LOS ANGELES – A Pennsylvania-based online retailer is accused of copying a fabric design without authorization.
Unicolors Inc. filed a complaint on Nov. 17 in the U.S. District Court for the Central District of California against ModCloth Inc. and Does 1-10 alleging copyright infringement.
According to the complaint, the plaintiff alleges that it is the sole owner and author of a two-dimensional artwork called CEO611. The plaintiff believes that the defendants had access to its showroom, strike-offs, samples and/or design library to be able to manufacture and distribute a design identical to the subject design of plaintiff. As a result, plaintiff alleges it has suffered substantial damages to its business and profits. The plaintiff holds ModCloth Inc. and Does 1-10 responsible because the defendants allegedly obtained profit at the expense of plaintiff's business and reputation, and produced a strikingly similar product without license or permit from plaintiff.
The plaintiff requests a trial by jury and seeks judgment against defendants, enjoin defendants from further infringement, attorneys’ fees, interest, costs of litigation, and further relief as the court deems proper. It is represented by C. Yong Jeong, Amy J. Choe and Ryan N. Ostrowski of Jeong & Likens LC in Los Angeles.
U.S. District Court for the Central District of California Case number 2:16-cv-08430