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									Case 8:13-cv-00563-JVS-JPR Document 1 Filed 04/09/13 Page 1 of 29 Page ID #:1
Case 8:13-cv-00563-JVS-JPR Document 1 Filed 04/09/13 Page 2 of 29 Page ID #:2




  1                                   INTRODUCTION
  2
  3        1.     Plaintiff tagTrends Inc. (“tagTrends”) is a California company founded
  4 by Rob Hart (“Hart”) in 2003. Hart also started a related business in Hong Kong
  5 called tagTrends Asia Ltd. (“tagTrends Asia”), around the same time. tagTrends
  6 creates and sells clothing tags (“hangtags”), buttons, and labels for various garment
  7 manufacturers, in addition to creating and selling clothing accessories such as belts,
  8 hats, and wallets. Hart became involved in a dispute with a tagTrends Asia
  9 employee named Joe Chan (“Chan”), whereby Chan attempted to steal the
 10 tagTrends business from Hart. Chan did so by establishing a separate entity, called
 11 “tagTrends Global,” and later called “TT Global,” which Chan falsely claimed was
 12 the same company or a successor to tagTrends. However, “tagTrends Global” and
 13 “TT Global” are not, and never have been, affiliated with tagTrends; they are
 14 entirely different entities that were set up as part of Chan’s unlawful scheme to steal
 15 the tagTrends business.
 16        2.     Defendant Nordstrom Inc. (“Nordstrom” or “Defendant”) is a
 17 department store chain with hundreds of locations nationwide. Nordstrom operates
 18 the Internet website, www.nordstromsupplier.com. TagTrends discovered that
 19 Defendant’s website www.nordstromsupplier.com/NPG/productlabel.html contains
 20 the statement that “TT Global (formerly tagTrends)” is one of Nordstrom’s official
 21 suppliers of product labels, hangtags, and packaging for apparel and footwear. The
 22 same webpage contains a hyperlink for “TT Global (formerly tagTrends),” which
 23 takes the user to a PDF webpage showing the name and business address of TT
 24 Global in Hong Kong, the company that Chan set up to steal tagTrends’ business.
 25 By listing “TT Global (formerly tagTrends)” as a Nordstrom-approved official
 26 supplier, Nordstrom is improperly using tagTrends name and brand to direct
 27 business to TT Global.
 28                                         2
                                                                                   COMPLAINT
Case 8:13-cv-00563-JVS-JPR Document 1 Filed 04/09/13 Page 3 of 29 Page ID #:3




  1       3.      On June 12, 2012, Plaintiff wrote a cease and desist letter to
  2 Nordstrom, informing Nordstrom that TT Global was not the same company as
  3 tagTrends, and that TT Global had converted and misappropriated tagTrends’ trade
  4 secrets, customer lists, and other confidential and proprietary information.
  5 Nordstrom ignored the true facts and never complied with Plaintiff’s request.
  6 Indeed, the Nordstrom website today still lists “TT Global (formerly tagTrends)” as
  7 an official supplier and thus, directs business to TT Global using tagTrends’ name
  8 and brand. By continuing to tell the world that the entity “TT Global” is “formerly
  9 tagTrends,” Nordstrom is engaging in trademark infringement, unfair competition,
 10 false advertising, and aiding and abetting Chan’s unlawful scheme to steal the
 11 tagTrends business.
 12
 13                            JURISDICTION AND VENUE
 14
 15       4.      This is a civil action for infringement of an unregistered trademark in
 16 violation of the Lanham Act, 15 U.S.C. § 1125; unfair competition under Lanham
 17 Act, 15 U.S.C. § 1125; false advertising under the Lanham Act, 15 U.S.C. § 1125;
 18 trademark infringement under California common law; unfair competition under
 19 Cal. Bus. and Prof. Code § 17200 and under California common law; false
 20 advertising under Cal. Bus. and Prof. Code § 17500; and conspiracy and aiding and
 21 abetting.
 22       5.      The Court has jurisdiction under 28 U.S.C. §§ 1331 and 1338(b). This
 23 Court has jurisdiction over the claims arising under California Business &
 24 Professions Code §§ 17200 et seq. and § 17500, by virtue of 28 U.S.C. § 1338(b)
 25 and/or § 1367(a).
 26
 27
 28                                         3
                                                                                   COMPLAINT
Case 8:13-cv-00563-JVS-JPR Document 1 Filed 04/09/13 Page 4 of 29 Page ID #:4




  1        6.      Venue is proper within this judicial district under 28 U.S.C. § 1391(b)
  2 and 1391(c), because Defendant Nordstrom Inc. conducts a substantial amount of
  3 business in this District and the claims arose in substantial part in this district.
  4
  5                                      THE PARTIES
  6
  7        7.      Plaintiff tagTrends, Inc. (“tagTrends”) is California corporation with a
  8 principal place of business at 20288 East Carrey Road, Walnut, CA, 91789.
  9        8.      Plaintiff is informed and believes, and on that basis alleges, Defendant
 10 Nordstrom, Inc. (“Nordstrom” or “Defendant”) is a Washington corporation with its
 11 principal place of business at 1700 Seventh Avenue, Seattle, Washington, 98101.
 12 Defendant does business in the State of California through the sale of its products
 13 over the Internet and through retail stores, including in the Central District of
 14 California. Defendant operates an estimated 66 retail stores in the State of
 15 California.
 16        9.      Plaintiff is unaware of the true names and capacities, whether
 17 individual, corporate, associate or otherwise, of defendants Does 1 through 25,
 18 inclusive, or any of them, and therefore sues these defendants, and each of them, by
 19 such fictitious names. The Doe defendants include persons and entities assisting or
 20 acting in concert with the named defendants in connection with the actions
 21 complained of herein and include persons and entities that are responsible in some
 22 manner for the acts, occurrences and liability hereinafter alleged and referred to. All
 23 defendants herein are referred to collectively as “Defendants.”
 24       10.      Defendants are jointly and severally liable for the wrongful conduct set
 25 forth herein because they are aiding and abetting each other and/or conspired to
 26 commit such wrongful conduct.
 27
 28                                           4
                                                                                      COMPLAINT
Case 8:13-cv-00563-JVS-JPR Document 1 Filed 04/09/13 Page 5 of 29 Page ID #:5




  1             ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
  2
  3       11.     In or about March 2003, Rob Hart started a business called tagTrends,
  4 Inc. (“tagTrends”) in Huntington Beach, California. This business was intended to
  5 obtain client accounts in the garment and trim accessories industry and provide a
  6 variety of products to those clients. Specifically, tagTrends creates and sells
  7 clothing tags (“hangtags”), buttons, and labels for various garment manufacturers, in
  8 addition to creating and selling clothing accessories such as belts, hats, and wallets.
  9       12.     In or about 2003, Rob Hart started a related business in Hong Kong
 10 called tagTrends Asia, Ltd. (“tagTrends Asia”). tagTrends Asia was intended to
 11 process, fill, and ship orders in conjunction with tagTrends. One of the tagTrends
 12 Asia’s employees based in Hong Kong was Pui Fung Chan, aka Joe Chan (“Chan”).
 13 Chan assisted Hart in running the Hong Kong office of tagTrends.
 14       13.     Since 2003, tagTrends’ business has been very successful. tagTrends
 15 has a substantial book of recurrent customers, a global client database, a solid and
 16 positive reputation, and substantial business goodwill throughout the garment and
 17 trim accessories industry and the clothing manufacturing industry. tagTrends’
 18 clients have included major clothing brands such as Abercrombie & Fitch,
 19 Quiksilver, Seven Jeans, Roxy, VF Corp, DC Shoes, Adriano Goldschmied, Under
 20 Armour, Burton, and Oakley.
 21       14.     The name and style of the trademark “tagTrends” was used by Plaintiff
 22 through tagTrends and tagTrends Asia since or about 2003 throughout the garment
 23 trim and accessories industry. The name “tagTrends” was used to promote the
 24 business of tagTrends and tagTrends Asia and to form relationships with customers
 25 in every phase of business operations, including, but not limited to, name cards,
 26 emails, letterhead invoices, approval sheets, order forms, and manufacturing and
 27 promotional items such as calendars and note pads. The name “tagTrends” has
 28                                         5
                                                                                   COMPLAINT
Case 8:13-cv-00563-JVS-JPR Document 1 Filed 04/09/13 Page 6 of 29 Page ID #:6




  1 earned and acquired substantial name recognition and professional goodwill
  2 throughout the garment trim and accessories industry.
  3       15.     Through advertising and promotions, by conducting business of more
  4 than $25 million annually since in or about 2003, and by trading with approximately
  5 200 different companies in the garment and trim accessories industry (including
  6 approximately 50 multi-national companies), the trademarks “tagTrends” and
  7 “tagTrends Asia” acquired substantial business goodwill and an excellent reputation,
  8 which is associated with the names “tagTrends,” and “tagTrends Asia.”
  9       16.     Upon information and belief, Chan attempted to steal the tagTrends
 10 business, business goodwill, and trademark for tagTrends. Chan did so by
 11 establishing a separate entity, called “tagTrends Global,” and later called “TT
 12 Global.”
 13       17.     Upon information and belief, Chan misrepresented to clients, including
 14 Defendant Nordstrom and others, that tagTrends Global and TT Global were the
 15 successors to, and a continuation of, the same company as tagTrends and tagTrends
 16 Asia. However, tagTrends Global and TT Global are not related to tagTrends and/or
 17 tagTrends Asia. tagTrends Global and TT Global are entirely separate entities
 18 created by Chan to steal Plaintiff tagTrends’ business, business goodwill, and
 19 trademark.
 20       18.     tagTrends is currently seeking to vindicate its rights against Chan,
 21 tagTrends Global, and TT Global in the Courts of Hong Kong.
 22       19.     Defendant Nordstrom is a large department store chain with hundreds
 23 of retail store locations nationwide. Defendant Nordstrom also conducts business
 24 online through its Internet website, www.nordstrom.com. Nordstrom also operates
 25 and/or has control of the Internet website, www.nordstromsupplier.com.
 26       20.     On or about June of 2012 tagTrends discovered Defendant’s website,
 27 www.nordstromsupplier.com/NPG/productlabel.html, contains the statement that
 28                                         6
                                                                                   COMPLAINT
Case 8:13-cv-00563-JVS-JPR Document 1 Filed 04/09/13 Page 7 of 29 Page ID #:7




  1 “TT Global (formerly tagTrends)” is one of Nordstrom’s official suppliers of
  2 product labels, hangtags, and packaging for apparel and footwear. This webpage is
  3 available by visiting: http://www.nordstromsupplier.com/NPG/productlabel.html
  4 and a true and correct copy of a printout of the webpage is attached as Exhibit A.
  5       21.     On Defendant’s www.nordstromsupplier.com/NPG/productlabel.html
  6 website, there is a hyperlink for “TT Global (formerly tagTrends).” Clicking on that
  7 hyperlink takes the user to a PDF webpage showing the name and business address
  8 of TT Global in Hong Kong, the company that Chan set up to steal tagTrends’
  9 business. The hyperlink to “TT Global (formerly tagTrends)” is available by
 10 visiting
 11 www.nordstromsupplier.com/NPG/PDFs/Product%20Label,%20Hangtag,%20Packa
 12 ging/TT%20Global.pdf and a true and correct copy of a printout of the website is
 13 attached as Exhibit B. The webpage lists the address for TT Global as “Unit 901-
 14 905, 9F, Tower A, Regent Center, 63 Wo Yip Hop Road, Hong Kong,” which is the
 15 same address of tagTrends Asia’s former office. The phone number, 852-2418-
 16 2438, and fax number, 852-2418-2416, for TT Global on the webpage are also the
 17 same as the phone and fax number for tagTrends Asia’s former office. The “TT
 18 Global (formerly tagTrends)” webpage also contains a link to TT Global’s official
 19 website, http://www.ttglobal.biz/, which provides the office locations and contact
 20 information to enable potential clients to contact TT Global. The TT Global website
 21 for “Products,” http://synergy.ttglobal.biz/web/products.asp, provides samples of
 22 items, such as Woven Labels, Printed Labels, Hangtags, Patches, Hardware, and
 23 Others, that TT Global purportedly provided to its customers such as Abercrombie
 24 & Fitch, Oakley, Rock & Republic, and many others. All of the customers listed on
 25 TT Global’s website were customers of tagTrends.
 26       22.     TT Global is not currently, and has never been, affiliated with
 27 tagTrends.
 28                                        7
                                                                                    COMPLAINT
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  1       23.     By listing “TT Global (formerly tagTrends)” as a Nordstrom-approved
  2 official supplier, Nordstrom is improperly using tagTrends name and brand to direct
  3 business to TT Global. Indeed, Nordstrom mandates that its suppliers utilize the
  4 services of one of the listed Nordstrom Product Group-approved global suppliers
  5 when ordering garment labels and packaging elements, which includes “TT Global
  6 (formerly tagTrends).”
  7       24.     On June 12, 2012, Plaintiff wrote a cease and desist letter to
  8 Nordstrom, informing Nordstrom that: (a) TT Global was not the same company as
  9 tagTrends; and (b) TT Global, Chan, and TT Global’s representative Robert
 10 Redding (“Redding”) had converted and misappropriated tagTrends’ trade secrets
 11 and other confidential and proprietary information. A true and correct copy of the
 12 cease and desist letter is attached hereto as Exhibit C. Plaintiff requested that
 13 Nordstrom immediately cease and desist from any actions to aid and abet TT
 14 Global, Chan, and Redding in their unlawful actions against tagTrends.
 15       25.     Defendant Nordstrom ignored this letter and ignored the true facts.
 16 Nordstrom never complied with Plaintiff’s request. Nordstrom has full knowledge
 17 of the foregoing facts, as set forth in tagTrends’ cease and desist letter, but has done
 18 nothing to remedy the misinformation. Indeed, the Nordstrom website still lists “TT
 19 Global (formerly tagTrends)” as an official supplier and thus, directs business to TT
 20 Global using tagTrends’ name and brand. By continuing to tell the world that the
 21 entity “TT Global” is “formerly tagTrends,” Nordstrom is engaging in trademark
 22 infringement, unfair competition, false advertising, and aiding and abetting Chan’s
 23 unlawful scheme to steal the tagTrends business.
 24 //
 25 //
 26 //
 27 //
 28                                         8
                                                                                    COMPLAINT
Case 8:13-cv-00563-JVS-JPR Document 1 Filed 04/09/13 Page 9 of 29 Page ID #:9




  1                             FIRST CLAIM FOR RELIEF
  2                       Infringement of Unregistered Trademarks
  3                                     [15 U.S.C. § 1125]
  4
  5       26.     Plaintiff repeats and adopts paragraphs 1 through 25, inclusive, of this
  6 Complaint as though fully set forth herein.
  7       27.     Plaintiff’s mark “tagTrends” is inherently distinctive and further has
  8 acquired distinctiveness as a result of its use by Plaintiff. Plaintiff’s mark
  9 “tagTrends” will be referred to as the “Unregistered Trademark.”
 10       28.     Defendant’s use of Plaintiff’s Unregistered Trademark in the statement
 11 on its website that “TT Global [is] formerly tagTrends” is likely to cause confusion
 12 that TT Global’s goods are sponsored by or authorized by or affiliated with Plaintiff
 13 tagTrends.
 14       29.     The above-described acts of Defendants constitute infringement of
 15 unregistered trademarks and a false designation of origin in violation of 15 U.S.C. §
 16 1125(a), in that Defendants have used in connection with their goods Plaintiff’s
 17 trademark, which is likely to cause confusion or mistake or to deceive that
 18 Defendants' goods are authorized or sponsored by or are affiliated with Plaintiff, and
 19 Defendant has caused such goods to enter into commerce which may be regulated
 20 by Congress.
 21       30.     Plaintiff is being damaged and is likely to be damaged in the future by
 22 Defendants' infringement by reason of the likelihood that prospective purchasers
 23 and clients of Defendants' goods will be confused as to the source, sponsorship, or
 24 affiliation of Defendants' goods.
 25       31.     Defendants have unfairly profited from the actions alleged herein and
 26 will continue to be unjustly enriched unless and until such conduct is enjoined.
 27       32.     By reason of Defendants' acts alleged herein, Plaintiff has and will
 28                                          9
                                                                                     COMPLAINT
Case 8:13-cv-00563-JVS-JPR Document 1 Filed 04/09/13 Page 10 of 29 Page ID #:10




   1 continue to suffer damage to its business goodwill.
   2       33.      By reason of Defendants' acts alleged herein, Plaintiff has suffered and
   3 will suffer irreparable harm unless and until Defendants' conduct is enjoined.
   4 Defendants' acts alleged herein were willful and taken in conscious disregard of
   5 Plaintiff's rights.
   6       34.      Plaintiff is entitled to an injunction, recovery of Defendant’s profits,
   7 actual damages, and costs.
   8
   9                            SECOND CLAIM FOR RELIEF
  10                       Unfair Competition under the Lanham Act
  11                                     [15 U.S.C. § 1125]
  12
  13       35.      Plaintiff repeats and adopts paragraphs 1 through 34, inclusive, of this
  14 Complaint as though fully set forth herein.
  15       36.      tagTrends is the authorized user of the “tagTrends” trademark, with the
  16 right to enforce the “tagTrends” trademark. Defendant is not authorized to use the
  17 “tagTrends” trademark.
  18       37.      In connection with the sale of goods, Defendant has used in commerce
  19 and in competition with tagTrends the infringing mark “TT Global (formerly
  20 tagTrends)”, which is likely to cause actual confusion and/or mistake and/or deceive
  21 consumers concerning the affiliation, sponsorship, connection, and/or association
  22 between tagTrends and Chan’s TT Global, and/or tagTrends’ connection with,
  23 sponsorship of, or approval of TT Global’s products. Defendant Nordstrom’s
  24 suppliers are likely to purchase products from TT Global in the mistaken belief that
  25 TT Global is affiliated, connected, or associated with tagTrends, a successor of
  26 tagTrends, or is tagTrends itself. Nordstrom perpetuates that misunderstanding and
  27 actual confusion by referring to TT Global as “formerly tagTrends.”
  28                                          10
                                                                                       COMPLAINT
Case 8:13-cv-00563-JVS-JPR Document 1 Filed 04/09/13 Page 11 of 29 Page ID #:11




   1       38.     Defendant’s use of the infringing mark “tagTrends” has caused, and
   2 unless enjoined will continue to cause, substantial and irreparable injury to Plaintiff
   3 and tagTrends Asia, for which Plaintiff has no adequate remedy at law, including
   4 but not limited to substantial and irreparable injury to the goodwill and reputation
   5 associated with the “tagTrends” trademark.
   6       39.     Defendant’s use of the infringing mark “tagTrends” has injured and
   7 will continue to injure tagTrends’ image and reputation with consumers by creating
   8 actual confusion about, and dissatisfaction with, tagTrends’ products, resulting in
   9 lost sales and a diminution in the value of tagTrends’ goodwill associated with the
  10 tagTrends trademark.
  11       40.     Defendant’s actions have been willful, intentional, and malicious, and
  12 have been done with knowledge and intent to create actual confusion or mistake, or
  13 to deceive the public as to Defendant’s sponsorship by, and/or association with,
  14 tagTrends, for the purpose of injuring tagTrends and reaping the benefits of
  15 tagTrends’ goodwill and reputation associated with tagTrends’ mark.
  16       41.     Plaintiff is entitled to an injunction, recovery of Defendant’s profits,
  17 actual damages, and costs.
  18
  19                            THIRD CLAIM FOR RELIEF
  20                        False Advertising under the Lanham Act
  21                                    [15 U.S.C. § 1125]
  22
  23       42.     Plaintiff repeats and adopts paragraphs 1 through 41, inclusive, of this
  24 Complaint as though fully set forth herein.
  25       43.     Defendant Nordstrom made a false statement of fact by referring to TT
  26 Global, an entirely separate entity set up by Chan to steal the tagTrends business, as
  27 “formerly tagTrends.” Defendant Nordstrom made this false statement of fact on its
  28                                         11
                                                                                      COMPLAINT
Case 8:13-cv-00563-JVS-JPR Document 1 Filed 04/09/13 Page 12 of 29 Page ID #:12




   1 website, which is utilized by Nordstrom suppliers to determine which Nordstrom-
   2 approved businesses they may engage in business with when ordering garment
   3 labels and packaging elements.
   4       44.     Defendant does not own the trademark rights to “tagTrends.” The use
   5 of the name “tagTrends” in this context causes Nordstrom suppliers and consumers
   6 to be actually confused into falsely believing that Chan’s TT Global is the same
   7 entity as tagTrends, that TT Global is affiliated with or sponsored by tagTrends,
   8 and/or that tagTrends is the owner of TT Global, which it is not. The Nordstrom
   9 webpage, which falsely states that “TT Global [was] formerly tagTrends,” has
  10 assisted Chan in his unlawful effort to steal the tagTrends business.
  11       45.     Defendant’s statement that “TT Global (formerly tagTrends)” is false
  12 and intended to deceive consumers and suppliers into believing that TT Global and
  13 tagTrends are the same company, when in fact they are not. Further, the false
  14 statements of fact constitute false or misleading representations of fact as to the
  15 nature, characteristics, qualities, or geographic origin of its products. Therefore,
  16 such false statements of facts by Defendant constitute false advertising under section
  17 43 of the Lanham Act, 15 U.S.C. § 1125(a).
  18       46.     Defendant has obtained gains, profits, and advantages as a result of its
  19 unlawful acts. Plaintiff has suffered monetary damages as a result of Defendant’s
  20 acts in an amount to be proven at trial. Defendant’s false advertising has caused and
  21 will continue to cause damage to Plaintiff, and is causing irreparable harm to
  22 Plaintiff for which there is no adequate remedy at law. Plaintiff is entitled to an
  23 injunction, recovery of Defendant’s profits, actual damages, and costs.
  24 //
  25 //
  26 //
  27 //
  28                                         12
                                                                                    COMPLAINT
Case 8:13-cv-00563-JVS-JPR Document 1 Filed 04/09/13 Page 13 of 29 Page ID #:13




   1                           FOURTH CLAIM FOR RELIEF
   2               Trademark Infringement under California Common Law
   3
   4       47.     Plaintiff repeats and adopts paragraphs 1 through 46, inclusive, of this
   5 Complaint as though fully set forth herein.
   6       48.     This cause of action under California state common law is separate and
   7 independent of the federally-based causes of action previously set forth herein, but it
   8 is between the same parties and is based on the same operative facts as set forth in
   9 the prior causes of action; accordingly, this Court has supplemental jurisdiction over
  10 said claim.
  11       49.     As set forth above, Plaintiff tagTrends has its headquarters in and does
  12 business in the State of California, where it owns and enjoys common law trademark
  13 rights throughout the United States in the tagTrends name and mark for clothing
  14 tags and accessories.
  15       50.     The use of the “tagTrends” name and mark in Defendant’s statement
  16 that “TT Global [is] formerly tagTrends” in connection with the advertising, sale
  17 and distribution of its clothing products on its website without Plaintiff's permission,
  18 in the State of California, is likely to cause and has caused confusion among
  19 consumers as to the source of Defendant's products, and purchasers thereof will
  20 likely associate such products as originating with Plaintiff, all to the detriment of
  21 Plaintiff.
  22       51.     Upon information and belief, unless enjoined by this Court, Defendant
  23 will continue its aforesaid willful and deliberate infringement of Plaintiff tagTrends’
  24 name and mark.
  25       52.     Plaintiff tagTrends has no adequate remedy of law and is entitled to an
  26 injunction, recovery of Defendant’s profits, actual damages, and costs.
  27
  28                                         13
                                                                                     COMPLAINT
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   1                            FIFTH CLAIM FOR RELIEF
   2                       Unfair Competition under California Law
   3        [Cal. Bus. & Prof. Code § 17200, et. seq. and California Common Law]
   4
   5       53.     Plaintiff repeats and adopts paragraphs 1 through 52, inclusive, of this
   6 Complaint as though fully set forth herein.
   7       54.     Defendant has engaged in fraudulent and unfair business practices
   8 through the use of reproductions, counterfeits, copies, and/or colorable imitations of
   9 the “tagTrends” trademark, which are likely to cause, and have caused, actual
  10 consumer confusion regarding TT Global’s association with and/or sponsorship by
  11 tagTrends. Defendant Nordstrom’s suppliers are likely to purchase products from
  12 TT Global in the mistaken belief that TT Global is affiliated, connected, or
  13 associated with tagTrends, a successor of tagTrends, or is tagTrends itself.
  14 Nordstrom perpetuates that misunderstanding and actual confusion by referring to
  15 TT Global as “formerly tagTrends.”
  16       55.     Defendant has engaged in illegal business practices through its
  17 violations of the Lanham Act, 15 U.S.C. §§ 1125, and California common law.
  18       56.     Defendant’s unfair and unlawful business practices described above
  19 have caused, and unless enjoined will continue to cause, substantial and irreparable
  20 injury to tagTrends, for which Plaintiff has no adequate remedy at law, including but
  21 not limited to substantial and irreparable injury to the goodwill and reputation
  22 associated with the tagTrends trademark. tagTrends has further suffered a loss of
  23 money and property as a result of Defendant’s unfair competition, including from
  24 lost sales, diversion of revenue loss of goodwill, and diminution of value of the
  25 tagTrends marks.
  26       57.     Plaintiff is entitled to an injunction, recovery of Defendant’s profits,
  27 actual damages, and costs.
  28                                         14
                                                                                      COMPLAINT
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   1                             SIXTH CLAIM FOR RELIEF
   2                        False Advertising under California Law
   3                            [Cal. Bus. & Prof. Code § 17500]
   4
   5       58.     Plaintiff repeats and adopts paragraphs 1 through 57, inclusive, of this
   6 Complaint as though fully set forth herein.
   7       59.     Plaintiff is informed and believes that Defendant Nordstrom has
   8 intentionally and willfully committed, and is continuing to commit, acts of false
   9 advertising, as defined by California Business and Professions Code § 17500.
  10 Specifically, Defendant Nordstrom made a false statement of fact on its website by
  11 referring to TT Global, an entirely separate entity set up by Chan to steal the
  12 tagTrends business, as “formerly tagTrends.” Defendant Nordstrom made this false
  13 statement of fact on its website, which is utilized by Nordstrom suppliers to
  14 determine which Nordstrom-approved businesses they may utilize when ordering
  15 garment labels and packaging elements.
  16       60.     Defendant’s statement that “TT Global [is] formerly tagTrends” is false
  17 and intended to deceive consumers and suppliers into believing that TT Global and
  18 tagTrends are the same company, when in fact they are not. Further, the false
  19 statements of fact constituted false or misleading representations of fact as to the
  20 nature, characteristics, qualities, or geographic origin of its products. Therefore,
  21 such false statements of facts by Defendant constitute false advertising under
  22 California Business & Professions Code § 17500.
  23       61.     Defendant has obtained gains, profits, and advantages as a result of its
  24 unlawful acts. Plaintiff has suffered monetary damages as a result of Defendant’s
  25 acts in an amount to be proven at trial. Defendant’s false advertising has caused and
  26 will continue to cause damage to Plaintiff, and is causing irreparable harm to
  27 Plaintiff for which there is no adequate remedy at law. Plaintiff is entitled to an
  28                                         15
                                                                                     COMPLAINT
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   1 injunction, recovery of Defendant’s profits, actual damages, and costs.
   2
   3                           SEVENTH CLAIM FOR RELIEF
   4                          Conspiracy and Aiding and Abetting
   5
   6       62.     Plaintiff repeats and adopts paragraphs 1 through 61, inclusive, of this
   7 Complaint as though fully set forth herein.
   8       63.     Upon information and believe, Defendant Nordstrom conspired with
   9 Chan to commit the acts described above as part of a scheme, inter alia, to
  10 misappropriate the trademark “tagTrends” for their own use and benefit. Nordstrom
  11 and Chan engaged in this scheme together in a coordinated manner, for their own
  12 mutual benefit, at the expense of Plaintiff tagTrends.
  13       64.     Defendant Nordstrom and Chan have been aiding, abetting, and
  14 assisting each other in each of the unlawful acts described above, and Plaintiff has
  15 been and continues to be damaged thereby.
  16       65.     As a direct and proximate result of Defendant and Chan’s conspiracy,
  17 and all acts taken in furtherance thereof, Plaintiff has sustained and will continue to
  18 sustain damages, the amount of which will be established according to proof at trial.
  19 As members of the conspiracy, Nordstrom and Chan are jointly and severally liable
  20 for all damages incurred by Plaintiff.
  21
  22                                PRAYER FOR RELIEF
  23
  24         Wherefore, Plaintiff demands judgment against Defendant as follows:
  25        1.     That Defendant and its agents, servants, employees, representatives,
  26 successors, and assigns, and all persons or entities in active concert or in
  27 participation with Defendant, during the pendency of this action and permanently
  28                                          16
                                                                                    COMPLAINT
Case 8:13-cv-00563-JVS-JPR Document 1 Filed 04/09/13 Page 17 of 29 Page ID #:17




   1 thereafter, be enjoined from:
   2        a.     Using the mark “tagTrends,” or any marks that infringe upon the
   3 “tagTrends” marks, in commerce in California and in the United States;
   4        b.     Using the names “tagTrends Global” or “tagTrends”;
   5        c.     Engaging in any conduct, and/or contributing to any conduct, that is
   6 likely to confuse, mislead, or deceive purchasers, customers, and/or members of the
   7 public to believe that TT Global’s products are connected to, sponsored by,
   8 approved by, affiliated with, or licensed by tagTrends;
   9        d.     Effecting assignments or transfers, forming new entities or
  10 associations, or utilizing any other device for the purpose of circumventing the
  11 foregoing prohibitions;
  12       2.      That tagTrends be awarded actual damages in accordance with proof at
  13 trial, and that such award be increased as provided by law;
  14       3.      That Defendant account for, disgorge, and pay over to tagTrends all
  15 profits realized by Defendant by reason of Defendant’s unlawful acts herein alleged,
  16 and that such award be increased as provided by law;
  17       4.      For costs and attorneys fees pursuant to applicable law;
  18       5.      For prejudgment interest as permitted by law;
  19       6.      For such other and further relief as the Court deems proper, just, and
  20 equitable.
  21
  22                            DEMAND FOR JURY TRIAL
  23
  24        Plaintiff demands a trial by jury on all issues herein.
  25
  26
  27
  28                                         17
                                                                                   COMPLAINT
Case 8:13-cv-00563-JVS-JPR Document 1 Filed 04/09/13 Page 18 of 29 Page ID #:18




   1 Dated: April 9, 2013                           LEE TRAN & LIANG, APLC
   2
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   5
                                                    Enoch Liang
   6                                                Attorney for Plaintiff tagTrends
   7
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  28                                    18
                                                                            COMPLAINT
Case 8:13-cv-00563-JVS-JPR Document 1 Filed 04/09/13 Page 19 of 29 Page ID #:19




                       EXHIBIT A
Product Label, Hangtag, and Packaging Suppliers                                                 http://www.nordstromsupplier.com/NPG/productlabel.html
               Case 8:13-cv-00563-JVS-JPR Document 1 Filed 04/09/13 Page 20 of 29 Page ID #:20

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                                                      Product Label, Hangtag, and Packaging Suppliers
           About Nordstrom
                                                  Please select a NPG approved global supplier when ordering garment labels and packaging
           About NPG                              elements. Each approved supplier has met the criteria necessary to be considered a NPG
                                                  Supplier Partner. Examples of garment labels and packaging elements include:
           Communication
                                                        Woven labels
           Social Responsibility                        Printed labels
                                                        Heat transfers
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                                                  Please refer to the NPG tech pack or the specific NPG Standard Operating Procedures
           Raw Material                           Manual for article numbers to use when ordering. All orders are at the
                                                  agent/manufacturer's expense.
           Design
                                                  Click on the supplier link below for contact and order information:
           Product Developer                            Apparel & Footwear Suppliers:
                                                              Avery Dennison
           Product Integrity                                  Brilliant/Checkpoint
                                                              Esquel Enterprises, Ltd.
           Technical Design                                   Hang Sang Press
                                                              KTL
           Quality and Manufacturing                          Nexgen Packaging
                                                              Tagtime Asia
           Product Label, Hangtag, and                        TT Global (formerly TagTrends)
           Packaging Suppliers                          Jewelry Suppliers:
                                                              A & H Manufacturing
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                                                        Nordstrom at Home Suppliers:
           International Supply Chain                         Contanct NPG Packaging
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                                                  Please note that the information on this page refers to product labeling and packaging, not
           EDI, Ticketing, and                    packaging for shipping. For information on packaging for shipping, see the EDI, Ticketing,
           Packaging                              and Packaging page

           International Shipping

           Payment Procedures

           Footwear Links




                                                                                                                        EXHIBIT A
                                                                                                                        PAGE 000019
1 of 1                                                                                                                                 4/9/2013 12:06 PM
Case 8:13-cv-00563-JVS-JPR Document 1 Filed 04/09/13 Page 21 of 29 Page ID #:21




                       EXHIBIT B
Case 8:13-cv-00563-JVS-JPR Document 1 Filed 04/09/13 Page 22 of 29 Page ID #:22
    TT GLOBAL                                                                                                 5/26/2011


    Woven labels
    Printed labels
    Graphics/ Hangtags

    WEBSITE
    http://www.ttglobal.biz



    HONG KONG
    TT Global
    Unit 901-905, 9F
    Tower A
    Regent Center
    63 Wo Yip Hop Road
    Kwai Chung, N. T. Hong Kong
    Ph: (852) 2418 2438
    Fax: (852) 2418 2416
    Contact: Michelle Lam
    Email: michelle.lam@ttglobal.biz




    NPG Supplier Procedures Manual © 2011 Nordstrom, Inc., all rights reserved. CONFIDENTIAL: These documents contain
     proprietary, trade secret, and confidential information which are the property of Nordstrom, Inc. These documents and
      their contents may not be duplicated or disclosed to any other party without express authorization of Nordstrom, Inc.
                                                             Page 1 of 1
                                                                                                          EXHIBIT B
                                                                                                          PAGE 000020
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                       EXHIBIT C
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                                                               EXHIBIT C
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                                                               EXHIBIT C
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