Los Angeles, CA – A trademark infringement and unfair competition complaint was filed in the Central District of California by Woodland Hills based trademark attorneys representing RVCA Platform, LLC. RVCA is in the garment industry and is engaged in the business of design, manufacture, distribution and sale of apparel. It has used a crest design trademark in connection with the sale of apparel products and garments. Its trademark is registered with the U.S. Patent & Trademark Office for use on an extensive list of apparel products, including T-shirts and other garments.
Defendant Nautica Apparel, Inc. is a manufacturer, distributor and retailer of apparel. The complaint alleges that Nautica adopted and used Plaintiff’s trademark on apparel, including T-Shirts, in interstate commerce. Plaintiff alleges that Nautica’s trademark infringement is not only obvious and willful, but that Nautica “has attempted to misappropriate all of the consumer recognition and goodwill Plaintiff has established in the trademark by intentionally confusing consumers by using [Plaintiff’s] trademark under the words Nautica Jeans Company.” Plaintiff continues that “even a cursory, preliminary trademark clearance search incorporating the design search codes for particular design elements incorporating Plaintiff’s trademark would have revealed” plaintiff’s registration. The complaint asserts causes of action for federal trademark infringement (15 U.S.C. §§ 1114-1117; Lanham Act § 32); federal unfair competition (false designation of origin and false description (Lanham Act 43(a) and 15 U.S.C. 1125); trademark infringement under California law; and California unfair competition under section 17200.