LOS ANGELES – A Los Angeles bikini and apparel company alleges an Australian company is using its mark to sell swimwear.
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.
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.
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