Brian Lichtenberg v. Alex & Chloe - Complaint

7/29/2019 Brian Lichtenberg v. Alex & Chloe - Complaint

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

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DAVID GRAZIANI, ESQ., (SBN#276009)The Law Offices of David Graziani, P C.10880 Wilshire Blvd., Suite 1101Los Angeles, CA 90024Telephone: (310) 935-4088Facsimile: (310) 935-4076RONALD D. TYM, ESQ. (SBN#195339)The TymFirm7120 Carlson Circle, #263Canoga Park, CA 91303Telephone: (818) 836-1428Facsimile: (818) 337-2026

FILED

r ; ; : ~ ~ R ~ : ~ JCENTRA/. [}!STRICT OF CALIFORNiAV DEWY

Attorneys for Plaintiffs, Brian Lichtenberg, LLC andBrian Lichtenberg UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF A L I F O R N I A

B R ~ A N ~ I c ; H ! E N ~ E ~ . G , LLC, a Case No. l lv 3 - 0683 ~ b ( ' J fCahforma hm1ted hab1hty company; and ( n "\BRIAN LICHTENBERG, an individual, COMPLAINT FOR: p AJ )1. UNREGISTERED TRADEMARK

INFRINGEMENT, TRADE DRESSINFRINGEMENT, AND FALSEDESIGNATION OF ORIGIN UNDERSECTION 43(a) OF THE LANHAMACT, 15 U.S.C. 1125(a), ANDTRADEMARK DILUTION UNDERSECTION 43(c) OF THE LANHAMACT, 15 U.S.C. 1125(c);

Plaintiffs,vs.ALEX & CHLOE, INC., a Californiacorporation; CHRISTOPHER WALTERLICHTENBERG, an individual;MARKED SHOWROOM, LLC, aCalifornia limited liability company;JACQUELINE YI, an individual; TUTRAN, an individual; KYLE MOCKETT,an individual; KA YTEE ENRIGHT, anindividual,

Defendants.

2. VIOLATION OF CALIFORNIAUNIFORM TRADE SECRETS ACT,CAL. CIV. CODE 3426 ET SEQ.;3. VIOLATION OF CALIFORNIAUNFAIR COMPETITION ACT, CAL.BUS. & PROF. C. 17200,ET. SEQ.;4. INTENTIONAL INTERFERENCEWITH PROSPECTIVE ECONOMICRELATIONS;


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Plaintiffs BRIAN LICHTENBERG, LLC and BRIAN LICHTENBERG (hereinafter"Plaintiffs"), by their attorneys, as and for their complaint against Defendants ALEX & CHLOE,INC., a California corporation; CHRISTOPHER WALTER LICHTENBERG; MARKEDSHOWROOM, LLC, a California limited liability company; JACQUELINE YI, an individual; TUTRAN, an individual; KYLE MOCKETT, an individual; KAYTEE ENRIGHT, an individual,allege as follows:

I. PARTIES1. Plaintiff BRIAN LICHTENBERG, LLC is, and at all times mentioned herein was, a

California limited liability company with its principal place of business located in the City of LosAngeles, Los Angeles County, California. Brian Lichtenberg, LLC is referred to herein as "BRIANLICHTENBERG, LLC."

2. Plaintiff BRIAN LICHTENBERG is an individual residing in the city of LosAngeles, Los Angeles County, California. Brian Lichtenberg is referred to herein as "BRIANLICHTENBERG."

3. Defendant ALEX & CHLOE, INC., is, and at all times mentioned herein was, aCalifornia corporation having its principal place of business in the County of Los Angeles,California. Alex & Chloe, Inc. is referred to herein as "A&C."

4. Defendant CHRISTOPHER W. LICHTENBERG is an individual residing in the city20 of Long Beach, Los Angeles County, California. Christopher W. Lichtenberg is referred to herein21 as "CWL." On information and belief, CWL is a shareholder or the sole shareholder, and/or22 president, director, officer and/or principal of A&C.23

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5. Defendant MARKED SHOWROOM, LLC is a California limited liability company,and on information and belief its principal place of business is located in the City of Los Angeles,


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the sole shareholder, and/or president, director, officer and/or principal, or employee of MARKED.7. On information and belief, Defendant TU TRAN is an individual living, residing

and/or working in the City of Los Angeles, Los Angeles County, California. TU TRAN is referredto herein as "TRAN ." On information and belief TRAN is a shareholder or the sole shareholder,and/or president, director, officer and/or principal, or employee of MARKED.

8. On information and belief, Defendant KYLE MOCKETT is an individual living,residing and/or working in the City of Los Angeles, Los Angeles County, California. KYLEMOCKETT is referred to herein as "MOCKETT." On information and belief MOCKETT is anagent or employee of A&C and/or CWL.

9. On information and belief, Defendant KA YTEE ENRIGHT is an individual living,residing and/or working in the City of Los Angeles, Los Angeles County, California. KA YTEEENRIGHT is referred to herein as "ENRIGHT." On information and belief ENRIGHT is an agentor employee of A&C and/or CWL.

10. A&C., CWL, MARKED, YI, TRAN, MOCKETT AND ENRIGHT are sometimesreferred to herein, collectively, as the "Defendants".

11. A&C, CWL, ENRIGHT and MOCKETT are sometimes referred to herein,18 collectively, as the "A&C Defendants."19 12. MARKED, YI and TRAN are sometimes referred to herein, collectively, as the2 o "MARKED Defendants."21 II. JURISDICTION AND VENUE22 13. This Court has original subject matter jurisdiction over the federal law claims23 (TRADEMARK INFRINGEMENT, TRADE DRESS INFRINGEMENT, and FALSE24 DESCRIPTION/DESIGNATION AND TRADEMARK DILUTION) pursuant to 28 U.S.C. 1331


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personal jurisdiction over the Defendants who are individuals because they are residents of the Stateof California.

15. Venue is proper in this district under 28 U.S .C. 1391 (a), in that all of theDefendants are subject to personal jurisdiction in this district at the time of commencement of thisaction, and under 28 U.S .C. 1391 (b) and (c) because a substantial part of the events or omissionsgiving rise to the claims occurred in this district, a substantial part of the property that is the subjectof this action is situated in this district, the entity Defendants maintain their principal place ofbusiness in this district, and the Defendants who are individuals reside in this district.

III. NATURE OF THE ACTION16. Consumers instantly recognize the various trademarks used to identify the items

merchandised or manufactured by or under licenses from Plaintiffs BRIAN LICHTENBERG andBRIAN LICHTENBERG, LLC. For many years, these famous, arbitrary, and fanciful Plaintiffs'Trademarks, Products and Designs (as defined herein) have received enormous exposure in themarketplace. Over the years, millions of consumers have been exposed to Plaintiffs' Trademarks,Products and Designs through extensive advertising campaigns, in mainstream and fashionmagazines and other periodicals, as depicted on television and in motion pictures, on the Internet,and in other forms of unsolicited media coverage. As a result, Plaintiffs' Trademarks, Products andDesigns are widely-recognized in the United States and abroad, as well as among the most popularwith consumers, which adds enormous value to the authentic products that bear the Plaintiffs'Trademarks, Products and Designs. Defendants, who have no affiliation with the Plaintiffs, haveattempted to capitalize on the popularity of the Plaintiffs' Trademarks, Products and Designs. Theymanufacture and market counterfeit versions of Plaintiffs' Trademarks, Products and Designs in aneffort to confuse consumers into believing that Defendants products are genuine versions of


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associated with the Plaintiffs, but also expressly identify the counterfeit products as "Ballin Paris"products. Defendants have manufactured and sold their Imitation Products and counterfeit productswithout the permission, authorization, or approval of the Plaintiffs. Defendants' wrongful use ofthe name "Ballin" and "Ballin Paris" is likely to cause confusion, or to cause mistake, or to deceivethe public into thinking that Defendants' products using such names are BRIAN LICHTENBERGDesigner Parodies or BRIAN LICHTENBERG, LLC Products, or that such products are sponsoredby or have been approved by BRIAN LICHTENBERG or BL, LLC.

17. For these and other reasons, Defendants have caused, and unless enjoined, willcontinue to cause, Plaintiffs irreparable harm and an incalculable loss of goodwill and damages.

IV. FACTUAL BACKGROUND COMMON TO ALL COUNTS18. Plaintiff BRIAN LICHTENBERG, LLC ("BL, LLC") is in the business of

designing, marketing, advertising, promoting and selling items of fashion apparel, merchandise andaccessories (hereinafter referred to, collectively, as "BRIAN LICHTENBERG, LLC Products").

19. BRIAN LICHTENBERG Products include, but are not limited to, sweatshirts, t-shirts and knit beanie caps. Since 2010, Plaintiff BL, LLC has been selling various BRIANLICHTENBERG Products on its website, located at http://www.brianlichtenberg.com ("BL, LLCWebsite"). The BL, LLC Website has an extensive online presence, generating thousands ofunique visitors a month. Customers from all over the world purchase BRIAN LICHTENBERG,LLC Products on the BL, LLC website.

20. Plaintiff BL, LLC's customer/vendor/buyer lists are not public knowledge, but are a22 compilation of company names, specific contacts, phone numbers (including private numbers),23 private email addresses, and important notes on such contacts.24 21. From 2010 through the present, Reda Bouaissa ("Bouaissa") has, and continues to


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1 vendors/customers/buyers from all over the world.2 22. BRIAN LICHTENBERG is a designer of fashion apparel, merchandise and3 accessories (hereinafter referred to, collectively, as "BRIAN LICHTENBERG Designs"). BRIAN4 LICHTENBERG, LLC Products feature BRIAN LICHTENBERG Designs, which make up the5 BRIAN LICHTENBERG Trademark ("BRIAN LICHTENBERG MARKS").6

23. A&C is in the business of designing, marketing and selling items of jewelry, fashion7 apparel and accessories (hereinafter referred to, collectively, as "A&C Products").8 24. CWL is a designer of jewelry, fashion apparel and accessories (hereinafter referred9 to, collectively as "CWL Designs"). A&C Products feature CWL Designs.10

25.11 A&C owns and operates www.alexandchloe.corn, it's official company website12 ("A&C's Website").13 26. A&C owns and operates an www Instagrarn .corn account located at14 http://instagrarn.com/alexandchloe.15 27. A&C owns and operates an www .Facebook.corn account located at16 https :/ www .face book .corn/TheAlexAndChloe.17 28. A&C has in the past and continues to control and maintain accounts on various18 social media websites including, but not limited to, Twitter.corn, Instagram.com and Facebook.com.19 29. On information and belief, one such account A&C owns and operates on2 o www Instagrarn.corn is located at http://instagrarn.com/alexandchloe.21 30. On information and belief, one such account A&C owns and operates on22 www.Facebook.corn is located at https://www.facebook.com/TheAlexAndChloe.23 31. On information and belief, one such account A&C owns and operates on24 www.Twitter.corn is located at https://twitter.corn/ALEX_AND_CHLOE.


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have contributed to CWL's actions which have given rise to the causes of action set forth in thisComplaint.

34. CWL has and continues to get professional medical treatment for his struggles withalcoholism, depression and various other psychological disorders.

35. Since January 2013, the Defendants have employed a highly destructive campaign toviciously malign BRIAN LICHTENBERG and tortiously and maliciously interfere with Plaintiffs'business. While Defendants may profit from this malicious crusade, it will likely backfire such thatall parties lose in a manner that is irreparable due to the small fashion world in which the partiesoperate.

36. By way of background, Plaintiff BRIAN LICHTENBERG began designing fashionapparel in 2000. Within one month of officially working as a fashion designer, Gwen Stefani'sstylist purchased several of BRIAN LICHTENBERG'S fashion apparel creations for the worldfamous musician and pop star for her world concert tour and television appearances including LateNight With David Letterman. This was the moment in which BRIAN LICHTENBERG launchedhis career as a fashion designer, putting him on the preverbal "map" in the fashion industry. Since2000, celebrities and pop stars such as Miley Cyrus, Kim Kardashian, Lady Gaga, Ciara, JenniferLopez, Kanye West, and Shakira have worn BRIAN LICHTENCBERG Designs and BRIANLICHTENBERG, LLC Products. Throughout Plaintiff BRIAN LICHTENBERG's career, he hashad numerous prestigious newspaper and magazine articles (online and in print) written about him,his company (BL, LLC) and about BRIAN LICHTENBERG Designs and BRIANLICHTENBERG, LLC Products.

37. CWL is very experienced in technology and has provided BRIAN LICHTENBERG,LLC with various technology support services, such as website design and has assisted BRIAN


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professionally draw and sketch using a pencils and markers.39. Currently, and for approximately the past five (5) years, BRIAN LICHTENBERG

Designs have included what are referred to as "designer parodies" (hereinafter, "BRIANLICHTENBERG Designer Parodies").

40. BRIAN LICHTENBERG's Designer Parodies have been very successful. BRIANLICHTENBERG Designer Parodies are worn by celebrities and often featured in the media.

41. BRIAN LICHTENBERG's Designer Parodies have included:"Homies" a parody of Hermes"Feline" a parody of Celine"Canine" a parody of Celine"Bucci" a parody of Gucci

Attached hereto as Exhibit "A" and made a part hereof by this reference are examples of the abovereferenced BRIAN LICHTENBERG Designer Parodies, together with the original designer logo foreach parody.

42. Each of BRIAN LICHTENBERG Designer Parodies mimics the font of the logobeing parodied and other aspects of the original designer logo, and places the logo on uniquelydesigned T -Shirts, muscle T -shirts, sweatshirts and beanie caps. Each of the T -Shirts, sweatshirtsand beanie caps, are recognizable by the public as being BRIAN LICHTENBERG DesignerParodies because of the unique stitching of the fabrics, the size and placement of the parody labels,the color schemes on the BRIAN LICHTENBERG Designer Parodies, the fabric and garmentchoices and the materials and font style used for the labels. BRIAN LICHTENBERG, LLC'ssweatshirts and t-shirts use very specific stitching, fabrics and labels, which are not generally usedby sweatshirt and t-shirt designers and vendors. BRIAN LICHTENBERG makes all final decisions


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then somehow combines the two to create an original version. Plaintiff BRIAN LICHTENBERGcalled this "spoofing" creative process, "Bri-fying" an established brand or product. For example,on or about 2004, one of BRIAN LICHTENBERG'S email accounts was "[email protected],"an obvious funny and light-hearted reference to the well-established brand, "Balenciaga."Furthermore, "Bri-fying" was the creative methodology Plaintiff BRIAN LICHTENBERG used tocreate the well-known "BRIAN GULAR" jewelry line, the "BRIANEL" clothing line brand in 2007,the "BRI-N" clothing line brand in 2008 and the "BUCCI" clothing line brand in 2010. Because ofthe incorporation of his name with the spoofed name, there is no confusion among consumers thatthey are buying a spoofed product and not the product of the company or designer being spoofed.

44. On or about January 29, 2012, Plaintiff BRIAN LICHTENBERG exchanged emailswith Kanye West, the world famous musician and pop icon, in which the word, "BALLIN" wasdiscussed. This exchange with Mr. West, one the world's most creative and cutting edgeindividuals, served to only further strengthen Plaintiffs' notion that the phrase "Ballin" would havecreative and commercial appeal.

45. On or about January 30, 2013, Plaintiff BRIAN LICHTENBERG came up with theoriginal idea to create a parody of the logo for the designer Balmain. BRIAN LICHTENBERG'sidea was to replace the name "Balmain" with the slang phrase "Ballin" or "Ballin Paris." BRIANLICHTENBERG was further inspired to create this original parody because BRIANLICHTENBERG is an admirer of the Balmain line of couture clothing, owning many pieces fromthat line. That same day, Plaintiff BRIAN LICHTENBERG showed Bouaissa, BL, LLC's salesagent, a hard copy of the final draft version of the "Ballin Paris" design, which BRIANLICHTENBERG had sketched in one of his day planner notebooks. A true and correct copy ofBrian Lichtenberg's original Ballin design sketched in his day planner notebook is attached hereto


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LICHTENBERG, including BRIAN LICHTENBERG's idea for the parody of "Balmain" using theslang phrase "Ballin" and "Ballin Paris".

47. In 2010, because BRIAN LICHTENBERG felt sorry for his younger brother'sfailing business (A&C), Plaintiff BRIAN LICHTENBERG arranged for Bouaissa, the sales agentfor BL, LLC, to make various good faith attempts to sell A&C's merchandise, apparel and jewelry.A&C was still not a successful venture. By the end of 2011, CWL was no longer makingmerchandise and apparel of any kind and decided to turn his attention to selling other fashiondesigner's products and merchandise on the A&C website instead of creating his own A&C line ofproducts. The attempts by Bouaissa, sales agent for BL, LLC, to sell A&C merchandise continueduntil early 2013.

48. During those same years, BRIAN LICHTENBERG arranged for various BRIANLICHTENBERG, LLC Products to be listed by consignment for sale on A&C's Website as a favorto his brother CWL. A&C had an oral agreement with BL, LLC to pay BL, LLC a portion of thesale proceeds of each BRIAN LICHTENBERG, LLC Product sold on the A&C Website.

49. A&C breached the agreement in that A&C sold the BRIAN LICHTENBERG, LLC17 Products listed on its website but did not pay BL, LLC for the BRIAN LICHTENBERG, LLC18 Products sold. BL, LLC did not press to receive the payments due because BRIAN19 LICHTENBERG was trying to help his brother's business become successful.20 50. During this time, while BRIAN LICHTENBERG'S career was taking off, CWL's21 was not. CWL was struggling both personally and professionally. CWL began seeking22 professional psychiatric assistance to battle his numerous demons. CWL's drinking was spiraling2 3 out of control to the point that he created an alter ego known simply as "Stacey", that would come24 out from time to time when he had too much to drink. A&C was no longer making products.


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I'm not doing good financially so I feel like I might need to remove your pieces from the onlineshop cuz I can't pay you anything right now and I don 't want to keep racking up orders .. . I feel badI just am doing really bad money-wise right now ... " Attached hereto as Exhibit "C " and made apart hereof by this reference is a copy of the June 20, 2012 email exchange between CWL andPlaintiff BRIAN LICHTENBERG.

52. CWL's desperation for money caused him to set out to steal the "Ballin" parodydesign from Plaintiff BRIAN LICHTENBERG as well as create various "knock-off' merchandiseand apparel that look and feel identical to that of Plaintiff BRIAN LICHTENBERG's Products andDesigns.

53. In November 2012, CWL, as a part-time contractor for BL, LLC, worked withBRIAN LICHTENBERG on Plaintiff BL, LLC's "Ballin with My Homies" project, which turnedout to be a huge success. CWL assisted with his usual graphic design duties as well as creating amailing list and assisting BRIAN LICHTENBERG with sending out to Plaintiff BL, LLC'sconfidential customers and distributors from his personal computer, marketing and promotionalflyers featuring a picture of BRIAN LICHTENBERG holding a basketball while wearing a Homiessweatshirt with the caption above the picture stating, "BALLIN WITH MY HOMIES".

54. At all times, Bouaissa, sales agent for BL, LLC, and Plaintiff BRIAN19 LICHTENBERG made it very clear to CWL that CWL was not to use the customer lists and2 o confidential contacts for his or anyone else's use.21 55. On January 31,2013, BL, LLC paid CWL the amount of $2,400 dollars for services22 rendered related to CWL's employment with BL, LLC.23

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56. In the course and scope of CWL's employment with BL, LLC, BRIANLICHTENBERG provided CWL with a sketch of the design concept for "Ballin" and at BRIAN


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original idea and concept.58.59.

BL, LLC is the sole owner of the "Ballin" designer parody design.Prior to early 2013, the time frame when A&C and/or CWL converted and stole the

"Ballin" parody design and other valuable trade secrets from Plaintiff BRIAN LICHTENBERG andBL, LLC, CWL Designs and A&C Products never included designer parodies. Prior to early 2013,A&C Products and CWL Designs included the following:

"Nice Hair""Paws""Redrum""Lez is More""Killafornia"

Attached hereto as Exhibit "D" and made a part hereof by this reference are examples of the abovereferenced CWL Designs.

60. BRIAN LICHTENBERG is not the only designer making and marketing designerparodies. Other designer parodies, by designers other than BRIAN LICHTENBERG include:

"Giraunchy" a parody of Givaunchy"Ballinciago" a parody of Balenciaga"Comme des Fuckdown a parody of Commes des Gan;ons

61. While working for BL, LLC, CWL copied for his own use and that of his company,A&C, BRIAN LICHTENBERG's design for "Ballin" and "Ballin Paris." CWL also copied thecharacteristics of BRIAN LICHTENBERG Designer Parodies that are recognizable by the public asemblematic of BRIAN LICHTENBERG Designs (i.e. the unique stitching, placement of the labels,and fabric described in Paragraph 42 hereof). CWL then proceeded to use such purloined

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to be sick and not able to finish his assignments when in fact he was stealing BRIANLICHTENBERG's designs the entire time he was employed by BL, LLC. It was CWL who wascharged with the responsibility to take BRIAN LICHTENBERG's designs and turn them frompencil sketches (as it is BRIAN LICHTENBERG's method to first pencil sketch his designs on apiece of paper and then turn them over to a computer expert to simply make a computerized copy ofsuch pencil designs) into vectorized and fully rendered computerized designs in accordance withfashion industry standards.

63. CWL has represented to various people and companies in the fashion industry thathis counterfeit "Ballin" design was his original design despite the fact that the "Ballin" design andconcept is the original design of BRIAN LICHTENBERG and the property of BL, LLC.

64. Without the permission of Plaintiffs, CWL copied Plaintiffs' confidential customerlists, which lists had the names and contact information of retail outlet customers who regularlypurchased Plaintiffs' products. Each of Plaintiffs has been a successful in the fashion industry formany years and during the course of those years has built up a valuable list of contacts. None of thePlaintiffs would share their customer lists with a competitor.

65. On information and belief, CWL wrongfully copied the customer lists with the intent18 to use those names and contact information to compete against Plaintiffs and did, in fact, use such19 customer lists to sell the purloined "Ballin Paris" products.20 66. Without the permission of the Plaintiffs, CWL contacted Flair Xu, the manufacturer21 of BL, LLC's sweatshirts, t-shirts and beanie caps and all previous BRIAN LICHTENBERG22 Designer Parodies.2324

67. As previously described in Paragraph 42 hereof, BL, LLC's sweatshirts and t-shirtsuse very specific stitching, placement of labels, and fabrics which are not generally used by

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commonly used in the industry and if a competitor wanted to compete directly with BL, LLC thatcompetitor would have to expend a great deal of time and money in order to re-create the samesweatshirts and t-shirts.

68. Without permission of the Plaintiffs, CWL contacted Flair XU, BL, LLC'smanufacturer and told that manufacturer that CWL wanted to have products manufactured thatwould look exactly like BL, LLC's Products. Without knowing that CWL was acting without thepermission of Plaintiffs, BL, LLC's manufacturer did manufacture products for CWL that lookvirtually identical to BL, LLC Products. CWL created imitations of BL, LLC Products and BRIANLICHTENBERG Designer Parodies, specifically the Ballin design (hereinafter referred to as the"Ballin Imitation"), without the consent or authorization of Plaintiffs.

69. On or about late January/early February 2013, CWL listed the Ballin Imitation forsale on A&C's website and/or affiliated A&C websites, and began selling it.

70. On or about late January/early February 2013, Bouaissa, BL, LLC's and A&C'ssales agent at that time period, terminated his relationship with A&C due to CWL's sales of theBallin Imitation.

71. In late 2012 and throughout 2013, CWL and/or A&C contacted various retail18 vendors/buyers/customer, including vendors/buyers/customer that CWL found among Plaintiffs'19 customer lists, and offered the Ballin Imitation to them for retail sale. On information and belief,2 o various retail vendors accepted the Ballin Imitation for sale in their stores and/or on their websites.21 72. Defendant CWL and/or A&C knew that Plaintiff BRIAN LICHTENBERG had2 2 ongoing business relationships and contracts with the following companies and Defendant CWL2 3 and/or A&C intentionally interfered with those relationships from January 1, 2013 until the present:24 A) Kitson Clothing

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F)G)

Sway BoutiqueAddison + Crescent

H) Flip Munich (German distribution company)I) Grey AntJ) Benjamin Grenard

73. For example, on or about May 18,2013, 1:59:18 p.m. PDT, Sarah Colette, receivedan email from Defendant CWL with the Subject: "Fwd: Ballin Paris Counterfeit Merchandise", that

9 I tated the following:101112131415161718192021222324

"Hi Sarah,My name is Christopher Lichtenberg - I am the owner and soledesigner of Alex & Chloe. I noticed that Colette has recentlystarted carrying counterfeit "Ballin Paris" merchandise made byBrian Lichtenberg. The Ballin Paris design and apparel is MYORIGINAL design for my company, Alex & Chloe. I am theyounger brother of Brian. Brian and his assistant, Reda Bouiassa,are attempting to steal this design from me and my company. I donot normally let people know that I am the owner and designer ofAlex & Chloe because I highly regard privacy and anonymity.I am writing to ask you to please remove and stop selling thecounterfeit Ballin Paris pieces made by Brian Lichtenberg atColette and on Colette' s eshop immediately. I have worked withColette for years - I even recently sent you a gift of MYORIGINAL Ballin Paris sweatshirt in a recent order that I had sentto Colette and you thanked me for it. I am writing to youpersonally regarding this situation without having to get myattorney involved because I have had a really nice relationship withColette over the years however I need to do whatever possible toprotect my original design and my brand.Please advise on this matter asap.Sincerely,Christopher Lichtenberg



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75. Plaintiffs BRIAN LICHTENBERG and BL, LLC had an ongoing, existing contractwith Revolve Clothing in which Revolve Clothing was a distributor for BL, LLC merchandise andapparel. Defendant CWL and A&C knew how to contact Revolve Clothing based upon CWL'saccess to the customers lists of BRIAN LICHTENBERG and BL, LLC, and Defendants CWL andA&C knew about the existing contract based upon CWL's prior employment by BL, LLC.Defendants CWL and/or A&C contacted Revolve with the intention to disrupt and/or terminate theon going and existing contract between Plaintiff BL, LLC and Revolve Clothing in or about April2013. These communications have damaged the reputation of BL, LLC and BRIANLICHTENBERG.

76. On or about February 25, 2013, counsel for Plaintiffs BRIAN LICHTENBERG andBL, LLC sent A&C and/or CWL a Cease and Desist Letter ("BL February 2013 C&D Letter")which asserted Plaintiffs' legal rights in Ballin, documented A&C and/or CWL's intent to damageand interfere with an ongoing vendor/buyer/customer of Plaintiffs BRIAN LICHTENBERG andBL, LLC and demanded A&C and/or CWL to immediately cease and desist from contactingPlaintiffs vendors/buyers/customers and to STOP selling the A&C Ballin Imitation products.Attached hereto as Exhibit "E" and made a part hereof by this reference is the February 25, 2013Cease and Desist Letter from Plaintiffs' counsel to A&C and CWL regarding the Ballin Imitationproducts A&C was selling.

77. After receiving the BL February 2013 C&D Letter, Defendants A&C and CWL did21 not stop selling the Ballin Imitation products and did not stop contacting Plaintiffs' confidential2 2 vendors/buyers/customers as was requested in the letter.23

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78. In or about May of 2013, BRIAN LICHTENBERG and BL, LLC had an ongoing,existing contract with Flip Munich in which Flip Munich was a distributor for BRIAN



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not to purchase Ballin or any other product from BL, LLC. Defendant CWL and A&C contactedFlip Munich with the intention to disrupt and/or terminate the on going and existing contractbetween Plaintiff BL, LLC and Flip Munich. These communications have damaged the reputationof BL, LLC and BRIAN LICHTENBERG.

79. CWL and/or A&C have made public statements online, including on social mediawebsites such as Instagram, that BRIAN LICHTENBERG and BL, LLC were supposedly stealingthe Ballin design from CWL and A&C, and other statements to the effect that BRIANLICHTENBERG and/or BL, LLC were acting wrongfully despite knowing that BRIANLICHTENBERG and BRIAN LICHTENBERG, LLC had done nothing wrong and were at a!J timesacting within their rights. These communications have damaged the reputation of BL, LLC andBRIAN LICHTENBERG.

80. CWL and/or A&C have made public statements online, including on social mediawebsites such as Instagram, that BRIAN LICHTENBERG and BL, LLC were supposedly stealingnot only the Ballin design from CWL and A&C, but that Plaintiffs were not the original creators of"Homies" and "Feline", BRIAN LICHTENBERG Products that he was selling since 2011 as wellas other disparaging and false statements to the effect that BRIAN LICHTENBERG and/or BL,LLC were acting wrongfully despite knowing that BRIAN LICHTENBERG and BRIANLICHTENBERG, LLC had done nothing wrong and were at all times acting within their rights.These communications have damaged the reputation of BL, LLC and BRIAN LICHTENBERG.

81. However, in a contradictory and seemingly "Schizophrenic" communication22 with Grey Ant executive Natalie Levy on or about February 2013 via email, CWL writes to Ms. Levy23 telling her that he (CWL) gave the Feline design to BRIAN LICHTENBERG and that he (CWL) was2 4 happy about giving it to his brother.



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incorporated herein by reference, granting BL, LLC copyright protection m "Homies SouthCentral" is attached hereto as Exhibit "F".

83. On or about May 14, 2013, A&C and/or CWL made disparaging, false anddefamatory comments of and concerning Plaintiffs BRIAN LICHTENBERG and BL, LLC on thepublic A&C Instagram website page, including but not limited to, the following statement: "TheBallin design was designed by and for @AlexandChloe NOT @brianlichtenberg.com - The Felinedesign was designed Chris Lichtenberg, Brian Lichtenberg's younger brother, NOT BrianLichtenberg. The Homies Design by @reasonClothing NOT Brian Lichtenberg. Shame on BrianLichtenberg. Old brother's should know better! #brianlichtenberg #bltee #homies #ballinparis#homiessouthcentral #felinetee". Attached hereto as Exhibit "G" and made a part hereof by thisreference is a copy of the May 14, 2013 screenshot of the A&C Instagram website page makingvarious disparaging and defamatory comments of and concerning the Plaintiffs.

84. The comments made on or about May 14, 2013 on the A&C Instagram web pageseriously confused customers within the marketplace as well as the public as a whole, causing themto think that the products are NOT genuine BRIAN LICHTENBERG, LLC Products and BRIANLICHTENBERG Designs or are made without the consent of the Plaintiffs.

85. To further illustrate actual confusion by customers within the marketplace, in thesame screenshot of the A&C Instagram web page, on or about May 14, 2013 which is attachedherein as Exhibit "G", the following customers stated their actual confusion evidenced by thecomments that preceded A&C and/or CWL's disparaging, misleading and purposefully confusingstatements made on their A&C Instagram web page which are as follows:

"jyee1993 I was debating for the longest time ... I knew something was fishy-alexandchloe BALLIN PARIS is an #AlexandChloe #og#orginal design Don't be fooled by



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86. The reference A&C and/or CWL made regarding "alexandchloe@kitsonla" was toCalifornia based clothing retail vendor Kitson Clothing.

87. Thus, A&C and/or CWL's disparaging and confusing comments were also sent toLos Angeles based retail clothing store and confidential vendor/buyer/customer of Kitson Clothingwhich is further evidence of A&C and/or CWL's clear intent to intelfere and disrupt and/or cause toterminate, Plaintiffs' ongoing business relationships with their confidentialvendors/buyers/customers. Yet another example of how A&C and/or CWL's public statements ontheir A&C Instagram web page, caused ACTUAL widespread confusion within the marketplace arefurther evidenced in the following statements made on or about May 2013 by Defendant A&Cand/orCWL:

"alexandchloe B-B-B-BALLIN #Cassie wearing a #Ballin Paris jumper, an@AlexAndChloe #og #orginal design. Available at www.alexandchloe.com - Accept nolimitations. Peep the hashtags #AlexandChloe #BallinParisradstella I'm confuseday_ elay Lamaoooookyawtsan Seriously?"

Attached hereto as Exhibit "H" and made a part hereof by this reference is a copy of the May 2013screenshot of the A&C Instagram web page making various disparaging and defamatory commentsof and concerning the Plaintiffs, which caused confusion within the marketplace.

88. CWL and/or A&C contacted, either directly or through their representative, thesocial media site, Facebook, and claimed that BL, LLC's posting of photos featuring the Ballindesign supposedly infringed CWL and/or A&C's intellectual property rights, despite knowing thatBL, LLC was and is the rightful owner of the Ballin design and any and all merchandise featuring



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1 MARKED Defendants pursuant to which the MARKED Defendants would show and sell the A&C2 Defendants' Imitation Ballin products in the Marked Showroom as well as providing public relation3 services for CWL and/or A&C to promote, market, advertise and manage the overall spread4 of information between A&C & CWL and the public with the intention of selling A&C Defendants '5 Imitation Ballin products.6

90. In or about late February and early March of 2012, Plaintiffs' representatives7 contacted YI and TRAN to notify them that the "Ballin Paris" merchandise from the A&C8 Defendants were unlawful imitations of a design owned by Plaintiffs and that the sale of such9 merchandise was and would be in violation of the Plaintiffs' rights.

10

1191. Despite being notified of the fact that the A&C Defendants did not have the right to

12 market or sell merchandise featuring the "Ballin Paris" design, the MARKED Defendants13 nevertheless sold the Imitation Ballin merchandise featuring the "Ballin Paris" design.14 92. On information and belief, CWL and/or A&C entered into an agreement with15 MOCKETT and ENRIGHT pursuant to which MOCKETT and ENRIGHT would participate in the16 marketing and selling of the A&C Defendants' Imitation Ballin merchandise.17 93. In or about March and April 2013, Plaintiffs' representatives contacted MOCKETT18 and ENRIGHT to notify him that the "Ballin Paris" merchandise from the A&C Defendants were19 unlawful imitations of a design owned by Plaintiffs and that the marketing and selling of such2 o merchandise was and would be in violation of the Plaintiffs' rights.21 94. Despite being notified of the fact that the A&C Defendants did not have the right to22 market or sell merchandise featuring the "Ballin Paris" design, MOCKETT and ENRIGHT2 3 nevertheless marketed and/or sold the A&C Defendants' unlawful Imitation Ballin merchandise2 4 featuring the "Ballin Paris" design.



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1 BRIAN LICHTENBERG Designs. CWL and A&C copy the same stitching throughout the2 garment and on the logo, the same colors, the same styles (i.e. sweatshirts, beanies and t-shi11s), and3 same logos that have been distinctive to BRIAN LICHTENBERG, LLC Products and BRIAN4 LICHTENBERG Designs. These imitation products are herein collectively referred to as "Imitation5 BL, LLC Products". The Imitation BL, LLC Products confused the public and caused them to think6

that the products are genuine BRIAN LICHTENBERG, LLC Products and BRIAN7 LICHTENBERG Designs or are made with the consent of the Plaintiffs.8 96. Defendants CWL and/or A&C stole press and publicity photos from BL, LLC9 regarding Nina Garcia and Justin Beiber whom were wearing Plaintiffs' Ballin garments.1011 Defendants CWL and/or A&C copied and pasted public photos to the A&C Website.12 97. Additionally to confuse the public, CWL and A&C are using the press pictures and13 videos of various celebrities wearing BL, LLC Ballin merchandise and then posting those pictures14 on the A&C website which has caused tremendous consumer confusion in the marketplace.15 98. A&C and/or CWL and his affiliated websites, including but not limited to the Marked16 website(s) freely admit that their A&C Imitation Products are somehow actually endorsed by various17 celebrities including Nina Garcia, Cassie, Ciara, Vanesa Hudgens, Chaelin from the music group18 2NE1, Ellie Goulding, Wiz Khalifa, Ashley Benson and Steff Bambi, when in fact A&C and CWL19 have not acquired the proper authorizations to use, the previously mentioned celebrities name and20 likeness to sell his inferior Ballin Imitation products.21 99. Defendant TRAN, YI and MARKED are assisting Defendant CWL and/or A&C in22 this infringement. Plaint iff BRIAN LICHTENBERG has been forced to change his entire press2 3 relations' strategy regarding the Ballin property.24 100. As recent as August 29,2013, A&C and/or CL contacted Plaintiff BRIAN



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destroy, disrupt and terminate Plaintiffs ongoing business relationship with its confidential contactsin Kitson Clothing. Kitson employee Tony Chinn informed Plaintiffs BRIAN LICHTENBERG andBL, LLC that A&C's statements were false when he sent Plaintiffs an email on or about August 29,2013 stating that Joel Madden, for example, bought the Ballin cap he was wearing in certain pressand publicity pictures wrongly posted on the A&C Website and affiliated websites, from the Kitsonstore and NOT A&C and/or CWL.

COUNTlTRADEMARK INFRINGEM ENT, TRADE DRESS INFRINGEMENT AND FALSE

DESIGNATION OF ORIGIN UNDER SECTION 43(a) OF THE LANHAM ACT,JS U.S.C. 1 1 2 5 ( a ) ~ AND TRADEMARK DILUTION UNDER SECTION 43(c) OF THE LANHAM

ACT,JS U.S.C. 1125(c)(Against CWL, A&C, MARKED, YI)

12 101. Plaintiffs hereby incorporate each and every allegation contained in the preceding13 paragraphs 1-100 as though fully set forth herein.1415161718192021

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102. Defendants' wrongful use of the name "Ballin" and "Ballin Paris" is likely to causeconfusion, or to cause mistake, or to deceive the public into thinking that Defendants' productsusing such names are BRIAN LICHTENBERG Designer Parodies or BRIAN LICHTENBERG,LLC Products, or that such products are sponsored by or have been approved by BRIANLICHTENBERG or BL, LLC.

103. Defendants wrongful use of the same fabrics, stitching, and label location in theirImitation BL, LLC Products as is identified by the public with BRIAN LICHTENBERG Designerparodies and BRIAN LICHTENBERG, LLC Products is likely to cause confusion, or to causemistake, or to deceive the public into thinking that Defendants' Imitation BL, LLC Products aregenuine BRIAN LICHTENBERG Designer Parodies and genuine BRIAN LICHTENBERG, LLCProducts, or that such products have been approved by BRIAN LICHTENBERG or BL, LLC.



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105. The Defendants' wrongful conduct, unless enjoined and restrained by order of thisCom1, will cause great and irreparable injury to Plaintiffs' business in that BL, LLC and BRIANLICHTENBERG have lost a large number of sales and their reputations have been damaged.

I 06. The Plaintiffs have no adequate remedy at law for the injuries currently beingsuffered in that the Defendants will continue to infringe on the trademarks and trade dress ofPlaintiffs without restraint.

107. The Plaintiffs have also incurred monetary damage from the lost sales and damage totheir reputations.

COUNT2VIOLATION OF CALIFORNIA UNIFORM TRADE SECRETS ACT,

CAL. CIV. CODE 3426 ET SEQ(Against CWL, A&C)

108. Plaintiffs hereby incorporate each and every allegation contained in the preceding14 paragraphs 1-107 as though fully set forth herein.15 109. The customer lists maintained by BRIAN LICHTENBERG and BL, LLC were16 confidential and proprietary and were trade secrets that had economic value because they were non-1 7 public information of names and contacts of retail outlets interested in selling products like BRIAN18 LICHTENBERG Design Parodies and BRIAN LICHTENBERG, LLC Products.192021222324

110. Similarly, manufacturer lists maintained by BRIAN LICHTENBERG and BL, LLC,containing the names and contact information of manufacturers that manufactured BRIANLICHTENBERG Design Parodies and BRIAN LICHTENBERG, LLC Products, were confidentialand proprietary and were trade secrets that had economic value because such manufacturers knewthe manufacturing specifications necessary for a product to have the unique characteristics(stitching, labeling, fabrics) of BRIAN LICHTENBERG Design Parodies and BRIAN



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stitching of the fabrics, the fabrics, the size and placement of the parody labels, and the colorschemes were confidential and proprietary and were trade secrets that had economic value.

112. These confidential and proprietary customer lists, manufacturer lists, and productspecifications are hereinafter referred to, collectively, as the "BRIAN LICHTENBERG TradeSecrets." The BRIAN LICHTENBERG Trade Secrets were the result of a substantial amount oftime, energy and money on the part of Plaintiffs.

113. The BRIAN LICHTENBERG Trade Secrets have economic value in that it isinformation not generally known to other apparel designers and represented many years of researchand client communications.

114. The BRIAN LICHTENBERG Trade Secrets are trade secrets which merited legalprotection from the A&C Defendants' misappropriation in that the A&C Defendants contactednames on the customer lists to sell the Imitation BL, LLC Products, contacted at least one of themanufacturers to get such manufacturer to make the Imitation BL, LLC Products appear identical toBRIAN LICHTENBERG Design Parodies and BRIAN LICHTENBERG, LLC Products, andproduced and sold Imitation BL, LLC products that made use of the unique stitching of the fabrics,the fabrics, the size and placement of the parody labels, and the color schemes

115. In or about January 2013, CWL, with the knowledge and participation of A&C,1 9 misappropriated the BRIAN LICHTENBERG Trade Secrets by copying them, leaving the20 employment of Plaintiffs, manufacturing imitation apparel items, and contacting the contacts21 contained in the trade secrets.222324

116. As a proximate result of the misappropriation of the BRIAN LICHTENBERG TradeSecrets and use by the A&C Defendants, BL, LLC and BRIAN LICHTENBERG has sufferedactual damages. As a further proximate result of the misappropriation, the A&C Defendants have



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LICHTENBERG Trade Secrets with the deliberate intent to injure Plaintiffs' businesses andreputations and improve their own. BL, LLC and BRIAN LICHTENBERG are therefore entitled toexemplary damages and reasonable attorney's fees.

118. The A&C Defendants' wrongful conduct in misappropriating the BRIANLICHTENBERG Trade Secrets, unless enjoined and restrained by order of this com1, will causegreat and irreparable injury to Plaintiffs' business in that BRIAN LICHTENBERG, LLC has lost agreat sales and its reputation has been damaged.

119. The Plaintiffs have no adequate remedy at law for the injuries currently beingsuffered in that the A&C Defendants will continue to use the BRIAN LTCHTENBERG TradeSecrets to manufacture imitation items and contact Plaintiffs' contacts, and Plaintiffs would berequired to maintain a multiplicity of judicial proceedings to protect their interests.

COUNT3VIOLATION OF CALIFORNIA UNFAIR COMPETITION ACTCal. Bus. and Prof. Code 17200 et seq.

(Against All Defendants)120. Plaintiffs hereby incorporate each and every allegation of the preceding paragraphs

17 1-119 as though fully set forth herein.18192021222324

121. By the above described acts and omissions of Defendants, and each of them, in theselling ofmerchandise featuring the "Ballin Paris" design, falsely claiming ownership of the "BallinParis" design and/or falsely alleging that BRIAN LICHTENBERG and/or BL, LLC had stolen the"Ballin Paris" design , Defendants, and each of the them, have engaged and are continuing to engagein unfair competition prohibited by and in violation of the provisions of California Business andProfessions Code 17200 et seq.

122. Plaintiffs are informed and believe and on such information and belief allege that the



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1 123. Plaintiff BL, LLC is an interested person within the meaning of California Business2 and Professions Code 17204, because it is a direct victim of Defendants' unlawful business3 practices and has suffered actual damages as a consequence thereof.4 124. Plaintiff BRIAN LICHTENBERG is an interested person within the meaning of5 California Business and Professions Code 17204, because he is a direct victim of Defendants'6

unlawful business practices and has suffered actual damages as a consequence thereof.7 125. Unless restrained, Defendants, and each of them, will continue to engage in the8 above-described unlawful and unfair business practices.9 126. Defendants, and each of them, should be restrained pursuant to California Business

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11and Profession Code 17203, from employing and continuing to engage in any of the unlawful,

12 unfair and despicable business practices alleged in this complaint.13 127. Defendants, and each of them, should be ordered pursuant to California Bus. & Prof.14 C. 17203, to disgorge and make restitution to BRIAN LICHTENBERG, LLC of all money or15 property which they have acquired as a result of unlawful practices described above, and to pay16 interest accrued at the maximum legal rate according to proof on the money ordered disgorged.17 128. Plaintiffs are without an adequate remedy at law and will suffer irreparable damage18 and injury if Defendants, and each of them, are not enjoined from engaging in and perpetrating their19 unlawful practices.20 129. Plaintiffs have employed counsel to represent them in the prosecution of this cause21 of action, and have incurred and will incur attorney's fees in connection therewith. Pursuant to22 California Civil Code 1717, Plaintiffs are entitled to an award of reasonable attorney's fees should23 they be the prevailing party in this action, the exact amount of which is unknown at this time.24 COUNT4



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1 131. BL, LLC was in an economic relationship with certain retail vendors of fashion2 apparel and accessories (hereinafter, the "Buyers"). BL, LLC's economic relationship with the3 Buyers resulted, and in the future, through the sale of "Ballin" and "Ballin Paris" products would4 have resulted in, economic benefit to BL, LLC.5 132. Defendants knew of BL, LLC's economic relationship with the Buyers.6

133. Defendants intended to disrupt BL, LLC's economic relationship with the Buyers, in7 that Defendants knew or were substantially certain that a disruption would result from their8 conduct.9 134. Defendants engaged in wrongful conduct through wrongfully misappropriating the

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Ballin Paris design from BL, LLC and/or using the BRIAN LICHTENBERG Trade Secrets to12 manufacture knock-off versions of merchandise featuring the Ballin design then manufacturing,13 marketing and selling that merchandise to the Buyers (hereinafter referred to as the "Counterfeit14 Sales").15 135. The Counterfeit Sales disrupted BL, LLC's economic relationship with the Buyers.16 136. BL, LLC was harmed as a result of the disruption of the economic relationship.17 137. Defendants' wrongful conduct was a substantial factor in causing BL, LLC's harm.18 COUNT 5

Intentional Interference with Contractual Relations1920 (Against Defendants CWL and A&C)21 138. Plaintiffs hereby incorporate each and every allegation of the preceding paragraphs22 1-137 as though fully set fm1h herein.23 139. Plaintiff BRIAN LICHTENBERG and BL, LLC claim that Defendants CWL and24 A&C intentionally interfered with the contracts between them and Flip Munich, Revolve Clothing,



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stolen the "Ballin" and "Ballin Paris" products.142. Plaintiffs BRIAN LICHTENBERG and BL, LLC were harmed in that they have lost

sales of BRIAN LICHTENBERG Design parodies and BRIAN LICHTENBERG, LLC Products.143. Defendant CWL and A&C's conduct was a substantial factor in causing of

Plaintiffs' harm.COUNT6

Defamation, Libel and Slander(Against A&C and CWL)

144. Plaintiffs hereby incorporate each and every allegation of the preceding paragraphs1-143 as though fully set fmth herein.

145. Plaintiffs have been harmed by the A&C Defendants claiming that they are therightful creators and owners of the Ballin design, not Plaintiffs, and further, by claiming thatPlaintiffs are or have acted wrongfully in marketing and selling merchandise featuring the Ballindesign.

146. In addition to communications described earlier in this Complaint, the A&C16 Defendants have stated numerous times on Instagram.com that "Ballin in Paris is actually17 @AlexAndChloe," and "This design is completely @AlexAndChloe It's so unfortunate what it18 looks like Brian Lichtenberg is trying to do .. . We've been his number one supporter for over a19 decade. It's devastating. You'l l see .. . " The A&C Defendants also embedded the hash-tags:2 o "#blballin #whatajoke" in reference to Plaintiffs on Instagram.com.21

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147. Instagram.com is a publically accessible website and the A&C Defendants'Instagram comments are viewable and accessible to the public.

148. CWL and/or A&C have made public statements online, including on social mediawebsites such as Instagram, that BRIAN LICHTENBERG and BL, LLC were supposedly stealing



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were acting wrongfully despite knowing that BRIAN LICHTENBERG and BRIANLICHTENBERG, LLC had done nothing wrong and were at all times acting within their rights.These communications have damaged the reputation of BL, LLC and BRIAN LICHTENBERG.

149. However, in a contradictory and seemingly "Schizophrenic" communicationwith Grey Ant executive Natalie Levy on or about February 2013 via email, CWL writes to Ms.Levy telling her that he (CWL) gave the Feline design to BRIAN LICHTENBERG and that he(CWL) was happy about giving it to his brother.

150. On or about February 13, 2013, BL, LLC' s copyright application for "Homies SouthCentral" was approved for copyright protection with the US Copyright Office and issued Registration#: VA0001854404 Service Request#: 1-886906811.

151. On or about May 14,2013, A&C and/or CWL made disparaging, false and defamatorycomments of and concerning Plaintiffs BRIAN LICHTENBERG and BL, LLC on the public A&CInstagram website page, including but not limited to, the following statement: "The Ballin design wasdesigned by and for @AlexandChloe NOT @brianlichtenberg.com- The Feline design was designedChris Lichtenberg, Brian Lichtenberg's younger brother, NOT Brian Lichtenberg. The HomiesDesign by @reasonClothing NOT Brian Lichtenberg. Shame on Brian Lichtenberg. Old brother'sshould know better! #brianlichtenberg #bltee #homies #ballinparis #homiessouthcentral #felinetee".

152. These statements by the A&C Defendants were false.153. These statements were proven false since (1) the rightful copyright owner of

"Homies", which is short for "Homies South Central", is Plaintiff BL, LLC as confirmed byPlaintiffs copyright registration form attached to this complaint; and, (2) based upon emailcorrespondence from CWL to Ms. Natalie Levy in which he (CWL) stated that he gave the Felinedesign to Plaintiff BRIAN LICHTENBERG, clearly confirms that A&C and/or CWL's postings on



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154. The A&C Defendants knew the statements were false.155. These statements by the A&C Defendants, published on Instagram.com showed

Plaintiffs in a false light.156. The false light created by the publication would be highly offensive to a reasonable

person in Plaintiffs' position.157. The A&C Defendants knew the publication of the statements on Instagram.com

would create a false impression about Plaintiffs or acted with reckless disregard for the truth.158. Plaintiffs have been harmed by the A&C Defendants' statements.159. The A&C Defendants ' wrongful conduct was a substantial factor in causing harm to

Plaintiffs' businesses, trades and reputations.160. The A&C Defendants' wrongful conduct has caused Plaintiff BRIAN

LICHTENBERG to suffer shame, mortification and/or hurt feelings.Count7

Common Count(By BL, LLC Against A&C)

161. Plaintiffs hereby incorporate each and every allegation of the preceding paragraphs18 1-160 as though fully set forth herein.19 162. BL, LLC agreed to deliver certain BRIAN LICHTENBERG, LLC Products to A&C2 o for A&C to market and offer for sale on the A&C website. A&C agreed to market and sell the21 BRIAN LICHTENBERG, LLC Products and pay BRIAN LICHTENBERG, LLC fifty percent22 (50%) of the proceeds from such sales.23

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163. In or about early 2013, BL, LLC began delivering BRIAN LICHTENBERG, LLCProducts to A&C to market and sell, as set forth above, but A&C has not paid BL, LLC fifty



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together with at torney's fees.WHEREFORE, Plaintiffs BRIAN LICHTENBERG and BL, LLC pray judgment against

Defendants named in the applicable counts as follows:COUNTl

1. For injunctive relief prohibiting Defendants, their officers, directors, agents,representatives, successors or assigns, and all persons acting in concert or in participation with anyof them from:

(a) manufacturing, distributing, delivering, shipping, importing, exporting, advertising,marketing, promoting, selling or otherwise offering for sale Imitation Ballin Products or anyother products produced by Plaintiffs or confusingly similar to Plaintiffs' Products, or thatotherwise bear, contain, display, or utilize any of Plaintiffs' Marks, Products or Designs anyderivation or colorable imitation thereof, or any mark confusingly similar thereto or likely todilute or detract from the Plaintiffs' Marks, Designs and Products; and,(b) making or employing any other commercial use of Plaintiffs' Marks, Products orDesigns, any derivation or colorable imitation thereof, or any mark confusingly similarthereto or likely to dilute or detract from the Plaintiffs' Marks, Products or Designs; and,(c) using any other false designation of origin or false description or representation or anyother thing calculated or likely to cause confusion or mistake in the mind of the trade orpublic or to deceive the trade or public into believing that Defendants' products or activitiesare in any way sponsored, licensed or authorized by or affiliated or connected withPlaintiffs; and,(d) doing any other acts or things calculated or likely to cause confusion or mistake in themind of the public or to lead purchasers or consumers or investors into the belief that the



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Imitation Products or A&C counterfeit products or any other products confusingly similar toPlaintiffs' Products, or that otherwise bear, contain, display, or utilize any of Plaintiffs'Marks, Designs or Products, any derivation or colorable imitation thereof, or any markconfusingly similar thereto or likely to dilute or detract from the Plaintiffs' Marks, Designsand Products; and,(f ) further diluting and infringing all Plaintiffs' Marks, Designs and Products and damagingPlaintiffs' goodwill; and,(g) otherwise competing unfairly with Plaintiffs or any of their authorized licensees in anymanner; and,(h) injunctive relief enjoining Defendants from using in any way the Brian LichtenbergTrade Secrets; and,(i) assisting, aiding, or abetting any other person or business entity in engaging in orperforming any of the activities referred to in the above subparagraphs (a) through (h), oreffecting any assignments or transfers, forming new entities or associations, or utilizing anyother device for the purpose of circumventing or otherwise avoiding the prohibitions setforth in subparagraphs (a) through (h) the continued infringement of the unregisteredtrademarks and prohibiting the continued trade dress infringement; and,2.

3.

Direct Defendants to account to Plaintiffs for their profits and order that thePlaintiffs recover their damages arising out of the acts of deception and infringementdescribed above, and a sum equal to three times such profits or damages (whicheveris greater), pursuant to 15 U.S.C. 1117(a) and (b); and,Award Plaintiffs statutory damages of $100 mill ion representing $2,000,000 percounterfeit mark per type of goods or services sold, offered for sale, or distributed,



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or that otherwise bear, contain,display, or utilize any of Plaintiffs' Marks, Designs or Products, any derivation orcolorable imitation thereof, or any mark confusingly similar thereto or likely todilute or detract from the Plaintiffs' Marks, Designs or Products, that are inDefendants' possession or control and all means of making the same; and,

5. Direct Defendants to deliver up for destruction all Imitation Products or counterfeit

6.

7.

products or any other products confusingly similar to Plaintiffs' Products, or thatotherwise bear, contain, display or utilize any of Plaintiffs' Marks, Designs orProducts any derivation or colorable imitation thereof, or any mark confusinglysimilar thereto or likely to dilute or detract from the Plaintiffs' Marks, Designs orProducts that are in Defendants' possession or control and all means of making thesame, in accordance with 15 U.S.C. 1118; and,Direct Defendants to deliver up for destruction any and all guarantees, circulars,price lists, labels, signs, prints, packages, wrappers, pouches, receptacles, advertisingmatter, promotional, and other materials in the possession or control of Defendantsbearing any of Plaintiffs' Marks, Designs or Products, any derivation or colorableimitation thereof, or any mark confusingly similar thereto or likely to dilute ordetract from the Plaintiffs' Marks, Designs or Products, in accordance with 15U.S.C. 1118; and,Direct Defendants to supply Plaintiffs with a complete list of entities from whomthey purchased and to whom they distributed and/or sold Imitation Products orcounterfeit products or any other products confusingly similar to Plaintiffs' Products,or that otherwise bear, contain, display or utilize any of Plaintiffs' Marks, Designs or



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accounts to, through, or from which funds were wired; and,8. Direct Defendants to file with the Court and serve on counsel for Plaintiffs within

thirty (30) days after entry of any injunction issued by the Court in this action, asworn written statement pursuant to 15 U.S .C. 1116(a) setting forth in detail themanner and form in which Defendants have complied with any injunction which theCourt may enter in this action; and,

9. Award Plaintiffs their reasonable attorneys' fees along with the costs and

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11.12.

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disbursements incurred herein as a result of Defendants' intentional and willfulinfringement, pursuant to 15 U.S .C. 1117; and,Order that any of Defendants' assets that are held by or within the control of entitiesthat are subject to the jurisdiction of this Court, be restrained and frozen pending theoutcome of this action so that Plaintiffs' right to the damages set forth in thisComplaint is not later rendered meaningless; and,For any other statutory exemplary damages; and,For damages in an amount to be proven at trial.

COUNT2For injunctive relief prohibiting Defendants, their officers, directors, agents,

representatives, successors or assigns, and all persons acting in concert or in participation with anyof them from:

(a) manufacturing, distributing, delivering, shipping, importing, exporting, advertising,marketing, promoting, selling or otherwise offering for sale Imitation Ballin Products or anyother products produced by Plaintiffs or confusingly s imilar to Plaintiffs' Products, or thatotherwise bear, contain, display, or utilize any of Plaintiffs' Marks, any derivation or



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thereto or likely to dilute or detract from the Plaintiffs' Marks, Products or Designs; and,(c) using any other false designation of origin or false description or representation or anyother thing calculated or likely to cause confusion or mistake in the mind of the trade orpublic or to deceive the trade or public into believing that Defendants' products or activitiesare in any way sponsored, licensed or authorized by or affiliated or connected withPlaintiffs; and,(d) doing any other acts or things calculated or likely to cause confusion or mistake in themind of the public or to lead purchasers or consumers or investors into the belief that theproducts or services promoted, offered, or sponsored by Defendants come from Plaintiffs ortheir licensees, or are somehow licensed, sponsored, endorsed, or authorized by, orotherwise affiliated or connected with Plaintiffs; and,(e) moving, returning, or otherwise disposing of, in any manner, any of Defendants'Imitation Products or A&C counterfeit products or any other products confusingly similar toPlaintiffs' Products, or that otherwise bear, contain, display, or utilize any of Plaintiffs'Marks, Designs or Products, any derivation or colorable imitation thereof, or any markconfusingly similar thereto or likely to dilute or detract from the Plaintiffs' Marks, Designsand Products; and,(f) further diluting and infringing all Plaintiffs' Marks, Designs and Products and damagingPlaintiffs' goodwill; and,(g) otherwise competing unfairly with Plaintiffs or any of their authorized licensees in anymanner; and,(h) injunctive relief enjoining Defendants from using in any way the Brian LichtenbergTrade Secrets; and,



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forth in subparagraphs (a) through (h) the continued infringement of the unregisteredtrademarks and prohibiting the continued trade dress infringement; and,20 For statutory exemplary damages; and,40 For actual damages in an amount to be proven at trial; and,50 For attorney's fees 0

10 For injunctive relief prohibiting Defendants, their officers, directors, agents,representatives, successors or assigns, and all persons acting in concert or in participation with anyof them from:

(a) manufacturing, distributing, delivering, shipping, importing, exporting, advertising,marketing, promoting, selling or otherwise offering for sale Imitation Ballin Products or anyother products produced by Plaintiffs or confusingly similar to Plaintiffs' Products, or thatotherwise bear, contain, display, or utilize any of Plaintiffs' Marks, Products or Designs, anyderivation or colorable imitation thereof, or any mark confusingly similar thereto or likely todilute or detract from the Plaintiffs' Marks, Designs and Products; and,(b) making or employing any other commercial use of Plaintiffs' Marks, Products orDesigns, any derivation or colorable imitation thereof, or any mark confusingly similarthereto or likely to dilute or detract from the Plaintiffs' Marks, Products or Designs; and,(c) using any other false designation of origin or false description or representation or anyother thing calculated or likely to cause confusion or mistake in the mind of the trade orpublic or to deceive the trade or public into believing that Defendants' products or activitiesare in any way sponsored, licensed or authorized by or affiliated or connected withPlaintiffs; and,



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otherwise affiliated or connected with Plaintiffs; and,(e) moving, returning, or otherwise disposing of, in any manner, any of Defendants'Imitation Products or A&C counterfeit products or any other products confusingly similar toPlaintiffs' Products, or that otherwise bear, contain, display, or utilize any of Plaintiffs'Marks, Designs or Products, any derivation or colorable imitation thereof, or any markconfusingly similar thereto or likely to dilute or detract from the Plaintiffs' Marks, Designsand Products; and,(f ) further diluting and infringing all Plaintiffs' Marks, Designs and Products and damagingPlaintiffs' goodwill; and,(g) otherwise competing unfairly with Plaintiffs or any of their authorized licensees in anymanner; and,(h) injunctive relief enjoining Defendants from using in any way the Brian LichtenbergTrade Secrets; and,(i) assisting, aiding, or abetting any other person or business entity in engaging in orperforming any of the activities referred to in the above subparagraphs (a) through (h), oreffecting any assignments or transfers, forming new entities or associations, or utilizing anyother device for the purpose of circumventing or otherwise avoiding the prohibitions setforth in subparagraphs (a) through (h) the continued infringement of the unregisteredtrademarks and prohibiting the continued trade dress infringement; and,2.3.

4.

For restitution consisting of disgorgement of il l gotten gains; and,For restitution consisting of "money taken" restitution to recover money obtained byDefendants taken through an unfair business practice or practices; and,For restitution consisting of "vested interest" restitution to recover money or



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representatives, successors or assigns, and all persons acting in concert or in participationwith any of them from:(a) manufacturing, distributing, delivering, shipping, importing, expmting, advertising,marketing, promoting, selling or otherwise offering for sale Imitation Ballin Products or anyother products produced by Plaintiffs or confusingly similar to Plaintiffs' Products, or thatotherwise bear, contain, display, or utilize any of Plaintiffs' Marks, Products or Designs, anyderivation or colorable imitation thereof, or any mark confusingly similar thereto or likely todilute or detract from the Plaint iffs' Marks, Designs and Products; and,(b) making or employing any other commercial use of Plaintiffs' Marks, Products orDesigns, any derivation or colorable imitation thereof, or any mark confusingly similarthereto or likely to dilute or detract from the Plaintiffs' Marks, Products or Designs; and,(c) using any other false designation of origin or false description or representation or anyother thing calculated or likely to cause confusion or mistake in the mind of the trade orpublic or to deceive the trade or public into believing that Defendants' products or activitiesare in any way sponsored, licensed or authorized by or affiliated or connected withPlaintiffs; and,(d) doing any other acts or things calculated or likely to cause confusion or mistake in themind of the public or to lead purchasers or consumers or investors into the belief that theproducts or services promoted, offered, or sponsored by Defendants come from Plaintiffs ortheir licensees, or are somehow licensed, sponsored, endorsed, or authorized by, orotherwise affiliated or connected with Plaintiffs; and,(e) moving, returning, or otherwise disposing of, in any manner, any of Defendants'Imitation Products or A&C counterfeit products or any other products confusingly similar to



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(f ) further diluting and infringing all Plaintiffs' Marks, Designs and Products and damagingPlaintiffs' goodwill; and,(g) otherwise competing unfairly with Plaintiffs or any of their authorized licensees in anymanner; and,(h) injunctive relief enjoining Defendants from using in any way the Brian LichtenbergTrade Secrets; and,(i) assisting, aiding, or abetting any other person or business entity in engaging in orperforming any of the activities referred to in the above subparagraphs (a) through (h), oreffecting any assignments or transfers, forming new entities or associations, or utilizing anyother device for the purpose of circumventing or otherwise avoiding the prohibitions setforth in subparagraphs (a) through (h) the continued infringement of the unregisteredtrademarks and prohibiting the continued trade dress infringement; and,2. For injunctive relief enjoining Defendants, and each of them, from continuing tointerfere with the economic relationship between Plaintiffs and their customers; and,3.4.5.

1.

For compensatory damages in an amount to be proven at trial; and,For punitive damages; and,For damages in an amount to be proven at trial.

COUNTSFor injunctive relief prohibiting Defendants, their officers, directors, agents,

representatives, successors or assigns, and all persons acting in concert or in participation with anyof them from:

(a) manufacturing, distributing, delivering, shipping, importing, exporting, advertising,marketing, promoting, selling or otherwise offering for sale Imitation Ballin Products or any



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2324

(b) making or employing any other commercial use of Plaintiffs' Marks, Products orDesigns, any derivation or colorable imitation thereof, or any mark confusingly similarthereto or likely to dilute or detract from the Plaintiffs' Marks, Products or Designs; and,(c) using any other false designation of origin or false description or representation or anyother thing calculated or likely to cause confusion or mistake in the mind of the trade orpublic or to deceive the trade or public into believing that Defendants' products or activitiesare in any way sponsored, licensed or authorized by or affiliated or connected withPlaintiffs; and,(d) doing any other acts or things calculated or likely to cause confusion or mistake in themind of the public or to lead purchasers or consumers or investors into the belief that theproducts or services promoted, offered, or sponsored by Defendants come from Plaintiffs ortheir licensees, or are somehow licensed, sponsored, endorsed, or authorized by, orotherwise affiliated or connected with Plaintiffs; and,(e) moving, returning, or otherwise disposing of, in any manner, any of Defendants'Imitation Products or A&C counterfeit products or any other products confusingly similar toPlaintiffs' Products, or that otherwise bear, contain, display, or utilize any of Plaintiffs'Marks, Designs or Products, any derivation or colorable imitation thereof, or any markconfusingly similar thereto or likely to dilute or detract from the Plaintiffs' Marks, Designsand Products; and,(f) further diluting and infringing all Plaintiffs' Marks, Designs and Products and damagingPlaintiffs' goodwill; and,(g) otherwise competing unfairly with Plaintiffs or any of their authorized licensees in anymanner; and,



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effecting any assignments or transfers, forming new entities or associations, or utilizing anyother device for the purpose of circumventing or otherwise avoiding the prohibitions setforth in subparagraphs (a) through (h) the continued infringement of the unregisteredtrademarks and prohibiting the continued trade dress infringement; and,2. For injunctive relief enjoining Defendants, and each of them, from continuing to

interfere with the economic relationship between Plaintiffs and their customers; and,3. For compensatory damages in an amount to be proven at trial; and,4. For punitive damages; and,5. For damages in an amount to be proven at trial.

1.2.

3.4.

1.2.

3.4.

1.

COUNT6

General damages in a sum according to proof; and,Special damages including loss of income, earnings benefits and other consequentiadamages and incidental damages in a sum according to proof; and,Punitive damages; and,For damages in an amount to be proven at trial.

COUNT7Defendants pay Plaintiffs a sum in the amount of approximately $30,000; and,Defendants pay Plaintiffs any and all prejudgment interest on the sums unpaid, as setforth above in paragraph 1 to this, Count 7; and,Attorney's fees; and,For damages in an amount to be proven at trial.

ALL COUNTSCosts of suit; and,



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Dated: September 17, 2013

DAVID GRAZIANI, ESQ.RONALD D. TYM, ESQ.,Attorney for Plaintiffs, Brian Lichtenberg, LLC andBrian Lichtenberg



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Case 2:13-cv-06837-DDP-PJW Document 1-1 Filed 09/17/13 Page 1 of 1 Page ID #:99


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UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

NOTICE OF ASSIGNMENT TO UNITED STATES JUDGESThis case has been assigned to District Judge ____ _e_a_n_D_._P_r_.eg_,_e_rs_o_n____ and the assigned

Magistrate Judge is Patrick J. Walsh

The case number on all documents filed with the Court should read as follows:

2:13-CV-6837-DDP (PJWx)

Pursuant to General Order 05-07 of the United States District Court for the Central District ofCalifornia, the Magistrate Judge has been designated to hear discovery related motions.

All discovery related motions should be noticed on the calendar of the Magistrate Judge.

September 17, 2013Date

Clerk, U.S. District Court

By MDAVISDeputy Clerk

NOTICE TO COUNSELA copy of this notice must be served with the summons and complaint on all defendants (if a removal action isfiled, a copy of this notice must be served on all plaintiffs).

Case 2:13-cv-06837-DDP-PJW Document 1-2 Filed 09/17/13 Page 1 of 5 Page ID #:100David Graziani, Esq. (SBN#276009)The Law Offices of David Graziani, P.C.1 0 8 ~ 0 Wilshire Blvd., Suite 1101


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Los Angeles, CA 90024Tel: 310-935-4088Fax: 310-935-4076E-mail: [email protected] STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIABRIAN LICHTENBERG, LLC, a California limited CASE NUMBERliability company; and BRIAN LICHTENBERG, anindividual,

V. PLAINTIF;ts)"' cvALEX & CHLOE, INC., a California corporation; j - - - - : = - ~ . . . . _ . . J . : . . . . _ _ _ . . J o . . . . . ; W - - - . . . r t 6 1 ! . - - ' ~ ~ - - ~ ~ . l . . . \ : : : : : : - f - ' ; ; ; ; . . . ; . . . : . . . ; - -CHRISTOPHER WALTER LICHTENBERG, anindividual; [see Attachment for complete caption] SUMMONS

DEFENDANT(S).

TO: DEFENDANT(S):A lawsuit has been filed against you.Within 21 days after service of this summons on you (not counting the day you received it), youmust serve on the plaintiff an answer to the attached c o m p l a i n t D amended complaint

0 counterclaim 0 cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answeror motion. must be served n the_nlaintiffs attorney David Graziani, Esq. , whose address is10880 Wllshore Blvd., Smte 11m, Los Angeles, c'A 90024 . If you fail to do so,judgment by default will be entered against you for the relief demanded in the complaint. You also must fileyour answer or motion with the court.

Clerk, U.S. District Court

By: lJI/a. 4 ) 1 ~Deputy lerk(Seal of he Court)

Case 2:13-cv-06837-DDP-PJW Document 1-2 Filed 09/17/13 Page 2 of 5 Page ID #:101


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ATTACHMENT TO SUMMONS

BRIAN LICHTENBERG, LLC, aCalifornia limited liability company; andBRIAN LICHTENBERG, an individual,Plaintiffs,

vs.ALEX & CHLOE, INC., a Californiacorporation; CHRISTOPHER WALTERLICHTENBERG, an individual;MARKED SHOWROOM, LLC, aCalifornia limited liability company;JACQUELINE YI, an individual; TUTRAN, an individual; KYLE MOCKETT,an individual; KAYTEE ENRIGHT, anindividual,

Defendants.

Case 2:13-cv-06837-DDP-PJW Document 1-2 Filed 09/17/13 Page 3 of 5 Page ID #:102David Graziani, Esq. (SBN#276009)The Law Offices of David Graziani, P.C.10880 Wilshire Blvd., Suite 1101


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Los Angeles, CA 90024Tel: 310-935-4088Fax: 310-935-4076E-mail: [email protected]

UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

BRIAN LICHTENBERG, LLC, a California limited CASE NUMBERliability company; and BRIAN LICHTENBERG, anindividual, Q683 7V. PLAINTIFF(S) . ~ cv 3 - . , ~ ( .ALEX & CHLOE, INC., a California corporation; ' .\CHRISTOPHER WALTER LICHTENBERG, anindividual; [see Attachment for complete caption] SUMMONS

DEFENDANT(S).

TO: DEFENDANT(S):A lawsuit has been filed against you.Within 21 days after service of this summons on you (not counting the day you received it), youmust serve on the plaintiff an answer to the a t t a c h e d ~ complaint D amended complaintD counterclaim D cross-claim or a motion under Rule 12 of the Federal Rules ofCivil Procedure. The answer

or motion must be served on the_P-laintiffs attorney David Graziani, Es

Documents

Brian Lichtenberg v. Alex & Chloe - Complaint