X Plaintiffs, Christian Louboutin S.A. and Christian Louboutin (collectively, "Plaintiffs") file this Complaint and state as follows: JURISDICTION AND VENUE This is 1. trademark an action for injunctive relief and damages for trademark infringement, counterfeiting, trademark dilution, unfair competition arising under Trademark MEI 10032901v.1 the Trademark Act of 1946, 15 U.S.C. Counterfeiting Act of and false 1051, designation et seq., as of amended origin by the 1984, Public Law 98-473 (the "Lanham Act"), and for Case 1:10-cv-05475-BSJ trademark Document 1 infringement, trademark dilution, Filed 07/19/2010 and unfair Page competition under the 2 of 38 laws of the State of California. This Court has 2. original jurisdiction over 1116 and 1121. This Court has 1331, 1332 and 1338(a) and (b); and 15 U.S.C. pursuant the to principles claims for trademark supplemental jurisdiction of this action pursuant to 28 U.S.C. 1367 and 28 U.S.C. infringement, trademark dilution, and unfair competition jurisdiction over Plaintiffs' under the laws of the State of New York. This Court has 3. personal jurisdiction over Defendants in that they transact business in the State of New York and that Defendants' tortious conduct outside the State of New York has caused has its injury to Plaintiff and Plaintiff s property in the State of New York, where Plaintiff principal place of business in the United States. Venue is proper in this district under 28 U.S.C. 4. personal jurisdiction over Defendants 1391(c) because this Court has in this judicial district. THE PARTIES Plaintiff Christian Louboutin S.A. is 5. the laws of France, Paris, West France 75001 having its principal place ("Louboutin S.A."). a corporation, organized of business at 19 de rue Plaintiff also maintains a and existing under Jean-Jacques Rousseau, showroom and office at 306 38th Street, New York, NY, USA. Plaintiff Christian Louboutin is 6. France with Paragraphs an address at 1 5 and 6 MEI 10032901v.I are rue an Volney, Paris, hereinafter identified individual and France 75002. a citizen of the country of The Plaintiffs identified in collectively as "Plaintiffs". Document 1 Case 1:10-cv-05475-BSJ Yang is an individual residing Mr. Upon information and belief, at 1204 John Reed Yang is the owner Li liana Shoes and Li liana, and address and an formerly known conducting business as Yang a/k/a Court, City of Industry, California 91745. of Defendant Kimera International, Inc. Liliana Footwear, is at 17005 3 of 38 Sam Upon information and belief, Defendant Kimera International, Inc., 8. having Page Upon information and belief, Defendant Kuo-Hsin Yang a/k/a 7. Stan Filed 07/19/2010 a also known California as corporation Evergreen Place, Suite A, City of Industry, California 91745. Upon information and belief, 9. known Li liana Footwear, is as Kimera International, Inc. to an Li liana, also known unincorporated as Li liana Shoes, and fictitious unregistered and import and distribute footwear, having an entity formerly used by address at 827 Lawson Street, City of Industry, California 91748 and 17005 Evergreen Place, Suite A, City of Industry, California 91745. The referred to as parties identified are various individuals and entities State of North Carolina and through California and are hereinafter subject to amended to include the (each a the are jurisdiction are name or names "Doe" and as collectively various JOHN DOES and conducting business at various locations in the mark for further distribution and sale the United States, and DOES and JANE DOES defendants MEI 10032901v.I 9 elsewhere, including those individuals who purchased Defendants' goods bearing Plaintiffs' throughout available 7 Upon information and belief, Defendants identified JANE DOES and paragraphs the "Li liana Defendants". 10. counterfeit in this District present in and/or doing business in the State of of this Court. not through presently The identities of the various JOHN known and the Complaint herein will be of these individuals when such information becomes collectively "Does"). Document 1 Case 1:10-cv-05475-BSJ Upon information 11. agents, servants, and employees California and elsewhere, bearing Plaintiffs' mark United States, and are and belief, Defendants, the XYZ COMPANIES, are conducting those entities that including purchased for further distribution and sale herein will be amended, if appropriate, Defendants' counterfeit through this District and are not goods throughout the presently to known and the to include the names of the actual XYZ becomes available The collectively, "Defendant Companies"). hereinafter their present in and/or doing business in the State of California and subject Company Defendants when such information and through business at various locations in the State of the jurisdiction of this Court. The identities of such Defendants Complaint Page 4 of 38 Filed 07/19/2010 parties (each identified in a "Defendant paragraphs 7 Company" through 11 are collectively referred to as the "Defendants". BACKGROUND PLAINTIFFS' TRADEMARKS AND PRODUCTS In 12. and the first Christian Louboutin opened Louboutin 1991, Mr. Louboutin created the Christian Louboutin brand of women's shoes, began using a lacquered boutique red sole on in Paris, France. Beginning in 1992, Mr. the bottom of the Christian Louboutin brand women's shoes. Plaintiffs have 13. owned by Plaintiffs recognizable $3, 100 per lacquered sole and other trademarks the red sole have become the most synonomous with The red sole and the glamour, luxury and style. sought-after name Plaintiffs' shoes are and Christian instantly based upon their distinctive red sole. Plaintiffs' shoes cost in the range of $400 to pair. MEI 1003290Iv.1 bearing brand of shoes in the U.S. and abroad. are recognizable used the red in connection with Plaintiffs' shoes since 1992. Plaintiffs' shoes 14. Louboutin continuously Document 1 Case 1:10-cv-05475-BSJ Plaintiffs' shoes 15. are worn by Filed 07/19/2010 numerous famous Page 5 of 38 celebrities, fashion designers, and socialites, including Elizabeth Taylor, Oprah Winfrey, Halle Berry, Angelina Jo lie, Salma Hayek, Jennifer Lopez, Sarah Jessica Parker, Diane Monaco. Plaintiffs' shoes have been "celebrity shoe of choice". Prestigious as a symbol 17. "celebrity favorite shoe" or the consistently topped the Brand Status Index and Plaintiffs' shoes have been named the celebrity in the use of the red sole has luxury goods market. expanded its renown The red sole trademark is and highly of quality and status. Mr. Louboutin is the licensee of the entire which is the Women's Shoes for each of the past three years. enabled it to achieve visible commonly referred to as Plaintiffs' continuous and broad 16. Furstenberg, and Princess Caroline of Shoes of Christian Louboutin S.A. have Luxury Institute's annual Luxury Most von owner and Louboutin S.A. is the exclusive United States right, title and interest in and to the Federally registered red sole trademark, the subject of U.S. Registration No. 3, 361, 597 (the "Red Sole Mark") and the trademark CHRISTIAN LOUBOUTIN, among others, in connection with "women's high fashion designer footwear, in Class 25 (the "Louboutin Products") (collectively, "Plaintiffs' Marks"). A copy of the Certificate of Registration for the Red Sole Mark is annexed hereto of the Red Sole Mark as registered is shown below: it r 401; MEI 10032901v.1 as Exhibit A, and a copy Document 1 Case 1:10-cv-05475-BSJ 18. uncancelled. validity The registration The registration set forth in Exhibit A is valid, in connection with the registration ownership rights named therein, and goods subsisting, unrevoked, facie and evidence of its to use the Red Sole Mark in commercially related goods. The in the Red Sole Mark. Plaintiffs' Marks have achieved of many years of continuous use of photographs of a promotion representative sample annexed hereto as secondary meaning in commerce, usage and substantial investment in are right 6 of 38 of the Red Sole Mark constitutes constructive notice to Defendants of Plaintiffs' of and exclusive 19. Page of the Red Sole Mark constitutes prima and conclusive evidence of Plaintiffs' exclusive commerce Mark Filed 07/19/2010 Exhibit B. A enormous in the marketplace by unsolicited press coverage, of Louboutin Products bearing the of authentic Louboutin Products photograph of a genuine celebrity marks. bearing virtue Copies the Red Sole Louboutin Product is shown immediately below: Plaintiffs maintain strict 20. Plaintiffs quality control standards for all Louboutin Products. inspect and approve all genuine Louboutin Products prior to All 21. genuine Louboutin Products are distributed distribution and sale. through a worldwide network of authorized Louboutin dealers. To 22. promoting date, Plaintiffs have invested significant time and effort advertising and the Louboutin Products and the Red Sole Mark in the United States and the World, and MEI 10032901v.1 display the Red Sole Mark in their advertising and promotional throughout materials. Document 1 Case 1:10-cv-05475-BSJ Plaintiffs' shoes appear numerous wearing magazines. brand. As with models in fashion shows and in fashion bearing 7 of 38 spreads are photographed the Red Sole Mark, constitutes unsolicited widespread recognition featured in advertising of the Red Sole Mark and the Christian Louboutin result, Plaintiffs have enjoyed millions of dollars in sales of the Louboutin Products. a public, numerous Page This, together with the legions of celebrities who the Louboutin Products that has resulted in The on Filed 07/19/2010 customers, and the products of luxury goods industry Sole Mark including Plaintiffs' Marks, United States but come to originate reliability, and come are the greater famous not protection only within the afforded marks with such international distinction under both United States Law and International Treaties, such the Paris Convention and the Trade-Related Agreement"), both of which have Aspects of Intellectual Property Rights (the been entered into to with Plaintiffs. its Red Sole Mark, throughout the World, entitling it to associate the Red Sole Mark and exceptional materials, style, workmanship recognize that products bearing the Red 23. have by the United as "TRIPS States. DEFENDANTS' CONDUCT Defendants have 24. and knowingly willfully manufactured, imported, distributed, offered for sale, and sold various counterfeit versions of the Louboutin Products, to wit: shoes bearing the Red Sole Mark (the "Counterfeit Products") Upon information and belief, 25. the Liliana Defendants at all times relevant, manufacture, import, advertise, promote, distribute and/or sell Counterfeit Products resellers and directly Amazon.com and listings on to individual flyjane.net. Copies of a via internet websites representative sample including, third party inter alia of the Liliana Defendants' Amazon.com, flyjane.net, polyvore.com and bootexplosion.com, offering the Counterfeit Products for sale MEI 10032901v.1 consumers to are attached hereto as Exhibit C. Document 1 Case 1:10-cv-05475-BSJ a/k/a Scott Chan a/k/a Carolina, who was (collectively, looksgreat4ever, an doing business under the "E Shoe www.eshoewarehouse.com such eBay as under the Warehouse"). (the name individual and name E Shoe a Chantarungrsi resident of the State of North E Shoe Warehouse as Warehouse, through "E Shoe Warehouse web 8 of 38 Page The Li liana Defendants have sold Counterfeit Products to Suebsak 26. Inc. Filed 07/19/2010 site") E Shoe Warehouse and under the as use well name well as of an as on S.G. Internet public one site, auctions looksgreat4ever, the Counterfeit Products for sale. A copy of one of the Counterfeit Products obtained Warehouse from Trading, by offered E Shoe of the Defendants is shown below: 7arxotr than nom& to hogh run people (*ate select pow .ozr cortyntly, lutttri owl, 27. On December Shoe Ware House. E Shoe During 18, 2009, Plaintiffs executed an ex parte seizure order against E that raid, Plaintiffs seized Counterfeit Products sold by Defendants to Warehouse, together with documents evidencing Defendants' sale of Counterfeit Products to E Shoe Warehouse. 28. least name one style Defendants, in of shoe "NITOINIMOI." a designed further effort to increase and Plaintiffs' produced by Plaintiffs, genuine have also copied which Plaintiffs sell under the NITOINIMOI shoe appears below, depiction of Defendants' counterfeit copies of this shoe: MEI 10032901v.1 public confusion, together at style with a Document 1 Case 1:10-cv-05475-BSJ Filed 07/19/2010 Page 9 of 38 1: N E Shoe Warehouse Plaintiffs' Authentic "NITOINIMOI" Shoe Counterfeit Product Li liana Defendants' Counterfeit Product Upon information and belief, Defendants intentionally 29. and knowingly infringe the Red Sole Mark and allude to Plaintiffs and the Louboutin Products in Counterfeit Products in an effort to trade upon Plaintiffs' advertising their will and the cachet associated good with Plaintiffs' Products. The Counterfeit Products 30. manufacture, inspect, Products for sale for sale, or sell license from or or package are not genuine Louboutin Products. Plaintiffs did not the Counterfeit Products, and did not approve the Counterfeit distribution. Defendants products bearing are not authorized the Red Sole Mark. to Defendants, without authorization or Plaintiffs, have used the Red Sole Mark in connection with Defendants' advertisement, offer for sale, and sale of the Counterfeit Products. ME 1 10032901v.1 manufacture, distribute, offer Document 1 Case 1:10-cv-05475-BSJ they sell relevant, Defendants At all times 31. are not Filed 07/19/2010 were and 10 of 38 that the Counterfeit Products genuine Louboutin Products. The Li liana Defendants conduct business 32. are aware Page using aliases including Li liana, Li liana Shoes and Li liana Footwear. Since at least 2006, the Li liana Defendants have been the sale of shoes via the Internet. Upon engaged in information and belief, at all times relevant herein, the Li liana Defendants have used the domain <www.lilianashoes.com> to host the email name address, [email protected], which the Li liana Defendants' use to do their business in Counterfeit Products. At all times relevant 33. wholesale the Counterfeit Products herein, the Liliana Defendants have regularly sold throughout the United States, including in particular at in this District. Upon information 34. Defendants have in their which they are offering and belief, possession as of the date of this Complaint, the Li liana Counterfeit Products, the amount of which is unknown, for sale and for which they are accepting special orders from wholesale buyers. 35. and Upon information belief, the Li liana Defendants Counterfeit Products at 17005 Evergreen Place, Suite A, Lawson are storing their inventory City of Industry, California 91745, of 827 Street, City of Industry, California 91748, and/or other locations under the Liliana Defendants' control. 36. Defendants' use marketing, distribution, offering confusion, mistake, MEI 10032901v.1 or to of Plaintiffs' Marks for deceive. on or in connection with the advertising, sale, and sale of the Counterfeit Products is likely to cause Document 1 Case 1:10-cv-05475-BSJ Defendants' 37. use of the Red Sole Mark marketing, distribution, offering irreparable Filed 07/19/2010 11 of 38 Page in connection with the on or advertising, for sale, and sale of the Counterfeit Products is causing harm to Plaintiffs. COUNT ONE FEDERAL TRADEMARK COUNTERFEITING AND INFRINGEMENT (15 U.S.C. 1114) 38. of this Plaintiffs repeat and Complaint as 39. re-allege the the United States and goodwill throughout arbitrary, and the world have become are of the business associated with it in of great and incalculable value, universally associated in the products of the very highest quality and reputation finding their source 40. Upon information and belief, having knowledge foregoing paragraphs if fully set forth herein. Plaintiffs' Red Sole Mark and the distinctive and of each of the allegations a prior rights mark which is highly mind with the in Plaintiffs without Plaintiffs' authorization of Plaintiffs' well-known and that Defendants' Counterfeit Products bear public are in the Red Sole confusingly or consent, and Mark, and the fact similar to the Red Sole the Counterfeit Mark, Defendants have manufactured, distributed, offered for sale and/or sold Products to the consuming public in direct competition with Plaintiffs' Products, in or affecting interstate 41. Defendants' use commerce. of copies and or simulations of the Red Sole Mark is deception and is causing confusion, mistake origin of the Counterfeit Products, and is among the likely to likely deceive the public are into to cause to the believing the general purchasing public Counterfeit Products being sold by Defendants originate from, MEI 10032901v.1 sale of genuine Louboutin as associated with, or are Document 1 Case 1:10-cv-05475-BSJ otherwise authorized goodwill by Plaintiffs, all to the Filed 07/19/2010 12 of 38 Page damage and detriment of Plaintiffs' reputations, and sales. Plaintiffs have 42. no adequate remedy Plaintiffs will continue to suffer enjoined, at law irreparable and, if Defendants' activities harm and injury to their are not and goodwill reputations. COUNT TWO FALSE DESIGNATION OF ORIGIN AND UNFAIR COMPETITION (15 U.S.C. 1125(a)) Plaintiffs repeat and 43. of this Complaint as such, nature are allegations of each of the cause as to the by Defendants the Louboutin Products sold and offered for sale confusion to the general pubic the are of the same by Plaintiffs and, as general purchasing public. By misappropriating and using falsely describe foregoing paragraphs if fully set forth herein. and type likely to 45. a the The Counterfeit Products sold and offered for sale 44. general re-allege origin likelihood of confusion among ultimate the Red Sole Mark, Defendants and source purchasers as misrepresent and of the Counterfeit Products and create to both the source and sponsorship of such merchandise. Defendants' unlawful, unauthorized and unlicensed manufacture, distribution, 46. offer sale, and/or sale of the Counterfeit Products for misrepresentations Plaintiffs, all 47. U.S.C. to Defendants' were express created, authorized or and implied approved by profit and Plaintiffs' great damage and injury. Defendants' aforesaid acts 1125(a), MEI 10032901v.1 that the Counterfeit •Products creates in that Defendants' use are in violation of 43(a) of the Lanham Act, of the Red Sole Mark, in connection with their 15 goods Document 1 Case 1:10-cv-05475-BSJ and services, in interstate commerce Filed 07/19/2010 constitutes a Page of designation false 13 of 38 origin and unfair competition. 48. enjoined, Plaintiffs have no adequate remedy at law irreparable Plaintiffs will continue to suffer and, if Defendants' activities harm and injury to their are not goodwill and reputations. COUNT THREE FEDERAL TRADEMARK DILUTION (15 U.S.C. 1125 (C)) 49. of this Plaintiffs repeat and Complaint as 50. the re-allege of each of the allegations foregoing paragraphs if fully set forth herein. Plaintiffs' Red Sole Mark is the Lanham Act, 15 U.S.C. 1125(c) and a meaning "famous mark" within the was a famous mark prior to of 43(c) of Defendants' conduct as alleged herein. 51. Defendants' manufacture, distribution, offer for sale, and/or sale in the Counterfeit Products is and was likely to and does done with the willful intent to trade dilute the distinctive on Plaintiffs' quality reputations commerce of of the Red Sole Mark, and/or to cause dilution of the Red Sole Mark. 52. Defendants' unauthorized Counterfeit Products was rights under MEI 1003290Iv.1 was not Defendants' aforesaid acts 43(c) of the Red Sole Mark done with notice and full distribution, sale and/or offer for sale 53. use authorized are in of the Lanham Act, 15 U.S.C. on or knowledge or licensed knowing 1125(c). in connection with the that such manufacture, by Plaintiffs. and willful violation of Plaintiffs' Document 1 Case 1:10-cv-05475-BSJ Plaintiffs have 54. no adequate remedy will continue to suffer enjoined, irreparable Filed 07/19/2010 at law harm and Page 14 of 38 and, if Defendants' activities injury Plaintiffs' to are goodwill not and reputations. COUNT FOUR TRADEMARK INFRINGEMENT UNDER NEW YORK COMMON LAW Plaintiffs repeat and 55. of this Complaint as if fully set forth herein. Defendants have, without authorization from Plaintiffs, used the Red Sole Mark 56. to reallege the allegations of each of the foregoing paragraphs advertise, distribute, sell and offer to sell Counterfeit Products. Defendants' acts 57. deception to consumers as to as alleged herein are likely to cause confusion, mistake, the affiliation, connection, Plaintiffs, and as to the origin, sponsorship, registration for its 59. of Defendants' registration for its Red infringed Sole Mark (i) and continues to with full of Plaintiffs' federal common law. conduct is intentional, malicious, and infringe Plaintiffs federal trademark knowledge that Plaintiffs right to use its federal trademark, (ii) with the confusion and mistake and to deceive, and goods by Plaintiffs. infringements Red Sole Mark in violation of California Upon information and belief, Defendants' wanton in that Defendants exclusive approval association of Defendants with Defendants' unauthorized acts constitute direct 58. trademark or or and owns intention of causing and has the a likelihood of (iii) with the intention of eliminating competition from Plaintiffs. 60. Plaintiffs have suffered, are suffering, injury for which Plaintiffs has no adequate remedy at and will continue to suffer law. Plaintiffs therefore preliminary and permanent injunction against Defendants' MEI 10032901v.1 further irreparable are entitled to infringing conduct. a Case 1:10-cv-05475-BSJ Document 1 Filed 07/19/2010 15 of 38 Page COUNT FIVE TRADEMARK DILUTION UNDER NEW YORK LAW 61. of this Plaintiffs repeat and Complaint as 62. and reputation, of each of the allegations Plaintiffs' Red Sole Mark is as a widely recognized by the general consuming public designation of source Defendants' acts as of the goods of Plaintiffs. alleged herein are likely to and dilute the distinctive quality of the intended these acts to dilute the Red Sole Mark, and cause Absent injunctive relief, injure Plaintiffs' Plaintiffs have are business and common no means dilution of Plaintiffs' famous Red Sole Mark. Plaintiffs prohibiting Defendants from continuing injury to Plaintiffs' business Red Sole Mark. Defendants knew and Defendants' acts constitute trademark dilution under New York 64. foregoing paragraphs if fully set forth herein. of the State of New York 63. the reallege reputation. law. by which to control therefore entitled to such acts of dilution and unfair Defendants' injunctive relief competition. COUNT SIX UNFAIR COMPETITION UNDER NEW YORK LAW 65. of this Plaintiffs repeat and reallege the Complaint as 66. false be As a as alleged above constitute advertising under New York law, impairment of the recognition of the Red 67. of each of the foregoing paragraphs if fully set forth herein. The actions of Defendants competition and allegations common law unfair and have caused and will Sole Mark, and diminution of the value thereof. result of the actions of Defendants, Plaintiffs have been and will continue to seriously and irreparably damaged unless Defendants are enjoined from the use designations or representations which result in common law unfair competition MEI 1003290Iv.1 cause of false with Plaintiffs. Document 1 Case 1:10-cv-05475-BSJ Filed 07/19/2010 16 of 38 Page PRAYER FOR RELIEF Wherefore, Plaintiffs pray that Defendants be cited that Plaintiffs receive the judgment, following relief: employees, attorneys, That Defendants, their officers, agents, servants, 1. acting for, with, by, through persons to appear in this case, and upon final and restrained, at first enjoined under them be or and all preliminarily during the pendency of this action and, thereafter, permanently: from a) Mark, or any other mark which deception, product using or mistake on or emanating not in any so manner any of Plaintiffs' resembles said trademark in connection with the from Plaintiffs, or not Marks, including the Red Sole likely to be as advertising, offering authorized by Plaintiffs to cause for sale, to or confusion, sale of any be sold in connection with each of the Red Sole Mark; from b) product as and for or from products approved by, supervision of Plaintiffs and enabling not others to sell or pass off any products, or not Plaintiffs' approved by produced Plaintiffs for sale under any of including the Red Sole Mark; c) Defendants' or products produced by Plaintiffs, under the control and Plaintiffs' Marks, passing off, inducing, or are committing any acts calculated to those sold under the control and connected with, or guaranteed by, cause supervision or purchasers to of Plaintiffs, produced believe that or sponsored under the control and supervision of Plaintiffs; d) Red Sole Mark and e) MEI 10032901v.1 from further diluting and infringing any of Plaintiffs' Marks, including the damaging Plaintiffs' goodwill; from otherwise competing unfairly with Plaintiffs in any manner; and Case 1:10-cv-05475-BSJ from of, in any manner, or Filed 07/19/2010 shipping, delivering, distributing, returning or any mark persons in active concert associations confusingly or otherwise restrained and temporarily stocks with them, and any banks, participation or agencies enjoined from Defendant that files with the Court and Defendant's assets having a authorized by including the serves savings and loan or or otherwise, shall secreting any money, of the Court, except prior approval upon Plaintiffs' counsel: value of two thousand dollars and any which engage in the transfer of real transferring, disposing of, other assets of Defendants, without or nor disposing employees, attorneys, service property, who receive actual notice of the Court's order, by personal be 17 of 38 similar thereto; other financial institutions, or or offered for sale, and which bear any of Plaintiffs' Marks, That Defendants, their officers, agents, servants, 2. Page products or inventory not manufactured by or for Plaintiffs, Plaintiffs to be sold Red Sole Mark, Document 1 ($2, 000) or (1) an as to a accounting of that more, and the location and Plaintiffs (such identity thereof; and (2) uncontradicted documentary proof accepted by not to be acceptance Defendant's unreasonably withheld) that particular in which case those counterfeiting activities, assets particular not are proceeds of that assets shall be released to that Defendant. That 3. immediately required up to Plaintiffs any and all prints, packages, materials in the including Defendants be wrappers, upon MEI 10032901v.I to deliver and other matter, promotional, under their control bearing any of Plaintiffs' possession of Defendants not Complaint pouches, receptacles, advertising the Red Sole Mark, alone or of this products, guarantees, circulars, price lists, labels, signs, or or in combination with any other words, connection with the advertising, offering for sale Plaintiffs, service or sale of products made under the authorization and control of Plaintiffs. not or Marks, used in emanating from Document 1 Case 1:10-cv-05475-BSJ supply Plaintiffs with a distributed and/or sold Mark, or complete any of Plaintiffs' products not authorized by Plaintiffs to be Complaint and to whom to they Marks, including the Red Sole sold in connection with said mark. upon service of this required immediately That Defendants be 5. they purchased list of entities from whom products falsely bearing 18 of 38 Page upon service of this required immediately That Defendants be 4. Filed 07/19/2010 deliver up for destruction their entire inventory of Counterfeit Products bearing Complaint to any of Plaintiffs' Marks, including the Red Sole Mark. That Defendants, within 6. entry thereof upon it, be required under oath 1 setting forth to in detail the with notice of thirty (30) days after service of judgment file with the Court and manner serve upon Plaintiffs in which Defendants have complied a written report with paragraphs through 5, supra. Defendants damages by for reason profits of Defendants' unlawful acts herein alleged and, that the amount of infringement of Plaintiffs' registered trademark That Plaintiffs be awarded actual punitive damages 9. mark in an of an 15 U.S.C. damages a sum not amount to be proven at trial and $2, 000, 000 including pre-judgment interest, That Plaintiffs be awarded interest, 11. That Plaintiffs be awarded reasonable the Court may deem in the amount of per 1117(c). 10. MEI 10032901v.I by law. damages That Plaintiffs be awarded statutory as be increased amount to be proven at trial. infringed pursuant to further relief by to Plaintiffs exceeding three times the amount thereof as provided by 8. realized over That Defendants account for and pay 7. attorneys' equitable including, on all sums. fees and have such other and but not limited to, any relief set forth Case 1:10-cv-05475-BSJ under Document 1 Filed 07/19/2010 Page 34-39 of the 1946 Trademark Act and California Bus. & Prof. Code 19 of 38 14247, 14250, 17500, 17535, 17200 and 17203. 12. That Plaintiffs have such other and further relief as the Court deems proper. Dated: New York, New York July 19, 2010 McCARTEIC & ENGLISH, By: Harley I. 245 Park Avenue, 27th Floor New York, NY 10167 Tel: Fax: (212) 609-6800 (212) 609-6921 Attorneys for Plaintiffs Christian Louboutin S.A. And Christian Louboutin MEI 1003290Iv.1 just and Case 1:10-cv-05475-BSJ Document 1 Filed 07/19/2010 Page 20 of 38 JURY DEMAND Plainiiffs demand Procedure for all issues a so jury trial pursuant to Rule 38(b) of the Federal Rules of Civil triable. Mc(-2ARTER & ENG LI '.H, LLP Dated: New York, New York July 19, 2010 By: (4- arley4. win 245 Park Avenue, 27th Floor York, NY 10167-0001 Tel: (212) 609-6800 New Fax: (212) 609-6921 Attorneys for Plaintiffs Christian Louboutin S.A. And Christian Louboutin MEI 1003290Iv.1 Case 1:10-cv-05475-BSJ Document 1 Filed 07/19/2010 EXHIBIT A Page 21 of 38 Case 1:10-cv-05475-BSJ Document 1 Filed 07/19/2010 Page 22 of 38 Int. CI.: 25 Prior U.S. as.: 22 and 39 United States Patent and Trademark Office Reg. No. 3,361,597 Registered Jan. 1, 2008 TRADEMARK PRINCIPAL REGISTER -*/0 t 11 I CHRISTIAN LOUBOUTIN (FRANCE INDIVI- DUAL) 24 RUE VICTOR MASSE PARIS, FRANCE 75009 FOR: WOMEN'S HIGH FASHION DESIGNER FOOTWEAR, IN CLASS 25 (US. CLS. 22 AND 39). FIRST USE 0-04992; IN COMMERCE 0-04992. TEE mows) RED Ls/ARE CLAIMED As A FEATURE OF THE MARX. THE MARK CONSISTS OF A LACQUERED RED SOLE ON FOOTWEAR. THE DOTTED LINES ARE NOT PART OF ME MARK BUT ARE INTENDED ONLY TO SHOW PLACEMENT OF ME MARK SEC SER. NO. 77-141,789, FILED 3-27-2007. NORA BUCHANAN WILL, EXAMINING ATTORNEY Case 1:10-cv-05475-BSJ Document 1 Filed 07/19/2010 EXHIBIT B Page 23 of 38 Case 1:10-cv-05475-BSJ Christian Louboutin official web site. Document 1 Filed 07/19/2010 Page 24 of 38 Luxury french shoe and bag designer. Page I I1 419 ik et 4 4. .1.., d0 AR 1 of 1 b 1 4, i.. 1,,,,,, 1.,, „„1,,, i„, l' 4 t'- e- if( http://www.christianlouboutin.com/ Fill!) a Boutique 12/14/2009 -Gase-1-40-ev-0547-5-BS-J— Documcnt 1 Christian Louboutin official web site. Luxury french shoe and Filcd 07/19/20-1-0- Page 25 of 38 bag designer. Page 1 of 1 P 01 I I- 1 InN !^11 AI MAIlNP., H. -.C.:".C1 4ir'^ji..'i 6. e..: f. :• 0110.!1' ....T.'ti, ...rr.N',7:!.", ar7, •PS:'.. 7•.;10,iir.:44ifai5, ci.,, ....K., -.47. 7a, -'4..-=:,,, '-'7.4b.01.:4 'j, . :.:. L.4•'.;t.:',:'c".:. 4.;'.^.14::54.."0,A.,,,,, 4011 .takiv -411, 4''' •-i4"'"'-'•, ......„7.6.>k, ..i. •4=.'-i, '-'iti., ';:ftrp-.•;', :5, i 0 i l• 'I.\ z.. i. 11 i .7 i4 iikbp http://www.christianlouboutin.com/ A %ph._ !.4) Arr. 12/14/2009 Document 1 Case 1:10-cv-05475-BSJ Christian Louboutin official web site. Luxury french shoe and Filed 07/19/2010 Page 26 of 38 bag designer. 1, 'HE 1, i Page 1 of 1 ''i^es, HE :-A)Erl 21^It, A 2Asi, )t- I i; 4„.. , -45; 71•,„.;.t., P;M‘•-•:4:;,':;;:s' :::i -2-, NNW's'''. i. ANii. e ----.7.7:-.;.7.- •g, --J44(..., maissensalii'leximintio •;2.1 genrompl!= *fillings/EA, Ix'. f. I:IV ..1. i t,. v...4.-,, .::s.-.,,,, '-k, 4,,, t'..-....... Ir. Fainagausseta ommaszem, 4, 4. '4*1. "4 to-m=0M twistimaiinti 7-7. Sivrtfoott S' "111"1111111 ••341 !MEMO t.. ON rAissaramr...mg r,.......mulmnstr misstc, Fir)flEV.1 M. r I .1' 0 ilkily fl,,, firirC.7 http://www.christianlouboutin.com/ 12/14/2009 e e-i. Christian Louboutin official web site. /19/2040—Page 9 27 of 38 Luxury french shoe and bag designer. THk I .VV1NTI- Page 1 of 1 (.11ON 1011) SHIA- 5 Weanzfimei 41 1 1 k Janene, Beverly Hilbc When Fantasy becomes That Is the Nitoinimal! Black suede and black leather Heel: I 2 cm II .....P., 6,. http://www.chtistianlouboutin.com/ Reallty. Find a Sun a. 12/14/2009 Case 1:10-cv-05475-BSJ Christian Louboutin official web site. Document 1 Filed 07/19/2010 Page 28 of 38 Luxury french shoe and bag designer. Page 1 of 1 r HE C 01.1. EC I ION At I .VVINII.R 2004 If A SHIA s t9fgazeinwl Al 4 i. i;.... .y.. "4•""'' -116, Alik.- ., lanenc, Bcvcdy !tills: Wlicn Fantasy 1:ccornev Rcality. That is the Nitooi inim! 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