Nicole Lee v. Skin Laundry - Trademark Logo Complaint PDF

Case 2:15-cv-00501 Document 1 Filed 01/22/15 Page 1 of 13 Page ID #:1
Bryan King Sheldon (Bar No. 116219)

George Busu (Bar No. 235993)
LIM RUGER & KIM, LLP
1055 West Seventh Street, Suite 2800
Los Angeles, California 90017
Telephone: (213) 955-9500
email: bryan.sheldon@lrklawyers.com
george.busu@lrklawyers.com
Attorneys for Plaintiff, Nicole, Inc.
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
LIM, RUGER & KIM, LLP
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NICOLE, INC., a California

corporation,
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Plaintiff,
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v.
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SKIN LAUNDRY LOS

ANGELES, APC., a California
corporation; SKIN LAUNDRY
HOLDINGS, LLC., a Delaware
limited liability company; and
DOES 1 to 10,
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Defendants.
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Case No.
COMPLAINT FOR TRADEMARK
INFRINGEMENT, UNFAIR
BUSINESS PRACTICES AND
UNJUST ENRICHMENT
(JURY TRIAL DEMANDED)
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Plaintiff Nicole, Inc. complains and alleges as follows against defendants
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Skin Laundry Los Angeles, APC and Skin Laundry Holdings, LLC.
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00044871.doc
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COMPLAINT FOR TRADEMARK INFRINGEMENT, ETC.
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JURISDICTION AND VENUE

1.
This Court has subject matter jurisdiction under 15 U.S.C. 1121
(action arising under the Lanham Act); 28 U.S.C. 1338 (action related to
trademark and/or unfair competition claim substantially related to trademark laws);
and 28 U.S.C. 1367 (supplemental jurisdiction).
2.
Venue is proper in this court because plaintiff Nicole, Inc.s principal
place of business, and on information and belief the defendants principal place of
business, is in Los Angeles, California, within the Central District of California;
the acts complained of occurred entirely or primarily within this district.
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THE PARTIES
3.
Plaintiff Nicole, Inc. (Nicole) is a California corporation that
maintains its principal place of business in Los Angeles, California.

4.
Defendant Skin Laundry Los Angeles, APC (SLLA) is a California
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corporation that, on information and belief, maintains its principal place of
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business in Los Angeles, California.
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5.
Defendant Skin Laundry Holdings, LLC (SLH) is a Delaware
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limited liability company that, on information and belief, maintains its principal
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place of business in Los Angeles, California. (SLLA and SLH are referred to
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collectively herein as SL.)
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6.
The true names and capacities, whether individual, corporate,
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associate or otherwise, of the defendants sued as Does 1 through 10 are unknown
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to Nicole. Nicole therefore sues said defendants by such fictitious names. When
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the true names and capacities of said defendants have been ascertained, Nicole will
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amend this pleading accordingly.
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7.
Nicole further alleges that the defendants sued as Does 1 through 10,
inclusive, are jointly, severally and concurrently liable and responsible with the
named defendant upon the claims hereinafter set forth.
8.
Nicole is informed and believes and thereon alleges that at all times
mentioned herein, SL and the defendants sued as Does 1 through 10, inclusive, and
each of them, were the agents, servants and employees of every other defendant
and the acts of each defendant, as alleged herein, were performed within the course
and scope of that agency, service or employment.
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NICOLES BUSINESS AND ITS MARKS

9.
Nicole designs, develops, manufactures, markets, distributes and sells
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fashion apparel and accessories, including high quality bags and handbags, for men
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and women, and cosmetics and personal hygiene products. Nicoles design staff
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creates unique and highly innovative products, by combining clever product design
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with inventive use of graphics and embellishments, many of which are protected
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by registered United States copyrights. Nicoles innovative products are widely
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respected and frequently imitated. Nicole regularly polices the market and takes
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action to stop infringers.
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10.
Nicole owns several trademarks registered with the United States
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Patent and Trademark Office (USPTO) related to its business of designing,
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manufacturing and distributing fashion apparel and accessories.
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11.
Nicole owns a registered United States trademark for the NICOLE
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LEE label, in standard characters, for handbags and other types of bags, under
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United States trademark registration number 3,530,177, registered on November
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11, 2008. Nicole has been using the NICOLE LEE mark on its handbags, and in
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commerce, since at least as early as November 2, 2003 (the Word Mark).
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12.
Nicole also owns a registered United States trademark for handbags
other types of bags, and clothing, under United States trademark registration
number 4,021,725, registered on September 6, 2011 (the Design Mark). Nicole
has been using the Design Mark on its handbags and clothing, and in commerce,
since at least as early at May 5, 2010. An image of the Design Mark appears
directly below.
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13.
Nicole has a pending trademark registration application with the
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USPTO for the Design Mark for the following goods: Baby hand soap; Bar soap;
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Bath gels; Bath lotion; Bath salts; Bath soaps in liquid, solid or gel form; Bathing
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lotions; Beauty gels; Beauty lotions; Body lotion; Cologne; Cosmetic bath salts;
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Cosmetic preparations for bath and shower; Deodorant soap; Eau-de-cologne; Face
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and body lotions; Facial lotion; Hand soaps; Liquid perfumes; Lotions for cosmetic
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purposes; Lotions for face and body care; Perfume; Perfumes and colognes;
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Shower and bath gel. Said trademark registration application was filed on May 15,
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2014, was assigned a USPTO application serial number of 86281692, and is
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expected to register in due time. Nicole has been using the Design Mark on its
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cosmetics and personal hygiene products, and in commerce, since at least as early
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at May 5, 2010.
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Nicole markets, distributes and sells fashion apparel and accessories,
under the Word Mark and the Design Mark in North America, most of Central
America, most of South America, most of Europe, and in Asian countries such as
China, Japan and South Korea.
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Nicoles products bearing the Word Mark and the Design Mark are
sold in over 50 countries around the world. Currently, over 1000 retailers
worldwide sell Nicoles products bearing the Word Mark and the Design Mark.
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Nicole has registered the Word Mark and / or Design Mark in the
following countries: Austria, Australia, Bahrain, Belgium, Brazil, Bulgaria,
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Canada, China, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican
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Republic, Ecuador, Egypt, Estonia, Finland, France, Germany, Great Britain,
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Greece, Hong Kong, Hungary, India, Indonesia, Ireland, Italy, Japan, Korea
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(South), Kuwait, Latvia, Lebanon, Lithuania, Luxembourg, Malta, Mexico,
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Netherlands, Panama, Qatar, Philippines, Poland, Portugal, Romania, Russia,
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Saudi Arabia, Slovakia, Slovenia, South Africa, Spain, Sweden, Syria, Taiwan,
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Turkey, United Kingdom, United States of America, and Venezuela.
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17.
Since 2009, Nicole has operated a website at www.nicoleleeusa.com
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that advertises and promotes the Word Mark and Design Mark worldwide. Since
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2010, Nicole has been selling products bearing the Word Mark and Design Mark
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on its website at www.nicoleleeonline.com.
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18.
To further promote its products bearing the Word Mark and the
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Design Mark, Nicole regularly displays its products from elaborate booths at major
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trade shows for the apparel and accessories industries in North America, Europe,
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China, Hong Kong, Mexico and Colombia.
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19.
Due to Nicoles extensive use and promotion of the Word Mark and
Design Mark, Nicoles products have been featured in such widely-distributed and
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widely-known fashion conscious magazines as Marie Claire, Redbook, Allure,
Star, Life & Style, OK, and Latina, among others.
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THE INFRINGING PRODUCTS OF SL

20.
SL markets a line of skin care treatments and skin care products under
its SL Skin Laundry design mark (the infringing mark), depicted below, that is
confusingly similar to Nicoles Design Mark.
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21.
The infringing mark is also an intentional copy of Nicoles Design
Mark. For comparison, Nicoles Design Mark, as it has been employed by Nicole,
appears below at left, while the infringing mark appears below at right.
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SLs use of the S and L letters enclosed in the center of concentric circles,
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with Skin Laundry at top and its headquarters location at bottom between the
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internal and external circles is alone confusingly similar to Nicoles Design Mark.
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SLs use of five-pointed stars within the two inner circles at the 3 oclock and 9
oclock positions, just as in Nicoles Design Mark, greatly enhances the likelihood
of confusion. Moreover, the placement of the two stars, the location of the S and
L initials and the company name and headquarters location within the same
concentric circle design of Nicoles Design Mark strongly evidences direct
copying. SLs placement of a third star symbol to the right of the top of the L
initial exactly matches the placement of the symbol employed when Nicole uses
its registered Design Mark. This final placement is not only evidence of direct
copying of Nicoles registered mark, but also constitutes evidence of SLs
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knowledge that Nicoles mark is registered. That is, SLs logo, even without other
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evidence, establishes SLs willful infringement of Nicoles Design Mark.
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22.
SL chose to infringe Nicoles trademark rights in the Design Mark,
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and it did so willfully to trade upon the goodwill that Nicole developed in
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connection with its products.
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23.
SLs adoption of a trademark that slavishly copies Nicoles Design
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Mark infringes Nicoles trademark rights in its Design Mark, is likely to cause
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confusion or mistake, or to deceive consumers, purchasers, and others into thinking
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that SLs products or services are Nicole products or services, or that they are
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sponsored by or affiliated with Nicole, when they are not.
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24.
Nicole has not authorized SL to utilize any of Nicoles intellectual
property in any form.
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FIRST CLAIM FOR RELIEF
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(TRADEMARK INFRINGEMENT AGAINST ALL DEFENDANTS)
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(15 U.S.C. 1114)
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25.
Nicole incorporates the allegations of paragraphs 1 through 24 of this
complaint.
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Nicole owns the registered Design Mark. SL has infringed the Design
Mark by using a variation of the Design Mark on it services and goods, which
infringing mark is strikingly and confusingly similar and/or a colorable imitation of
Nicoles Design Mark.
27.
SLs use of the infringing mark is likely to cause confusion, or to
cause mistake, or to deceive the consumer as to the affiliation, connection or
association of Nicole with SL, or as to the origin, sponsorship, or approval of SLs
goods.
26.
28.
SLs use of the infringing mark enables SL to benefit unfairly from
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Nicoles reputation and success, thereby giving SLs infringing products and
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services sales a commercial value they would not have otherwise.
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29.
Prior to SLs first use of the infringing mark, SL was aware of
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Nicoles business and had either actual notice and knowledge, or constructive
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notice of Nicoles registered Design Mark. SLs infringement of Nicoles Design
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Mark as described herein has been and continues to be intentional, willful and
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without regard to Nicoles rights.
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30.
Nicole has been and will continue to be irreparably harmed and
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damaged by SLs conduct, and Nicole lacks an adequate remedy at law to
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compensate for this harm and damage.
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31.
Nicole is informed and believes, and on that basis alleges, that SL has
gained profits by virtue of its infringement of Nicoles Design Mark.

32.
Nicole also has sustained damages as a direct and proximate result of
SLs infringement of Nicoles Design Mark in an amount to be proven at trial.

33.
Because SLs infringement has been committed with willfulness, and
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with intent to confuse and deceive the public, Nicole is entitled to treble its actual
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damages or SLs profits, whichever is greater, and to an award of costs and, this
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being an exceptional case, reasonable attorneys fees pursuant to 15 U.S.C. 1117.
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34.
Nicole is further entitled to an injunction preventing SL and its agents
and employees from further infringing Nicoles Design Mark, together with an
order that all of the goods in possession of the SL and bearing the infringing mark
be impounded pending resolution of this action and thereafter destroyed.
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SECOND CLAIM FOR RELIEF
(COMMON LAW TRADEMARK INFRINGEMENT
AGAINST ALL DEFENDANTS)
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35.
complaint.
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Nicole incorporates the allegations of paragraphs 1 through 34 of this
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Nicoles Design Mark has been used extensively and without
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interruption, on a nationwide basis, and promoted throughout the United States in
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connection with Nicoles goods.
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37.
Nicoles common law trademark use of Nicoles Design Mark is
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inherently distinctive. As a result of Nicoles prior use and promotion of the
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Design Mark, the Design Mark has become well and favorably known throughout
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the United States. Nicoles Design Mark has developed exceedingly valuable good
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will.
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38.
SL has infringed the Design Mark by using a variation of the Design
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Mark on it services and goods, which infringing mark is strikingly and confusingly
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similar and/or a colorable imitation of Nicoles Design Mark.
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39.
SLs use of the infringing mark is likely to cause confusion, or to
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cause mistake, or to deceive the consumer as to the affiliation, connection or
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association of Nicole with SL, or as to the origin, sponsorship, or approval of SLs
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goods or services.
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SLs use of the infringing mark enables SL to benefit unfairly from
Nicoles reputation and success, thereby giving SLs infringing products and
services sales a commercial value they would not have otherwise.
41.
Prior to SLs first use of the infringing mark, SL was aware of
Nicoles business and had knowledge of Nicoles use of its Design Mark. SLs
infringement of Nicoles Design Mark as described herein has been and continues
to be intentional, willful and without regard to Nicoles rights.
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40.
42.
Nicole is informed and believes, and on that basis alleges, that SL has
gained profits by virtue of its infringement of Nicoles Design Mark.

43.
The confusion, mistake, or deception referred to above arises out of
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acts alleged above that constitute common law trademark infringement and false
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designation of origin as that phrase is used in 15. U.S.C. 1125(a).
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44.
Nicole also sustained damages as a direct and proximate result of SLs
infringement of Nicoles Design Mark in an amount to be proven at trial.

45.
Nicole has been and will continue to be irreparably harmed and
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damaged by SLs conduct, and Nicole lacks an adequate remedy at law to
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compensate for this harm and damage. Nicole is entitled to an injunction
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preventing SL and its agents and employees from further infringing Nicoles
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Design Mark, together with an order that all of the goods in possession of the SL
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and bearing the infringing mark be impounded pending resolution of this action
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and thereafter destroyed.
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THIRD CLAIM FOR RELIEF
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(UNFAIR BUSINESS PRACTICES AGAINST ALL DEFENDANTS)
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(CALIFORNIA BUSINESS AND PROFESSIONS CODE)
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46.
Nicole incorporates the allegations of paragraphs 1 though 45 of this
complaint.
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The conduct of SL as alleged herein constitutes unfair business
practices and false advertising under California Business and Professions code
sections 17200 et seq. and 17500 et seq.
47.
48.
Nicole is entitled to an injunction preventing SL and its agents and
employees from selling, offering for sale, advertising, manufacturing, importing or
transporting, transferring or disposing of any goods bearing the infringing mark;
from offering any services in conjunction with use of the infringing mark; or taking
any other action reasonably likely to cause customer confusion. Nicole is also
entitled to an order that any goods bearing the infringing mark, in possession of SL
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and its agents and employees, be impounded pending resolution of this action and
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thereafter destroyed. Nicole is also entitled to an award of costs and attorneys fees
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incurred herein.
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FOURTH CLAIM FOR RELIEF
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(UNJUST ENRICHMENT AGAINST ALL DEFENDANTS)
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49.
Nicole incorporates the allegations of paragraphs 1 though 48 of this
complaint.
50.
As a result of the conduct alleged herein, SL has been unjustly
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enriched to Nicoles detriment. Nicole seeks an accounting and disgorgement of all
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ill gotten gains and profits resulting from SLs inequitable activities.
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WHEREFORE, Nicole prays for relief against SL as follows:
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A.
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For general damages and special damages according to proof, or
statutory damages at Nicoles election;
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B.
Treble damages for any infringement found to be willful;
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C.
For an accounting of SLs ill gotten profits;
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D.
For an injunction preventing SL and its agents and employees from
selling, offering for sale, advertising, manufacturing, importing or transporting,
transferring or disposing of any goods bearing the infringing mark; from offering
any services in conjunction with use of the infringing mark; or taking any other
action reasonably likely to cause customer confusion;
E.
For an order that any goods bearing the infringing mark, in possession
of SL and its agents and employees, be impounded pending resolution of this
action and thereafter destroyed;
F.
For an award of costs and attorneys fees incurred herein; and
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G.
For such other relief as is just.
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Bryan King Sheldon

George Busu
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Dated: January 22, 2015
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By:
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/s/ George Busu

George Busu
Attorneys for Plaintiff,
Nicole, Inc.
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DEMAND FOR JURY TRIAL
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Plaintiff Nicole, Inc. hereby demands a jury trial in this action.
Bryan King Sheldon

George Busu
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Dated: January 22, 2015
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By:
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/s/ George Busu

George Busu
Attorneys for Plaintiff,
Nicole, Inc.
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Case 2:15-cv-00501 Document 1 Filed 01/22/15 Page 1 of 13 Page ID #:1

Bryan King Sheldon (Bar No. 116219)

Attorneys for Plaintiff, Nicole, Inc.

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

LIM, RUGER & KIM, LLP

NICOLE, INC., a California

SKIN LAUNDRY LOS

Plaintiff Nicole, Inc. complains and alleges as follows against defendants

Case 2:15-cv-00501 Document 1 Filed 01/22/15 Page 2 of 13 Page ID #:2

JURISDICTION AND VENUE

This Court has subject matter jurisdiction under 15 U.S.C. 1121

trademark and/or unfair competition claim substantially related to trademark laws);

and 28 U.S.C. 1367 (supplemental jurisdiction).

Venue is proper in this court because plaintiff Nicole, Inc.s principal

business, is in Los Angeles, California, within the Central District of California;

the acts complained of occurred entirely or primarily within this district.

LIM, RUGER & KIM, LLP

Plaintiff Nicole, Inc. (Nicole) is a California corporation that

maintains its principal place of business in Los Angeles, California.

Defendant Skin Laundry Los Angeles, APC (SLLA) is a California

corporation that, on information and belief, maintains its principal place of

business in Los Angeles, California.

Defendant Skin Laundry Holdings, LLC (SLH) is a Delaware

collectively herein as SL.)

The true names and capacities, whether individual, corporate,

associate or otherwise, of the defendants sued as Does 1 through 10 are unknown

amend this pleading accordingly.

Case 2:15-cv-00501 Document 1 Filed 01/22/15 Page 3 of 13 Page ID #:3

named defendant upon the claims hereinafter set forth.

and scope of that agency, service or employment.

LIM, RUGER & KIM, LLP

NICOLES BUSINESS AND ITS MARKS

Nicole designs, develops, manufactures, markets, distributes and sells

by registered United States copyrights. Nicoles innovative products are widely

action to stop infringers.

Nicole owns several trademarks registered with the United States

Patent and Trademark Office (USPTO) related to its business of designing,

manufacturing and distributing fashion apparel and accessories.

Nicole owns a registered United States trademark for the NICOLE

United States trademark registration number 3,530,177, registered on November

commerce, since at least as early as November 2, 2003 (the Word Mark).

Case 2:15-cv-00501 Document 1 Filed 01/22/15 Page 4 of 13 Page ID #:4

Nicole also owns a registered United States trademark for handbags

number 4,021,725, registered on September 6, 2011 (the Design Mark). Nicole

LIM, RUGER & KIM, LLP

Nicole has a pending trademark registration application with the

2014, was assigned a USPTO application serial number of 86281692, and is

Case 2:15-cv-00501 Document 1 Filed 01/22/15 Page 5 of 13 Page ID #:5

Nicole markets, distributes and sells fashion apparel and accessories,

China, Japan and South Korea.

LIM, RUGER & KIM, LLP

following countries: Austria, Australia, Bahrain, Belgium, Brazil, Bulgaria,

Canada, China, Colombia, Croatia, Cyprus, Czech Republic, Denmark, Dominican

Republic, Ecuador, Egypt, Estonia, Finland, France, Germany, Great Britain,

(South), Kuwait, Latvia, Lebanon, Lithuania, Luxembourg, Malta, Mexico,

Netherlands, Panama, Qatar, Philippines, Poland, Portugal, Romania, Russia,

Turkey, United Kingdom, United States of America, and Venezuela.

Since 2009, Nicole has operated a website at www.nicoleleeusa.com

on its website at www.nicoleleeonline.com.

China, Hong Kong, Mexico and Colombia.

Case 2:15-cv-00501 Document 1 Filed 01/22/15 Page 6 of 13 Page ID #:6