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Levi Strauss & Co. v. Kenzo Paris USA LLC et al, Docket No.

3:18-cv-02106
 
(N.D. Cal. Apr 06, 2018), Court Docket
 
Printed By: CCANAHAI on Monday, April 9, 2018 - 11:38 AM
 
Levi Strauss & Co. v. Kenzo Paris USA LLC et al, Docket No. 3:18-cv-02106 (N.D. Cal. Apr 06, 2018), Court Docket

Multiple Documents
Part Description
1 11 pages
2 Exhibit A
3 Exhibit B
4 Exhibit C
5 Exhibit D
6 Civil Cover Sheet

© 2018 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service
// PAGE 1
Case 3:18-cv-02106-LB Document 1 Filed 04/06/18 Page 1 of 11

1 KILPATRICK TOWNSEND & STOCKTON LLP


GREGORY S. GILCHRIST (State Bar No. 111536)
2 GIA L. CINCONE (State Bar No. 141668)
RYAN BRICKER (State Bar No. 269100)
3 CALLA E. YEE (State Bar No. 306652)
Two Embarcadero Center, Suite 1900
4 San Francisco, California 94111
Telephone: (415) 576-0200
5 Facsimile: (415) 576-0300
E-Mail: ggilchrist@kilpatricktownsend.com
6 gcincone@kilpatricktownsend.com
rbricker@kilpatricktownsend.com
7 cyee@kilpatricktownsend.com
8 Attorneys for Plaintiff
LEVI STRAUSS & CO.
9

10

11 UNITED STATES DISTRICT COURT


12 FOR THE NORTHERN DISTRICT OF CALIFORNIA
13

14 LEVI STRAUSS & CO., Case No. 3:18-cv-2106


15 Plaintiff, COMPLAINT FOR TRADEMARK
INFRINGEMENT, UNFAIR
16 v. COMPETITION, AND DILUTION
(INJUNCTIVE RELIEF SOUGHT)
17 KENZO PARIS USA LLC and KENZO S.A.,
JURY TRIAL DEMAND
18 Defendants.
19
20 Plaintiff Levi Strauss & Co. (“LS&Co.”) complains against Defendants Kenzo Paris USA LLC

21 and Kenzo S.A. (collectively “Kenzo”) as follows:

22 JURISDICTION, VENUE AND INTRA-DISTRICT ASSIGNMENT

23 1. Plaintiff LS&Co.’s first, second and third claims arise under the Trademark Act of

24 1946 (the Lanham Act), as amended by the Trademark Dilution Revision Act of 2006 (15 U.S.C.

25 §§ 1051, et seq.). This Court has jurisdiction over such claims pursuant to 28 U.S.C. §§ 1338(a) and

26 1338(b) (trademark and unfair competition), 28 U.S.C. § 1331 (federal question) and 15 U.S.C. § 1121

27 (Lanham Act). This Court has supplemental jurisdiction over the remaining state law claims under

28 28 U.S.C. § 1367.

COMPLAINT – Case No. 3:18-cv-2106 -1-


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1 2. LS&Co. is informed and believes that venue is proper in this Court under 28 U.S.C.
2 § 1391(b) because Kenzo transacts affairs in this district and because a substantial part of the events
3 giving rise to the claims asserted arose in this district.
4 3. Intra-district assignment to any division of the Northern District is proper under Local
5 Rule 3-2(c) and the Assignment Plan of this Court as an “Intellectual Property Action.”
6 PARTIES
7 4. LS&Co. is a Delaware corporation with its principal place of business at Levi’s Plaza,
8 1155 Battery Street, San Francisco, California 94111. Operating since approximately the 1850s,
9 LS&Co. is one of the oldest and best known apparel companies in the world. It manufactures, markets
10 and sells a variety of apparel, including its traditional LEVI’S® brand products.
11 5. LS&Co. is informed and believes that defendant Kenzo Paris USA LLC is a Delaware
12 limited liability company with its principal place of business at 80 State Street, Albany, New York
13 12207.
14 6. LS&Co. is informed and believes that defendant Kenzo S.A. is a French Société
15 Anonyme with its principal place of business at 18 Rue Vivienne, Paris F75002, France.
16 7. LS&Co. is informed and believes that Kenzo manufactures, distributes and/or sells, or
17 has manufactured, distributed and/or sold, jeans and other apparel under the brand name Kenzo which
18 are offered for sale and sold throughout the United States, including in this judicial district. LS&Co.
19 is further informed and believes that Kenzo has authorized, directed, and/or actively participated in the
20 wrongful conduct alleged herein
21 FACTS AND ALLEGATIONS COMMON TO ALL CLAIMS
22 LS&Co.’s Tab Trademark
23 8. LS&Co. marks its LEVI’S® brand products with a set of trademarks that are famous
24 around the world. For many years prior to the events giving rise to this Complaint and continuing to
25 the present, LS&Co. annually has spent great amounts of time, money, and effort advertising and pro-
26 moting the products on which its trademarks are used and has sold many millions of these products all
27 over the world, including throughout the United States and in California. Through these investments
28 and large sales, LS&Co. has created considerable goodwill and a reputation for quality products.

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1 LS&Co. continuously has used these trademarks, some for well over a century, to distinguish its
2 products.
3 9. Most of LS&Co.’s trademarks are federally registered; all are in full force and effect,
4 valid and protectable, and exclusively owned by LS&Co. LS&Co. continuously has used each of its
5 trademarks, from the registration date or earlier, until the present and during all time periods relevant
6 to LS&Co.’s claims.
7 10. Among its marks, LS&Co. owns the famous Tab Device Trademark (the “Tab trade-
8 mark”), which consists of a textile marker or other material sewn into one of the regular structural
9 seams of the garment. LS&Co. uses the Tab trademark on LEVI’S® jeans and a variety of other
10 clothing products.
11 11. LS&Co. began to display the Tab trademark on the rear pocket of its pants in 1936
12 when its then National Sales Manager, Leo Christopher Lucier, proposed placing a folded cloth ribbon
13 in the structural seams of the rear pocket. The purpose of this “tab” was to provide “sight identifica-
14 tion” of LS&Co.’s products. Given the distinctiveness of the Tab trademark, Mr. Lucier asserted that
15 “no other maker of overalls can have any other purpose in putting a colored tab on an outside patch
16 pocket, unless for the express and sole purpose of copying our mark, and confusing the customer.”
17 12. LS&Co. owns, among others, the following United States Registrations for its Tab
18 trademark, attached as Exhibit A. These registrations have become incontestable under the provisions
19 of 15 U.S.C. § 1065.
20 a. Registration No. 516,561 (first used as early as September 1, 1936;
21 registered October 18, 1949);
22 b. Registration No. 1,157,769 (first used as early as September 1, 1936;
23 registered June 16, 1981).
24 c. Registration No. 2,791,156 (first used as early as September 1, 1936;
25 registered December 9, 2003).
26 d. Registration No. 356,701 (first used as early as September 1, 1936;
27 registered May 10, 1938);
28 / / /

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1 e. Registration No. 577,490 (first used as early as September 1, 1936;


2 registered July 21, 1953);
3 f. Registration No. 774,625 (first used as early as May 22, 1963;
4 registered August 4, 1964); and
5 g. Registration No. 775,412 (first used as early as October 9, 1957;
6 registered August 18, 1964).
7 13. The Tab trademark is valid and protectable, and exclusively owned by LS&Co. The
8 Tab trademark is famous and recognized around the world and throughout the United States by con-
9 sumers as signifying authentic, high quality LEVI’S® jeans and other garments. The Tab trademark
10 became famous prior to Kenzo’s conduct that is the subject of this Complaint.
11 14. Examples of LS&Co.’s use of its Tab trademark on LEVI’S® jeans and pants are
12 attached as Exhibit B.
13 Kenozo’s Infringement of LS&Co.’s Tab Trademark
14 15. Beginning at some time in the past and continuing until the present, Kenzo has manu-
15 factured, promoted and sold garments that infringe and dilute LS&Co.’s Tab trademark.
16 16. In particular, LS&Co. is informed and believes that Kenzo has manufactured, sourced,
17 marketed and/or sold substantial quantities of jeans, shorts, overalls, and other garments bearing
18 pocket tab devices that are highly similar to LS&Co.’s Tab trademark (hereinafter the “Kenzo Tabs”)
19 and are likely to confuse consumers about the source of Kenzo’s products and/or a relationship
20 between Kenzo and LS&Co. Images of some of Kenzo’s products bearing the Kenzo Tabs are
21 attached to this Complaint as Exhibit C.
22 17. On or about February 15, 2018, shortly after becoming aware that Kenzo was offering
23 products in the United States bearing the Kenzo Tabs, LS&Co. sent a cease and desist letter to Kenzo
24 and requested that Kenzo cease distribution and sale of the infringing products.
25 18. On or about March 1, 2018, Kenzo’s legal counsel responded that LS&Co.’s claims
26 were under investigation, and that Kenzo expected to have a substantive response “shortly.” On
27 March 9, 2018, following a reminder from LS&Co., Kenzo’s counsel stated that things had been
28 “a bit hectic” but that he expected to have a response during the week of March 19, 2018. LS&Co.’s

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1 counsel responded the same day, reiterating LS&Co.’s concern about the infringement and noting,
2 “The tab Kenzo is using is nearly identical to LS&Co.’s trademark, and remains online and for sale
3 worldwide to our client’s detriment. There is urgency on LS&Co.’s side to receive prompt confirma-
4 tion that Kenzo has ceased selling these designs.” On March 14, 2018, following a further inquiry
5 from LS&Co.’s, Kenzo’s counsel responded that the matter was still “under review.” To date, Kenzo
6 still has not provided any substantive response to LS&Co.’s cease and desist correspondence.
7 19. On or about March 20, 2018, Kenzo introduced a new collection headlined “Kenzo
8 presents Britney Spears - La Collection Memento N°2” (hereinafter the “Kenzo Britney Spears
9 Collection”). The Kenzo Britney Spears Collection featured new products bearing the infringing
10 Kenzo Tabs. Images of garments from the Kenzo Britney Spears Collection bearing the Kenzo Tabs
11 are attached to this Complaint as Exhibit D.
12 20. LS&Co. is informed and believes that Kenzo has manufactured, marketed and sold
13 substantial quantities of products bearing the Kenzo Tabs, and has obtained and continues to obtain
14 substantial profits from these sales. LS&Co. is further informed and believes that Kenzo continues to
15 sell garments bearing pocket tab devices that are highly similar to LS&Co.’s Tab trademark and that
16 violate LS&Co.’s rights in its Tab trademark.
17 21. Kenzo’s actions have caused and will cause LS&Co. irreparable harm for which money
18 damages and other remedies are inadequate. Unless Kenzo is restrained by this Court, it will continue
19 and/or expand its illegal activities and otherwise continue to cause great and irreparable damage and
20 injury to LS&Co. by, among other things:
21 a. Depriving LS&Co. of its statutory rights to use and control use of its
22 trademark;
23 b. Creating a likelihood of confusion, mistake and deception among
24 consumers and the trade as to the source of the infringing products;
25 c. Causing the public falsely to associate LS&Co. with Kenzo and/or
26 its products, or vice versa;
27 / / /
28 / / /

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1 d. Causing incalculable and irreparable damage to LS&Co.’s goodwill


2 and diluting the capacity of its Tab trademark to differentiate
3 LEVI’S® products from others; and
4 e. Causing LS&Co. to lose sales of its genuine clothing products.
5 22. Accordingly, in addition to other relief sought, LS&Co. is entitled to injunctive relief
6 against Kenzo, its affiliates, licensees, subsidiaries and all persons acting in concert with it.
7 FIRST CLAIM
FEDERAL TRADEMARK INFRINGEMENT
8 (15 U.S.C. §§ 1114-1117; Lanham Act § 32)
9 23. LS&Co. realleges and incorporates by reference each of the allegations contained in
10 paragraphs 1 through 22 of this Complaint.
11 24. Without LS&Co.’s consent, Kenzo has used, in connection with the sale, offering for
12 sale, distribution or advertising of its products, designs that infringe upon LS&Co.’s registered Tab
13 trademark.
14 25. These acts of trademark infringement have been committed with the intent to cause
15 confusion, mistake, or deception, and are in violation of 15 U.S.C. § 1114.
16 26. As a direct and proximate result of Kenzo’s infringing activities, LS&Co. is entitled
17 to recover Kenzo’s unlawful profits and LS&Co.’s substantial damages under 15 U.S.C. 1117(a).
18 27. Kenzo’s infringement of LS&Co.’s Tab trademark is an exceptional case and was
19 intentional, entitling LS&Co. to treble the amount of its damages and Kenzo’s profits, and to an award
20 of attorneys’ fees under 15 U.S.C. §§ 1117(a).
21 28. LS&Co. is entitled to injunctive relief pursuant to 15 U.S.C. 1116(a).
22
SECOND CLAIM
23 FEDERAL UNFAIR COMPETITION
(False Designation of Origin and False Description)
24 (15 U.S.C. § 1125(a); Lanham Act § 43(a))
25 29. LS&Co. realleges and incorporates by reference each of the allegations contained in
26 paragraphs 1 through 28 of this Complaint.
27 30. Kenzo’s use of the Kenzo Tab tends falsely to describe its products within the meaning
28 of 15 U.S.C. § 1125(a)(1). Kenzo’s conduct is likely to cause confusion, mistake, or deception by or

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1 in the public as to the affiliation, connection, association, origin, sponsorship or approval of Kenzo’s
2 products to the detriment of LS&Co. and in violation of 15 U.S.C. § 1125(a)(1).
3 31. As a direct and proximate result of Kenzo’s infringing activities, LS&Co. is entitled
4 to recover Kenzo’s unlawful profits and LS&Co.’s substantial damages under 15 U.S.C. § 1117(a).
5 32. Kenzo’s infringement of LS&Co.’s Tab trademark is an exceptional case and was
6 intentional, entitling LS&Co. to treble the amount of its damages and Kenzo’s profits, and to an award
7 of attorneys’ fees under 15 U.S.C. § 1117(a).
8 33. LS&Co. is entitled to injunctive relief pursuant to 15 U.S.C. § 1116(a).
9
THIRD CLAIM
10 FEDERAL DILUTION OF FAMOUS MARKS
(Trademark Dilution Revision Act of 2006)
11 (15 U.S.C. § 1125(c); Lanham Act § 43(c))
12 34. LS&Co. realleges and incorporates by reference each of the allegations contained in
13 paragraphs 1 through 33 of this Complaint.
14 35. LS&Co.’s Tab trademark is distinctive and famous within the meaning of the
15 Trademark Dilution Revision Act of 2006, 15 U.S.C. § 1125(c), and were distinctive and famous
16 prior to Kenzo’s conduct as alleged in this Complaint.
17 36. Kenzo’s conduct is likely to cause dilution of LS&Co.’s Tab trademark by diminishing
18 its distinctiveness in violation of the Trademark Dilution Revision Act of 2006, 15 U.S.C. § 1125(c).
19 37. LS&Co. is entitled to injunctive relief pursuant to 15 U.S.C. §§ 1116(a) and 1125(c).
20 FOURTH CLAIM
CALIFORNIA TRADEMARK INFRINGEMENT AND DILUTION
21 (Cal. Bus. & Prof. Code §§ 14245, 14247, 14250)
22 38. LS&Co. realleges and incorporates by reference each of the allegations contained in
23 paragraphs 1 through 37 of this Complaint.
24 39. Kenzo’s infringement of LS&Co.’s Tab trademark is likely to cause consumer
25 confusion and dilution of LS&Co.’s marks in violation of California Business & Professions Code
26 Sections 14245 and 14247.
27 40. Kenzo infringed and diluted LS&Co.’s Tab trademark with knowledge and intent to
28 cause confusion, mistake or deception.

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1 41. Kenzo conduct is aggravated by that kind of willfulness, wantonness, malice and
2 conscious indifference to the rights and welfare of LS&Co. for which California law allows the
3 imposition of exemplary damages.
4 42. Pursuant to California Business & Professions Code §§ 14247 and 14250, LS&Co. is
5 entitled to injunctive relief and damages in the amount of three times Kenzo’s profits and three times
6 all damages suffered by LS&Co. by reason of Kenzo’s manufacture, use, display or sale of infringing
7 goods.
8 FIFTH CLAIM
CALIFORNIA UNFAIR COMPETITION
9 (Cal. Bus. & Prof. Code § 17200)
10 43. LS&Co. realleges and incorporates by reference each of the allegations contained in
11 paragraphs 1 through 42 of this Complaint.
12 44. Kenzo’s conduct as alleged in this Complaint constitutes “unlawful, unfair or fraudu-
13 lent business act[s] or practice[s] and unfair, deceptive, untrue or misleading advertising” within the
14 meaning of California Business & Professions Code Section 17200.
15 45. As a consequence of Kenzo’s actions, LS&Co. is entitled to injunctive relief preventing
16 the conduct alleged in this Complaint.
17 PRAYER FOR JUDGMENT
18 WHEREFORE, LS&Co. prays that this Court grant it the following relief:
19 1. Adjudge that LS&Co.’s Tab trademark has been infringed by Kenzo in violation of
20 LS&Co.’s rights under common law, 15 U.S.C. § 1114, and/or California law;
21 2. Adjudge that Kenzo has competed unfairly with LS&Co. in violation of LS&Co.’s
22 rights under common law, 15 U.S.C. § 1125(a), and/or California law;
23 3. Adjudge that Kenzo’s activities are likely to dilute LS&Co.’s famous Tab trademark
24 in violation of LS&Co.’s rights under common law, 15 U.S.C. § 1125(c), and/or California law;
25 4. Adjudge that Kenzo and its agents, employees, attorneys, successors, assigns, affiliates,
26 and joint venturers and any person(s) in active concert or participation with it, and/or any person(s)
27 acting for, with, by, through or under it, be enjoined and restrained at first during the pendency of this
28 action and thereafter permanently from:

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1 a. Manufacturing, producing, sourcing, importing, selling, offering for


2 sale, distributing, advertising, or promoting any goods that display
3 any words or symbols that so resemble LS&Co.’s Tab trademark as
4 to be likely to cause confusion, mistake or deception, on or in con-
5 nection with any product that is not authorized by or for LS&Co.,
6 including without limitation any product that bears the Kenzo Tabs
7 which are the subject of this Complaint and for which Kenzo is
8 responsible, or any other approximation of LS&Co.’s trademarks;
9 b. Using any word, term, name, symbol, device or combination thereof
10 that causes or is likely to cause confusion, mistake or deception as to
11 the affiliation or association of Kenzo or its products with LS&Co.
12 or as to the origin of Kenzo’s goods, or any false designation of
13 origin, false or misleading description or representation of fact,
14 or any false or misleading advertising;
15 c. Further infringing the rights of LS&Co. in and to any of its trade-
16 marks in its LEVI’S® brand products or otherwise damaging
17 LS&Co.’s goodwill or business reputation;
18 d. Further diluting the Tab trademark;
19 e. Otherwise competing unfairly with LS&Co. in any manner; and
20 f. Continuing to perform in any manner whatsoever any of the other
21 acts complained of in this Complaint;
22 5. Adjudge that Kenzo be required immediately to supply LS&Co.’s counsel with a com-
23 plete list of individuals and entities from whom or which it purchased, and to whom or which it sold,
24 offered for sale, distributed, advertised or promoted, infringing products as alleged in this Complaint;
25 6. Adjudge that Kenzo be required immediately to deliver to LS&Co.’s counsel its entire
26 inventory of infringing products, including without limitation pants and any other clothing, packaging,
27 labeling, advertising and promotional material and all plates, patterns, molds, matrices and other
28 / / /

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1 material for producing or printing such items, that are in its possession or subject to its control and
2 that infringe LS&Co.’s trademarks as alleged in this Complaint;
3 7. Adjudge that Kenzo, within thirty (30) days after service of the judgment demanded
4 herein, be required to file with this Court and serve upon LS&Co.’s counsel a written report under
5 oath setting forth in detail the manner in which it has complied with the judgment;
6 8. Adjudge that LS&Co. recover from Kenzo its damages and lost profits, and Kenzo’s
7 profits, in an amount to be proven at trial, as well as punitive damages under California law;
8 9. Adjudge that Kenzo be required to account for any profits that are attributable to its
9 illegal acts, and that LS&Co. be awarded (1) Kenzo’s profits and (2) all damages sustained by
10 LS&Co., under 15 U.S.C. § 1117, plus prejudgment interest;
11 10. Adjudge that the amounts awarded to LS&Co. pursuant to 15 U.S.C. § 1117 shall
12 be trebled;
13 11. Order an accounting of and impose a constructive trust on all of Kenzo’s funds and
14 assets that arise out of its infringing activities;
15 12. Adjudge that LS&Co. be awarded its costs and disbursements incurred in connection
16 with this action, including LS&Co.’s reasonable attorneys’ fees and investigative expenses; and
17 13. Adjudge that all such other relief be awarded to LS&Co. as this Court deems just and
18 proper.
19
20 Dated: April 6, 2018 Respectfully submitted,
21 KILPATRICK TOWNSEND & STOCKTON LLP
22

23 By: /s/ Ryan Bricker


Ryan Bricker
24
Attorneys for Plaintiff
25 LEVI STRAUSS & CO.
26

27

28

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1 DEMAND FOR JURY TRIAL


2 Levi Strauss & Co. demands that this action be tried to a jury.

4 Dated: April 6, 2018 Respectfully submitted,


5 KILPATRICK TOWNSEND & STOCKTON LLP
6

7 By: /s/ Ryan Bricker


Ryan Bricker
8
Attorneys for Plaintiff
9 LEVI STRAUSS & CO.
10

11 70692698V.2

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17

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20

21

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EXHIBIT A
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EXHIBIT B
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Exhibit B‐1
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Exhibit B‐2
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Exhibit B‐3
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Exhibit B‐4
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Exhibit B‐5
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Exhibit B‐6
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Exhibit B‐7
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Exhibit B‐8
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Exhibit B‐9
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Exhibit B‐10
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Exhibit B‐11
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Exhibit B‐12
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Exhibit B‐13
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Exhibit B‐14
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EXHIBIT C
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EXHIBIT D
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CIVIL COVER SHEET
JS-CAND 44 (Rev. 06/17)

The JS-CAND 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 in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of
Court to initiate the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
Levi Strauss & Co. Kenzo Paris USA LLC and Kenzo S.A.
(b) County of Residence of First Listed Plaintiff San Francisco, California 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)
Gregory S. Gilchrist (SB #11536) | Gia L. Cincone (SB #141668) | Ryan T. Bricker (SB #269100) | Cala E. Yee (SB #306652)
KILPATRICK TOWNSEND & STOCKTON LLP
Two Embarcadero Center, Suite 1900, San Francisco, California 94111 | Telephone: (415) 576-0200

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)
PTF DEF PTF DEF
1 U.S. Government Plaintiff 3 Federal Question Citizen of This State 1 1 Incorporated or Principal Place 4 4
(U.S. Government Not a Party)
of Business In This State
Citizen of Another State 2 2 Incorporated and Principal Place 5 5
2 U.S. Government Defendant 4 Diversity of Business In Another State
(Indicate Citizenship of Parties in Item III)
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 of 422 Appeal 28 USC § 158 375 False Claims Act
120 Marine Property 21 USC § 881 423 Withdrawal 28 USC 376 Qui Tam (31 USC
310 Airplane 365 Personal Injury – Product
130 Miller Act Liability 690 Other § 157 § 3729(a))
315 Airplane Product Liability
140 Negotiable Instrument 367 Health Care/ LABOR PROPERTY RIGHTS 400 State Reapportionment
320 Assault, Libel & Slander
150 Recovery of Pharmaceutical Personal 410 Antitrust
330 Federal Employers’ 710 Fair Labor Standards Act 820 Copyrights
Overpayment Of Injury Product Liability 430 Banks and Banking
Liability 720 Labor/Management 830 Patent
Veteran’s Benefits 368 Asbestos Personal Injury 450 Commerce
340 Marine Relations 835 PatentņAbbreviated New
151 Medicare Act Product Liability
345 Marine Product Liability 740 Railway Labor Act Drug Application 460 Deportation
152 Recovery of Defaulted PERSONAL PROPERTY 470 Racketeer Influenced &
350 Motor Vehicle 751 Family and Medical 840 Trademark
Student Loans (Excludes 370 Other Fraud Corrupt Organizations
355 Motor Vehicle Product Leave Act
Veterans) 371 Truth in Lending SOCIAL SECURITY 480 Consumer Credit
Liability 790 Other Labor Litigation
153 Recovery of 380 Other Personal Property 861 HIA (1395ff)
360 Other Personal Injury 791 Employee Retirement 490 Cable/Sat TV
Overpayment Damage Income Security Act 862 Black Lung (923) 850 Securities/Commodities/
of Veteran’s Benefits 362 Personal Injury -Medical
Malpractice 385 Property Damage Product 863 DIWC/DIWW (405(g)) Exchange
160 Stockholders’ Suits Liability IMMIGRATION
864 SSID Title XVI 890 Other Statutory Actions
190 Other Contract 462 Naturalization
CIVIL RIGHTS PRISONER PETITIONS 865 RSI (405(g)) 891 Agricultural Acts
195 Contract Product Liability Application
440 Other Civil Rights HABEAS CORPUS FEDERAL TAX SUITS 893 Environmental Matters
196 Franchise 465 Other Immigration
441 Voting 463 Alien Detainee Actions 895 Freedom of Information
870 Taxes (U.S. Plaintiff or
REAL PROPERTY 442 Employment Defendant)
Act
510 Motions to Vacate
210 Land Condemnation 443 Housing/ Sentence 896 Arbitration
871 IRS–Third Party 26 USC
220 Foreclosure Accommodations 530 General § 7609 899 Administrative Procedure
445 Amer. w/Disabilities– Act/Review or Appeal of
230 Rent Lease & Ejectment 535 Death Penalty
Employment Agency Decision
240 Torts to Land OTHER 950 Constitutionality of State
245 Tort Product Liability 446 Amer. w/Disabilities–Other
540 Mandamus & Other Statutes
290 All Other Real Property 448 Education
550 Civil Rights
555 Prison Condition
560 Civil Detainee–
Conditions of
Confinement

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


1 Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transferred from 6 Multidistrict 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District (specify) Litigation–Transfer Litigation–Direct File

VI. CAUSE OF Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
15 U.S.C. §§ 1051 et seq.
ACTION
Brief description of cause:
Trademark infringement, unfair competition, and dilution.
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, Fed. R. Civ. P. JURY DEMAND: Yes No

VIII. RELATED CASE(S), JUDGE DOCKET NUMBER


IF ANY (See instructions):
IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2)
(Place an “X” in One Box Only) SAN FRANCISCO/OAKLAND SAN JOSE EUREKA-MCKINLEYVILLE

DATE April 6, 2018 SIGNATURE OF ATTORNEY OF RECORD /s/ Ryan Bricker


JS-CAND 44 (rev. 07/16) Case 3:18-cv-02106-LB Document 1-5 Filed 04/06/18 Page 2 of 2

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-CAND 44

Authority For Civil Cover Sheet. The JS-CAND 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and
service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved in its original form by the Judicial
Conference of the United States in September 1974, is required for the Clerk of Court to initiate the civil docket sheet. Consequently, a civil cover sheet is
submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I. a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the “defendant” is the location of the tract of land involved.)
c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section “(see attachment).”

II. Jurisdiction. The basis of jurisdiction is set forth under Federal Rule of Civil Procedure 8(a), which requires that jurisdictions be shown in
pleadings. Place an “X” in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
(1) United States plaintiff. Jurisdiction based on 28 USC §§ 1345 and 1348. Suits by agencies and officers of the United States are included here.
(2) United States defendant. When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.
(3) Federal question. This refers to suits under 28 USC § 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code
takes precedence, and box 1 or 2 should be marked.
(4) Diversity of citizenship. This refers to suits under 28 USC § 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III. Residence (citizenship) of Principal Parties. This section of the JS-CAND 44 is to be completed if diversity of citizenship was indicated above.
Mark this section for each principal party.
IV. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V. Origin. Place an “X” in one of the six boxes.
(1) Original Proceedings. Cases originating in the United States district courts.
(2) Removed from State Court. Proceedings initiated in state courts may be removed to the district courts under Title 28 USC § 1441. When the
petition for removal is granted, check this box.
(3) Remanded from Appellate Court. Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
(4) Reinstated or Reopened. Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
(5) Transferred from Another District. For cases transferred under Title 28 USC § 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
(6) Multidistrict Litigation Transfer. Check this box when a multidistrict case is transferred into the district under authority of Title 28 USC
§ 1407. When this box is checked, do not check (5) above.
(8) Multidistrict Litigation Direct File. Check this box when a multidistrict litigation case is filed in the same district as the Master MDL docket.
Please note that there is no Origin Code 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statute.
VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC § 553. Brief Description: Unauthorized reception of cable service.
VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Federal Rule of Civil Procedure 23.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS-CAND 44 is used to identify related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
IX. Divisional Assignment. If the Nature of Suit is under Property Rights or Prisoner Petitions or the matter is a Securities Class Action, leave this
section blank. For all other cases, identify the divisional venue according to Civil Local Rule 3-2: “the county in which a substantial part of the
events or omissions which give rise to the claim occurred or in which a substantial part of the property that is the subject of the action is situated.”
Date and Attorney Signature. Date and sign the civil cover sheet.
Levi Strauss & Co. v. Kenzo Paris USA LLC et al, Docket No. 3:18-cv-02106 (N.D. Cal. Apr 06, 2018), Court Docket

General Information

Court United States District Court for the Northern District of


California; United States District Court for the Northern District
of California

Federal Nature of Suit Property Rights - Trademark[840]

Docket Number 3:18-cv-02106

© 2018 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service
// PAGE 59

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