LOS ANGELES – A Los Angeles clothing company alleges a Van Nuys corporation has been selling shirts with its design.
Spirit Clothing Co. filed a complaint on Nov. 18 in the U.S. District Court for the Central District of California, Western Division against Jerry Leigh of California Inc. alleging trademark infringement.
According to the complaint, the plaintiff alleges that it has been using the Spirit Mark in as early as 1983 on a wide array of clothing products. The suit states that in 1999, it launched The Spirit Jersey Design, which consists of a unique and recognizable combination of stitching, lettering, sleeve placement and placement of words across the back. The plaintiff alleges that the defendant is selling long-sleeve shirts that feature the Spirit Jersey Design.
The plaintiff holds Jerry Leigh of California Inc. responsible because the defendant allegedly caused plaintiff to suffer lost profits and damages to its business reputation and goodwill, caused confusion and mistake in the minds of the public with respect to the origin, affiliation, and source of defendant's products and services and deceived consumers into believing that plaintiff controls the quality and endorses the infringing products.
The plaintiff requests a trial by jury and seeks judgment against defendant, declare violation, enjoin defendant from further infringement, accounting and disgorgement of profits, attorney's fees, interest, costs of action, and further relief as is just. It is represented by Willmore F. Holbrow III and James W. Ahn of Blakely, Sokoloff, Taylor & Zafman LLP in Los Angeles.
U.S. District Court for the Central District of California, Western Division Case number 2:16-cv-08637