LOS ANGELES – A retail store based in Los Angeles alleges another store has infringed its copyrighted fabric designs and seeks damages and the destruction of all the infringing products.
Forever 21 Inc. filed a complaint on Aug. 18 in the U.S. District Court for the Central District of California, Western Division against Bastiat USA Inc., doing business as Brandy Melville or Brandy Melville USA, Thomas Aquinas Inc., doing business as Brandy Melville or Brandy Melville USA; Stephan Marsan and Does 1 through 20 alleging copyright infringement.
According to the complaint, the plaintiff alleges that in May 2015, it suffered damages to its business from having its copyrighted fabric design being used without its authority. The plaintiff holds Bastiat USA Inc., Thomas Aquinas Inc., Stephan Marsan and Does 1 through 20 responsible because the defendants allegedly distributed a dress which contains plaintiff's copyrighted design through their retail stores and online store.
The plaintiff requests a trial by jury and seeks damages, actual damages, statutory damages, injunction against the defendant from further infringing plaintiff's designs, disgorge all allegedly ill-gotten gains, destruction of all infringing materials, all legal fees and any other relief as the court deems just. It is represented by Christopher D. Johnson, Christopher Q. Pham, Marcus F. Chaney and Jason R. Vener of Johnson & Pham LLP in Woodland Hills.
U.S. District Court for the Central District of California, Western Division Case number 2:16-cv-06211