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Case 2:17-cv-01708 Document 1 Filed 03/02/17 Page 1 of 19 Page ID #:1

1 VENABLE LLP
Tamany Vinson Bentz (SBN 258600)
2
tjbentz@venable.com
3 2049 Century Park East, Suite 2300
4 Los Angeles, CA 90067
Telephone: (310) 229-9900
5 Facsimile: (310) 229-9901
6
VENABLE LLP
7 Justin E. Pierce (pro hac to be filed)
8 jepierce@venable.com
Moxila A. Upadhyaya (pro hac to be filed)
9 maupadhyaya@venable.com
10 600 Massachusetts Avenue NW
Washington, DC 20001
11 Telephone: (202) 344-4442
Facsimile: (202) 344-8300
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Attorneys for Plaintiff Artis LLC
VENABLE LLP
LOS ANGELES, CA 900 67

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UNITED STATES DISTRICT COURT
15 FOR THE CENTRAL DISTRICT OF CALIFORNIA
16
17 ARTIS LLC, a New Jersey Limited CASE NO. 2:17-cv-1708
Liability Company,
18
19 Plaintiff, COMPLAINT FOR:

20 (1) FEDERAL TRADEMARK


v.
21 INFRINGEMENT (15 U.S.C. 1114)
LILLY LASHES, LLC, a California
22 Limited Liability Company; GHALICHI (2) LANHAM ACT FALSE
23 GLAM, INC., a California Corporation; ADVERTISING (15 U.S.C.
NEELUFAR GHALICHI a.k.a. LILLY 1125(a))
24
GHALICHI, an individual,
25 (3) DESIGN PATENT
Defendants. INFRINGEMENT (35 U.S.C. 271)
26
27 (4) FEDERAL UNFAIR
COMPETITION AND FALSE
28
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2 COMPLAINT
Case 2:17-cv-01708 Document 1 Filed 03/02/17 Page 2 of 19 Page ID #:2

1 DESIGNATION OF ORIGIN (15


2 U.S.C. 1125(a))

3 (5) STATE UNFAIR


4 COMPETITION (CAL. BUS. &
PROF. CODE 17200)
5
6 (6) COPYRIGHT INFRINGEMENT
(17 U.S.C. 501)
7
8
DEMAND FOR JURY TRIAL
9
10
Plaintiff Artis LLC (Artis), for its Complaint against Defendants Lilly
11
Lashes, LLC, Ghalichi Glam, Inc., and Lilly Ghalichi (collectively, Defendants),
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alleges the following:
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THE PARTIES
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1. Artis is a limited liability company organized and existing under the laws of
15
the State of New Jersey.
16
2. Upon information and belief, Defendant Lilly Lashes is a limited liability
17
company organized and existing under the laws of the State of California, with a
18
principal place of business located at 748 South Main Street, Los Angeles,
19
California 90014.
20
3. Upon information and belief, Defendant Ghalichi Glam, Inc. is a California
21
corporation with a principal place of business located at 409 Washington Blvd.,
22
Marina del Rey, California 90292.
23
4. Upon information and belief, Defendant Neelufar Lilly Ghalichi is the sole
24
manager of Defendant Lilly Lashes and the CEO, CFO, and Secretary of
25
Defendant Ghalichi Glam. As the sole manager and sole officer of these
26
Defendants, Lilly Ghalichi, upon information and belief, directs, conducts, controls
27
or ratifies the actions of the Defendants including directing, conducting,
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controlling or ratifying the knowing and willful unauthorized infringement of
2
Artis intellectual property rights as described herein.
3
5. Upon information and belief, Defendants sell or offer for sale cosmetic
4
brushes that infringe on Plaintiffs exclusive intellectual property rights.
5
Defendants committed acts and omissions leading to Artis damages, were acting
6
in concert and active participation with each other in committing the wrongful acts
7
alleged herein, and in so doing acted within the scope and course of their agency
8
with every other defendant named herein and each of them authorized, directed,
9
accepted, ratified, and approved of such actions.
10
JURISDICTION AND VENUE
11
6. This Court has subject matter jurisdiction over the claims in this action that
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relate to trademark infringement, false advertising, false designation of origin,
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patent infringement, copyright infringement, and unfair competition pursuant to 28
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U.S.C. 1331 and 1338, as this is an action arising under the laws of the United
15
States. This Court has subject matter jurisdiction over the state law claims
16
pursuant to 28 U.S.C. 1367, as those claims are so related to Plaintiffs federal
17
claims that they form part of the same case or controversy as the federal claims
18
herein.
19
7. Venue is proper in this district pursuant to 28 U.S.C 1391(b)(1), as
20
Defendants reside in the Central District of California (as specified in 28 U.S.C.
21
1391(c)), and 28 U.S.C. 1391(b)(2), because a substantial part of the events that
22
give rise to this action occurred in this judicial district.
23
8. This Court has personal jurisdiction over Defendants because, among other
24
things, Defendants are doing business in the State of California and their principal
25
places of business are in this judicial district. Indeed, Defendants purposefully
26
direct and conduct business in California and the acts of infringement complained
27
of in this action took place in the State of California.
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FACTS IN SUPPORT OF PLAINTIFFS CLAIMS
2
9. Artis LLC, is an originator, and pioneer in the beauty tool category. Artis is
3
dedicated to the design, development, manufacturing and marketing of innovative,
4
proprietary lines of makeup and skincare brushes and other ancillary products.
5
Artis tools, have and will continue to enhance the application of cosmetic and
6
skincare products, through inventing new orientations, methods, materials and
7
designs. Artis aspires to define a global standard for efficient, ethical, hygienic
8
and aesthetically beautiful makeup and skincare brushes, beauty products, services,
9
and information. Artis brush collections have enjoyed substantial and noteworthy
10
success, and are currently being sold in both brick-and-mortar stores and online
11
retailers such as Neiman Marcus, Bergdorf Goodman, Dillards, and Net-A-Porter,
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among others.
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10. Artis cosmetic brush designs have received numerous accolades over the
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years including being referred to as the Rolls-Royce of makeup brushes, and
15
have received unsolicited media attention including in such publications as Forbes,
16
Vogue, Cosmopolitan, Elle, Essence, and Harpers Bazaar.
17
11. Defendants are well aware of Artis, including, upon information and belief,
18
its various brands, products, and packaging. In February 2016, Defendant Lilly
19
Ghalichi contacted Artis about a potential collaboration with Artis. While the
20
parties did not ultimately enter into a business venture, Defendants knew about
21
Artis, its brands, products, and packaging no later than 2016.
22
12. Artis Elite and Fluenta Collections are protected by various intellectual
23
property rights owned by Artis.
24
13. Artis Elite and Fluenta Collections are the subjects of U.S. Patent Nos.
25
D699,041 (041 Patent) and D756,661 (661 Patent) (collectively the Artis
26
Design Patents). True and correct copies of the Artis Design Patents are attached
27
hereto and incorporated herein as Exhibit A (041) and Exhibit B (661).
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14. The Defendants brushes bear a substantial degree of similarity to the Artis
2
Design Patents such that an ordinary observer would be deceived by the
3
resemblance of the Plaintiffs and Defendants brush designs. Below is a
4
comparison of Plaintiffs brush design from FIG. 4 of its 661 Patent and
5
Defendants brushes from its ELITE OVAL BRUSH SET:
6
Plaintiffs Design (FIG 4, 661 Patent) Defendants Brushes
7
8
9
10
11
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VENABLE LLP
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15 Design Patents such that an ordinary observer would be deceived by the
16 resemblance of the Plaintiffs and Defendants brush designs. Below is a
17 comparison of Plaintiffs brush design from FIG. 3 of its 041 Patent and
18 Defendants brushes from its OVAL MAKEUP BRUSH SET:
19 Plaintiffs Design (FIG 3, 041 Patent) Defendants Brushes
20
21
22
23
24
25
26
27
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Case 2:17-cv-01708 Document 1 Filed 03/02/17 Page 6 of 19 Page ID #:6

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16. Artis is the owner of Trademark Registration No. 3,857,996 for the Artis
2
trademark ARTIS. Trademark Registration No. 3,857,996 was registered with the
3
United States Patent & Trademark Office (USPTO) on October 5, 2010 for
4
cosmetic brushes. A true and correct copy of the certificate of registration of
5
Trademark Registration No. 3,857,996 is attached hereto as Exhibit C.
6
17. Artis is the owner of Trademark Registration No. 3,978,827 for the Artis
7
trademark COSMEFIBRE. Trademark Registration No. 3,978,827 was registered
8
with the United States Patent & Trademark Office (USPTO) on June 14, 2011
9
for cosmetic brushes and tools, namely, combs, hair brushes, and nail brushes. A
10
true and correct copy of the certificate of registration of Trademark Registration
11
No. 3,978,827 is attached hereto as Exhibit D.
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18. Artis has marketed and sold its premium brush sets in connection with the
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ARTIS and COSMEFIBRE trademarks (the Artis Marks).
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19. Over the years, Artis has invested a substantial amount of time, money, and
15
other resources in establishing the Artis Marks in the minds of consumers as a
16
source of high quality cosmetic brushes. As a result of Artis substantial use and
17
promotion of the Artis Marks in connection with the brush sets, the Artis Marks
18
have acquired great value as a specific identifier of Artis products and serve to
19
distinguish Artis products from those of others. Customers in this Judicial District
20
and elsewhere readily recognize the Artis Marks as distinctive designations of
21
origin of Artis products. The Artis Marks are of great value as a symbol of Artis
22
quality products and goodwill.
23
20. Without permission or consent from Artis, Defendants are using the Artis
24
Marks to offer for sale, distribute, market, and/or sell cosmetic brushes.
25
Specifically, Defendants packaging uses the Artis Marks and language directly
26
from Artis marketing materials and states, Artis brushes are made exclusively
27
with CosmeFibre, a revolutionary engineered fibre made for applying cosmetic
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and makeup products (emphasis added). This sentence is prominently displayed
2
throughout Artis marketing and was copied by Defendants with, upon information
3
and belief, the intent to mislead consumers into believing there was an affiliation
4
between Defendants products and Artis. See Exhibit E.
5
21. The use of the Artis Marks was brought to Artis attention by a consumer
6
who thought Defendants infringing brushes were affiliated or related to Artis
7
iconic cosmetic brushes. See Exhibit F.
8
22. Defendants makeup brushes are being sold under the names ELITE OVAL
9
BRUSH SET and the OVAL MAKEUP BRUSH SET.
10
23. Defendants did not begin using the infringing marks or infringing designs in
11
connection with cosmetic brushes until long after Artis began using the Artis
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Marks and after the issuance of the Artis Design Patents.
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24. Artis is informed and believes, and on that basis alleges, that Defendants
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unauthorized use of the infringing marks is intended to trade upon the goodwill and
15
substantial recognition associated with Artis and the Artis Marks.
16
25. Defendants have not only misappropriated Artis unique designs, but also
17
refer to Defendants product as Elite, the same name that Artis uses for its
18
products.
19
26. Artis is informed and believes, and on that basis alleges, that Defendants are
20
using the infringing marks in an attempt to associate their brushes with Artis and
21
the Artis Marks, to cause mistake or deception as to the source of Defendants
22
cosmetic brushes and/or to otherwise trade upon Artis valuable reputation and
23
customer goodwill in its marks.
24
27. By virtue of the acts complained of herein, Defendants have created a
25
likelihood of injury to Artis and its business reputation, caused a strong likelihood
26
of consumer confusion, mistake, and deception as to the source of or origin or
27
relationship of Artis and Defendants goods, have caused actual confusion, and
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have otherwise competed unfairly with Artis by unlawfully trading on and using
2
the Artis Marks without Artis permission or consent.
3
28. Defendant Lilly Ghalichi advertised infringing brushes on her personal
4
Facebook page (www.facebook.com/pg/OfficialLillyGhalichi), which has over 3.2
5
million followers and, upon information and belief, on her personal Instagram
6
account (www.instagram.com/lillyghalichi), which has 2.5 million followers. See
7
Exhibit G. Defendants also advertised infringing brushes via their Instagram
8
account (www.instagram.com/lillylashes), which has over 606,000 followers. See
9
Exhibit H.
10
29. At no time has Artis ever given Defendants license, permission or authority
11
to use or display Artis Marks in connection with any of Defendants cosmetic
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brushes.
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30. Artis is informed and believes, and on that basis alleges, that Defendants
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acts complained of herein are willful and deliberate.
15
31. Artis counsel contacted Defendants on December 7, 2016, demanding that
16
Defendants cease and desist their unlawful activity. Defendants responded on
17
January 26, 2017, stating that they removed the unauthorized uses from the Lilly
18
Lashes website (https://lillylashes.com/collections/shop-all).
19
32. Artis contacted Defendants again on February 15, 2017, informing
20
Defendants that they were using the Artis Marks in an unauthorized manner and
21
were continuing to sell the infringing brushes through third party outlets. See
22
Exhibit I.
23
33. Despite Defendants representation on January 26th, they are still engaged in
24
unauthorized use of the Artis Marks.
25
34. Defendants acts complained of herein have caused Artis to suffer
26
irreparable injury to its business. Artis will suffer substantial loss of goodwill and
27
reputation unless and until Defendants are preliminarily and permanently enjoined
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from their wrongful actions complained of herein.
2
3
FIRST CLAIM FOR RELIEF
4
(Federal Trademark Infringement of the ARTIS and COSMEFIBRE
5
Trademarks, 15 U.S.C. 1114)
6
35. Artis hereby incorporates by reference as though fully set forth herein
7
paragraphs 1 through 34, inclusive.
8
36. Artis owns the valid and protectable federal trademark registrations, ARTIS
9
(Registration No. 3,857,996), for cosmetic brushes, and COSMEFIBRE
10
(Registration No. 3,978,827), for cosmetic brushes and tools.
11
37. The Artis Marks are inherently distinctive. Both marks have acquired
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secondary meaning as described above.
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38. Upon information and belief, Defendants exercised joint control over, and
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have acted in concert and participated in, the decision to use the Artis Marks to
15
identify their brushes, and have induced, cooperated, lent aid, and encouraged use
16
of these Marks. Such action constitutes use of at least Artis ARTIS and
17
COSMEFIBRE Marks in connection with the advertising or sale of unauthorized
18
goods in commerce. This conduct creates a likelihood of confusion, mistake, or
19
deception as to the affiliation, connection, or association of Defendants with Artis,
20
or as to the origin, sponsorship, or approval of Defendants products by Artis.
21
Defendants conduct is likely to induce consumers to believe, contrary to fact, that
22
Defendants brushes are sponsored, endorsed, approved by, or connected with
23
Artis.
24
39. Defendants conduct is without Artis permission or authority. Upon
25
information and belief, by virtue of their attempted business venture with Artis,
26
Defendants had actual knowledge of Artis prior and senior rights in the Artis
27
Marks. As a result, Defendants have committed their infringement with full
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knowledge of Artis rights in the Artis Marks. Thus, Defendants have willfully,
2
deliberately, and maliciously engaged in the described acts with an intent to injure
3
Artis and to deceive the public.
4
40. Defendants use of the Artis Marks without authority from Artis, in
5
connection with and to identify their goods, is confusingly similar to the Artis
6
Marks as set forth above, and constitutes trademark infringement in violation of 15
7
U.S.C. 1114. Upon information and belief, Defendants, and each of them, have
8
profited from this infringement.
9
41. This is an exceptional case under 15 U.S.C. 1117(a).
10
42. Defendants conduct has caused damage to Artis in an amount to be
11
determined at trial, and unless restrained, will continue to seriously and irreparably
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impair further the value of the Artis Marks, for which there is no adequate remedy
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at law.
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43. In light of the foregoing, Artis is entitled to injunctive relief prohibiting
15
Defendants from using the Artis Marks, or any mark confusingly similar, for any
16
purpose, and to recover from Defendants all damages, including attorneys fees,
17
that Artis has sustained and will sustain as a result thereof, in an amount not yet
18
known, but which circumstances warrant trebling pursuant to 15 U.S.C. 1117, as
19
well as the costs of this action.
20
21
SECOND CLAIM FOR RELIEF
22
(Lanham Act False Advertising 15 U.S.C. 1125(a))
23
44. Artis hereby incorporates by reference as though fully set forth herein
24
paragraphs 1 through 43, inclusive.
25
45. Defendants conduct alleged herein constitutes false advertising under 15
26
U.S.C. 1125(a). In wanton disregard for consumers interests and Plaintiffs
27
business, Defendants have made false or misleading statements of fact on their
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packaging.
2
46. Specifically, Defendants copied the following sentence, which appears
3
prominently throughout Artis marketing materials: Artis brushes are made
4
exclusively with CosmeFibre, a revolutionary engineered fibre made for applying
5
cosmetic and makeup products. See Exhibit E.
6
47. The duplications and use of the Artis Marks caused consumers to believe
7
there was a connection between Artis and the Defendants brushes.
8
48. Artis was contacted by at least one confused consumer who believed that
9
Defendants brush sets were a product of Artis. See Exhibit F.
10
49. Defendants false and/or misleading statements deceived and had the
11
capacity to deceive a substantial segment of potential consumers as Defendants
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statements were prominently placed on their packaging.
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50. Defendants deceptions are material as they were likely to influence the
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purchasing decisions of Artis customers and potential customers.
15
51. Defendants false and misleading advertisement was published in interstate
16
commerce with nationwide circulation.
17
52. Artis has been and is likely to be injured as a result of Defendants false
18
statement, either by a direct diversion of sales from Plaintiff to Defendants or by a
19
lessening of the goodwill associated with Artis services and with Artis Marks.
20
53. As a direct and proximate result of the wrongful act of Defendants as alleged
21
above, Artis has suffered, and will continue to suffer, substantial damage to its
22
business as well as substantial and irreparable injury, including customer
23
confusion, injury to reputation, and diminution in value of its intellectual property.
24
Unless restrained, Defendants false advertising will continue to seriously and
25
irreparably impair further the value of the Artis Marks, for which there is no
26
adequate remedy at law.
27
54. Artis is entitled to damages including Defendants profits for their unlawful
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conduct, lost profits, and costs in an amount to be determined at trial, corrective
2
advertising and an injunction restraining Defendants from engaging in further such
3
unlawful conduct.
4
THIRD CLAIM FOR RELIEF
5
(Design Patent Infringement, 35 U.S.C. 271)
6
55. Artis hereby incorporates by reference as though fully set forth herein
7
paragraphs 1 through 54, inclusive.
8
56. On February 11, 2014, the U.S. Patent and Trademark Office duly and
9
legally issued the 041 Patent to inventor Matthew Waitesmith. Mr. Waitesmith
10
assigned all of his rights, title and interest to Artis.
11
57. On May 24, 2016, the U.S. Patent and Trademark Office duly and legally
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issued the 661 Patent to inventor Matthew Waitesmith. Mr. Waitesmith assigned
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all of his rights, title and interest to Artis.
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58. The D756,661 (661) and/or the D699,041 (041) Patents (collectively, the
15
Artis Design Patents), are presumed valid pursuant to 35 U.S.C. 282.
16
59. Plaintiff sells brushes that are covered by the Artis Design Patents.
17
60. Defendants, through their agents, employees, and servants, have, and
18
continue to, knowingly, intentionally, and willfully directly infringe, engage in acts
19
of contributory infringement, and/or induce the infringement of the 661 and/or the
20
041 Patents, by directly and/or indirectly making, using, selling, offering for sale,
21
and/or importing brushes having a design that is substantially similar to the Artis
22
Design Patents, including for example, Defendants ELITE OVAL BRUSH SET
23
and the OVAL MAKEUP BRUSH SET.
24
25
26
27
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2
3
4
5
6
7
8 ELITE OVAL BRUSH SET OVAL MAKEUP BRUSH SET
9
61. Defendants acts of infringement of the Artis Design Patents were
10
undertaken without permission or license from Artis. Defendants had actual and/or
11
constructive knowledge of the Artis Design Patents, and their actions constitute
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willful and intentional infringement of these Patents. Defendants infringed the
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Artis Design Patents with reckless disregard of Artis patent rights. Defendants
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knew, or it was so obvious that Defendants should have known, that their actions
15
constituted infringement of the Artis Design Patents
16
62. As a direct and proximate result of Defendants patent infringement,
17
Defendants have derived and received gains, profits, and advantages in an amount
18
that has not been confirmed.
19
63. Pursuant to 35 U.S.C. 284, Artis is entitled to damages for Defendants
20
infringing acts and treble damages together with interests and costs as fixed by this
21
Court.
22
64. Pursuant to 35 U.S.C. 289, Artis is entitled to Defendants total profits
23
from the sale of brushes that infringe Artis patent rights.
24
65. Pursuant to 35 U.S.C. 285, Artis is entitled to reasonable attorneys fees
25
for the necessity of bringing this claim.
26
66. Due to the aforesaid infringing acts, Artis has suffered great and irreparable
27
injury, for which Artis has no adequate remedy at law.
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67. Defendants will continue to directly and/or indirectly infringe Artis patent
2
rights to the great and irreparable injury of Artis, unless enjoined by this Court.
3
FOURTH CLAIM FOR RELIEF
4
(Federal False Designation of Origin and Unfair Competition, 15 U.S.C.
5
1125(a))
6
68. Artis hereby incorporates by reference as though fully set forth herein
7
paragraphs 1 through 67, inclusive.
8
69. Defendants actions as alleged herein constitute use in commerce of certain
9
false designations of origin in connection with the sale and advertising of
10
unauthorized goods. This conduct creates a likelihood of confusion, mistake, or
11
deception as to the affiliation, connection, or association of Defendants with Artis,
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or as to the origin, sponsorship, or approval of Defendants products by Artis.
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Defendants conduct is likely to induce consumers to believe, contrary to fact, that
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Defendants brushes featuring the infringing designs and trademarks are
15
sponsored, endorsed, approved by, or connected with Artis.
16
70. Defendants conduct is without Artis permission or authority. Upon
17
information and belief, Defendants had actual knowledge of Artis prior and senior
18
rights in the Artis Marks. As a result, Defendants have committed their
19
infringement with knowledge of Artis rights. Thus, Defendants have willfully,
20
deliberately, and maliciously engaged in the described acts with an intent to injure
21
Artis and to deceive the public.
22
71. Defendants use of the infringing designs and trademarks without authority
23
from Artis in connection with and to identify their goods, where the overall
24
appearance is confusingly similar to Artis Marks, constitutes false designation of
25
origin and unfair competition in violation of 15 U.S.C. 1125(a). Upon
26
information and belief, Defendants have profited from this infringement.
27
FIFTH CLAIM FOR RELIEF
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(State Unfair Competition, Cal. Bus. & Prof. Code 17200)
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72. Artis hereby incorporates by reference as though fully set forth herein
3
paragraphs 1 through 71, inclusive.
4
73. Defendants conduct alleged herein constitutes willful and deliberate unfair
5
competition in wanton disregard of Artis valuable intellectual property rights.
6
Upon information and belief, Defendants, and each of them, have profited from
7
their unfair acts.
8
74. Defendants conduct has directly and proximately caused and will continue
9
to cause Artis substantial and irreparable injury, including customer confusion,
10
injury to its reputation, and diminution in value of its intellectual property, and
11
unless restrained, will continue to seriously and irreparably impair further the value
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of the Artis Marks, for which there is no adequate remedy at law.
VENABLE LLP
LOS ANGELES, CA 900 67

13
75. In light of the foregoing, Artis is entitled to an injunction under Cal. Bus. &
310-229-9900

14
Prof. Code 17200 et seq. restraining Defendants from engaging in further such
15
unlawful conduct, as well as restitution of those amounts unlawfully obtained by
16
Defendants through their wrongful conduct.
17
18
SIXTH CLAIM FOR RELIEF
19
Copyright Infringement (17 U.S.C. 501)
20
76. Artis hereby incorporates by reference as though fully set forth herein
21
paragraphs 1 through 75, inclusive.
22
77. Plaintiff filed an application for copyright registration (No. 1-4467461251)
23
with the United States Copyright Office for the Artis photograph shown in Exhibit
24
J, and is awaiting the issuance of a registration.
25
78. Within the last three years, Plaintiff discovered that Defendants, without
26
Plaintiffs permission, consent or authority made or caused to be made a replica
27
photograph of the Artis Fluenta Collection 9 Brush Line Up Photograph
28
1 15
2 COMPLAINT
Case 2:17-cv-01708 Document 1 Filed 03/02/17 Page 16 of 19 Page ID #:16

1
(Photograph) (attached as Exhibit K); and/or publicly displayed, made available
2
for, and/or facilitated, the unauthorized public display of the Photograph.
3
79. Defendants misappropriated Plaintiffs copyright in the Photograph with
4
actual and/or constructive knowledge that the Photograph at issue did not belong to
5
Defendants; Defendants thereby willfully engaged in unauthorized use, copying,
6
distribution, and/or display of Plaintiff's copyrighted Photograph.
7
80. Defendants used the infringing replica photograph on packaging and to
8
advertise their infringing brush sets.
9
81. As a direct and proximate result of Defendants infringement, Plaintiff was
10
damaged and Plaintiff is entitled to its actual damages and Defendants profits
11
pursuant to 17 U.S.C. 504(b).
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12
82. Plaintiff is entitled to a preliminary and permanent injunction restraining
VENABLE LLP
LOS ANGELES, CA 900 67

13
Defendants from engaging in further acts of copyright infringement and causing
310-229-9900

14
irreparable damage to Plaintiff, for which there is no adequate remedy of law.
15
16
PRAYER FOR RELIEF
17
WHEREFORE, Artis requests that judgment be entered in its favor and
18
against Defendants as follows:
19
83. For an order and judgment that Defendants have infringed Artis Marks in
20
violation of Artis rights under 15 U.S.C. 1114, et seq.;
21
84. For an order and judgment that Defendants have made false and/or
22
misleading statements that violate the Lanham Act;
23
85. For an order and judgment that Defendants have willfully infringed the Artis
24
Patents under 35 U.S.C. 271;
25
86. For an order and judgment that Defendants have unfairly competed with
26
Artis in violation of Artis rights under 15 U.S.C. 1125(a), common law, and/or
27
California law;
28
1 16
2 COMPLAINT
Case 2:17-cv-01708 Document 1 Filed 03/02/17 Page 17 of 19 Page ID #:17

1
87. For an order and judgment that Defendants have infringed Plaintiffs
2
Copyright directly, indirectly, and contributorily, and acted willfully when
3
infringing Plaintiffs Copyright;
4
88. For a preliminary and permanent injunction enjoining and restraining
5
Defendants, and their agents, affiliates, employees, and all persons in active
6
concert or participation with them, from:
7
a. Producing, selling, offering for sale, distributing, advertising,
8
providing, or promoting any goods not authorized by Artis featuring the infringing
9
designs, or under any other designation that so resembles Artis brush designs as to
10
be likely to cause confusion, mistake, or deception;
11
b. Producing, selling, offering for sale, distributing, advertising,
2049 CENTURY PARK EA ST, SUITE 2300

12
providing, or promoting any goods not authorized by Artis under the ELITE
VENABLE LLP
LOS ANGELES, CA 900 67

13
OVAL BRUSH SET and OVAL MAKEUP BRUSH SET marks or under any
310-229-9900

14
other designation or mark that so resembles Artis ARTIS and COSMEFIBRE
15
Marks as to be likely to cause confusion, mistake, or deception;
16
c. Using any word, term, symbol, or any combination thereof, or
17
any false designation of origin, false or misleading description of fact, which in
18
commercial advertising or promotion misrepresents the nature, characteristics,
19
qualities, sponsorship or affiliation of Defendants goods or services; and
20
d. Directly or indirectly infringing in any manner, or causing,
21
contributing to, enabling, facilitating, and participating in the infringement of
22
Plaintiffs Copyright (whether now in existence or hereafter created);
23
89. For an order requiring Defendants to file with this Court and serve upon
24
Artis within fifteen (15) days after issuance of any injunction, a report in writing
25
under oath setting forth in detail the manner and form in which Defendants have
26
complied with the injunction;
27
90. For an order requiring Defendants to account to Artis for any and all profits
28
1 17
2 COMPLAINT
Case 2:17-cv-01708 Document 1 Filed 03/02/17 Page 18 of 19 Page ID #:18

1
derived by Defendants from the use of the infringing designs, or any designation or
2
trademark confusingly similar to Artis designs and Marks, and for all damages
3
sustained by Artis by reason of Defendants acts of infringement, false designation
4
of origin, unfair competition, and injury to business reputation complained of in
5
this Complaint, and that such amounts be held in constructive trust for Artis;
6
91. That the Court award Artis:
7
a. All profits derived by Defendants wrongful acts complained of
8
herein;
9
b. All damages sustained by reason of the wrongful acts
10
complained of herein;
11
c. Treble the amount of actual damages suffered by Artis under 15
2049 CENTURY PARK EA ST, SUITE 2300

12
U.S.C. 1117;
VENABLE LLP
LOS ANGELES, CA 900 67

13
d. Restitution for Defendants unfair business practices pursuant
310-229-9900

14
to Cal. Bus. & Prof. Code 17200 et seq.;
15
e. Damages for Defendants violation of 15 U.S.C. 1125(a) and
16
treble damages for willful violation of same;
17
f. Its costs incurred in this action;
18
g. Its reasonable attorneys fees pursuant to 15 U.S.C. 1117(a);
19
and
20
h. Pre-judgment and post-judgment interest;
21
92. Such other and further relief as this Court deems just and proper.
22
23
Dated: March 2, 2017 VENABLE LLP
24
25 By: /s/ Tamany Vinson Bentz
Tamany Vinson Bentz
26 Attorneys for Plaintiff
27 Artis LLC
28
1 18
2 COMPLAINT
Case 2:17-cv-01708 Document 1 Filed 03/02/17 Page 19 of 19 Page ID #:19

1
DEMAND FOR JURY TRIAL
2
Plaintiff Artis LLC hereby demands a trial by jury for all issues to which it is
3
so entitled.
4
5
Dated: March 2, 2017 VENABLE LLP
6
7 By: /s/ Tamany Vinson Bentz
Tamany Vinson Bentz
8 Attorneys for Plaintiff
9 Artis LLC
10
11
2049 CENTURY PARK EA ST, SUITE 2300

12
VENABLE LLP
LOS ANGELES, CA 900 67

13
310-229-9900

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1 19
2 COMPLAINT
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 1 of 51 Page ID #:20

EXHIBIT A
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 2 of 51 Page ID #:21

EXHIBIT A, Page 20
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 3 of 51 Page ID #:22

EXHIBIT A, Page 21
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 4 of 51 Page ID #:23

EXHIBIT A, Page 22
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 5 of 51 Page ID #:24

EXHIBIT A, Page 23
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 6 of 51 Page ID #:25

EXHIBIT A, Page 24
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 7 of 51 Page ID #:26

EXHIBIT B
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 8 of 51 Page ID #:27

EXHIBIT B, Page 25
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 9 of 51 Page ID #:28

EXHIBIT B, Page 26
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 10 of 51 Page ID #:29

EXHIBIT B, Page 27
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 11 of 51 Page ID #:30

EXHIBIT B, Page 28
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 12 of 51 Page ID #:31

EXHIBIT B, Page 29
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 13 of 51 Page ID #:32

EXHIBIT B, Page 30
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 14 of 51 Page ID #:33

EXHIBIT B, Page 31
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 15 of 51 Page ID #:34

EXHIBIT B, Page 32
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 16 of 51 Page ID #:35

EXHIBIT B, Page 33
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 17 of 51 Page ID #:36

EXHIBIT C
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 18 of 51 Page ID #:37

EXHIBIT C, Page 34
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 19 of 51 Page ID #:38

EXHIBIT D
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 20 of 51 Page ID #:39

EXHIBIT D, Page 35
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 21 of 51 Page ID #:40

EXHIBIT E
1/25/2017 9 Piece Pro
Case 2:17-cv-01708 Document ELITEFiled
1-1 Oval Brush Set - PlatinumPage
03/02/17 Lilly Lashes
22 of 51 Page ID #:41
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Home > Products > 9PieceProELITEOvalBrushSetPlatinum

9 PIECE PRO ELITE OVAL


BRUSH SET - PLATINUM
LowStock

$45.00 $69.99
2 Reviews

Quantity

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RevolutionaryOvalshapedGhalichiGlammakeupPRObrushesmade
withthefinestfibersforflawlessmakeupapplicationandbending.
Complete9piecebrushELITEsetinPlatinum.
ELITEPackage,ultraGLAMbrushesmadewithELITEfiberssetin
gorgeousmetal.
LimitedEdition.

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EXHIBIT E, Page 36
https://lillylashes.com/products/10-piece-pro-oval-brush-set-silver 1/3
1/25/2017 9 Piece Pro
Case 2:17-cv-01708 Document ELITEFiled
1-1 Oval Brush Set - PlatinumPage
03/02/17 Lilly Lashes
23 of 51 Page ID #:42
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Samantha R. Veri ed Buyer 01/18/17


S

Great value and product
Love these brushes and I love the way they look

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Preetinder S. Veri ed Buyer 01/18/17


P

Feedback
I loved the brush: awless result.

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10 PIECE OVAL
MAKEUP BRUSH
SET - BLACK ONYX
$39.99

1 Review

EXHIBIT E, Page 37
https://lillylashes.com/products/10-piece-pro-oval-brush-set-silver 2/3
1/25/2017 9 Piece Pro
Case 2:17-cv-01708 Document ELITEFiled
1-1 Oval Brush Set - PlatinumPage
03/02/17 Lilly Lashes
24 of 51 Page ID #:43
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SHOP AS SEEN ON

Home > Products > 9PieceProELITEOvalBrushSetPlatinum

9 PIECE PRO ELITE OVAL


BRUSH SET - PLATINUM
LowStock

$45.00 $69.99
2 Reviews

Quantity

Add to cart

RevolutionaryOvalshapedGhalichiGlammakeupPRObrushesmade
withthefinestfibersforflawlessmakeupapplicationandbending.
Complete9piecebrushELITEsetinPlatinum.
ELITEPackage,ultraGLAMbrushesmadewithELITEfiberssetin
gorgeousmetal.
LimitedEdition.

Sharethisitem: Tweet Like 0

Other top rated products

Miami Mykonos Goddess 3D Mink Sample Sale Doha


(518) (324) (121) (158) (59)
$29.99 $29.99 $19.99 $14.99 $29.99

EXHIBIT E, Page 38
https://lillylashes.com/products/10-piece-pro-oval-brush-set-silver 1/3
1/25/2017 9 Piece Pro
Case 2:17-cv-01708 Document ELITEFiled
1-1 Oval Brush Set - PlatinumPage
03/02/17 Lilly Lashes
25 of 51 Page ID #:44
Powered by
(2)
2 Reviews
(0)
WRITE A REVIEW
0 Questions \ 0 Answers (0)
(0) ASK A QUESTION
(0)

Reviews (2) Questions (0)

Samantha R. Veri ed Buyer 01/18/17


S

Great value and product
Love these brushes and I love the way they look

Share Was This Review Helpful? 0 0

Preetinder S. Veri ed Buyer 01/18/17


P

Feedback
I loved the brush: awless result.

Share Was This Review Helpful? 0 0

RELATED PRODUCTS

10 PIECE OVAL
MAKEUP BRUSH
SET - BLACK ONYX
$39.99

1 Review

EXHIBIT E, Page 39
https://lillylashes.com/products/10-piece-pro-oval-brush-set-silver 2/3
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 26 of 51 Page ID #:45

EXHIBIT F
1/25/2017 Gmail - Inquiry
Case 2:17-cv-01708 Document 1-1 about Lilly Ghalichi's
Filed 03/02/17 9 PiecePage
Oval Brush
27Setof 51 Page ID #:46

InquiryaboutLillyGhalichi's9PieceOvalBrushSet
1message

Wed,Jan25,2017at10:33PM
To:

HelloArtis,

IstumbleduponthisovalbrushsetonLillyGhalichisshop(https://lillylashes.com/products/10pieceproovalbrushset
silver)andwaswonderingifitwasincollaborationwithArtis.
BasedonthedisclaimerpicturedonthebackoftheboxwhichreadsArtisbrushesaremadeexclusivelywith
CosmeFibre,arevolutionaryengineeredfibremadeforapplyingcosmeticandmakeupproductsthepricefortheset
seemstoogoodtobetrue.
Thesetsshape,feruleandbrushnumbersalsocoincidespecificallywithyourFluentcollection.

Sincerely,

EXHIBIT F, Page 40
https://mail.google.com/mail/u/0/?ui=2&ik=31d7f2ef08&view=pt&search=inbox&th=159d8d63948b44ff&siml=159d8d63948b44ff 1/1
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 28 of 51 Page ID #:47

EXHIBIT G
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 29 of 51 Page ID #:48

EXHIBIT G, Page 41
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 30 of 51 Page ID #:49

EXHIBIT H
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 31 of 51 Page ID #:50

EXHIBIT H, Page 42
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 32 of 51 Page ID #:51

EXHIBIT H, Page 43
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 33 of 51 Page ID #:52

EXHIBIT I
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 34 of 51 Page ID #:53

EXHIBIT I, Page 44
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 35 of 51 Page ID #:54

EXHIBIT I, Page 45
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 36 of 51 Page ID #:55

EXHIBIT I, Page 46
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 37 of 51 Page ID #:56

EXHIBIT I, Page 47
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 38 of 51 Page ID #:57

EXHIBIT I, Page 48
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 39 of 51 Page ID #:58

EXHIBIT I, Page 49
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 40 of 51 Page ID #:59

EXHIBIT I, Page 50
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 41 of 51 Page ID #:60

EXHIBIT I, Page 51
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 42 of 51 Page ID #:61

EXHIBIT I, Page 52
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 43 of 51 Page ID #:62

EXHIBIT I, Page 53
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 44 of 51 Page ID #:63

EXHIBIT I, Page 54
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 45 of 51 Page ID #:64

EXHIBIT I, Page 55
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 46 of 51 Page ID #:65

EXHIBIT I, Page 56
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 47 of 51 Page ID #:66

EXHIBIT I, Page 57
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 48 of 51 Page ID #:67

EXHIBIT J
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 49 of 51 Page ID #:68

EXHIBIT J, Page 58
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 50 of 51 Page ID #:69

EXHIBIT K
Case 2:17-cv-01708 Document 1-1 Filed 03/02/17 Page 51 of 51 Page ID #:70

EXHIBIT K, Page 59

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