Sillage v. Kenrose Perfumes - Complaint
Sillage v. Kenrose Perfumes - Complaint
Sillage v. Kenrose Perfumes - Complaint
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S TRADLING Y OCCA
C ARLSON & R AUTH
COMPLAINT
LAWYERS
S A N T A M O N IC A
DOCSSM/3013175v1/101734-0105
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1.
is known for presenting its perfumes in embellished bottles and flacons. Sillage is
now, and was at all times herein mentioned, a California limited liability company
duly organized and existing under the laws of the State of California with its
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under the laws of the State of New York, with its principal place of business at
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corporation duly organized and existing under the laws of the State of Delaware,
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with its principal place of business at 104 Parkway South Drive, Hauppauge,
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limited partnership duly organized and existing under the laws of the State of
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Suite 113, Beverly Hills, California 90211 (La Peer Beauty; and collectively
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5.
This is a civil action arising under the patent laws of the United States,
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Title 35 of the United States Code. This Court has subject matter jurisdiction over
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Counts I-III pursuant to 28 U.S.C. 1331 and 1338(a). This Court has
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S TRADLING Y OCCA
C ARLSON & R AUTH
COMPLAINT
LAWYERS
S A N T A M O N IC A
DOCSSM/3013175v1/101734-0105
6.
Europerfumes is doing and has done substantial business in this judicial district
and has committed acts of patent and trademark infringement, and other acts
FragranceNet is doing and has done substantial business in this judicial district and
has committed acts of patent and trademark infringement, and other acts
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La Peer Beauty is doing and has done substantial business in this judicial district
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and further has committed acts of patent and trademark infringement, and other
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(b)-(c) and 1400(b). The acts and transactions complained of herein were
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conceived, carried out, made effective, and had an effect within the State of
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FACTUAL ALLEGATIONS
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Patent Ownership
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On November 12, 2013, U.S. Patent No. D693,224 (the 224 patent)
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entitled Display Bottle was duly and legally issued to Nicole Mather as the
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inventor. A true and correct copy of the 224 patent is attached to this Complaint
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as Ex. A and incorporated herein by reference. The 224 patent is valid and in
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force.
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entitled Bottle was duly and legally issued to Nicole Mather as the inventor. A
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true and correct copy of the 503 patent is attached to this Complaint as Ex. B and
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S TRADLING Y OCCA
C ARLSON & R AUTH
COMPLAINT
LAWYERS
S A N T A M O N IC A
DOCSSM/3013175v1/101734-0105
12.
and 503 patents to Sillage. Sillage is the exclusive licensee of the entire right,
title, and interest in and to the 224 and 503 patents, including all rights to enforce
the 224 and 503 patents and recover for infringement. True and correct copies of
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As more fully laid out below, Defendants have been and are now
infringing the 224 patent and 503 patent in this judicial district and elsewhere, by
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for its CHERRY GARDEN mark, which was assigned U.S. Trademark
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issued as U.S. Trademark Registration No. 4,429,539. Sillage began using the
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constructive date of first use for the CHERRY GARDEN mark in United States
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commerce is May 10, 2012. A copy of the registration for the CHERRY
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interviews, print ads, online marketing campaigns, couture events, advertising, and
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marketing.
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GARDEN, the mark has become distinctive and known in the United States and
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S TRADLING Y OCCA
C ARLSON & R AUTH
COMPLAINT
LAWYERS
S A N T A M O N IC A
DOCSSM/3013175v1/101734-0105
global marketplace as identifying Sillage as the source of origin for the products
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which is about two (2) inches in diameter and includes a bottle cap adorned
with jewelry, crystals, and other dcor. Sillages other bottle designs include the
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cap.
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consumers alike and quickly became a hallmark of the Sillage brand. Sillage has
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used and promoted its trade dress sufficiently to form an association in the mind of
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November 3, 2011, Sillage began to market its TIARA perfume in United States
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Since this time, Sillage has expanded and continues to expand its perfume product
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line in the United States to include the marketing and sale of eight (8) Sillage
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perfumes. The majority of these perfumes are marketed in a Signature Line bottle,
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and a separate Limited Edition bottle, for a total of fifteen (15) separate bottles that
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are available for purchase, including TIARA, CHERRY GARDEN, and other
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perfumes.
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cupcake inspired bottle which embodies the design claimed in the 224 patent. For
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S TRADLING Y OCCA
C ARLSON & R AUTH
COMPLAINT
LAWYERS
S A N T A M O N IC A
DOCSSM/3013175v1/101734-0105
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United Arab Emirates, and the European Union, Sillage has established a
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significant reputation by the sale of its TIARA, CHERRY GARDEN, and other
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perfume brands.
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Similarly, Sillage uses only high quality materials in its decorative bottles.
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the finest perfumers in the business, including the legendary Francis Camail.
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Sillage also works with premium jeweler Swarowski to design finely-crafted and
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S TRADLING Y OCCA
C ARLSON & R AUTH
COMPLAINT
LAWYERS
S A N T A M O N IC A
DOCSSM/3013175v1/101734-0105
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Bazaar, Perfumerias Regia, the Robb Report, and Vogue, as depicted below.
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Sillages perfumes and Sillage works diligently to maintain its reputation and
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uniquely different from any other perfume company in the United States. It is
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therefore necessary for Sillage to protect its products and its reputation against
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property rights.
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S TRADLING Y OCCA
C ARLSON & R AUTH
COMPLAINT
LAWYERS
S A N T A M O N IC A
DOCSSM/3013175v1/101734-0105
31.
its unique House of Sillage line, and in particular the bottle design and decorative
cover, including but not limited to tradeshow attendance, interviews, print ads,
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bottle and decorative cover, the dress has become distinctive and known in the
United States and global marketplace as identifying Sillage as the source of origin
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Decorative Caps
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months after Sillage first introduced its cupcake-inspired perfume bottles into
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United States commerce Histoires de Parfums LLC d/b/a Alice & Peter
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de Parfums, LLC, et al., Case No. 14-cv-00172-CAS-RNB (C.D. Cal. 2014) (the
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Alice & Peter Action), and Europerfumes, working together, introduced a line of
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perfumes which were, and continue to be, presented in a cheap knock-off version
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marketed and sold in a cupcake-shaped bottle and decorative cap (the Infringing
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S TRADLING Y OCCA
C ARLSON & R AUTH
COMPLAINT
LAWYERS
S A N T A M O N IC A
DOCSSM/3013175v1/101734-0105
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The Infringing Parfum and the perfumes marketed and sold by Sillage
are the only two brands in the world that market and sell perfume in a cupcake-
inspired bottle.
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distributor for the A&P perfume, and has marketed and/or sold about 25,000 units
of the A&P perfume throughout North America.
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infringing activities at least as early as May 1, 2014. Upon information and belief,
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Scent-Sation LA, which is a Defendant in the related Alice & Peter Action, as
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amounts,
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MONTH
QUANTITY
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April-April 2014
243 Units
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May-June 2014
63 Units
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TOTAL
306 Units
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C ARLSON & R AUTH
COMPLAINT
LAWYERS
S A N T A M O N IC A
DOCSSM/3013175v1/101734-0105
40.
750 units of the A&P perfume after it received notice of its infringing activities
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Upon information and belief, FragranceNet markets and sells five (5)
variations of the Infringing Parfum: Blood Orange, Cherry Cherry, Fancy Choco,
Showy Toffee, and Wicked Berry. Upon information and belief, these products
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below,
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C ARLSON & R AUTH
COMPLAINT
LAWYERS
S A N T A M O N IC A
DOCSSM/3013175v1/101734-0105
See Ex. F for a copy of the webpage print-outs showing FragranceNets marketing
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A&P perfume to La Peer Beauty on the following dates, in the following amounts,
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MONTH
QUANTITY
November 2013
720 Units
December 2013
3 Units
July 2014
6 Units
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TOTAL
729 Units
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six (6) units of the A&P perfume to La Peer Beauty after Europerfumes had notice
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Upon information and belief, La Peer Beauty marketed and sold the
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Sillage is the sole owner of the entire right, title, and interest in the
224 patent.
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Title 35 of the U.S. Code by making, selling, and/or offering for sale in the U.S.
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S TRADLING Y OCCA
C ARLSON & R AUTH
COMPLAINT
LAWYERS
S A N T A M O N IC A
DOCSSM/3013175v1/101734-0105
and/or importing into the U.S. the Infringing Parfum products which embody the
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Sillage has been, and will continue to be, damaged and irreparably
harmed by the actions of Defendants, which will continue unless Defendants are
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Sillage is the sole owner of the entire right, title, and interest in the
503 patent.
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Title 35 of the U.S. Code by making, selling, and/or offering for sale in the U.S.
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and/or importing into the U.S. the Infringing Parfum products which embody the
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Sillage has been, and will continue to be, damaged and irreparably
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harmed by the actions of Defendants, which will continue unless Defendants are
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C ARLSON & R AUTH
COMPLAINT
LAWYERS
S A N T A M O N IC A
DOCSSM/3013175v1/101734-0105
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Sillage and A&P market their products to the same or similar classes of purchasers.
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CHERRY GARDEN mark, its reputations, dress, and favorable goodwill, are
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likely to purchase Defendants Infringing Parfum goods in the mistaken belief that
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Defendants actions have been and are willful, unfair, false, and
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deceptive, in that they tend to mislead, deceive, and confuse, and have had and will
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have the result of misleading, deceiving, and confusing the public to believe that
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Sillage.
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infringement by inducing the erroneous belief that Defendants and/or their goods
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are in some manner affiliated with, originate from, or are sponsored by Sillage, in
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Defendants have made and/or will make unlawful gains and profits from their
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unlawful actions as alleged herein, and by reason thereof, Sillage has been
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C ARLSON & R AUTH
COMPLAINT
LAWYERS
S A N T A M O N IC A
DOCSSM/3013175v1/101734-0105
deprived of gains and profits which otherwise would have inured to Sillage but for
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Sillage has no adequate remedy at law for the injuries alleged in this
Count. The injuries are, in part, intangible in nature and not capable of being fully
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has resulted in irreparable, direct, and proximate damages to Sillage and Sillage is
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This claim arises under Section 43(a) of the Lanham Act of 1946, as
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word, term, name, symbol, or device, or any combination thereof, or any false
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representation of fact, that has caused and is likely to cause confusion, mistake or
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S TRADLING Y OCCA
C ARLSON & R AUTH
COMPLAINT
LAWYERS
S A N T A M O N IC A
DOCSSM/3013175v1/101734-0105
71.
falsely designated the origin of their goods by adopting and using trade dress that
is substantially the same as the Sillages trade dress for its goods so as to profit
misleading the public at large, and of wrongfully trading on the goodwill and
reputation of Sillage.
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unless enjoined, will continue to cause substantial and irreparable harm to Sillage,
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its business reputation and its goodwill, for which Sillage is without adequate
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remedy at law. Such activities have also caused Sillage monetary loss and damage
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including, but not limited to, the loss of profits in an amount not yet determined.
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the difficulty of fully ascertaining the value of the damage to Sillage caused by
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direct and proximate damages to Sillage and Sillage is entitled to injunctive relief
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(Unfair Competition under Cal. Bus. & Prof. Code 17200 et seq.)
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Defendants have intentionally appropriated Sillages trade dress and its CHERRY
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GARDEN mark with the intent of causing confusion, mistake and deception as to
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the source of their goods with the intent to pass off their goods as those of Sillage,
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S TRADLING Y OCCA
C ARLSON & R AUTH
COMPLAINT
LAWYERS
S A N T A M O N IC A
DOCSSM/3013175v1/101734-0105
76.
cause injury to Sillage by depriving it of sales of its genuine perfumes, injuring its
business reputation, and by passing off Defendants goods as Sillages goods, all in
harm and damage to Sillage, and have caused and will continue to cause Sillage
monetary damage in an amount not yet determined, for which Sillage is entitled to
its actual damages, Defendants profits, as well as attorneys fees and costs.
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injunctive relief and an order that Defendants disgorge all profits on the
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A.
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and 503 patents and that Defendants infringement of the 224 and 503 patents
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was willful;
B.
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and all others in active concert or privity therewith from direct, indirect, and/or
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joint infringement of the 224 and 503 patents as aforesaid, pursuant to 35 U.S.C.
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283;
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C.
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S TRADLING Y OCCA
C ARLSON & R AUTH
COMPLAINT
LAWYERS
S A N T A M O N IC A
DOCSSM/3013175v1/101734-0105
D.
the mark Cherry Cherry, in association with the Infringing Parfum products, is in
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determined at trial, but in no event less than Defendants profits on the Infringing
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Products;
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H.
I.
For such other and further relief as the Court may deem just and
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and,
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proper.
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By:
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S TRADLING Y OCCA
C ARLSON & R AUTH
COMPLAINT
LAWYERS
S A N T A M O N IC A
DOCSSM/3013175v1/101734-0105
JURY DEMAND
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Rules of Civil Procedure on each cause of action asserted in its Complaint that is
triable by jury.
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By:
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S TRADLING Y OCCA
C ARLSON & R AUTH
COMPLAINT
LAWYERS
S A N T A M O N IC A
DOCSSM/3013175v1/101734-0105