This case was last updated from U.S. District Courts on 05/14/2022 at 08:44:09 (UTC).

Hunter v. Levi Strauss & Co. et al

Case Summary

On March 15, 2022, Kim Hunter (“Hunter” or "Plaintiff"), represented by Kelsey Marie Schultz, Scott Alan Burroughs and Stephen M. Doniger of Doniger / Burroughs; Jonah Adam Grossbardt and Matthew Laurence Rollin of Sriplaw, filed an intellectual property lawsuit against Levi Strauss & Co. (“Levi Strauss” or “Defendant”), seeking injunctive relief with damages, pre- and post-judgment interest and costs, for the alleged copyright infringement of Plaintiff’s original work of art by reproducing, distributing, publishing, and creating derivative works from it. This case was filed in the U.S. District Court for the Northern District of California with Judge Kandis A. Westmore presiding. 

In the complaint, Plaintiff alleged that, “In 2005, Hunter created the work entitled Canada Maple Leaf Souvenir which is shown below and referred to herein as the ‘Work.’” and that “Hunter is informed and thereon alleges that following her distribution of the Work, Levi Strauss accessed and copied the Work at its San Francisco, California headquarters.” 

The plaintiff further alleged that, “Levi Strauss copied Hunter's copyrighted Work without Hunter's permission and printed it on clothing that Levi Strauss sold direct to consumers and through third-party distributors in the United States and Canada. Such third-party distributors include, but are not limited to, www.thebay.com.” 

Plaintiff also alleged that, “Levi Strauss copied and distributed Hunter's copyrighted Work in connection with Levi Strauss’s business for purposes of advertising and promoting Levi Strauss’s business, and in the course and scope of advertising and selling products.” 

Plaintiff alleged “Hunter never gave Levi Strauss permission or authority to copy, distribute or display the Work at issue in this case.”

The plaintiff additionally alleged that Defendant copied, displayed, and distributed the Work at issue in this case and/or made derivatives of the Work without Plaintiff's authorization in violation of 17 U.S.C. § 501. Defendant induced, caused, and materially contributed to the third-party distributors’ direct infringement by, at a minimum, selling and distributing products bearing unauthorized reproductions of the Work to its third-party distributors for further sale and distribution. Defendant had a direct financial interest in the infringing activity because it received substantial benefits in connection with the unauthorized reproduction and distribution of the Work for purposes of trade. 

Plaintiff presented three claims for relief including claims for Defendant’s alleged Copyright Infringement, and Contributory Copyright Infringement.

In the prayer for relief, Plaintiff requested that Defendant be preliminarily and permanently enjoined from committing the acts alleged herein and be required to pay Plaintiff her actual damages and Defendant's profits directly and indirectly attributable to the infringement, or, at Plaintiff's election, statutory damages. Further, Plaintiff requested attorneys’ fees and costs of suit along with pre- and post-judgment interest.

This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:22-CV-01629

  • Filing Date:

    03/15/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Copyright

Judge Details

Presiding Judge

Charles R. Breyer

 

Party Details

Plaintiff

Kim Hunter

Defendant

Levi Strauss & Co.

Attorney/Law Firm Details

Plaintiff Attorneys

Matthew Laurence Rollin

Attorney at SRIPLAW

8730 Wilshire Boulevard, Suite 350

Beverly Hills, CA 90211

Stephen Michael Doniger

Attorney at Doniger Burroughs

603 Rose Avenue

Venice, CA 90291

Jonah Adam Grossbardt

Attorney at Sriplaw

8730 Wilshire Boulevard, Suite 350

Beverly Hills, CA 90211

Kelsey Marie Schultz

Attorney at Doniger / Burroughs

603 Rose Avenue

Venice, CA 90291

Scott Alan Burroughs

Attorney at Doniger / Burroughs

603 Rose Avenue

Venice, CA 90291

Defendant Attorneys

Garner Kimleon Weng

Attorney at Hanson Bridgett LLP

425 Market Street, 26Th Floor

San Francisco, CA 94105

Ghiasi Sam Neema

Attorney at Hanson Bridgett LLP

425 Market St 26Th Floor

San Francisco, CA 94105

Neema S. Ghiasi

Attorney at Hanson Bridgett LLP

425 Market Street, 26Th Floor

San Francisco, CA 94105

 

Court Documents

#18

(#18) NOTICE of Appearance by Ghiasi Sam Neema (Neema, Ghiasi) (Filed on 4/18/2022) (Entered: 04/18/2022)

#17

(#17) Certificate of Interested Entities by Levi Strauss & Co. (Weng, Garner) (Filed on 4/6/2022) (Entered: 04/06/2022)

#16

(#16) ANSWER to Complaint with Jury Demand byLevi Strauss & Co.. (Weng, Garner) (Filed on 4/6/2022) (Entered: 04/06/2022)

14 #1

Notice of Eligibility for Video Recording

14 #14

Main Document

#12

(#12) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kim Hunter.. (Doniger, Stephen) (Filed on 3/23/2022) (Entered: 03/23/2022)

#11

(#11) SUMMONS Returned Executed by Kim Hunter. Levi Strauss & Co. served on 3/16/2022, answer due 4/6/2022. (Doniger, Stephen) (Filed on 3/17/2022) (Entered: 03/17/2022)

#10

(#10) NOTICE of Appearance by Matthew Laurence Rollin (Rollin, Matthew) (Filed on 3/15/2022) (Entered: 03/15/2022)

#9

Copy of #9 emailed to Copyright Office. (mcl, COURT STAFF) (Filed on 3/15/2022) (Entered: 03/15/2022)

#7

(#7) Summons Issued as to Levi Strauss & Co. (mcl, COURT STAFF) (Filed on 3/15/2022) (Entered: 03/15/2022)

#6

(#6) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/7/2022. Initial Case Management Conference set for 6/14/2022 01:30 PM. (mcl, COURT STAFF) (Filed on 3/15/2022) (Entered: 03/15/2022)

#4

(#4) Civil Cover Sheet by Kim Hunter . (Doniger, Stephen) (Filed on 3/15/2022) (Entered: 03/15/2022)

#3

(#3) Proposed Summons. (Doniger, Stephen) (Filed on 3/15/2022) (Entered: 03/15/2022)

#2

(#2) Certificate of Interested Entities by Kim Hunter (Doniger, Stephen) (Filed on 3/15/2022) (Entered: 03/15/2022)

1 #3

Civil Cover Sheet

1 #2

Exhibit 2 to Complaint

1 #1

Exhibit 1 to Complaint

6 More Documents Available
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Docket Entries

  • 04/18/2022
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  • Docket(#18) NOTICE of Appearance by Ghiasi Sam Neema (Neema, Ghiasi) (Filed on 4/18/2022) (Entered: 04/18/2022)

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  • 04/06/2022
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  • Docket(#17) Certificate of Interested Entities by Levi Strauss & Co. (Weng, Garner) (Filed on 4/6/2022) (Entered: 04/06/2022)

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  • 04/06/2022
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  • Docket(#16) ANSWER to Complaint with Jury Demand byLevi Strauss & Co.. (Weng, Garner) (Filed on 4/6/2022) (Entered: 04/06/2022)

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  • 03/24/2022
  • Docket(#15) CLERK'S NOTICE: A Joint Case Management Statement due by 7/15/2022. Initial Case Management Conference set for 7/22/2022 at 8:30 AM in San Francisco, Courtroom 06, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ls, COURT STAFF) (Filed on 3/24/2022) (Entered: 03/24/2022)

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  • 03/24/2022
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  • Docket(#14) ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Charles R. Breyer for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on March 24, 2022. (Attachments: #1 Notice of Eligibility for Video Recording)(cjl, COURT STAFF) (Filed on 3/24/2022) (Entered: 03/24/2022)

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  • 03/23/2022
  • Docket(#13) CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (wft, COURT STAFF) (Filed on 3/23/2022) (Entered: 03/23/2022)

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  • 03/23/2022
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  • Docket(#12) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Kim Hunter.. (Doniger, Stephen) (Filed on 3/23/2022) (Entered: 03/23/2022)

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  • 03/17/2022
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  • Docket(#11) SUMMONS Returned Executed by Kim Hunter. Levi Strauss & Co. served on 3/16/2022, answer due 4/6/2022. (Doniger, Stephen) (Filed on 3/17/2022) (Entered: 03/17/2022)

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  • 03/15/2022
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  • Docket(#10) NOTICE of Appearance by Matthew Laurence Rollin (Rollin, Matthew) (Filed on 3/15/2022) (Entered: 03/15/2022)

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  • 03/15/2022
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  • DocketCopy of #9 emailed to Copyright Office. (mcl, COURT STAFF) (Filed on 3/15/2022) (Entered: 03/15/2022)

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1 More Docket Entries
  • 03/15/2022
  • DocketAddress for attorney Jonah Adam Grossbardt updated on the docket. (mcl, COURT STAFF) (Filed on 3/15/2022) (Entered: 03/15/2022)

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  • 03/15/2022
  • Docket(#8) CLERK'S NOTICE REGARDING THE FILING OF AN ACTION REGARDING A COPYRIGHT. The provisions of 17 U.S.C. 508 require the submission of a report to theRegister of Copyrights. Please e-file a proposed Report on the Filing or Determination of an Action or Appeal Regardinga Copyright form AO 121 using the event Civil Events Other Filings Notices Notice (Other), within five days of this notice. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mcl, COURT STAFF) (Filed on 3/15/2022) (Entered: 03/15/2022)

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  • 03/15/2022
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  • Docket(#7) Summons Issued as to Levi Strauss & Co. (mcl, COURT STAFF) (Filed on 3/15/2022) (Entered: 03/15/2022)

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  • 03/15/2022
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  • Docket(#6) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 6/7/2022. Initial Case Management Conference set for 6/14/2022 01:30 PM. (mcl, COURT STAFF) (Filed on 3/15/2022) (Entered: 03/15/2022)

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  • 03/15/2022
  • Docket(#5) Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/29/2022. (as, COURT STAFF) (Filed on 3/15/2022) (Entered: 03/15/2022)

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  • 03/15/2022
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  • Docket(#4) Civil Cover Sheet by Kim Hunter . (Doniger, Stephen) (Filed on 3/15/2022) (Entered: 03/15/2022)

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  • 03/15/2022
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  • Docket#Electronic filing error. Please resubmit Civil Cover Sheet. Use October 2020 version. You may download it from https://www.cand.uscourts.gov/. No judge assignment will be made unt il the document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet Re: #1 Complaint, filed by Kim Hunter (mbc, COURT STAFF) (Filed on 3/15/2022) (Entered: 03/15/2022)

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  • 03/15/2022
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  • Docket(#3) Proposed Summons. (Doniger, Stephen) (Filed on 3/15/2022) (Entered: 03/15/2022)

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  • 03/15/2022
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  • Docket(#2) Certificate of Interested Entities by Kim Hunter (Doniger, Stephen) (Filed on 3/15/2022) (Entered: 03/15/2022)

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  • 03/15/2022
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  • Docket(#1) COMPLAINT against DOES 1 through 10,, Levi Strauss & Co. ( Filing fee $ 402, receipt number ACANDC-16993479.). Filed byKim Hunter. (Attachments: #1 Exhibit 1 to Complaint, #2 Exhibit 2 to Complaint, #3 Civil Cover Sheet)(Doniger, Stephen) (Filed on 3/15/2022) (Entered: 03/15/2022)

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