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NORTHERN CALIFORNIA RECORD

Friday, March 29, 2024

Love Affair Heart design lies at the center of an alleged copyright claim against IPPO Jewelry

Copyright 12

LOS ANGELES — A women's fashion accessories manufacturer has filed suit against a jewelry company, alleging copyright infringement of its Love Affair Heart pendant and necklace.

Brighton Collectibles LLC filed a complaint on Aug. 12 in U.S. District Court for the Central District of California, Western Division, against IPPO Jewelry Corp. and Does 1-10, alleging that they violated federal copyright laws.

According to the complaint, the plaintiff alleges that on Oct. 31, 2014, Brighton Collectibles LLC created and owned a copyrighted design used in connection with its fashion accessories, particularly the  Love Affair Heart design, However, the plaintiff alleges that imitations of said design was manufactured and sold by the defendants without the consent or knowledge of plaintiff, which it claims caused harm to its reputation and goodwill. The plaintiff holds IPPO Jewelry Corp. and Does 1-10 responsible because the defendants allegedly deceived consumers who believed that the inferior product originated from the plaintiff and decreased the uniqueness of the plaintiff's products by selling the infringed designs at discount stores.

The plaintiff requests a trial by jury and seeks injunctions enjoining and restraining the defendants from using the copyright design, implying association with plaintiff, destruction of all infringing products, award all profits earned, compensatory damages of no less than $1,000,000, statutory damages of no less than $150,000 per defendant, attorney’s fees, costs of suit and other relief as the court deems appropriate. It is represented by Peter W. Ross and Keith J. Wesley of Brown George Ross LLP in Los Angeles and Gary Freedman of Law Offices of Gary Freedman in Santa Monica.

U.S. District Court for the Central District of California Case number 2:16-cv-06065

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