Case 2:14-cv-09341 Document 1 Filed 12/04/14 Page 1 of 9 Page ID #:1

1 William A. Delgado (Bar No. 222666)

2 wdelgado@willenken.com
Rebecca T. Green (Bar No. 247690)
3 rgreen@willenken.com
4 WILLENKEN WILSON LOH & DELGADO LLP
707 Wilshire Blvd., Suite 3850
5 Los Angeles, California 90017
6 Telephone: (213) 955-9240
Facsimile: (213) 955-9250
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8 Attorneys for Plaintiff
SAM DAE ENTERPRISES, INC.
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA

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13 SAM DAE ENTERPRISES, INC., a
California corporation
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Plaintiff,
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16 v.
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ERALU FASHION, INC., and DOES 1
18 through 10, inclusive,
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Defendants.
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Case No.: 2:14-cv-09341

COMPLAINT FOR:
COPYRIGHT INFRINGEMENT

DEMAND FOR JURY TRIAL

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COMPLAINT
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Plaintiff, Sam Dae Enterprises, Inc. (Sam Dae or Plaintiff), by and

2 through its attorneys of record, allege as follows against Eralu Fashion, Inc.
3 (Eralu), and Does 1 through 10 (collectively Defendants):
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NATURE OF THE ACTION

1.

This copyright case involves the wrongful misappropriation and use

6 of Plaintiffs copyrighted and creative work for a unique hand bag.

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THE PARTIES
2.

Plaintiff is a California corporation having its principal place of

9 business in Los Angeles, California.

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3.

On information and belief, Defendant Eralu is a California corporation

11 having its principal place of business at 1702 Floradale Avenue, South El Monte,
12 California 91733.
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4.

Defendants DOES 1 through 10 are individuals and/or entities whose

14 true names and capacities are presently unknown to Plaintiff. Plaintiff is informed
15 and believes, and thereon alleges, that at all times herein mentioned, each of the
16 fictitiously named defendants was the agent, servant, and/or employee of his or her
17 co-defendant and, in doing the things herein mentioned, was acting within the
18 scope of his or her authority as such agent, servant, and/or employee, and with the
19 permission and consent of his or her co-defendants, and that each of said
20 fictitiously named defendants is, in some manner, liable or responsible to Plaintiff
21 based upon the facts hereinafter alleged and thereby proximately caused injuries
22 and damages to Plaintiff as more fully alleged herein. Accordingly, Plaintiff sues
23 said defendants by said fictitious names. As such time as said defendants true
24 names and capacities become known to Plaintiff, Plaintiff will seek leave to amend
25 this Complaint to insert said true names and capacities of such individuals and/or
26 entities.
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5.

Plaintiff is informed and believes, and on that basis alleges, that at all

28 relevant times mentioned in this complaint, Defendants and each of them, were and

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1 are acting in concert and active participation with each other in committing the
2 wrongful acts alleged herein, and were and are the agents of each other and were
3 acting within the scope and authority of that agency and with the knowledge,
4 consent, and approval of one another.
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JURISDICTION AND VENUE

6.

This Court has personal jurisdiction over defendants because each of

7 these defendants are located in the Central District of California, target customers
8 in the Central District of California, conduct business in the Central District of
9 California, and/or have otherwise worked with companies in the Central District of
10 California.
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7.

This Court has subject-matter jurisdiction over the Copyright Act

12 claim pursuant to 28 U.S.C. 1331 and 1338(a).

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8.

Venue is proper in the Central District of California under 28 U.S.C.

14 1391 and 1400 because defendants transact business in the Central District of
15 California and may otherwise be found in this district, and a substantial part of the
16 events giving rise to this litigation, including the injury to Plaintiff, occurred in the
17 Central District of California.
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GENERAL ALLEGATIONS
9.

Plaintiff owns and had owned prior to the infringing acts complained

20 of herein, United States Copyright Registration No. VAu001179064, entitled

21 DIAMONDS ON MY CHAIN, which depicts a handbag with diamonds (the
22 Copyrighted Design).
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10.

Plaintiff sells handbags which incorporate the Copyrighted Design.

24 Examples of Plaintiffs handbags are set forth in Figures 1 and 2, below.

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Figure 1

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Figure 2

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//
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11.

Plaintiff, a successful company in the handbag industry since 1989,

2 sells its products throughout the world, including locally in Los Angeles.
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12.

In or around October 2014, Plaintiff discovered Defendants were

4 selling handbags that bear designs that are identical or substantially similar to
5 Plaintiffs Copyrighted Design (the Infringing Handbags). Examples of the
6 Infringing Handbags appear in Figures 3 and 4, below.
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Figure 3

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Figure 4

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13.

Upon information and belief, Defendants have misappropriated the

2 Copyrighted Design and are selling and/or have sold Infringing Handbags in brick3 and-mortar stores in Los Angeles as well as online through the internet.
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14.

Upon information and belief, Defendants are, without Plaintiffs

5 authorization, unlawfully reproducing, importing and distributing and/or selling

6 Infringing Handbags in this judicial district that feature a design that is identical or
7 substantially similar to the Copyrighted Design.
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15.

Plaintiff has notified Defendants that their actions constitute copyright

9 infringement in various correspondence, including through a cease and desist letter

10 sent to Eralu by Plaintiffs counsel.
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16.

Upon information and belief, Defendants continue to misappropriate

12 the Copyrighted Design and to unlawfully reproduce, import, distribute, and/or sell
13 the Infringing Handbags in this judicial district, featuring a design which is
14 identical or substantially similar to the Copyrighted Design.
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FIRST CLAIM FOR RELIEF

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(Copyright Infringement)

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(Against All Defendants)

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Plaintiff realleges and incorporates by reference the matters alleged in

19 Paragraph 1 through 16 of this Complaint.

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18.

Plaintiff registered with the United States Copyright Office the

21 DIAMONDS ON MY CHAIN design, bearing the number VAu001179064.

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19.

Plaintiff owns the copyright interests in and to DIAMONDS ON MY

23 CHAIN, and Plaintiffs copyright in this work is valid and original.

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20.

Plaintiff is informed and believes and thereon alleges that Defendants

25 and each of them have imported, manufactured, cause to be manufactured, and/or

26 sold Infringing Handbags.
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21.

Plaintiff is informed and believes and thereon alleges that Defendants,

28 and each of them, infringed Plaintiffs Copyrighted Design by creating, making,

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1 and/or developing, directly infringing and/or derivative works from the

2 Copyrighted Design and by producing, distributing, and/or selling the Infringing
3 Handbags.
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22.

Due to Defendants acts of infringement, Plaintiff has suffered

5 damages to its business in an amount to be established at trial.

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23.

Due to Defendants acts of infringement, Plaintiff has suffered general

7 and special damages in an amount to be established at trial.

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24.

Due to Defendants acts of copyright infringement as alleged herein,

9 Defendants, and each of them, have obtained direct and indirect profits they would
10 not have otherwise have realized but for the infringement of the Copyrighted
11 Design. As such, Plaintiff is entitled to disgorgement of Defendants profits
12 directly and indirectly attributable to Defendants infringement of the Copyrighted
13 Design in an amount to be established at trial.
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25.

Defendants actions as described herein render them liable for

15 statutory damages pursuant to Section 504(c) of the Copyright Act. Within the
16 time permitted by law, Plaintiff will make his election between actual damages and
17 statutory damages.
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26.

Upon information and belief, Defendants also began such activities

19 although they were fully aware of Plaintiffs superior rights to the Copyrighted
20 Design. Therefore, Defendants acts of copyright infringement as alleged above
21 were, and continue to be, willful, intentional, and malicious, subjecting
22 Defendants, and each of them, to liability for exemplary statutory damages under
23 Section 504(c)(2) of the Copyright Act in the sum of up to one hundred fifty
24 thousand dollars ($150,000) per infringement.
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PRAYER FOR RELIEF

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WHEREFORE, Plaintiff prays for relief as follows:

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1.

Entry of an order and judgment requiring that Defendants and their

28 agents, employees, and representatives, and all other persons, firms or corporations

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1 in active concert or participation with Defendants, be enjoined and restrained from

2 using Plaintiffs Copyrighted Design, including but not limited to manufacturing,
3 selling, distributing, producing, promoting, advertising, offering for sale or
4 otherwise placing into the market the Infringing Handbags or any other
5 substantially similar product infringing Plaintiffs Copyrighted Design.
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2.

Plaintiffs compensatory and consequential damages sustained by

7 reason of the acts complained of herein, in the amount to be proven at trial, or, at
8 Plaintiffs election, statutory damages under the Copyright Act.
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3.

A judgment ordering Defendants to account to Plaintiff any and all

10 revenues and profits they have derived from their wrongful actions, and a
11 disgorgement of Defendants wrongful profits and unjust enrichment.
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4.

Exemplary damages under Section 504(c)(2);

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5.

A judgment awarding Plaintiff his reasonable attorneys fees and costs

14 of suit and prejudgment interest; and

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6.

Any other relief that the Court deems just and proper.

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Dated: December 4, 2014

WILLENKEN WILSON LOH &

DELGADO LLP

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By: /s/ William A. Delgado

William A. Delgado
Attorneys for Plaintiff
SAM DAE ENTERPRISES, INC.

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DEMAND FOR JURY TRIAL

Plaintiff hereby demands trial by jury on all issues so triable.

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Dated: December 4, 2014

WILLENKEN WILSON LOH &

DELGADO LLP

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By: /s/ William A. Delgado

William A. Delgado
Attorneys for Plaintiff
SAM DAE ENTERPRISES, INC.

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