TRUE Religion APPAREL, INC. And GURU DENIM, INC. Bring the present action against Defendants DOES 1-100. This Court has original subject matter jurisdiction over the claims in this action. Venue is proper in This Court pursuant to 28 U.S.C. SS 1391, and This Court may properly exercise personal jurisdiction.
TRUE Religion APPAREL, INC. And GURU DENIM, INC. Bring the present action against Defendants DOES 1-100. This Court has original subject matter jurisdiction over the claims in this action. Venue is proper in This Court pursuant to 28 U.S.C. SS 1391, and This Court may properly exercise personal jurisdiction.
TRUE Religion APPAREL, INC. And GURU DENIM, INC. Bring the present action against Defendants DOES 1-100. This Court has original subject matter jurisdiction over the claims in this action. Venue is proper in This Court pursuant to 28 U.S.C. SS 1391, and This Court may properly exercise personal jurisdiction.
COMPLAINT Plaintiffs TRUE RELIGION APPAREL, INC. and GURU DENIM, INC. (collectively, True Religion or Plaintiffs) hereby bring the present action against Defendants DOES 1-100 identified on Schedule A attached hereto (collectively, Defendants) and allege as follows: I. JURISDICTION AND VENUE 1. This Court has original subject matter jurisdiction over the claims in this action pursuant to the provisions of the Lanham Act, 15 U.S.C. 1051 et seq., 28 U.S.C. 1338(a) and (b), and 28 U.S.C. 1331. This Court has jurisdiction over the claims in this action that arise under the laws of the State of Illinois pursuant to 28 U.S.C. 1367(a), because the state law claims are so related to the federal claims that they form part of the same case or controversy and derive from a common nucleus of operative facts. 2. Venue is proper in this Court pursuant 28 U.S.C. 1391, and this Court may properly exercise personal jurisdiction over Defendants since each of the Defendants directly targets business activities toward consumers in Illinois and causes harm to True Religions Case: 1:12-cv-09894 Document #: 1 Filed: 12/12/12 Page 1 of 19 PageID #:1 2
business within this Judicial District. Through at least the fully interactive commercial Internet websites operating under the Defendant Domain Names identified in Schedule A attached hereto (collectively, the Defendant Internet Stores), each of the Defendants has targeted and solicited sales from Illinois residents by operating online stores that offer shipping to Illinois, accept payment in U.S. dollars and, on information and belief, has sold counterfeit True Religion products to residents of Illinois. Each of the Defendants is committing tortious acts in Illinois, is engaging in interstate commerce, and has wrongfully caused True Religion substantial injury in the State of Illinois. II. INTRODUCTION 3. This action is filed to combat the continued unlawful use of the Defendant Internet Stores which trade upon True Religions reputation and goodwill to sell and/or offer for sale unlicensed and counterfeit products featuring True Religions federally-registered trademarks. True Religion has been and continues to be irreparably damaged through consumer confusion, dilution, and tarnishment of its valuable TRUE RELIGION Trademarks (as defined below) as a result of Defendants actions and seeks injunctive and monetary relief. III. THE PARTIES Plaintiffs 4. Plaintiff True Religion Apparel, Inc. is a corporation duly organized and existing under the laws of the State of California, with its principal place of business in Vernon, California. 5. Plaintiff Guru Denim, Inc. is a corporation duly organized and existing under the laws of the State of California, with its principal place of business in Vernon, California. Guru Denim, Inc. is a wholly-owned subsidiary of True Religion Apparel, Inc. Case: 1:12-cv-09894 Document #: 1 Filed: 12/12/12 Page 2 of 19 PageID #:2 3
6. True Religion is a leading designer of popular, high-quality, designer garments, including jeanswear, sportswear, accessories and other products under the trademark and trade name TRUE RELIGION which it displays prominently on all of its apparel (the True Religion Products). 7. The TRUE RELIGION Brand was founded in 2002, by entrepreneur Jeffrey Lubell when he sought to redefine the premium denim category. Mr. Lubells vision was to make quality, American-made, authentic, timeless, great fitting, 1970s inspired jeans wear, with a trendsetting appeal for todays consumer. Today, True Religion is known not only for its premium jeanswear, but also for its knit and woven sportswear, such as t-shirts, western shirts, sweatshirts and sweatpants that all have that vintage feel. Mr. Lubell currently serves as True Religions Chief Executive Officer (CEO) and Chairman of the Board of Directors. 8. Among the most well-known and popular of the True Religion Products are its iconic TRUE RELIGION Brand jeans bearing True Religions famous logos:
9. True Religion Products have become known for their distinctive styles and high- quality materials and workmanship. True Religion Products are regularly the subject of much unsolicited, laudatory press coverage in various media, including editorial coverage in fashion and lifestyle magazines such as Vanity Fair, People, Lucky, US Weekly, Nylon, Womens Wear Daily, Vogue, Marie Claire, Elle and In Style in addition to numerous magazines in several other countries worldwide. Case: 1:12-cv-09894 Document #: 1 Filed: 12/12/12 Page 3 of 19 PageID #:3 4
10. True Religion maintains strict quality control standards for all of its True Religion Products. Genuine True Religion Products are inspected and approved by True Religion or its agents prior to distribution and sale. 11. Genuine True Religion Products are distributed in over one hundred True Religion owned boutiques in the United States, including several in Illinois, and through True Religions Internet web store located at www.truereligionbrandjeans.com (the True Religion Web Store), which it launched in 2003. Genuine True Religion Products are also distributed through a worldwide network of authorized licensees, distributors, and retailers, including high- end department stores such as Neiman Marcus, Nordstroms, Barneys New York, Saks Fifth Avenue and Bloomingdales and numerous high-end specialty boutiques. 12. The True Religion Web Store features True Religions proprietary images and designs, including images of the True Religion Products. True Religion has devoted and continues to devote a great deal of time and resources to creating these images and designs as part of its seasonal ad campaigns and to maintaining and refreshing its True Religion Web Store. The True Religion Web Store features music, video, and regular updates from True Religions Facebook page (which is Liked by over 891,000 fans) and Twitter feed (which is Followed by more than 17,000 fans). The True Religion Web Store is extremely popular, enjoying hundreds of thousands of unique visitors per month. A significant portion of True Religions sales of True Religion Products are made on the True Religion Web Store. A true and correct copy of a portion of the True Religion Web Store is attached hereto as Exhibit 1. 13. Co-Plaintiff Guru Denim, Inc., a wholly-owned subsidiary of co-Plaintiff True Religion, Inc., is the owner of a well-established family of famous trademarks (hereinafter, the Case: 1:12-cv-09894 Document #: 1 Filed: 12/12/12 Page 4 of 19 PageID #:4 5
TRUE RELIGION Trademarks), including, inter alia, TRUE RELIGION, and for use with its collection of jeanswear, sportswear, accessories and other products. In addition to the common law rights True Religion has developed in the TRUE RELIGION Trademarks, True Religion is the owner of numerous federal trademark and service mark registrations with the U.S. Patent and Trademark Office for the TRUE RELIGION Trademarks, including, inter alia, the following federal registrations: Registration Number Trademark Goods and Services 2,917,187
LABEL FOR CLOTHING, NAMELY, MEN'S, WOMEN'S, AND CHILDREN'S PANTS, SLACKS, JEANS, SHORTS, OVERALLS, SHIRTS, T-SHIRTS, BLOUSES, VESTS, SKIRTS, JACKETS, SWEATERS, SWEATSHIRTS, SWEATPANTS, AND HATS, CLASS 25. 3,162,614 TRUE RELIGION CLOTHING, NAMELY, PANTS, JEANS, JACKETS, SKIRTS, SHORTS, SWEATPANTS, SWEATSHIRTS, AND VESTS, CLASS 25. 3,162,615 TRUE RELIGION ON-LINE RETAIL STORE SERVICES FEATURING CLOTHING; RETAIL STORE SERVICES FEATURING CLOTHING, CLASS 35. 3,120,797 TRUE RELIGION BRAND JEANS CLOTHING, NAMELY, PANTS, JEANS, JACKETS, SKIRTS, SHORTS, SWEATPANTS, SWEATSHIRTS, AND VESTS, CLASS 25. Case: 1:12-cv-09894 Document #: 1 Filed: 12/12/12 Page 5 of 19 PageID #:5 6
3,120,798 TRUE RELIGION BRAND JEANS ON-LINE RETAIL STORE SERVICES FEATURING CLOTHING; RETAIL STORE SERVICES FEATURING CLOTHING, CLASS 35. 3,147,244 PANTS, JEANS, JACKETS, SHORTS AND SKIRTS, CLASS 25. 3,482,001
CLOTHING, NAMELY, MEN'S, WOMEN'S, AND CHILDREN'S PANTS, JEANS, SHORTS, OVERALLS, SHIRTS, T-SHIRTS, BLOUSES, VESTS, SKIRTS, JACKETS, COATS, SWEATERS, SWEATSHIRTS, SWEATPANTS, HATS, BELTS AND SHOES, CLASS 25. 3,490,283 PANTS, JEANS, SHORTS, OVERALLS, SHIRTS, T-SHIRTS, VESTS, SKIRTS, JACKETS, SWEATSHIRTS, SWEATPANTS, DRESSES, HOODED SWEATSHIRTS, TOPS, BLOUSES AND FOOTWEAR, CLASS 25. 3,561,465 PANTS, JEANS, CLASS 25. 3,561,466 PANTS, JEANS AND JACKETS AND SHORTS, CLASS 25. Case: 1:12-cv-09894 Document #: 1 Filed: 12/12/12 Page 6 of 19 PageID #:6 7
BATHING SUITS, BATHING TRUNKS, BEACHWEAR, BIKINIS, BLOUSES, BOOTS, CAPS, COATS, DRESSES, FOOTWEAR, HATS, HEADWEAR, JACKETS, JEANS, NECKWEAR, PANTS, SANDALS, SCARVES, SHAWLS, SHIRTS, SHOES, SHORTS, SKIRTS, SNEAKERS, SWEAT PANTS, SWEATSHIRTS, SWIMWEAR, T-SHIRTS, TOPS, TANK TOPS, VESTS, CLASS 25. 3,884,465 TRUE RELIGION EYEWEAR, NAMELY, EYEGLASS FRAMES, CASES AND SUNGLASSES, CLASS 9; TOWELS, CLASS 24. 3,975,909 HIPPIE CHIC BATH GELS, BODY CREAMS, BODY LOTIONS, BODY WASH, EAU DE PARFUM, FRAGRANCES, PERFRUME, SHOWER GELS, CLASS 3. Case: 1:12-cv-09894 Document #: 1 Filed: 12/12/12 Page 7 of 19 PageID #:7 8
3,978,250
ADVERTISING VIA ELECTRONIC MEDIA AND SPECIFICALLY THE INTERNET; ON-LINE RETAIL STORE SERVICES FEATURING APPAREL, FOOTWEAR AND FASHION ACCESSORIES; WHOLESALE AND RETAIL STORE SERVICES FEATURING APPAREL, FOOTWEAR AND FASHION ACCESSORIES, CLASS 35.
14. All of the registrations listed above are valid, subsisting, unrevoked and uncancelled, and most of them have become incontestable pursuant to 15 U.S.C. 1065. True Religion also owns common law rights in these and other marks. True and correct copies of the federal trademark registrations for the TRUE RELIGION Trademarks are attached hereto as Exhibit 2. 15. The TRUE RELIGION Trademarks are unique and distinctive when applied to high-quality jeanswear, sportswear, accessories and other products, and identify the merchandise as high-quality goods from TRUE RELIGION. The registrations for the TRUE RELIGION Trademarks constitute prima facie evidence of their validity and conclusive evidence of TRUE RELIGIONs exclusive right to use the TRUE RELIGION Trademarks. 16. The TRUE RELIGION Trademarks qualify as famous marks, as that term is used in 15 U.S.C. 1125 (c)(1), and have been continuously used and never abandoned. 17. In addition to the TRUE RELIGION Trademarks, consumers identify and seek TRUE RELIGION Products by looking for the TRUE RELIGION Design Label that appears above the back pocket of genuine TRUE RELIGION jeanswear: (the TRUE Case: 1:12-cv-09894 Document #: 1 Filed: 12/12/12 Page 8 of 19 PageID #:8 9
RELIGION Design Label). True Religion owns a U.S. trademark registration (Reg. No. 2,917,187) for the TRUE RELIGION Design Label. The United States Copyright Office re- issued the Certificate of Registration for the TRUE RELIGION Design Label on or about February 5, 2009 (Copyright Reg. No. VA 1,698,310), a true and correct copy of which is attached hereto as Exhibit 3. The TRUE RELIGION Design Label was created by Jeffrey Lubell in 2002, who assigned the entire right in and to the work to True Religion. 18. True Religion is also the owner of the entire right, title and interest in and to U.S. Design Patent Number D547,530 for the ornamental stitch pattern applied to jeanswear or other apparel, which constitutes patentable subject matter and was registered with the United States Patent and Trademark Office on or about July 31, 2007 (the True Religion Patent). A copy of the True Religion Patent is annexed hereto as Exhibit 4. The ornament stitch pattern was invented by Jeffrey Lubell in or about 2005, who assigned the entire right in and to the True Religion Patent to True Religion. 19. True Religion has used and is currently using the TRUE RELIGION Trademarks and Designs in commerce on or in connection with its sale of True Religion Products, and plans to continue such use in the future. 20. True Religion has carefully built its reputation by, among other things, adhering to strict quality control standards. As such, genuine True Religion Products are manufactured pursuant to specific, stringent guidelines. 21. True Religion prominently displays the TRUE RELIGION Trademarks in its advertising and promotional materials. True Religion has spent substantial amounts in advertising and promoting the TRUE RELIGION Trademarks and True Religion Products. The continuous and broad use of the TRUE RELIGION Trademarks in connection with True Case: 1:12-cv-09894 Document #: 1 Filed: 12/12/12 Page 9 of 19 PageID #:9 10
Religion Products has enabled TRUE RELIGION to achieve widespread fame, and has made the TRUE RELIGION Trademarks themselves among the most famous and widely-recognized marks in the United States. 22. Consumers, potential consumers and other members of the public not only associate True Religion Products with exceptional materials, style and workmanship, but also recognize that True Religion Products originate exclusively from True Religion. Consequently, True Religion has acquired and enjoys an outstanding reputation and significant goodwill associated with the TRUE RELIGION Trademarks in connection with the True Religion Products, and the TRUE RELIGION Trademarks are invaluable assets to True Religion. The Defendants 23. Defendants are individuals and business entities who, upon information and belief, reside in foreign jurisdictions. Defendants conduct business throughout the United States, including within the State of Illinois and this Judicial District, through the operation of the fully interactive commercial websites operating under the Defendant Internet Stores. Each Defendant targets Illinois residents and has offered to sell, and on information and belief, has sold and continues to sell his/her products to consumers within the State of Illinois. 24. On information and belief, Defendants are a group of counterfeiters acting in active concert or copying from each other and are knowingly and willfully manufacturing, importing, distributing, offering for sale and selling products bearing counterfeits of the TRUE RELIGION Trademarks to Illinois residents. Defendants are directly and personally contributing to, inducing and engaging in the sale of counterfeit True Religion products as alleged herein, and on information and belief, oftentimes as partners, co-conspirators and/or suppliers in the same transaction, occurrence, or series of transactions or occurrences. The counterfeit products for Case: 1:12-cv-09894 Document #: 1 Filed: 12/12/12 Page 10 of 19 PageID #:10 11
sale on the Defendant Internet Stores bear similar irregularities and indicia of being counterfeit to one another, indicating that the counterfeit products were manufactured by and come from a common source and that Defendants are interrelated. In addition, the websites linked to the Defendant Domain Names include multiple similarities, such as page layout, payment methods, check-out methods, hosting services, text and copyright-protected images copied from the True Religion Web Store. 25. On information and belief, Defendants use multiple fictitious names and addresses to register and operate the Defendant Internet Stores. Many of Defendants names and addresses used to register the Defendant Internet Stores are incomplete, contain randomly typed letters, or fail to include cities or states. With respect to the Defendant Domain Names, many Defendants use a privacy service that conceals the owners identity and contact information and many accounts are registered to the same alias. On information and belief, Defendants will likely continue to register new internet stores, using the identities listed in Schedule A to the Complaint, as well as other unknown fictitious names and addresses, for the purpose of selling counterfeit True Religion products. However, Defendants use at least the aliases identified on Schedule A to conduct their counterfeit business. IV. DEFENDANTS UNLAWFUL CONDUCT 26. Defendants engage in the offering for sale and the sale of counterfeit True Religion products bearing the TRUE RELIGION Trademarks within this Judicial District through the Defendant Internet Stores. Defendants, upon information and belief, also operate additional websites which promote and offer for sale counterfeit goods under domain names not yet known to True Religion. Defendants have purposefully directed their illegal activities toward Case: 1:12-cv-09894 Document #: 1 Filed: 12/12/12 Page 11 of 19 PageID #:11 12
the United States and consumers in the State of Illinois through advertisement, offering for sale, and, on information and belief, sale of counterfeit True Religion products into this State. 27. Defendants, without any authorization or license from True Religion, have knowingly and willfully used and continue to use the TRUE RELIGION Trademarks in connection with the advertisement, offering for sale, and sale of counterfeit True Religion products into the United States and Illinois over the Internet. Each Defendant Internet Store offers shipping to Illinois residents and, on information and belief, each Defendant has sold counterfeit True Religion products into Illinois. 28. Defendants facilitate sales by designing their websites so that they appear to unknowing consumers to be authorized online retailers or outlet stores selling genuine True Religion products. Many of the websites are sophisticated in appearance, written in English, and accept payment in U.S. dollars. 29. Many of the Defendant Domain Names incorporate the TRUE RELIGION Trademarks into the URL, and many include True Religions copyright-protected content, images and product descriptions, making it very difficult for a consumer to distinguish such counterfeit sites from an authorized retailer. 30. On information and belief, the websites at the Defendant Domain Names each accept payment via credit card and/or PayPal and ship the counterfeit products via the U.S. Postal Service in small quantities to minimize detection by U.S. Customs and Border Protection. 31. Defendants further perpetuate the illusion of legitimacy by offering live 24/7 customer service and fraudulently using indicia of authenticity and security that consumers have come to associate with authorized retailers, including the McAfee Security, VeriSign, Visa, MasterCard and PayPal logos. Case: 1:12-cv-09894 Document #: 1 Filed: 12/12/12 Page 12 of 19 PageID #:12 13
32. Defendants use of the TRUE RELIGION Trademarks in connection with the advertising, distribution, offering for sale and sale of counterfeit True Religion products, including the sale of counterfeit True Religion products into Illinois, is causing and has caused confusion, mistake and deception by and among consumers and is irreparably harming True Religion. COUNT I TRADEMARK INFRINGEMENT AND COUNTERFEITING (15 U.S.C. 1114)
33. True Religion re-alleges and incorporates by reference the allegations set forth in paragraphs 1 through 32. 34. This is a trademark infringement action against Defendants based on their unauthorized use in commerce of counterfeit imitations of the registered TRUE RELIGION Trademarks in connection with the sale, offering for sale, distribution, and/or advertising of infringing goods. The TRUE RELIGION Trademarks are highly distinctive marks. Consumers have come to expect the highest quality from True Religions products sold or marketed under the TRUE RELIGION Trademarks. 35. Defendants have sold, offered to sell, marketed, distributed and advertised, and are still selling, offering to sell, marketing, distributing and advertising products bearing counterfeit reproductions of the TRUE RELIGION Trademarks without True Religions permission. 36. Upon information and belief, Defendants are willfully infringing and have knowledge of True Religions rights in the TRUE RELIGION Trademarks. Defendants unauthorized use of the TRUE RELIGION Trademarks is likely to cause and is causing confusion, mistake, and deception as to the origin and quality of the counterfeit goods among the general public. Case: 1:12-cv-09894 Document #: 1 Filed: 12/12/12 Page 13 of 19 PageID #:13 14
37. Defendants illegal activities constitute trademark infringement and counterfeiting under Section 32 of the Lanham Act, 15 U.S.C. 1114. 38. True Religion has no adequate remedy at law, and if Defendants actions are not enjoined, True Religion will continue to suffer irreparable harm to its reputation and the goodwill of its well-known TRUE RELIGION Trademarks. 39. The injuries and damages sustained by True Religion have been directly and proximately caused by Defendants wrongful reproduction, use, advertisement, promotion, offering to sell, and sale of counterfeit True Religion products. COUNT II FALSE DESIGNATION OF ORIGIN (15 U.S.C. 1125(a))
40. True Religion hereby re-alleges and incorporates by reference the allegations set forth in paragraphs 1 through 39. 41. Defendants promotion, marketing, offering for sale and sale of counterfeit True Religion products has created and is creating a likelihood of confusion, mistake, and deception among the general public as to the affiliation, connection or association with True Religion or to the origin, sponsorship, or approval of Defendants counterfeit True Religion products by True Religion. 42. By using the TRUE RELIGION Trademarks on the counterfeit products, Defendants create a false designation of origin and a misleading representation of fact as to the origin and sponsorship of the counterfeit products. 43. Defendants false designation of origin and misrepresentation of fact as to the origin and/or sponsorship of the counterfeit products to the general public is a violation of Section 43 of the Lanham Act, 15 U.S.C. 1125. Case: 1:12-cv-09894 Document #: 1 Filed: 12/12/12 Page 14 of 19 PageID #:14 15
44. True Religion has no adequate remedy at law and, if Defendants actions are not enjoined, True Religion will continue to suffer irreparable harm to its reputation and the goodwill of its brand. COUNT III CLAIM FOR INJUNCTIVE RELIEF UNDER THE ANTICYBERSQUATTING CONSUMER PROTECTION ACT (15 U.S.C. 1125(d)) AS TO THE DEFENDANTS OPERATING A DEFENDANT DOMAIN NAME INCORPORATING THE TRUE RELIGION WORD MARK
45. True Religion hereby re-alleges and incorporates by reference the allegations set forth in paragraphs 1 through 44. 46. True Religion is the exclusive owner of the TRUE RELIGION Trademarks. The TRUE RELIGION Trademarks, as well as True Religions International Trademark Registrations, are in full force and effect. Additionally, the TRUE RELIGION Trademarks are famous marks pursuant to 15 U.S.C. 1125 and were famous before and at the time of the registration of the Defendant Domain Names. 47. Upon information and belief, Defendants have acted with the bad faith intent to profit from the unauthorized use of the TRUE RELIGION Trademarks and the goodwill associated therewith by registering various domain names which are identical to, confusingly similar to or dilutive of the TRUE RELIGION Trademarks. 48. Defendants have no intellectual property rights in or to the TRUE RELIGION Trademarks. 49. Defendants actions constitute cyberpiracy in violation of 43(d) of the Lanham Act, 15 U.S.C. 1125(d). Case: 1:12-cv-09894 Document #: 1 Filed: 12/12/12 Page 15 of 19 PageID #:15 16
50. True Religion has no adequate remedy at law, and the registration and use of the Defendant Domain Names has caused, is causing, and is likely to continue to cause substantial and irreparable injury to the public and to True Religion. COUNT IV VIOLATION OF ILLINOIS UNIFORM DECEPTIVE TRADE PRACTICES ACT (815 ILCS 510, et seq.)
51. True Religion hereby re-alleges and incorporates by reference the allegations set forth in paragraphs 1 through 50. 52. Defendants have engaged in acts violating Illinois law including, but not limited to, passing off their products as those of True Religion, causing a likelihood of confusion and/or misunderstanding as to the source of their goods, causing a likelihood of confusion and/or misunderstanding as to an affiliation, connection, or association with True Religions products, representing that their products have True Religions approval when they do not, and engaging in other conduct which creates a likelihood of confusion or misunderstanding among the public. 53. The foregoing Defendants acts constitute a violation of the Illinois Uniform Deceptive Trade Practices Act, 815 Ill. Comp. Stat. 510, et seq. 54. True Religion has no adequate remedy at law, and Defendants conduct has caused True Religion to suffer damage to its reputation and goodwill. Unless enjoined by the Court, True Religion will suffer future irreparable harm as a direct result of Defendants unlawful activities. PRAYER FOR RELIEF WHEREFORE, True Religion prays for judgment against Defendants as follows: Case: 1:12-cv-09894 Document #: 1 Filed: 12/12/12 Page 16 of 19 PageID #:16 17
1) That Defendants, their officers, agents, servants, employees, attorneys, confederates, and all persons acting for, with, by, through, under or in active concert with them be temporarily, preliminarily and permanently enjoined and restrained from: a. using the TRUE RELIGION Trademarks or any reproductions, counterfeit copies or colorable imitations thereof in any manner in connection with the distribution, marketing, advertising, offering for sale, or sale of any product that is not a genuine True Religion product or is not authorized by True Religion to be sold in connection with the TRUE RELIGION Trademarks; b. passing off, inducing, or enabling others to sell or pass off any product as a genuine True Religion product or any other product produced by True Religion, that are not True Religions or not produced under the authorization, control or supervision of True Religion and approved by True Religion for sale under the TRUE RELIGION Trademarks; c. committing any acts calculated to cause consumers to believe that Defendants products are those sold under the authorization, control or supervision of True Religion, or sponsored or approved by, or connected with True Religion; d. further infringing the TRUE RELIGION Trademarks and damaging True Religions goodwill; e. otherwise competing unfairly with True Religion in any manner; f. shipping, delivering, holding for sale, transferring or otherwise moving, storing, distributing, returning, or otherwise disposing of, in any manner, products or inventory not manufactured by or for True Religion, nor authorized by True Religion Case: 1:12-cv-09894 Document #: 1 Filed: 12/12/12 Page 17 of 19 PageID #:17 18
to be sold or offered for sale, and which bear any of the TRUE RELIGION Trademarks or any reproductions, counterfeit copies or colorable imitations thereof; g. using, linking to, transferring, selling, exercising control over, or otherwise owning the Defendant Domain Names or any other domain name that is being used to sell counterfeit True Religion products; and h. operating and/or hosting websites at the Defendant Domain Names and any other domain names registered or operated by Defendants that are involved with the distribution, marketing, advertising, offering for sale, or sale of any product that is not a genuine True Religion product or not authorized by True Religion to be sold in connection with the TRUE RELIGION Trademarks; and 2) That Defendants, within fourteen (14) days after service of judgment with notice of entry thereof upon them, be required to file with the Court and serve upon True Religion a written report under oath setting forth in detail the manner in which Defendants have complied with paragraph 1, a through h, supra; 3) Entry of an Order that the domain name registries for the Defendant Domain Names, namely VeriSign, Inc., Neustar, Inc., Afilias Limited and the Public Interest Registry, within two (2) business days of receipt of this Order, shall unlock and change the registrar of record for the Defendant Domain Names to a registrar of True Religions selection until further ordered by this Court, and that the domain name registrars take any steps necessary to transfer the Defendant Domain Names to a registrar of True Religions selection until further ordered by this Court; 4) Entry of an Order that, upon True Religions request, those in privity with Defendants and those with notice of the injunction, Internet search engines, Web hosts, social media Case: 1:12-cv-09894 Document #: 1 Filed: 12/12/12 Page 18 of 19 PageID #:18 19
websites, domain name registrars and domain name registries that are provided with notice of the injunction, cease facilitating access to any and all websites and accounts through which Defendants engage in the sale of counterfeit products bearing the TRUE RELIGION Trademarks; 5) That Defendants account for and pay to True Religion all profits realized by Defendants by reason of Defendants unlawful acts herein alleged and that the amount of damages for infringement of the TRUE RELIGION Trademarks be increased by a sum not exceeding three times the amount thereof as provided by law; 6) In the alternative, that True Religion be awarded statutory damages pursuant to 15 U.S.C. 1117(c)(2) of $2,000,000 for each and every use of the TRUE RELIGION Trademarks and $100,000 per domain name pursuant to 15 U.S.C. 1117(d); 7) That True Religion be awarded its reasonable attorneys fees and costs; and 8) Award any and all other relief that this Court deems just and proper.
Dated this 12 th day of December 2012. Respectfully submitted,
__/s/ Justin R. Gaudio_______________ Kevin W. Guynn Amy C. Ziegler Justin R. Gaudio Greer, Burns & Crain, Ltd. 300 South Wacker Drive Suite 2500 Chicago, Illinois 60606 312.360.0080 312.360.9315 (facsimile) kguynn@gbclaw.net aziegler@gbclaw.net jgaudio@gbclaw.net
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Exhibit 2 Case: 1:12-cv-09894 Document #: 1-2 Filed: 12/12/12 Page 1 of 17 PageID #:25 Case 1:11-cv-08242-HB Document 8-1 Filed 11/15/11 Page 13 of 31 Case: 1:12-cv-09894 Document #: 1-2 Filed: 12/12/12 Page 2 of 17 PageID #:26 Int. Cl.: 25 Prior U.S. Cis.: 22 and 39 United States Patent and Trademark Office Reg. No. 2,917,187 Registered Jan. 11, 2005 TRADEMARK PRINCIPAL REGISTER WORlD TOUR hlliiM UA TU llltJII StCTfOk ow SUT GURU DENIM, INC. (CALIFORNIA CORPORA- TION) 1525 RIO VISTA A VENUE LOS ANGELES, CA 90023 FOR: LABEL FOR CLOTHING, NAMELY MEN'S, WOMEN'S, AND CHILDREN'S PANTS, SLACKS. JEANS, SHORTS, OVERALLS, SHIRTS, T-SHIRTS. BLOUSES, VESTS, SKIRTS, JACKETS, COATS, SWEATBRS. SWEATSHIRTS, SWEATPANTS. AND HATS, IN CLASS 25 (U.S. CLS. 22 AND 39). . FIRST USE 10-1-2002; IN COMMERCE 10-1-2002. OWNER OF U.S. REG. NO. 2.761.793. NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BRAND JEANS", APART FROM THE MARK AS SHOWN. SER. NO. 78-168,436. FILED 9-26-2002. PRISCILLA MIL TON. EXAMINING ATTORNEY Case 1:11-cv-08242-HB Document 8-1 Filed 11/15/11 Page 18 of 31 Case: 1:12-cv-09894 Document #: 1-2 Filed: 12/12/12 Page 3 of 17 PageID #:27 Int. Cl.: 25 Prior U.S. Cis.: 22 and 39 United States Patent and Trademark Office Reg. No. 3,162,614 Registered Oct. 24, 2006 TRADEMARK PRINCIPAL REGISTER TRUE RELIGION GURU DENIM, INC. (CALIFORNIA CORPORA- TION) 1525 RIO VISTA A VENUE LOS ANGELES, CA 90023 FOR: CLOTHING, NAMELY, PANTS, JEANS, JACKETS, SKIRTS, SHORTS, SWEATPANTS, SWEATSHIRTS, AND VESTS, IN CLASS 25 (U.S. CLS. 22 AND 39). FIRST USE 8-1-2002; IN COMMERCE 8-1-2002. THE MARK CONSISTS OF STANDARD CHAR- ACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT, STYLE, SIZE, OR COLOR. OWNER OF U.S. REG. NOS. 2,761,793 AND 2,917,187. SER. NO. 78-769,351, FILED 12-8-2005. MICHAEL WEBSTER, EXAMINING ATTORNEY Case 1:11-cv-08242-HB Document 8-1 Filed 11/15/11 Page 19 of 31 Case: 1:12-cv-09894 Document #: 1-2 Filed: 12/12/12 Page 4 of 17 PageID #:28 Int. Cl.: 35 Prior U.S. Cis.: 100, 101 and 102 United States Patent and Trademark Office Reg. No. 3,162,615 Registered Oct. 24, 2006 SERVICE MARK PRINCIPAL REGISTER TRUE RELIGION GURU DENIM, INC. (CALIFORNIA CORPORA- TION) 1525 RIO VISTA A VENUE LOS ANGELES, CA 90023 FOR: ON-LINE RETAIL STORE SERVICES FEA- TURING CLOTHING; RETAIL STORE SERVICES FEATURING CLOTHING, IN CLASS 35 (U.S. CLS. 100, 101 AND 102). FIRST USE 4-26-2005; IN COMMERCE 4-26-2005. THE MARK CONSISTS OF STANDARD CHAR- ACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT, STYLE, SIZE, OR COLOR. OWNER OF U.S. REG. NOS. 2,761,793 AND 2,917,187. SER. NO. 78-769,353, FILED 12-8-2005. MICHAEL WEBSTER, EXAMINING ATTORNEY Case 1:11-cv-08242-HB Document 8-1 Filed 11/15/11 Page 16 of 31 Case: 1:12-cv-09894 Document #: 1-2 Filed: 12/12/12 Page 5 of 17 PageID #:29 Int. Cl.: 25 Prior U.S. Cis.: 22 and 39 United States Patent and Trademark Office Reg. No. 3,120,797 Registered July 25, 2006 TRADEMARK PRINCIPAL REGISTER TRUE RELIG-ION BRAND JEANS GURU DENIM, INC. (CALIFORNIA CORPORA- TION) 1525 RIO VISTA A VENUE LOS ANGELES, CA 90023 FOR: CLOTHING, NAMELY, PANTS, JEANS, JACKETS, SKIRTS, SHORTS, SWEATPANTS, SWEATSHIRTS, AND VESTS, IN CLASS 25 (U.S. CLS. 22 AND 39). FIRST USE 8-1-2002; IN COMMERCE 8-1-2002. THE MARK CONSISTS OF STANDARD CHAR- ACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT, STYLE, SIZE, OR COLOR. OWNER OF U.S. REG. NOS. 2,761,793 AND 2,917,187. NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BRAND JEANS", APART FROM THE MARK AS SHOWN. SER. NO. 78-769,345, FILED 12-8-2005. BONNIE LUKEN, EXAMINING ATTORNEY Case 1:11-cv-08242-HB Document 8-1 Filed 11/15/11 Page 17 of 31 Case: 1:12-cv-09894 Document #: 1-2 Filed: 12/12/12 Page 6 of 17 PageID #:30 Int. Cl.: 35 Prior U.S. Cis.: 100, 101 and 102 United States Patent and Trademark Office Reg. No. 3,120,798 Registered July 25, 2006 SERVICE MARK PRINCIPAL REGISTER TRUE RELIG-ION BRAND JEANS GURU DENIM, INC. (CALIFORNIA CORPORA- TION) 1525 RIO VISTA A VENUE LOS ANGELES, CA 90023 FOR: ON-LINE RETAIL STORE SERVICES FEA- TURING CLOTHING; RETAIL STORE SERVICES FEATURING CLOTHING, IN CLASS 35 (U.S. CLS. 100, 101 AND 102). FIRST USE 4-26-2005; IN COMMERCE 4-26-2005. THE MARK CONSISTS OF STANDARD CHAR- ACTERS WITHOUT CLAIM TO ANY PARTICULAR FONT, STYLE, SIZE, OR COLOR. OWNER OF U.S. REG. NOS. 2,761,793 AND 2,917,187. NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BRAND JEANS", APART FROM THE MARK AS SHOWN. SER. NO. 78-769,347, FILED 12-8-2005. BONNIE LUKEN, EXAMINING ATTORNEY Case 1:11-cv-08242-HB Document 8-1 Filed 11/15/11 Page 2 of 31 Case: 1:12-cv-09894 Document #: 1-2 Filed: 12/12/12 Page 7 of 17 PageID #:31 Int. Cl.: 25 Prior U.S. Cis.: 22 and 39 United States Patent and Trademark Office Reg. No. 3,147,244 Registered Sep. 26, 2006 TRADEMARK PRINCIPAL REGISTER GURU DENIM INC. (CALIFORNIA CORPORA- TION) 1525 RIO VISTA A VENUE LO ANGELES, CA 90023 FOR: PANTS, JEANS, JACKETS, SHORTS AND SKIRTS, IN CLASS 25 (U.S. CLS. 22 AND 39). FIRST USE 12-0-2002; IN COMMERCE 12-0-2002. THE MARK CONSISTS OF A STITCHING DE- SIGN ON A GARMENT WHICH IS A STYLIZED REPRESENTATION OF THE LETTER "U". THE BROKEN LINES ARE USED TO INDICATE THE POSITIONING OF THE MARK ON THE GOODS AND ARE NOT A FEATURE OF THE MARK. SER. NO. 76-633,022, FILED 3-9-2005. BILL DA WE, EXAMINING ATTORNEY Case 1:11-cv-08242-HB Document 8-1 Filed 11/15/11 Page 30 of 31 Case: 1:12-cv-09894 Document #: 1-2 Filed: 12/12/12 Page 8 of 17 PageID #:32 Int. Cl.: 25 Prior U.S. Cis.: 22 and 39 United States Patent and Trademark Office Reg. No. 3,482,001 Registered Aug. 5, 2008 TRADEMARK PRINCIPAL REGISTER GURU DENIM INC. (CALIFORNIA CORPORA- TION) 2263 EAST VERNON A VENUE VERNON, CA 90058 FOR: CLOTHING, NAMELY, MEN'S, WOMEN'S, AND CHILDREN'S PANTS, JEANS, SHORTS, OVER- ALLS, SHIRTS, T-SHIRTS, BLOUSES, VESTS, SKIRTS, JACKETS, COATS, SWEATERS, SWEAT- SHIRTS, SWEATPANTS, HATS, BELTS AND SHOES, IN CLASS 25 (U.S. CLS. 22 AND 39). FIRST USE 9-1-2002; IN COMMERCE 9-1-2002. OWNER OF U.S. REG. NO. 3,147,224. THE MARK CONSISTS OF A STYLIZED REPRE- SENTATION OF THE LETTER "U". SN 78-168,317, FILED 9-26-2002. CYNTHIA SLOAN, EXAMINING ATTORNEY Case 1:11-cv-08242-HB Document 8-1 Filed 11/15/11 Page 14 of 31 Case: 1:12-cv-09894 Document #: 1-2 Filed: 12/12/12 Page 9 of 17 PageID #:33 Int. Cl.: 25 Prior U.S. Cis.: 22 and 39 United States Patent and Trademark Office Reg. No. 3,490,283 Registered Aug. 19, 2008 TRADEMARK PRINCIPAL REGISTER
BRAND GURU DENIM INC. (CALIFORNIA CORPORA TION) 2263 EAST VERNON A VENUE VERNON, CA 90058 FOR: PANTS, JEANS, SHORTS, OVERALLS, SHIRTS, T-SHIRTS, VESTS, SKIRTS, JACKETS, SWEATSHIRTS, SWEATPANTS, DRESSES, HOO- DED SWEATSHIRTS, TOPS, BLOUSES AND FOOT WEAR. IN CLASS 25 (U.S. CLS. 22 AND 39). FIRST USE 12-0-2002; IN COMMERCE 12-0-2002. OWNER OF U.S. REG. NOS. 2,761, 793 AND 2,917.187. NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "BRAND JEANS", APART FROM THE MARK AS SHOWN. THE COLOR(S) RED AND BLUE IS/ ARE CLAIMED AS A FEATURE OF THE MARK. THE MARK CONSISTS OF THE WORDS "TRUE RELIGION BRAND JEANS" AND THE DESIGN SHOWN IN THE ATTACHED DRAWING. THE COLOR RED APPEARS IN THE HORSESHOE DE SIGN AND THE WORD "TRUE RELIGION" AND THE COLOR BLUE APPEARS IN THE WORDS "BRAND JEANS". SN 78-685.079, FILED 8-3-2005. BONNIE LUKEN, EXAMINING ATTORNEY Case 1:11-cv-08242-HB Document 8-1 Filed 11/15/11 Page 3 of 31 Case: 1:12-cv-09894 Document #: 1-2 Filed: 12/12/12 Page 10 of 17 PageID #:34 Int. Cl.: 25 Prior U.S. Cis.: 22 and 39 United States Patent and Trademark Office Reg. No. 3,561,465 Registered Jan. 13, 2009 TRADEMARK PRINCIPAL REGISTER GURU DENIM INC. (CALIFORNIA CORPORA- TION) 2263 EAST VERNON A VENUE VERNON, CA 90058 FOR: PANTS, JEANS, IN CLASS 25 (U.S. CLS. 22 AND 39). FIRST USE 12-1-2007; IN COMMERCE 12-1-2007. OWNER OF U.S. REG. NO. 3,147,244. THE MARK CONSISTS OF A STITCHING DE- SIGN CONSISTING OF THE ONE-HALF INCH STITCH PATTERN USED TO OUTLINE THE POCK- ET AND TO DEPICT THE "U" SHAPE. SEC. 2(F). SN 76-658,114, FILED 4-10-2006. CHERYL CLAYTON, EXAMINING ATTORNEY Case 1:11-cv-08242-HB Document 8-1 Filed 11/15/11 Page 4 of 31 Case: 1:12-cv-09894 Document #: 1-2 Filed: 12/12/12 Page 11 of 17 PageID #:35 Int. Cl.: 25 Prior U.S. Cis.: 22 and 39 United States Patent and Trademark Office Reg. No. 3,561,466 Registered Jan. 13, 2009 TRADEMARK PRINCIPAL REGISTER GURU DENIM INC. (CALIFORNIA CORPORA- TION) 2263 EAST VERNON A VENUE VERNON, CA 90058 FOR: PANTS, JEANS AND JACKETS; SHORTS, IN CLASS 25 (U.S. CLS. 22 AND 39). FIRST USE 12-0-2005; IN COMMERCE 12-0-2005. STITCH PATTERN USED TO OUTLINE THE POCK- ET AND THE CHEVRON FLAP AND TO DEPICT THE "U" SHAPE AS WELL AS THE ZIGZAGGED STITCHING ON THE CHEVRON FLAP. SEC. 2(F). OWNER OF U.S. REG. NO. 3,147,244. SN 76-658,121, FILED 4-10-2006. THE MARK CONSISTS OF A STITCHING DE- SIGN CONSISTING OF THE ONE-HALF INCH CHERYL CLAYTON, EXAMINING ATTORNEY Case 1:11-cv-08242-HB Document 8-1 Filed 11/15/11 Page 8 of 31 Case: 1:12-cv-09894 Document #: 1-2 Filed: 12/12/12 Page 12 of 17 PageID #:36 Int. Cl.: 25 Prior U.S. Cis.: 22 and 39 United States Patent and Trademark Office Reg. No. 3,561,705 Registered Jan. 13, 2009 TRADEMARK PRINCIPAL REGISTER GURU DENIM INC. (CALIFORNIA CORPORA- TION) 2263 EAST VERNON A VENUE VERNON, CA 90058 FOR: APPAREL, NAMELY, JEANS, PANTS, SKIRTS, SHORTS, JACKETS, IN CLASS 25 (U.S. CLS. 22 AND 39). FIRST USE 7-1-2007; IN COMMERCE 7-1-2007. OWNER OF U.S. REG. NO. 3,147,244. THE MARK CONSISTS OF A POCKET STITCH- ING DESIGN ON A GARMENT WHICH IS A STYLIZED REPRESENTATION OF THE LETTER "U." THE BROKEN LINES ARE USED TO INDI- CATE THE POSITIONING OF THE MARK ON THE GOODS AND ARE NOT A FEATURE OF THE MARK. SN 77-114,126, FILED 2-22-2007. LINDA M. KING, EXAMINING ATTORNEY Case 1:11-cv-08242-HB Document 8-1 Filed 11/15/11 Page 9 of 31 Case: 1:12-cv-09894 Document #: 1-2 Filed: 12/12/12 Page 13 of 17 PageID #:37 Int. Cl.: 25 Prior U.S. Cis.: 22 and 39 United States Patent and Trademark Office Reg. No. 3,561,710 Registered J an. 13, 2009 TRADEMARK PRINCIPAL REGISTER GURU DENIM INC. (CALIFORNIA CORPORA- TION) 2263 EAST VERNON AVENUE VERNON, CA 90058 FOR: APPAREL, NAMELY, JEANS. PANTS, SKIRTS. SHORTS, HATS, FOOTWEAR, IN CLASS 25 (U.S. CLS. 22 AND 39). FIRST USE 3-1-2007; IN COMMERCE 3-1-2007. OWNER OF U.S. REG. NO. 3.127,244. THE COLOR(S) RED ISIARE CLAIMED AS A FEATURE OF THE MARK. THE MARK CONSISTS OF A STYLIZED REPRE- SENTATION OF THE LETTER "U" IN THE COLOR RED. SN 77- 116,587, FILED 2-26-2007. LINDA M. KING, EXAMINING ATTORNEY Case 1:11-cv-08242-HB Document 8-1 Filed 11/15/11 Page 22 of 31 Case: 1:12-cv-09894 Document #: 1-2 Filed: 12/12/12 Page 14 of 17 PageID #:38 Int. Cl.: 25 Prior U.S. Cis.: 22 and 39 United States Patent and Trademark Office Reg. No. 3,607,799 Registered Apr. 14, 2009 TRADEMARK PRINCIPAL REGISTER GURU DENIM INC. (CALIFORNIA CORPORA- TION) . LEGAL DEPARTMENT 2263 EAST VERNON A VENUE VERNON. CA 90058 FOR: BATHING SUITS, BATHING TRUNKS, BEACHWEAR, BIKINIS, BLOUSES, BOOTS, CAPS. COATS, DRESSES. FOOTWEAR, HATS, HEAD- WEAR, JACKETS, JEANS, NECKWEAR, PANTS, SANDALS. SCARVES. SHAWLS, SHIRTS. SHOES. SHORTS, SKIRTS, SNEAKERS. SWEAT PANTS. SWEATSHIRTS. SWIMWEAR. T-SHIRTS, TOPS. TANK TOPS, VESTS, IN CLASS 25 (U.S. CLS. 22 AND 39). FIRST USE 10-1-2002; IN COMMERCE 10- 1-2002. OWNER OF U.S. REG. NO. 2.91 7.187. THE MARK CONSISTS OF A BUDDHA-LIKE FIGURE CRADLING A GUITAR WITH HIS LEFT HAND AND WITH HIS RIGHT ARM OUTSTRET- CHED WITH HIS THUMB POINTING UP. SN 78-980,963, FILED 6-27-2006. CHER1'L CLA1'TON, EXAMIN!KG ATTORNEY Case 1:11-cv-08242-HB Document 8-1 Filed 11/15/11 Page 25 of 31 Case: 1:12-cv-09894 Document #: 1-2 Filed: 12/12/12 Page 15 of 17 PageID #:39 Reg. No. 3,884,465 TRUE RELIGION GURU DENIM INC. (CALIFORNIA CORPORATION) LEGAL DEPARTMENT Registered Nov. 30,2010 2263 EAST VERNON AVENUE Int. Cis.: 9 and 24 TRADEMARK PRINCIPAL REGISTER Din:ttor of the Untt-:d S t m e ~ P,1tc:nt and l'mdt:mark nm..:e VERNON, CA 90058 FOR: EYE\VEAR, NAMELY, EYEGLASS FRAMES. CASES, AND SUNGLASSES, IN CLASS 9 (U.S. CLS. 21. 23. 26, 36 AND 38 ). FIRST USE 7-1-2009: IN COMMERCE 7- 1-2009. FOR: TOWELS, IN CLASS 24 (U.S. CLS. 42 AND 50) FIRST USE 1-4-2010; IN COMMERCE 2-1 6-2010. THE MARK CONSISTS OF STANDARD CHARACTERS WI'illOUT CLAIM TO ANY PAR- TICULAR FONT. STYLE, SIZE, OR COLOR. OWNER OF U. S. REG NOS. 2, 761 ,793 AND 2,917, 187. SN 78-981,807, FILED 6-27-2006. CHERYL CLAYTON. EXAMINING ATTORNEY Case 1:11-cv-08242-HB Document 8-1 Filed 11/15/11 Page 26 of 31 Case: 1:12-cv-09894 Document #: 1-2 Filed: 12/12/12 Page 16 of 17 PageID #:40 Reg. No. 3,975,909 Registered June 7, 2011 Int. Cl.: 3 TRADEMARK PRINCIPAL REGISTER Director of the United States Patent and rrademark Office HIPPIE CHIC GURU DENIM, INC. (CALIFORNIA CORPORATION), DBA TRUE RELIGION BRAND JEANS, 2263 E. VERNON AVENUE LEGAL DEPARTMENT VERNON, CA 90058 FOR: BATH GELS; BODY CREAMS; BODY LOTIONS; BODY WASH; EAU DE PARFUM; FRAGRANCES; PERFUME; SHOWER GELS, IN CLASS 3 (U.S. CLS. 1, 4, 6, 50,51 AND 52). FIRST USE 9-1-2010; IN COMMERCE 3-1-2011. THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR- TICULAR FONT, STYLE, SIZE, OR COLOR. SN 85-061,026, FILED 6-11-2010. CHERYL CLAYTON, EXAMINING ATTORNEY Case 1:11-cv-08242-HB Document 8-1 Filed 11/15/11 Page 27 of 31 Case: 1:12-cv-09894 Document #: 1-2 Filed: 12/12/12 Page 17 of 17 PageID #:41 Reg. No. 3,978,250 GURU DENIM, INC. (CALIFORNIA CORPORATION). DBA TRUE RELIGION BRAND JEANS LEGAL DEPARTMENT Registered June 14,2011 2263 E. VERNON AVENUE Int. Cl.: 35 SERVICE MARK PRINCIPAL REGISTER Dil't(:tor of the United S t ~ t c s P1tent and Trddcm:trk Office VERNON. CA 90058 FOR: ADVERTISING VIA ELECTRONIC MEDIA AND SPECIFICALLY THE INTERNET: ON-LINE RETAIL STORE SERVICES FEATURING APPAREL. FOOTWEAR AND FASHION ACCESSORIES; WHOLESALE AND RETAIL STORE SERVICES FEATURING APPAREL. FOOTWEAR AND FASHION ACCESSORIES, IN CLASS 35 (U.S. CLS. 100. 101 AND 102). FIRST USE 4-26-2005: IN COMMERCE 4-26-2005. OWNER OF U.S. REG. NOS. 3.607 .799. 3. 72!\222. AND 3.862,1 83. THE MARK CONSISTS OF A MAN CRADLING A GUITAR WITH HIS LEFT HAND AND WITH HIS RIGHT ARM OUTSTRETCHED Vv'ITH HIS THUMB POINTING UR SER. NO. 85-192.668. FILED 12-7-2010 JOHN GARTNER. EXAMINING ATTORNEY
Exhibit 3 Case: 1:12-cv-09894 Document #: 1-3 Filed: 12/12/12 Page 1 of 3 PageID #:42 Public Catalog Copyright Catalog (1978 to present) Search Request: Left Anchored Title = true religion brand jean Search Results: Displaying 4 of 5 entries
True Religion Brand Jeans The Buddha Brand Authentic Vintage Label. Type of Work: Visual Material Registration Number / Date: VA0001698310 / 2009-02-05 Application Title: True Religion Brand Jeans The Buddha Brand Authentic Vintage Label. Title: True Religion Brand Jeans The Buddha Brand Authentic Vintage Label. Description: Electronic file (eService) Copyright Claimant: GURU DENIM, INC. d.b.a. True Religion Brand Jeans. Address: 2263 East Vernon Avenue, Vernon, CA, 90058, United States. Date of Creation: 2008 Date of Publication: 2008-11-01 Nation of First Publication: United States Authorship on Application: GURU DENIM, INC. d.b.a. True Religion Brand Jeans, employer for hire; Domicile: United States; Citizenship: United States. Authorship: 2-D artwork. Previous Registration: 2005, VA 1-301-845. Pre-existing Material: 2-D artwork. Basis of Claim: 2-D artwork. Rights and Permissions: GURU DENIM, INC., 2263 E. Vernon Ave., Vernon, CA, 90058, United States, (323) 266-3072 Copyright Note: C.O. correspondence. Names: GURU DENIM, INC. True Religion Brand Jeans
Save, Print and Email (Help Page) Select Download Format Full Record Format for Print/Save Enter your email address: Email Case: 1:12-cv-09894 Document #: 1-3 Filed: 12/12/12 Page 2 of 3 PageID #:43 NOLNMLNO t s~=o =s =N OLO ~~KK LJLm K\ NZQCZNIQCpbn ZOMNONONMNVQTQQCp~| ^ Z = Help Search History Titles Start Over Contact Us | Request Copies | Get a Search Estimate | Frequently Asked Questions (FAQs) about Copyright | Copyright Office Home Page | Library of Congress Home Page Case: 1:12-cv-09894 Document #: 1-3 Filed: 12/12/12 Page 3 of 3 PageID #:44
Exhibit 4 Case: 1:12-cv-09894 Document #: 1-4 Filed: 12/12/12 Page 1 of 4 PageID #:45 Case: 1:12-cv-09894 Document #: 1-4 Filed: 12/12/12 Page 2 of 4 PageID #:46 I IIIII 1111111111111111111111111111111111111111111 11111111111 USOOD547530S c12) United States Design Patent c1o) Patent No.: US D54 7,530 S ** Jul. 31, 2007 Lubell (45) Date of Patent: (54) STITCH PATTERN APPLIED TO PANTS (75) Inventor: Jeffrey Lubell, Los Angeles, CA (US) (73) Assignee: True Religion Apparel, Inc., Los Angeles, CA (US) (**) Term: 14 Years (21) Appl. No.: 29/244,409 (22) Filed: Dec. 9, 2005 (51) LOC (8) Cl. .................................................... 02-02 (52) U.S. Cl. ........................................................ D2/742 (58) Field of Classification Search .......... D2/712-714, D2/716, 742-748, 857; 2/2.17, 22, 23, 69, 2171, 72, 76, 79, 221, 227, 228, 231-238, 2/247-254, 911, 919, DIG. 2 See application file for complete search history. (56) References Cited U.S. PATENT DOCUMENTS 2,318,199 A * 5/1943 Clements ....................... 2/407 3,959,826 A * 6/1976 Hakanson ...................... 2/227 4,015,318 A * 4/1977 Hakanson .................... 28/165 D261,323 S * 10/1981 Catron ........................ D2/742 D263,766 S * 4/1982 Heinfling ..................... D2/857 4,513,454 A * 4/1985 Anderson et al ............... 2/246 D339,220 S * 9/1993 Buziol ......................... D2/742 D379,859 S 6/1997 Chan D414,012 S * 9/1999 Tobias ......................... D2/742 5,956,775 A * 9/1999 Ezra .............................. 2/227 D417,340 S 12/1999 Moor D436,714 S * 112001 Korff ........................... D2/742 D440,028 S * 4/2001 Korff ........................... D2/742 6,421,831 B1 * 7/2002 Korff ............................... 2/69 D480,539 S 10/2003 Yan D484,30 1 S 12/2003 Issler r ! ! ! I r ! I I ! r ! I ! I r r L _________________________} I ! \ I ': \ i \ i \ : \ \ : \ \ \ ... _________________________ j EP IT D496,530 S D502,600 S D506,892 S D510,190 S D511,606 S 9/2004 Wolf 3/2005 Wolf 7/2005 Warren et a!. 10/2005 Fenton et a!. * 11/2005 Caucci ........................ D2/742 FOREIGN PATENT DOCUMENTS 1502513 A1 * 2/2005 000335393-0002 * 9/2005 OTHER PUBLICATIONS Bennetts: True Religion Brand Jeans. www.bennettscloth- ing.com/true_religion_jeans.htm. Feb. 2005. Jeans, Item A: center of page.* True Religion, Jeffrey Lubell www.truereligionbrand- jeans.com, Womens and Mens Jeans USA. Goapparel, LLC, US Trademark for stitch design Filed: Nov. 3, 2005. * cited by examiner Primary Examiner-Ian Simmons Assistant Examiner-R. Johnson (74) Attorney, Agent, or Firm-Christie, Parker & Hale, LLP (57) CLAIM The ornamental stitch pattern applied to pants, as shown and described. DESCRIPTION FIG. 1 is a front view of a stitch pattern applied to pants showing my new design, the broken line showing the pants is for illustrative purposes only and forms no part of the claimed design; and, FIG. 2 is a rear view, thereof. 1 Claim, 2 Drawing Sheets ! ! ! ! : ! ! I i ! ! I \ \ \ : ', \ : : \ \ \ I \ I ', I \ \ r ______ _\ Case: 1:12-cv-09894 Document #: 1-4 Filed: 12/12/12 Page 3 of 4 PageID #:47 U.S. Patent Jul. 31, 2007 Sheet 1 of 2 US D54 7,530 S FIG. 1
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