LOS ANGELES – A San Diego company that sells "ugly" Christmas sweaters claims one of its designs is unlawfully being sold at Macy's.
Tipsy Elves LLC filed a complaint on Feb. 9 in the U.S. District Court for the Central District of California against Macy's Retail Holdings Inc., Mighty Fine and Does 1 through 10 alleging copyright infringement.
According to the complaint, the plaintiff alleges that it suffered damages to its business from having its Santa Breaks the Internet artwork used on other products. The plaintiff holds Macy's Retail Holdings Inc., Mighty Fine and Does 1 through 10 responsible because the defendants allegedly continued to sell sweatshirts that feature plaintiff's artwork despite its request to stop selling those clothes.
The plaintiff requests a trial by jury and seeks enjoin the defendants from further infringing plaintiff's designs, actual damages, profits, all legal fees and any other relief as the court deems just. It is represented by Joseph C. Andras of Myers Andras LLP in Irvine and Tawnya R. Wojciechowski of TRW Law Group in Irvine.
U.S. District Court for the Central District of California Case number 2:17-cv-01058-DSF-AS