Gorski v. Gymboree Corporation - Complaint

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

COMPLAINT FOR COPYRIGHT, TRADEMARK & UNFAIR COMP.: CASE NO.
JEFFREY E. FAUCETTE (No. 193066)
SKAGGS FAUCETTE LLP
One Embarcadero Center, Suite 500
San Francisco, California 94111
Telephone: (415) 315-1669
Facsimile: (415) 433-5994
E-mail: jeff@skaggsfaucette.com

Attorneys for Plaintiff ELEKTRA PRINTZ
GORSKI

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

ELEKTRA PRINTZ GORSKI, an individual,

Plaintiff,

v.

THE GYMBOREE CORPORATION, a
Delaware corporation,

Defendant.

Case No.:

COMPLAINT FOR COPYRIGHT
INFRINGEMENT, TRADEMARK
INFRINGEMENT, AND UNFAIR
COMPETITION

DEMAND FOR JURY TRIAL

Case5:14-cv-01314-LHK Document1 Filed03/21/14 Page1 of 14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2
Plaintiff Elektra Printz Gorski (Gorski) by and for her complaint against Defendant The
Gymboree Corporation (Gymboree) alleges as follows:
INTRODUCTION
1. Gorski is an artist, entrepreneur, and designer who has been designing,
manufacturing, and selling apparel under the LETTUCE TURNIP THE BEET trademark and
various copyrighted designs since 2011. Her apparel designs and trademark have tremendous
popularity on Etsy, Pinterest, Instagram, Tumblr, Facebook, Wanelo, and other social media and
ecommerce websites. She owns multiple United States Federal Trademark Registrations for the
mark LETTUCE TURNIP THE BEET, and she has registered a copyright for her designs printed
on apparel, paintings, bags, and boxes incorporating this phrase. Gorski has been the exclusive
authorized seller of copies of these apparel designs since 2011.
2. In early 2014, Gymboree began selling a childrens t-shirt called the Lettuce
Turnip the Beet Tee through more than 300 of its Crazy 8 retail stores nationwide and on its
website at www.crazy8.com. This shirt is a knock-off of Gorskis copyrighted design and it
infringes Gorskis trademark. Prior to engagement in this activity, Gymboree had both actual and
constructive notice of Gorskis copyright and trademark rights, and Gymboree has knowingly and
willfully infringed on these rights. Gymboree has taken deliberate steps to infringe Gorskis
marks by marketing, distributing, and selling these t-shirts, even after receiving a cease and desist
letter from Gorski on March 4, 2014.
3. This action is brought to restrain Gymboree from continuing its intentional
infringement of Gorskis intellectual property rights, to end Gymborees unfair competition and
unjust enrichment, and to obtain redress for the damage caused to Gorski. Gymborees marketing
and sales of these products is causing immediate and irreparable injury to Gorski. Gorski hereby
seeks to enjoin Gymborees infringement of its mark and copyright and to recover damages
caused by Gymborees unlawful actions.
THE PARTIES
4. Plaintiff Elektra Printz Gorski is an individual who resides in Baltimore, Maryland.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3
5. Upon information and belief, Defendant The Gymboree Corporation is a
corporation organized under the laws of the state of Delaware and has a principal place of business
at 500 Howard Street, San Francisco, California.
NATURE OF THE CASE
6. This is an action for (a) infringement of United States copyrights in violation of 17
U.S.C. section 101 et seq.; (b) infringement of a registered trademark in violation of Section 32(1)
of the Lanham Act, 15 U.S.C. section 1114(1); and (c) unfair competition in violation of Section
43(a) of the Lanham Act, 15 U.S.C. section 1125(a).

JURISDICTION AND VENUE
7. This Court has subject matter jurisdiction over this action pursuant to 15 U.S.C.
section 1121 and 28 U.S.C. sections 1331 and 1338. Venue is proper within this district under the
provisions of 28 U.S.C. sections 1391 and 1400.
8. General personal jurisdiction over Gymboree is proper in this District due to its
headquarters and stores within this District, and its systematic business activity within this
District. Additionally, specific personal jurisdiction over Gymboree is proper in this District due
to Gymborees sales of infringing t-shirts in this District and by engaging in unfair competition in
this District.
INTRA-DISTRICT ASSIGNMENT
9. This action is an intellectual property action within the meaning of Local Rule 3-
2(c) and therefore is not subject to intradistrict venue provisions.
GORSKIS COPYRIGHT AND TRADEMARK RIGHTS
10. Gorski graduated from the Fashion Institute of Technology (FIT) in New York in
2007, winning the famed Critics Award as one of the most promising designers in her class. She
has taken advanced silkscreen classes at FIT and the School of Visual Arts (SVA) from 2006 to
2013. She is a designer and artist who is widely considered a master printer among her industry
peers who have printed for Warhol and Rauschenberg. Gorski is also a former Peace Corps
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

4
business volunteer to rural West Africa prior to winning a Rotary World Peace Fellowship to
complete her graduate degree in Japan under the Rotary Foundation. In 2011, she created the
LETTUCE TURNIP THE BEET mark and her first apparel and product designs using the mark as
both a source identifier and as a graphic design element.
11. Gorski owns United States Copyright Registration No. VA0001817452 (filed
August 29, 2011), titled June 2011 through August 2011 Elektra Printz Gorski Designs. True and
correct copies of Registration No. VA0001817452 and deposits for this registration are attached
hereto as Exhibit A.
12. Gorskis t-shirt garments depicting the copyrighted design have been available to
the public since June 2011 in SoHo, NYC and since August 2011 through the ecommerce website
Etsy (www.etsy.com) and Supermarket (www.supermarkethq.com). Thus, Gymboree had access
to these designs since August 2011 online.
13. The LETTUCE TURNIP THE BEET Mark is the subject of two trademark
registrations issued by the United States Patent and Trademark Office (the USPTO).
14. On March 5, 2013, the USPTO issued Registration Number 4,297,108 for the mark
LETTUCE TURNIP THE BEET for the following goods and services: Paper for wrapping and
packaging; tote bags; and Wearable garments and clothing, namely, shirts. Gorski is the
owner of Registration No. 4,297,108. A copy of a printout from the USPTO online database
reflecting this registration is attached as Exhibit B.
15. On December 24, 2013, the USPTO issued Registration Number 4,454,801 for the
mark LETTUCE TURNIP THE BEET for the following goods and services: On-line retail store
services featuring clothing, accessories and art. Gorski is the owner of Registration No.
4,454,801. A copy of a printout from the USPTO online database reflecting this registration is
attached as Exhibit C.
16. Gorskis goods and services sold under the LETTUCE TURNIP THE BEET Mark
have been offered in commerce since 2011, and these goods and services are well and favorably
known by the purchasing public, including many top celebrities. Pregnancy and Newborn
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

5
magazine even featured her baby LETTUCE TURNIP THE BEET organic bodysuit in their
February 2013 issue as a recommended product.
17. Since 2011, Gorski has provided notice that the LETTUCE TURNIP THE BEET
design, photos, and text in her online store are copyright protected by using the or by providing
written notification. Between 2012 and 2013, Gorski provided notice that the LETTUCE
TURNIP THE BEET Mark was trademark use by displaying LETTUCE TURNIP THE BEET
in each online product listing, and/or by providing other written notice that the LETTUCE
TURNIP THE BEET Mark is trademark and copyright protected. Since 2013, Gorski has
provided notice that the LETTUCE TURNIP THE BEET Mark is federally-registered by
displaying the letter R enclosed within a circle, thus , and/or by providing other written notice
that the LETTUCE TURNIP THE BEET Mark is federally-registered. In addition, on information
and belief, Defendant had actual notice that the LETTUCE TURNIP THE BEET Mark is
federally-registered.
DEFENDANT GYMBOREES INFRINGING ACTIVITIES
18. In early 2014, Gorski became aware of the sale by Gymboree (through its retail
stores Crazy 8 and online store at www.crazy8.com) of the Lettuce Turnip the Beet Tee bearing
a screen printed design substantially similar to that in June 2011 through August 2011 Elektra
Printz Gorski Designs. The rubbery, thick screen-printed design, heat transfer neckline label
branding, and poor finishing (un-cut threads, etc.) of these knock-off tees produced in Indonesia
was cheap by comparison to the made in the USA shirts, softer eco-friendly water-based ink,
sewn-in damask woven neckline labels, and whimsical hand-silkscreened hangtags used by
Gorski. Not surprisingly, these tees were sold by Gymboree between $8-10 USD, at
approximately one-third the price of Gorskis $24 tees. Gymborees knock-off tees are depicted in
Exhibit D attached hereto.
19. As can be seen in Exhibit D, the design on Gymborees knock-off tee is
substantially similar to Gorskis registered work in June 2011 through August 2011 Elektra Printz
Gorski Designs. The overall arrangement, shapes, typefaces, sizes and placement of the design
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

6
elements are substantially similar.
20. On information and belief, the designers employed by Gymboree to design the
knock-off tees had actual knowledge of Gorskis designs and LETTUCE TURNIP THE BEET
Mark. This Mark is uniquely associated with Gorskis goods and services, and Gorskis designs
are tremendously popular on social networking sites such as Pinterest.
21. On information and belief, Gymborees designers have seen Gorskis designs and
noted the popularity of them on Pinterest, Etsy, and other websites. Gorskis light grey heather
shirt for children is widely considered one of the most popular childrens products ever pinned on
Pinterest under their Popular heading and has over 120,000 product views on Etsy making it
one of the most popular products ever on Etsy. Gorski also has a light blue heather t-shirt for
children that is equally popular and is almost the same hue and tri-blend fabric content as the t-
shirt produced by Gymboree. True and correct copies of photographs of these shirts are attached
hereto in Exhibit E along with a true and correct copy of a photograph of Gymborees infringing
shirt.
22. The use of the LETTUCE TURNIP THE BEET Mark on Gymborees Lettuce
Turnip the Beet Tee is confusingly similar to Gorskis use of the LETTUCE TURNIP THE
BEET Mark in the offering of her goods and services on Etsy and other sites, and Gymborees use
of this mark in commerce is likely to cause confusion among consumers as to the source,
sponsorship or affiliation of Gymborees goods and services.
23. Gymboree has used the LETTUCE TURNIP THE BEET Mark on goods that are
identical to some of the goods offered by Gorski under the LETTUCE TURNIP THE BEET Mark,
in particular short-sleeved t-shirts for children.
24. Gymborees use of Lettuce Turnip the Beet in connection with the manufacture,
advertisement, distribution, and/or sale of apparel and on its www.crazy8.com website damages
the value of Gorskis rights in the LETTUCE TURNIP THE BEET Mark and is likely to injure the
business reputation of Gorski.
25. On information and belief, Gymboree has used the LETTUCE TURNIP THE
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

7
BEET Mark on its apparel and online storefront with the intent to benefit from Gorskis goodwill
and reputation in apparel and online storefronts, to deceive the public as to the source or origin of
Gymborees goods, or, alternatively, to overwhelm Gorskis use of the LETTUCE TURNIP THE
BEET Mark so to deceive the public as to the source or origin of Gorskis goods, and to profit
from the demand created for goods, namely childrens apparel, identified with Gorskis
LETTUCE TURNIP THE BEET Mark.
26. As a direct result of Gymborees infringing activities, Gorski has been and will be
irreparably injured by the confusion likely to occur, by the damage to the value of Gorskis rights
in the LETTUCE TURNIP THE BEET Mark and by the likely injury to the business reputation of
Gorski. Gymborees continued and infringing use of the LETTUCE TURNIP THE BEET Mark
has and will materially and negatively affect the business, reputation and goodwill of Gorski.
27. Gymborees use of the LETTUCE TURNIP THE BEET Mark has and will
adversely affect sales of Gorskis goods and the value of the LETTUCE TURNIP THE BEET
Mark. Customers have been and may be confused into purchasing Gymborees clothing by
thinking that it is a line of clothing produced or licensed by Gorski. To the extent Gymborees
clothing is not well-received by consumers, the reputation of Gorski has been and will be harmed
and this harm would be irreparable.
28. Gorski has already received multiple communications from consumers evidencing
the fact that actual confusion has occurred as a result of Gymborees infringement.
29. In sum, Gymborees marketing, advertising, sale and promoting the sale of its
clothing using an infringing mark will create a likelihood that a false and unfair association will be
made between the clothing of Gymboree and that of Gorski because the purchasing public is likely
to believe that Gymborees clothing is connected with, produced or sponsored by Gorski.
30. Gorski has no adequate remedy at law and will continue to suffer irreparable harm
unless Gymboree is restrained from its willful infringement of the LETTUCE TURNIP THE
BEET Mark.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

8
FIRST CLAIM FOR RELIEF
(Copyright Infringement)
(17 U.S.C. 101 et seq.)
31. The allegations of paragraphs 1 through 30 are incorporated herein by reference.
32. Gymboree has infringed Gorskis copyright in June 2011 through August 2011
Elektra Printz Gorski Designs through the reproduction of and/or distribution of substantially
similar designs on childrens t-shirts sold in Gymborees 300+ Crazy 8 stores and online on
Gymborees website at www.crazy8.com.
33. On information and belief, the infringement of Gorskis registered copyright was
willful. In designing Gymborees knock-offs to compete with Gorskis garments, Gymboree had
access to June 2011 through August 2011 Elektra Printz Gorski Designs. The similarity of these
highly creative designs and the use for identical purposes on competing products in the form of
childrens t-shirts gives rise to a strong inference of willful infringement.
34. Gorski has been damaged by Gymborees willful infringement in a sum to be
determined.
35. As a direct result of Gymborees infringement, Gorski has suffered and will suffer
irreparable harm, including but not limited to harm to her business and goodwill.
36. On information and belief, Gymboree threatens to continue its infringing activities,
and unless restrained and enjoined, will do so. Gorskis remedy at law is inadequate to
compensate her for the harm caused by and threatened by Gymboree.
SECOND CLAIM FOR RELIEF
(Infringement of Registered Marks)
(15 U.S.C. 1114)
38. Gorskis registered LETTUCE TURNIP THE BEET Mark has acquired secondary
meaning. Purchasers associate the LETTUCE TURNIP THE BEET Mark only with Gorskis
clothing goods and online storefront. This is a result of extensive advertising, social media
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

9
interest and sales throughout the United States of goods and services bearing the LETTUCE
TURNIP THE BEET Mark.
39. Gymboree, by using the LETTUCE TURNIP THE BEET Mark in connection with
the advertisement, distribution and sale of clothing and its online storefront, have used and intend
to continue to use, in commerce an imitation of the LETTUCE TURNIP THE BEET Mark in
connection with the advertisement, distribution and sale of clothing and an online storefront in a
manner that is likely to cause confusion, mistake or deception.
40. By committing the acts alleged herein, Gymboree has intentionally, knowingly and
willfully infringed the registered LETTUCE TURNIP THE BEET Mark, and Gymboree continues
to do so.
41. Because of Gymborees infringement, Gorski has been irreparably harmed. Gorski
will continue to suffer irreparable harm unless Gymboree is preliminarily and permanently
restrained from infringing the LETTUCE TURNIP THE BEET Mark.
42. Gorski is entitled to recover all profits heretofore realized by Gymboree during its
infringement of the LETTUCE TURNIP THE BEET Mark, as well as Gorskis costs in this action
pursuant to 15 U.S.C. section 1117(a).
43. Gymborees actions have been willful, malicious and fraudulent with knowledge of
the likelihood of confusion and deception and with intent to confuse and deceive, as alleged
above. Therefore, Gorski is entitled to recover three times the amount of Gymborees profits plus
Gorskis reasonable attorneys fees pursuant to 15 U.S.C. section 1117(b).
THIRD CLAIM FOR RELIEF
(Unfair Competition and False Designation of Origin)
(15 U.S.C. 1125(a))
45. As stated above, Gorski, for many years and long prior to the acts of Gymboree
herein complained of, has marketed its clothing and online storefront under the LETTUCE
TURNIP THE BEET Mark.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

10
46. Gymboree has copied Gorskis LETTUCE TURNIP THE BEET Mark. As a
result, Gymborees marketing and sale of clothing and/or its online storefront under the
LETTUCE TURNIP THE BEET Mark is likely to deceive and cause confusion to the purchasing
public and to induce them to believe that Gymboree or their goods or services are in some manner
related to, approved by or sponsored by Gorski; alternatively, Gymborees marketing and sale of
clothing and/or its online storefront under the LETTUCE TURNIP THE BEET Mark is likely to
deceive and cause confusion to the purchasing public and to induce them to believe that Gorskis
goods or services are in some manner related to, approved by or sponsored by Gymboree.
Gymboree has intentionally engaged in conduct that constitutes a false designation of origin, a
false or misleading description of fact, and a false or misleading representation of fact tending
wrongfully and falsely to describe or represent a connection or affiliation between Gorskis goods
and services and Gymborees goods and services in violation of 15 U.S.C. section 1125(a).
Gorski believes that customers are likely to be confused by Gymborees use of such false
designations of origin, and false descriptions or representations regarding Gorskis goods and
Gymborees goods.
47. By committing the acts alleged herein, Gymboree has intentionally, knowingly and
willfully infringed the Gorskis mark, and Gymboree continues to do so.
48. Because of Gymborees infringement, Gorski has been irreparably harmed. Gorski
will continue to suffer irreparable harm unless Gymboree is preliminarily and permanently
restrained from infringing the LETTUCE TURNIP THE BEET Mark.
49. Gorski is entitled to recover all profits heretofore realized by Gymboree during its
infringement of the LETTUCE TURNIP THE BEET Mark, as well as Gorskis costs in this action
pursuant to 15 U.S.C. section 1117(a).
50. Gymborees actions have been willful, malicious and fraudulent with knowledge of
the likelihood of confusion and deception and with intent to confuse and deceive, as alleged
above. Therefore, Gorski is entitled to recover three times the amount of Gymborees profits plus
Gorskis reasonable attorneys fees pursuant to 15 U.S.C. section 1117(b).
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

11
PRAYER FOR RELIEF
WHEREFORE, Gorski prays for prays that this Court enter judgment in her favor on each
and every claim for relief set forth above and award her relief including, but not limited to, the
following:
1. That Gymboree be adjudged to have infringed Gorskis copyright in the work
described herein pursuant to 17 U.S.C. section 501;
2. That Gymboree be adjudged to have advertised, distributed and sold goods
infringing the registered LETTUCE TURNIP THE BEET Mark, in violation of federal law;
3. That all goods, documents, advertising, packaging and any other materials
infringing the LETTUCE TURNIP THE BEET Mark in the possession, custody or control of
Gymboree be seized;
4. That Gymboree be adjudged to have willfully and deliberately infringed the
registered LETTUCE TURNIP THE BEET Mark, in violation of federal law;
5. That Gymboree be adjudged to have competed unfairly with Gorski by its
infringing use of the LETTUCE TURNIP THE BEET Mark, in violation of federal law;
6. That Gymboree and its officers, agents, owners, employees, confederates, attorneys
and any persons in active concert or participation with them be temporarily, preliminarily and
permanently enjoined and restrained from:
a) Infringement of Gorskis copyright designs as described herein and any
others;
b) Using the LETTUCE TURNIP THE BEET Mark, or any other confusingly
similar mark including, without limitation, LETTUCE TURNIP THE BEET, and/or any
reproduction, copy or colorable imitation of said mark, in connection with the advertising,
manufacturing, offering for sale, distribution or sale of clothing or any other goods or
services that are not authorized by Gorski;
c) Using the LETTUCE TURNIP THE BEET Mark or any other confusingly
similar mark including, without limitation, LETTUCE TURNIP THE BEET, and/or any
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

12
other mark including any reproduction, copy or colorable imitation of said mark on
clothing in any manner likely to cause others to believe that any of Gymborees goods or
services are made by, distributed by, associated or connected with Gorskis goods or
services;
d) Committing any other acts calculated to cause actual or potential purchasers
to be confused regarding the source or sponsor of Gymborees and/or Gorskis goods
and/or services; and
e) Assisting, aiding or abetting any supplier, distributor or any other person or
business entity in engaging in or performing any of the activities referred to in the above
subparagraphs a through d;
7. That Gymboree be ordered to deliver to Gorski all materials that infringe Gorskis
copyright designs as described herein and/or Gorskis LETTUCE TURNIP THE BEET Mark;
8. That Gymboree be ordered to advise Gorski of the identity of all customers,
suppliers, distributors and manufacturers of Gymborees goods that infringe Gorskis copyright
designs as described herein and/or Gorskis LETTUCE TURNIP THE BEET Mark;
9. That Gymboree be ordered to advise all customers, suppliers, distributors and
manufacturers that Gymborees goods or services infringing the LETTUCE TURNIP THE BEET
Mark were not manufactured, licensed, authorized or distributed by Gorski, and that any such
goods sold or distributed by Gymboree may be returned to Gymboree and/or Crazy 8 in any
condition for a full refund, and that Gymboree shall make such refund and maintain all records
relating to such recall notices and refunds;
10. For an accounting of all of Gymborees profits attributable to the infringement,
including both direct profits and indirect profits in the form of convoyed sales of related items
pursuant to 17 U.S.C. section 504;
11. For an award to Gorski of her actual damages and any additional profits of
Gymboree, or enhanced statutory damages, whichever is greatest, pursuant to 17 U.S.C. section
504;
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

13
12. For an award of Gorskis attorneys fees, expenses and costs, pursuant to 17 U.S.C.
section 505;
13. For an award of all profits heretofore realized by Gymboree during its use of the
infringing marks pursuant to 15 U.S.C. section 1117;
14. For an award of three times the amount of Gymborees profits and Gorskis
reasonable attorneys fees pursuant to 15 U.S.C. section 1117(b);
15. For an award of compensatory damages;
16. For an award of punitive damages;
17. For an award of costs; and
18. For all other relief the Court deems just and proper.

Dated: March 21, 2014 SKAGGS FAUCETTE LLP

By: /s/

Jeffrey E. Faucette
Attorneys for Plaintiff ELEKTRA PRINTZ GORSKI

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

14
JURY TRIAL DEMANDED
Pursuant to Rule 38(a) of the Federal Rules of Civil Procedure, Plaintiff demands trial by
jury of all issues properly triable of right by a jury.

Dated: March 21, 2014 SKAGGS FAUCETTE LLP

By: /s/

Jeffrey E. Faucette
Attorneys for Plaintiff ELEKTRA PRINTZ GORSKI


EXHIBIT A

Case5:14-cv-01314-LHK Document1-1 Filed03/21/14 Page1 of 6

EXHIBIT B

UnitedStatesPatentandTrademarkOffice
Home|SiteIndex|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBizalerts|News|Help
Trademarks>TrademarkElectronicSearchSystem(TESS)
TESSwaslastupdatedonWedMar1903:20:59EDT2014

Logout Pleaselogoutwhenyouaredonetoreleasesystemresourcesallocatedforyou.
Start
ListAt: OR
Jump
torecord:
Record4outof5
(Usethe"Back"buttonoftheInternetBrowserto
returntoTESS)
WordMark LETTUCETURNIPTHEBEET
Goodsand
Services
IC016.US002005022023029037038050.G&S:Paperforwrappingandpackaging.FIRST
USE:20110501.FIRSTUSEINCOMMERCE:20110601
IC018.US001002003022041.G&S:Totebags.FIRSTUSE:20110501.FIRSTUSEIN
COMMERCE:20110601
IC025.US022039.G&S:Wearablegarmentsandclothing,namely,shirts.FIRSTUSE:
20110501.FIRSTUSEINCOMMERCE:20110601
Standard
Characters
Claimed
MarkDrawing
Code
(4)STANDARDCHARACTERMARK
SerialNumber 85437835
FilingDate October3,2011
CurrentBasis 1A
OriginalFiling
Basis
1A
Publishedfor
Opposition
September11,2012
Registration
Number
4297108
RegistrationDate March5,2013
Owner (REGISTRANT)ElektraPrintzGorskiINDIVIDUALUNITEDSTATESApt.4H815W.181stStreet
NewYorkNEWYORK10033
TypeofMark TRADEMARK
Register PRINCIPAL
Live/Dead
Indicator
LIVE

|.HOME|SITEINDEX|SEARCH|eBUSINESS|HELP|PRIVACYPOLICY

EXHIBIT C

UnitedStatesPatentandTrademarkOffice
Home|SiteIndex|Search|FAQ|Glossary|Guides|Contacts|eBusiness|eBizalerts|News|Help
Trademarks>TrademarkElectronicSearchSystem(TESS)
TESSwaslastupdatedonWedMar1903:20:59EDT2014

Logout Pleaselogoutwhenyouaredonetoreleasesystemresourcesallocatedforyou.
Start
ListAt: OR
Jump
torecord:
Record3outof5
(Usethe"Back"buttonoftheInternetBrowserto
returntoTESS)
WordMark LETTUCETURNIPTHEBEET
Goodsand
Services
IC035.US100101102.G&S:Onlineretailstoreservicesfeaturingclothing,accessoriesand
art.FIRSTUSE:20110828.FIRSTUSEINCOMMERCE:20110828
Standard
Characters
Claimed
MarkDrawing
Code
(4)STANDARDCHARACTERMARK
SerialNumber 85928608
FilingDate May10,2013
CurrentBasis 1A
OriginalFiling
Basis
1A
Publishedfor
Opposition
October8,2013
Registration
Number
4454801
RegistrationDate December24,2013
Owner (REGISTRANT)ElektraPrintzGorskiINDIVIDUALUNITEDSTATES1104RegesterAvenue
BaltimoreMARYLAND21239
Attorneyof
Record
KevinMurphy,Esq.
Prior
Registrations
4297108
TypeofMark SERVICEMARK
Register PRINCIPAL
Live/Dead
Indicator
LIVE

|.HOME|SITEINDEX|SEARCH|eBUSINESS|HELP|PRIVACYPOLICY

EXHIBIT D

770
BESOCIALWITHUS!
Sign Up Today!
GiftServices : ShippingServices : Returns : GiftCards : SizeCharts
SiteMap : StoreLocator : OurCompany : JoinOurTeam : TermsofUse : YourPrivacyRights :
Affiliates
BabyBoy
SHOPOURFAVORITES
OurFavoriteLooks
ColorJeansShop
JeansShop
SleepwearShop
EverydayWearShop
SHOPBYCOLLECTION
SpringDressUpNew
NeonPreppy
ColorWave
SwimShop
VikingCrewSale
ZanyGuySale
MegaGamerSale
SHOPBYCATEGORY
Sale
Outfits
Shirts
Polos&Rugbys
Tees&Henleys
GraphicTees&Tanks
Sweatshirts&Hoodies
Sweaters
Outerwear
Pants
Jeans
Shorts
Swimwear
Accessories
Shoes
Sleepwear
Underwear
AverageCustomerRating
Reviewedby1customer
Displayingreview1
ByAimeeR
fromBayArea,CA
AboutMe:Parent
Haveyoushopped
withusbefore?:
Yes
Sizing: Feelstoosmall
Wasthisagift?: No
NumberofChildren: 1
TheshirtisreallycutebutIwouldorderasizeup.Thesize3Tisabout2
inchesshorterthanother3TshirtsfromCrazy8.Itisalsoshorterthan
Gymboree2Tshortsleeveshirts.
BottomLine:Yes,Iwouldrecommendthistoafriend
Wasthisreviewhelpful?Yes/NoYoumayalsoflagthisreview
Backtotop
Home BabyBoy Tees&Henleys LettuceTurnipTheBeetTee
CustomerReviews
Commentonthisreview
MyAccount : CustomerService : GiftCards : StoreLocator
Search by keyword or item #
ShoppingBag: 0items
0
1Reviews | WriteAReview
Item#140123824
LettuceTurnipTheBeetTee
Boldscreenprintingturnsupthecoloronasoftheatherytee.
55%cotton/39%polyester/6%rayonjersey
Featuresscreenprinting
Machinewashableimported
CollectionName:NeonPreppy
612m 1218m 1824m 2y 3y 4y 5y
FITS: Regular
Pricesmayvary COLOR:HeatherBlue
SIZE: SizeChart
reg: $12.88
Buy1Get1$0.88
QUANTITY: 1
MAR 13 2014
(1of1customersfoundthisreviewhelpful)
Supercutebutrunssmall
172k Like
ViewLarger

GettheLook!
11 Like

EXHIBIT E

JS 44 (Rev. 12/12)
Cand rev (1/15/13)
CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

ELEKTRA PRINTZ GORSKI

THE GYMBOREE CORPORATION

(b) County of Residence of First Listed Plaintiff Baltimore, MD County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number)
Attorneys (If Known)
Jeffrey E. Faucette (No. 193066)
Skaggs Faucette LLP
One Embarcadero Center, Suite 500
San Francisco, CA 94111
(415) 315-1669

II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6
Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 400 State Reapportionment
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 410 Antitrust
140 Negotiable Instrument Liability 367 Health Care/ 430 Banks and Banking
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 450 Commerce
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 460 Deportation
151 Medicare Act 330 Federal Employers Product Liability 830 Patent 470 Racketeer Influenced and
152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark Corrupt Organizations
Student Loans 340 Marine Injury Product 480 Consumer Credit
(Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY 490 Cable/Sat TV
153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 850 Securities/Commodities/
of Veterans Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) Exchange
160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 890 Other Statutory Actions
190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI 891 Agricultural Acts
195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 893 Environmental Matters
196 Franchise Injury 385 Property Damage 751 Family and Medical 895 Freedom of Information
362 Personal Injury - Product Liability Leave Act Act
Medical Malpractice 790 Other Labor Litigation 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS 899 Administrative Procedure
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff Act/Review or Appeal of
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) Agency Decision
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRSThird Party 950 Constitutionality of
240 Torts to Land 443 Housing/ Sentence 26 USC 7609 State Statutes
245 Tort Product Liability Accommodations 530 General
290 All Other Real Property 445 Amer. w/Disabilities
-
535 Death Penalty IMMIGRATION
Employment Other:
462 Naturalization Application
-

446 Amer. w/Disabilities
-
540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee -
Conditions of
Confinement

V. ORIGIN (Place an X in One Box Only)

Transferred from
Another District
(specify)

1 Original
Proceeding
2 Removed from
State Court
3 Remanded from
Appellate Court
4 Reinstated or
Reopened
5 6 Multidistrict
Litigation

VI. CAUSE OF
ACTION
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
17 U.S.C. 101, 15 U.S.C. 1114, and 15 U.S.C. 1125(a)
Brief description of cause:
Copyright infringement, trademark infringement, and unfair competition
VII. REQUESTED IN
COMPLAINT:

CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
DEMAND $

CHECK YES only if demanded in complaint:
JURY DEMAND: Yes No
VIII. RELATED CASE(S)
IF ANY

(See instructions):
JUDGE

DOCKET NUMBER

IX. DIVISIONAL ASSIGNMENT (Civil L.R. 3-2)
(Place an X in One Box Only) ( ) SAN FRANCISCO/OAKLAND ( ) SAN JOSE ( ) EUREKA
DATE SIGNATURE OF ATTORNEY OF RECORD
March 21, 2014 Jeffrey E. Faucette /s/


Gorski v. Gymboree Corporation - Complaint

Hochgeladen von

Dokumentinformationen

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Gorski v. Gymboree Corporation - Complaint

Hochgeladen von

Copyright:

Verfügbare Formate

1

Das könnte Ihnen auch gefallen