Plaintiff Figure Eight Holdings acquired by assignment the copyright in the “treacherous” design depicted below (left). Plaintiff alleges that defendants had access to the design and that defendant New Era Cap has sold caps bearing a substantially similar design to retailers, including defendant Hat World. “Defendants have been demanded to cease and desist from all sales and manufacturing of caps and apparel incorporating Plaintiff’s copyrighted Subject Design, and cease and desist from printing the copyrighted Subject Design without consent.” Plaintiff alleges that Defendants have refused to stop selling the accused product, thus necessitating the lawsuit.
The case is Figure Eight Holdings, LLC v. New Era Cap Co., Inc., et al., CV10-7815 AHM (C.D. Cal. 2010).