`FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
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`Civil Action No. 17-cv-15
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`DAZZLE UP, LLC,
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`v.
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`SUGARTOWN WORLDWIDE LLC,
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`Plaintiff,
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`Defendant.
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`DEFENDANT SUGARTOWN WORLDWIDE LLC’S ANSWER,
`AFFIRMATIVE DEFENSES, AND COUNTERCLAIM
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`Defendant Sugartown Worldwide LLC (“Sugartown”) hereby submits this
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`
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`Answer, Affirmative Defenses, and Counterclaim to the Complaint filed by
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`Plaintiff Dazzle Up, LLC (“Dazzle Up”), as follows:
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`1.
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`Sugartown admits that Dazzle Up purports to bring a civil action
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`related to copyright infringement arising under the Copyright Act and that Dazzle
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`Up purports to seek a declaratory judgment. Sugartown denies that Dazzle Up is
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`entitled to any relief arising out of its claims.
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`2.
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`Sugartown admits that it has contacted Dazzle Up concerning Dazzle
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`Up’s infringement of copyrighted designs owned by Sugartown. Sugartown also
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`admits that Dazzle Up purports to seek a declaration of non-infringement of
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`Sugartown’s asserted copyrights.
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`3.
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`Sugartown is without sufficient information to form a belief as to the
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`truth or falsity of the allegations in Paragraph 3 and, therefore, denies those
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`allegations.
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`4.
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`5.
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`Sugartown admits the allegations in Paragraph 4.
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`Sugartown admits that this Court has original jurisdiction over (1) all
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`civil actions arising under the laws of the United States and (2) any civil action
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`arising under the Copyright Act. Sugartown denies the remaining allegations in
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`Paragraph 5.
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`6.
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`Sugartown admits that this Court has personal jurisdiction over
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`Sugartown for purposes of this action only. Sugartown also admits that (a) it is the
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`owner of the Lilly Pulitzer brand and the designs sold under that brand, (b) it
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`markets and distributes Lilly Pulitzer apparel and accessories in retail stores in
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`multiple states, including states in this District, (c) it distributes its products
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`through stores which it refers to as “A Lilly Pulitzer Specialty Store” or “A Lilly
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`Pulitzer Department Store,” (d) operates a website that is available to consumers in
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`North Carolina, (e) has distributed and sold products in North Carolina, and (f)
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`Sugartown has sent letters to Dazzle Up’s attorney concerning Dazzle Up’s
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`infringement of copyrighted designs owned by Sugartown. Sugartown denies the
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`remaining allegations in Paragraph 6.
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 2 of 28
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`7.
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`Sugartown admits that venue is proper in this District, that it is subject
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`to personal jurisdiction in this District for purposes of this action only, and that a
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`substantial part of the events giving rise to the claims at issue occurred in this
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`District. Sugartown denies the remaining allegations in Paragraph 7.
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`8.
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`Sugartown is without sufficient information to form a belief as to the
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`truth or falsity of the allegations in Paragraph 8 and, therefore, denies those
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`allegations.
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`9.
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`Sugartown is without sufficient information to form a belief as to the
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`truth or falsity of the allegations in Paragraph 9 and, therefore, denies those
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`allegations.
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`10. Sugartown is without sufficient information to form a belief as to the
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`truth or falsity of the allegations in Paragraph 10 and, therefore, denies those
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`allegations.
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`11. Sugartown is without sufficient information to form a belief as to the
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`truth or falsity of the allegations in Paragraph 11 and, therefore, denies those
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`allegations.
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`12. Sugartown admits that a trademark registration for the trademark
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`SIMPLY SOUTHERN identifies Dazzle Up as the owner of the mark.
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 3 of 28
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`13. Sugartown is without sufficient information to form a belief as to the
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`truth or falsity of the allegations in Paragraph 13 and, therefore, denies those
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`allegations.
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`14. Sugartown is without sufficient information to form a belief as to the
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`truth or falsity of the allegations in Paragraph 14 and, therefore, denies those
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`allegations.
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`15. Sugartown is without sufficient information to form a belief as to the
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`truth or falsity of the allegations in Paragraph 15 and, therefore, denies those
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`allegations.
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`16. Sugartown admits the basic legal principle that registration of a
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`copyright is not a condition of copyright protection.
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`17. Sugartown admits that Dazzle Up has attached to its complaint
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`copyright registration certificates, which list Dazzle Up as the owner. Sugartown is
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`without sufficient information to form a belief as to the truth or falsity of the
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`remaining allegations in Paragraph 17 and, therefore, denies those allegations.
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`18. Sugartown admits that it sent a letter to Dazzle Up’s attorney on
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`November 18, 2016 regarding Dazzle Up’s infringement of Sugartown’s
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`copyrights, requesting that Dazzle Up cease and desist use of the infringing marks
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`and provide an accounting of gross revenues and profits from products bearing the
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`infringing designs, and stating that absent a response from Dazzle Up, Sugartown
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 4 of 28
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`would have no choice but to consider its legal options. Sugartown also admits that
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`it sent Dazzle Up a letter on December 21, 2016, disagreeing with Dazzle Up’s
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`position in its response to Sugartown’s November 18 letter and noting that if
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`Dazzle Up did not provide the requested information by January 5, 2017,
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`Sugartown would begin considering other available mechanisms to pursue its
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`rights. Sugartown denies the remaining allegations in Paragraph 18.
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`19. Sugartown admits that Exhibit 2 to the Complaint compiles images
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`that Sugartown attached to its November 18, 2016 letter.
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`20. Sugartown admits that Exhibit 3 to the Complaint compiles images
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`that Sugartown attached to its November 18, 2016 letter.
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`21. Sugartown denies the allegations in Paragraph 21.
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`22. Sugartown admits the basic legal premise of copyright law that no
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`party has exclusive rights in ideas, common themes, or common descriptions of
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`items, although the expression of those ideas, common themes, or common
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`descriptions may be protectable. Sugartown denies any remaining allegations in
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`Paragraph 22 and denies that this basic legal premise is applicable to Sugartown’s
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`claims in this dispute.
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`23. Sugartown denies the allegations in Paragraph 23.
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`24. Sugartown denies the allegations in Paragraph 24.
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 5 of 28
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`25. Sugartown is without sufficient information to form a belief as to the
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`truth or falsity of the allegations in Paragraph 25 and, therefore, denies those
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`allegations.
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`26. Sugartown is without sufficient information to form a belief as to the
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`truth or falsity of the allegations in Paragraph 26 and, therefore, denies those
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`allegations.
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`27. Sugartown denies the allegations in Paragraph 27.
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`28. Sugartown admits that some of Dazzle Up’s designs include design
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`elements in addition to Sugartown’s copyrighted designs, but denies that those
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`elements are relevant to an analysis as to whether Dazzle Up’s designs infringe
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`Sugartown’s copyrighted designs.
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`29. Sugartown denies the allegations in Paragraph 29.
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`30. Sugartown denies the allegations in Paragraph 30.
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`31. Sugartown denies the allegations in Paragraph 31.
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`32. Sugartown reasserts and incorporates by reference its responses in
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`Paragraphs 1-31, above, in response to Paragraph 32.
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`33. Sugartown admits the allegations in Paragraph 33 as they apply to the
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`Dazzle Up designs set forth in Sugartown’s Counterclaim, but denies the
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`remaining allegations in Paragraph 33.
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 6 of 28
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`34. Sugartown admits that in its November 18, 2016 letter it provided
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`examples of numerous Dazzle Up designs that infringe Sugartown’s copyrighted
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`designs.
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`35. Sugartown denies the allegations in Paragraph 35.
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`36. Sugartown denies the allegations in Paragraph 36.
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`37. Sugartown denies the allegations in Paragraph 37.
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`38. Sugartown denies the allegations in Paragraph 38.
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`39. Sugartown denies the allegations in Paragraph 39.
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`40. Sugartown denies the allegations in Paragraph 40.
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`41. Sugartown denies the allegations in Paragraph 41.
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`Sugartown denies that Dazzle Up is entitled to any relief sought in its Complaint,
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`including its Prayer for Relief.
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`AFFIRMATIVE DEFENSES
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`1.
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`2.
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`3.
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`Dazzle Up’s claims are barred under the doctrine of unclean hands.
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`The Complaint fails to state a claim upon which relief may be granted.
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`Sugartown reserves the right to assert additional affirmative defenses,
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`should discovery reveal facts supporting such defenses.
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`PRAYER FOR RELIEF
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`Sugartown therefore prays that the Court:
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 7 of 28
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`1.
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`Deny Dazzle Up’s request for a declaration that Dazzle Up’s creation,
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`marketing, manufacture, sale, offering for sale, and distribution of the designs and
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`products indicated on Exhibit 2, as well as other products bearing such designs, do
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`not infringe Sugartown’s copyrighted designs;
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`2.
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`Deny Dazzle Up’s request for a declaration that Dazzle Up has not
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`infringed Sugartown’s copyrighted designs;
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`3.
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`Award Sugartown its attorneys’ fees, interest, and costs as permitted
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`by law; and
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`4.
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`Enter such other and further relief as the Court deems just, proper, and
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`equitable under the circumstances.
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`COUNTERCLAIM
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`Defendant/Counterclaim-Plaintiff Sugartown Worldwide LLC
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`(“Sugartown”) states the following for its Complaint against
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`Plaintiff/Counterclaim-Defendant Dazzle Up, LLC (“Dazzle Up”):
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`SUBSTANCE OF THE ACTION
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`1.
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`This is an action at law and in equity for copyright infringement
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`arising under the Copyright Act of 1976, 17 U.S.C. §§ 101 et seq.
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`2.
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`Dazzle Up has created and sold apparel and other merchandise
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`incorporating designs that are substantially similar to Sugartown’s copyrighted
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`designs, without Sugartown’s authorization. Dazzle Up’s actions infringe
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 8 of 28
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`Sugartown’s exclusive copyright rights and have damaged and will continue to
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`damage Sugartown, and have caused and will continue to cause irreparable harm to
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`Sugartown, absent relief from this Court.
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`JURISDICTION AND VENUE
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`3.
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`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331
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`and 1338.
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`4.
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`This Court has personal jurisdiction over Dazzle Up because, on
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`information and belief, Dazzle Up is a domestic corporation and is engaged in
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`substantial activity in this District.
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`5.
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`Venue is proper in this District pursuant to 28 U.S.C. § 1400(a).
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`THE PARTIES
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`Sugartown is a Delaware limited liability company with an office and
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`6.
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`principal place of business located at 800 3rd Avenue, King of Prussia,
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`Pennsylvania 19406. Sugartown is the owner of the well-known LILLY
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`PULITZER trademarks, and it markets and distributes Lilly Pulitzer apparel and
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`accessories in retail stores throughout the United States, including within this
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`District.
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`7.
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`On information and belief, Defendant Dazzle Up is a North Carolina
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`limited liability company with its principal place of business in North Carolina. On
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`information and belief, Dazzle Up owns the Simply Southern brand.
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 9 of 28
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`A.
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`FACTS
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`Plaintiff Sugartown and Its Designs
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`In the 1950’s, Lilly Pulitzer began designing, manufacturing, and
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`8.
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`selling distinctive fashion apparel featuring bright, colorful prints. Her apparel and
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`fabric designs quickly grew in popularity, in large part because they were unique
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`and distinctive. Ms. Pulitzer founded Lilly Pulitzer, Inc. in 1959, and within a few
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`years, she was selling products bearing her original and distinctive designs
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`nationwide.
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`9.
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`Sugartown purchased the rights to the LILLY PULITZER brand in
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`1993 and established a design team to continue creating original art, in keeping
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`with Ms. Pulitzer’s original vision, on which the distinctive and popular Lilly
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`Pulitzer designs are based.
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`10.
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`The LILLY PULITZER brand has enjoyed enormous success.
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`Sugartown currently operates forty (40) Lilly Pulitzer retail stores in the United
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`States selling fashion apparel and accessories featuring the distinctive Lilly
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`Pulitzer designs, with one store in this District. In addition, Sugartown has entered
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`into license agreements with third parties pursuant to which over seventy (70) Lilly
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`Pulitzer “signature store” boutiques are operated throughout the United States
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`selling Lilly Pulitzer fashion apparel and accessories. Sugartown also sells Lilly
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`Pulitzer products through major department stores and individually-owned stores,
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 10 of 28
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`as well as through the Lilly Pulitzer website at http://www.lillypulitzer.com.
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`11.
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`The unique, vibrant designs that appear on Lilly Pulitzer products are
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`the original creations of Sugartown’s design team, and many are created as original
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`works of art painted on canvas by Sugartown’s design team.
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`12.
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`In or around the summer of 2012, the Lilly Pulitzer design team
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`created as a work made for hire the original artwork “Let’s Cha Cha” (the “Let’s
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`Cha Cha Design”), shown below. A complete copy of the deposit material filed
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`with the Copyright Office is attached as Exhibit A.
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`13.
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`The Let’s Cha Cha Design is an original work of authorship
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`embodying copyrightable subject matter, subject to the full protection of the
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`United States Copyright Act.
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`14.
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`Sugartown is the sole and exclusive owner to all right, title, and
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`interest in and to the copyrights in the Let’s Cha Cha Design.
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`15.
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`Sugartown duly registered the copyright in the Let’s Cha Cha Design
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 11 of 28
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`with the United States Copyright Office. A copy of registration certificate VAu 1-
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`118-082, issued November 21, 2012 and reflecting Sugartown’s ownership of the
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`U.S. copyright in the Let’s Cha Cha Design, is attached hereto as Exhibit B.
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`16.
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`Sugartown designed, manufactured, advertised, and widely distributed
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`fashion apparel and accessory products bearing the Let’s Cha Cha Design,
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`commencing in 2013.
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`17.
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`Sugartown’s advertising included depictions of the Let’s Cha Cha
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`Design on the Lilly Pulitzer website and in catalogs. The Let’s Cha Cha Design
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`was sold in Lilly Pulitzer stores throughout the country.
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`18.
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`In or around the spring of 2010, the Lilly Pulitzer design team created
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`as a work made for hire the original artwork “First Impression” (the “First
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`Impression Design”), shown below. A complete copy of the deposit material filed
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`with the Copyright Office is attached as Exhibit C.
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`19.
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`The First Impression Design is an original work of authorship
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 12 of 28
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`embodying copyrightable subject matter, subject to the full protection of the
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`United States Copyright Act.
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`20.
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`Sugartown is the sole and exclusive owner to all right, title, and
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`interest in and to the copyrights in the First Impression Design.
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`21.
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`Sugartown duly registered the copyright in the First Impression
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`Design with the United States Copyright Office. A copy of registration certificate
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`VAu 1-033-885, issued August 2, 2010 and reflecting Sugartown’s ownership of
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`the U.S. copyright in the First Impression Design, is attached hereto as Exhibit D.
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`22.
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`Sugartown designed, manufactured, advertised, and widely distributed
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`fashion apparel and accessory products bearing the First Impression Design,
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`commencing in 2011.
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`23.
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`Sugartown’s advertising included depictions of the First Impression
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`Design on the Lilly Pulitzer website and in catalogs. The First Impression Design
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`was sold in Lilly Pulitzer stores throughout the country.
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`24.
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`In or around the fall of 2011, the Lilly Pulitzer design team created as
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`a work made for hire the original artwork “Wild Confetti” (the “Confetti Design”),
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`shown on the following page. A complete copy of the deposit material filed with
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`the Copyright Office is attached as Exhibit E.
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 13 of 28
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`25.
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`The Confetti Design is an original work of authorship embodying
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`copyrightable subject matter, subject to the full protection of the United States
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`Copyright Act.
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`26.
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`Sugartown is the sole and exclusive owner to all right, title, and
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`interest in and to the copyrights in the Confetti Design.
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`27.
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`Sugartown duly registered the copyright in the Confetti Design with
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`the United States Copyright Office. A copy of registration certificate VAu 1-103-
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`494, issued May 9, 2012 and reflecting Sugartown’s ownership of the U.S.
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`copyright in the Confetti Design, is attached hereto as Exhibit F.
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`28.
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`Sugartown designed, manufactured, advertised, and widely distributed
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`fashion apparel and accessory products bearing the Confetti Design, commencing
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`in 2012.
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`29.
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`Sugartown’s advertising included depictions of the Confetti Design on
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`the Lilly Pulitzer website and in catalogs. The Confetti Design was sold in Lilly
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`Pulitzer stores throughout the country.
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 14 of 28
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`30.
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`In or around the summer of 2013, the Lilly Pulitzer design team
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`created as a work made for hire the original artwork “Lobstah Roll” (the “Lobstah
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`Roll Design”), shown below. A complete copy of the deposit material filed with
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`the Copyright Office is attached as Exhibit G.
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`31.
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`The Lobstah Roll Design is an original work of authorship embodying
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`copyrightable subject matter, subject to the full protection of the United States
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`Copyright Act.
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`32.
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`Sugartown is the sole and exclusive owner to all right, title, and
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`interest in and to the copyrights in the Lobstah Roll Design.
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`33.
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`Sugartown duly registered the copyright in the Lobstah Roll Design
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`with the United States Copyright Office. A copy of registration certificate VAu 1-
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`153-371, issued November 27, 2013 and reflecting Sugartown’s ownership of the
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`U.S. copyright in the Lobstah Roll Design, is attached hereto as Exhibit H.
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`34.
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`Sugartown designed, manufactured, advertised, and widely distributed
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 15 of 28
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`fashion apparel and accessory products bearing the Lobstah Roll Design,
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`commencing in 2014.
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`35.
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`Sugartown’s advertising included depictions of the Lobstah Roll
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`Design on the Lilly Pulitzer website and in catalogs. The Lobstah Roll Design was
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`sold in Lilly Pulitzer stores throughout the country.
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`36.
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`In or around the spring of 2012, the Lilly Pulitzer design team created
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`as a work made for hire the original artwork “Lucky Charms” (the “Lucky Charms
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`Design”), shown below. A complete copy of the deposit material filed with the
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`Copyright Office is attached as Exhibit I.
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`
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`37.
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`The Lucky Charms Design is an original work of authorship
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`embodying copyrightable subject matter, subject to the full protection of the
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`United States Copyright Act.
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`38.
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`Sugartown is the sole and exclusive owner to all right, title, and
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`interest in and to the copyrights in the Lucky Charms Design.
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 16 of 28
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`39.
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`Sugartown duly registered the copyright in the Lucky Charms Design
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`with the United States Copyright Office. A copy of registration certificate VAu 1-
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`111-221, issued August 16, 2012 and reflecting Sugartown’s ownership of the U.S.
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`copyright in the Lucky Charms Design, is attached hereto as Exhibit J.
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`40.
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`Sugartown designed, manufactured, advertised, and widely distributed
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`fashion apparel and accessory products bearing the Lucky Charms Design,
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`commencing in 2013.
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`41.
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`Sugartown’s advertising included depictions of the Lucky Charms
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`Design on the Lilly Pulitzer website and in catalogs. The Lucky Charms Design
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`was sold in Lilly Pulitzer stores throughout the country.
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`42.
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`Sugartown’s products made from its copyrighted Let’s Cha Cha
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`Design, First Impression Design, Confetti Design, Lobstah Roll Design, and Lucky
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`Charms Design are popular and commercially successful; they have acquired
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`substantial market value in the trade.
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`B. Dazzle Up’s Unlawful Activities
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`43. On information and belief, Dazzle Up sells products under its Simply
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`Southern trademark in stores that carry apparel, accessories, and gifts, and many of
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`the stores that carry the Simply Southern products also sell Lilly Pulitzer products.
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`44. On information and belief, Dazzle Up had access to the Let’s Cha Cha
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`Design, First Impression Design, Confetti Design, Lobstah Roll Design, and Lucky
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 17 of 28
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`Charms Design, all of which were widely advertised and sold in Lilly Pulitzer
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`stores across the country and on the Lilly Pulitzer website.
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`45. On information and belief, Dazzle Up has manufactured, imported,
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`sold, offered for sale, advertised, promoted and/or distributed products, namely
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`fashion apparel and accessories, bearing a design copied from and substantially
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`similar to the Let’s Cha Cha Design. An example of such a product is shown
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`below:
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`A side-by-side comparison of the Let’s Cha Cha Design on Sugartown’s products
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`and Dazzle Up’s product is shown on the following page:
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 18 of 28
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`Lilly Pulitzer
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`Lilly Pulitzer
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`Dazzle Up
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`
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`46. On information and belief, Dazzle Up has manufactured, imported,
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`sold, offered for sale, advertised, promoted and/or distributed products, namely
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`fashion apparel and accessories, bearing a design copied from and substantially
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`similar to the First Impression Design. An example of such a product is shown
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`below:
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`
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 19 of 28
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`
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`A side-by-side comparison of the First Impression Design on Sugartown’s product
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`and Dazzle Up’s product is shown below:
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`Lilly Pulitzer
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`Dazzle Up
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`
`
`
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`47. On information and belief, Dazzle Up has manufactured, imported,
`
`sold, offered for sale, advertised, promoted and/or distributed products, namely
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`fashion apparel and accessories, bearing a design copied from and substantially
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`similar to the Confetti Design. An example of such a product is shown below:
`
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`Comparisons of the Confetti Design on Sugartown’s products and Dazzle Up’s
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`products are shown on the following page:
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 20 of 28
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`Lilly Pulitzer
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`Lilly Pulitzer
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`Lilly Pulitzer
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`
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`Dazzle Up
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`Dazzle Up
`
`Dazzle Up
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`
`
`
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`
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`48. On information and belief, Dazzle Up has manufactured, imported,
`
`sold, offered for sale, advertised, promoted and/or distributed products, namely
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`fashion apparel and accessories, bearing a design copied from and substantially
`
`similar to the Lobstah Roll Design. An example of such a product is shown below:
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`
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 21 of 28
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`Comparisons of the Lobstah Roll Design on Sugartown’s product and Dazzle Up’s
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`products are shown below:
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`Lilly Pulitzer
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`Lilly Pulitzer
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`Lilly Pulitzer
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`Dazzle Up
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`Dazzle Up
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`Dazzle Up
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`49. On information and belief, Dazzle Up has manufactured, imported,
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`sold, offered for sale, advertised, promoted and/or distributed products, namely
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`fashion apparel and accessories, bearing a design copied from and substantially
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`similar to the Lucky Charms Design. An example of such products is shown on the
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`following page:
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 22 of 28
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`Comparisons of the Lucky Charms Design on Sugartown’s products and Dazzle
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`Up’s products are shown below:
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`Lilly Pulitzer
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`Dazzle Up
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`50. On information and belief, Dazzle Up began to market and sell its
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`products depicted in Paragraphs 45-49 above after Sugartown had publicly
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`advertised, sold, and distributed its fashion apparel and accessories featuring the
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`Let’s Cha Cha Design, First Impression Design, Confetti Design, Lobstah Roll
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`Design, and Lucky Charms Design.
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`51. On information and belief, Dazzle Up’s infringement of Sugartown’s
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 23 of 28
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`copyrights in the Let’s Cha Cha Design, First Impression Design, Confetti Design,
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`Lobstah Roll Design, and Lucky Charms Design is willful, intentional, and
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`deliberate, and was accomplished with the intent to reap the benefits of
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`Sugartown’s original artworks.
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`52. As noted at item 2.Eiii in Exhibit 2 to Dazzle Up’s Declaratory
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`Judgment Complaint, Dazzle Up even sells a product called “ChaCha,” further
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`evidencing Dazzle Up’s familiarity with Sugartown’s designs.
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`53. Consumers have remarked upon the similarities between Dazzle Up’s
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`and Sugartown’s designs, as shown in the below Facebook post:
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 24 of 28
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`54.
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`The natural, probable, and foreseeable result of Defendants’ wrongful
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`conduct has been and continues to be to deprive Sugartown of the benefits of its
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`exclusive right to reproduce, distribute, and display products incorporating its
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`copyrighted designs, or modifications thereof.
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`CLAIM FOR RELIEF: COPYRIGHT INFRINGEMENT
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`Sugartown repeats and incorporates by reference the allegations
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`55.
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`contained in the preceding paragraphs.
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`56.
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`Through the conduct described above, Dazzle Up has infringed
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`Sugartown’s exclusive copyright rights in the five separate Sugartown registered
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`designs, namely, the Let’s Cha Cha Design, First Impression Design, Confetti
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`Design, Lobstah Roll Design, and Lucky Charms Design.
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`57.
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`Through its infringing acts, Dazzle Up has made profits and gains to
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`which it is not entitled in law or equity.
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`58. Dazzle Up’s infringements of Sugartown’s copyright rights in the
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`Let’s Cha Cha Design, First Impression Design, Confetti Design, Lobstah Roll
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`Design, and Lucky Charms Design have damaged and will continue to damage
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`Sugartown.
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`59. Dazzle Up’s infringements of Sugartown’s copyright rights in the
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`Let’s Cha Cha Design, First Impression Design, Confetti Design, Lobstah Roll
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`Design, and Lucky Charms Design have caused and will continue to cause
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 25 of 28
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`irreparable harm to Sugartown, for which Sugartown has no adequate remedy at
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`law.
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`PRAYER FOR RELIEF
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`Sugartown therefore prays that:
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`1.
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`Dazzle Up and its agents, officers, employees, representatives,
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`successors, assigns, attorneys, parents, subsidiaries, affiliates, and all other persons
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`acting for, with, by, through, or under authority from Dazzle Up, or in concert or
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`participation with Dazzle Up, and each of them, be permanently enjoined, from
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`reproducing, making, reprinting, modifying, publishing, displaying, manufacturing,
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`selling, offering for sale, promoting, advertising, distributing and/or commercially
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`exploiting in any manner, either directly or indirectly, any products or other
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`materials on which are imprinted or which display unauthorized copies of the Let’s
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`Cha Cha Design, First Impression Design, Confetti Design, Lobstah Roll Design,
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`and Lucky Charms Design or any design substantially similar thereto;
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`2.
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`Dazzle Up be ordered to destroy all products, signs, labels, brochures,
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`advertising, web sites, promotional materials, and/or other materials in Dazzle
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`Up’s possession or control, which, if sold, distributed, or used in any way would
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`violate paragraph 1 immediately above;
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`3.
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`Sugartown recover its actual damages caused by Dazzle Up’s conduct
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`and all profits derived from Dazzle Up’s infringing acts in an amount to be
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 26 of 28
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`determined at trial of this action; or in lieu of such damages and profits, should
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`Sugartown so elect, Sugartown be awarded statutory damages, as provided by 17
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`U.S.C. § 504(c);
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`4.
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`Dazzle Up be required to pay to Sugartown the costs of this action and
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`Sugartown’s reasonable attorneys’ fees; and
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`5.
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`Sugartown be provided such other relief as this Court may deem just
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`and proper.
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`JURY TRIAL DEMAND
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`Sugartown respectfully demands a trial by jury on all claims and issues so
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`triable.
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`Respectfully submitted, this 7th day of February, 2017.
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`/s/ Jason Wenker
`Jason Wenker
`N.C. Bar No. 36076
`Kilpatrick Townsend & Stockton LLP
`1001 West Fourth Street
`Winston-Salem, NC 27101-2400
`336.607.7300 (Phone)
`330.734.2652 (Fax)
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`
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`James A. Trigg, Bar No. 716285
`Crystal C. Genteman, Bar. No. 294382
`Kilpatrick Townsend & Stockton LLP
`1100 Peachtree Street, Suite 2800
`Atlanta, Georgia 30309-4530
`404.815.6500 (Phone)
`404.815.6555 (Fax)
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`Attorneys for Sugartown Worldwide LLC
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 27 of 28
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
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`Civil Action No. 17-cv-15
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`DAZZLE UP, LLC,
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`v.
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`SUGARTOWN WORLDWIDE LLC,
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`Plaintiff,
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`Defendant.
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`CERTIFICATE OF SERVICE
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`This is to certify that the foregoing was served on counsel for Plaintiff via the
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`Court’s CM/ECF system and regular mail upon the following pursuant to the
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`Federal Rules of Civil Procedure:
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`David Sar
`Brooks, Pierce, McLendon, Humprey & Leonard, L.L.P.
`Post Office Box 2600
`Greensboro, North Carolina 27420
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`Dated: February 7, 2017.
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`/s/ Jason Wenker
`Jason Wenker
`Kilpatrick Townsend & Stockton LLP
`1001 West Fourth Street
`Winston-Salem, NC 27101-2400
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`
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`Case 1:17-cv-00015-TDS-JEP Document 7 Filed 02/07/17 Page 28 of 28
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`