LOS ANGELES – A Los Angeles bikini and apparel company alleges an Australian company is using its mark to sell swimwear.
Frankies Bikinis LLC filed a complaint on March 3 in the U.S. District Court for the Central District of California against Frankie By Rebecca Pty LTD and Does 1-10 alleging trademark infringement and other counts.
According to the complaint, the plaintiff alleges that the defendants have infringed its mark. The plaintiff holds Frankie By Rebecca Pty LTD and Does 1-10 responsible because the defendant allegedly caused substantial confusion on the part of the public, obtained profit at the expense of plaintiff, and introduced infringing marks into the stream of commerce.
The plaintiff requests a trial by jury and seeks judgment against defendants, enjoinder against further infringement, account and award profits from infringement, treble actual damages, statutory damages in an amount no less than $1 million per counterfeit mark, punitive damages, attorney's fees, costs of action, asset freeze or constructive trust, cancel the domain names and registration, and further relief as the court deems just. It is represented by David H. Boren and Gregory N. Weisman of Ritholz Levy Sanders Chidekel & Fields LLP in Los Angeles.
U.S. District Court for the Central District of California Case number 2:17-cv-01737