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Case 2:22-cv-03929-ODW-SK Document 21 Filed 09/09/22 Page 1 of 6 Page ID #:51
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`
`Tianyu Ju, Esq.
`Glacier Law LLP
`9660 Flair Dr., Suite 328
`El Monte, CA 91731
`Tel.:312.448.7772
`Fax: 312.801.4587
`Email: iris.ju@glacier.law
`Counsel for Defendant
`UKAP TRADING L.L.C.
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
`
`
` Case No. 2:22-cv-03929
`
`
`DEFENDANT UKAP TRADING
`L.L.C.’S ANSWER TO
`COMPLAINT
`
`
`
`
`
`HERA PRINT, INC. a California
`corporation,
`
`
`
`Plaintiff,
`
`v.
`
`
`
`
`
`
`
`WALMART INC., a Delaware
`Corporation; UKAP TRADING L.L.C.
`d/b/a MJCI and UKAP, a Delaware
`limited liability company; and DOES 1
`through 10,
`
`
`Defendants.
`
`Defendant UKAP TRADING L.L.C. (“Defendant”), through its counsel,
`hereby responds to the Complaint filed by Hera Print Inc. (“Hera Print” or
`“Plaintiff”) as set forth below. In response to all paragraphs of the Complaint,
`Defendant denies each and every allegation except as expressly admitted herein.
`
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`DEFENDANT’S ANSWER TO COMPLAINT
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`Case 2:22-cv-03929-ODW-SK Document 21 Filed 09/09/22 Page 2 of 6 Page ID #:52
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`
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`NATURE OF ACTION
`1.
`Defendant admits that Plaintiff seeks injunctive relief and damages
`stemming from alleged acts of copyright infringement. Defendant denies the
`remaining allegations in paragraph “1” of the Complaint.
`JURISDICTION AND VENUE
`
`2.
`Admits.
`3.
`Admits.
`4.
`Defendant admits that it is subject to personal jurisdiction in this Court
`for the purpose of this Action. Defendant denies the remaining allegations in
`paragraph “4” of the Complaint.
`5.
`Denies in that Defendant presently lacks sufficient knowledge or
`information upon which to form a belief as to the truth thereof.
`PARTIES
`6.
`Denies in that Defendant presently lacks sufficient knowledge or
`information upon which to form a belief as to the truth thereof.
`7.
`Denies in that Defendant presently lacks sufficient knowledge or
`information upon which to form a belief as to the truth thereof.
`8.
`Admits.
`9.
`Denies in that Defendant presently lacks sufficient knowledge or
`information upon which to form a belief as to the truth thereof.
`10. Denies.
`
`CLAIMS RELATED TO DESIGN HE-3315
`11. Denies in that Defendant presently lacks sufficient knowledge or
`information upon which to form a belief as to the truth thereof.
`12. Denies in that Defendant presently lacks sufficient knowledge or
`information upon which to form a belief as to the truth thereof.
`13. Denies in that Defendant presently lacks sufficient knowledge or
`information upon which to form a belief as to the truth thereof.
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`DEFENDANT’S ANSWER TO COMPLAINT
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`Case 2:22-cv-03929-ODW-SK Document 21 Filed 09/09/22 Page 3 of 6 Page ID #:53
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`14. Denies in that Defendant presently lacks sufficient knowledge or
`information upon which to form a belief as to the truth thereof.
`15. Denies.
`16. Denies.
`17. Denies.
`18. Denies.
`
`FIRST CLAIM FOR RELIEF
`(Copyright Infringement)
`19. Defendant repeats and reiterates each and every one of the foregoing
`answers in response to the allegations made in paragraph 19 of the Complaint herein
`with the same force and effect as though set forth at length.
`20. Denies.
`21. Denies.
`22. Denies.
`23. Denies.
`24. Denies.
`25. Denies.
`26. Denies.
`
`SECOND CLAIM FOR RELIEF
`(For Vicarious and/or Contributory Copyright Infringement)
`27. Defendant repeats and reiterates each and every one of the foregoing
`answers in response to the allegations made in paragraph 26 of the Complaint herein
`with the same force and effect as though set forth at length.
`28. Denies.
`29. Denies.
`30. Denies.
`31. Denies.
`32. Denies.
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`DEFENDANT’S ANSWER TO COMPLAINT
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`Case 2:22-cv-03929-ODW-SK Document 21 Filed 09/09/22 Page 4 of 6 Page ID #:54
`
`
`
`Denies.
`
`PRAYER FOR RELIEF
`
`AFFIRMATIVE DEFENSES
`Defendant incorporates by reference the foregoing paragraphs in their
`entirety and asserts the following affirmative defenses to the claims set forth in the
`Complaint. Defendant reserves the right to allege additional Affirmative Defenses
`as they become known, and accordingly to amend this Answer.
`FIRST AFFIRMATIVE DEFENSE
`(Failure to State a Claim)
`Plaintiff failed to state a claim upon which relief may be granted. In particular,
`the complaint fails to provide any factual support for any of the claims from which
`the Court could conclude that Defendant is liable for any claim.
`SECOND AFFIRMATIVE DEFENSE
`(Non-Infringement)
`Defendant has not infringed, are not now infringing, and are not threatening
`to infringe the designs purportedly protected by the U.S. Copyright Registration
`VAu003167947 (the “Subject Design Copyright”).
`THIRD AFFIRMATIVE DEFENSE
`(Mitigation of Damages)
`Plaintiff is not entitled to recover the damages they seek on the grounds that
`Plaintiff failed to mitigate their damages.
`FOURTH AFFIRMATIVE DEFENSE
`(Laches)
`Plaintiff’s action is barred, in whole or in part, under the doctrine of waiver,
`stopper, laches, ratification and/or acquiescence.
`
`///
`///
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`DEFENDANT’S ANSWER TO COMPLAINT
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`Case 2:22-cv-03929-ODW-SK Document 21 Filed 09/09/22 Page 5 of 6 Page ID #:55
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`
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`FIFTH AFFIRMATIVE DEFENSE
`(DMCA Safe Harbor)
`Plaintiff’s claims, if any, may be barred, in whole or in part, by his failure to
`provide any valid notices under the DMCA and/or resolved by actions taken
`regarding the accused image on walmart.com.
`SIXTH AFFIRMATIVE DEFENSE
`(DMCA Safe Harbor)
`Plaintiff’s claims, if any, are barred, in whole or in part, under the safe harbor
`provisions of the DMCA.
`SEVENTH AFFIRMATIVE DEFENSE
`(Good Faith)
`Each cause of action is barred, in whole or in part, because Defendant acted
`in good faith at all times.
`EIGHTH AFFIRMATIVE DEFENSE
`(Causation Is Lacking)
`Each cause of action is barred, in whole or in part, because Plaintiff have not
`sustained any injury or damage by reason of any act or omission on Defendant’s part.
`NINTH AFFIRMATIVE DEFENSE
`(Statute of Limitations)
`Plaintiff’s claims are barred by the applicable statutes of limitations.
`TENTH AFFIRMATIVE DEFENSE
`(Lack of Damage)
`Plaintiff has not suffered any damage as a result of any actions allegedly
`taken by Defendant and is thus barred from asserting any claim against Defendant.
`
`
`DEMAND FOR JURY TRIAL
`Defendant hereby requests a jury trial for all issues triable by jury.
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`DEFENDANT’S ANSWER TO COMPLAINT
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`

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`Case 2:22-cv-03929-ODW-SK Document 21 Filed 09/09/22 Page 6 of 6 Page ID #:56
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`Dated: September 9, 2022 Respectfully Submitted,
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`By:
`
`
`
`
`
`
`
`
`/s/ Tianyu Ju
`Tianyu Ju, Esq.
`Glacier Law LLP
`9660 Flair Dr., Ste 328
`El Monte, CA 91731
`iris.ju@glacier.law
`Tel: +1 (312) 448-7772
`Fax: +1 (312)-801-4587
` Attorney for Defendant
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`DEFENDANT’S ANSWER TO COMPLAINT
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