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This case was last updated from PACER on 04/23/2021 at 08:40:52 (UTC).

Ralph Lauren Corporation v. Cherm, LLC et al

Case Summary

On February 19, 2021, the Ralph Lauren Corporation (“Ralph Lauren” or “Plaintiff”), represented by Brent H Blakely of Blakely Law Group, filed an intellectual property lawsuit against CHERM, LLC, individually and doing business as Chinatown Market (collectively, “Cherm” or “Defendants), seeking injunctive relief and damages among other reliefs for allegedly infringing copyrights owned by Ralph Lauren. This case was filed in U.S. District Court in the Central District of California with Judge Pedro V. Castillo and Judge Ronald S.W. Lew presiding. 

 

In its complaint, Plaintiff alleged that “Ralph Lauren owns in exclusivity the copyrights for two original two- dimensional works of art, which Plaintiff has titled Basketball Bear (the “Subject Designs”). Prior to the acts complained of herein, Plaintiff sold product bearing each of the Subject Designs to customers and the public.” and that “Following the distribution of product bearing the Subject Designs, Plaintiff learned that Defendants, and each of them, created, sold, manufactured, caused to be manufactured, imported and/or distributed fabric and/or garments incorporating unauthorized reproductions of the Subject Designs or designs that are substantially similar to the Subject Designs (“Subject Product”). The Subject Product includes but is not limited to the garments sold by Foot Locker retail stores under the label Chinatown Market, which indicates that the garments were manufactured by or for Cherm.”

 

Plaintiff further alleged that “Following the distribution of product bearing the Subject Designs, Plaintiff learned that Defendants, and each of them, created, sold, manufactured, caused to be manufactured, imported and/or distributed fabric and/or garments incorporating unauthorized reproductions of the Subject Designs or designs that are substantially similar to the Subject Designs (“Subject Product”). The Subject Product includes but is not limited to the garments sold by Foot Locker retail stores under the label Chinatown Market, which indicates that the garments were manufactured by or for Cherm.” Plaintiff also alleged that “Plaintiff is informed and believes and thereon alleges that Defendants, and each of them, infringed Plaintiff’s copyright by creating, making and/or developing directly infringing and/or derivative works from the Subject Designs and by producing, distributing and/or selling the Subject Product through a nationwide network of retail stores, catalogues, and websites.” Additionally, Plaintiff alleged that “Plaintiff is informed and believes and thereon alleges that Defendants, and each of them, had access to the Subject Designs, including, without limitation, through (a) access to Plaintiff’s products in the physical and online marketplaces, which were widely disseminated prior to the infringement at issue; and (b) access to graphic artwork online. The striking similarity between the artwork at issue also establishes access in that it is of a degree that can only be explained by unlawful copying.”

 

The only claim for relief laid down by Plaintiff is for the alleged copyright infringement of the Subject Product. 

 

In its prayer for relief, Ralph Lauren requested the court to grant injunctive relief against Defendants from importing, manufacturing, distributing, offering for sale, selling or otherwise trafficking in any product that infringes Plaintiff’s copyrights in the Subject Designs, that Plaintiff be awarded all profits of Defendants and all losses of Plaintiff along with Statutory damages. Plaintiff further requested the court to create a constructive trust for the benefit of Plaintiff be entered over all Subject Product and revenues received in connection with sales of the Subject Product along with awarding Plaintiff costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-01634

  • Filing Date:

    02/22/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Copyright

  • Court:

    U.S. District Courts

  • Courthouse:

    California Central District

Judge Details

Presiding Judge

Ronald S.W. Lew

Referral Judge

Pedro V. Castillo

 

Party Details

Plaintiff

Ralph Lauren Corporation

Defendants

CHERM, LLC

DOES 1-10 Inclusive

Does 1 through 10

Cherm, LLC individually, California Limited Liability Company doing business as Chinatown Market

Attorney/Law Firm Details

Plaintiff Attorneys

Brent H Blakely

Attorney at Blakely Law Group

1334 Parkview Avenue Suite 280

Manhattan Beach, CA 90266

Jamie Fountain

Attorney at Blakely Law Group

1334 Parkview Avenue Suite 280

Manhattan Beach, CA 90266

Stephen M. Doniger

Attorney at Doniger Burroughs

603 Rose Avenue

Venice, CA 90291

Scott A. Burroughs

Attorney at Doniger Burroughs

603 Rose Avenue

Venice, CA 90291

Defendant Attorneys

Bobby A Ghajar

Attorney at Cooley LLP

1333 2Nd Street Suite 400

Santa Monica, CA 90401-4100

Colette Ani Ghazarian

Attorney at Cooley LLP

1333 2Nd Street Suite 400

Santa Monica, CA 90401

 

Court Documents

#1

(#1) COMPLAINT Receipt No: ACACDC-30641427 - Fee: $402, filed by Plaintiff Ralph Lauren Corporation. (Attorney Brent H Blakely added to party Ralph Lauren Corporation(pty:pla))(Blakely, Brent) (Entered: 02/22/2021)

#18

(#18) ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant Cherm, LLC.(Ghajar, Bobby) (Entered: 04/22/2021)

#17

(#17) NOTICE OF CLERICAL ERROR: Due to clerical error Re: Terminated Case, Report of Determination of Copyright Action (CLOSE)(AO 121) #16 . The document was filed in the incorrect case and closed the case in error. The document will be docketed inthe correct case and this case will be reopened with any deadlines/hearing dates re-set. (shb) (Entered: 04/09/2021)

#15

(#15) STIPULATION Extending Time to Answer the complaint as to Cherm, LLC answer now due 4/22/2021, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Cherm, LLC.(Attorney Bobby A Ghajar added to party Cherm, LLC(pty:dft))(Ghajar, Bobby) (Entered: 04/06/2021)

#14

(#14) Notice of Appearance or Withdrawal of Counsel: for attorney Jamie Fountain counsel for Plaintiff Ralph Lauren Corporation. Adding Jamie Fountain as counsel of record for Ralph Lauren Corporation for the reason indicated in the G-123 Notice. Filed by Plaintiff Ralph Lauren Corporation. (Attorney Jamie Fountain added to party Ralph Lauren Corporation(pty:pla))(Fountain, Jamie) (Entered: 04/02/2021)

#13

(#13) PROOF OF SERVICE Executed by Plaintiff Ralph Lauren Corporation, upon Defendant Cherm, LLC served on 3/18/2021, answer due 4/8/2021. Service of the Summons and Complaint were executed upon Ray Paragas, Logistics Coordinator in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Blakely, Brent) (Entered: 03/22/2021)

#12

(#12) ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Christina A. Snyder to Judge Ronald S.W. Lew for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-01634 RSWL(PVCx). (rn) (Entered: 03/04/2021)

#11

(#11) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Ralph Lauren Corporation. (Doniger, Stephen) (Entered: 02/24/2021)

#10

(#10) NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (ghap) (Entered: 02/23/2021)

#9

(#9) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Cherm, LLC. (ghap) (Entered: 02/23/2021)

#8

(#8) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 02/23/2021)

#7

(#7) NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Pedro V. Castillo. (ghap) (Entered: 02/23/2021)

#6

(#6) Notice of Appearance or Withdrawal of Counsel: for attorney Scott A. Burroughs counsel for Plaintiff Ralph Lauren Corporation. Adding Scott A. Burroughs as counsel of record for Ralph Lauren Corporation for the reason indicated in the G-123 Notice. Filed by Plaintiff Ralph Lauren Corporation. (Attorney Scott A. Burroughs added to party Ralph Lauren Corporation(pty:pla))(Burroughs, Scott) (Entered: 02/23/2021)

#5

(#5) Notice of Appearance or Withdrawal of Counsel: for attorney Stephen M. Doniger counsel for Plaintiff Ralph Lauren Corporation. Adding Stephen M. Doniger as counsel of record for Ralph Lauren Corporation for the reason indicated in the G-123 Notice. Filed by Plaintiff Ralph Lauren Corporation. (Attorney Stephen M. Doniger added to party Ralph Lauren Corporation(pty:pla))(Doniger, Stephen) (Entered: 02/23/2021)

#4

(#4) NOTICE of Interested Parties filed by Plaintiff Ralph Lauren Corporation, identifying None. (Blakely, Brent) (Entered: 02/22/2021)

#3

(#3) CIVIL COVER SHEET filed by Plaintiff Ralph Lauren Corporation. (Blakely, Brent) (Entered: 02/22/2021)

#2

(#2) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Ralph Lauren Corporation. (Blakely, Brent) (Entered: 02/22/2021)

6 More Documents Available
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Docket Entries

  • 04/22/2021
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  • Docket(#18) ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant Cherm, LLC.(Ghajar, Bobby) (Entered: 04/22/2021)

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  • 04/09/2021
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  • Docket(#17) NOTICE OF CLERICAL ERROR: Due to clerical error Re: Terminated Case, Report of Determination of Copyright Action (CLOSE)(AO 121) #16 . The document was filed in the incorrect case and closed the case in error. The document will be docketed inthe correct case and this case will be reopened with any deadlines/hearing dates re-set. (shb) (Entered: 04/09/2021)

    Read MoreRead Less
  • 04/07/2021
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  • Docket(#16) [REFER TO NOTICE OF CLERICAL ERROR, (G-11) #17 ] - REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) (Attachments: #1 Exhibit A, #2 Ntc Vol Dism) (shb) Modified on 4/9/2021 (shb). (Entered: 04/07/2021)

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  • 04/06/2021
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  • Docket(#15) STIPULATION Extending Time to Answer the complaint as to Cherm, LLC answer now due 4/22/2021, re Complaint (Attorney Civil Case Opening) #1 filed by Defendant Cherm, LLC.(Attorney Bobby A Ghajar added to party Cherm, LLC(pty:dft))(Ghajar, Bobby) (Entered: 04/06/2021)

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  • 04/02/2021
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  • Docket(#14) Notice of Appearance or Withdrawal of Counsel: for attorney Jamie Fountain counsel for Plaintiff Ralph Lauren Corporation. Adding Jamie Fountain as counsel of record for Ralph Lauren Corporation for the reason indicated in the G-123 Notice. Filed by Plaintiff Ralph Lauren Corporation. (Attorney Jamie Fountain added to party Ralph Lauren Corporation(pty:pla))(Fountain, Jamie) (Entered: 04/02/2021)

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  • 03/22/2021
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  • Docket(#13) PROOF OF SERVICE Executed by Plaintiff Ralph Lauren Corporation, upon Defendant Cherm, LLC served on 3/18/2021, answer due 4/8/2021. Service of the Summons and Complaint were executed upon Ray Paragas, Logistics Coordinator in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Blakely, Brent) (Entered: 03/22/2021)

    Read MoreRead Less
  • 03/03/2021
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  • Docket(#12) ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 19-03. Case randomly reassigned from Judge Christina A. Snyder to Judge Ronald S.W. Lew for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-01634 RSWL(PVCx). (rn) (Entered: 03/04/2021)

    Read MoreRead Less
  • 02/24/2021
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  • Docket(#11) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Ralph Lauren Corporation. (Doniger, Stephen) (Entered: 02/24/2021)

    Read MoreRead Less
  • 02/23/2021
  • View Court Documents
  • Docket(#10) NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (ghap) (Entered: 02/23/2021)

    Read MoreRead Less
  • 02/23/2021
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  • Docket(#9) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Cherm, LLC. (ghap) (Entered: 02/23/2021)

    Read MoreRead Less
  • 02/23/2021
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  • Docket(#8) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 02/23/2021)

    Read MoreRead Less
  • 02/23/2021
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  • Docket(#7) NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Pedro V. Castillo. (ghap) (Entered: 02/23/2021)

    Read MoreRead Less
  • 02/23/2021
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  • Docket(#6) Notice of Appearance or Withdrawal of Counsel: for attorney Scott A. Burroughs counsel for Plaintiff Ralph Lauren Corporation. Adding Scott A. Burroughs as counsel of record for Ralph Lauren Corporation for the reason indicated in the G-123 Notice. Filed by Plaintiff Ralph Lauren Corporation. (Attorney Scott A. Burroughs added to party Ralph Lauren Corporation(pty:pla))(Burroughs, Scott) (Entered: 02/23/2021)

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  • 02/23/2021
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  • Docket(#5) Notice of Appearance or Withdrawal of Counsel: for attorney Stephen M. Doniger counsel for Plaintiff Ralph Lauren Corporation. Adding Stephen M. Doniger as counsel of record for Ralph Lauren Corporation for the reason indicated in the G-123 Notice. Filed by Plaintiff Ralph Lauren Corporation. (Attorney Stephen M. Doniger added to party Ralph Lauren Corporation(pty:pla))(Doniger, Stephen) (Entered: 02/23/2021)

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  • 02/22/2021
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  • Docket(#4) NOTICE of Interested Parties filed by Plaintiff Ralph Lauren Corporation, identifying None. (Blakely, Brent) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#3) CIVIL COVER SHEET filed by Plaintiff Ralph Lauren Corporation. (Blakely, Brent) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#2) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Ralph Lauren Corporation. (Blakely, Brent) (Entered: 02/22/2021)

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  • 02/22/2021
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  • Docket(#1) COMPLAINT Receipt No: ACACDC-30641427 - Fee: $402, filed by Plaintiff Ralph Lauren Corporation. (Attorney Brent H Blakely added to party Ralph Lauren Corporation(pty:pla))(Blakely, Brent) (Entered: 02/22/2021)

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