Embed Size (px)
Citation preview
Electronically FILED by Superior Court of California, County of Los Angeles on 04/03/2019 06:38 PM Sherri R. Carter, Executive Officer/Clerk of Court, by N. Alvarez,Deputy Clerk19STCV11523
Assigned for all purposes to: Stanley Mosk Courthouse, Judicial Officer: Yolanda Orozco
1 BROWNE GEORGE ROSS LLP Peter W. Ross (State Bar No. 109741)
[email protected] Keith J. Wesley (State Bar No. 229276)
[email protected] Noah S. Helpem (State Bar No. 254023)
nhelpem@‘bgrfirm.com 2121 Avenue of the Stars, Suite 2800 Los Angeles, California 90067 Telephone: (310) 274-7100 Facsimile: (310) 275-5697
2
3
4
5
6
Attorneys for Plaintiffs Chadwick McQueen and City National Bank as Trustee of the Terry McQueen Testamentary Trust
7
8
9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF LOS ANGELES, CENTRAL DISTRICT
12
CHADWICK MCQUEEN, an individual; CITY NATIONAL BANK AS TRUSTEE OF THE TERRY MCQUEEN TESTAMENTARY TRUST,
Case No.13
14 COMPLAINT FOR:
TRADEMARK INFRINGEMENT [15 U.S.C. §1114];FALSE ENDORSEMENT AND DESIGNATION OF ORIGIN [15 U.S.C. §1125(a)];RIGHT OF PUBLICITY [CAL. CIV. CODE §3344.1];COMMON LAW UNFAIR COMPETITION
15 (1)Plaintiffs,
16 (2)vs.17
TOM FORD INTERNATIONAL LLC dba TOM FORD, a limited liability company; THE NEIMAN MARCUS GROUP, LLC dba NEIMAN MARCUS and BERGDORF GOODMAN, a limited liability company; and DOES 1 through 10, inclusive,
(3)18
19 (4)
20
DEMAND FOR JURY TRIALDefendants.21
22
23
24
25
26
27
28
1217797.2
COMPLAINT
Plaintiffs Chadwick McQueen and City National Bank, in its capacity as Trustee of the
Terry McQueen Testamentary Trust for the benefit of Molly McQueen, allege the following:
1
2
3 PARTIES
4 Plaintiff Chadwick McQueen is the son of the deceased movie star Steve McQueen.
Chadwick McQueen is the co-owner of his father’s right of publicity and trademark rights. He
resides in the County of Los Angeles.
Plaintiff City National Bank is the trustee of the Terry McQueen Testamentary
Trust, which is the other co-owner of Steve McQueen’s rights of publicity and trademark rights.
The trust is administered in the County of Los Angeles for the benefit of Molly McQueen, who is
the daughter of Steve McQueen’s late daughter, Terry McQueen. Molly McQueen also resides in
the County of Los Angeles.
3. Plaintiffs Chadwick McQueen and City National Bank as Trustee of the Terry
McQueen Testamentary Trust are hereinafter referenced collectively as “Plaintiffs.”
4. Plaintiffs are informed and believe and thereon allege that defendant Tom Ford
International LLC dba Tom Ford (“Tom Ford”) is a limited liability company organized under the
laws of Delaware with its principal place of business in New York, New York. Tom Ford owns
and/or operates retail stores and an interactive website, including in Los Angeles County.
5. Plaintiffs are informed and believe and thereon allege that defendant The Neiman
Marcus Group LLC dba Neiman Marcus and Bergdorf Goodman (“Neiman Marcus”) is a limited
liability company organized under the laws of Delaware, and headquartered in Dallas, Texas.
Neiman Marcus owns and/or operates retail stores and an interactive website, including in Los
Angeles County.
1.
5
6
2.7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
The true names and capacities, whether individual, corporate, associate or
otherwise of defendant Does 1 through 10, inclusive, are unknown to Plaintiffs who therefore sue
said defendants by such fictitious names. Plaintiffs are informed and believe and thereon allege
that each of the defendants designated herein as a fictitiously-named defendant is in some manner
legally responsible for the events and happenings alleged herein. Defendants Tom Ford, Neiman
Marcus and Does 1 through 10 are hereinafter referred to collectively as “Defendants.”
6.23
24
25
26
27
28
1217797.2 -2-COMPLAINT
1 GENERAL ALLEGATIONS
2 A. Steve McQueen Is a Movie Icon and “The King of Cool”
3 Terence Steven “Steve” McQueen (hereinafter “Steve McQueen” or “McQueen”)
is one of the most famous actors in American film history.
McQueen’s “anti-hero” persona made him a top box-office draw of the counter
cultural 1960s and 1970s and engendered his nickname “The King of Cool.” Even today,
McQueen is synonymous with cool.
McQueen received an Academy Award nomination for his role in The Sand
Pebbles and starred in other landmark films, including The Cincinnati Kid, The Thomas Crown
Affair, Bullitt, The Getaway, and Papillon, as well as the all-star ensemble films The Magnificent
Seven, The Great Escape, and The Towering Inferno.
10. By 1974, McQueen was the highest-paid movie star in the world.
11. Tragically, however, McQueen was taken from us too soon; he passed away on
November 7, 1980. McQueen remains popular, with ongoing demand for commercial use of his
name, likeness and/or persona. Forbes ranked him number 9 on its list of top-earning deceased
celebrities. (See https://www.forbes.com/pictures/mfl45hggm/no-9-steve-mcqueen-
7.
4
5 8.
6l7
8 9.
9
10
11
12
13
14
15
16
tie/#3c70408eaaf9)17
Part of McQueen’s lore was as a style icon. As one writer noted, “Steve McQueen
made everything he wore cool. Whether it was a polo shirt and khakis or a lounge suit, everything
he wore looked better. He could be wearing the same shirt and trousers as your father, but there
was no way they looked the same. McQueen epitomized style...” [See
http://hespokestvle.com/steve-mcqueen-stvle-icon/ ]
18 12.
19
20
21
22
23
24
25
26i See, for example, “15 Reasons Why Steve McQueen Is Still Cooler Than Us And Always Will Be.” (https://mix979frn.com/10-reasons-why-steve-mcqueen-is-still-cooler-than-us-and-always- will-be/)
27
28
1217797.2 -3-COMPLAINT
1 Certain sartorial items in fact became synonymous with McQueen. One such
garment was a wool cardigan sweater with a shawl collar.
13.
2
3- . . - ■ •, -
i f
*{SX- XT■f
“94*4
*5:>w ■-9 \^95 <£ v j
!6/
• & \A?k 1 a7 r k.
%?8 1V --s*p
r - Jl9-i .
10
f- . ,11 r-
12
13The online website Sfy/e Girlfriend referred to McQueen as “the lord of manly
knitwear” and devoted an article to his sweaters, including the “neutral cardigan” with the “shawl
14.14
15collar.”
16Steve McQueen became so known for his shawl-collar cardigan that an online style
publication noted he “could also be called the king of the cardigan, considering his role in re
establishing the sweater as a functional and fashionable garment for young rebels rather than as
the staid staple of TV dads like Ward Cleaver.” [https://bamfstyle.com/2017/09/10/cincinnatikid-
cardigan/] Accompanying the article was an image of McQueen in a brown cardigan from his
motion picture The Cincinnati Kid - see below.
15.17
18
19
20
21
22
23
24
25
26
27
28
1217797.2 -4-COMPLAINT
1
I2
3
4
5
I6
7
8
9 Steve McQueen as Eric “The Kid” Stoner in The Cincinnati Kid (1965)
10
11 16. McQueen made that sweater cool - so much so that James Bond wore one forty
years later. (See www.bondsuits.com/the-shawl-collar-cardigan-in-quantum-of-solace (“Daniel
Craig channels Steve McQueen in Quantum of Solace with a shawl-collared cardigan.”))
The Steve McQueen Intellectual Property
12
13
14 C.
For more than thirty years, the McQueen family has carefully and deliberately
limited the projects featuring Steve McQueen. Plaintiffs own trademark rights in the mark
STEVE MCQUEEN, including a federal trademark registration (Reg. No. 3,948,067 effective
April 19, 2011) for use of the trademark for, among other things, sport shirts, sweaters, and tops.
For example, for many years, the Steve McQueen name and trademark have been officially
licensed for use by Barbour International for a collection of outwear and apparel.
In addition, Plaintiffs own valuable various statutory and common-law rights of
publicity in the Steve McQueen name, likeness and persona. (Collectively, with the trademark
rights, the “Steve McQueen Intellectual Property.”)
Defendants Use McQueen’s Intellectual Property Rights To Sell Sweaters
15 17.
16
17
18
19
20
21 18.
22
23
24 C.
25 Tom Ford is a fashion house and brand. Its namesake, Texan Tom Ford, founded
the company in 2005 after having served as the Creative Director of Gucci and Yves Saint
Laurent. The products made, marketed and sold under the Tom Ford brand include womenswear,
menswear, eyewear, accessories, shoes, luggage and cosmetics. Tom Ford sells its products
19.
26
27
28
1217797.2 -5-COMPLAINT
directly to consumers via its retail stores and website www.tomford.com.1
2 Among the products Tom Ford sells, directly through its website and at its stores,
are wool cardigan sweaters with shawl collars; Tom Ford labels these sweaters as “McQueen”
20.
3
4 sweaters:
(a) the “McQueen Cardigan” selling for $2390, available in black color [Item No.5
6 TFK154-BPK82 ]
7
8i
9
10
11
12
13
14THE ICONIC TOM FORD MCQUEEN CARDIGAN DESIGNED WITH A SHAWL COLLAR, LEATHER
BUTTONS AND PATCH POCKETS
15
16
17
The accompanying “Description” for the “McQueen Cardigan” is “THE ICONIC TOM18
FORD MCQUEEN CARDIGAN DESIGNED WITH A SHAWL COLLAR, LEATHER19
BUTTONS AND PATCH POCKETS.”20
21
22
23
24
25
26
27
28
1217797.2 -6-COMPLAINT
1 (b) the “Merino McQueen Cardigan” selling for $1690, available in black and ivory colors
[Item No. TFK154-BRM53]2
3
#4 If
t5
6\\l
8
9 *it
10THE ICONIC MCQUEEN EXTRAFINE MERINO WOOL CARDIGAN UPDATED WITH
LARGER COLLAR AND PLACKET.11
12
The “Description” for the “Merino McQueen Cardigan” is “THE ICONIC MCQUEEN13
EXTRAFINE MERINO WOOL CARDIGAN UPDATED WITH LARGER COLLAR14
AND PLACKET.” The “Details” refer to the “ICON MCQUEEN CARDIGAN.”15
(c) the “Wool McQueen Cardigan” selling for $2390, available in burgundy color [Item16
No. TFK154-BPK53 ]17
18
19
20
21
22
23
24
25
26 THE ICONIC MCQUEEN EXTRAFINE MERINO WOOL CARDIGAN UPDATED
WITH LARGER COLLAR AND PLACKET.27
28
1217797.2 -7-COMPLAINT
1 The “Description” for the “Wool McQueen Cardigan” is “THE ICONIC TOM FORD
MCQUEEN CARDIGAN DESIGNED WITH A SHAWL COLLAR, HORN BUTTONS2
3 AND PATCH POCKETS. CRAFTED OF EXTRAFINE MERINO WOOL.”
4 21. For more than a century, Neiman Marcus has been a retailer of luxury goods.
Neiman Marcus sells its goods via catalogs and websites www.neimanmarcus.com and
www.bergdorfgoodman.com and through its Neiman Marcus and Bergdorf Goodman stores.
There are two Bergdorf Goodman stores in Manhattan and 42 Neiman Marcus stores across the
United States. California has seven Neiman Marcus stores, two of which are in Los Angeles
County.
5
6
7
8
9
On its websites and at its retail locations, Neiman Marcus sells the “McQueen”10 22.
sweaters made by Tom Ford, promoting them as “Steve McQueen” cardigans.11
(a) The “TOM FORD Men’s 8 Gauge Pure Steve McQueen Cardigan” sells for $2,450 and12
is available in gray color.13
14 ffTOM FORD 8 gauge pure cashmere
cardigan in Steve McQueen style.• Shawl collar; button front.• Side patch pockets.• Long sleeves.• Cashmere.• Made in Italy.
)
15
16
17
18 9i
19I • I20 X.21
22
23P
24
(b) Advertised as an exclusive is the “TOM FORD Steve McQueen Shawl-Collar
Cashmere Cardigan” selling for $2,390.00 and is available in tan color.
25
26
27
28
1217797.2 -8-COMPLAINT
1
ATom Ford "Steve McQueen" cashmere cardigan.
• Shawl collar; button front.
• Long sleeves.• Front patch pockets.• Made in Italy.
2
3
4/\5
6 '
7
II8 o
9 • i *
10
11 /s
12
13
Bergdorf Goodman sells two Tom Ford “McQueen” cardigan sweaters:
(a) the “TOM FORD Iconic Shawl-Collar Cardigan, Light Gray” describes as “TOM
FORD ribbed-knit cardigan inspired by the iconic Steve McQueen.” It sells for $1,590.00
and is available in light gray color.
14 23.
15
16
17
K-18 TOM FORD ribbed-knit cardigan inspired by the iconic Steve McQueen.
• Shawl collar; leather-covered button front.
• Front patch pockets.• Ribbed cuffs and hem.• Wool.• Made in Italy.
19
20
21
L22
23
- :24
I25 \
'k 126
27
28
1217797.2 -9-COMPLA1NT
1 (b) the “IOM FORD Men’s 8 Gauge Pure Steve McQueen Cardigan” which retails
for $2,450.00 available in gray color. This sweater is advertised as “TOM FORD 8
gauge pure cashmere cardigan in Steve McQueen style.”
2
3
4 TOM FORD 8 gauge pure cashmere cardigan in Steve McQueen style.• Shawl collar; button front.• Side patch pockets.• Long sleeves.• Cashmere.• Made in Italy. i5
6
7
i84
9
10Rt
*
11 1
12\/13
14 Neither Tom Ford nor Neiman Marcus has a license or other permission from
Plaintiffs to use the Steve McQueen Intellectual Property on the products described above
(collectively, the “Infringing Products”) or any other products.
Plaintiffs are informed and believe and thereon allege that Defendants also used the
Steve McQueen Intellectual Property to promote the Infringing Products through word-of-mouth
promotions, communications with retailers, industry insiders, and members of the public.
Plaintiffs are informed and believe and thereon allege that Defendants’
aforementioned advertising and promotional activities were directed to California. Plaintiffs are
further aware the Tom Ford “McQueen” sweaters are available for sale at Defendants’ stores in
California.
24.15
16
17 25.18
19
20 26.21
22
23
24 Plaintiffs are informed and believe that Defendants were aware that Steve27.25 McQueen had resided in California and that Plaintiffs reside in California. Plaintiffs are informed
and believe and thereon allege that Defendants engaged in their unauthorized use of the Steve
McQueen Intellectual Property rights deliberately, knowing that Plaintiffs would be harmed in
26
27
28
1217797.2 -10-COMPLAINT
California.1
2 28. Consumers routinely pay a premium for products authenticated or approved by the
McQueen family and featuring Steve McQueen. Defendants thus benefitted from their use of the
Steve McQueen Intellectual Property by trading upon Steve McQueen’s goodwill and reputation
in the relevant public in order to promote and sell their Infringing Products.
Defendants’ unauthorized use of the Steve McQueen Intellectual Property has
damaged Plaintiffs. The Infringing Products create the false perception that Defendants’ sweaters
have been authorized by the family. By unfairly benefitting from the public attention and
exclusivity that would have accompanied an authorized relationship with the McQueen family,
Defendants have deprived the family of the commensurate compensation for use of the Steve
McQueen name and likeness. Plaintiffs have thus lost licensing fees from Defendants from their
use of the Steve McQueen Intellectual Property.
30. Upon discovering Defendants’ unauthorized use of the Steve McQueen Intellectual
Property, Plaintiffs’ representatives contacted Tom Ford and requested that it cease using Steve
McQueen’s name and persona to market the “McQueen” sweaters. Tom Ford refused. As far as
Plaintiffs are aware, Defendants made no change in their advertising and marketing and continue
to brand, advertise, market and sell their cardigans using the Steve McQueen Intellectual Property.
3
4
5
6 29.
7
8
9
10
11
12
13
14
15
16
17
18 FIRST CAUSE OF ACTION
19 (Trademark Infringement)
31. Plaintiffs re-allege and incorporate by reference herein each and every allegation
contained in the paragraphs above and below.
32. Plaintiffs own valid registrations issued by the United States Patent and Trademark
Office for the trademark STEVE MCQUEEN, (the “McQueen Trademarks”), in a variety of
classes and categories, including for sport shirts, sweaters, and tops.
33. The McQueen Trademarks are valid, protectable marks that Plaintiffs use in
20
21
22
23
24
25
26 commerce.
Defendants have used the McQueen Trademarks to advertise, market, offer for sale,
sell, distribute, and profit from the sale of sweaters.
27 34.
28
1217797.2 -11-COMPLAINT
1 Defendants’ use of the McQueen Trademarks is likely to cause confusion among
ordinary purchasers as to the source, sponsorship, or affiliation of Defendants’ products.
Plaintiffs have never consented to Defendants’ use of the McQueen Trademarks.
Defendants infringed upon the McQueen Trademarks willfully.
As a proximate result of the unfair advantage accruing to Defendants from using
confusingly similar marks and deceptively trading on goodwill in the McQueen Trademarks,
Defendants have made substantial sales and profits in amounts to be established according to
proof. .
35.
2
3 36.
4 37.
5 38.
6
7
8
9 39. Asa proximate result of the unfair advantage accruing to Defendants from using
similar or quasi-similar marks and deceptively trading on goodwill in the McQueen Trademarks,
Plaintiffs have been damaged in amounts to be established according to proof.
40. Unless restrained by the Court, Defendants will continue to infringe the McQueen
Trademarks. Pecuniary compensation will not afford Plaintiffs adequate relief for the damage to
the trademarks. In the absence of injunctive relief, consumers are likely to continue to be
mistaken or deceived as to the true source, origin, sponsorship, and affiliation of the Infringing
Products.
10
11
12
13
14
15
16
Defendants’ acts were committed, and continue to be committed, with actual notice
of Plaintiffs’ exclusive rights and with the intent to cause confusion, to cause mistake, and/or to
deceive, and to cause injury to the reputation and goodwill associated with the McQueen
Trademarks. Pursuant to 15 U.S.C. section 1117, Plaintiffs, therefore, are entitled to recover three
times actual damages or three times Defendants’ profits, whichever is greater, together with their
attorneys’ fees. Plaintiffs are also entitled to statutory damages of $2 million per registered mark.
17 41.
18
19
20
21
22
23 SECOND CAUSE OF ACTION
24 (False Endorsement and Designation of Origin)
42. Plaintiffs re-allege and incorporate by reference herein each and every allegation
contained in the paragraphs above and below.
43. The McQueen Trademarks, as well as the Steve McQueen name and likeness, are
inherently distinctive and have also acquired secondary meaning for over 50 years.
25
26
27
28
1217797.2 -12-complaint
1 44. Defendants were and are advertising, marketing, creating, displaying, promoting,
offering for sale, selling, distributing, and profiting from products incorporating the McQueen
Trademarks.
2
3
Plaintiffs have never consented to Defendants’ use of the McQueen Trademarks or
the Steve McQueen Intellectual Property.
46. Defendants have used the McQueen Trademarks, as well as the Steve McQueen
name and likeness, in a way that is likely to cause confusion and/or mistake among relevant
consumers by falsely suggesting and implying that Tom Ford “McQueen” sweaters were
authorized, approved and/or sponsored by Plaintiffs or that Plaintiffs are in some way affiliated,
connected or associated with Tom Ford or its sweaters.
4 45.
5
6
7
8
9
10
11 47. As a proximate result of the unfair advantage accruing to Defendants from using
similar or quasi-similar marks and the name and likeness of Steve McQueen and deceptively
trading on Plaintiffs’ goodwill. Defendants have made substantial sales and profits in amounts to
be established according to proof.
48. Asa proximate result of the unfair advantage accruing to Defendants from using
confusingly similar marks and the name and likeness of Steve McQueen and deceptively trading
on Plaintiffs’ goodwill, Plaintiffs have been damaged and deprived of substantial profits and the
value of the trademarks as commercial assets, in amounts to be established according to proof.
49. Unless restrained by the Court, Defendants will continue to infringe Plaintiffs’
trademarks and rights to the Steve McQueen name and likeness. Pecuniary compensation will not
afford Plaintiffs adequate relief for the damage to the trademarks and the Steve McQueen name
and likeness. In the absence of injunctive relief, consumers are likely to continue to be mistaken
or deceived as to the true source, origin, sponsorship, endorsement and affiliation of the Infringing
Products.
12
13
14
15
16
17
18
19
20
21
22
23
24
Defendants’ acts were committed, and continue to be committed, with actual notice
of Plaintiffs’ exclusive rights and with the intent to cause confusion, to cause mistake, and/or to
deceive, and to cause injury to the reputation and goodwill of Plaintiffs and the McQueen Estate.
Pursuant to 15 U.S.C. section 1117, Plaintiffs are, therefore, entitled to recover three times the
25 50.
26
27
28
1217797.2 -13-complaint
1 actual damages or three times Defendants’ profits, whichever is greater, together with attorneys’
fees.2
3 THIRD CAUSE OF ACTION
4 (Violation of Civil Code Section 3344.1)
Plaintiffs re-allege and incorporate by reference herein each and every allegation
contained in the paragraphs above and below.
Steve McQueen died on or about November 7, 1980, and all of the actions by
Defendants complained of herein occurred within 70 years of his death.
53. At the time of his death, Steve McQueen was domiciled in California.
54. At the time of his death, the name, photograph and likeness of Steve McQueen had
substantial commercial value.
5 51.
6
7 52.
8
9
10
11
Plaintiffs are co-owners of the rights of publicity of Steve McQueen.
Prior to the dates of Defendants’ use of the name and likeness of Steve McQueen,
Plaintiffs duly registered their claims to the right to make use of the name, photograph, and
likeness of Steve McQueen with the office of the Secretary of State of California.
Defendants have violated Plaintiffs’ right to make use of Steve McQueen’s name,
photograph, and likeness commercially by using the same without consent or authorization from
Plaintiffs.
12 55.
13 56.
14
15
16 57.
17
18
58. Plaintiffs are entitled to recover actual damages, statutory damages of no less than
$750, and/or Defendants’ profits in an amount to be determined at trial.
59. Plaintiffs are entitled to attorneys’ fees and costs.
60. Plaintiffs are informed and believe, and thereon allege, that Defendants committed
the foregoing acts with the intention of depriving Plaintiffs of their legal rights, with oppression,
fraud, and/or malice, and in conscious disregard of Plaintiffs’ rights. Plaintiffs are, therefore,
entitled to an award of exemplary and punitive damages, according to proof.
19
20
21
22
23
24
25
26 FOURTH CAUSE OF ACTION
27 (Common Law Unfair Competition)
Plaintiffs re-allege and incorporate by reference herein each and every allegation28 61.
1217797.2 -14-complaint
1 contained in the paragraphs above and below.
Defendants’ unauthorized use of the McQueen Trademarks and the name and
likeness of Steve McQueen is likely to cause consumer confusion as to the source, origin,
sponsorship, and association of the Infringing Products.
63. Plaintiffs have been, and will continue to be, damaged and irreparably harmed by
the actions of Defendants unless enjoined by this Court.
64. Plaintiffs have no adequate remedy at law.
65. Plaintiffs are entitled to recover damages and/or Defendants’ profits in an amount
to be determined at trial.
2 62.
3
4
5
6
7
8
9
66. Plaintiffs are informed and believe, and thereon allege, that Defendants committed
the foregoing acts with the intention of depriving Plaintiffs of their legal rights, with oppression,
fraud, and/or malice, and in conscious disregard of Plaintiffs’ rights. Plaintiffs are, therefore,
entitled to an award of exemplary and punitive damages, according to proof.
10
11
12
13
14 PRAYER
WHEREFORE, Plaintiffs pray for judgment against Defendants, and each of them, as15
follows:16
1. For preliminary and permanent injunctions enjoining and restraining Defendants,
their agents, employees, representatives, partners, joint venturers, and/or anyone acting on behalf
of, or in concert with Defendants, from:
17
18
19
designing, manufacturing, importing, shipping, delivering, selling,
marketing, displaying, advertising, or promoting any product that incorporates or is marketed in
conjunction with any Steve McQueen trademark, name, photograph, persona or likeness;
representing or implying, directly or indirectly, to retailers, customers,
distributors, licensees, or any other customers or potential customers of Defendants’ products that
Defendants’ products originate with, are sponsored, endorsed, or licensed by, or are otherwise
associated or affiliated with Plaintiffs or Steve McQueen;
For an order requiring the destruction of all marketing, advertising, or promotional
materials depicting Steve McQueen’s name, photograph or likeness;
20 a.
21
22
b.23
24
25
26
27 2.
28
1217797.2 -15-complaint
1 For an accounting of all profits obtained by Defendants from sales of any product
incorporating or marketed in conjunction with any Steve McQueen trademark, name, photograph,
persona or likeness, and an order that Defendants hold all such profits in a constructive trust for
the benefit of Plaintiffs;
3.
2
3
4
For an award to Plaintiffs of all profits earned by Defendants from their infringing5 4.
6 acts;
For compensatory damages according to proof, but no less than $1 million;
For statutory damages of no less than $2 million per registered trademark and $750
for a violation of Civil Code section 3344.1;
For punitive damages according to proof;
For pre-judgment interest according to proof;
For the attorneys’ fees and costs of suit incurred herein; and
10. For such other and further relief as the Court may find appropriate.
7 5.
8 6.
9
10 7.
11 8.
9.12
13
Dated: March 29, 2019 BROWNE GEORGE ROSS LLP Peter W. Ross Keith J. Wesley Noah S. Helpem
14
15
16
17
18 By:Keith J. Wesley19
Attorneys for Plaintiffs Chadwick McQueen and City National Bank as Trustee of the Terry McQueen Testamentary Trust
20
21
22
23
24
25
26
27
28
1217797.2 -16-complaint
1 DEMAND FOR JURY TRIAL
Plaintiffs hereby demand trial by jury.2
Dated: March 29, 2019 BROWNE GEORGE ROSS LLP Peter W. Ross Keith J. Wesley Noah S. Helpem
3
4
5
6
7 By:Keith J. Wesley f
8
Attorneys for Plaintiffs Chadwick McQueen and City National Bank as Trustee of the Terry McQueen Testamentary Trust
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1217797.2 -17-COMPLAINT
General Information
Court CA Superior Court - Los Angeles County
Docket Number 19STCV11523
Status OPEN
Chadwick McQueen v. Tom Ford International LLC, Docket No. 19STCV11523 (Cal. Super. Ct. Apr 03, 2019), Court Docket
© 2019 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service // PAGE 18
Notes
No Notepad Content Found
Chadwick McQueen v. Tom Ford International LLC, Docket No. 19STCV11523 (Cal. Super. Ct. Apr 03, 2019), Court Docket
© 2019 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service // PAGE 19
