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United States District Court Middle District of North Carolina UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF NORTH CAROLINA HANESBRANDS INC. ) ) Civil Action No. 1:11-cv-711 ) Plaintiff, ) ) v. ) COMPLAINT ) FOREVER 21, INC. ) JURY TRIAL DEMANDED ) Defendant. ) _______________________________ ) Through counsel, Plaintiff Hanesbrands Inc. (“Hanesbrands”) brings this lawsuit against Defendant Forever 21, Inc. (“Forever 21” or “Defendant”), and alleges as follows: THE PARTIES 1. Hanesbrands is a Maryland corporation with a principal place of business in Winston-Salem, North Carolina. Hanesbrands manufactures and sells various types of high quality women’s and men’s apparel products such as T-shirts, bras, panties, underwear, socks, hosiery, casualwear and activewear, in connection with a variety of successful brand names that include, but are not limited to, Champion®, Bali®, Just My Size®, Hanes®, and Playtex®. 2. Upon information and belief, Forever 21 was incorporated under the laws of the State of Delaware, and has a principal place of business at 2001 S. Alameda Street, Los Angeles, California. Upon information and belief, Forever 21 sells women’s apparel products at discount prices over the internet and at various retail stores. Case 1:11-cv-00711-UA -PTS Document 1 Filed 09/07/11 Page 1 of 6 JURISDICTION AND VENUE 3. This action arises under the Patent Act, 35 U.S.C. § 101 et seq. In addition, this is a controversy between citizens of different states and the amount in controversy exceeds $75,000. This Court has jurisdiction over Plaintiff’s claims under at least 28 U.S.C. §§ 1331, 1332 and 1338. 4. This Court has personal jurisdiction over Forever 21 under at least N.C. GEN. STAT. § 1-75.4, as Forever 21 has engaged in acts of infringement complained of herein in North Carolina and in this judicial district and otherwise has sufficient contacts with North Carolina. As an example, Forever 21 has retail stores at Hanes Mall and Four Seasons Town Center in Winston-Salem and Greensboro (respectively), North Carolina, where, upon information and belief, Forever 21 has shipped, sold and offered for sale some or all of the infringing products at issue. Further, upon information and belief, Forever 21 has purposefully advertised, sold and distributed infringing products to many customers in North Carolina and in this judicial district through its interactive website. Upon information and belief, Forever 21 has also purposefully sold and distributed numerous infringing products into the stream of commerce in the United States with the reasonable belief and expectation that such products would periodically flow into North Carolina and into this judicial district. 5. The United States District Court for the Middle District of North Carolina is the appropriate venue for this action, pursuant to 28 U.S.C. §§ 1391 and 1400(b), as Hanesbrands’ principal place of business is in this district, and a substantial portion of the acts giving rise to the claims at issue in this litigation occurred in this district. 2 Case 1:11-cv-00711-UA -PTS Document 1 Filed 09/07/11 Page 2 of 6 FACTS 6. Hanesbrands is the assignee of all right, title and interest to United States Patent No. 6,125,664 (“the ‘664 patent”), which issued on October 3, 2000. A copy of the ‘664 patent is attached hereto as Exhibit A. The ‘664 patent is entitled “Brassiere, Brassiere Blank and Methods of Making Same,” and is directed to brassieres and methods for manufacturing brassiers. 7. Forever 21 is currently making, selling, importing, distributing and/or offering for sale several different styles of bras that infringe one or more claims of the ‘664 patent. The infringing bras identified to date are sold by Forever 21 in connection with the following product names and numbers: Infringing Bras Currently Sold By Forever 21 NAME PRODUCT CODE Duo Dry Sports Bra 2079716076 *Y-Back Sports Top 2074201095 Athletic Top 2081637144 Athletic Top 2000010173 Textured Sports Top 2000010212 Rib Trimmed Sports Bra 2080188216 *Seamless Sports Bra 2000022261 Tonal Floral Sports Bra 2058636263 Performance Sports Bra 2079727299 Contrast Stripes Sports Bra 2062098386 Y-Back Sports Top 2062098397 Tie-Dye Sports Bra 2000005410 Athletic Top 2000005414 *Textured Athletic Top 2000005419 Adjustable Sports Bra 2079735426 Racerback Sports Top 2081502468 3 Case 1:11-cv-00711-UA -PTS Document 1 Filed 09/07/11 Page 3 of 6 Infringing Bras Currently Sold By Forever 21 Athletic Top 2082940560 Marathon Racerback Sports Bra 2082700620 Striped Athletic Top 2082938625 Striped Athletic Cropped Top 2080186668 Peekaboo Sports Bra 2070221737 Seamless Racerback Sports Bra 2070221739 *Sweat Wicking Racerback Sports Bra 2074200800 Striped Crossover Bra 2000002825 Bright Ridge Sports Bra 2000002831 *Athletic Top 2000002842 Striped Padded Sports Bra 2000010972 Cross Back Sports Bra 2064787987 COUNT ONE (Infringement of the ‘664 Patent) 8. Plaintiff incorporates by reference the allegations in the foregoing paragraphs, as if stated fully herein. 9. Hanesbrands owns all right, title and interest to the ‘664 patent. 10. Forever 21 has directly infringed and continues to infringe the ‘664 patent by making, importing, using, offering for sale, and/or selling sports bras that infringe claim 1 and other claims of the ‘664 patent in interstate commerce, without the authorization, consent or permission of Hanesbrands. 11. Upon information and belief, Forever 21’s infringement is willful, intentional and deliberate with the knowledge of and conscious disregard of Hanesbrands’ rights in the ‘664 patent. 4 Case 1:11-cv-00711-UA -PTS Document 1 Filed 09/07/11 Page 4 of 6 12. Forever 21’s infringement has caused and will continue to cause irreparable harm Hanesbrands unless Forever 21’s infringing activities are preliminarily and permanently enjoined by this Court. 13. Forever 21’s infringement has also caused monetary damages to Hanesbrands in an amount to be determined at trial. 14. On information and belief, Forever 21 is acting with knowledge of Hanesbrands’ patent rights. Forever 21’s infringement is therefore intentional and willful. As a result, Forever 21 should be held liable to Hanesbrands for enhanced damages and attorneys’ fees pursuant to 35 U.S.C. § 285. PRAYER FOR RELIEF WHEREFORE, Hanesbrands respectfully seeks the following relief: 1. Judgment in favor of Hanesbrands on the claims of patent infringement, including judgment that the ‘664 patent has been infringed by Forever 21, and that Forever 21’s infringement has been willful. 2. A preliminary and permanent injunction enjoining and restraining Forever 21 and its officers, agents, affiliates, servants, and employees, and all persons in active concert or participation with it from: a. Directly, indirectly or contributorily infringing the ‘664 patent, and from inducing, aiding, causing or materially contributing to any such infringement; and b. Any importation, manufacture, assembly, advertising, promotion, offer for sell, sell, purchase, distribution, movement or transfer, or any other involvement with products that infringe the ‘664 patent. 5 Case 1:11-cv-00711-UA -PTS Document 1 Filed 09/07/11 Page 5 of 6 3. An order that Forever 21 pay to Hanesbrands such damages as Hanesbrands has sustained as a consequence of Forever 21’s infringement, including lost profits or a reasonable royalty, interest, attorneys’ fees, costs, and exemplary damages. 4. An award of such other and further relief as the Court deems just and proper. TRIAL BY JURY IS REQUESTED Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Hanesbrands requests a trial by jury of any issues so triable. This the 7th day of September, 2011. /s/John F. Morrow, Jr. John F. Morrow, Jr. (NCSB No. 23382) Jeffrey R. McFadden (NCSB No. 16450) Matthew L. Jamison (NCSB No. 42528) [swearing in pending] WOMBLE CARLYLE SANDRIDGE & RICE, PLLC Attorneys for Plaintiff One West Fourth Street Winston-Salem, NC 27101 Telephone: 336-721-3584 Facsimile: 336-733-8429 [email protected] [email protected] [email protected] 6 Case 1:11-cv-00711-UA -PTS Document 1 Filed 09/07/11 Page 6 of 6.
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