LOS ANGELES – A Maryland individual alleges a retail operator unlawfully used her mark.
Elektra Printz Gorski filed a complaint on Dec. 6 in the U.S. District Court for the Central District of California against Cotton On USA Inc. alleging trademark infringement.
According to the complaint, the plaintiff created the Lettuce Turnip the Beet mark in 2011 and sells merchandise using the mark on Etsy. The plaintiff holds Cotton On USA Inc. and Does 1 to 20 responsible because the defendants allegedly used the plaintiffs mark to sell merchandise.
The plaintiff requests a trial by jury and seeks to enjoin the defendant from further infringing plaintiff's trademark, order the defendant to remove all merchandise bearing plaintiff's mark, order the defendant to deliver up for destruction all infringing materials, pay the plaintiff for all damages and profits derived from the infringing act, statutory damages of up to $2 million for each trademark counterfeited, all legal fees and any other relief as this court deems just. She is represented by Samuel J. Smith of SJS Counsel APC in Los Angeles and Daniel L. Reback and Jeremy Smith of Krane & Smith, APC in Encino.
U.S. District Court for the Central District of California Case number 2:16-cv-09057-CAS-AJW