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Farmgirl Flowers v. Bloom That - Floral Arrangements PDF
Farmgirl Flowers v. Bloom That - Floral Arrangements PDF
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11 FARMGIRL FLOWERS, INC., a Delaware
Corporation,
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Plaintiff,
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v.
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BLOOM THAT, INC., a Delaware
15 Corporation; and DOES 1-10, inclusive,
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Defendant(s).
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Plaintiff Farmgirl Flowers, Inc. (Farmgirl Flowers or Plaintiff), by and through its
22 attorneys, brings this Complaint against Bloom That, Inc., (Bloom That or Defendant) and
23 Does 1-10, for injunctive relief and damages. Farmgirl Flowers alleges as follows:
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This action arises out of Defendants flagrant and willful infringement of Farmgirl
26 Flowers trade dress rights in the unique and brand-identifying burlap coffee sack flower wrapping
27 (the Coffee Sack Burlap Wrap) that Farmgirl Flowers uses to distinguish its flower arrangements
28 from those of its competitors. Seeking to capitalize on Farmgirl Flowers business success,
Complaint of Farmgirl Flowers, Inc.
1 extraordinary goodwill in the marketplace, and exemplary reputation for quality in the flower
2 sales/delivery business, Bloom That has blatantly copied Farmgirl Flowers Coffee Sack Burlap
3 Wrap on Bloom Thats flower arrangements, which are of an inferior quality compared to Farmgirl
4 Flowers arrangements. Bloom That did so for the express purpose of confusing consumers into
5 believing that its flower arrangements were the product of, and/or associated with, Farmgirl
6 Flowers, and in doing so has caused substantial confusion in the marketplace and among Farmgirl
7 Flowers customers, several of whom have begun to mistakenly associate Bloom Thats products
8 as coming from Farmgirl Flowers. This confusion has degraded and eroded Farmgirl Flowers
9 exemplary reputation for service and quality among its customers and in the marketplace.
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2.
The use of a coffee sack style burlap wrapping for the presentation of flowers is an
11 idea that Farmgirl Flowers founder and CEO, Christina Stembel, came up with in 2010, and
12 Farmgirl Flowers has been using this unique style of wrapping continuously in commerce since at
13 least November 2010. The Coffee Sack Burlap Wrap serves as a unique and distinctive brand14 identifying symbol for Farmgirl Flowers, and its customers, and the marketplace in general, have
15 come to associate this look with its high-quality, locally-sourced flower arrangements. The Coffee
16 Sack Burlap Wrap distinguishes Farmgirl Flowers from other flower brands, most of which are
17 wrapped in traditional cellophane or kraft paper, and also serves to promote, in the mind of
18 consumers, Farmgirl Flowers brand image of being associated with local farming.
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3.
In September 2013, and in acknowledgement of the fact that the Coffee Sack Burlap
20 Wrap was being closely associated with its products in the minds of consumers and the
21 marketplace, Farmgirl Flowers filed to protect its trade dress right in the Coffee Sack Burlap Wrap
22 by registering the design with the United States Patent and Trademark Office. The USPTO
23 approved Farmgirl Flowers registration for publication on October 21, 2014, and its trade dress
24 was published for opposition in the USPTOs Official Gazette on November 25, 2014.
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4.
On information and belief, sometime after consumers and the marketplace had come
26 to associate the Coffee Sack Burlap Wrap with Farmgirl Flowers products, Bloom That opened up
27 in San Francisco and began selling and distributing lower quality flower arrangements that were
28 wrapped in a coffee sack burlap wrap that is suspiciously and remarkably similar to Farmgirl
Complaint of Farmgirl Flowers, Inc.
1 Flowers unique, original and brand-identifying design, and did so in Farmgirl Flowers primary
2 geographic territory, the City of San Francisco.
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5.
Bloom Thats copycat tactics have caused, and continue to cause, substantial harm
4 to Farmgirl Flowers business and reputation in that consumers have mistakenly believed that
5 flower arrangements created by Bloom That actually originate from Farmgirl Flowers. Indeed,
6 Farmgirl Flowers has received numerous complaints about lower quality flowers from unhappy
7 customers of Bloom That who mistakenly believe that their deliveries came from Farmgirl Flowers.
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The irreparable harm caused by Bloom Thats willful and manifest infringement to
9 Farmgirl Flowers reputation and significant goodwill is massive, and, unless enjoined by the Court,
10 will continue unabated. Farmgirl Flowers brings this action to halt that harm and protect its
11 exclusive rights under applicable federal and state legal protections for its trade dress, and to
12 recover from Bloom That the substantial monetary harm that its illegal and unlawful behavior has
13 caused to Farmgirl Flowers.
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15
THE PARTIES
7.
Farmgirl Flowers is a Delaware Corporation and has its principal place of business
16 in San Francisco, California. Farmgirl Flowers is, and was, at all relevant times referenced in this
17 Complaint, fully qualified to do business in the State of California.
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8.
Bloom That is a Delaware corporation and has its principal place of business in San
19 Francisco, California.
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9.
Does 1-10 are individual officers, director and employees of Bloom That who
21 personally directed, controlled, ratified, or otherwise participated in Bloom Thats infringing and
22 unlawful activity, but whose identities are presently unknown. Farmgirl Flowers intends to name
23 these officers, directors and employees of Bloom That as defendants in this action after it ascertains
24 their identities through depositions and discovery.
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The Court has subject matter jurisdiction over the Lanham Act causes of action
27 pleaded herein pursuant to 28 U.S.C. 1331 (federal question) and 15 U.S.C. 1051, et seq.
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Complaint of Farmgirl Flowers, Inc.
1 The Court has supplemental jurisdiction over the state law causes of action pleaded herein pursuant
2 to 28 U.S.C. 1367.
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Venue is proper in this District because Bloom That resides in the District and is
INTRADISTRICT ASSIGNMENT
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During the year 2010, Christina Stembel, founder and CEO of Farmgirl Flowers,
12 developed a novel idea that was substantially different from the existing business model for flower
13 sales and delivery that was then (and remains) the industry norm. Instead of offering a large
14 selection of different types of flower arrangements, at numerous different price points, with
15 arrangements consisting mostly of flowers imported from South America, Farmgirl Flowers would
16 support local Bay Area farmers by selling their products locally, and would prepare only one type
17 of bouquet per day using locally grown, seasonal flowers.
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19 environmentally conscious business, and this led Farmgirl Flowers to introduce other innovations
20 to the traditional flower sale and delivery model, including, where practicable, the utilization of
21 bicycle couriers, instead of trucks or vans, to deliver flowers, and other measures designed to
22 reduce the social and environmental impact of the traditional flower sale and delivery model.
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Consistent with its business mission of selling natural, locally farmed flowers, and
24 its desire to build a brand image in the mind of consumers that would cause the marketplace to
25 associate its products with farms and farming in general, Farmgirl Flowers developed a unique
26 product packaging for its flower arrangements. Eschewing the traditional cellophane or kraft paper
27 wrapping customarily used for flower deliveries, Farmgirl Flowers began dressing its flowers with
28 a unique wrapping made out of recycled used coffee burlap sacks (referred to herein as the Coffee
Complaint of Farmgirl Flowers, Inc.
1 Sack Burlap Wrap). On information and belief, at the time Farmgirl Flowers began using this
2 type of wrapping, no other flower seller or distributor was using a similar form of packaging, and
3 no other flower seller or distributor was using this form of packaging within Farmgirl Flowers
4 primary geographic market, the San Francisco Bay Area.
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16.
Farmgirl Flowers business concept was a hit, and its and revenues grew rapidly
6 during the years 2011-14. During this time it developed a loyal and expanding customer base, and
7 many of these customers, as well as many persons and businesses involved in the flower sales
8 industry, began to associate Farmgirl Flowers with its distinctive Coffee Sack Burlap Wrap. The
9 Coffee Sack Burlap Wrap became a valuable, brand-identifying symbol for Farmgirl Flowers, and
10 thus an extremely valuable business asset of the company.
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During this time, Farmgirl Flowers innovative business model also attracted a large
12 social media following, including over 30,000 Instagram followers, and over 19,000 likes on
13 Facebook. Farmgirl Flowers also achieved a remarkable five-star rating on the website yelp.com,
14 based on over 400 customer reviews, several of whom commented on Farmgirl Flowers unique
15 Coffee Sack Burlap Wrap trade dress.
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The success of Farmgirl Flowers, and its signature Coffee Sack Burlap Wrap,
17 quickly attracted the attention of news media both within and outside the flower industry, who
18 began writing about the company and its signature burlap packaging.
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20 unsolicited national media coverage that prominently features images of its Coffee Sack Burlap
21 Wrap trade dress and often comments on the trade dress. Farmgirl Flowers Coffee Sack Burlap
22 Wrap trade dress has been featured in articles that appeared in national newspapers and magazines
23 throughout the United States, including: Martha Stewart Living; the San Francisco Chronicle and
24 online versions of the newspaper at www.sfchronicle.com and www.sfgate.com; BizBash magazine
25 and its website; and the San Francisco Business Journal and its associated website.
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Farmgirl Flowers and its Coffee Sack Burlap Wrap trade dress has also been the
27 focus of much online media attention. For example, a July 8, 2011, article on the blog The Triple
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Complaint of Farmgirl Flowers, Inc.
1 Pundit described Farmgirl Flowers business innovations, and noted its use of burlap wrapping for
2 its flower arrangements.
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A May 8, 2012, article on the blog Hong Kong Housewife raved about Farmgirl
4 Flowers unique burlap wrapping, use of local flowers, and environmentally friendly bicycle
5 delivery service.
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A May 28, 2013, article on the blog Kaight noted of Farmgirl Flowers that they
7 wrap their arrangements in re-used burlap . . . amazing right? and contained a large photo of a
8 Farmgirl Flowers arrangement prominently featuring its burlap wrapping.
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A July 10, 2013, article on the blog Such is Life discussed Farmgirl Flowers, praised
10 the burlap wrapping, and contained numerous photographs of bouquets of flowers wrapped in the
11 Coffee Sack Burlap Wrap.
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13 Magazine noted Farmgirl Flowers environmentally friendly and socially conscious business model,
14 and also noted that its flowers were delivered in trademarked burlap wraps.
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16 Flowers that:
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21 From crafting beautiful anemones into bouquets to packing up their signature burlap to go out on
22 bike, courier - - its a busy day. But a beautiful one at that. (emphasis added.)
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A March 14, 2014, article on the blog Spotted SF discussed Farmgirl Flowers
24 innovative business model and noted that its flowers were delivered bundled in her signature
25 burlap wrap. To emphasize the point regarding the association between Farmgirl Flowers and
26 burlap sack coffee wrapping, the article featured a photograph of large stacks of burlap coffee
27 sacks and also several beautiful photographs of locally sourced flower arrangements.
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Complaint of Farmgirl Flowers, Inc.
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An April 20, 2014, article on the blog Rollerskating With Scissors praised
2 Christinas uncanny natural talent for floral arrangement and noted that Farmgirl flowers are
3 gorgeous and start at only $25 per bundle, all wrapped in recycled coffee burlap.
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These articles represent just a small sample of the dozens of articles that appeared in
5 the news media between the years 2011 and 2014, praising Farmgirl Flowers unique,
6 environmentally-friendly, and socially conscious business model, and making specific mention of
7 its signature Coffee Sack Burlap Wrap trade dress. This press coverage, along with the substantial
8 effort, time, and resources, that Farmgirl Flowers expended on promoting and advertising its
9 products and its unique Coffee Sack Burlap Wrap brand-identifying symbol, created substantial
10 business goodwill for Farmgirl Flowers, and Farmgirl Flowers goodwill and reputation for quality
11 became and remains associated with its distinctive Coffee Sack Burlap Wrap trade dress, which
12 consumers and the marketplace in general continue to associate with the Farmgirl Flowers.
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Farmgirl Flowers is currently finalizing the registration process for its trade dress
15 respecting the Coffee Sack Burlap Wrap before the USPTO and currently owns common law rights
16 in the design and trade dress for the use of that design and packaging. The USPTO has assigned
17 Farmgirl Flowers trade dress application serial number 86/060,972. Farmgirl Flowers
18 registration describes its trade dress as follows: the Mark consists of three-dimensional product
19 packaging composed of a burlap material for packaging the goods. The drawing is lined to indicate
20 burlap, which is a feature of the mark. The broken lines indicate position and placement of the
21 mark and are not part of the mark. See Exhibit A.
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31.
The Coffee Sack Burlap Wrap constitutes an inherently distinctive and non-
23 functional packaging for Farmgirl Flowers arrangements. The use of burlap serves no special
24 function, other than to identify the product as coming from Farmgirl Flowers, and aiding with the
25 development of Farmgirl Flowers goodwill and brand recognition. Specifically, the Coffee Sack
26 Burlap Wrap does not serve to protect the flowers, aid in providing water to the flowers, shield the
27 flowers from sun, heat, rain or cold, or serve any functional purpose other than as a brand identifier
28 for Farmgirl Fowers. This is evidenced by the fact that despite the use of the Coffee Sack Burlap
Complaint of Farmgirl Flowers, Inc.
1 Wrap, Farmgirl Flowers continues to use a paper wrapping underneath the Coffee Sack Burlap
2 Wrap for its flower arrangements.
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32.
Farmgirl Flowers use of the Coffee Sack Burlap Wrap as trade dress has been
4 substantially continuous and exclusive (excepting infringing conduct) since at least November
5 2010. Farmgirl Flowers has attained strong name recognition among consumers and the
6 marketplace in general with the Coffee Sack Burlap Wrap trade dress, which has come to be
7 associated with Farmgirl Flowers, and which identifies Farmgirl Flowers as the source of its
8 products. Farmgirl Flowers has spent significant sums marketing, advertising and promoting its
9 products in connection with the Coffee Sack Burlap Wrap trade dress, and considers its property
10 right in this trade dress to be a vitally important, valuable asset for the company. Typically,
11 Farmgirl Flowers spends approximately $20,000 per month on advertising expenses and features
12 the Coffee Sack Burlap Wrap prominently as a core feature of its advertising message.
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Farmgirl Flowers vigorously seeks to enforce trade dress and trademark rights
Seeking to capitalize on the success and reputation for quality that Farmgirl Flowers
17 had earned in the minds of consumers and the marketplace, and without having to re-create the
18 work and effort required to develop and build its own reputation or brand-identifying symbol,
19 sometime after Framgirl Flowers became associated with the Coffee Sack Burlap Wrap trade dress,
20 Bloom That began to unlawfully replicate the inherently distinctive trade dress of Farmgirl
21 Flowers Coffee Sack Burlap Wrap by using a nearly identical burlap coffee sack wrapping on its
22 own products. Bloom That did so primarily in the City and County of San Francisco, which serves
23 as Farmgirl Flowers primary geographic market. Bloom Thats coffee sack burlap wrapping is
24 nearly identical in appearance to the Coffee Sack Burlap Wrap trade dress of Farmgirl Flowers. It
25 is made from the same material, and is substantially identical in color, texture and size to Farmgirl
26 Flowers Coffee Sack Burlap Wrap trade dress
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35.
Consumers are highly likely, and, indeed, have on several occasions, been confused
1 arrangements, and have mistakenly believed that products sourced from Bloom That actually came
2 from Farmgirl Flowers.
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Upon information and belief, by using a coffee burlap sack wrapping that is nearly
4 identical to Farmgirl Flowers Coffee Sack Burlap Wrap, Bloom That has willfully and deliberately
5 sought to profit from Farmgirl Flowers good name and reputation - - a reputation that Farmgirl
6 Flowers spent substantial time and resources developing.
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37.
On information and belief, Bloom Thats copycat tactics continue unheeded to this
8 day, and its unlawful activities continue to create confusion in the minds of consumers and the
9 marketplace regarding the origin of its flowers.
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38.
11 Flowers, this misassociation in the minds of consumers and the marketplace is harming Farmgirl
12 Flowers business and reputation by diluting and eroding their exemplary reputation for quality.
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Bloom Thats Conduct Causes Immediate And Irreparable
Harm To Farmgirl Flowers
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39.
Bloom Thats unlawful activities have caused, and will continue to cause,
irreparable injuries by hurting the goodwill and reputation earned by Farmgirl Flowers. Bloom
That has been previously notified in writing that Farmgirl Flowers owns and asserts trade dress
rights in its Coffee Sack Burlap Wrap and that Bloom Thats continued infringement of Farmgirl
Flowers trade dress rights is unlawful. Nonetheless, Bloom That has willfully, wantonly, and
intentionally continued to infringe upon the trade dress rights of Farmgirl Flowers.
41.
Farmgirl Flowers trade dress rights, and remedy the ongoing consumer confusion created by
Bloom Thats unlawful behavior. An injunction is in the public interest as well as it is necessary to
protect consumers from the deception Bloom Thats infringing conduct is causing in the
marketplace.
Complaint of Farmgirl Flowers, Inc.
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FIRST CAUSE OF ACTION
(TRADE DRESS INFRINGEMENT
15 U.S.C. SECTIONS 1125 et. seq.)
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42.
Farmgirl Flowers owns federally protected trade dress rights respecting its Coffee
Sack Burlap Wrap for wrapping its flower arrangements. Farmgirl Flowers registration of its
trade dress rights with the USPTO has been assigned serial number 86/060,972. The USPTO
approved of Farmgirl Flowers trade dress for publication on October 21, 2014, and its was
published for opposition in the USPTOs Official Gazette on November 25, 2014.
44.
The protected trade dress of Farmgirl Flowers in its Coffee Sack Burlap Wrap is
Farmgirl Flowers has expended much effort and resources in the form of advertising,
promotion, marketing, and web-site design in the trade dress configuration of its Coffee Sack
Burlap Wrap. Typically, Farmgirl Flowers spends approximately $20,000 per month on
advertising expenses and features the Coffee Sack Burlap Wrap prominently as a core feature of its
advertising message.
46.
As a result of such extensive and exclusive use and promotion of the Coffee Sack
Burlap Wrap trade dress configuration, the configuration has, in addition to being inherently
distinctive, also developed secondary meaning as an indicator to consumers and the marketplace
that Farmgirl Flowers is the source of its goods.
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Flowers.
48.
Bloom That has knowingly and willfully infringed on Farmgirl Flowers trade dress
rights by offering for sale in interstate commerce goods that are likely to cause confusion, mistake
or deception as to the source, origin, sponsorship or approval of its products, in that consumers and
the marketplace have believed, and are likely to believe, that Bloom Thats products are actually
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Complaint of Farmgirl Flowers, Inc.
1 products of Farmgirl Flowers. Bloom That did so both before and after it was notified by Farmgirl
2 Flowers that its conduct was unlawful and infringing.
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49.
Bloom Thats unlawful conduct detailed herein also constitutes a false designation
4 of origin or false representation that wrongfully and falsely designates products as originally from
5 or connected with Farmgirl Flowers and constitutes the use of false descriptions or representations
6 in interstate commerce.
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50.
Upon information and belief, Bloom That has engaged in such conduct willfully,
8 deliberately and in conscious disregard of Farmgirl Flowers rights, making this an exceptional
9 case within the meaning of 15 U.S.C. Section 1117.
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By reason of the forgoing, Farmgirl Flowers has been injured in amount not yet
11 ascertained and is entitled to relief, including all of the relief provided for in 15 U.S.C. 1117 and
12 other provisions of the Lanham Act.
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52.
Bloom Thats conduct described herein has caused, and if not enjoined will continue
14 to cause, irreparable damage to Farmgirl Flowers rights in its trade dress and to the business,
15 reputation and goodwill of Farmgirl Flowers, which cannot be compensated solely by money
16 damages. Farmgirl Flowers therefore has no adequate remedy at law and seeks preliminary and
17 permanent injunctive relief to halt Bloom Thats unlawful infringement upon Farmgirl Flowers
18 trade dress rights.
SECOND CAUSE OF ACTION
(COMMON LAW TRADE DRESS INFRINGEMENT)
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The general consuming public in San Francisco and/or California widely recognizes
23 the Coffee Sack Burlap Wrap trade dress configuration on flowers and flower deliveries as
24 designating Farmgirl Flowers as the source of services or goods. Farmgirl Flowers has common
25 law trade dress rights in its Coffee Sack Burlap Wrap trade dress.
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55.
Bloom That has knowingly infringed upon Farmgirl Flowers trade dress rights by
27 offering for sale goods or services, in overlapping geographic markets also serviced by Farmgirl
28 Flowers, that are likely to cause confusion, mistake or deception as to the source of origin,
Complaint of Farmgirl Flowers, Inc.
1 sponsorship, or approval of its products, in that consumers and the marketplace are likely to believe
2 that Bloom Thats products are products of Farmgirl Flowers.
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Bloom Thats knowing and willful use has infringed Farmgirl Flowers trade dress
4 rights in commerce in violation of Farmgirl Flowers federal and state common law rights in its
5 trade dress.
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On information and belief, Bloom That has engaged in such conduct willfully,
58.
By reason of the forgoing, Farmgirl Flowers has been injured in an amount not yet
9 ascertained and is entitled to the remedies provided for it under the common law.
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59.
Bloom Thats conduct described herein has caused, and if not enjoined will continue
11 to cause, irreparable damage to Farmgirl Flowers rights in its trade dress and to the business,
12 reputation and goodwill of Farmgirl Flowers, which cannot be compensated solely by money
13 damages. Farmgirl Flowers therefore has no adequate remedy at law and seeks preliminary and
14 permanent injunctive relief.
THIRD CAUSE OF ACTION
(CAL. BUS. & PROF. CODE SECTION 17200 et. seq.)
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Bloom Thats acts, as alleged above, constitute unlawful and/or unfair business
17 above.
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19 practices in violation of California Unfair Competition Law (UCL), Cal. Bus. & Prof. Code
20 Section 17200 et. seq.
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Bloom Thats acts are unlawful and unfair because they have created, and are likely
22 to create, confusion with consumers and the marketplace as to the source of origin, sponsorship, or
23 approval of its products, in that purchasers, have believed, and are likely to believe, that Bloom
24 Thats products are products of Farmgirl Flowers.
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By reason of the forgoing, Farmgirl Flowers has been injured in an amount not yet
26 ascertained and is entitled to the remedies provided for it in Sections 17200 et. seq. of the Business
27 and Professions Code.
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Bloom Thats conduct described herein has caused, and if not enjoined will continue
1 to cause, irreparable damage to Farmgirl Flowers rights in its trade dress and to the business,
2 reputation and goodwill of Farmgirl Flowers, which cannot be compensated solely by money
3 damages. Farmgirl Flowers therefore has no adequate remedy at law and seeks preliminary and
4 permanent injunctive relief.
FOURTH CAUSE OF ACTION
(CAL BUS. & PROF. CODE SECTIONS 14200 et. seq.)
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7 above.
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9 commerce in California has caused, and will likely cause, confusion or mistake and to deceive the
10 public into believing that Defendants products originate from, are affiliated with, or sponsored by,
11 Farmgirl Flowers, in violation of California Business and Professions Code Sections 14200 et. seq.
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67.
Bloom Thats unlawful conduct was undertaken with the intent to misappropriate
13 Farmgirl Flowers goodwill in violation of the California Business and Professions Code.
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68.
Bloom That has been previously notified in writing that Farmgirl Flowers owns and
15 asserts trade dress rights in its Coffee Sack Burlap Wrap and that Bloom Thats continued
16 infringement of Farmgirl Flowers trade dress rights is unlawful. Nonetheless, Bloom That has
17 willfully, wantonly, and intentionally continued to infringe upon the trade dress rights of Farmgirl
18 Flowers.
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69.
Bloom Thats infringing conduct has caused, and likely will continue to cause, both
20 irreparable harm and monetary damages to Farmgirl Flowers. The amount of monetary damages to
21 Farmgirl Flowers cannot be ascertained at this time, but it is substantial, continuing, and ongoing.
22 Unless this Court restrains Bloom That from further wrongful infringing conduct, Farmgirl Flowers
23 will continue to suffer irreparable harm, for which it has no adequate remedy at law.
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Wherefore, Farmgirl Flowers prays for judgment against Bloom That and for the following
26 relief:
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A.
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investors, privies, successors and assigns, and all persons in active concert or participation
For an order requiring Bloom That, and each of its officers, directors, employees,
with them who receive actual notice or knowledge of this injunction by personal service or
1. From further unlawfully infringing upon Farmgirl Flowers trade dress rights in its
Coffee Sack Burlap Wrap, and from using any burlap sack material, or anything
2. From further trading upon and misappropriating the goodwill and reputation of
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For an order requiring Defendant to file with the Court and serve on Farmgirl
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Flowers within 30 days of the granting of any injunction a report in writing and under oath
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setting forth in detail the manner and form in which Defendant has complied with any
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C.
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Flowers trade dress rights in violation of federal and state trademark law, and that Bloom
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That has violated California Business and Professions Code Sections 14330 et. seq., and
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of Farmgirl Flowers for all monies that Bloom That has made through the unlawful and
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infringing conduct alleged in this Complaint, and an order that the amount be trebled in
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F.
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that its use of burlap wrapping for its flower sales and deliveries was unlawful,
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unauthorized and in violation the trade dress rights Farmgirl Flowers; and also, requiring
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Bloom That to provide direct notice, via email or otherwise where available, to any of its
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customers who purchased or received any of Bloom Thats products wrapped in burlap sack
For a judgment that Bloom Thats conduct has unlawfully infringed Farmgirl
For an order of restitution and/or disgorgement against Bloom That running in favor
For an order requiring Bloom That to provide notice by publication on its website
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Complaint of Farmgirl Flowers, Inc.
material, that the use of such material by Bloom That was unlawful and infringed upon the
G.
and the willful disregard for the rights of Farmgirl Flowers, Bloom That be required to pay
trial;
H.
I.
For an order that, because of the willful and deliberate nature of Bloom Thats acts,
For an order that Bloom That be required to pay over to Farmgirl Flowers its
For all legally available pre-judgment and post-judgment interest on any award
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J.
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For such other and further relief as the Court may deem proper.
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Plaintiff FARMGIRL FLOWERS, INC. hereby requests a jury trial in this action.
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Complaint of Farmgirl Flowers, Inc.