FD9 Group v. Bangle Jangle - Coordinates Jewelry Trade Dress Complaint PDF

Case 2:15-cv-00512 Document 1 Filed 01/22/15 Page 1 of 23 Page ID #:1
Michael N. Cohen (SB# 225348)

mcohen@cohenip.com
COHEN IP LAW GROUP
2 A Professional Corporation
9025 Wilshire Boulevard, Suite 301
3 Beverly Hills, California 90211
Phone: (310) 288-4500 Fax: (310) 246-9980
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Attorneys for Plaintiff,
5 FD9 GROUP INC.

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
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10 FD9 GROUP INC., a Delaware
11 Corporation,
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Plaintiff,
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vs.
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16 BANGLE JANGLE, LLC
17 A Florida limited liability company;
18 And DOES 1-10 inclusive,
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Defendants.
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CASE NO.:
COMPLAINT FOR:
1. FEDERAL TRADEMARK
INFRINGEMENT
[LANHAM ACT]
2. FEDERAL TRADE DRESS
INFRINGEMENT
[LANHAM ACT]
3. COMMON LAW TRADE
DRESS INFRINGEMENT
4. UNFAIR COMPETITION
Cal. Bus. & Prof. Code
17200
5. FALSE DESIGNATION OF
ORIGIN
15 U.S.C. 1125(a)
6. COPYRIGHT
INFRINGEMENT
17 U.S.C. 101 et seq.
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DEMAND FOR JURY TRIAL
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Plaintiff FD9 GROUP, INC., (FD9) for its Complaint against defendants
Bangle Jangle, LLC (Bangle), and Does 1-10 inclusive alleges as follows:
NATURE OF THE ACTION
1. This lawsuit arises out of Bangles infringement of FD9s intellectual
5 property, specifically its trademarked, copyrighted, and highly successful line of

6 COORDINATES engraved jewelry. This is an action for trademark infringement,
7 trade dress infringement, unfair competition, and false designation of origin under
8 the Trademark Act of 1946, 15 U.S.C. 1051, et seq. (the Lanham Act) and
9 California State law, as well as copyright infringement under the copyright laws of
10 the United States, 17 U.S.C. 101, et seq. Because Bangles infringement has
11 caused and is causing FD9 harm, FD9 is seeking actual and statutory damages,
12 attorneys fees, and such other relief as deemed appropriate.
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JURISDICTION AND VENUE
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2. Personal jurisdiction exists over Defendants because on information and
17 belief, and, as alleged herein, Defendants conduct business in California and in this
18 judicial district, or otherwise avail themselves of the privileges and protections of
19 the laws of the State of California, such that they do not offend traditional notions
20 of fair play and due process to Defendants in the jurisdiction herein.
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3. This action arises under 43(a) of the Lanham Act, 15 U.S.C. 1114,
22 1125(a), as well copyright laws of the United States, 17 U.S.C. 101 et seq. This
23 Court has original subject matter jurisdiction over these federal claims pursuant to
24 15 U.S.C. 1121, and 28 U.S.C. 1331, and 1338.
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4. This court also has jurisdiction for all of the state law claims on the basis
26 of supplemental jurisdiction under 28 U.S.C. 1367(a) in that the federal and state
27 law claims alleged herein are based on the same operative facts, and the Courts
28 exercise of jurisdiction over the pendent state law claims will promote judicial
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economy, convenience, and fairness to the parties.

5. Venue is proper in this district under 28 U.S.C. 1400(a) and 1391(b)
3 and (c) because on information and belief a substantial part of the events and
4 omissions giving rise to the claims asserted herein occurred within this judicial
5 district, substantial injury occurred in this district, and certain Defendants are
6 subject to personal jurisdiction in this district.
7
PARTIES
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6. Plaintiff, FD9 GROUP, INC., (FD9 or Plaintiff), is now, and was at
10 the time of the filing of this Complaint and at all intervening times, a corporation
11 organized under the laws of Delaware, with its principal place of business in
12 California.
13
7. Plaintiff is informed and believes that Defendant Bangle Jangle, LLC
14 (Bangle) is a Florida corporation with a registered address of 97 Levy Road

15 #173Atlantic Beach, FL 32233, and as well as a mailing address of P.O. Box
16 330379 Atlantic Beach, FL 32233. Plaintiff is further informed and believes that
17 Defendant Bangle is utilizing an internet website with a URL of
18 http://www.banglejangle.com.
19
8. The true names and capacities, whether individual, corporate, associate of
20 otherwise, of Defendants herein designated by fictitious names Does 1-10,

21 inclusive, are unknown to Plaintiff. Plaintiff therefore sues said Defendants by
22 such fictitious names. When the true names and capacities of said Defendants
23 have been ascertained, Plaintiff will amend this pleading accordingly.
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9. Plaintiff further alleges that Does 1-10, inclusive, sued herein by
25 fictitious names are jointly, severally, and concurrently liable and responsible with
26 the named Defendants upon the causes of action hereinafter set forth.
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10.Plaintiff is informed and believes and thereon alleges that at all times
28 mentioned herein that Defendants Bangle and Does 1-10, inclusive, and each of
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them (collectively, Defendants), were the agents, servants and employees of
every other Defendant and the acts of each Defendant, as alleged herein, were
3 performed within the course and scope of that agency, service or employment.
4
FACTUAL BACKGROUND
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11. This controversy involves two competing jewelry merchants, Plaintiff

FD9 Group, Inc. (FD9) and Defendant Bangle Jangle, LLC (Bangle). FD9 and
Bangle sell and promote products targeted to the same customers, offering
suspiciously similar looking bracelets, rings, necklaces, and related accessories, at
comparable prices, and distribute their goods on their respective websites, third
party websites, through social media channels, in online press and publications,
and other directly overlapping channels of trade.
12. Plaintiff, FD9 Group, Inc., manufactures and sells jewelry products with
latitude and longitude coordinates engravings. Original trademarks and logos, as
well as copyrighted website elements are connected with the products (the
Property).
13. As early as December 1st 2012 FD9 adopted and began the use in
commerce of the distinctive trademark COORDINATES to identify its line of
jewelry goods and related accessories (hereafter FD9s Umbrella Mark) U.S. Reg.
No. 4,541,700.
Since December 2012, FD9 has invested substantial sums of
money building brands under FD9s Umbrella Mark, using and registering marks
to promote its jewelry line that all incorporate similar distinctive elements shared
with FD9s Umbrella Mark. A list of FD9s trademarks registered to the principal
register is below:
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Registration Number
Trademark
Goods
4,541,700
COORDINATES
Bracelets; Jewelry;
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Necklaces; Rings
4,482,636
Bracelets; earrings;
jewelry; necklaces;
rings
4,668,121
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COORDINATES
Bracelets; earrings;
RINGS
jewelry; necklaces;
rings
4,668,122
COORDINATES
Jewelry; Necklaces
NECKLACES
4,668,123
10
COORDINATES
Bracelets; Jewelry
BRACELETS
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12
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14. The following list of FD9s trademarks have received a Notice Of
14 Allowance from the United States Patent and Trademark Office and will be
15 registered pending additional administrative compliance or processing by the
16 USPTO.
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Serial Number
Trademark
Goods
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85,861,171
COORDINATES
Footwear; Headgear,
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namely, hats, caps,
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beanies; Leather belts;
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Shirts
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85,861,152
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85,897,021
COORDINATES
Bracelets; Jewelry;
COLLECTION
Necklaces; Rings
COORDINATES
-Balls for games; Stress
COLLECTION
relief balls for hand
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exercise;
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-Lighters for smokers;
Lighters not of precious
metal;
-Dissemination of
advertising for others
via public and private
wireless networks for
display on mobile
devices; On-line retail
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store services featuring
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a wide variety of
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consumer goods of
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others;
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-Delivery of digital
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music by electronic
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transmission;
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-Educational and
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entertainment services,
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namely, a continuing
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program about travel
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and jewelry accessories
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accessible by radio,
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television, satellite,
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audio, video and
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computer networks
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- Peer-to-browser photo
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sharing services
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86,337,610
ION COLLECTION
Bracelets; Jewelry;
Necklaces; Rings
86,380,498
OPEN AIR
Jewelry; Necklaces;
Rings
86,377,747
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MOMENTS BY
Bracelets; Jewelry;
COORDINATES
Necklaces; Rings
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15.
Since 2012, Plaintiffs well known and unique jewelry designs are subject
10 to copyright, including the original jewelry design titled Coordinates Bracelet.

11
16. Furthermore, Plaintiffs well known and unique website design is subject to
12 copyright, including the original layout, graphics, color scheme, and placement of
13 products.
14 B:
Plaintiffs Reputation and Goodwill in the Relevant Industry
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17. Plaintiffs original coordinates engraved jewelry is unique in the large
17 community of jewelry manufactures and distributors. Defendants have been long

18 aware of Plaintiffs rights in and to the Property due to the widespread recognition
19 and respect for Plaintiffs product line.
During all times alleged herein,
20 Defendants have willfully engaged in widespread copying and promotion of

21 jewelry products using substantially similar and confusing designs.
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18.
Plaintiff has distinguished itself as the international leader in its famous
23 line of engraved jewelry, contributing significantly to the wide interest of this

24 design throughout the world. Plaintiff is courted and hailed due to its famous name
25 recognition and distinguished quality, original, and unique packaging.
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19.
Because of Plaintiffs extensive use of the Mark and its Copyrighted
27 Designs, plaintiff has built up significant goodwill therein and its product line has
28 been praised and recognized in numerous articles appears in both trade
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publications and those directed to the general public, and on popular and
widespread internet blog sites.
20.
The success of Plaintiffs marketing efforts is evidenced by, among
4 other things, unsolicited media attention and multitude of consumer blog sites with
5 unsolicited testimonials which praise Plaintiffs company, the Property, and
6 products represented.
7 C.
8
Defendants Wrongful Conduct Regarding Trademarks

21.
In June 2013, after Bangle was on notice of FD9s trademark interests in
9 the above referenced marks, Defendants registered the top level domain name
10 www.thecoordinateline.com, which it still owns and operates.
11
22.
From June 2013 through December 2013 Bangle operated a website
12 under the top level domain name www.thecoordinateline.com, and sold substantial
13 volumes
of jewelry and related accessories under the moniker THE
14 COORDINATE LINE competing directly with FD9 by selling similar looking

15 products at similar price points to the same customer demographics in overlapping
16 channels of trade. During this time Bangle also promoted its goods on social media
17 websites including Facebook where it promoted its products as THE
18 COORDINATE LINE.
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23.
Starting on or about November 20, 2013, Bangle launched a new
20 branding campaign that at best tip-toes around, and at times flat out stomps on the
21 FD9 Trademarks rights. Since November 20, 2013 Bangles marketing materials
22 have been littered with terms that in fact have resulted in confusion and a
23 likelihood of confusion.
24
24.
At some point Defendants changed their mark from The Coordinate
25 Line to Lat & Lo. Plaintiff has become aware that Defendant, Bangle Jangle
26 filed with the USPTO an application for the trademark Lat & Lo.
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25.
At various times relevant to the allegations made herein, Defendants
28 have piggybacked on Plaintiffs success by imitating and copying its protected
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marks, the products trade dress and overall feel.

26.
An image of Plaintiffs Trademarked Coordinates product appear as

follows:
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As depicted below, Defendants LAT & LO product slavishly copies the

trademark and trade dress of Plaintiffs product:
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28. Like Plaintiffs competing product, the markings on Defendants

product includes the following: similar font for numerals, similar proportions of
the engraved characters, similar geographic coordinates shown in latitude and
longitude numerals, similar use of the coordinates symbol: , similar markings on
the front and back of the bracelet, similar placement of numerals, as well as the
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same color and general shape.
29. Additionally
Plaintiffs
website,
www.coordinatescollection.com
3 encompasses original stylistic choices to create a unique look and feel, which is
4 protectable under trade dress.
30. An image of Plaintiffs website appears as follows:
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31.
As
depicted
below,
Defendants
website,
www.latandlo.com
(Defendants Website) intentionally copies Plaintiffs website:
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32. Defendants website, latandlo.com purposely imitates and copies the
28 design and elements of Plaintiffs site by the following: similar placement of
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products, similar images, similar light color scheme, similar size of images, similar
styles of products.
33. Actual confusion has been caused by Defendants deceptive practices.
4 In November 2014 the editors of People Magazine confused Bangles website

5 and products as if they were FD9s website and product, and used a portion of
6 Bangles website to promote FD9s goods. Attached hereto is a true a correct copy
7 of the People Magazine article as Exhibit A.
8
34. Upon information and belief, Defendants willfully and intentionally
9 manufactured and/or sold inferior products bearing confusingly similar marks to

10 Plaintiff and copyrighted Web Designs with the intent to confuse and trade on and
11 benefit from the goodwill established by Plaintiff in its protected and well known
12 Property.
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35. At the time of the Complaint, Defendants have continuously and
14 systematically distributed throughout California and the United States inferior and
15 infringing products, misled and confused consumers, affected widespread negative
16 publicity regarding Plaintiffs Property, negatively affected the market price of
17 Plaintiffs goods by selling at below-market prices, and diverted millions of dollars
18 in business away from Plaintiff.
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20 D:
Defendants Wrongful Conduct Infringing Plaintiffs Copyrights
21
1: Coordinates Bracelet
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36. Since 2012, Plaintiffs well known and unique jewelry designs have
23 been original, fixed, and subject to copyright, including the original jewelry design
24 entitled Coordinates Bracelet.
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37. Plaintiff has complied with the U.S. Copyright Act of 1976, 28
26 U.S.C.101 et seq., and has applied for copyright registration for the jewelry
27 design
entitled Coordinates Bracelet with an application case number of 1-
28 2079902981. A true and correct copy of the application receipt is attached hereto
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as Exhibit B.
38. Defendants had access to which they knowingly and willfully copied
3 and distributed the FD9 work through, without limitation, the production, sale, and
4 distribution of Defendants products. Defendants products are direct copies and/or
5 unauthorized derivative works of Plaintiffs copyrighted works.
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39. Upon information and belief, Defendants continue to sell infringing
7 products.
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40. Defendants infringing products are derived from and copy the
9 distinctive designs of FD9 Group Inc., thereby infringing upon Plaintiffs

10 copyrights in those works.
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41. Defendants offer infringing products for sale within California and to
12 customers in other states through the website latandlow.com.

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42. Upon information and belief Plaintiff has lost and will continue to lose
14 substantial revenues on the sale of FD9 Works and their products, and has
15 sustained damages as a result of Defendants wrongful conduct.
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43. Defendants production and sale of the infringing products, and other
17 wrongful conduct, also has deprived and continues to deprive Plaintiff of an

18 opportunity of expanding its goodwill.
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44. Unless enjoyed by this Court, Defendants will continue their course of
20 unlawful conduct and will continue wrongfully to use, infringe upon, sell and
21 otherwise profit from its infringement of the Coordinates Bracelet, and will
22 continue to deprive Plaintiff of its rights.
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45. As a direct and proximate result of the acts of Defendants alleged
24 above, Plaintiff has already suffered irreparable injury and sustained lost profits.
25 Plaintiff has no adequate remedy at law to address all of the injuries that
26 Defendants have cause and have intended to cause by their unlawful conduct.
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2: Plaintiffs Website
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46. Plaintiffs website, www.coordinatescollection.com is an original and

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fixed work subject to federal copyright protection.

47. Plaintiff has complied with the U.S. Copyright Act of 1976, 28
3 U.S.C.101 et seq., and has applied for copyright registration for the website as
4 entitled in Coordinates Website with an application case number of 15 2079903555. A true and correct copy of the application receipt is attached hereto
6 as Exhibit C.
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48. Defendants had access, to which they knowingly and willfully copied
8 Coordinates Website. Defendants Website is a direct copy and/or unauthorized

9 derivative works of Plaintiffs copyrighted works.
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49.Upon information and belief, Defendants continue to operate infringing
11 website to confuse consumers.

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50.Defendants Website bears striking similarities to Plaintiffs.
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51.Upon information and belief Plaintiff has lost and will continue to lose
14 substantial revenues on through the operation of Defendants website, and has

15 sustained damages as a result of Defendants wrongful conduct.
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52. Defendants use of the infringing website, and other wrongful conduct,
17 also has deprived and continues to deprive Plaintiff of an opportunity of expanding

18 its goodwill.
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53. Unless enjoyed by this Court, Defendants will continue their course of
20 unlawful conduct and will continue wrongfully to use, infringe upon, sell and
21 otherwise profit from its infringement of the Coordinates Bracelet, and will
22 continue to deprive Plaintiff of its rights.
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54. As a direct and proximate result of the acts of Defendants alleged
24 above, Plaintiff has already suffered irreparable injury and sustained lost profits.
25 Plaintiff has no adequate remedy at law to address all of the injuries that
26 Defendants have cause and have intended to cause by their unlawful conduct.
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//
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//
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FIRST CAUSE OF ACTION
Federal Trademark Infringement Against Defendants
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55. Plaintiff repeats and realleges each and every allegation set forth in
5 Paragraphs 1-54.
6
56. Since at least 2013, Defendants have infringed on Plaintiffs federally
7 registered
marks:
COORDINATES,
4,541,700;
C,
4,482,636;
8 COORDINATES RINGS, 4,668,121; COORDINATES NECKLACES,

9 4,668,122; and COORDINATES BRACELETS, 4,668,123, by among other
10 things, promoting distributing, and selling manufacturing jewelry with coordinates
11 engraved using the term Lat & Lo as well as The Coordinate Line in interstate
12 commerce.
13
57. Plaintiff is informed and believed, and on that basis alleges that
14 Defendants promotion, distribution, and sale of manufacturing jewelry under the

15 infringing marks ahs a substantial effect on interstate commerce, and has caused
16 confusion and mistake and is likely to continue to cause confusion and mistake,
17 and to deceive the public into believing that Defendants goods and services
18 originate with, or are associated with and/or authorized by Plaintiff.
19
58.Defendants unlawful use of the infringing mark in interstate commerce
20 constitutes trademark and service mark infringement in violation of Section 32(a)

21 of the Lanham Act, 15 U.S.C. 1114(1).
22
59. Plaintiff is informed and believes and on that basis alleges, that
23 Defendants, in engaging in the conduct described herein, willfully intended to trade

24 on the reputation of Plaintiff and/or the Plaintiffs marks, and to cause injury to
25 plaintiff.
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60. As a direct and proximate result of Defendants unlawful acts as set
27 forth above, including the unauthorized use of the Infringing marks, Plaintiff has
28 suffered and will continue to suffer injury to its business, goodwill, and property.
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61. Plaintiff is entitled to recovery from Defendants the damages it has
sustained and will sustain as a result of Defendants wrongful conduct as alleged
3 herein. Plaintiff is further entitled to recover from Defendants the gains, profits,
4 and advantages that Defendants have obtained as a result of the wrongful conduct
5 alleged herein. Plaintiff at present is unable to ascertain the full extent of its
6 damages, or the gains, profits, and advantages that Defendants have obtained by
7 reason of their wrongful conduct described herein.
8
62. Plaintiff has no adequate remedy at law.
Unless Defendants are
9 preliminarily and permanently enjoined from committing these unlawful acts as set
10 forth above, including the unauthorized use of the infringing marks in commerce,
11 Plaintiff will continue to suffer irreparable harm.
12
63. Plaintiff is entitled pursuant to 15 U.S.C. 1116, to an injunction
13 restraining Defendants, their officers, agents and employees, and all persons acting
14 in concert with them, from engaging in any further such acts of infringement in
15 violation of the Lanham Act.
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SECOND CAUSE OF ACTION
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Federal Trade Dress Infringement Against Defendants
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21 Paragraphs 1-63.
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65. This claim arises under 43(a) of the Lanham act, U.S.C. 1125 (a).
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66. Defendants have engaged in unfair competition by copying, imitating
24 and infringing Plaintiffs trade dress and trade style of its Marks and website for
25 its Coordinates jewelry line.
26
67. Defendants have caused and are continuing to cause to be distributed
27 into interstate commerce their Coordinates Line/Lat & Low products which copy,
28 imitate and infringe upon Plaintiffs trade dress and trade style. Through such use
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and through such association, Plaintiffs trade dress is non-functional, has acquired
a strong consumer awareness.
68. Without
permission,
Defendants
manufacture,
importation,
4 distribution, advertising, promotion and sale of their infringing products has

5 created and continues to create a likelihood of confusion, mistake and/or deception
6 as to the affiliation, connection, association, origin, sponsorship, approval,
7 commercial activities, nature, characteristics, qualities and/or geographic origin of
8 defendants infringing products relative to Plaintiffs marks.
9
69.The conduct of Defendants, as alleged in the foregoing paragraphs
10 constitutes trade dress infringement in violation of Section 43(a) of the Lanham

11 Act (15 U.S.C. 1125(a)), which prohibits the use in commerce in connection with
12 the sale of goods or rendering of any services of any word, term, name, symbol, or
13 device, or any combination thereof which is likely to cause confusion, or to cause
14 mistake, or to deceive as to the source of the goods or services.
15
70.As a direct and proximate result of Defendants unlawful acts as set forth
16 above, is likely to deceive and divert and has deceived and diverted customers
17 away from the Plaintiffs products. Plaintiff has suffered and will continue to
18 suffer injury to its business, goodwill, and property.
19
71.Plaintiff has no adequate remedy at law and is entitled to injunctive relief
20 pursuant to 15 U.S.C. 1116(d).

21
72.Plaintiff is entitled to recovery from Defendants the damages it has
22 sustained and will sustain as a result of Defendants wrongful conduct as alleged

23 herein. Plaintiff is further entitled to recover from Defendants the gains, profits,
24 and advantages that Defendants have obtained as a result of the wrongful conduct
25 alleged herein. Plaintiff at present is unable to ascertain the full extent of its
26 damages, or the gains, profits, and advantages that Defendants have obtained by
27 reason of their wrongful conduct described herein.
28
73. Plaintiff is entitled to recover its actual damages and Defendants profits
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pursuant to 15 U.S.C. 1117(a); damages pursuant to 15 U.S.C. 1117(a) and (b);
and that attorneys fees and costs pursuant to 15 U.S.C. 1117(a); seizer of all
3 infringing goods pursuant to 15 U.S.C. 1116(d); and impoundment and

4 destruction of all infringing goods pursuant to 15 U.S.C. 1118.
THIRD CAUSE OF ACTION
Common Law Trade Dress Infringement
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74.Plaintiff repeats and realleges each and every allegation set forth in
8 Paragraphs 1-73.
9
75. The conduct of Defendants, as alleged in the foregoing paragraphs
10 constitutes trade dress infringement in violation of common law protections.

11
76.As a direct and proximate result of the willful and wanton conduct of
12 Defendants, Plaintiff has been injured and will continue to suffer irreparable injury
13 to its business and reputation unless Defendants are restrained by the Court from
14 infringing the PLAINTIFFs trade dress.
15
77. Plaintiff has no adequate remedy at law.
16
17
FOURTH CAUSE OF ACTION
18
UNFAIR COMPETITION
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Cal. Bus. & Prof. Code 17200
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22 Paragraphs 1-77.
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79. The above described use by Defendants of trademark infringement,
24 trade dress infringement and references confusingly similar to the Plaintiffs

25 product and Defendants other conduct set out above falsely suggests an
26 association with, sponsorship by, licensing by or authorization by Plaintiff.
27
80.Upon information and believe, the above described use by Defendants of
28 trade dress, confusingly similar trademarks to the Plaintiffs for a line of products
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similar to those sold and/or licensed by Plaintiff, and its other conduct as set out
above was calculated to deceive or confuse the public and to profit unjustly from
3 the goodwill and reputation of Plaintiff.

4
81.The wrongful conduct alleged herein constitutes unlawful, unfair and/or
5 fraudulent business acts or practices under the Business and Professions Code
6 17200 et seq.
7
82. Plaintiff is informed and believes and thereon alleges that Defendants
8 undertook the acts alleged above willfully, for the purpose of enriching themselves
9 to Plaintiffs detriment.
10
83. Plaintiff is entitled to disgorgement of profits earned by Defendants as a
11 direct and proximate result their unlawful and/or unfair business acts or practices.
12
84. Defendants threaten to continue to do the acts complained of herein, and
13 unless restrained and enjoined, will continue to do so, all to Plaintiffs irreparable
14 damage. It would be difficult to ascertain the amount of compensation that could
15 afford Plaintiff relief for such continuing acts, and multiplicity of judicial
16 proceedings would be required.
Plaintiffs remedy at law is not adequate to
17 compensate it for injuries threatened.
FIFTH CAUSE OF ACTION
18
(False Designation of Origin)
19
[15 U.S.C. 1125(a)]
20
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22 Paragraphs 1-84.
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86. The Plaintiffs trademark and trade dress is nonfunctional and its
24 inherently distinctive quality has achieved a high degree of consumer recognition

25 and serves to identify Plaintiff as the source of this exact goods.
26
87. As evidenced by the trademark registrations listed in this Complaint, all
27 times relevant herein, Plaintiff, as the exclusive U.S. licensee, held and continues
28 to hold the exclusive rights under United States Trademark Law, 15 USC 1125
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(The Lanham Act) to affix its distinctive trademark (the Mark) to its products
and materials connected with advertising and sale of its products throughout the
3 United States. Defendants wrongful use of the confusingly similar marks violates
4 the Lanham Act, has unfairly competed with and injured Plaintiff, and, unless
5 immediately restrained, will continue to injure Plaintiff, causing damage to
6 Plaintiff in an amount to be determined at trial, and will cause irreparable injury to
7 Plaintiffs goodwill and reputation associated with the value of Plaintiffs Mark.
8
88. Defendants have the legal obligation and responsibility to conduct a
9 search before utilizing a trademark so as not to confuse or deceive consumers as to

10 the origin of its name and Mark. Defendants have been on notice of Plaintiffs
11 registration, pending registrations, and long-time use of its Mark in commerce.
12
89. Plaintiffs Mark is distinctive by virtue of its substantial inherent and
13 acquired distinctiveness, extensive use, and the extensive advertising and publicity
14 of the Mark.
15
90. Defendants egregious and intentional use and sale and of inferior
16 coordinate jewelry products bearing confusingly similar marks with plaintiff

17 unfairly competes with Plaintiff and is likely to cause confusion, mistake, or to
18 deceive, mislead, betray, and defraud consumers to believe that the Defendants
19 products are affiliated with Plaintiff.
20
91. Defendants infringing acts is without Plaintiffs permission or authority
21 and is in total disregard of Plaintiffs rights.

22
92. In light of the foregoing, Plaintiff is entitled to injunctive relief
23 prohibited Defendants from infringing Plaintiffs trademarks, trade dress, or any

24 trade dress confusingly similar thereto, and to recover all damages, including
25 attorneys fees, that Plaintiff has sustained and will sustain, and all gains, profits
26 and advantages obtained by Defendants as a result of their infringing acts alleged
27 above in an amount not yet known, as well as costs of this action.
28
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SIXTH CAUSE OF ACTION
(COPYRIGHT INFRINGEMENT)
17 U.S.C. 101 et seq.
3
4
5
6 Paragraphs 1-92.
7
94.Plaintiff is currently and at all relevant times has been the sole proprietor
8 of all right, title, and interest in and to the copyright in the Coordinates Bracelet
9 and Coordinates Website (Plaintiffs Work).
10
95. The Plaintiffs Work was created as a work for hire for Plaintiff, and is
11 copyrightable subject matter under the laws of the United States.

12
96. Upon information and belief, Plaintiff Work was an original fixed work
13 predating the Defendants infringing conduct.

14
97. Defendants had access and have copied and/or created derivative works
15 from Plaintiffs Work, and have distributed infringing copies of those works,
16 without Plaintiffs authorization. Each act of infringement has damaged Plaintiff
17 and adversely affected the market for and value of Plaintiffs copyrighted works.
18
98. Plaintiff has not given any permission, license or any other
19 authorization to Defendants for the creation of copies or derivatives works, or

20 distribution of Plaintiffs Work.
21
99. Plaintiff has suffered damages as a direct and proximate result of the
22 foregoing acts and conduct of Defendants. Plaintiff is entitled to actual damages.

23 Alternatively, upon the US Copyright office registering Plaintiffs work, Plaintiff
24 will be entitled to statutory damages pursuant 17 U.S.C. 504(c), in an amount not
25 less than $150,000 with respect to each work involved in this action from that date
26 forward.
27
100.
As a direct and proximate result of Defendants violations of the
28 Copyright Act, all copies made or used in violation of Plaintiffs rights, and all
-20COMPLAINT
plates, molds, matrices, models, or other articles by means of which such copies
may be reproduced, must be impounded and destroyed in accordance with 17
3 U.S.C. 503.
4
101. On information and belief, Defendants infringing conduct is willful,
5 wanton, and calculated to deceive, and was undertaken in bad faith. As a result
6 and upon the US Copyright office registering Plaintiffs work, this Court should
7 award full costs to Plaintiff, including an award of attorneys fees, pursuant to 17
8 U.S.C. 505.
9
10 WHEREFORE, Plaintiff FD9 GROUP, INC., prays for judgment against
11 Defendants, as follows:
12
13
14
15
16
17
A. For damages in an amount to be proven at trial for federal trademark

infringement under the Lanham Act;
B. For damages in an amount to be proven at trial for federal and common
trade dress infringement under the Lanham Act;
C. For damages in an amount to be proven at trial for false designation of
origin and unfair competition under the Lanham Act;
18
D. For damages in an amount to proven at trial for Copyright Infringement
19
E. For disgorgement of Defendants profits under 15 U.S.C. 1117(a);
20
F. For an injunction by this Court prohibiting Defendants from engaging or
21
continuing to engage in the unlawful, unfair, or fraudulent business acts
22
or practices described herein;
23
G. For an order from the Court requiring that Defendants provide complete
24
accountings and fort equitable relief, including that Defendants disgorge
25
and return or pay their ill-gotten gains obtained from the illegal
26
transactions entered into and or pay restitution, including the amount of
27
monies that should have been paid if Defendants complied with their
28
legal obligations, or as equity requires;

-21COMPLAINT
H. For an order from the Court that an asset freeze or constructive trust be
imposed over all monies and profits in Defendants possession which
rightfully belong to Plaintiff;
I. A judgment that Plaintiff be awarded its costs and disbursement incurred
in connection with action, including Plaintiff's reasonable attorneys' fees
and investigative expenses; and
7
8
9
J.
Adjudge that all such other relief be awarded to Plaintiff as this Court
deems just and proper.
Dated: January 22, 2015
Michael N. Cohen,
COHEN IP LAW GROUP, P.C.
10
11
12
13
By:
/s/Michael N. Cohen/
Michael N. Cohen
Attorneys for Plaintiff
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-22COMPLAINT
DEMAND FOR JURY TRIAL
1
2
Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, FD9
3 respectfully requests a trial by jury of any and all issues on which a trial by jury is
4 available under applicable law.
5 Dated: January 22, 2015
6
Michael N. Cohen,
COHEN IP LAW GROUP, P.C.
7
8
9
By:
/s/Michael N. Cohen/
Michael N. Cohen
Attorneys for Plaintiff
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-23COMPLAINT

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Case 2:15-cv-00512 Document 1 Filed 01/22/15 Page 1 of 23 Page ID #:1

Michael N. Cohen (SB# 225348)

Attorneys for Plaintiff,

5 FD9 GROUP INC.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

DEMAND FOR JURY TRIAL

Case 2:15-cv-00512 Document 1 Filed 01/22/15 Page 2 of 23 Page ID #:2

5 property, specifically its trademarked, copyrighted, and highly successful line of

JURISDICTION AND VENUE

2. Personal jurisdiction exists over Defendants because on information and

Case 2:15-cv-00512 Document 1 Filed 01/22/15 Page 3 of 23 Page ID #:3

economy, convenience, and fairness to the parties.

6. Plaintiff, FD9 GROUP, INC., (FD9 or Plaintiff), is now, and was at

7. Plaintiff is informed and believes that Defendant Bangle Jangle, LLC

14 (Bangle) is a Florida corporation with a registered address of 97 Levy Road

8. The true names and capacities, whether individual, corporate, associate of

20 otherwise, of Defendants herein designated by fictitious names Does 1-10,

9. Plaintiff further alleges that Does 1-10, inclusive, sued herein by

Case 2:15-cv-00512 Document 1 Filed 01/22/15 Page 4 of 23 Page ID #:4

them (collectively, Defendants), were the agents, servants and employees of

11. This controversy involves two competing jewelry merchants, Plaintiff

Since December 2012, FD9 has invested substantial sums of

Case 2:15-cv-00512 Document 1 Filed 01/22/15 Page 5 of 23 Page ID #:5

14. The following list of FD9s trademarks have received a Notice Of

namely, hats, caps,

beanies; Leather belts;

-Balls for games; Stress

relief balls for hand

Case 2:15-cv-00512 Document 1 Filed 01/22/15 Page 6 of 23 Page ID #:6

-Lighters for smokers;

Lighters not of precious

advertising for others

via public and private

wireless networks for

devices; On-line retail

store services featuring

program about travel

and jewelry accessories

audio, video and

Case 2:15-cv-00512 Document 1 Filed 01/22/15 Page 7 of 23 Page ID #:7

10 to copyright, including the original jewelry design titled Coordinates Bracelet.

Plaintiffs Reputation and Goodwill in the Relevant Industry

17. Plaintiffs original coordinates engraved jewelry is unique in the large

17 community of jewelry manufactures and distributors. Defendants have been long

During all times alleged herein,

20 Defendants have willfully engaged in widespread copying and promotion of

Plaintiff has distinguished itself as the international leader in its famous

23 line of engraved jewelry, contributing significantly to the wide interest of this

Because of Plaintiffs extensive use of the Mark and its Copyrighted

Case 2:15-cv-00512 Document 1 Filed 01/22/15 Page 8 of 23 Page ID #:8

widespread internet blog sites.

The success of Plaintiffs marketing efforts is evidenced by, among

Defendants Wrongful Conduct Regarding Trademarks

In June 2013, after Bangle was on notice of FD9s trademark interests in

From June 2013 through December 2013 Bangle operated a website

of jewelry and related accessories under the moniker THE

14 COORDINATE LINE competing directly with FD9 by selling similar looking

Starting on or about November 20, 2013, Bangle launched a new

At some point Defendants changed their mark from The Coordinate

At various times relevant to the allegations made herein, Defendants

28 have piggybacked on Plaintiffs success by imitating and copying its protected