LOS ANGELES — A Texas apparel business has filed suit against an online retailer for alleged copyright infringement pertaining to its belts, or conchos.
M & F Western Products Inc. filed a complaint Sept. 19 in U.S. District Court for the Central District of California against Elite Accessories Inc., doing business as New Wave, alleging that the online seller acted with reckless disregard for registered copyrights.
According to the complaint, the plaintiff alleges that M & F Western Products Inc. holds valid copyrights for several of its products that are duly registered with the United States Copyright Office. In January, the plaintiff discovered that the defendants were allegedly infringing upon its products, particularly belts and belt ornaments best known as conchos, and was supposedly promoting and offering them for sale on their retail website.
The plaintiff holds Elite Accessories Inc., doing business as New Wave, responsible because the defendant allegedly deceived consumers as to its affiliation with the plaintiff, introduced an imitation in the stream of commerce and obtained profit at the expense of the plaintiff.
The plaintiff requests a trial by jury and seeks judgment against the defendant, injunctive relief, an order of destruction of all infringing items, accounting of and awarding all profits from infringement, interest, costs, disbursements, attorneys’ fees and other relief as the court deems appropriate. It is represented by Audra Mori and Seth H. Reagan of Perkins Coie LLP in Los Angeles.
U.S. District Court for the Central District of California case number 2:16-cv-07024