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Case 2:15-cv-09779-BRO-AFM Document 1 Filed 12/21/15 Page 1 of 21 Page ID #:1

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KILPATRICK TOWNSEND & STOCKTON LLP


GREGORY S. GILCHRIST (State Bar No. 111536)
RYAN BRICKER (State Bar No. 269100)
Eighth Floor, Two Embarcadero Center
San Francisco, California 94111
Telephone: (415) 576-0200
Facsimile: (415) 576-0300
Email:
gilchrist@kilpatricktownsend.com
rbricker@kilpatricktownsend.com
Attorneys for Plaintiff
PATAGONIA, INC.

UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION LOS ANGELES

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PATAGONIA, INC.,
Plaintiff,

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v.
NOLAN SMITH, ALEX
TOMASZEWSKI, DOE
DEFENDANT NO. 1,

Case No. 2:15-cv-9779


COMPLAINT FOR TRADEMARK
INFRINGEMENT, UNFAIR
COMPETITION, AND DILUTION

JURY TRIAL DEMAND

Defendants.

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This lawsuit seeks to stop Nolan Smith, Alex Tomaszewski, and Doe

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Defendant No. 1 (collectively, Defendants) from infringing, misusing, and trading

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on Patagonia, Inc.s (Patagonia) trademarks, copyrights, brand name, reputation,

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and goodwill. Defendants are manufacturing, selling, and offering apparel products

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that bear Patagucci logos and designations that mimic Patagonias famous trade-

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mark and logo and copy artwork that belongs to Patagonia, including through the

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patagucci.clothing website. To stop this conduct, Patagonia alleges as follows:


PARTIES, JURISDICTION, AND VENUE

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1.

Patagonia is a California corporation headquartered at 259 West Santa

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Clara Street, Ventura, California 93001. Patagonia has been designing, developing,

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and marketing clothing for more than forty years. Today, Patagonia and the
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PATAGONIA brand are famous around the world for innovative apparel designs,

quality products, and environmental and corporate responsibility.

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2.

Nolan Smith is an individual who, on information and belief, resides

at 74 Yosemite Court, Ventura, California 93003.


3.

Alex Tomaszewski is an individual who, on information and belief,

resides at 212 Grandville Avenue SW, Apt. 502, Grand Rapids, Michigan 49503.
4.

Doe Defendant No. 1 (Doe Screenprinter) is a screen printing com-

pany that, on information and belief, is headquartered at 4848 Colt Street, #12,

Ventura, California 93003. It is applying the PATAGUCCI designation and related

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designs on apparel products, and selling said products to Mr. Smith and

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Mr. Tomaszewski.

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5.

Patagonias trademark claims arise under the Trademark Act of 1946

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(the Lanham Act), as amended by the Trademark Dilution Revision Act of 2006

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(15 U.S.C. 1051, et seq.). Patagonias claims for copyright infringement arise

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from Defendants infringement of Patagonias exclusive rights under the United

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States Copyright Act (17 U.S.C. 101, et seq.). This Court has jurisdiction over

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such claims pursuant to 28 U.S.C. 1338(a) and 1338(b) (trademark and unfair

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competition), 17 U.S.C. 501 (copyright), 28 U.S.C. 1331 (federal question),

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and 15 U.S.C. 1121 (Lanham Act).

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6.

This Court has personal jurisdiction over Defendants because

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Defendants have purposefully availed themselves of the privilege of doing business

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in this district. Doe Screenprinter is located in and does business in this district,

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including with Mr. Smith and Mr. Tomaszewski. Patagonia is informed and

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believes that Mr. Smith resides and does business in this district, and that Mr. Smith

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and Mr. Tomaszewski own and operate an interactive website that is accessible by

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Internet users in this district and offers their services and products to residents of

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California and this judicial district. The infringing products that Doe Screenprinter

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manufactures and sells to Mr. Smith and Mr. Tomaszewski, and which Mr. Smith
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and Mr. Tomaszewski advertise and offer to purchasers through their website, are

capable of being ordered by and shipped to purchasers in California and, Patagonia

is informed and believes, Defendants have produced products and made sales in

California and this judicial district, and have delivered their products here.

7.

Venue is proper in this Court under 28 U.S.C. 1391 and 1400(a)

because Defendants transact business in this district, infringe Patagonias intellec-

tual property in this district, and a substantial part of the events giving rise to the

claims asserted arose in this district.


FACTUAL ALLEGATIONS COMMON TO ALL CLAIMS

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The History of Patagonia


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Yvon Chouinard started Patagonia in the late 1960s to design and sell

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climbing clothes and other active sportswear. He adopted PATAGONIA to dif-

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ferentiate the business from another family business that designed and manufactured

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climbing gear and tools. Patagonia was chosen as the trademark to call to mind

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romantic visions of glaciers tumbling into fjords, jagged windswept peaks, gauchos,

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and condors. Since at least 1973, the PATAGONIA brand has appeared on a multi-

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colored label inspired by a silhouette of the jagged peaks of Mt. Fitz Roy skyline

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framed by a stormy sky.

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9.

In the more than forty years since Patagonias business started,

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PATAGONIA has become one of the most identifiable brands in the world. Its

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products sold under the PATAGONIA brand now include a range of active sport-

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swear, including products designed for climbing, skiing and snowboarding, surfing,

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fly fishing, and trail running, which are sold around the world. It also sells

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PATAGONIA gear and backpacks, as well as food products.

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10.

Over the years, Patagonia has earned accolades for every aspect of its

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business. Its products have won numerous awards for their technical merit, includ-

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ing, most recently, Outside Magazines Gear of the Year in 2014 and 2015; the

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National Geographic Adventure Blog Gear of the Year award in 2010, 2013,
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and 2014; and the Editors Choice and Top Pick awards from OutdoorGearLab.

In 2015, Yvon Chouinard, Patagonias founder, was inducted into the American

Marketing Association Marketing Hall of Fame.


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Patagonia also has won numerous awards and certifications for its

business initiatives, including receiving the Sustainable Business Councils first

Lifetime Achievement Award. In 1996, with an increased awareness of the

dangers of pesticide use and synthetic fertilizers used in conventional cotton grow-

ing, Patagonia began exclusively using organically grown cotton and has continued

that use for nearly twenty years. It was a founding member of the Fair Labor

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Association, which is an independent multi-stakeholder verification and training

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organization that audits apparel factories. Additionally, since 1985 Patagonia has

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pledged one percent of sales to grassroots environmental groups to preserve and

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restore our natural environment, donating more than $70 million. In 2002,

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Patagonias founder Yvon Chouinard, along with others, created a non-profit called

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1% For the Planet to encourage other businesses to do the same. Today, more than

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1,200 member companies have donated more than $100 million to more than 3,300

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nonprofits through 1% For the Planet. In 2012, Patagonia became one of

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Californias first B Corporations, ensuring Patagonia could codify into its corporate

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charter consideration of its workers, community, and the environment.

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The PATAGONIA Trademark


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Patagonia owns numerous registrations for the PATAGONIA trade-

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mark, and for its distinctive multi-colored logo depicting the Mt. Fitz Roy skyline

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(the Fitz Roy Design), for a wide ranging assortment of products. Among these

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are the following U.S. trademark registrations:

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Trademark

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PATAGONIA

Reg. No. /
Reg. Date
1189402/
February 9,
1982

Mens and Womens


Clothing-Namely,
Sweaters, Rugby Shirts,
Walking Shorts, Trousers,
Jackets, Mittens, Hoods
and Rainwear.

08/1974

1294523/
September
11, 1984

Mens, Womens and


Childrens ClothingNamely, Jackets, Pants,
Vests, Gloves, Pullovers,
Cardigans, Socks,
Sweaters, Underwear,
Shirts, Shorts, Skirts and
Belts

08/19741981

1775623/
June 8, 1993

Luggage back packs, and


all-purpose sports bags

08/1988

1811334/
December 14,
1993

Luggage, back packs,


fanny packs and allpurpose sport bags, footwear, ski bags and ski
gloves

08/1990

2260188/
July 13, 1999

Computerized on-line
10/1995
ordering activities in the
field of clothing and accessories; Providing information in the field of technical
clothing and accessories
for use in recreational,
sporting and leisure activeties; providing information
in the field of existing and
evolving environmental
issues

2392685/
October 10,
2000

On-line retail store and


mail order services featuring technical clothing,
footwear, and accessories;
Computer services in the
nature of on-line information related to the environment and clothing

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Goods

Date of
First Use

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PATAGONIA

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PATAGONIA

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PATAGONIA.COM

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Trademark

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PATAGONIA

Reg. No. /
Reg. Date
2662619/
December 17,
2002

Goods

Date of
First Use

Retail store services featur- 06/1986


ing clothing, footwear,
luggage and a wide variety
of sporting goods and
accessories

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These registrations and applications for the PATAGONIA mark and logos are in full

force and effect. The registrations have become incontestable under 15 U.S.C.

1065. A color image of the Fitz Roy Design follows:

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In addition Patagonia owns common law marks, including a logo that uses waves in

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place of the Fitz Roy skyline on a multi-colored background (the Wave Design):

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Collectively, these marks, Patagonias other registered trademarks, and its common

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law marks are referred to as the PATAGONIA trademarks. Patagonia also owns

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a registered copyright (Reg. No. VA 1-801-788) for the Fitz Roy Design, and has

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applied for a copyright registration of its copyright for the artwork used in the Wave

Design (Application No. 1-2540423641).

13.

The PATAGONIA trademarks are distinctive, arbitrary, and fanciful,

entitled to the broadest scope of protection, and certain of the PATAGONIA trade-

marks are registered in ninety countries.

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For many years prior to the events giving rise to this Complaint and

continuing to the present, Patagonia annually has spent enormous amounts of time,

money, and effort advertising and promoting the products on which its

PATAGONIA trademarks are used. PATAGONIA brand products are advertised in

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print and on the Internet. In addition to advertising by Patagonia, the PATAGONIA

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trademarks are also advertised and promoted and presented at point of sale by

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numerous retailers. Consumers, accordingly, are exposed to the PATAGONIA

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trademarks in a variety of shopping and post-sale contexts.

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Patagonia has sold its PATAGONIA brand products all over the world,

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including throughout the United States and in California. Through its promotion

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and investment in its brand and extensive sales, publicity, awards, and leadership in

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sustainable sourcing practices, Patagonia has acquired enormous goodwill in its

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PATAGONIA trademarks. The PATAGONIA trademarks have long been famous

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within the meaning of the Trademark Dilution Revision Act; the PATAGONIA

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trademarks enjoy strong consumer recognition, and are recognized around the world

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and throughout the United States by consumers as signifying high quality products

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made by a responsible company.

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Defendants Infringement of Patagonias Trademark Rights

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Patagonia is informed and believes that, in 2013, long after the

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PATAGONIA trademark became famous, Defendants started and continue to

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market and sell a line of products under the brand name PATAGUCCI and to

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identify their retail services with the PATAGUCCI designation. Making it clear that

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the brand designation is intended to refer to Patagonia, Defendants have copied the
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font in the PATAGONIA trademark, as well as the artwork in the Fitz Roy and

Wave logo designs, and used them as part of their own logo. On information and

belief, Doe Screenprinter manufactures the products at the direction of Defendants

Mr. Smith and Mr. Tomaszewski, and the two individuals sell PATAGUCCI

products through their website, www.patagucci.clothing, and offer to deliver their

products throughout the United States. Defendants Mr. Smith and

Mr. Tomaszewski advertise and market their products through, without limitation,

an Instagram account located at instagram.com/shoppatagucci and a Twitter account

located at twitter.com/shoppatagucci. Despite their obvious copying and intent to

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appropriate Patagonias goodwill, Defendants assert a proprietary interest in the

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PATAGUCCI designations and logos by, without limitation, (a) noting in the care

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label of their garments that they are authentic PATAGUCCI products, and

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(b) alleging that other products bearing the PATAGUCCI LOGO are fake.

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Examples of these claims follow.

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Defendants Claims Regarding PATAGUCCI Designation

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17.

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The patagucci.clothing e-commerce site is registered to

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Mr. Tomaszewski but, on information and belief, belongs to Defendants Mr. Smith

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and Mr. Tomaszewski jointly. The site advertises the following products which

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were the object of a test purchase by Patagonia to confirm its information and belief

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that these Defendants sell their products within the jurisdiction:

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Infringing Product Photos

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18.

Defendants also manufacture and sell other items bearing the

PATAGUCCI designation and facsimiles of the PATAGONIA logos:

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19.

Defendants copying of Patagonias logo artwork and use of the

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PATAGUCCI designation and logos have caused or will cause a likelihood of

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confusion among consumers regarding the source of PATAGUCCI products

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and whether Patagonia has sponsored, authorized, or is somehow affiliated with

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Defendants. Patagonia, consequently, has no alternative but to protect its goodwill


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and famous trademarks by obtaining an injunction against Defendants further use

of the PATAGUCCI designation and logos.

20.

Defendants use of the PATAGUCCI designation also has caused or

is likely to cause dilution of the famous PATAGONIA mark. The PATAGONIA

mark became famous within the meaning of the Trademark Dilution Revision Act

well before Defendants first engaged in their infringing conduct. Defendants

PATAGUCCI designation has caused or is likely to cause dilution of the

PATAGONIA mark by blurring and impairing the distinctiveness of the

PATAGONIA mark.

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21.

Further, Defendants PATAGUCCI designation has caused or is likely

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to cause dilution of the PATAGONIA mark by tarnishment. PATAGUCCI com-

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bines the PATAGONIA trademark with the GUCCI trademark. Given, however,

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that Defendants have faithfully reproduced Patagonias Fitz Roy and Wave logo

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designs in connection with using the PATAGUCCI designation, it makes it more

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likely that consumers will believe that the PATAGUCCI products originate from

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Patagonia rather than Gucci. Unless consumers believe that Gucci has authorized

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this use of its mark, consumers are likely to believe that Patagonia has misappropri-

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ated the GUCCI mark and its associated goodwill. The famous Patagonia trademark

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will be diminished in the eyes of consumers who form a belief that Patagonia has

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engaged in such intellectual property theft.

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Patagonia is informed and believes that Defendants have manufactured,

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marketed, and sold substantial quantities of products bearing the PATAGUCCI

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designations, and have obtained and continue to profit from such sales.

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Defendants actions have caused and will cause Patagonia irreparable

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harm for which money damages and other remedies are inadequate. Unless

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Defendants are restrained by this Court, they will continue and/or expand their

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illegal activities and otherwise continue to cause irreparable damage and injury to

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Patagonia by, among other things:


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a.

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use of its trademarks and copyrights;


b.

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Creating a likelihood of confusion, mistake, and deception

among consumers and the trade as to the source of the infringing products;
c.

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Depriving Patagonia of its statutory rights to use and control

Causing the public falsely to associate Patagonia with

Defendants and/or their PATAGUCCI products, or vice versa;


d.

Causing incalculable and irreparable damage to Patagonias

goodwill, diluting the capacity of its famous PATAGONIA trademark to differen-

tiate its products from those of its competitors, and tarnishing the PATAGONIA

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trademark; and

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e.

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products.

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Causing Patagonia to lose sales of its genuine PATAGONIA

Accordingly, in addition to other relief, Patagonia is entitled to

injunctive relief against Defendants and all persons acting in concert with them.

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FIRST CLAIM

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FEDERAL TRADEMARK INFRINGEMENT

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(15 U.S.C. 1114-1117)


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Patagonia realleges and incorporates by reference each of the allega-

tions contained in paragraphs 1 through 24 of this Complaint.


26.

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Defendants have used, in connection with the sale, offering for sale,

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distribution, or advertising of their PATAGUCCI products and services, words and

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symbols that infringe upon Patagonias PATAGONIA trademark.


27.

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These acts of trademark infringement have been committed with the

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intent to cause confusion, mistake, or deception, and are in violation of 15 U.S.C.

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1114.
28.

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As a direct and proximate result of Defendants conduct, Patagonia is

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entitled to recover Defendants unlawful profits and Patagonias damages, and treble

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the amount of its damages and Defendants profits, and to an award of attorneys

fees under 15 U.S.C. 1117(a).

29.

Patagonia is entitled to injunctive relief pursuant to 15 U.S.C. 1116(a)

that requires Defendants to stop use of the PATAGUCCI designation and the use

and ownership of the patagucci.clothing domain name and website.

SECOND CLAIM

FEDERAL UNFAIR COMPETITION

(False Designation of Origin and False Description 15 U.S.C. 1125(a))

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30.

Patagonia realleges and incorporates by reference each of the allega-

tions contained in paragraphs 1 through 29 of this Complaint.


31.

Defendants conduct as alleged in this Complaint constitutes the use

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of symbols or devices tending falsely to describe the infringing products, within the

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meaning of 15 U.S.C. 1125(a)(1). Defendants conduct is likely to cause confu-

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sion, mistake, or deception by or in the public as to the affiliation, connection, asso-

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ciation, origin, sponsorship, or approval of the infringing products to the detriment

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of Patagonia and in violation of 15 U.S.C. 1125(a)(1).

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32.

As a direct and proximate result of Defendants conduct, Patagonia is

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entitled to recover Defendants unlawful profits and Patagonias damages, and treble

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the amount of its damages and Defendants profits, and to an award of attorneys

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fees under 15 U.S.C. 1117(a).

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33.

Patagonia is entitled to injunctive relief pursuant to 15 U.S.C. 1116(a)

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that requires Defendants to stop use of the PATAGUCCI designation and the use

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and ownership of the patagucci.clothing domain name and website.

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THIRD CLAIM

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FEDERAL DILUTION OF FAMOUS MARK

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(Trademark Dilution Revision Act of 2006 15 U.S.C. 1125(c))

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34.

Patagonia realleges and incorporates by reference each of the allega-

tions contained in paragraphs 1 through 33 of this Complaint.


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35.

Patagonias PATAGONIA trademark is distinctive and famous within

the meaning of the Trademark Dilution Revision Act of 2006, 15 U.S.C. 1125(c),

and was famous prior to Defendants adoption of and initial uses of the

PATAGUCCI designation.
36.

Defendants conduct is likely to cause dilution of Patagonias

PATAGONIA trademark by blurring, i.e., by diminishing its distinctiveness in

violation of the Trademark Dilution Revision Act of 2006, 15 U.S.C. 1125(c).


37.

Defendants conduct is likely to cause dilution of Patagonias

PATAGONIA trademark by tarnishment, i.e., by harming the reputation of the

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PATAGONIA trademark by causing consumers to associate it with the spurious

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PATAGUCCI designation in violation of the Trademark Dilution Revision Act of

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2006, 15 U.S.C. 1125(c).


38.

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As a direct and proximate result of Defendants conduct, Patagonia is

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entitled to recover Defendants unlawful profits and Patagonias damages, and treble

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the amount of its damages and Defendants profits, and to an award of attorneys

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fees under 15 U.S.C. 1116(a), 1117(a), and 1125(c).


39.

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Patagonia is entitled to injunctive relief pursuant to 15 U.S.C.

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1116(a) and 1125(c) that requires Defendants to stop use of the PATAGUCCI

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designation and the use and ownership of the patagucci.clothing domain name and

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website.

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FOURTH CLAIM

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FEDERAL COPYRIGHT INFRINGEMENT

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(17 U.S.C. 101, et seq., and 17 U.S.C. 501, et seq.)


40.

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Patagonia realleges and incorporates by reference each of the allega-

tions contained in paragraphs 1 through 39 of this Complaint.


41.

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Patagonia owns the copyrights for its Fitz Roy Design and Wave

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Design, each of which is or will be federally registered.

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42.

Defendants have copied, advertised, offered for sale, and/or sold copies

of the Fitz Roy Design and Wave Design without Patagonias authorization or per-

mission and in violation of Patagonias exclusive rights in its copyrights.

43.

Defendants unlawful reproduction, advertisement, distribution,

and/or sale of Patagonias proprietary designs constitutes copyright infringement.

Patagonia alleges that Defendants acted intentionally, willfully, and in bad faith

when they reproduced, advertised, distributed, displayed, and/or sold the infringing

designs.

44.

Defendants infringement alleged herein has caused and, if not

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enjoined, will continue to cause Patagonia to suffer irreparable harm for which

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there is no adequate remedy at law, and has also caused damage to Patagonia in an

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amount which cannot be accurately computed at this time but will be proven at trial.

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45.

As a direct and proximate result of Defendants conduct, Patagonia is

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entitled to injunctive relief, as well as actual damages and any profits earned by

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Defendants as a result of their infringement, or statutory damages of up to $150,000

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for each work infringed, at Patagonias election. 17 U.S.C. 504.

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PRAYER FOR JUDGMENT

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WHEREFORE, Patagonia prays that this Court grant it the following relief:

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1.

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Adjudge that Patagonias trademark has been infringed by Defendants

in violation of Patagonias rights under 15 U.S.C. 1114;


2.

Adjudge that Defendants have competed unfairly with Patagonia in

violation of Patagonias rights under 15 U.S.C. 1125(a);


3.

Adjudge that Defendants activities are likely to dilute Patagonias

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famous PATAGONIA trademark in violation of Patagonias rights under 15 U.S.C.

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1125(c);

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4.

Adjudge that Defendants and their agents, employees, attorneys,

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successors, assigns, affiliates, and joint ventures, and any person(s) in active concert

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or participation with them, and/or any person(s) acting for, with, by, through, or
COMPLAINT
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Case 2:15-cv-09779-BRO-AFM Document 1 Filed 12/21/15 Page 18 of 21 Page ID #:18

under them, be enjoined and restrained at first during the pendency of this action

and thereafter permanently from:


a.

Manufacturing, producing, sourcing, importing, selling, offering

for sale, distributing, advertising, or promoting any goods or services that display

any words or symbols that so resemble Patagonias PATAGONIA trademark as to

be likely to cause confusion, mistake, or deception, on or in connection with any

product that is not authorized by or for Patagonia, including, without limitation,

any product or service that bears the PATAGUCCI designation or any other

approximation of Patagonias trademark;


b.

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Using any word, term, name, symbol, device, or combination

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thereof, including PATAGUCCI or patagucci.clothing, that causes or is likely to

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cause confusion, mistake, or deception as to the affiliation or association of

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Defendants or their products with Patagonia or as to the origin of Defendants

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goods, or any false designation of origin, false or misleading description or repre-

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sentation of fact, or any false or misleading advertising, or likely dilution of the

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PATAGONIA trademark;

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c.

Further infringing the rights of Patagonia in and to its

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PATAGONIA trademark, or otherwise damaging Patagonias goodwill or business

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reputation;

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d.

Further diluting the famous PATAGONIA trademark;

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e.

Otherwise competing unfairly with Patagonia in any manner; and

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f.

Continuing to perform in any manner whatsoever any of the

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other acts complained of in this Complaint;


5.

Order that patagucci.clothing, the @Shoppatagucci Instagram handle,

and the @Shoppatagucci Twitter handle shall be transferred to Patagonia;


6.

Adjudge that Defendants and their agents, employees, attorneys,

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successors, assigns, affiliates, and joint ventures, and any person(s) in active concert

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or participation with them, and/or any person(s) acting for, with, by, through, or
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Case 2:15-cv-09779-BRO-AFM Document 1 Filed 12/21/15 Page 19 of 21 Page ID #:19

under them, be enjoined and restrained at first during the pendency of this action

and thereafter permanently from:


a.

Distributing, reproducing, or otherwise disseminating

Patagonias copyrighted Fitz Roy Design and Wave Design, including, without

limitation, on apparel products;


b.

Preparing any derivative works that are based on or incorporate

the Fitz Roy Design and Wave Design or any other copyrighted materials owned by

Patagonia; and

c.

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Otherwise infringing any of Patagonias rights under the

Copyright Act and any other source of federal or state law.


7.

Adjudge that Defendants, within thirty (30) days after service of the

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Courts judgment, be required to file with this Court and serve upon Patagonias

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counsel a written report under oath setting forth in detail the manner in which they

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have complied with the judgment;

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8.

Adjudge that Patagonia recover from Defendants its damages and lost

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profits, and Defendants profits, in an amount to be proven at trial (and, with respect

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to Patagonias copyright infringement claims, pursuant to Patagonias election at

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any time before final judgment is rendered, award Patagonia statutory damages of

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up to $150,000 for each work infringed);

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9.

Adjudge that Defendants be required to account for any profits that

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are attributable to their illegal acts, and that Patagonia be awarded (1) Defendants

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profits and (2) all damages sustained by Patagonia, under 15 U.S.C. 1117, plus

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prejudgment interest;

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10.

Adjudge that the amounts awarded to Patagonia pursuant to 15 U.S.C.

1117 shall be trebled;


11.

Adjudge that Patagonia be awarded its costs and disbursements

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incurred in connection with this action, including Patagonias reasonable attorneys

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fees and investigative expenses; and


COMPLAINT
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12.

Adjudge that all such other relief be awarded to Patagonia as this Court

deems just and proper.

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DATED: December 21, 2015

Respectfully submitted,
KILPATRICK TOWNSEND & STOCKTON LLP

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By: /s/ Gregory S. Gilchrist


GREGORY S. GILCHRIST
RYAN BRICKER

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Attorneys for Plaintiff


PATAGONIA, INC.

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COMPLAINT
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Case 2:15-cv-09779-BRO-AFM Document 1 Filed 12/21/15 Page 21 of 21 Page ID #:21

DEMAND FOR JURY TRIAL

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Patagonia, Inc. demands that this action be tried to a jury.

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DATED: December 21, 2015

Respectfully submitted,
KILPATRICK TOWNSEND & STOCKTON LLP

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By: /s/ Gregory S. Gilchrist


GREGORY S. GILCHRIST
RYAN BRICKER

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Attorneys for Plaintiff


PATAGONIA, INC.

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68010204V.1

COMPLAINT
Case No. 2:15-cv-9779

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