Case 3:19-cv-16075 Document 1 Filed 07/30/19 Page 1 of 9 PageID: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

Aaron L. Renfro, Bar No. 255086 (pro hac vice motion pending)
Anurita S. Varma, Bar No. 279486 (pro hac vice motion pending)
CALL & JENSEN
A Professional Corporation
610 Newport Center Drive, Suite 700
Newport Beach, CA 92660
Tel: (949) 717-3000 Fax: (949) 717-3100
arenfro@calljensen.com
avarma@calljensen.com

Jill R. Cohen (I.D. No. 036872007)

ECKERT SEAMANS CHERIN & MELLOTT, LLC
Physical Address: 2000 Lenox Drive, Suite 203, Lawrenceville, NJ 08648
Mailing Address: P.O. Box 5404,
Princeton, NJ 08543
Phone: 609.392.2100 Fax: 609.392.7956
jcohen@eckertseamans.com
Attorneys for Plaintiff Bombshell Sportswear LLC
BOMBSHELL SPORTSWEAR
LLC, a California limited liability Civil Case No.:
company,
DOCUMENT FILED
Plaintiffs, ELECTRONICALLY

vs.
COMPLAINT FOR DAMAGES
LAMERA SPORTSWEAR, a
business entity of unknown form;
and DOES 1 through 10, inclusive,

Defendant.

Plaintiff Bombshell Sportswear LLC (“Bombshell Sportswear” or

“Plaintiff”) by way of Complaint against defendant LaMera Sportswear (“LaMera”

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or “Defendant”) alleges as follows:

I. JURISDICTION AND VENUE
1. This Court has jurisdiction of this matter pursuant to 28 U.S.C. §§
1331 and 1338 in that the action arises under an Act of Congress relating to
patents.
2. Venue is proper in this district under 28 U.S.C. §1400(b) and 28
U.S.C. §§ 1391(a) because a substantial part of the events giving rise to these
claims occurred in this District, and LaMera’s principal place of business is located
in this District. Venue is proper in this vicinage pursuant to Local Civil Rule 40.1
because LaMera resides within Monmouth County, New Jersey.
II. PARTIES
3. Plaintiff Bombshell Sportswear LLC is a California limited liability
company based in Playa Vista, California.
4. Defendant LaMera Sportswear is a business entity of form unknown
with a principal place of business in Monmouth County, New Jersey.
5. Does 1 through 10 are other persons whose identities are unknown
who are alter-egos of LaMera, and who have direct responsibility for the acts and
omissions alleged in this Complaint.
III. FACTS
BOMBSHELL SPORTSWEAR’S INTELLECTUAL PROPERTY
6. Since 2013, Bombshell Sportswear has dedicated itself to designing
and selling high quality and fashionable exercise apparel for women with its own
signature style.
7. Bombshell Sportswear’s signature style was created, in part, in 2015,
when Dominique Zimmermann invented “Sock Leggings”―one-piece leggings
that create the appearance of sport socks worn over leggings. In one embodiment,

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the Sock Leggings are designed to appear as “thigh high” sport socks. It features
horizontal stripes at the top of the sock portion of the leggings, above the knee.
Representative images of this embodiment are reproduced below:

8. To protect her innovative designs, Ms. Zimmermann applied for a

design patent on June 6, 2016. The United States Patent and Trademark Office
granted the application, and issued Design Patent US D783,232 S (the “Design
Patent”) on April 11, 2017. A copy of the Design Patent is attached to this
complaint as Exhibit 1 and incorporated herein by reference.
9. Bombshell Sportswear is the exclusive licensee of the Design Patent.
DEFENDANT’S INFRINGING CONDUCT
10. Defendant LaMera is a retailer of women’s athletic attire. On
information and belief, LaMera follows trends in women’s athletic attire, and
attempts to capitalize on such trends by buying trending apparel products and

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selling such products through its online store, located at

https://lamerasportswear.com/.
11. Bombshell Sportswear discovered that LaMera was offering for sale
knock-off versions of its patented Sock Leggings, including the products pictured
below.

LaMera Knock-offs

12. On or about December 23, 2018, Bombshell Sportswear informally

reached out to LaMera, notifying it of Bombshell Sportswear’s intellectual property
rights, and requesting that it cease and desist from selling the knock-off products.
LaMera refused. As a result, on January 4, 2019, Bombshell Sportswear, by and
through its attorney, sent a formal letter to LaMera notifying it of Bombshell’s

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rights and demanding that LaMera cease and desist from its infringing conduct. To
date, LaMera has not responded to the cease and desist letter and continues to
knowingly infringe upon the Design Patents.
13. LaMera’s conduct was and is done with knowledge of Bombshell’s
rights, and with the intent to profit and trade on Bombshell’s goodwill.

FIRST CAUSE OF ACTION

(for Design Patent Infringement)
14. Plaintiff re-alleges and incorporates by reference paragraphs 1 through
13 as if fully set forth herein.
15. This claim arises under the provisions of the patent laws, particularly
under 35 U.S.C. § 271, and alleges the infringement of a design patent.
16. Plaintiff is the exclusive licensee of Patent US D783,232 S.
17. LaMera has infringed, and continues to infringe the Design Patent by
making, having made, importing, offering to sell, and/or selling within the United
States products that, in the eye of an ordinary observer, giving such attention as a
purchaser usually gives, are substantially the same as the patented designs, the
resemblance being such as to deceive such an ordinary observer, inducing her to
purchase one supposing it to be the other.
18. LaMera’s acts of infringement were undertaken without authority,
permission or license from Plaintiff.
19. LaMera’s infringement has damaged and continues to damage and
injure Plaintiff. The injury to Plaintiff is irreparable and will continue unless and
until LaMera is enjoined from further infringement.
20. Plaintiff is entitled to compensation for its damage, as well as an
accounting of all revenue and profits obtained by LaMera as a result of the

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infringing conduct. Moreover, because of the willful and deliberate nature of

LaMera’s conduct, any award of damages may and should be increased to an
amount three times Plaintiff’s damage. Plaintiff further requests an award of
reasonable attorney’s fees.
21. Plaintiff also seeks a permanent injunction preventing LaMera from
further infringement of the Design Patent.
PRAYER FOR RELIEF
Wherefore, Plaintiff prays for judgment against Defendant LaMera as follows:
1. That judgment be entered in favor of Plaintiff and against Defendant
on all counts;
2. That a permanent injunction be issued on restraining Defendant from
infringement of Plaintiff’s rights;
3. That any infringing products in Defendant’s possession, custody, or
control be seized and impounded;
4. An award of three times Plaintiff’s actual damages and Defendant’s
profits;
5. Costs incurred in this action;
6. Punitive damages;
7. Reasonable attorney fees; and
8. Such other relief as the Court deems just and proper.

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Dated: July 30, 2019 Respectfully submitted,

CALL & JENSEN

A Professional Corporation

By: /s/ Aaron L. Renfro

Aaron L. Renfro (pro hac vice pending)
Anurita S. Varma (pro hac vice pending)
610 Newport Center Drive, Suite 700
Newport Beach, CA 92660
Tel: (949) 717-3000 Fax: (949) 717-3100
arenfro@calljensen.com
avarma@calljensen.com

-and-

ECKERT SEAMANS CHERIN & MELLOTT,

LLC

By: /s/ Jill Cohen ____________________

Jill R. Cohen (I.D. No. 036872007)
Physical Address: 2000 Lenox Dr., Ste. 203,
Lawrenceville, NJ 08648
Mailing Address: P.O. Box 5404,
Princeton, NJ 08543
Phone: 609.392.2100 Fax: 609.392.7956
jcohen@eckertseamans.com

Attorneys for Plaintiff Bombshell Sportswear, LLC

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CERTIFICATION PURSUANT TO L. CIV. R. 11.2

I hereby certify that the within matter in controversy is not the subject of any other
action pending in any court, or of a pending arbitration proceeding. No other action or
arbitration proceeding is contemplated and I know of no other parties who should be
joined in this action at this time.

Dated: July 30, 2019 CALL & JENSEN

A Professional Corporation

By: /s/ Aaron L. Renfro

Aaron L. Renfro (pro hac vice pending)

-and-

ECKERT SEAMANS CHERIN & MELLOTT,

LLC

By: /s/ Jill Cohen ____________________

Jill R. Cohen (I.D. No. 036872007)

Attorneys for Plaintiff Bombshell Sportswear, LLC

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CERTIFICATION PURSUANT TO L. CIV. R. 201.1(d)(3)

I hereby certify that the damages recoverable exceed the sum of $150,000,
exclusive of interest and costs.

Dated: July 30, 2019 CALL & JENSEN

A Professional Corporation

By: /s/ Aaron L. Renfro

Aaron L. Renfro (pro hac vice pending)

-and-

ECKERT SEAMANS CHERIN & MELLOTT,

LLC

By: /s/ Jill Cohen ____________________

Jill R. Cohen (I.D. No. 036872007)

Attorneys for Plaintiff Bombshell Sportswear, LLC

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JS 44 (Rev. 06/17) 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

BOMBSHELL SPORTSWEAR LLC, a California limited liability company LAMERA SPORTSWEAR

(b) County of Residence of First Listed Plaintiff Los Angeles, CA County of Residence of First Listed Defendant MONMOUTH
(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)
ECKERT SEAMANS CHERIN & MELLOTT, LLC
Physical Address: 2000 Lenox Drive, Suite 203, Lawrenceville, NJ 08648
609.392.2100

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) Click here for: Nature of Suit Code Descriptions.
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 ’ 376 Qui Tam (31 USC
’ 130 Miller Act ’ 315 Airplane Product Product Liability ’ 690 Other 28 USC 157 3729(a))
’ 140 Negotiable Instrument Liability ’ 367 Health Care/ ’ 400 State Reapportionment
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS ’ 410 Antitrust
& Enforcement of Judgment Slander Personal Injury ’ 820 Copyrights ’ 430 Banks and Banking
’ 151 Medicare Act ’ 330 Federal Employers’ Product Liability ’ 830 Patent ’ 450 Commerce
’ 152 Recovery of Defaulted Liability ’ 368 Asbestos Personal ’ 835 Patent - Abbreviated ’ 460 Deportation
Student Loans ’ 340 Marine Injury Product New Drug Application ’ 470 Racketeer Influenced and
(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
’ 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY ’ 480 Consumer Credit
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) ’ 490 Cable/Sat TV
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle ’ 371 Truth in Lending Act ’ 862 Black Lung (923) ’ 850 Securities/Commodities/
’ 190 Other Contract Product Liability ’ 380 Other Personal ’ 720 Labor/Management ’ 863 DIWC/DIWW (405(g)) Exchange
’ 195 Contract Product Liability ’ 360 Other Personal Property Damage Relations ’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 196 Franchise Injury ’ 385 Property Damage ’ 740 Railway Labor Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
’ 362 Personal Injury - Product Liability ’ 751 Family and Medical ’ 893 Environmental Matters
Medical Malpractice Leave Act ’ 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 790 Other Labor Litigation FEDERAL TAX SUITS Act
’ 210 Land Condemnation ’ 440 Other Civil Rights Habeas Corpus: ’ 791 Employee Retirement ’ 870 Taxes (U.S. Plaintiff ’ 896 Arbitration
’ 220 Foreclosure ’ 441 Voting ’ 463 Alien Detainee Income Security Act or Defendant) ’ 899 Administrative Procedure
’ 230 Rent Lease & Ejectment ’ 442 Employment ’ 510 Motions to Vacate ’ 871 IRS—Third Party Act/Review or Appeal of
’ 240 Torts to Land ’ 443 Housing/ Sentence 26 USC 7609 Agency Decision
’ 245 Tort Product Liability Accommodations ’ 530 General ’ 950 Constitutionality of
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 535 Death Penalty IMMIGRATION State Statutes
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)
’ 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 Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
28 U.S.C. §§ 1331 and 1338
VI. CAUSE OF ACTION Brief description of cause:
Design Patent Infringement
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
07/30/2019 Jill R. Cohen
FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

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 Case 3:19-cv-16075 Document 1-1 Filed 07/30/19 Page 2 of 2 PageID: 11
JS 44 Reverse (Rev. 06/17)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 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 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. 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 Rule 8(a), F.R.Cv.P., 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.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 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.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 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 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 there are multiple nature of suit codes associated with the case, pick the nature of suit code
that is most applicable. Click here for: Nature of Suit Code Descriptions.

V. Origin. Place an "X" in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C.
Section 1407.
Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket.
PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to
changes in statue.

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 Rule 23, F.R.Cv.P.
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 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.