Case 1:07-cv-03235-TPG Document 1 Filed 04/23/2007 Page 1 of 17 Case 1:07-cv-03235-TPG Document 1 Filed 04/23/2007 Page 2 of 17 THE PARTIES 1. Anna Sui Corp. is a New York corporation with a principal place of business and executive offices at 250 West 39th Street, New York, New York 10018. 2. Upon information and belief, Defendant Forever 21, Inc. is a Delaware corporation with a principal place of business and executive offices at 2001 S. Alameda Street, Los Angeles, California 90058. Forever 21, Inc. does business in this District with store locations throughout the State and City of New York, and via its website at www.forever21.com. 3. Upon information and belief, Defendant Forever 21 Retail, Inc. is a California corporation with a principal place of business and executive offices at 2001 S. Alameda Street, Los Angeles, California 90058. Forever 21 Retail, Inc. does business in this District with store locations throughout the State and City of New York. 4. Upon information and belief, Defendant Forever 21 Logistics, LLC is a Delaware limited liability company with its principal place of business and executive offices at 9 East Lookerman Street, Dover, Delaware 19901. Forever 21 Logistics, LLC is doing business in the State of New York and in this District. 5. Upon information and belief, Defendant Do Won Chang is an individual and the Chief Operating Officer of Defendant companies. Defendant Do Won Chang is a dominant and controlling force in the infringing activities complained of herein. JURISDICTION AND VENUE 6. Sui brings this action under the Copyright Act of 1976, 17 U.S. C. §§ 101, et seq. (the “Copyright Act”), the Lanham Trade-Mark Act, 15 U.S.C. §§ 1051 et seq. (the “Lanham Act”), and the laws of the State of New York, including §§ 349 et seq. of the New York General Business Law, against Defendants for, inter alia, willful infringement of Sui’s registered and common law copyrights, unfair competition and false designation of origin or sponsorship, and 2 Case 1:07-cv-03235-TPG Document 1 Filed 04/23/2007 Page 3 of 17 unfair competition under New York State law. 7. This Court has jurisdiction pursuant to Sections 501, et seq. of the Copyright Act, Section 1125(a) of the Lanham Act and 28 U.S.C. § 1331, 1332 and 1338(a) over causes of action alleging copyright infringement, unfair competition and false designation of origin. Supplemental jurisdiction is proper under 28 U.S.C. § 1338 and 1367 over causes of action created by the laws of the State of New York because these claims arise as part of the same case or controversy. 8. Venue is proper in this District under 28 U.S.C. § 1391 as the Defendants conduct business in this District, a substantial portion of the activity of which Plaintiff complains took place in this District, Defendants are subject to personal jurisdiction in this District, and the individual Defendant is a conscious, active and dominant force in the infringing activity complained of herein. BACKGROUND 9. Anna Sui is a leading designer of women’s fashions and a fixture of the American fashion world. For over 25 years Anna Sui has been identified as one of the “coolest” names in American fashion, known for her signature head-to-toe designs. Ms. Sui’s designs mix vintage styles with current cultural iconography to produce hip and exuberant original clothes, a “pastiche of hip and haute styles” (New York Times). Her runway shows are one of the most anticipated each season. Time magazine has named Ms. Sui one of “This Decade’s Top 5 Fashion Icons.” 10. In 1992, Ms. Sui opened the first of her own stores and in 1993 she won the prestigious CFDA Perry Ellis Award for New Fashion Talent. For at least the past 15 years, Ms. Sui and her designs have been regularly featured in the premier pages of the industry’s leading journals, including but not limited to Vogue, Elle and Women’s Wear Daily. Plaintiff’s business, under 3 Case 1:07-cv-03235-TPG Document 1 Filed 04/23/2007 Page 4 of 17 Ms. Sui’s leadership and inspiration, has grown to now include distribution in over 300 sales outlets in 30 countries; accessory, shoe, cosmetic and fragrance lines; and the licensing of the ANNA SUI brand and Sui designs to various products, from a limited collection of Mattel BARBIE dolls to a limited collection of Samsung phones. Her designs are regularly featured on leading celebrity talents such as Christina Ricci, Cher, Naomi Campbell, Lindsay Lohan, Maria Sharapova and Courtney Love. 11. Plaintiff Sui was incorporated March 26, 1981 and holds all right, title and interest to the ANNA SUI name and Ms. Sui’s designs. Sui’s business growth and leadership in the industry has been regularly heralded in the general and business press, including in such leading journals as The New York Times, Time and Forbes. Sui has received enormous unsolicited media coverage and is widely admired as a cutting edge designer. Sui is now a fashion leader in the design, development, manufacture and sale of women’s apparel, accessories, cosmetics and related goods (the “Sui Products”). 12. Sui is the owner of numerous trademark registrations for its mark ANNA SUI as well as numerous copyright registrations filed with the U.S. Copyright Office for its unique and original print and fabric designs (the “Sui Designs”). Sui Products bearing the Sui Designs have become widely recognized for their distinctive and original style, and for their high quality of manufacture. Authentic Sui Products bearing the Sui Designs bear the ANNA SUI mark. The current Sui Products collection is available at www.annasui.com and at its flagship store at 113 Greene Street, New York, New York in this District. 13. As a result of the quality and reputation of the Sui Products and the desirability and recognition of the Sui Designs, Sui has achieved an outstanding reputation in the marketplace and among consumers. The Sui Products and the Sui Designs have come to symbolize the reputation and goodwill of Ms. Sui and her company, Plaintiff Sui. 4 Case 1:07-cv-03235-TPG Document 1 Filed 04/23/2007 Page 5 of 17 14. Sui Products are sold in ANNA SUI boutiques and in hundreds of high-end retail outlets in the U.S. and throughout the World, including such high-end department stores as Neiman- Marcus, Bergdorf Goodman, Henri Bendel and Saks Fifth Avenue. Sui’s advertising and promotions are well known for their unique presentation and style, tailored to each season’s Sui Designs. Sui Designs and Sui’s marketing efforts and the quality of its Sui Products have resulted in hundreds of millions of dollars in sales per annum for Sui Products. 15. At certain times each year, Sui and the entire high-end fashion industry present their designs for the coming season to the trade. These collections are shown for the first time each year at the New York Spring and Fall fashion weeks at Bryant Park. The new collections receive widespread media attention and are a centerpiece of fashion and lifestyle news for weeks. Fashion critics publish daily reports of the collections and remark on the designs they believe will prove most popular with consumers and the fashion press. DEFENDANTS’ INFRINGING ACTIVITIES 16. A few weeks ago, it was brought to the attention of Sui that Defendants were selling and offering for sale in their stores numerous women’s clothing items bearing a striking similarity to the Sui Products featured at the most recent New York Fashion Week shows. Indeed, much of the collection displayed by Sui at the shows had itself not yet been finally manufactured and Sui’s own distribution of some of its newest Sui Products not yet released. Upon investigation, Sui determined that Defendants had copied numerous of Sui’s most recent Sui Designs and that Defendants had made an ongoing practice of such copying from a number of recent collections, since at least late 2005. Such copying was clearly blatant and intentional. A detailing of the Sui Designs copied, particularly when viewed in the context of the similarity of the overall garment designs in which the infringing designs are incorporated, makes evident that Defendants copying was willful as a matter of law. 5 Case 1:07-cv-03235-TPG Document 1 Filed 04/23/2007 Page 6 of 17 17. For example, in 2005, Sui created the Sui Design “Medallions,” an enlarged sample of which is annexed hereto as Exhibit 1-A. “Medallions” was incorporated prominently as an alternating print in an original Sui Product. Photos of the Sui Product bearing the “Medallions” Sui Design and Defendants’ infringing product are annexed hereto as Exhibit 1-B. Defendants have copied “Medallions” as the alternating print with “Stained Glass Border,” referenced in Paragraph 18 below, in the dress shown in Exhibit 2-B and bearing an overall striking similarity to the entire design of a Sui Product. “Medallions” is the subject of U.S. Copyright Reg. No. VA 1-391-590. A true and accurate copy of the Certificate of Registration for “Medallions” is annexed hereto as Exhibit 1-C. 18. In 2005, Sui also created the Sui Design “Stained Glass Border,” an enlarged sample of which is annexed hereto as Exhibit 2-A. “Stained Glass Border” was incorporated prominently in an original Sui Product. Defendants have copied “Stained Glass Border” as one of two prints in a dress bearing an overall striking similarity to the entire design of a Sui Product.