Brian Lichtenberg v. Alex & Chloe - Complaint

Case 2:13-cv-06837-DDP-PJW Document 1 Filed 09/17/13 Page 1 of 43 Page ID #:56
1
2
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
DAVID GRAZIANI, ESQ., (SBN#276009)
The Law Offices of David Graziani, P .C.
10880 Wilshire Blvd., Suite 1101
Los Angeles, CA 90024
Telephone: (310) 935-4088
Facsimile: (310) 935-4076
RONALD D. TYM, ESQ. (SBN#195339)
The TymFirm
7120 Carlson Circle, #263
Canoga Park, CA 91303
Telephone: (818) 836-1428
Facsimile: (818) 337-2026
FILED

CENTRA/. [}!STRICT OF CALIFORNiA
V DEWY
Attorneys for Plaintiffs, Brian Lichtenberg, LLC and
Brian Lichtenberg
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF
LLC, a Case No. ll v 13 - 0 6 8 3
Cahforma hm1ted hab1hty company; and ( n "\
BRIAN LICHTENBERG, an individual, COMPLAINT FOR: p lAJ )
1. UNREGISTERED TRADEMARK
INFRINGEMENT, TRADE DRESS
INFRINGEMENT, AND FALSE
DESIGNATION OF ORIGIN UNDER
SECTION 43(a) OF THE LANHAM
ACT, 15 U.S.C. 1125(a), AND
TRADEMARK DILUTION UNDER
SECTION 43(c) OF THE LANHAM
ACT, 15 U.S.C. 1125(c);
Plaintiffs,
vs.
ALEX & CHLOE, INC., a California
corporation; CHRISTOPHER WALTER
LICHTENBERG, an individual;
MARKED SHOWROOM, LLC, a
California limited liability company;
JACQUELINE YI, an individual; TU
TRAN, an individual; KYLE MOCKETT,
an individual; KA YTEE ENRIGHT, an
individual,
Defendants.
2. VIOLATION OF CALIFORNIA
UNIFORM TRADE SECRETS ACT,
CAL. CIV. CODE 3426 ET SEQ.;
3. VIOLATION OF CALIFORNIA
UNFAIR COMPETITION ACT, CAL.
BUS. & PROF. C. 17200,ET. SEQ.;
4. INTENTIONAL INTERFERENCE
WITH PROSPECTIVE ECONOMIC
RELATIONS;
5. INTENTIONAL INTERFERENCE
WITH CONTRACTUAL RELATIONS
6. DEFAMATION, LIBEL AND
SLANDER; and
7. COMMON COUNT
1
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Plaintiffs BRIAN LICHTENBERG, LLC and BRIAN LICHTENBERG (hereinafter
"Plaintiffs"), by their attorneys, as and for their complaint against Defendants ALEX & CHLOE,
INC., a California corporation; CHRISTOPHER WALTER LICHTENBERG; MARKED
SHOWROOM, LLC, a California limited liability company; JACQUELINE YI, an individual; TU
TRAN, an individual; KYLE MOCKETT, an individual; KAYTEE ENRIGHT, an individual,
allege as follows:
I. PARTIES
1. Plaintiff BRIAN LICHTENBERG, LLC is, and at all times mentioned herein was, a
California limited liability company with its principal place of business located in the City of Los
Angeles, Los Angeles County, California. Brian Lichtenberg, LLC is referred to herein as "BRIAN
LICHTENBERG, LLC."
2. Plaintiff BRIAN LICHTENBERG is an individual residing in the city of Los
Angeles, Los Angeles County, California. Brian Lichtenberg is referred to herein as "BRIAN
LICHTENBERG."
3. Defendant ALEX & CHLOE, INC., is, and at all times mentioned herein was, a
California corporation having its principal place of business in the County of Los Angeles,
California. Alex & Chloe, Inc. is referred to herein as "A&C."
4. Defendant CHRISTOPHER W. LICHTENBERG is an individual residing in the city
20 of Long Beach, Los Angeles County, California. Christopher W. Lichtenberg is referred to herein
21 as "CWL." On information and belief, CWL is a shareholder or the sole shareholder, and/or
22 president, director, officer and/or principal of A&C.
23
24
25
26
27
28
5. Defendant MARKED SHOWROOM, LLC is a California limited liability company,
and on information and belief its principal place of business is located in the City of Los Angeles,
Los Angeles County, California. Marked Showroom, LLC is referred to herein as "MARKED."
6. On information and belief, Defendant JACQUELINE YI is an individual living,
residing and/or working in the City of Los Angeles, Los Angeles County, California.
JACQUELINE YI is referred to herein as "YI". On information and belief, YI is a shareholder or
2
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
the sole shareholder, and/or president, director, officer and/or principal, or employee of MARKED.
7. On information and belief, Defendant TU TRAN is an individual living, residing
and/or working in the City of Los Angeles, Los Angeles County, California. TU TRAN is referred
to herein as "TRAN ." On information and belief TRAN is a shareholder or the sole shareholder,
and/or president, director, officer and/or principal, or employee of MARKED.
8. On information and belief, Defendant KYLE MOCKETT is an individual living,
residing and/or working in the City of Los Angeles, Los Angeles County, California. KYLE
MOCKETT is referred to herein as "MOCKETT." On information and belief MOCKETT is an
agent or employee of A&C and/or CWL.
9. On information and belief, Defendant KA YTEE ENRIGHT is an individual living,
residing and/or working in the City of Los Angeles, Los Angeles County, California. KA YTEE
ENRIGHT is referred to herein as "ENRIGHT." On information and belief ENRIGHT is an agent
or employee of A&C and/or CWL.
10. A&C., CWL, MARKED, YI, TRAN, MOCKETT AND ENRIGHT are sometimes
referred to herein, collectively, as the "Defendants".
11. A&C, CWL, ENRIGHT and MOCKETT are sometimes referred to herein,
18
collectively, as the "A&C Defendants."
19
12. MARKED, YI and TRAN are sometimes referred to herein, collectively, as the
2 o "MARKED Defendants."
21 II. JURISDICTION AND VENUE
22 13. This Court has original subject matter jurisdiction over the federal law claims
23 (TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT, and FALSE
24
25
26
27
28
DESCRIPTION/DESIGNATION AND TRADEMARK DILUTION) pursuant to 28 U.S.C. 1331
and 1338(a) and 15 U.S.C. 1121, 1125(a) and 1125(c). This Court has related claim jurisdiction
over the state law claims pursuant to 28 U.S.C. 1338(b) and 28 U.S.C. 1367.
14. This Court has personal jurisdiction over the entity Defendants because such
Defendants maintain their principal place of business in the State of California. This Court has
3
COMPLAINT
1
2
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
personal jurisdiction over the Defendants who are individuals because they are residents of the State
of California.
15. Venue is proper in this district under 28 U.S .C. 1391 (a), in that all of the
Defendants are subject to personal jurisdiction in this district at the time of commencement of this
action, and under 28 U.S .C. 1391 (b) and (c) because a substantial part of the events or omissions
giving rise to the claims occurred in this district, a substantial part of the property that is the subject
of this action is situated in this district, the entity Defendants maintain their principal place of
business in this district, and the Defendants who are individuals reside in this district.
III. NATURE OF THE ACTION
16. Consumers instantly recognize the various trademarks used to identify the items
merchandised or manufactured by or under licenses from Plaintiffs BRIAN LICHTENBERG and
BRIAN LICHTENBERG, LLC. For many years, these famous, arbitrary, and fanciful Plaintiffs'
Trademarks, Products and Designs (as defined herein) have received enormous exposure in the
marketplace. Over the years, millions of consumers have been exposed to Plaintiffs' Trademarks,
Products and Designs through extensive advertising campaigns, in mainstream and fashion
magazines and other periodicals, as depicted on television and in motion pictures, on the Internet,
and in other forms of unsolicited media coverage. As a result, Plaintiffs' Trademarks, Products and
Designs are widely-recognized in the United States and abroad, as well as among the most popular
with consumers, which adds enormous value to the authentic products that bear the Plaintiffs'
Trademarks, Products and Designs. Defendants, who have no affiliation with the Plaintiffs, have
attempted to capitalize on the popularity of the Plaintiffs' Trademarks, Products and Designs. They
manufacture and market counterfeit versions of Plaintiffs' Trademarks, Products and Designs in an
effort to confuse consumers into believing that Defendants products are genuine versions of
Plaintiffs' Trademarks, Products and Designs or to otherwise compete directly with Plaintiffs'
Products Trademarks, Products and Designs. To ensure that consumers make the association
between Defendants' Imitation Products and counterfeit products and the Plaintiffs' Products from
which they were copied, Defendants not only copy the designs, patterns, and color schemes
4
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
associated with the Plaintiffs, but also expressly identify the counterfeit products as "Ballin Paris"
products. Defendants have manufactured and sold their Imitation Products and counterfeit products
without the permission, authorization, or approval of the Plaintiffs. Defendants' wrongful use of
the name "Ballin" and "Ballin Paris" is likely to cause confusion, or to cause mistake, or to deceive
the public into thinking that Defendants' products using such names are BRIAN LICHTENBERG
Designer Parodies or BRIAN LICHTENBERG, LLC Products, or that such products are sponsored
by or have been approved by BRIAN LICHTENBERG or BL, LLC.
17. For these and other reasons, Defendants have caused, and unless enjoined, will
continue to cause, Plaintiffs irreparable harm and an incalculable loss of goodwill and damages.
IV. FACTUAL BACKGROUND COMMON TO ALL COUNTS
18. Plaintiff BRIAN LICHTENBERG, LLC ("BL, LLC") is in the business of
designing, marketing, advertising, promoting and selling items of fashion apparel, merchandise and
accessories (hereinafter referred to, collectively, as "BRIAN LICHTENBERG, LLC Products").
19. BRIAN LICHTENBERG Products include, but are not limited to, sweatshirts, t-
shirts and knit beanie caps. Since 2010, Plaintiff BL, LLC has been selling various BRIAN
LICHTENBERG Products on its website, located at http://www.brianlichtenberg.com ("BL, LLC
Website"). The BL, LLC Website has an extensive online presence, generating thousands of
unique visitors a month. Customers from all over the world purchase BRIAN LICHTENBERG,
LLC Products on the BL, LLC website.
20. Plaintiff BL, LLC's customer/vendor/buyer lists are not public knowledge, but are a
22 compilation of company names, specific contacts, phone numbers (including private numbers),
23 private email addresses, and important notes on such contacts.
24
25
26
27
28
21. From 2010 through the present, Reda Bouaissa ("Bouaissa") has, and continues to
be, BL, LLC's sales agent pursuant to an agreement between Bouaissa and BL, LLC. Pursuant to
the agreement, Bouaissa is paid a percentage of his sales as a commission fee. As BL, LLC's
current sales agent, Bouaissa actively goes into the marketplace and seeks out various commercial
business deals with the intention of selling BRIAN LICHTENBERG, LLC Products to various
5
COMPLAINT
1
vendors/customers/buyers from all over the world.
2
22. BRIAN LICHTENBERG is a designer of fashion apparel, merchandise and
3
accessories (hereinafter referred to, collectively, as "BRIAN LICHTENBERG Designs"). BRIAN
4
LICHTENBERG, LLC Products feature BRIAN LICHTENBERG Designs, which make up the
5
BRIAN LICHTENBERG Trademark ("BRIAN LICHTENBERG MARKS").
6
23. A&C is in the business of designing, marketing and selling items of jewelry, fashion
7
apparel and accessories (hereinafter referred to, collectively, as "A&C Products").
8
24. CWL is a designer of jewelry, fashion apparel and accessories (hereinafter referred
9
to, collectively as "CWL Designs"). A&C Products feature CWL Designs.
10
25.
11
A&C owns and operates www.alexandchloe.corn, it's official company website
12
("A&C's Website").
13
26. A&C owns and operates an www .Instagrarn .corn account located at
14
http://instagrarn.com/alexandchloe.
15
27. A&C owns and operates an www .Facebook.corn account located at
16
https :/ /www .face book .corn/TheAlexAndChloe.
17
28. A&C has in the past and continues to control and maintain accounts on various
18
social media websites including, but not limited to, Twitter.corn, Instagram.com and Facebook.com.
19
29. On information and belief, one such account A&C owns and operates on
2 o www .Instagrarn.corn is located at http://instagrarn.com/alexandchloe.
21 30. On information and belief, one such account A&C owns and operates on
22 www.Facebook.corn is located at https://www.facebook.com/TheAlexAndChloe.
23
31. On information and belief, one such account A&C owns and operates on
24 www.Twitter.corn is located at https://twitter.corn/ALEX_AND_CHLOE.
25
26
27
28
II
32.
33.
Plaintiff BRIAN LICHTENBERG is the older brother of CWL.
Plaintiff BRIAN LICHTENBERG believes, based on being CWL's brother and at
one time, sharing a close personal relationship with CWL, and therefore alleges that CWL has and
continues to struggle with alcoholism, depression and various other psychological disorders, that
6
COMPLAINT
1
2
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
have contributed to CWL's actions which have given rise to the causes of action set forth in this
Complaint.
34. CWL has and continues to get professional medical treatment for his struggles with
alcoholism, depression and various other psychological disorders.
35. Since January 2013, the Defendants have employed a highly destructive campaign to
viciously malign BRIAN LICHTENBERG and tortiously and maliciously interfere with Plaintiffs'
business. While Defendants may profit from this malicious crusade, it will likely backfire such that
all parties lose in a manner that is irreparable due to the small fashion world in which the parties
operate.
36. By way of background, Plaintiff BRIAN LICHTENBERG began designing fashion
apparel in 2000. Within one month of officially working as a fashion designer, Gwen Stefani's
stylist purchased several of BRIAN LICHTENBERG'S fashion apparel creations for the world
famous musician and pop star for her world concert tour and television appearances including Late
Night With David Letterman. This was the moment in which BRIAN LICHTENBERG launched
his career as a fashion designer, putting him on the preverbal "map" in the fashion industry. Since
2000, celebrities and pop stars such as Miley Cyrus, Kim Kardashian, Lady Gaga, Ciara, Jennifer
Lopez, Kanye West, and Shakira have worn BRIAN LICHTENCBERG Designs and BRIAN
LICHTENBERG, LLC Products. Throughout Plaintiff BRIAN LICHTENBERG's career, he has
had numerous prestigious newspaper and magazine articles (online and in print) written about him,
his company (BL, LLC) and about BRIAN LICHTENBERG Designs and BRIAN
LICHTENBERG, LLC Products.
37. CWL is very experienced in technology and has provided BRIAN LICHTENBERG,
LLC with various technology support services, such as website design and has assisted BRIAN
LICHTENBERG with the technological aspects of creating BRIAN LICHTENBERG's Designs,
specifically taking BRIAN LICHTENBERG's original design concept, almosi. always from pencil
sketches, and creating an electronic version of the design.
38. Plaintiff BRIAN LICHTENBERG is a very talented artist with the ability to
7
COMPLAINT
1
2
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
professionally draw and sketch using a pencils and markers.
39. Currently, and for approximately the past five (5) years, BRIAN LICHTENBERG
Designs have included what are referred to as "designer parodies" (hereinafter, "BRIAN
LICHTENBERG Designer Parodies").
40. BRIAN LICHTENBERG's Designer Parodies have been very successful. BRIAN
LICHTENBERG Designer Parodies are worn by celebrities and often featured in the media.
41. BRIAN LICHTENBERG's Designer Parodies have included:
"Homies" a parody of Hermes
"Feline" a parody of Celine
"Canine" a parody of Celine
"Bucci" a parody of Gucci
Attached hereto as Exhibit "A" and made a part hereof by this reference are examples of the above
referenced BRIAN LICHTENBERG Designer Parodies, together with the original designer logo for
each parody.
42. Each of BRIAN LICHTENBERG Designer Parodies mimics the font of the logo
being parodied and other aspects of the original designer logo, and places the logo on uniquely
designed T -Shirts, muscle T -shirts, sweatshirts and beanie caps. Each of the T -Shirts, sweatshirts
and beanie caps, are recognizable by the public as being BRIAN LICHTENBERG Designer
Parodies because of the unique stitching of the fabrics, the size and placement of the parody labels,
the color schemes on the BRIAN LICHTENBERG Designer Parodies, the fabric and garment
choices and the materials and font style used for the labels. BRIAN LICHTENBERG, LLC's
sweatshirts and t-shirts use very specific stitching, fabrics and labels, which are not generally used
by sweatshirt and t-shirt designers and vendors. BRIAN LICHTENBERG makes all final decisions
pertaining to the look and feel of all his clothing lines, which bear his name.
43. One aspect of Plaintiff BRIAN LICHTENBERG's creative process involves a clever
"play on words" with well-established designer brands in which BRIAN LICHTENBERG
"massages" the established brand name with some derivative of his name, Brian Lichtenberg, and
8
COMPLAINT
1
2
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
then somehow combines the two to create an original version. Plaintiff BRIAN LICHTENBERG
called this "spoofing" creative process, "Bri-fying" an established brand or product. For example,
on or about 2004, one of BRIAN LICHTENBERG'S email accounts was "brianciaga@gmail.com,"
an obvious funny and light-hearted reference to the well-established brand, "Balenciaga."
Furthermore, "Bri-fying" was the creative methodology Plaintiff BRIAN LICHTENBERG used to
create the well-known "BRIAN GULAR" jewelry line, the "BRIANEL" clothing line brand in 2007,
the "BRI-N" clothing line brand in 2008 and the "BUCCI" clothing line brand in 2010. Because of
the incorporation of his name with the spoofed name, there is no confusion among consumers that
they are buying a spoofed product and not the product of the company or designer being spoofed.
44. On or about January 29, 2012, Plaintiff BRIAN LICHTENBERG exchanged emails
with Kanye West, the world famous musician and pop icon, in which the word, "BALLIN" was
discussed. This exchange with Mr. West, one the world's most creative and cutting edge
individuals, served to only further strengthen Plaintiffs' notion that the phrase "Ballin" would have
creative and commercial appeal.
45. On or about January 30, 2013, Plaintiff BRIAN LICHTENBERG came up with the
original idea to create a parody of the logo for the designer Balmain. BRIAN LICHTENBERG's
idea was to replace the name "Balmain" with the slang phrase "Ballin" or "Ballin Paris." BRIAN
LICHTENBERG was further inspired to create this original parody because BRIAN
LICHTENBERG is an admirer of the Balmain line of couture clothing, owning many pieces from
that line. That same day, Plaintiff BRIAN LICHTENBERG showed Bouaissa, BL, LLC's sales
agent, a hard copy of the final draft version of the "Ballin Paris" design, which BRIAN
LICHTENBERG had sketched in one of his day planner notebooks. A true and correct copy of
Brian Lichtenberg's original Ballin design sketched in his day planner notebook is attached hereto
as Exhibit "B".
46. Because BRIAN LICHTENBERG and CWL had a close relationship BRIAN
LICHTENBERG would often use CWL for a sounding board for his confidential and proprietary
parody ideas, which ideas CWL knew to be confidential and proprietary to BRIAN
9
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
LICHTENBERG, including BRIAN LICHTENBERG's idea for the parody of "Balmain" using the
slang phrase "Ballin" and "Ballin Paris".
47. In 2010, because BRIAN LICHTENBERG felt sorry for his younger brother's
failing business (A&C), Plaintiff BRIAN LICHTENBERG arranged for Bouaissa, the sales agent
for BL, LLC, to make various good faith attempts to sell A&C's merchandise, apparel and jewelry.
A&C was still not a successful venture. By the end of 2011, CWL was no longer making
merchandise and apparel of any kind and decided to turn his attention to selling other fashion
designer's products and merchandise on the A&C website instead of creating his own A&C line of
products. The attempts by Bouaissa, sales agent for BL, LLC, to sell A&C merchandise continued
until early 2013.
48. During those same years, BRIAN LICHTENBERG arranged for various BRIAN
LICHTENBERG, LLC Products to be listed by consignment for sale on A&C's Website as a favor
to his brother CWL. A&C had an oral agreement with BL, LLC to pay BL, LLC a portion of the
sale proceeds of each BRIAN LICHTENBERG, LLC Product sold on the A&C Website.
49. A&C breached the agreement in that A&C sold the BRIAN LICHTENBERG, LLC
17
Products listed on its website but did not pay BL, LLC for the BRIAN LICHTENBERG, LLC
18
Products sold. BL, LLC did not press to receive the payments due because BRIAN
19 LICHTENBERG was trying to help his brother's business become successful.
20 50. During this time, while BRIAN LICHTENBERG'S career was taking off, CWL's
21 was not. CWL was struggling both personally and professionally. CWL began seeking
22 professional psychiatric assistance to battle his numerous demons. CWL's drinking was spiraling
2 3 out of control to the point that he created an alter ego known simply as "Stacey", that would come
24 out from time to time when he had too much to drink. A&C was no longer making products.
25
26
27
28
51. By the spring of 2012, CWL was a failed fashion and jewelry designer
overshadowed by the financial and creative success of BRIAN LICHTENBERG, his older brother,
in the same industry. To further illustrate CWL's desperation, in email correspondence on June 20,
2012, CWL stated to BRIAN LICHTENBERG the following: "Here are new orders but honestly
10
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
I'm not doing good financially so I feel like I might need to remove your pieces from the online
shop cuz I can't pay you anything right now and I don't want to keep racking up orders ... I feel bad
I just am doing really bad money-wise right now ... " Attached hereto as Exhibit "C" and made a
part hereof by this reference is a copy of the June 20, 2012 email exchange between CWL and
Plaintiff BRIAN LICHTENBERG.
52. CWL's desperation for money caused him to set out to steal the "Ballin" parody
design from Plaintiff BRIAN LICHTENBERG as well as create various "knock-off' merchandise
and apparel that look and feel identical to that of Plaintiff BRIAN LICHTENBERG's Products and
Designs.
53. In November 2012, CWL, as a part-time contractor for BL, LLC, worked with
BRIAN LICHTENBERG on Plaintiff BL, LLC's "Ballin with My Homies" project, which turned
out to be a huge success. CWL assisted with his usual graphic design duties as well as creating a
mailing list and assisting BRIAN LICHTENBERG with sending out to Plaintiff BL, LLC's
confidential customers and distributors from his personal computer, marketing and promotional
flyers featuring a picture of BRIAN LICHTENBERG holding a basketball while wearing a Homies
sweatshirt with the caption above the picture stating, "BALLIN WITH MY HOMIES".
54. At all times, Bouaissa, sales agent for BL, LLC, and Plaintiff BRIAN
19 LICHTENBERG made it very clear to CWL that CWL was not to use the customer lists and
2 o confidential contacts for his or anyone else's use.
21 55. On January 31,2013, BL, LLC paid CWL the amount of $2,400 dollars for services
22 rendered related to CWL's employment with BL, LLC.
23
24
25
26
27
28
56. In the course and scope of CWL's employment with BL, LLC, BRIAN
LICHTENBERG provided CWL with a sketch of the design concept for "Ballin" and at BRIAN
LICHTENBERG's direction, CWL took BRIAN LICHTENBERG's original design concept for
"Ballin" and created an electronic version of the design.
57. Any and all work CWL did or might have done was done in the course and scope of
his employment for BRIAN LICHTENBERG, LLC and was based on BRIAN LICHTENBERG's
II
COMPLAINT
1
2
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
original idea and concept.
58.
59.
BL, LLC is the sole owner of the "Ballin" designer parody design.
Prior to early 2013, the time frame when A&C and/or CWL converted and stole the
"Ballin" parody design and other valuable trade secrets from Plaintiff BRIAN LICHTENBERG and
BL, LLC, CWL Designs and A&C Products never included designer parodies. Prior to early 2013,
A&C Products and CWL Designs included the following:
"Nice Hair"
"Paws"
"Redrum"
"Lez is More"
"Killafornia"
Attached hereto as Exhibit "D" and made a part hereof by this reference are examples of the above
referenced CWL Designs.
60. BRIAN LICHTENBERG is not the only designer making and marketing designer
parodies. Other designer parodies, by designers other than BRIAN LICHTENBERG include:
"Giraunchy" a parody of Givaunchy
"Ballinciago" a parody of Balenciaga
"Comme des Fuckdown a parody of Commes des Gan;ons
61. While working for BL, LLC, CWL copied for his own use and that of his company,
A&C, BRIAN LICHTENBERG's design for "Ballin" and "Ballin Paris." CWL also copied the
characteristics of BRIAN LICHTENBERG Designer Parodies that are recognizable by the public as
emblematic of BRIAN LICHTENBERG Designs (i.e. the unique stitching, placement of the labels,
and fabric described in Paragraph 42 hereof). CWL then proceeded to use such purloined
information to enable his company, A&C, to take T -Shirts and sweatshirts using the "Ballin" and
"Ballin Paris" parody name to the market before BL, LLC.
62. Over the course of CWL's employment by BL, LLC, CWL purposefully and with
the intent to defraud, slowed down the launch of the clothing line, "BALLIN PARIS", by claiming
12
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
to be sick and not able to finish his assignments when in fact he was stealing BRIAN
LICHTENBERG's designs the entire time he was employed by BL, LLC. It was CWL who was
charged with the responsibility to take BRIAN LICHTENBERG's designs and turn them from
pencil sketches (as it is BRIAN LICHTENBERG's method to first pencil sketch his designs on a
piece of paper and then turn them over to a computer expert to simply make a computerized copy of
such pencil designs) into vectorized and fully rendered computerized designs in accordance with
fashion industry standards.
63. CWL has represented to various people and companies in the fashion industry that
his counterfeit "Ballin" design was his original design despite the fact that the "Ballin" design and
concept is the original design of BRIAN LICHTENBERG and the property of BL, LLC.
64. Without the permission of Plaintiffs, CWL copied Plaintiffs' confidential customer
lists, which lists had the names and contact information of retail outlet customers who regularly
purchased Plaintiffs' products. Each of Plaintiffs has been a successful in the fashion industry for
many years and during the course of those years has built up a valuable list of contacts. None of the
Plaintiffs would share their customer lists with a competitor.
65. On information and belief, CWL wrongfully copied the customer lists with the intent
18
to use those names and contact information to compete against Plaintiffs and did, in fact, use such
19 customer lists to sell the purloined "Ballin Paris" products.
20 66. Without the permission of the Plaintiffs, CWL contacted Flair Xu, the manufacturer
21 of BL, LLC's sweatshirts, t-shirts and beanie caps and all previous BRIAN LICHTENBERG
22 Designer Parodies.
23
24
25
26
27
28
67. As previously described in Paragraph 42 hereof, BL, LLC's sweatshirts and t-shirts
use very specific stitching, placement of labels, and fabrics which are not generally used by
sweatshirt and t-shirt designers and vendors and which are recognizable by the public as being the
hallmark of BRIAN LiCHTENBERG Designs. If a competitor of BL, LLC wanted to compete
directly with BL, LLC that competitor would have to expend a great deal of time and money in
order to re-create the labels BL, LLC uses. Likewise, the sweatshirts used by BL, LLC are not
13
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
commonly used in the industry and if a competitor wanted to compete directly with BL, LLC that
competitor would have to expend a great deal of time and money in order to re-create the same
sweatshirts and t-shirts.
68. Without permission of the Plaintiffs, CWL contacted Flair XU, BL, LLC's
manufacturer and told that manufacturer that CWL wanted to have products manufactured that
would look exactly like BL, LLC's Products. Without knowing that CWL was acting without the
permission of Plaintiffs, BL, LLC's manufacturer did manufacture products for CWL that look
virtually identical to BL, LLC Products. CWL created imitations of BL, LLC Products and BRIAN
LICHTENBERG Designer Parodies, specifically the Ballin design (hereinafter referred to as the
"Ballin Imitation"), without the consent or authorization of Plaintiffs.
69. On or about late January/early February 2013, CWL listed the Ballin Imitation for
sale on A&C's website and/or affiliated A&C websites, and began selling it.
70. On or about late January/early February 2013, Bouaissa, BL, LLC's and A&C's
sales agent at that time period, terminated his relationship with A&C due to CWL's sales of the
Ballin Imitation.
71. In late 2012 and throughout 2013, CWL and/or A&C contacted various retail
18
vendors/buyers/customer, including vendors/buyers/customer that CWL found among Plaintiffs'
19 customer lists, and offered the Ballin Imitation to them for retail sale. On information and belief,
2 o various retail vendors accepted the Ballin Imitation for sale in their stores and/or on their websites.
21 72. Defendant CWL and/or A&C knew that Plaintiff BRIAN LICHTENBERG had
2 2 ongoing business relationships and contracts with the following companies and Defendant CWL
2 3 and/or A&C intentionally interfered with those relationships from January 1, 2013 until the present:
24
A)
25
B)
26
C)
27
D)
28
E)
Kitson Clothing
Revolve Clothing
Singer 22
Devine USA
Colette
14
COMPLAINT
1
2
3
4
5
6
7
8
F)
G)
Sway Boutique
Addison + Crescent
H) Flip Munich (German distribution company)
I) Grey Ant
J) Benjamin Grenard
73. For example, on or about May 18,2013, 1:59:18 p.m. PDT, Sarah Colette, received
an email from Defendant CWL with the Subject: "Fwd: Ballin Paris Counterfeit Merchandise", that
9
I stated the following:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
74.
"Hi Sarah,
My name is Christopher Lichtenberg - I am the owner and sole
designer of Alex & Chloe. I noticed that Colette has recently
started carrying counterfeit "Ballin Paris" merchandise made by
Brian Lichtenberg. The Ballin Paris design and apparel is MY
ORIGINAL design for my company, Alex & Chloe. I am the
younger brother of Brian. Brian and his assistant, Reda Bouiassa,
are attempting to steal this design from me and my company. I do
not normally let people know that I am the owner and designer of
Alex & Chloe because I highly regard privacy and anonymity.
I am writing to ask you to please remove and stop selling the
counterfeit Ballin Paris pieces made by Brian Lichtenberg at
Colette and on Colette's eshop immediately. I have worked with
Colette for years - I even recently sent you a gift of MY
ORIGINAL Ballin Paris sweatshirt in a recent order that I had sent
to Colette and you thanked me for it. I am writing to you
personally regarding this situation without having to get my
attorney involved because I have had a really nice relationship with
Colette over the years however I need to do whatever possible to
protect my original design and my brand.
Please advise on this matter asap.
Sincerely,
Christopher Lichtenberg
Owner I Designer"
CWL and/or A&C made public statements online, including on social media
websites such as Instagram, that CWL and/or A&C were the owner of the Ballin design despite
knowing that the Ballin design was created by BRIAN LICHTENBERG and owned by BL, LLC.
15
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
75. Plaintiffs BRIAN LICHTENBERG and BL, LLC had an ongoing, existing contract
with Revolve Clothing in which Revolve Clothing was a distributor for BL, LLC merchandise and
apparel. Defendant CWL and A&C knew how to contact Revolve Clothing based upon CWL's
access to the customers lists of BRIAN LICHTENBERG and BL, LLC, and Defendants CWL and
A&C knew about the existing contract based upon CWL's prior employment by BL, LLC.
Defendants CWL and/or A&C contacted Revolve with the intention to disrupt and/or terminate the
on going and existing contract between Plaintiff BL, LLC and Revolve Clothing in or about April
2013. These communications have damaged the reputation of BL, LLC and BRIAN
LICHTENBERG.
76. On or about February 25, 2013, counsel for Plaintiffs BRIAN LICHTENBERG and
BL, LLC sent A&C and/or CWL a Cease and Desist Letter ("BL February 2013 C&D Letter")
which asserted Plaintiffs' legal rights in Ballin, documented A&C and/or CWL's intent to damage
and interfere with an ongoing vendor/buyer/customer of Plaintiffs BRIAN LICHTENBERG and
BL, LLC and demanded A&C and/or CWL to immediately cease and desist from contacting
Plaintiffs vendors/buyers/customers and to STOP selling the A&C Ballin Imitation products.
Attached hereto as Exhibit "E" and made a part hereof by this reference is the February 25, 2013
Cease and Desist Letter from Plaintiffs' counsel to A&C and CWL regarding the Ballin Imitation
products A&C was selling.
77. After receiving the BL February 2013 C&D Letter, Defendants A&C and CWL did
21 not stop selling the Ballin Imitation products and did not stop contacting Plaintiffs' confidential
2 2 vendors/buyers/customers as was requested in the letter.
23
24
25
26
27
28
78. In or about May of 2013, BRIAN LICHTENBERG and BL, LLC had an ongoing,
existing contract with Flip Munich in which Flip Munich was a distributor for BRIAN
LICHTENBERG, LLC Products. Defendant CWL and A&C knew how to contact Flip Munich
based upon CWL's access to the customers lists of BRIAN LICHTENBERG and BL, LLC, and
Defendants CWL and A&C knew about the existing contract based upon CWL's prior employment
by BL, LLC Defendants CWL and A&C contacted Flip Munich executives and instructed them
16
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
not to purchase Ballin or any other product from BL, LLC. Defendant CWL and A&C contacted
Flip Munich with the intention to disrupt and/or terminate the on going and existing contract
between Plaintiff BL, LLC and Flip Munich. These communications have damaged the reputation
of BL, LLC and BRIAN LICHTENBERG.
79. CWL and/or A&C have made public statements online, including on social media
websites such as Instagram, that BRIAN LICHTENBERG and BL, LLC were supposedly stealing
the Ballin design from CWL and A&C, and other statements to the effect that BRIAN
LICHTENBERG and/or BL, LLC were acting wrongfully despite knowing that BRIAN
LICHTENBERG and BRIAN LICHTENBERG, LLC had done nothing wrong and were at a!J times
acting within their rights. These communications have damaged the reputation of BL, LLC and
BRIAN LICHTENBERG.
not only the Ballin design from CWL and A&C, but that Plaintiffs were not the original creators of
"Homies" and "Feline", BRIAN LICHTENBERG Products that he was selling since 2011 as well
as other disparaging and false statements to the effect that BRIAN LICHTENBERG and/or BL,
LLC were acting wrongfully despite knowing that BRIAN LICHTENBERG and BRIAN
LICHTENBERG, LLC had done nothing wrong and were at all times acting within their rights.
These communications have damaged the reputation of BL, LLC and BRIAN LICHTENBERG.
81. However, in a contradictory and seemingly "Schizophrenic" communication
22 with Grey Ant executive Natalie Levy on or about February 2013 via email, CWL writes to Ms. Levy
23 telling her that he (CWL) gave the Feline design to BRIAN LICHTENBERG and that he (CWL) was
2 4 happy about giving it to his brother.
25
26
27
28
82. On or about February 13, 2013, BL, LLC' s copyright application for "Homies South
Central" was approved for copyright protection with the US Copyright Office and issued
Registration#: VA0001854404 Service Request#: 1-886906811. A true and correct copy of the
US Copyright Office Certificate of Registration (Registration#VA0001854404) which is
17
COMPLAINT
1
2
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
incorporated herein by reference, granting BL, LLC copyright protection m "Homies South
Central" is attached hereto as Exhibit "F".
83. On or about May 14, 2013, A&C and/or CWL made disparaging, false and
defamatory comments of and concerning Plaintiffs BRIAN LICHTENBERG and BL, LLC on the
public A&C Instagram website page, including but not limited to, the following statement: "The
Ballin design was designed by and for @ AlexandChloe NOT @brianlichtenberg.com - The Feline
design was designed Chris Lichtenberg, Brian Lichtenberg's younger brother, NOT Brian
Lichtenberg. The Homies Design by @reasonClothing NOT Brian Lichtenberg. Shame on Brian
Lichtenberg. Old brother's should know better! #brianlichtenberg #bltee #homies #ballinparis
#homiessouthcentral #felinetee". Attached hereto as Exhibit "G" and made a part hereof by this
reference is a copy of the May 14, 2013 screenshot of the A&C Instagram website page making
various disparaging and defamatory comments of and concerning the Plaintiffs.
84. The comments made on or about May 14, 2013 on the A&C Instagram web page
seriously confused customers within the marketplace as well as the public as a whole, causing them
to think that the products are NOT genuine BRIAN LICHTENBERG, LLC Products and BRIAN
LICHTENBERG Designs or are made without the consent of the Plaintiffs.
85. To further illustrate actual confusion by customers within the marketplace, in the
same screenshot of the A&C Instagram web page, on or about May 14, 2013 which is attached
herein as Exhibit "G", the following customers stated their actual confusion evidenced by the
comments that preceded A&C and/or CWL's disparaging, misleading and purposefully confusing
statements made on their A&C Instagram web page which are as follows:
"jyee1993 I was debating for the longest time ... I knew something was fishy-
alexandchloe BALLIN PARIS is an #AlexandChloe #og#orginal design Don't be fooled by
#overpriced #knockoffs made by #LyinBrian@brianlichtenberg - Accept no imitations.
#YouMadBro old people should know better. Brian's motto: "Don't knock it til you've
knocked it off." #memories #knockoff
alexandchloe@kitsonla".
18
COMPLAINT
1
2
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
86. The reference A&C and/or CWL made regarding "alexandchloe@kitsonla" was to
California based clothing retail vendor Kitson Clothing.
87. Thus, A&C and/or CWL's disparaging and confusing comments were also sent to
Los Angeles based retail clothing store and confidential vendor/buyer/customer of Kitson Clothing
which is further evidence of A&C and/or CWL's clear intent to intelfere and disrupt and/or cause to
terminate, Plaintiffs' ongoing business relationships with their confidential
vendors/buyers/customers. Yet another example of how A&C and/or CWL's public statements on
their A&C Instagram web page, caused ACTUAL widespread confusion within the marketplace are
further evidenced in the following statements made on or about May 2013 by Defendant A&C
and/orCWL:
"alexandchloe B-B-B-BALLIN #Cassie wearing a #Ballin Paris jumper, an
@AlexAndChloe #og #orginal design. Available at www.alexandchloe.com - Accept no
limitations. Peep the hashtags #AlexandChloe #BallinParis
radstella I'm confused
ay _ elay Lamaooooo
kyawtsan Seriously?"
Attached hereto as Exhibit "H" and made a part hereof by this reference is a copy of the May 2013
screenshot of the A&C Instagram web page making various disparaging and defamatory comments
of and concerning the Plaintiffs, which caused confusion within the marketplace.
88. CWL and/or A&C contacted, either directly or through their representative, the
social media site, Facebook, and claimed that BL, LLC's posting of photos featuring the Ballin
design supposedly infringed CWL and/or A&C's intellectual property rights, despite knowing that
BL, LLC was and is the rightful owner of the Ballin design and any and all merchandise featuring
the design. Based on CWL and/or A&C's wrongful statements to Facebook, Facebook did in fact
take down BL, LLC's photos featuring the Ballin design, thus causing economic damage to BL,
LLC and BRIAN LICHTENBERG and damage to their reputation.
89. On information and belief, CWL and/or A&C entered into an agreement with the
19
COMPLAINT
1
MARKED Defendants pursuant to which the MARKED Defendants would show and sell the A&C
2
Defendants' Imitation Ballin products in the Marked Showroom as well as providing public relation
3
services for CWL and/or A&C to promote, market, advertise and manage the overall spread
4
of information between A&C & CWL and the public with the intention of selling A&C Defendants'
5
Imitation Ballin products.
6
90. In or about late February and early March of 2012, Plaintiffs' representatives
7
contacted YI and TRAN to notify them that the "Ballin Paris" merchandise from the A&C
8
Defendants were unlawful imitations of a design owned by Plaintiffs and that the sale of such
9
merchandise was and would be in violation of the Plaintiffs' rights.
10
11
91. Despite being notified of the fact that the A&C Defendants did not have the right to
12
market or sell merchandise featuring the "Ballin Paris" design, the MARKED Defendants
13
nevertheless sold the Imitation Ballin merchandise featuring the "Ballin Paris" design.
14
92. On information and belief, CWL and/or A&C entered into an agreement with
15
MOCKETT and ENRIGHT pursuant to which MOCKETT and ENRIGHT would participate in the
16
marketing and selling of the A&C Defendants' Imitation Ballin merchandise.
17
93. In or about March and April 2013, Plaintiffs' representatives contacted MOCKETT
18
and ENRIGHT to notify him that the "Ballin Paris" merchandise from the A&C Defendants were
19 unlawful imitations of a design owned by Plaintiffs and that the marketing and selling of such
2 o merchandise was and would be in violation of the Plaintiffs' rights.
21 94. Despite being notified of the fact that the A&C Defendants did not have the right to
22 market or sell merchandise featuring the "Ballin Paris" design, MOCKETT and ENRIGHT
2 3 nevertheless marketed and/or sold the A&C Defendants' unlawful Imitation Ballin merchandise
2 4 featuring the "Ballin Paris" design.
25
26
27
28
95. Recently, emboldened by their theft of the Ballin products and design, Defendants
CWL and/or A&C, whom have never been in the business of making spoofs like Homies, Ballin,
Bucci, and Feline on sweatshirts, muscle t-shirts, t-shirts and beanie caps have transformed their
entire business into making imitations of virtually all BRIAN LICHTENBERG, LLC Products and
20
COMPLAINT
1
BRIAN LICHTENBERG Designs. CWL and A&C copy the same stitching throughout the
2
garment and on the logo, the same colors, the same styles (i.e. sweatshirts, beanies and t-shi11s), and
3
same logos that have been distinctive to BRIAN LICHTENBERG, LLC Products and BRIAN
4
LICHTENBERG Designs. These imitation products are herein collectively referred to as "Imitation
5
BL, LLC Products". The Imitation BL, LLC Products confused the public and caused them to think
6
that the products are genuine BRIAN LICHTENBERG, LLC Products and BRIAN
7
LICHTENBERG Designs or are made with the consent of the Plaintiffs.
8
96. Defendants CWL and/or A&C stole press and publicity photos from BL, LLC
9
regarding Nina Garcia and Justin Beiber whom were wearing Plaintiffs' Ballin garments.
10
11
Defendants CWL and/or A&C copied and pasted public photos to the A&C Website.
12
97. Additionally to confuse the public, CWL and A&C are using the press pictures and
13
videos of various celebrities wearing BL, LLC Ballin merchandise and then posting those pictures
14
on the A&C website which has caused tremendous consumer confusion in the marketplace.
15
98. A&C and/or CWL and his affiliated websites, including but not limited to the Marked
16
website(s) freely admit that their A&C Imitation Products are somehow actually endorsed by various
17
celebrities including Nina Garcia, Cassie, Ciara, Vanesa Hudgens, Chaelin from the music group
18
2NE1, Ellie Goulding, Wiz Khalifa, Ashley Benson and Steff Bambi, when in fact A&C and CWL
19
have not acquired the proper authorizations to use, the previously mentioned celebrities name and
20 likeness to sell his inferior Ballin Imitation products.
21 99. Defendant TRAN, YI and MARKED are assisting Defendant CWL and/or A&C in
22 this infringement. Plaintiff BRIAN LICHTENBERG has been forced to change his entire press
2 3 relations' strategy regarding the Ballin property.
24
25
26
27
28
100. As recent as August 29,2013, A&C and/or CL contacted Plaintiff BRIAN
LICHTENBERG and BRIAN LICHTENBERG, LLC's most important vendor/buyer/distributor
Kitson Clothing via email, at said that celebrities Joel Madden, Cara Delevingne and Amber Rose
were recently photographed wearing A&C Ballin Imitation products even though this was untrue.
A&C and/or CWL interfered with Plaintiffs' confidential contact Kitson Clothing with intent to
21
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
destroy, disrupt and terminate Plaintiffs ongoing business relationship with its confidential contacts
in Kitson Clothing. Kitson employee Tony Chinn informed Plaintiffs BRIAN LICHTENBERG and
BL, LLC that A&C's statements were false when he sent Plaintiffs an email on or about August 29,
2013 stating that Joel Madden, for example, bought the Ballin cap he was wearing in certain press
and publicity pictures wrongly posted on the A&C Website and affiliated websites, from the Kitson
store and NOT A&C and/or CWL.
COUNTl
TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT AND FALSE
DESIGNATION OF ORIGIN UNDER SECTION 43(a) OF THE LANHAM ACT,JS U.S.C.
1 1 2 5 ( a ) ~ AND TRADEMARK DILUTION UNDER SECTION 43(c) OF THE LANHAM
ACT,JS U.S.C. 1125(c)
(Against CWL, A&C, MARKED, YI)
12 101. Plaintiffs hereby incorporate each and every allegation contained in the preceding
13 paragraphs 1-100 as though fully set forth herein.
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
102. Defendants' wrongful use of the name "Ballin" and "Ballin Paris" is likely to cause
confusion, or to cause mistake, or to deceive the public into thinking that Defendants' products
using such names are BRIAN LICHTENBERG Designer Parodies or BRIAN LICHTENBERG,
LLC Products, or that such products are sponsored by or have been approved by BRIAN
LICHTENBERG or BL, LLC.
103. Defendants wrongful use of the same fabrics, stitching, and label location in their
Imitation BL, LLC Products as is identified by the public with BRIAN LICHTENBERG Designer
parodies and BRIAN LICHTENBERG, LLC Products is likely to cause confusion, or to cause
mistake, or to deceive the public into thinking that Defendants' Imitation BL, LLC Products are
genuine BRIAN LICHTENBERG Designer Parodies and genuine BRIAN LICHTENBERG, LLC
Products, or that such products have been approved by BRIAN LICHTENBERG or BL, LLC.
104. By reason of the foregoing acts, Defendants are liable to Plaintiffs for Trademark
Infringement and Trade Dress Infringement under 15 U .S.C. 1125(a) and Trademark Dilution under
15 U.S.C. 1125(c).
22
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
12
13
105. The Defendants' wrongful conduct, unless enjoined and restrained by order of this
Com1, will cause great and irreparable injury to Plaintiffs' business in that BL, LLC and BRIAN
LICHTENBERG have lost a large number of sales and their reputations have been damaged.
I 06. The Plaintiffs have no adequate remedy at law for the injuries currently being
suffered in that the Defendants will continue to infringe on the trademarks and trade dress of
Plaintiffs without restraint.
107. The Plaintiffs have also incurred monetary damage from the lost sales and damage to
their reputations.
COUNT2
VIOLATION OF CALIFORNIA UNIFORM TRADE SECRETS ACT,
CAL. CIV. CODE 3426 ET SEQ
(Against CWL, A&C)
108. Plaintiffs hereby incorporate each and every allegation contained in the preceding
14
paragraphs 1-107 as though fully set forth herein.
15
109. The customer lists maintained by BRIAN LICHTENBERG and BL, LLC were
16 confidential and proprietary and were trade secrets that had economic value because they were non-
1 7 public information of names and contacts of retail outlets interested in selling products like BRIAN
18 LICHTENBERG Design Parodies and BRIAN LICHTENBERG, LLC Products.
19
20
21
22
23
24
25
26
27
28
110. Similarly, manufacturer lists maintained by BRIAN LICHTENBERG and BL, LLC,
containing the names and contact information of manufacturers that manufactured BRIAN
LICHTENBERG Design Parodies and BRIAN LICHTENBERG, LLC Products, were confidential
and proprietary and were trade secrets that had economic value because such manufacturers knew
the manufacturing specifications necessary for a product to have the unique characteristics
(stitching, labeling, fabrics) of BRIAN LICHTENBERG Design Parodies and BRIAN
LICHTENBERG Products.
111. Similarly, the manner of manufacture of the BRIAN LICHTENBERG Design
parodies and the BRIAN LICHTENBERG, LLC Products, including but not limited to unique
23
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
stitching of the fabrics, the fabrics, the size and placement of the parody labels, and the color
schemes were confidential and proprietary and were trade secrets that had economic value.
112. These confidential and proprietary customer lists, manufacturer lists, and product
specifications are hereinafter referred to, collectively, as the "BRIAN LICHTENBERG Trade
Secrets." The BRIAN LICHTENBERG Trade Secrets were the result of a substantial amount of
time, energy and money on the part of Plaintiffs.
113. The BRIAN LICHTENBERG Trade Secrets have economic value in that it is
information not generally known to other apparel designers and represented many years of research
and client communications.
114. The BRIAN LICHTENBERG Trade Secrets are trade secrets which merited legal
protection from the A&C Defendants' misappropriation in that the A&C Defendants contacted
names on the customer lists to sell the Imitation BL, LLC Products, contacted at least one of the
manufacturers to get such manufacturer to make the Imitation BL, LLC Products appear identical to
BRIAN LICHTENBERG Design Parodies and BRIAN LICHTENBERG, LLC Products, and
produced and sold Imitation BL, LLC products that made use of the unique stitching of the fabrics,
the fabrics, the size and placement of the parody labels, and the color schemes
115. In or about January 2013, CWL, with the knowledge and participation of A&C,
1
9 misappropriated the BRIAN LICHTENBERG Trade Secrets by copying them, leaving the
20 employment of Plaintiffs, manufacturing imitation apparel items, and contacting the contacts
21 contained in the trade secrets.
22
23
24
25
26
27
28
116. As a proximate result of the misappropriation of the BRIAN LICHTENBERG Trade
Secrets and use by the A&C Defendants, BL, LLC and BRIAN LICHTENBERG has suffered
actual damages. As a further proximate result of the misappropriation, the A&C Defendants have
been unjustly enriched by using the trade secrets to manufacture imitation apparel items and sell
them.
117. Plaintiffs are informed and believe and thereon allege that the aforementioned acts
by the A&C Defendants were willful and malicious in that they misappropriated the BRIAN
24
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
LICHTENBERG Trade Secrets with the deliberate intent to injure Plaintiffs' businesses and
reputations and improve their own. BL, LLC and BRIAN LICHTENBERG are therefore entitled to
exemplary damages and reasonable attorney's fees.
118. The A&C Defendants' wrongful conduct in misappropriating the BRIAN
LICHTENBERG Trade Secrets, unless enjoined and restrained by order of this com1, will cause
great and irreparable injury to Plaintiffs' business in that BRIAN LICHTENBERG, LLC has lost a
great sales and its reputation has been damaged.
119. The Plaintiffs have no adequate remedy at law for the injuries currently being
suffered in that the A&C Defendants will continue to use the BRIAN LTCHTENBERG Trade
Secrets to manufacture imitation items and contact Plaintiffs' contacts, and Plaintiffs would be
required to maintain a multiplicity of judicial proceedings to protect their interests.
COUNT3
VIOLATION OF CALIFORNIA UNFAIR COMPETITION ACT
Cal. Bus. and Prof. Code 17200 et seq.
(Against All Defendants)
120. Plaintiffs hereby incorporate each and every allegation of the preceding paragraphs
17 1-119 as though fully set forth herein.
18
19
20
21
22
23
24
25
26
27
28
121. By the above described acts and omissions of Defendants, and each of them, in the
selling of merchandise featuring the "Ballin Paris" design, falsely claiming ownership of the "Ballin
Paris" design and/or falsely alleging that BRIAN LICHTENBERG and/or BL, LLC had stolen the
"Ballin Paris" design, Defendants, and each of the them, have engaged and are continuing to engage
in unfair competition prohibited by and in violation of the provisions of California Business and
Professions Code 17200 et seq.
122. Plaintiffs are informed and believe and on such information and belief allege that the
A&C Defendants, and each of them, have engaged in the same or similar unfair, unlawful and
immoral conduct with respect of the intellectual property rights of others, including using without
right or permission of designs belonging to Chanel and Warner Brothers.
25
COMPLAINT
1
123. Plaintiff BL, LLC is an interested person within the meaning of California Business
2
and Professions Code 17204, because it is a direct victim of Defendants' unlawful business
3
practices and has suffered actual damages as a consequence thereof.
4
124. Plaintiff BRIAN LICHTENBERG is an interested person within the meaning of
5
California Business and Professions Code 17204, because he is a direct victim of Defendants'
6
unlawful business practices and has suffered actual damages as a consequence thereof.
7
125. Unless restrained, Defendants, and each of them, will continue to engage in the
8
above-described unlawful and unfair business practices.
9
126. Defendants, and each of them, should be restrained pursuant to California Business
10
11
and Profession Code 17203, from employing and continuing to engage in any of the unlawful,
12
unfair and despicable business practices alleged in this complaint.
13
127. Defendants, and each of them, should be ordered pursuant to California Bus. & Prof.
14
C. 17203, to disgorge and make restitution to BRIAN LICHTENBERG, LLC of all money or
15
property which they have acquired as a result of unlawful practices described above, and to pay
16
interest accrued at the maximum legal rate according to proof on the money ordered disgorged.
17
128. Plaintiffs are without an adequate remedy at law and will suffer irreparable damage
18
and injury if Defendants, and each of them, are not enjoined from engaging in and perpetrating their
19 unlawful practices.
20 129. Plaintiffs have employed counsel to represent them in the prosecution of this cause
21 of action, and have incurred and will incur attorney's fees in connection therewith. Pursuant to
22 California Civil Code 1717, Plaintiffs are entitled to an award of reasonable attorney's fees should
23
they be the prevailing party in this action, the exact amount of which is unknown at this time.
24
COUNT4
25
Intentional Interference with Prospective Economic Advantage
26
(By BL, LLC Against Defendants CWL and A&C)
27
28 1-129 as though fully set forth herein.
26
COMPLAINT
1
131. BL, LLC was in an economic relationship with certain retail vendors of fashion
2
apparel and accessories (hereinafter, the "Buyers"). BL, LLC' s economic relationship with the
3
Buyers resulted, and in the future, through the sale of "Ballin" and "Ballin Paris" products would
4
have resulted in, economic benefit to BL, LLC.
5
132. Defendants knew of BL, LLC's economic relationship with the Buyers.
6
133. Defendants intended to disrupt BL, LLC's economic relationship with the Buyers, in
7
that Defendants knew or were substantially certain that a disruption would result from their
8
conduct.
9
134. Defendants engaged in wrongful conduct through wrongfully misappropriating the
10
11
Ballin Paris design from BL, LLC and/or using the BRIAN LICHTENBERG Trade Secrets to
12
manufacture knock-off versions of merchandise featuring the Ballin design then manufacturing,
13
marketing and selling that merchandise to the Buyers (hereinafter referred to as the "Counterfeit
14
Sales").
15
135. The Counterfeit Sales disrupted BL, LLC's economic relationship with the Buyers.
16
136. BL, LLC was harmed as a result of the disruption of the economic relationship.
17
137. Defendants' wrongful conduct was a substantial factor in causing BL, LLC's harm.
18
COUNT 5
Intentional Interference with Contractual Relations
19
20
(Against Defendants CWL and A&C)
21
22
1-137 as though fully set fm1h herein.
23
139. Plaintiff BRIAN LICHTENBERG and BL, LLC claim that Defendants CWL and
24
A&C intentionally interfered with the contracts between them and Flip Munich, Revolve Clothing,
25
Singer22 and Kitson described in Paragraphs 72, 78, 82, 86, 87, 88 and 142.
26
140. Defendant CWL and A&C knew of the contracts.
27
141. Defendant CWL and A&C intended to disrupt the performance of the contracts by
28 contacting Flip Munich, Revolve Clothing, Singer22 and Kitson and claiming that the Plaintiffs had
27
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
stolen the "Ballin" and "Ballin Paris" products.
142. Plaintiffs BRIAN LICHTENBERG and BL, LLC were harmed in that they have lost
sales of BRIAN LICHTENBERG Design parodies and BRIAN LICHTENBERG, LLC Products.
143. Defendant CWL and A&C's conduct was a substantial factor in causing of
Plaintiffs' harm.
COUNT6
Defamation, Libel and Slander
(Against A&C and CWL)
1-143 as though fully set fmth herein.
145. Plaintiffs have been harmed by the A&C Defendants claiming that they are the
rightful creators and owners of the Ballin design, not Plaintiffs, and further, by claiming that
Plaintiffs are or have acted wrongfully in marketing and selling merchandise featuring the Ballin
design.
146. In addition to communications described earlier in this Complaint, the A&C
16 Defendants have stated numerous times on Instagram.com that "Ballin in Paris is actually
17 @AlexAndChloe," and "This design is completely @AlexAndChloe It's so unfortunate what it
18 looks like Brian Lichtenberg is trying to do ... We've been his number one supporter for over a
19 decade. It's devastating. You'll see ... " The A&C Defendants also embedded the hash-tags:
2 o "#blballin #whatajoke" in reference to Plaintiffs on Instagram.com.
21
22
23
24
25
26
27
28
147. Instagram.com is a publically accessible website and the A&C Defendants'
Instagram comments are viewable and accessible to the public.
not only the Ballin design from CWL and A&C, but that Plaintiffs were not the original creators of
"Homies" and "Feline", BRIAN LICHTENBERG Products that he was selling since 2011 as well as
other disparaging and false statements to the effect that BRIAN LICHTENBERG and/or BL, LLC
28
COMPLAINT
1
2
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
were acting wrongfully despite knowing that BRIAN LICHTENBERG and BRIAN
LICHTENBERG, LLC had done nothing wrong and were at all times acting within their rights.
These communications have damaged the reputation of BL, LLC and BRIAN LICHTENBERG.
149. However, in a contradictory and seemingly "Schizophrenic" communication
with Grey Ant executive Natalie Levy on or about February 2013 via email, CWL writes to Ms.
Levy telling her that he (CWL) gave the Feline design to BRIAN LICHTENBERG and that he
(CWL) was happy about giving it to his brother.
150. On or about February 13, 2013, BL, LLC' s copyright application for "Homies South
Central" was approved for copyright protection with the US Copyright Office and issued Registration
#: VA0001854404 Service Request#: 1-886906811.
151. On or about May 14,2013, A&C and/or CWL made disparaging, false and defamatory
comments of and concerning Plaintiffs BRIAN LICHTENBERG and BL, LLC on the public A&C
Instagram website page, including but not limited to, the following statement: "The Ballin design was
designed by and for @AlexandChloe NOT @brianlichtenberg.com- The Feline design was designed
Chris Lichtenberg, Brian Lichtenberg's younger brother, NOT Brian Lichtenberg. The Homies
Design by @reasonClothing NOT Brian Lichtenberg. Shame on Brian Lichtenberg. Old brother's
should know better! #brianlichtenberg #bltee #homies #ballinparis #homiessouthcentral #felinetee".
152. These statements by the A&C Defendants were false.
153. These statements were proven false since (1) the rightful copyright owner of
"Homies", which is short for "Homies South Central", is Plaintiff BL, LLC as confirmed by
Plaintiffs copyright registration form attached to this complaint; and, (2) based upon email
correspondence from CWL to Ms. Natalie Levy in which he (CWL) stated that he gave the Feline
design to Plaintiff BRIAN LICHTENBERG, clearly confirms that A&C and/or CWL's postings on
Instagram in paragraph 83 stating that CWL was the true owner of Feline were clear and outright
lies. On the one hand CWL says that he is the rightful and true owner of the Feline design and then,
completely contradicts himself by saying to Ms. Levy that he gave the Feline design to Plaintiff
BRIAN LICHTENBERG.
29
COMPLAINT
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
154. The A&C Defendants knew the statements were false.
155. These statements by the A&C Defendants, published on Instagram.com showed
Plaintiffs in a false light.
156. The false light created by the publication would be highly offensive to a reasonable
person in Plaintiffs' position.
157. The A&C Defendants knew the publication of the statements on Instagram.com
would create a false impression about Plaintiffs or acted with reckless disregard for the truth.
158. Plaintiffs have been harmed by the A&C Defendants' statements.
159. The A&C Defendants' wrongful conduct was a substantial factor in causing harm to
Plaintiffs' businesses, trades and reputations.
160. The A&C Defendants' wrongful conduct has caused Plaintiff BRIAN
LICHTENBERG to suffer shame, mortification and/or hurt feelings.
Count7
Common Count
(By BL, LLC Against A&C)
18
1-160 as though fully set forth herein.
19
162. BL, LLC agreed to deliver certain BRIAN LICHTENBERG, LLC Products to A&C
2 o for A&C to market and offer for sale on the A&C website. A&C agreed to market and sell the
21 BRIAN LICHTENBERG, LLC Products and pay BRIAN LICHTENBERG, LLC fifty percent
22 (50%) of the proceeds from such sales.
23
24
25
26
27
28
163. In or about early 2013, BL, LLC began delivering BRIAN LICHTENBERG, LLC
Products to A&C to market and sell, as set forth above, but A&C has not paid BL, LLC fifty
percent (50%) of the proceeds from such sales.
164. Upon information and belief, a sum of approximately $30,000 is due to BL, LLC
and unpaid by A&C despite BL, LLC's demand.
165. BL, LLC is entitled to prejudgment interest on the sums unpaid, as set forth above,
30
COMPLAINT
1
2
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
together with attorney's fees.
WHEREFORE, Plaintiffs BRIAN LICHTENBERG and BL, LLC pray judgment against
Defendants named in the applicable counts as follows:
COUNTl
1. For injunctive relief prohibiting Defendants, their officers, directors, agents,
representatives, successors or assigns, and all persons acting in concert or in participation with any
of them from:
(a) manufacturing, distributing, delivering, shipping, importing, exporting, advertising,
marketing, promoting, selling or otherwise offering for sale Imitation Ballin Products or any
other products produced by Plaintiffs or confusingly similar to Plaintiffs' Products, or that
otherwise bear, contain, display, or utilize any of Plaintiffs' Marks, Products or Designs any
derivation or colorable imitation thereof, or any mark confusingly similar thereto or likely to
dilute or detract from the Plaintiffs' Marks, Designs and Products; and,
(b) making or employing any other commercial use of Plaintiffs' Marks, Products or
Designs, any derivation or colorable imitation thereof, or any mark confusingly similar
thereto or likely to dilute or detract from the Plaintiffs' Marks, Products or Designs; and,
(c) using any other false designation of origin or false description or representation or any
other thing calculated or likely to cause confusion or mistake in the mind of the trade or
public or to deceive the trade or public into believing that Defendants' products or activities
are in any way sponsored, licensed or authorized by or affiliated or connected with
Plaintiffs; and,
(d) doing any other acts or things calculated or likely to cause confusion or mistake in the
mind of the public or to lead purchasers or consumers or investors into the belief that the
products or services promoted, offered, or sponsored by Defendants come from Plaintiffs or
their licensees, or are somehow licensed, sponsored, endorsed, or authorized by, or
otherwise affiliated or connected with Plaintiffs; and,
(e) moving, returning, or otherwise disposing of, in any manner, any of Defendants'
31
COMPLAINT
1
2
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
Imitation Products or A&C counterfeit products or any other products confusingly similar to
Plaintiffs' Products, or that otherwise bear, contain, display, or utilize any of Plaintiffs'
Marks, Designs or Products, any derivation or colorable imitation thereof, or any mark
confusingly similar thereto or likely to dilute or detract from the Plaintiffs' Marks, Designs
and Products; and,
(f) further diluting and infringing all Plaintiffs' Marks, Designs and Products and damaging
Plaintiffs' goodwill; and,
(g) otherwise competing unfairly with Plaintiffs or any of their authorized licensees in any
manner; and,
(h) injunctive relief enjoining Defendants from using in any way the Brian Lichtenberg
Trade Secrets; and,
(i) assisting, aiding, or abetting any other person or business entity in engaging in or
performing any of the activities referred to in the above subparagraphs (a) through (h), or
effecting any assignments or transfers, forming new entities or associations, or utilizing any
other device for the purpose of circumventing or otherwise avoiding the prohibitions set
forth in subparagraphs (a) through (h) the continued infringement of the unregistered
trademarks and prohibiting the continued trade dress infringement; and,
2.
3.
4.
Direct Defendants to account to Plaintiffs for their profits and order that the
Plaintiffs recover their damages arising out of the acts of deception and infringement
described above, and a sum equal to three times such profits or damages (whichever
is greater), pursuant to 15 U.S.C. 1117(a) and (b); and,
Award Plaintiffs statutory damages of $100 million representing $2,000,000 per
counterfeit mark per type of goods or services sold, offered for sale, or distributed,
pursuant to 15 U.S.C. 1117(c); and,
Direct Defendants to recall and remove from all stores, shops, markets, outlets,
catalogues, websites, or other channels of commerce any Imitation Products or
counterfeit products or any other products confusingly similar to Plaintiffs' Products,
32
COMPLAINT
1
2
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
or that otherwise bear, contain,
display, or utilize any of Plaintiffs' Marks, Designs or Products, any derivation or
colorable imitation thereof, or any mark confusingly similar thereto or likely to
dilute or detract from the Plaintiffs' Marks, Designs or Products, that are in
Defendants' possession or control and all means of making the same; and,
5. Direct Defendants to deliver up for destruction all Imitation Products or counterfeit
6.
7.
products or any other products confusingly similar to Plaintiffs' Products, or that
otherwise bear, contain, display or utilize any of Plaintiffs' Marks, Designs or
Products any derivation or colorable imitation thereof, or any mark confusingly
similar thereto or likely to dilute or detract from the Plaintiffs' Marks, Designs or
Products that are in Defendants' possession or control and all means of making the
same, in accordance with 15 U.S.C. 1118; and,
Direct Defendants to deliver up for destruction any and all guarantees, circulars,
price lists, labels, signs, prints, packages, wrappers, pouches, receptacles, advertising
matter, promotional, and other materials in the possession or control of Defendants
bearing any of Plaintiffs' Marks, Designs or Products, any derivation or colorable
imitation thereof, or any mark confusingly similar thereto or likely to dilute or
detract from the Plaintiffs' Marks, Designs or Products, in accordance with 15
U.S.C. 1118; and,
Direct Defendants to supply Plaintiffs with a complete list of entities from whom
they purchased and to whom they distributed and/or sold Imitation Products or
counterfeit products or any other products confusingly similar to Plaintiffs' Products,
or that otherwise bear, contain, display or utilize any of Plaintiffs' Marks, Designs or
Products, any derivation or colorable imitation thereof, or any mark confusingly
similar thereto or likely to dilute or detract from the Plaintiffs' Marks, Designs or
Products and to provide the manner through which the Defendants Imitation
Products or counterfeit products or other products were paid, including any bank
33
COMPLAINT
1
2
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
accounts to, through, or from which funds were wired; and,
8. Direct Defendants to file with the Court and serve on counsel for Plaintiffs within
thirty (30) days after entry of any injunction issued by the Court in this action, a
sworn written statement pursuant to 15 U.S .C. 1116( a) setting forth in detail the
manner and form in which Defendants have complied with any injunction which the
Court may enter in this action; and,
9. Award Plaintiffs their reasonable attorneys' fees along with the costs and
10.
11.
12.
1.
disbursements incurred herein as a result of Defendants' intentional and willful
infringement, pursuant to 15 U.S .C. 1117; and,
Order that any of Defendants' assets that are held by or within the control of entities
that are subject to the jurisdiction of this Court, be restrained and frozen pending the
outcome of this action so that Plaintiffs' right to the damages set forth in this
Complaint is not later rendered meaningless; and,
For any other statutory exemplary damages; and,
For damages in an amount to be proven at trial.
COUNT2
For injunctive relief prohibiting Defendants, their officers, directors, agents,
of them from:
otherwise bear, contain, display, or utilize any of Plaintiffs' Marks, any derivation or
colorable imitation thereof, or any mark confusingly similar thereto or likely to dilute or
detract from the Plaintiffs' Marks, Designs and Products; and,
34
COMPLAINT
1
2
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
Plaintiffs; and,
and Products; and,
manner; and,
Trade Secrets; and,
35
COMPLAINT
1
2
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
20 For statutory exemplary damages; and,
40 For actual damages in an amount to be proven at trial; and,
50 For attorney's fees 0
10 For injunctive relief prohibiting Defendants, their officers, directors, agents,
of them from:
otherwise bear, contain, display, or utilize any of Plaintiffs' Marks, Products or Designs, any
Plaintiffs; and,
36
COMPLAINT
1
2
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
and Products; and,
manner; and,
Trade Secrets; and,
2.
3.
4.
5.
1.
For restitution consisting of disgorgement of ill gotten gains; and,
For restitution consisting of "money taken" restitution to recover money obtained by
Defendants taken through an unfair business practice or practices; and,
For restitution consisting of "vested interest" restitution to recover money or
property that Plaintiffs have a vested interest; and,
COUNT4
37
COMPLAINT
1
2
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
representatives, successors or assigns, and all persons acting in concert or in participation
with any of them from:
(a) manufacturing, distributing, delivering, shipping, importing, expmting, advertising,
Plaintiffs; and,
and Products; and,
38
COMPLAINT
1
2
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
manner; and,
Trade Secrets; and,
2. For injunctive relief enjoining Defendants, and each of them, from continuing to
interfere with the economic relationship between Plaintiffs and their customers; and,
3.
4.
5.
1.
For compensatory damages in an amount to be proven at trial; and,
For punitive damages; and,
COUNTS
of them from:
39
COMPLAINT
1
2
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
Plaintiffs; and,
and Products; and,
manner; and,
Trade Secrets; and,
40
COMPLAINT
1
2
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
2. For injunctive relief enjoining Defendants, and each of them, from continuing to
interfere with the economic relationship between Plaintiffs and their customers; and,
3. For compensatory damages in an amount to be proven at trial; and,
4. For punitive damages; and,
5. For damages in an amount to be proven at trial.
1.
2.
3.
4.
1.
2.
3.
4.
1.
2.
3.
COUNT6
General damages in a sum according to proof; and,
Special damages including loss of income, earnings benefits and other consequentia
damages and incidental damages in a sum according to proof; and,
Punitive damages; and,
COUNT7
Defendants pay Plaintiffs a sum in the amount of approximately $30,000; and,
Defendants pay Plaintiffs any and all prejudgment interest on the sums unpaid, as set
forth above in paragraph 1 to this, Count 7; and,
Attorney's fees; and,
ALL COUNTS
Costs of suit; and,
For damages in an amount to be proven at trial; and,
Such other relief as the court may deem appropriate.
.JURY DEMAND
Demand is hereby made for a jury trial of all issues triable before a jury.
41
COMPLAINT
1
2
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
Dated: September 17, 2013
DAVID GRAZIANI, ESQ.
RONALD D. TYM, ESQ.,
Attorney for Plaintiffs, Brian Lichtenberg, LLC and
Brian Lichtenberg
42
COMPLAINT
1
2
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
43
COMPLAINT
Case 2:13-cv-06837-DDP-PJW Document 1-1 Filed 09/17/13 Page 1 of 1 Page ID #:99
CENTRAL DISTRICT OF CALIFORNIA
NOTICE OF ASSIGNMENT TO UNITED STATES JUDGES
This case has been assigned to District Judge ____ D_e_a_n_D_._P_r_.eg_,_e_rs_o_n ____ and the assigned
Magistrate Judge is Patrick J. Walsh
The case number on all documents filed with the Court should read as follows:
2:13-CV-6837-DDP (PJWx)
Pursuant to General Order 05-07 of the United States District Court for the Central District of
California, the Magistrate Judge has been designated to hear discovery related motions.
All discovery related motions should be noticed on the calendar of the Magistrate Judge.
September 17, 2013
Date
Clerk, U.S. District Court
By MDAVIS
Deputy Clerk
NOTICE TO COUNSEL
A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is
filed, a copy of this notice must be served on all plaintiffs).
Subsequent documents must be filed at the following location:
Western Division
312 N. Spring Street, G-8
D Southern Division
411 West Fourth St., Ste 1053
Santa Ana, CA 92701
D Eastern Division
3470 Twelfth Street, Room 134
Riverside, CA 92501
Failure to file at the proper location will result in your documents being returned to you.
CV-18 (08/13) NOTICE OF ASSIGNMENT TO UNITED STATES JUDGES
David Graziani, Esq. (SBN#276009)
The Law Offices of David Graziani, P.C.
Wilshire Blvd., Suite 1101
Tel: 310-935-4088
Fax: 310-935-4076
E-mail: david@davidgrazianiPC.com
BRIAN LICHTENBERG, LLC, a California limited CASE NUMBER
liability company; and BRIAN LICHTENBERG, an
individual,
V. PLAINTIF;ts)"' c v
ALEX & CHLOE, INC., a California corporation;
CHRISTOPHER WALTER LICHTENBERG, an
individual; [see Attachment for complete caption]
SUMMONS
DEFENDANT(S).
TO: DEFENDANT(S):
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it), you
must serve on the plaintiff an answer to the attached D amended complaint
0 counterclaim 0 cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer
or motion. must be served <;>n the_nlaintiffs attorney David Graziani, Esq. , whose address is
10880 Wllshore Blvd., Smte 11m, Los Angeles, c'A 90024 . If you fail to do so,
judgment by default will be entered against you for the relief demanded in the complaint. You also must file
your answer or motion with the court.
By: lJI/a. 4
Deputy lerk
(Seal of the Court)
[Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States. Allowed
60 days by Rule 12(a)(3)}.
CV-01A (10/11 SUMMONS
1
2
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
ATTACHMENT TO SUMMONS
BRIAN LICHTENBERG, LLC, a
California limited liability company; and
BRIAN LICHTENBERG, an individual,
Plaintiffs,
vs.
individual,
Defendants.
The Law Offices of David Graziani, P.C.
Tel: 310-935-4088
Fax: 310-935-4076
individual, Q
6 8
3 7
V. PLAINTIFF(S) . c v 13 - . , .
ALEX & CHLOE, INC., a California corporation; ' .\
SUMMONS
DEFENDANT(S).
TO: DEFENDANT(S):
must serve on the plaintiff an answer to the complaint D amended complaint
D counterclaim D cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer
or motion must be served on the_P-laintiffs attorney David Graziani, Esq. , whose address is
10880 Wilshore Blvd., Suite 1101, Los Angeles, cA 90024 . If you fail to do so,
l
'
Dated:------------
60 days by Rule 12(a)(3)}.
CV-OIA (10/11 SUMMONS
1
2
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
ATTACHMENT TO SUMMONS
BRIAN LICHTENBERG, LLC, a
California limited liability company; and
BRIAN LICHTENBERG, an individual,
Plaintiffs,
vs.
individual,
Defendants.
The Law Offices of David Graziani,"P.C.
Tel: 310-935-4088
Fax: 310-935-4076
individual,
PLAINTIFF(S)
v.
ALEX & CHLOE, INC., a California corporation;
DEFENDANT(S).
TO: DEFENDANT(S):
SUMMONS
must serve on the plaintiff an answer to the attached [!'(complaint 0 amended complaint
0 counterclaim 0 cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer
or motion must be served on the_Qlaintiffs attornGY David Graziani, Esq. , whose address is
10880 Wilshore Blvd., Suite 11m, Los Angeles, cA 90024 . If you fail to do so,
Dated:------------
By: __________________________ _
Deputy Clerk
(Seal ofthe Court)
60 days by Rule 12(a)(3)].
CV-01A (10/11 SUMMONS
CIVIL COVER SHEET
I. (a) PLAINTIFFS (Check box if you are representing yourself 0 )
Brian Lichtenberg, LLC and Brian Lichtenberg
(b) Attorneys (Firm Name, Address and Telephone Number. If you
are representing yourself, provide same information.)
DEFENDANTS (Check box if you are representing yourself D )
Alex & Chloe, Inc., Christopher Walter Lichtenberg; Marked Showroom, LLC,
Jaqueline Yi, Tu Tran, Kyle Mockett, and Kaytee Enright
(b) Attorneys (Firm Name, Address and Telephone Number. If you
are representing yourself, provide same information.)
David Graziani, Esq., Law offices of David Graziani, P.C.10880 Wilshire Blvd.,
Suite 1101, Los Angeles, CA 90024 Tel: 310-935-4088
Ronald Tym, Esq., 7120 Carlson Circle, #263, Canoga Park, CA 91303
818-836-1428
II. BASIS OF JURISDICTION (Place an X in one box only.)
D 1. U.S. Government
Plaintiff
0 2. U.S. Government
Defendant
~ 3. Federal Question (U.S.
Government Not a Party)
0 4. Diversity (Indicate Citizenship
of Parties in Item Ill)
IV. ORIGIN (Place an X in one box only.)
Ill. CITIZENSHIP OF PRINCIPAL PARTIES-For Diversity Cases Only
(Place an X in one box for plaintiff and one for defendant)
PTF DEF PTF DEF
Citizen ofThis State D
1
D
1
Incorporated or Principal Place D
4
D
4
of Business in this State
Citizen of Another State D 2 D 2 Incorporated and Principal Place D
5
D
5
of Business in Another State
Citizen or Subject of a
Foreign Country
D 3 D 3 Foreign Nation
1.0riginal
Proceeding
D
2. Removed from
State Court
D
3. Remanded from
Appellate Court
R
d 6. Multi-
D
4. emstate or D 5. Transferred from Another 0 District
Reopened District (Specify) Litigation
V. REQUESTED IN COMPLAINT: JURY DEMAND: ~ Yes 0 No (Check "Yes" only if demanded in complaint.)
CLASSACTIONunderF.R.Cv.P.23: 0Yes ~ N o ~ MONEYDEMANDEDINCOMPLAINT: $ 100,000,000
VI. CAUSE OF ACTION (Cite the U.S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)
15 U.S.C. Section 1125(a), (c)--Unregistered trademark infringement, trade dress infringement, false designation of origin, trademark dilution.
VII. NATURE OF SUIT (Place an X in one box only).
375 False Claims Act
400 State
Reapportionment
120 Marine
D
41 0 Antitrust
D 130 Miller Act
D
430 Banks and Banking
D
140 Negotiable
Instrument
D
450 Commerce/ICC
150 Recovery of
Rates/Etc.
D
Overpayment &
D
460 Deportation Enforcement of
470 Racketeer lnflu-
Judgment
D
enced & Corrupt Org.
D
151 Medicare Act
D
480 Consumer Credit 1 52 Recovery of
D
490 Cable/Sat TV
D
Defaulted Student
Loan (Excl. Vet.)
850 Securities/Com-
D
modities/Exchange
153 Recovery of
D Overpayment of
D
890 Other Statutory Vet. Benefits
Actions
160 Stockholders'
D
891 Agricultural Acts
D
Suits
D
893 Environmental
D
190 Other
Matters
Contract
D 895 Freedom of Info.
Act
D 195 Contract
Product Liability
D 896 Arbitration
D
196 Franchise
899 Admin. Procedures
D Act/Review of Appeal of
D
210 Land
Agency Decision Condemnation
D 220 Foreclosure
D 950 Constitutionality of
State Statutes
D 230 Rent Lease &
FOR OFFICE USE ONLY: Case Number:
CV-71 (09/13)
D
D
D
D
D
D
D
D
D
D
315 Airplane
Product Liability
320 Assault, Libel &
Slander
330 Fed. Employers'
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury-
Med Malpratice
365 Personal Injury-
Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos
Personal
861
~ ~ ~ ~ ~ ~ ~ ~ ~ D 862 Black Lung (923)
D
D
D
423 Withdrawal 28
usc 157
440 Other Civil Rights
D 863 DIWC/DIWW (405 (g))
D 864 SSID Title XVI
D 865 RSI (405 (g))
1lt . D Defendant)
~ ~ 870 Taxes (U.S. Plaintiff or
625 Drug Related D 871 IRS-Third Party 26 USC
D Seizure of Property 21 7609
usc 881
D 6900ther
D
D
441 Voting 0 710 Fair Labor Standards
Act
D 442 Employment
D
443 Housing/
Accomodations
445 American with
D Disabilities-
Employment
D
446 American with
Disabilities-Other
D 448 Education
D 720 Labor/Mgmt.
Relations
D 740 Railway Labor Act
D
751 Family and Medical
Leave Act
D
790 Other Labor
Litigation
D
791 Employee Ret. Inc.
Act
CIVIL COVER SHEET Page 1 of3
UNITED STAl )!STRICT COURT, CENTRAL DISTRIC
CIVIL COVER SHEET
CALIFORNIA
VIII. VENUE: Your answers to the questions below will determine the division of the Court to which this case will most likely be initially assigned. This initial. assignment
is subject to change, in accordance with the Court's General Orders, upon review by the Court of your Complaint or Notice of Removal.
D Los Angeles
Western
D Yes ~ No
"no," go to Question C. If "yes," check the
to the right that applies, enter the
lcnrrP<nrmrl:inn division in response to
1vc'""'u" D, below, and skip to Section IX.
D Ventura, Santa Barbara, or San Luis Obispo
D Orange
or San Luis
D
D Orange
Riverside or San Bernardino D Riverside or San Bernardino
n Luis
Western
Southern
Eastern
C.1. Is either of the following true? If so, check the one that applies: C.2. Is either of the following true? If so, check the one that applies:
D 2 or more answers in Column C
D only 1 answer in Column C and no answers in Column D
Your case will initially be assigned to the
SOUTHERN DIVISION.
Enter "Southern" in response to Question D, below.
D 2 or more answers in Column D
D only 1 answer in Column D and no answers in Column C
EASTERN DIVISION.
Enter "Eastern" in response to Question D, below.
If none applies, answer question C2 to the right. -+ If none applies, go to the box below. ~
CV-71 (09/13)
WESTERN DIVISION.
Enter "Western" in response to Question D below.
CIVIL COVER SHEET Page 2 of3
UNITED .TES DISTRICT COURT, CENTRAL DIS .:T OF CALIFORNIA
CIVIL COVER SHEET
IX( a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed?
~ NO D YES
If yes, list case number(s):
IX( b). RELATED CASES: Have any cases been previously filed in this court that are related to the present case?
~ N O DYES
If yes, list case number(s):
Civil cases are deemed related if a previously filed case and the present case:
(Check all boxes that apply) D A. Arise from the same or closely related transactions, happenings, or events; or
D B. Call for determination of the same or substantially related or similar questions of law and fact; or
D C. For other reasons would entail substantial duplication of labor if heard by different judges; or
D D. Involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c also is present.
X. SIGNATURE OF ATTORNEY
(OR SELF-REPRESENTED LITIGANT):
DAVID GRAZIANI, ESQ.
DATE:
September 17, 2013
Notice to Counsel/Parties: The CV-71 (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or
other papers as required by law. This form, approved by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3-1 is not filed
but is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instructions sheet).
Key to Statistical codes relating to Social Security Cases:
Nature of Suit Code Abbreviation
861 HIA
862 BL
863 DIWC
863 DIWW
864 SSID
865 RSI
CV-71 (09/13)
Substantive Statement of Cause of Action
All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also,
include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program.
(42 U.S.C. 1935FF(b))
All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 U.S.C.
923)
All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amended; plus
all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405 (g))
All claims filed for widows or widowers insurance benefits based on disability under Title 2 of the Social Security Act, as
amended. (42 U.S.C. 405 (g))
All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, as
amended.
All claims for retirement (old age) and survivors benefits under Title 2 of the Social Security Act, as amended.
(42 u.s.c. 405 (g))
CIVIL COVER SHEET Page3of3
EXHIBIT "A"
-
I
I

:
.,
I I
:

PAR IS
' .
r

i
:..._ 4 -
- - ~ - = =

l
!
I
I
I
I
I

..

PAR IS.
!

i

;


i

(
I
!
i
I
I
I
i
I
!
'
I'
'
'
I


!
I
I
I
...
c ELI N jE
. .

I
l
i

1
I
. I
EXHIBIT"B"
(,.)
-. '20)2
J ...... .J.. t .. J .!-t
t ' '

'-' tl .e u ,... ,..
.. ...

...
... ;
. .

. .' .I
. '
. .
r. .... .
.. - ..
------
; , ..
'
_L .
- ,.; "
.. I' .:.
...
I
i
.. ,---------

-'::" ..... :_.-.....
... --- --
. ... . -.J .. ,_
....
._..
I
-- L-

-

ttom JANl)ARY 30
'
. .7 ..
:IS
I]
I 1
., ,., p , " .,. r- ' ncr f
.. , c.r- . Y, L J u --
.lO
. -r :v
.. V.J. I tr
-
- -
JDJL.
Jli
.. ..
....
i:
\1'
3 .
:i6 .
.30
'-
1
.4: .. . :
' !I U
' :JO - ;..
--:-411:::. ' ___ -- - ". ----- -' '"'h"'\.if '=J:+iti:-..
5 . ...(.',.fft.;1!'-/;t....-
.. : ltl
Jil - ... . ..... :i:.'
.. ... .. . .

. ! 0
.1S
I"
. . -- . .... , . >:, . . . .
\,;.,, .. . - -
I
! ... -:.
-7- - --- -- .. --.. --- -".-7 -----......

"'lo .

'.Jo! .: ,. ) 1
l t .. J ,
.. ... \o
11 to!lllol"
rt O)ol '" "' " "
,. _
"TI
------ -- ....... ..........
:s
m :
-:,.;
1;..:.}'
' '
--- - ----------
EXHIBIT"C"
Y%7/13
Wortcsp.tte Wcbmlil:: PtJA1
fl:i!ll 1 Clost Window

.. .
---------------------- ----,
I
I
I
----- Fcwwarded message ---
From: Brian Lichtenberg
Date: Wed. Jun 20, 2012 at 12:43 PM
Subject Re new Bl orders
To: ALEX & CHLOE 4\lo@alexandcbloe.com>
Yikes and 1 wanted to ask u for some dough from the last couple dozen :1 please focus on your work crucial. Nick needs to undersrooo.
U need to make rooneyyyyy
Sent from my BriPhone 0
BRIAN LICHTENBERG STUDIO
819 S MAPLE AVE 3B
LOS ANGELES CA90014
bri:,.nichtonberg.com
shoobrian!ichlenberg com
On Jun 20,2012.3112:41 PM, "ALEX & CHLOE" <illfo@a!eyP!Jd(;hloe.com> wrote:
Hey Sri,
Hena are new orders but hone sHy I'm not doing good financially so I feel like I might need to remove your pieces
from the online shop cuz I can't pay you anything right now and I don't want to keep racking up orders ... Iemme
know if I should just remove the BL stuff from my sije -I feel bad I just am doing really bad money-wise right now ...
Springstields Gardens NY
Padde<l One-Shoulder Glitter Dress- Geometric Glitter- Size Small
ChaiSworth CA
Grace Bones Tank- Grey - Size Small
II Chris
! I
l I' ALEX & CHLOE
I ' - AUlXI\N!lCHI.OE COM
I
I .I AlEX Ateat.OE Oft f/!C8001< I JWTTEB I J\!M!!tR
,...,
I
.oellvie:w _prinl,...ruulti.pbp'?uid.AJTay; 1981311 N BOX&a.Eml J(
EXHIBIT"D"
n
(J
qy
y
z
w
0
__.
Ill
I <')
-
u
()
"' Ill
-
....
!!:
-
~
...

:1:
-
:1-
~
~
4?
-
X
.......
Ill
w
\!)
z
--'
!!:
!!.
<(
4?
Ill >-
1:0
~
~
C
a
s
e

2
:
1
3
-
c
v
-
0
6
8
3
7
-
D
D
P
-
P
J
W

D
o
c
u
m
e
n
t

1
-
4

F
i
l
e
d

0
9
/
1
7
/
1
3

P
a
g
e

2
0

o
f

4
0

P
a
g
e

I
D

#
:
1
2
8

i 11 IE \V IE IE loi: JE N 1::> 1 n 1 G 1 a u M 11 11 11 2 o 1.3
, BYALtX &C HLOE
(,.. ... - J

01?''-' ID!l'li"ii'llffi
IM
THE BOO
MALIBU, CA
' '
/
' .: 'lil
f !.
i
"
I
i
01?'"' lll!&1?'!l'tzci
Ui '
THE BOO
hALISU , CA '6 1
. \
' !
l
' ) :

.. ;
:.,(' 1
-.t.. ;JJ
. !
T HIE 0 0
COLO.t OfrtONS .
n1
.... , ...
.... .
'i...'JJ:,;; ;,;)r...J\W
lllltiCU, 'B'l
tiJ.C:IC W/WHIT(

' .. .

CA \ .,
11. OttY W/ W "til e
IDIIV11J&OO
IN
'!'HE BOO
MA(IBU, CA 'B?
WHit E W/ltAC::I:.

' r. . . ....
' .... . .
a7
.. .. .
PINt W/1\ACK
I
I . . I .
\' '. :-rt / l\.
.. I , :/ .
' 1- , ..

;,: 'I
i
,'J I
.. . !
i. I !1
\,
\
' .
. "'-... .
I
"
r ..
I

(
.: ,
. . ..
l . '
'
I
l \r..; /
. .
':: :
! :
f
.I
!

'l
1
l-.--,
'
_.:.,.:i.J
'J1.
.J
---- .

S i lJ I)
COlO.t OPTIONS:
5IUD
&LACIC W/WI1t11 " cur wtwi'NH WKitf W/ltAC.I'. &lACK W/WI1U f
;'>. . . ..

. :
. :M .
.
L. . ;
. . ... -. - -... ', :.D
"
0

0

0

0
"

tr------
!

!!.
=
t
' .
;;
"

t
"

0

0
t
...
c
0
.
'

0
>:
..
!t
>x
\
"=

t
'
E

!
Q
()
()
""""
v
- I
=-
:7
.....
Ill

-
-
v
-
-
-
-
._
. .
1;.
''
i\.
' ..
..
.. ..
r
...
-<
)>

m
><
""'
,...
I
0
rn
- .. ,.
-

-Ill
,

- ...
- ...
-

- Ill
z
v
::;
...
..
:X
3
::;
..
C
a
s
e

2
:
1
3
-
c
v
-
0
6
8
3
7
-
D
D
P
-
P
J
W

D
o
c
u
m
e
n
t

1
-
4

F
i
l
e
d

0
9
/
1
7
/
1
3

P
a
g
e

2
2

o
f

4
0

P
a
g
e

I
D

#
:
1
3
0
........... ,.,
I'M WITH
TRESE GUYS
.r
T 111: S 1: G U Y S
COlOR OfTJOU$
alAGl W/PY"tl ..
WKITf
lUt WIH01 PJNIC.I
WHJU
K, 0 ttY W/-40
tU.CIC
t t
J,M WITB
tB&U OIIT
,INk,.
I IAGt;.
i Jol IE \#,.,' IE IE I( IE N I)
!i P U I N 0 I 0 U M M r: I? 2 0 I. 3
BY AlEX & CH LOE
NICE
H A I R
= .. '!: 0
N I C 1: 11 1\
t : -t
. . .
1!11
t B!IU oun
t i t.( W/lfAt .A
COlOR OffrON$:
NICE
HAIR
t iACIC
I LAG.It W/rtlt,lt

: : ::,r;. .. : ... \
R .. : .
.. ... ..
H. GUY W/"elA<,.X
H, 0 ttY W/ffC.
NICE
HA I R
WHUf ffAI W/HOl i'IHit
NICE
HAI R
W11tU W/UAI
C
a
s
e

2
:
1
3
-
c
v
-
0
6
8
3
7
-
D
D
P
-
P
J
W

D
o
c
u
m
e
n
t

1
-
4

F
i
l
e
d

0
9
/
1
7
/
1
3

P
a
g
e

2
3

o
f

4
0

P
a
g
e

I
D

#
:
1
3
1
,_
C O l OR O PTIONS.
&lACk. W/tfO 6. WKII E
-,
1\. V\' S
H. GUY W/H O ol
WHIT!
Wti i H W/ HO & DIACK
i HIS \V IS IS 1\ IE N I)
S Y ALEX &CH LOE

l ' :r
..:

..::. . ; : -
.
,,o$
-4.....
CHEAl?
. ,, smnr-.,l"T .
.\ ,r A&; ( .
FOJ\
FATHE!\'S
C: 1-11: 1\P
CO f.OR OHI ONS:
..
>; , ...;.eA_\inQ-...._:,;

C:HEAP. '1;,.s'

)),\YJ t
; __ t
&lACK W/ WI11Jf
:.
.... ..

. .,. SlU' "'1':'-
r: . !,,:;_!):L.
:.fPATR..EJVS))AY -:
::?-
H. GU Y V I J ...... .. t
2013
SHI*T

I' CHI!A'P
' .S!JI' T
...
FATflE"' S fJAY
Wl'{llf W/8t A.Ct.

%

::

'
i-
;;
"

"

i&
'

:. 8
(> .
"
.(): !iii}

0
E

0 ' '
. -
. .
. .. ..
':
'
y
-
.._
"'"
!.t;"'!
. -.- .
-
-
Ill
-
v
-
"'"
()
-
"
-
-

.,. _
-< ...
)>

><

f"' iii
::t

O -
m Ill
z
"
....
=
:X
:X
...
()
-
C
a
s
e

2
:
1
3
-
c
v
-
0
6
8
3
7
-
D
D
P
-
P
J
W

D
o
c
u
m
e
n
t

1
-
4

F
i
l
e
d

0
9
/
1
7
/
1
3

P
a
g
e

2
5

o
f

4
0

P
a
g
e

I
D

#
:
1
3
3
COl OR 0'TJOt.,S

..
1\AC'( W/WIHH
r ll r: \ V 1: 1: K 1: N 1::> N", H HI!"
SYALEX&CHLOE
- - '
'
:;
K
on !lhe
. Fint DazeH
l
l ;
. "".
. . ;-
... .., . J,

1: S T I) 1\ T 1:
t\, W/Witllf
lluck
on the
First Date
WHIT YIHU.G.::
. . . .
" ., ... , ... ,
, . .-pn
F.irsfDhts
PlriC W/ClACr.
8e
"c
t . "'"

.,.,.,._, , ...
Wt
ev>,.<::> .. ., .....
i: '
I ,
' ..

IN I) 1\ IS
COlOR OHtONS :

IIACl
I

Bfjl
;1.,, ;,, c c

- ,.tt=3. ;:
... . OU'f
<;:;> Q =t:.

WHit
\
2013
. ,
s
.-:' 1:
-
C
a
s
e

2
:
1
3
-
c
v
-
0
6
8
3
7
-
D
D
P
-
P
J
W

D
o
c
u
m
e
n
t

1
-
4

F
i
l
e
d

0
9
/
1
7
/
1
3

P
a
g
e

2
6

o
f

4
0

P
a
g
e

I
D

#
:
1
3
4
(C)
i 1-1 1: \V IE 1: I( IE N J)
:;r,HIN<:/ SUMM l:!rt 20 13
BY ALE X & CH LOE
W H C I.IE$A 1.1: SPRI NG/SUMMER 20 13
w 0 M 1:1'4 I s s i 'ft. t: s I<: 0 I. c H s
SIZES: SXL
&OYfRlEN 0 TEE: $16
Vintage Block I White I Cu tom'
RACER CROP TANK: $20
Vintage Block I Whi te I Hoothe r Grey I Cvtom
DOLMAN TOP: $20
Dark Heather Grey I Heath er White I Heather Grey I Hoother Red
CROPPED DOLMAN: $20
Da rk Hea ther Grey I Heather White I Heather Grey I Heather Red
MI
N I r. r.- '( I I" r. I (. " I "I) r.
l : \1 iJI :'-' _...., ""'
SIZES: SXL
TSHIRT: $15
Vintage Slack I White I Heoth;r Grey I Cutom
MUSCLE TEE: $20
Vi ntage Block I Whi te I Heather Grey I Cutom'
TANK TOP: $17
Vintage Black I White I Cu tom
'CUSTOM COLORS AT NO EXTRA COST I MINIMUM QTY' S
{Upon our opprovo! of Pt;mlone colon, Minimum qvantilies mvsl be some
NON-EXClUSIVE: 75+ Piece
EXCLUSIVE: 250+ Pieces
MIN I M l1 M C D IE S 0 1: $ S 0 0

<.?
...
I
C.?
-
""
iii
1.'>
N
0
w
(
-

-
)> :'
m
><
p.
(")
:t:
~
0
m
rn
-
Ill
~
-Ill
.z
0
:;
z
"
....
:X
:X
.
;;

0
...
'
.
'
.. ,,
~ . : 4
I

..... :
..
L

EXHIBIT"E"
SOLER&PARTNERS
COUNSElGRS Af LUI
WITHOUT PREDJUDTCEIALL RIGHTS RESERVED
Febmary 25, 2013
Revolve Clothing
c/o Jennifer
jenni ferfal.revolvec loth i ng.com
RE: Copyright Infringement- Brian Lichtenberg LLC
Dear Jennifer,
427 N C'3non 0: .. Stotie 20 I
Bev&riy HillS, CA 9021() ,
Pnonc 310.38!> 7939 I
Fr:.x
H1St N. !;.t$ti;'! Avcr.t.e: .. Su.e 845
Sanla Ana CA 92?05
Prone 71A-751- i 20
Fax 7 ,4-4"'..>4-5310
Our firm represents Brian Lichtenberg LLC, who is the rightful owner of several tradefarks and
original design copyrights. It has come to our attention that your retail store may be selling, or
may be preparing to sell, articles of clothing containing the graphic entitled "Ballin Paris"
(sample on page 2).
Please be advised that such articles of clothing infringe on our client's common law protections
for original designs, as well as the copyright registration application which is currently in
progress. As such, we ask that you immediately cease & desist from selling any articles of
clothing containing the infringing graphic.
Please give me a call at (31 0) 385-7939 if you would like to discuss ftuther.
Nothing set forth herein is intended or shall be construed to constitute an express or implied
waiver of any rights or remedies, which Brian Lichtenberg LLC or others may possess in
connection with the fofegoing matters, all of which are hereby expressly reserved. The
foregoing is not intended to be a complete recitation of the facts upon which the mal1ers set forth
herein are based.
So!C( & Partners LLP
Februarf 25. 2013
Sample of Graphic
P A R I S
2
EXHIBIT "F"
i

Registration Number
VA 1-854-404
Effective date of
registration:
February 13, 2013
Title----------------------------
TitJc of Work: HOMIES SOUTH CENTRAL
Completion/ Publication
Year of Completion: 2012
Date of 1st Publication: March I , 2012 Nation of l si Publication: United States
Author
a Author: Brian Lichtenberg LLC
Author Created: 2-0 artwork
Work made for hire: Yes
Citizen of: United StalCS Domiciled in: United SlalCS
Copyright claimant
Copyright Claimant: Brian Lichtenberg LLC
819 S. Maple Avenue, 3rd Floor, Suite B. Los Angeles, CA. 90Q14, United
StaleS
Rights and Permissions
Organi2ation Name: Soler & Partners LLP
Certification
.
Email: asoler@solerpartners.corn
Name: Albert J. Soler
Date: February6, 2013
Correspondence: Yes
Page 1 of :
.,
'
J

Registration 1: VAOOO 1854404
Service Request II: J-886906811
Soler & l'aJ1ners LLP
Albert Soler
1551 N. Tustin Avenue
Suite845
Santa Ana, CA 92705 Uniled States

EXHIBIT"G"
C
a
s
e

2
:
1
3
-
c
v
-
0
6
8
3
7
-
D
D
P
-
P
J
W

D
o
c
u
m
e
n
t

1
-
4

F
i
l
e
d

0
9
/
1
7
/
1
3

P
a
g
e

3
8

o
f

4
0

P
a
g
e

I
D

#
:
1
4
6
j
a
a1emndcnloe
ALEX & CHLOE
PAR IS
"31111ko
I TJMilJ OJ :Ito
NO'mtal
JOCI. MADOCN WEAIIING
A OL ORIGINAL OAlLIN PARIS S!-IAPOACK!
8 11!1!'. \!
b;'l!bn 'J>Ms SHAME: ON ,l.iY
Li t rLE UROTHF.H CHRIS
HIO!NG STEAliNG
MY <>Nt:> rJESit\NS!!
91 13
lalntnowi fey, tryoumadbro. lloverpriced.
NIU>ockoffs. llhomie.
llft!llnoiM. Mnstabeef. llknoc,koft.
#alexandchloe. *bllee. !loR.
Mmomorios, Mol,
tlal u andch I O<>orlgi nat. inpari s.
IJI>rlanllchtenborg.
@caclley3. Cto.........,rugg. @!2eeeddyy.
@twlharde_unl!ed, @aleundchloe.
@indlogOGopop, @l<ristiotond>at. @beoo_gxo,
@nlkkiiiPStlck. @chari nascotl
-:-----
i
l
I
l
;
f
View All 13 Comment
alaxandchloe The Ballin Paris design was designed By and For @AfcxAndChloo NOT
@br1anllclttenb<!rg , The Feline design was designed by Chris Llchtonberg, Brian Lichtenberg' s
younger brother, NOT Brian Llchterib'ai'g. hie Homl es design was designed by @reasonCi olhing
NOT Brian Li chtenberg. Shame on Brtan Lichtenberg. Old brotne(s shoul d know better!
llbrtanllchtenborg #bltee.tuloml es #lialllnparts #homlassouthce.nlral tlfellnetec 211
andjallnawgas @aleKandchloe Good lor you guys. Klling II so hard people 1\ad to you oil. 1r.
alexandcni oe #lnstabeel #alntnowlfey ain't no tulomle with U\at
@brlanllchtenberg fllol #ballln \1\
Jyeot993 I was debating lor Jho longest time ...... 1 knew something"""" fishy- '"
al exnndchloo BALLIN PARIS is an IIAiexAndChloe #og#origtnal design @ l .fl @ Oon, be fooled by
llovcrpricod made by /llylnBrl an @brinllehtonberg - Accept no i mitalions.
old poople should know boiler. motto: "Don' knock II Iii ywve knocked it olf." llmemorios
Ml<nockoff 6Cm..
aJexondchloo @kJt.conla SSawl
ogenl007g Lmao ell this 1/ohado 11m;,
alexandohloe @agenl007g
agent007g . X ? @alexandchl oe ... :..
LOGIN to tnstagam 10 like or post comment on ltJs photo!

EXHIBIT "H"
C
a
s
e

2
:
1
3
-
c
v
-
0
6
8
3
7
-
D
D
P
-
P
J
W

D
o
c
u
m
e
n
t

1
-
4

F
i
l
e
d

0
9
/
1
7
/
1
3

P
a
g
e

4
0

o
f

4
0

P
a
g
e

I
D

#
:
1
4
8
alexandchloe
ALEX & CHLOE
229 . 10
'
'd
NC<In>l
#"l ntnowifey, #youmlldbrc, #$waggy.
llfashlon.
tlllardortetterfasterstronger. #style,
*aloxandchlooorlglnal, #homiossouthcontral,
tlbon)our, llballin, 1/cassio, #mere!, hwag.
llbrlanllchtooborg, llalaxandchlo.,
llbowdown, lk>g. llbuccl, llacceptnolmlbtions,
lltol, #boop, llparls, llballlnparls, llbalmaln,
ll<lrlglnal,
@kllokallpada. @ehten, @nlccholh,
@naoml vdwoodsen, @monsl eur_C:r9mo,
@mxllcmueic:promotions, @artstonlsh,
@carol 1montenegro,
@_lochano,
-- - - - . .. ... _ . _ ..,. 0 . ,. - - .......
ra ..
VlewAll 10 Common!
alexandchloe BBS.BALLINI 1/Cassle wearing a #SalllnParis jumper, on @AiexAndChloe ll<>g
lloriglnol doslgn. Avalloblo at www.aloxandchloo.com. Accept no Imitations. Poop tho hash tags
#AicxAndChloe #SalllnPorls 2d
radstella I'm confused to
ay_elay Lmaooooo 26
kyawtsan Seriously?
crlsUansuxx Waaaaaaaaaaaaanl
Janollc_orlka Hey guys ootry me 3gain haho, just lhc vmilc sweatshirt 3S pictu"'d is a big
mako? I'm bout lo order il ln a few days & I wanna kno vmal size I should gel I'm usua!ly a size 8 AU
(somallmos 6) bul not suro if XS or Small is betier for mo? Pis help!! Choomll . 1/i! ''"
. . . . .
alexandchloe @)anelle_ari ka hey janelle@ email us al info@alexandchloe.com and wo can send yoo
alllhe measu<emenl s for each size! 1011
alexandchloe Original BALLIN PARIS by @AiexAndChloo t.l@ Available at
WWW.ALEXANDCHLOE.COM t Accept No lmitalions #brianllchlenbel"!) aln' no tlhomlh /.ll
Janelle_ erika @alexandchloe thank youl! Email senl xx 211
LOGIN lo lnslagram 10 like or post comment on this photo!

Brian Lichtenberg v. Alex & Chloe - Complaint

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Brian Lichtenberg v. Alex & Chloe - Complaint

Uploaded by

Copyright:

Available Formats

Case 2:13-cv-06837-DDP-PJW Document 1 Filed 09/17/13 Page 1 of 43 Page ID #:56

You might also like

Brian Lichtenberg v. Alex &amp; Chloe - Complaint

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Brian Lichtenberg v. Alex &amp; Chloe - Complaint

Uploaded by

Copyright:

Available Formats

Case 2:13-cv-06837-DDP-PJW Document 1 Filed 09/17/13 Page 1 of 43 Page ID #:56

You might also like

Brian Lichtenberg v. Alex & Chloe - Complaint

Brian Lichtenberg v. Alex & Chloe - Complaint