Paula Hian Lawsuit Against Louis Vuitton

Case 2:22-cv-03742 Document 1 Filed 09/19/22 Page 1 of 26
IN THE UNITED STATES DISTRICT COURT FOR

THE EASTERN DISTRICT OF PENNSYLVANIA
:
PAULA HIAN :
c/o 198 Allendale Rd, Suite 400 :
King of Prussia, PA 19406 :
and :
PAULA HIAN CREATIONS, LTD :
198 Allendale Rd, Suite 400 :
King of Prussia, PA 19406 :
: CIVIL ACTION NO.
Plaintiffs, : _________________
:
v. :
:
LVMH MOET HENNESSY LOUIS VUITTON INC. :
d/b/a Louis Vuitton Americas :
1 East 57th Street :
New York, NY 10022 :
and :
JOHN AND JANE DOES I-X :
and :
ABC CORPORATIONS I-X :
: JURY TRIAL DEMANDED
Defendants. :
:
COMPLAINT
AND NOW comes Plaintiffs, by and through undersigned counsel, Whitman, LLC, and avers
the following in support of their Complaint against the Defendants:
Nature of the Action
1. This action is based on defendants’ intentional copying and commercializing plaintiffs’
original designs, materials, intellectual property, and copyrights.
2. Count I is a claim for copyright infringement, requesting damages pursuant to 17 U.S.C.
§ 504 et. seq. Count II is a claim for copyright infringement, requesting injunctive relief pursuant to 17
1
U.S.C. § 502 et seq. Count III is a claim for violations of common law and federal and state unfair
competition laws. Count IV is a claim for unjust enrichment/quantum meruit.
The Parties
3. Plaintiff Paula Hian (Hian) is an adult individual and resident of Pennsylvania.
4. Plaintiff Paula Hian Creations, Ltd. (PHC) a Pennsylvania business corporation, with a
principal place of business located at 198 Allendale Road, King of Prussia, PA 19406.
5. Defendant LVMH Moët Hennessy Louis Vuitton Inc. (LVMH) is a French-based global
conglomerate which does business worldwide, with a United States headquarters located, upon
information and belief, at 19 East 57th Street, New York, New York.
6. Upon information and belief, other individuals and/or entities may have aided, assisted,
abetted, encouraged, or conspired with LVMH in defendant’s intentional copying and commercializing
plaintiffs’ original designs, materials, intellectual property, and copyrights.
Jurisdiction and Venue
7. This Court has jurisdiction over plaintiffs’ counts I and II pursuant to 28 U.S.C. §
1400(a), in that, plaintiff is the owner of at least 2 valid copyrights which have been infringed upon by
the unlawful acts of defendants herein.
8. This Court has jurisdiction over plaintiffs’ counts III and IV pursuant to 28 U.S.C. §
1367, regarding federal court supplemental jurisdiction over state law claims.
9. This Court may exercise personal jurisdiction over defendant LVMH, as LVMH does a
continuous and systematic part of its general business within this Commonwealth.
10. Venue is proper in this district pursuant to 28 U.S.C. § 1391(b)(2) in that, substantial acts
of infringement giving rise to plaintiffs’ claims occurred here, and defendants are currently selling and
2
distributing clothing and accessories, and otherwise commercializing their brand using plaintiffs’
original designs, materials, intellectual property, and copyrights, in the Eastern District of
Pennsylvania.
11. Venue is also proper in this district pursuant to 28 U.S.C. § 1391 (c) in that defendants
have substantial business contacts with this district as defendants and/or their agents have marketed and
sold the copied and/or infringing material at issue here.
The Facts
12. Plaintiff incorporates the averments of the preceding paragraphs by reference as though
fully set forth herein at length.
13. Hian is a professional designer of luxury women’s clothing.
14. Hian is a winner of the Premier Prix for the USA, Concours International des Jeunes
Créateurs de Mode, in Paris, when she attended FIT; her award-winning dress was judged by famous
French designers such as Christian Lacroix and Dior and was placed in the Louvre.
15. Hian is the President and sole owner of PHC, her eponymous label, and is its driving,
creative force.
16. Hian envisions, designs, creates, and produces all her original styles as well as her
original materials, managing every step of the process herself.
17. Through PHC, Hian has marketed and commercialized her own original, luxury,
women’s fashion designs, since 2000.
18. PHC is a wholesale, retail, and online fashion company that markets and sells Hian’s
luxury womenswear clothing collection. The Paula Hian flagship retail store is located at the King of
Prussia Mall, in King of Prussia, Pennsylvania.
3
19. Headquartered in Paris, France, and operating worldwide, LVMH is a multinational
corporation and conglomerate, specializing in the development, marketing, and sale of luxury brands
and goods.
20. LVMH’s specialty product lines include those in the luxury fashion, wine and spirits,
perfumes and cosmetics, and watches and jewelry industries.
21. LVMH’s holdings include fashion brands Louis Vuitton, Christian Dior, Fendi,
Givenchy, Marc Jacobs, Stella McCartney, and FENTY; wine and spirits producers Moet & Chandon
(champagne) and Hennessy (cognac); jeweler Tiffany & Co.; watchmakers Tag Heuer and Bulgari; and
perfumes and cosmetics retailer Sephora, and Princess Yachts.
22. In 2021, LVMH had total revenues of $ 72.72 billion, representing a substantial increase
over its 2020 revenues of $ 54.91 billion.
23. As of August 2022, LVMH had a market capitalization of $ 357.12 billion, making it
the world’s sixteenth most valuable company.
Hian’s Creative Process
24. Hian is personally responsible for every step of her complex creative process, which
includes envisioning, designing, creating, and producing all her original ideas.
25. When creating various designs for womenswear, the process includes:
a) envisioning and sketching the design;
b) working with a programmer to carry out original material design, testing and
deciding among various materials and yarns, determining dimensions, and programming onto a
software program;
c) testing and deciding among various materials and yarns;
4
d) engaging a factory to knit a variety of swatches of the original fabric design, in a
variety of colors, based on those specifications and decisions;
e) matching original fabric designs to specific, original patterns;
f) manufacturing specific original pattern designs in original fabric designs and
colors;
g) fitting manufactured pieces to models, for photograph;
h) compiling modeled pieces into linesheets; and
i) creating lookbooks for wholesale, retail and online buyers.
26. By way of example, an overview of Hian’s process, using her Plaque D’egout design, is
visually depicted below, showing the progressive stages of sketching, fabric design, and clothing design
using the patterned fabric:
A more complete visual depiction of the process from the conception to the final design for Plaque
D’egout is attached hereto as Exhibit A.
27. By way of example, an overview of Hian’s process, using her Ombre design, is visually
depicted below, again showing the progressive stages of sketching, fabric design, and clothing design
using the patterned fabric:
5
A more complete visual depiction of the process from the conception to the final design for Ombre is
attached hereto as Exhibit B.
28. By way of example, an overview of Hian’s process, using her Green Raffia, again
showing the progressive stages of sketching, fabric design, and clothing design using the patterned
fabric:
A more complete visual depiction of the process from the conception to the final design for Green
Raffia is attached hereto as Exhibit C.
6
Hian and PHC contacts LVMH
29. In early 2020 through 2021, Hian contacted LVMH, and shared her original fabric and
apparel designs, materials, intellectual property, and copyrights with LVMH.
30. Copies of the e-mails and “lookbooks” Hian sent to LVMH are attached hereto as
Exhibits D and E, respectively.
31. In or around early 2022, Hian observed that LVMH was marketing its brand, apparel,
and accessories using Hian’s original designs, materials, intellectual property, and copyrights, without
Hian’s permission, without attribution, and without payment therefore.
32. To demonstrate, by way of example only, below are example images of Hian’s and
PHC’s use of Hian’s original designs, materials, intellectual property, and copyrights shown on the left
side, compared to example images of LVMH’s use of Hian’s original designs, materials, intellectual
property, and copyrights shown on the right side:
a) Plaque D’egout
7
b) Ombre
8
c) Green Raffia
33. Hian and PHC demanded LVMH to cease and desist from their use and
commercialization of Hian’s original designs, materials, intellectual property, and copyrights, including
specifically the Plaque D’egout, Ombre, and Green Raffia designs, without Hian’s permission; LVMH
did not do so.
34. Upon information and belief, LVMH continues to willfully and intentionally copy, use,
and commercialize Hian’s original designs, materials, intellectual property, and copyrights, including
specifically the Plaque D’egout, Ombre, and Green Raffia designs, without Hian’s permission, and
derive worldwide revenue and profits therefrom.
LVMH Product Extensions and Brand Marketing Concepts
Using Hian’s Designs & Derivatives Thereof
35. LVMH also has created products and marketing concepts that combining elements of
and/or otherwise derivative of Hian’s original designs, materials, intellectual property, and copyrights,
9
including specifically the Plaque D’egout, Ombre, and Green Raffia designs, without Hian’s
permission.
36. By way of example only, in this LVMH image,
LVMH’s designs are substantially similar to Hian’s designs, including Hian’s creative work and
specific elements, and used without Hian’s permission. The LVMH designs are substantially
similar to Hian’s registered Plaque D’egout copyright design in material, motif, size of motif,
coloration, fabrication, texture, stretch and weight as well as the shape/style/zipper placement
design, all of which bears substantial similarity to Hian’s Chantal jacket. The similarity is so
substantial that the LVMH photo/designs appear to be a continuation of the Hian collection,
going so far as to use the same angles and perspective toward the sky as used in the Hian
collection. Prior to this, LVMH’s “damier” check design had been exclusively rendered in
brown and white, never in black and white.
10
specific elements, and used without Hian’s permission. The LVMH designs are substantially similar to
Hian’s registered Plaque D’egout copyright design and Ombre copyright design.
38. By way of example only, in these LVMH images,
11
similar to Hian’s registered Plaque D’egout copyright design, including the exaggerated check
look and specifically shaped motif/pattern and color scheme in black and white, applied to
storefront windows.
12
LVMH’s design is substantially similar to Hian’s design, including Hian’s creative work and
similar to Hian’s registered Plaque D’egout copyright design, with Hian’s specifically shaped
motif/pattern in black and white being extended and used to inform the design and actual shape
of LVMH’s classic bag/case look, purposefully trading on Hian’s creative designs and confusing
consumers as to the design and product’s origin.
13
specific elements, and used without Hian’s permission. The LVMH design is substantially
motif/pattern in Plaque D’egout done slightly differently, with the exaggerated check now
marketed in the LVMH-owned brand “Off White” collection of bags and sold on the Farfetch
website, again purposefully trading on Hian’s creative designs and confusing consumers as to
the design and product’s origin.
14
motif/pattern in Plaque D’egout done slightly differently, with the exaggerated check now
marketed in the LVMH-owned brand “Off White” collection of bags and sold on the Farfetch
website, this time as a scarf, but again purposefully trading on Hian’s creative designs and
confusing consumers as to the design and product’s origin.
15
similar to Hian’s registered Plaque D’egout copyright design with Hian’s specifically shaped
motif/pattern in Plaque D’egout done slightly differently, with the exaggerated check, combined
with and using elements from Hian’s registered Ombre copyright design, now marketed in the
LVMH-owned brand “Off White” collection and sold on the Farfetch website, this time as t-
shirts and hoodies, but again purposefully trading on Hian’s creative designs and confusing
consumers as to the design and product’s origin.
16
43. By way of example only, in these LVMH images,
similar to Hian’s registered Ombre copyright design, including both design and color, again
17
purposefully trading on Hian’s creative designs and confusing consumers as to the design and
product’s origin by fusing the design and color directly with/on LVMH’s logo pattern material.
similar to Hian’s registered Ombre copyright design, the same blue to green color transition
being extended and used to inform the consumer of a new theme and brand cue for LVMH, by
applying it to a tree and used in marketing, but again purposefully trading on Hian’s creative
designs and confusing consumers as to the design and related products’ origin.
18
similar to Hian’s registered Plaque D’egout design and also incorporating color elements of
Hian’s Ombre copyright design, the same blue to green color transition being extended and used
to inform the consumer of a new theme and brand cue for LVMH, by applying them to
sneakers, but again purposefully trading on Hian’s creative designs and confusing consumers as
to the design and related products’ origin.
19
similar to Hian’s registered Ombre copyright design, the same blue to green color transition
being extended and used to inform the consumer of a new theme and brand cue for LVMH, by
applying them to pants, sweaters, dresses, and accessories, now marketed in the LVMH-owned
brand “Off White” collection and sold on the Farfetch website, but again purposefully trading
on Hian’s creative designs and confusing consumers as to the design and related products’
origin.
20
COUNT I
PAULA HIAN AND PAULA HIAN CREATIONS, LTD.
V.
LMVH MOET HENNESSY LOUIS VUITTON, INC.
JOHN AND JANE DOES I-X, and
ABC CORPORATIONS I-X
COPYRIGHT INFRINGEMENT
REQUEST FOR DAMAGES PURSUANT TO 17 U.S.C. §504 ET. SEQ.
47. Plaintiffs hereby incorporate the preceding paragraphs as though fully set forth herein at
length.
48. In 2016, Hian created the design for Plaque D’egout.
49. Hian formally registered the copyright covering this material after consulting counsel on
her rights in regards to LVMH’s infringement. Hian’s Copyright Registration for Plaque D’egout is
registered under Registration Number VA 2-298-459, attached as Exhibit F hereto.
50. In 2019, Hian created the design for Ombre.
51. Hian formally registered the copyright covering this material after consulting counsel on
her rights in regards to LVMH’s infringement. Hian’s Copyright Registration for Ombre is registered
under Registration Number VA 2-301-404, attached as Exhibit G hereto.
52. As set forth more fully above, defendants knowingly, willfully, intentionally infringed
upon plaintiffs’ original designs, materials, intellectual property, and copyrights on multiple occasions,
resulting in substantial profits to defendants.
53. At no time did any defendant have a license or authority or permission to use any form
of Hian’s original or substantially similar designs, materials, intellectual property, and copyrights.
54. As a result of defendants’ infringement of plaintiffs’ copyrights and exclusive rights
under those copyrights, plaintiffs are entitled to have defendants disgorge all profits earned as a result
of defendants’ copyright infringement.
21
55. In the alternative to disgorgement of defendants’ profits, plaintiffs are entitled to
$150,000 per willful infringement.
56. Plaintiffs are further entitled to recovery of their attorneys’ fees and costs.
WHEREFORE, plaintiffs Paula Hian and Paula Hian Creations, Ltd., request this Honorable
Court enter judgment in their favor and against defendant LVMH Moët Hennessy Louis Vuitton Inc. in
an amount of compensatory and punitive damages in excess of the applicable arbitration limits
representing defendants’ profits, or alternatively, $150,000 per willful infringement, plus interest, costs,
attorneys’ fees, and expenses incurred by plaintiffs, and such other relief as this Honorable Court may
deem appropriate.
COUNT II
V.
COPYRIGHT INFRINGEMENT
REQUEST FOR INJUNCTIVE RELIEF PURSUANT TO 17 U.S.C. §502 ET. SEQ.
length.
58. Defendants have willfully infringed on the plaintiffs’ original designs, materials,
intellectual property, and copyrights.
59. Defendants’ willful infringement, use, sale, and/or pirating of plaintiffs’ original designs,
materials, intellectual property, and copyrights has caused permanent and irreparable harm to plaintiffs.
22
60. Unless an injunction is granted barring defendants from further re-releases, distribution,
marketing, selling, publishing, or otherwise promoting its infringing materials and designs, plaintiffs
will continue to suffer ongoing irreparable harm.
61. Plaintiffs do not have an adequate remedy at law.
62. Based on the clear and willful violations and breaches, plaintiffs have a substantial
likelihood of success on the merits.
63. Greater harm will befall plaintiffs than will befall defendants if the injunctive relief
requested herein is not granted.
Court enter an Order: (a) restraining all defendants here and abroad from promoting, shipping, re-
releasing, selling, marketing, advertising, transporting, or otherwise moving in domestic or foreign
commerce, any and all products or advertising materials bearing or infringing on plaintiffs’ copyrighted
designs and materials; (b) ordering defendants to forfeit and/or recall all forms of material containing
infringing materials or designs; (c) ordering defendants to recall and remove any and all of their
catalogs, websites, books, posters, brochures, or other materials which contain any works or references
to any works that infringe on plaintiffs’ copyrights; (d) ordering all of defendants’ agents, employees,
contractors, and vendors to refrain from selling or marketing the infringing works in questions; (e)
ordering that plaintiffs be credited for their work in any future versions sold; and (f) providing such
other relief as this Honorable Court may deem appropriate.
23
COUNT III
V.
VIOLATIONS OF COMMON LAW AND

FEDERAL LANHAM ACT AND
STATE UNFAIR COMPETITION LAWS
length.
65. Defendants’ conduct constitutes unfair competition, in that defendants’ are attempting to
benefit commercially from the consumer good will and intellectual property rights, copyrights, and
original designs and works that plaintiffs have in their distinctive and original designs and materials,
along with plaintiffs’ creativity in coming up with unique, original materials and designs.
66. Defendants’ conduct in copying and infringing plaintiffs’ original designs, materials,
intellectual property, and copyrights is likely to cause consumer confusion about the source of the
products offered by defendants.
67. Defendants have increased the likelihood of confusion among consumers resulting from
its advertising and branding efforts using plaintiffs’ original designs, materials, intellectual property,
and copyrights, and defendants’ commercializing products infringing, based on, or substantially and
confusingly similar to, plaintiffs’ original designs, materials, intellectual property, and copyrights.
68. Defendants’ wrongful conduct arises directly out of and is connected to its advertising
activities.
69. Such acts constitute acts of unfair competition against plaintiffs under 15 U.S.C. § 1125.
70. Plaintiffs have been and continue to be damaged by defendants’ activities and conduct.
24
71. Accordingly, plaintiffs are entitled to recover their damages, as well as defendants’
profits received as a result of the infringement. 15 U.S.C. § 1117.
72. Unless defendants’ conduct is enjoined, plaintiffs and their good will and reputation will
suffer irreparable injury which cannot be adequately calculated or compensated solely by money
damages.
73. Accordingly, plaintiffs are entitled to injunctive relief, treble damages, attorneys’ fees
and costs, and such other and further relief as the Court deems just and proper.
an amount of compensatory and treble damages in excess of the applicable arbitration limits
representing defendants’ profits, plus interest, costs, attorneys’ fees, and expenses incurred by plaintiffs,
as well as injunctive relief, and such other relief as this Honorable Court may deem appropriate.
COUNT IV
V.
UNJUST ENRICHMENT / QUANTUM MERUIT
length.
75. As set forth more fully hereinabove, defendants have been unjustly enriched as
defendants have earned substantial profits from using plaintiffs’ original designs, materials, intellectual
property, and copyrights in defendants’ advertising, marketing, branding, and products.
25
76. Under such circumstances, that it would be inequitable for defendants to retain those
benefits without payment of value to plaintiffs therefore.
an amount of compensatory and punitive damages in excess of the applicable arbitration limits
representing defendants’ profits, plus interest, costs, attorneys’ fees, and expenses incurred by plaintiffs,
and such other relief as this Honorable Court may deem appropriate.
DEMAND FOR JURY TRIAL
77. Plaintiffs hereby demand a trial by jury of 12 persons as to all issues.
Respectfully submitted,
WHITMAN, LLC
By: /s/ William M. Whitman_______

William M. Whitman, Esq.
1210 North Bethlehem Pike
Suite B-8, #1050
North Wales, PA 19454
(610) 572-2860
Attorney for Plaintiffs
Dated: September 19, 2022
26

Paula Hian Lawsuit Against Louis Vuitton

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

Paula Hian Lawsuit Against Louis Vuitton

Uploaded by

Copyright:

Available Formats

Case 2:22-cv-03742 Document 1 Filed 09/19/22 Page 1 of 26

IN THE UNITED STATES DISTRICT COURT FOR

the following in support of their Complaint against the Defendants:

Nature of the Action

1. This action is based on defendants’ intentional copying and commercializing plaintiffs’

original designs, materials, intellectual property, and copyrights.

2. Count I is a claim for copyright infringement, requesting damages pursuant to 17 U.S.C.

competition laws. Count IV is a claim for unjust enrichment/quantum meruit.

3. Plaintiff Paula Hian (Hian) is an adult individual and resident of Pennsylvania.

plaintiffs’ original designs, materials, intellectual property, and copyrights.

Jurisdiction and Venue

the unlawful acts of defendants herein.

sold the copied and/or infringing material at issue here.

fully set forth herein at length.

13. Hian is a professional designer of luxury women’s clothing.

original materials, managing every step of the process herself.

women’s fashion designs, since 2000.

Prussia Mall, in King of Prussia, Pennsylvania.

19. Headquartered in Paris, France, and operating worldwide, LVMH is a multinational

perfumes and cosmetics, and watches and jewelry industries.

perfumes and cosmetics retailer Sephora, and Princess Yachts.

over its 2020 revenues of $ 54.91 billion.

the world’s sixteenth most valuable company.

Hian’s Creative Process

a) envisioning and sketching the design;

c) testing and deciding among various materials and yarns;

d) engaging a factory to knit a variety of swatches of the original fabric design, in a

variety of colors, based on those specifications and decisions;

e) matching original fabric designs to specific, original patterns;

f) manufacturing specific original pattern designs in original fabric designs and

g) fitting manufactured pieces to models, for photograph;

h) compiling modeled pieces into linesheets; and

i) creating lookbooks for wholesale, retail and online buyers.

using the patterned fabric:

D’egout is attached hereto as Exhibit A.

using the patterned fabric:

attached hereto as Exhibit B.

Raffia is attached hereto as Exhibit C.

Hian and PHC contacts LVMH

apparel designs, materials, intellectual property, and copyrights with LVMH.

Exhibits D and E, respectively.

Hian’s permission, without attribution, and without payment therefore.

property, and copyrights shown on the right side:

did not do so.

derive worldwide revenue and profits therefrom.

LVMH Product Extensions and Brand Marketing Concepts

Using Hian’s Designs & Derivatives Thereof

36. By way of example only, in this LVMH image,

brown and white, never in black and white.

37. By way of example only, in this LVMH image,

38. By way of example only, in these LVMH images,

39. By way of example only, in this LVMH image,

consumers as to the design and product’s origin.

40. By way of example only, in this LVMH image,

the design and product’s origin.

41. By way of example only, in this LVMH image,

confusing consumers as to the design and product’s origin.

42. By way of example only, in this LVMH image,

consumers as to the design and product’s origin.

43. By way of example only, in these LVMH images,

44. By way of example only, in this LVMH image,

45. By way of example only, in this LVMH image,

to the design and related products’ origin.

46. By way of example only, in this LVMH image,