Bliss Collection v. Latham Companies (Little English) - Complaint

Case: 5:20-cv-00217-CHB Doc #: 1 Filed: 05/22/20 Page: 1 of 49 - Page ID#: 1
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF KENTUCKY
)
Bliss Collection, LLC, )
d/b/a bella bliss )
Plaintiff, )
)
v. ) CIVIL ACTION NO. ________
) JUDGE:
)
Latham Companies, LLC, )
d/b/a Little English )
)
Defendant. )
)
COMPLAINT AND JURY DEMAND
I. PRELIMINARY STATEMENT
This is an action by plaintiff Bliss Collection, LLC, doing business as
(“d/b/a”), bella bliss (hereinafter “bella bliss”), by and through counsel, for claims
against defendant Latham Companies, LLC d/b/a Little English (hereinafter “Little
English”), seeking injunctive relief and damages from Little English for its willful
copyright infringement under 17 U.S.C. § 410, willful trademark infringement under
15 U.S.C. § 1125(a) and the common law of the Commonwealth of Kentucky, unfair
competition pursuant to 15 U.S.C. § 1125(a) and the common law of the
Commonwealth of Kentucky, and deceptive trade practices under the Consumer
Protection Act under Kentucky Revised Statute § 367.010 et seq. Bella bliss hereby
states as follows:
II. PARTIES, VENUE AND JURISDICTION
1. Bliss Collection, LLC is a Kentucky Limited Liability Company doing
business as “bella bliss,” with an address of 800 Winchester Road, Lexington,
Kentucky 40505.
2. Upon information and belief, Latham Companies, LLC is a Kentucky
Limited Liability Company doing business as Little English, with an address of 116
Venture Court #5, Lexington, Kentucky 40511.
3. This Court has original jurisdiction over the unfair competition claims
in this matter pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1338(a), as the claims
arise under the trademark laws of the United States including, but not limited to,
Lanham Act, 15 U.S.C. §§ 1051-1141, specifically 15 U.S.C. § 1125(a), and
jurisdiction is proper in accordance with 15 U.S.C. § 1121 and 28 U.S.C. §§ 1338(a)
and (b).
4. Additionally, this Court has pendant, ancillary and/or supplemental
jurisdiction over the state law claims asserted in this litigation pursuant to 28 U.S.C.
§ 1367, as these claims are so related to the federal claims within the Court’s original
jurisdiction that such state law claims form part of the same case or controversy,
under Article III of the United States Constitution.
5. This Court has personal jurisdiction over Little English under Fed. R.
Civ. P. 4 and under Ky. Rev. Stat. Ann. § 454.210 because, upon information and
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belief, Little English’s principal place of business is located within the
Commonwealth of Kentucky in Lexington, KY and at least some of the harm has
occurred here in the Commonwealth of Kentucky. Furthermore, Little English
transacts business in the Commonwealth of Kentucky, has committed the acts
alleged in this Complaint in Kentucky and has regularly solicited business or derived
substantial revenue from the infringing goods promoted, advertised, sold, used,
and/or consumed in the Commonwealth of Kentucky. Specifically, upon information
and belief, Little English has sold and is selling goods that infringe bella bliss’s
intellectual property in the Commonwealth of Kentucky and has thus purposefully
availed itself of the privilege of doing business in the Commonwealth of Kentucky.
6. Venue is proper pursuant to 28 U.S.C. § 1391, for at least the reason
that Little English is subject to this Court’s personal jurisdiction for the reasons
stated in paragraph 6.
III. FACTUAL BACKGROUND
a) Bella bliss and its bella bliss Intellectual Property
7. Bella bliss is a high-end infant, children, and women’s boutique
originally founded in 1999.
8. Bella bliss creates signature, heirloom-quality pieces for a very
discerning clientele, with unique hand-made details such as embroidery, knit, and
crochet details not found in other boutiques and retailers.
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9. Bella bliss’s clothing features signature looks such that consumers can
readily identify bella bliss as the source.
10. Bella bliss was initially formed in 1999 by Ms. Elizabeth (Lisa)
McLean, Ms. Shannon Latham, and Ms. Jennifer Vernooy.
11. Bella bliss was established with a mission of empowering women in
poverty in South America by providing them with jobs and teaching them trade
skills.
12. Bella bliss began as a small, three-person sweater company run out of
Ms. Latham’s basement, with Ms. McLean designing the majority of the appliques
and Ms. Vernooy finding women in Peru to hand-craft the appliques and
manufacture the goods to completion.
13. Ms. McLean of bella bliss personally sketches, designs, and
coordinates the inspiration behind almost every design and collection, including the
appliques, patterns, and prints, and selecting the pantone color choices, in some cases
a year to eighteen months in advance.
14. Bella bliss creates items, mainly children’s clothing, swimwear,
blankets, and other items, perfecting each design pattern to allow for perfect fit and
functionality, which is particularly important in children’s clothing, as children are
not able to articulate when clothing is ill-fitting or uncomfortable, and families
purchasing high quality garments except high quality fit, performance, and
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functionality.
15. Bella bliss has created a stellar reputation for its clothing, swimwear,
blankets, and other items, and prides itself on limited returns of product and glowing
customer reviews.
16. Creating this perfect fit in a design pattern takes extensive resources,
research and development, consumer feedback, and market studies.
17. Bella bliss has grown into the sophisticated, refined line of children’s
items that it is today through hard work and dedication.
18. Bella bliss utilizes unique retro-inspired prints and handmade knits,
creating one-of-a-kind heirloom pieces with very distinctive designs attributed to
bella bliss and readily identifiable by consumers.
19. Bella bliss creates unique designs and custom prints frequently
reworked to avoid replication in the market.
20. Since introducing its bella bliss brand to the market in 1999, bella bliss
has invested substantial time, effort, and money in advertising and promoting its
children’s clothing under the bella bliss brand throughout the United States.
21. Bella bliss enjoys countless positive reviews and glowing consumer
feedback on its clothing items.
22. Bella bliss allocates extensive resources to marketing and
advertisement, sending out a substantial number of catalogs of its designs each
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season and adapting from a mainly wholesale company to a mainly retail company
to reach its consumers. The bella bliss catalogs are in their tenth year of production
and distribution, with an immense investment made to shoot in upscale, unique
locations and provide creative content.
23. In the current economy, bella bliss’s direct-to-consumer model requires
serious capital and continual reinvestment, but this strategy positions bella bliss in a
different category. This strategy creates more unique customers for bella bliss that
it may not otherwise procure, and therefore can be more lucrative. However, a
consumer’s impression of the bella bliss brand is vital to the success of the company,
and cultivating a good impression and a strong association to its bella bliss brand is
critical to this type of structure, which thrives off of customer recommendations and
positive reviews.
24. Bella bliss has established extensive goodwill in its bella bliss brand
among consumers and in the industry. Bella bliss items have been featured in many
high-end magazines and have been the subject of many articles, including in People
Magazine, Vogue, Martha Stewart Weddings, Southern Living, Oprah’s Favorite
Things, and Town & Country.
25. Bella bliss utilizes a distinctive logo in its signature light blue coloring,
shown below. Namely, the logo features a lowercase block “b” created from
stitching, a nod to bella bliss’s signature and unusual use of hand-knit and hand-
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crochet fabrics, with a script “b” on top of the block letter and “bella bliss” in
lowercase underneath the “b.”
26. To protect its rights to the bella bliss brand, bella bliss has obtained
numerous active federal trademark registrations on the Principal Register of the
United States Patent and Trademark Office. A complete listing of bella bliss’s
trademark registrations and pending applications is attached hereto as Exhibit A.
27. Bella bliss duly registered bella bliss as a trademark for children’s
clothing, namely, sweaters, shirts, pants, dresses, hats, pajamas, rompers and
sleepers; children’s blankets and blanket throws; pillows with the United States
Patent and Trademark Office under U.S. Reg. No. 3,813,454, which registered on
July 6, 2010, being first used in interstate commerce at least as early as December
31, 2001.
28. Bella bliss duly registered PRECIOUS PURE BLISS as a trademark for
children’s clothing, namely, sweaters, dresses, hats, pajamas, rainwear, rompers
and infant sleepers; bed blankets; duffel bags; tote bags with the United States
Patent and Trademark Office under U.S. Reg. No. 5,435,914, which registered on
April 3, 2018, being first used in interstate commerce at least as early as July 31,
2006.
29. Bella bliss duly registered B & Design as a trademark for children’s
clothing, namely, sweaters, dresses, hats, pajamas, rompers and infant sleepers with
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the United States Patent and Trademark Office under U.S. Reg. No. 3,321,192,
which registered on October 23, 2007, being first used in interstate commerce at
least as early as July 31, 2006.
30. Bella bliss duly registered B & Design as a trademark for bed blankets
with the United States Patent and Trademark Office under U.S. Reg. No. 3,327,352,
which registered on October 30, 2007, being first used in interstate commerce at
least as early as July 31, 2006.
31. Bella bliss duly registered B & Design as a trademark for duffel bags,
and tote bags with the United States Patent and Trademark Office under U.S. Reg.
No. 3,469,536, which registered on October 23, 2007, being first used in interstate
commerce at least as early as July 31, 2006.
32. Bella bliss duly registered B & Design (light blue color claimed) as a
trademark for Baby backpacks; Bags for carrying babies'; Baby bedding, namely,
bundle bags, swaddling blankets, crib bumpers, fitted crib sheets, crib skirts, crib
blankets, and diaper changing pad covers not of paper; Baby blankets; Baby
bodysuits; Baby bottoms; Baby tops; Coats for babies, children, and infants;
Dresses for babies, children, and infants; Hats for infants, babies, toddlers and
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children; Headwear for babies, children, and infants; Jackets for babies, children,
and infants; Pajamas for babies, children, and infants; Pants for babies, children,
and infants; Shirts for infants, babies, toddlers and children; Shoes for babies,
children, and infants; Sweaters for babies, children, and infants; Sweatpants for
babies, children, and infants; Sweatshirts for babies, children, and infants; T-shirts
for babies, children, and infants with the United States Patent and Trademark Office
as U.S. Serial Number 88900724, used in commerce since at least December 31,
2001, with established acquired distinctiveness in the marketplace.
33. Bella bliss duly registered BABY BLISS as a trademark for Baby
bedding, namely, bundle bags, swaddling blankets, crib bumpers, fitted crib sheets,
crib skirts, crib blankets, and diaper changing pad covers not of paper; Baby
blankets; Baby bodysuits; Baby bottoms; Baby tops; Coats for babies, children, and
infants; Dresses for babies, children, and infants; Hats for infants, babies, toddlers
and children; Headwear for babies, children, and infants; Jackets for babies,
children, and infants; Pajamas for babies, children, and infants; Pants for babies,
children, and infants; Shirts for infants, babies, toddlers and children; Shoes for
babies, children, and infants; Sweaters for babies, children, and infants; Sweatpants
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for babies, children, and infants; Sweatshirts for babies, children, and infants; T-
shirts for babies, children, and infants with the United States Patent and Trademark
Office as U.S. Serial Number 88900725, used in commerce since at least April 1,
2020.
34. Bella bliss utilizes its signature light blue trade dress in its logo,
throughout its website, its social media, on clothing tags, and in its packaging. Id.
See also bella bliss’s website page, attached hereto as Exhibit B and bella bliss’s
social media pages, attached hereto as Exhibit C.
35. U.S. Registration Nos. 3,813,454, 5,435,914, 3,321,192, 3,327,352, and
3,469,536 are prima facie evidence of the validity of and bella bliss’s exclusive right
to use the mark bella bliss, alone and in combination with other words and/or
designs, and are constructive notice of bella bliss’s ownership thereof, all as
provided by §§ 7(b) and 22 of the Federal Trademark Act, 15 U.S.C. §§ 1057(b) and
1072. Additionally, the right to use the marks BELLA BLISS, PRECIOUS PURE
BLISS, and B & Design, alone and in combination with other words and/or designs,
has become incontestable and are conclusive evidence of bella bliss’s exclusive right
to use the marks shown therein in commerce as provided by §§ 15 and 33(b) of the
Federal Trademark Act, 15 U.S.C. §§ 1065 and 1115(b). True and correct copies of
Registration Nos. 3,813,454, 5,435,914, 3,321,192, 3,327,352, and 3,469,536 are
attached hereto and incorporated by reference as though fully set forth at length. See
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Ex. A. All registered and common law rights in these trademarks are herein referred
to collectively as the “bella bliss Marks.”
36. The bella bliss Marks have also become famous and widely known and
recognized as symbols of unique and high quality garments throughout the state of
Kentucky and the whole United States.
37. Bella bliss utilizes a signature light blue color, Pantone color 13-4220,
Artic Paradise (alternative Pantone colors listed as 291 CP, 112-3 C, 442-U, and
115-4 U). Light blue is utilized in its logo, website, social media, packaging, and
catalogs, and has been used in interstate commerce since at least 2001, establishing
acquired distinctiveness in the marketplace.
38. The bella bliss Marks, and the goodwill associated thereto, are
invaluable assets of substantial and inestimable worth to bella bliss.
39. Bella bliss’s unique designs feature individual concepts and images,
including appliques hand-drawn by Ms. McLean and prints and fabrics
conceptualized by Ms. McLean.
40. Bella bliss duly filed numerous copyright registrations for its
proprietary designs. True and correct copies of the Certificates of Registration are
attached hereto as Exhibit D.
41. Bella bliss duly filed Copyright Registration No. VA0001324226 for
“Bella Bliss, by Bliss Collection, specialty sweaters and classic clothing for children,
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fall 2004 ; Bella Bliss, by Bliss Collection, specialty sweaters and classic clothing
for children, spring 2004,” registered with the U.S. Copyright Office in 2003.
“Bliss Collection 2003,” registered with the U.S. Copyright Office in 2002.
“Bliss collection I (fabric design), 2001,” registered with the U.S. Copyright Office
in 2000.
“Bliss Collection I (fall fabric design) 2002,” registered with the U.S. Copyright
Office in 2001.
45. Bella bliss duly filed Copyright Registration No. VAu000666704 for
“Bliss Collection I (pictorial) 2002,” registered with the U.S. Copyright Office in
2005.
2005.
2005.
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“Bliss Collection I (spring fabric design) 2002,” registered with the U.S. Copyright
Office in 2001.
“Monkey Design,” registered with the U.S. Copyright Office in 2020.
“Butterfly Design,” registered with the U.S. Copyright Office in 2020.
“Frog Design,” registered with the U.S. Copyright Office in 2020.
“Snail Design,” registered with the U.S. Copyright Office in 2020.
“Submarine Design,” registered with the U.S. Copyright Office in 2020.
“Paddock Horse Design,” registered with the U.S. Copyright Office in 2020.
55. Bella bliss’s U.S. Copyright Registrations are prima facie evidence of
the validity of ownership and bella bliss’s exclusive right to use, make, reproduce,
distribute, and copy (among other rights) the proprietary designs, alone or in
derivative works. Additionally, these registrations serve as constructive notice of
bella bliss’s ownership thereof. See Ex. D.
56. In addition to the bella bliss Marks and the copyrights discussed herein,
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bella bliss also possesses certain trade dress rights from its distinctive use of light
blue, which has acquired distinctiveness with consumers. Consumers recognize
bella bliss’s signature light blue trade dress, which is used in its logo, throughout its
website, its social media, on clothing tags, and in its packaging, and has been used
continuously in interstate commerce since at least 2001. See, e.g., Ex. B and Ex. C.
57. Likewise, in addition to its signature use of the color light blue, bella
bliss also enjoys trade dress rights from its distinctive use of crochet elements,
appliques, and hand-embroidered works, including use of crochet belts and other
items rarely seen in the industry. Consumers recognize bella bliss’s signature styles
and unique details, such as knit and crochet elements and hand-embroidered works,
which have acquired distinctiveness in the industry from use in interstate commerce
at least as early as 2001.
b. Little English’s Misappropriation of the bella bliss Intellectual Property
58. Ms. Latham was one of the original owners of bella bliss until her
unsavory business practices, lack of contributions, and differences of opinion with
Ms. McLean and Ms. Vernooy caused Ms. Vernooy to leave the company. Ms.
Kelley Farish was brought in to fill the role previously held by Ms. Vernooy.
59. When her bad behavior and lack of commitment or response to
expectations continued, Ms. Latham was asked to leave the company, and Ms.
McLean and Ms. Farish bought Ms. Latham’s shares in bella bliss.
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60. Ms. Latham sold her shares in the company in December 2003 for fair
and just consideration of two hundred and fifty times her original investment.
61. Upon information and belief, on or around September 2004, Ms.
Latham created a new, competitive children’s clothing line under the name Latham
Companies, d/b/a Little English.
62. Ms. Latham introduced her new company and new clothing line in a
showroom in Atlanta known for featuring bella bliss items. To alleviate the potential
for any consumer confusion arising, bella bliss chose to distance itself from Little
English by moving showrooms despite a great increase in cost, and eventually
opening its own showroom, again creating a substantial financial burden in an effort
to prevent confusion from arising in the marketplace.
63. Initially, Little English had its own unique logo and designs and
produced competitive children’s clothing, blankets, bags and totes, and other similar
competitive items, but using its own designs and logos.
64. Upon information and belief, Little English’s logo originally appeared
as depicted below (image taken from the 2005 WayBackMachine website, attached
hereto as Exhibit E).
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65. However, Little English did not enjoy the success that bella bliss had
built with its unique designs and signature pieces. Little English was not succeeding
as a brand, while bella bliss flourished.
66. Over time, upon information and belief, Little English began changing
its logo and designs to mirror bella bliss in an attempt to increase its sales and profit
off the goodwill in the marketplace established by bella bliss.
67. Little English updated its logo, appearing as depicted below, featuring
a light blue color very similar to the bella bliss marks and using lower case letters,
with the L and e combined to almost resemble a “b,” reminiscent of the bella bliss
marks.
bella bliss’s Signature Logo Little English’s Misappropriation
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68. Upon information and belief, Little English adopted the following logo
in bella bliss’s signature light blue trade dress, also in lowercase font, confusingly
similar to bella bliss’s intellectual property. See Little English’s Website, attached
hereto as Exhibit F.
bella bliss’s Signature Logo Little English’s Misappropriation
69. Little English began a repeated pattern of bad faith misappropriation of
bella bliss’s signature clothing designs, often a year or a season after bella bliss
launched a new design or print in its clothing line.
70. Little English hired bella bliss’s manufacturer and clothing supplier in
Colombia, Mis Bordados Ltda, to produce nearly identical goods. (See admittance
of use of Mis Bordados Ltda in KY Complaint to Civil Action 20-CI-00808, attached
hereto as Exhibit G).
71. Upon information and belief, Little English had access to bella bliss’s
designs through its partnership with Mis Bordados.
72. Moreover, there is clearly a striking similarity (if not a virtually
identical copy) between bella bliss’s works and Little English’s garments, as
evidenced below. This is a mere sampling of numerous instances and entire
collections of bella bliss proprietary designs that have been misappropriated.
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bella bliss’s Signature Swim Trunks Little English’s Misappropriation

Launched Spring 2017 launched, upon information and belief,
Spring 2018
73. Pictured on the left in the chart above is bella bliss’s signature swim
trunks, launched in the Spring of 2017 featuring a pink gingham waistband, light
blue gingham right short leg, and light green gingham left short leg. Pictured on the
right is Little English’s misappropriation, a nearly identical replica of bella bliss’s
signature swimsuit, featuring identical shades of colors, identical patterns, with
identical placement, one season after bella bliss. If the captions were removed, it
would be nearly impossible to distinguish the designs. It is highly unlikely that Little
English would choose the exact shades of color in the exact placement as bella bliss
without intentional copying.
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bella bliss’s Signature Bubble Little English’s Misappropriation

Launched Fall 2011 launched, upon information and belief,
Fall 2015
74. Pictured on the left in the chart above is bella bliss’s signature Shep
bubble romper (named after Ms. McLean’s son), launched in the fall of 2011
featuring an emphasized “Peter Pan” collar trimmed in white piping, with two white
buttons and white stitching with a loose overall fit. Pictured on the right is Little
English’s misappropriation, a nearly identical replica of bella bliss’s signature
bubble, featuring an emphasized “Peter Pan” collar trimmed in white piping, with
two white buttons and white stitching with a loose overall fit. Again, if the captions
were removed, it would be nearly impossible to distinguish the designs. It is highly
unlikely that Little English would make these unique stylistic choices in the exact
same combination and placement without directly copying bella bliss’s design.
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bella bliss’s copyrighted hand-drawn snail

design; bella bliss’s signature Snail design Little English’s Misappropriation
drawn in 2003, Launched Fall 2004
75. Pictured on the left in the chart above is bella bliss’s hand-drawn
copyrighted snail design (Copyright Registration No. VA0002200999, see Ex. D),
drawn in 2003 and subsequent snail sweater, launched in fall 2004. The snail design
features a snail with a disproportionally large shell, with a green body and large blue
and pink shells in in a nearly perfect circle, with two small antennae fanning out of
the top of the snails head and a smiling face with two round white eyes. Pictured on
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the right is Little English’s misappropriation, a nearly identical replica of bella
bliss’s hand-drawn snail design, featuring disproportionally large shell, with a green
body and large blue and pink shells in in a nearly perfect circle, with two small
antennae fanning out of the top of the snails head and a smiling face with two round
white eyes. The artistic choices made by Ms. McLean in drawing the snails are
replicated almost identically. If the captions were removed, it would be nearly
impossible to distinguish the designs. It is highly unlikely that Little English would
choose to replicate these exact artistic choices without directly, intentionally copying
bella bliss’s proprietary design.
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bella bliss’s copyrighted paddock design; Little English’s Misappropriation

bella bliss’s signature paddock design
launched in 2002
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copyrighted Paddock Horse design (Copyright Registration No. VA0002203847,
see Ex. D), drawn in 2002 and subsequent Paddock sweater, launched in fall 2002.
The paddock horse design features a racehorse with green saddle blanket and a blue
saddle pad with a yellow outline, depictured as a triangle. Each paddock race horse
has various saddle blankets and saddle pads in a variety of color choices and
combinations. Pictured on the right is Little English’s misappropriation, a nearly
identical replica of bella bliss’s hand-drawn paddock horse design, featuring a green
saddle blanket and blue saddle pad with yellow outline, depicted as a triangle.
Additionally, Little English misappropriated the paddock horse designs, again
replicating the color choices chosen and specific design features. The artistic choices
made by Ms. McLean (see above) in drawing the paddock horses are replicated
almost identically. If the captions were removed, it would be nearly impossible to
distinguish the designs. It is highly unlikely that Little English would choose to
replicate these exact artistic choices without directly, intentionally copying bella
bliss’s proprietary design.
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bella bliss’s copyrighted hand-drawn

Little English’s Misappropriation, upon
frog design; bella bliss’s Signature Frog
information and belief, 2017
Design Fall 2002
copyrighted Frog design (Copyright Registration No. VA0002200997, see Ex. D),
drawn in 2002 and subsequent Frog sweater and pillows, launched in fall 2002. The
frog design features an overhead image of the frog with both arms and legs
outstretched in a leaping motion, with its legs and arms spread apart an angled from
the frog body. Pictured on the right is Little English’s misappropriation, a nearly
identical replica of bella bliss’s hand-drawn frog design, featuring an overhead
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image of the frog with both arms and legs outstretched in a leaping motion, with its
legs and arms spread apart an angled from the frog body. The artistic choices made
by Ms. McLean in drawing the frog are replicated almost identically. If the captions
were removed, it would be nearly impossible to distinguish the designs. It is highly
unlikely that Little English would choose to replicate these exact artistic choices
without directly, intentionally copying bella bliss’s proprietary design.

Little English’s Misappropriation,
submarine; bella bliss’s Signature
upon information and belief, 2018
submarine design, 2009
copyrighted Submarine design (Copyright Registration No. VA0002200870, see Ex.
D), drawn in 2009 and subsequent submarine swim trunks, launched in Fall 2009.
The submarine design features a profile view of a yellow submarine featuring two
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round blue portal windows and red accents on the top and edges. Pictured on the
hand-drawn submarine design, featuring a profile view of a yellow submarine having
round blue portal windows and red accents on the top and edge. The artistic choices
made by Ms. McLean in drawing the submarine are replicated almost identically. If
the captions were removed, it would be nearly impossible to distinguish the designs.
It is highly unlikely that Little English would choose to replicate these exact artistic
choices without directly, intentionally copying bella bliss’s proprietary design.
Little English’s Misappropriation,

bella bliss’s custom jungle print, 2012
upon information and belief, 2020
79. Pictured on the left in the chart above is bella bliss’s custom jungle
animal print, created from a compilation of hand-drawn designs. Pictured on the
unique combination of jungle animals to create a visually appealing print with
yellow, orange, and blue jungle animals and palm trees. The artistic choices made
by Ms. McLean are replicated almost identically. If the captions were removed, it
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English would choose to replicate these exact artistic choices without directly,
intentionally copying bella bliss’s proprietary design.
bella bliss’s Signature Sailor Little English’s

Bubble Misappropriation, upon information
Launched Spring 2015 and belief, Spring 2020
80. Pictured on the left in the chart above is bella bliss’s signature sailor
bubble with contrasting outlining and visible buttons at the top and sides. Pictured
on the right is Little English’s misappropriation, a nearly identical replica of bella
bliss’s unique bubble, with a nearly identical fit and design, with contrasting
outlining and visible buttons on the top and sides. The artistic choices made by Ms.
McLean are replicated almost identically. If the captions were removed, it would be
nearly impossible to distinguish the designs. It is highly unlikely that Little English
would choose to replicate these exact artistic choices without directly, intentionally
copying bella bliss’s proprietary design.
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bella bliss’s Signature Bathing Suit, Little English’s

Featuring Scoop Neck Back Misappropriation, upon information
Launched Spring 2017 and belief, Spring 2019
81. Pictured on the left in the chart above is bella bliss’s signature
Mirabella bathing suit with a scoop neck, off-the-shoulder ruffle, and low back
cutout. Pictured on the right is Little English’s misappropriation, a nearly identical
replica of bella bliss’s unique swimsuit, with a nearly identical fit and design, with
a scoop neck, off-the-shoulder ruffle, and low back cutout. The artistic choices made
by Ms. McLean are replicated almost identically. If the captions were removed, it
English would choose to replicate these exact artistic choices without directly,
intentionally copying bella bliss’s proprietary design.
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monkey design; bella bliss’s Signature Little English’s Misappropriation
Monkey Design 2002
copyrighted Monkey design (Copyright Registration No., VA0002200882 see Ex.
D), drawn in 2002 and subsequent monkey sweaters, launched in fall 2002. The
monkey design features a brown monkey with a round, contrasting belly, holding a
green vine with triangular leaves over his head, with his legs apart and one arm
hanging down by its side. Pictured on the right is Little English’s misappropriation,
a nearly identical replica of bella bliss’s hand-drawn monkey design, featuring a
brown monkey with a round, contrasting belly, holding a green vine with triangular
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leaves over his head, with his legs apart and one arm hanging down by its side. The
artistic choices made by Ms. McLean in drawing the monkey are replicated almost
identically. If the captions were removed, it would be nearly impossible to
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bella bliss’s copyrighted Hand-drawn

turtle design; bella bliss signature turtle Little English’s Misappropriation,
design, Spring/Summer 2007 and 2013 upon information and belief, 2019
catalogs
83. Pictured on the left in the chart above is bella bliss’s hand-drawn turtle
design drawn in 2007 and featured on sweaters and cardigans in Spring/Summer
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2007 and in 2013 in the bella bliss catalog. The turtle design features a profile view
of a green turtle with a bell-shaped oblong shell in pink and blue, with spots on the
turtle shell, a long swooped tail, and a full smiling face on the turtle despite the
profile-view nature. Pictured on the right is Little English’s misappropriation, a
nearly identical replica of bella bliss’s hand-drawn turtle design, featuring a green
turtle with a bell-shaped oblong shell in pink and blue, with spots on the turtle shell,
a long swooped tail, and a full smiling face on the turtle despite the profile-view
nature. The artistic choices made by Ms. McLean in drawing the turtles are replicated
32
bella bliss’s Signature blue knit cherry

sweater with red connected cherries Little English’s Misappropriation
and white collar
84. Pictured on the left in the chart above is bella bliss’s signature blue knit
cherry sweater with red connected cherries with a white accent mark on both
cherries, and a white “Peter Pan” collar. Pictured on the right is Little English’s
misappropriation, a nearly identical replica of bella bliss’s design, featuring a blue
knit cherry sweater with two connected red cherries with a white accent on both
cherries and white collar. The artistic choices made by Ms. McLean are replicated
33
bella bliss’s Signature Eloise Blouse Little English’s Misappropriation,

and Jumper, Launched Fall 2012 upon information and belief, Fall
2013
85. Pictured on the left in the chart above is bella bliss’s signature Eloise
blouse and jumper, launched in fall 2012. The blouse features a unique small floral
pattern and the jumper features distinctive stitching in a contrasting color, with straps
across the front of the jumper in a contrasting color and drop-down piping
connecting to the side straps. Pictured on the right is Little English’s
misappropriation, a nearly identical replica of bella bliss’s design, featuring the a
strikingly similar floral pattern in a strikingly similar silhouette and an identically
34
constructed jumper with distinctive stitching in a contrasting color, straps across the
front of the jumper in a contrasting color and drop-down piping connecting to the
side straps. The artistic choices made by Ms. McLean are replicated almost
identically. If the captions were removed, it would be nearly impossible to
bella bliss’s hand-drawn sketch of an

Little English’s Misappropriation
elephant in a wagon with yellow wheels
35
elephant in a wagon and sweater featuring its signature elephant in a wagon design.
The elephant on wheels was drawn by Ms. McLean while Ms. Latham was a partner
in bella bliss. The designs features a blue elephant in a wagon with yellow wheels.
Pictured on the right is Little English’s misappropriation, a substantially similar
version of bella bliss’s design, featuring a blue elephant in a wagon with yellow
wheels. Elephants in wagons with yellow wheels are not a typical design featured in
children’s clothing. These artistic choices made by Ms. McLean are replicated
almost identically and very arbitrarily. It is highly unlikely that Little English would
choose to replicate these exact artistic choices without directly, intentionally copying
bella bliss’s proprietary design.
36
bella bliss’s hand-drawn whale design; Little English’s Misappropriation,

bella bliss’s whale design fall 2002 Upon information and belief, 2018
87. Pictured on the left in the chart above is bella bliss’s hand-drawn whale
design drawn in 2002 and featured on sweaters and shirts in fall 2002. The whale
design features a profile view of a whale having a single dot for an eye and a slightly
curved horizontal line for a smile. The whale has numerous drops of water coming
out of its blowhole in a mirrored pattern. Pictured on the right is Little English’s
misappropriation, a nearly identical replica of bella bliss’s hand-drawn whale
design, featuring a profile view of a whale having a single dot for an eye and a
slightly curved horizontal line for a smile. The whale has numerous drops of water
37
coming out of its blowhole in a mirrored pattern. The artistic choices made by Ms.
McLean in drawing the turtles are replicated almost identically. If the captions were
removed, it would be nearly impossible to distinguish the designs. It is highly
unlikely that Little English would choose to replicate these exact artistic choices
without directly, intentionally copying bella bliss’s proprietary design.
88. This misappropriation is not merely duplication of a genre or general
aesthetic in the industry, but rather these are numerous, very specific, artistic choices
made in a particular design that serve no function (neither actual functionality nor
aesthetic functionality) copied in a virtually identical matter. The choices made in
these unique design elements are not essential to the garments in any way and are
not based on consumer preferences, but rather are artistic details created from the
imagination of Ms. McLean and bella bliss.
89. Indeed, many of these designs were not lucrative sellers for bella bliss,
which indicates that Little English was simply mining and copying all past designs
used by bella bliss in bad faith and was not copying designs based on popularity in
the industry or consumer preferences.
90. Not only are the look and feel of the designs, the logos, the signature
clothing items, the websites, and their social media accounts confusingly similar,
but actual consumer confusion has occurred between bella bliss and Little
English.
38
91. Recently, in spring of 2020, bella bliss has become aware of consumer
confusion arising between bella bliss and Little English.
92. Customers have tagged bella bliss in Little English’s Instagram posts
on at least two occasions. See Instagram Posts Evidencing Consumer Confusion,
attached hereto as Exhibit H.
93. Upon information and belief, Little English began targeting bella bliss
customers by sending bella bliss subscribers and even bella bliss employees “friend
requests” on Facebook with the intention of diverting bella bliss customers to Little
English’s business and gaining additional insight into bella bliss’s practices. See
Facebook Message, attached hereto as Exhibit I.
94. Customers have also attempted to return defective Little English items
to bella bliss, indicating the reputational harm that is arising from this consumer
confusion and Little English’s use of substantially similar, if not identical,
intellectual property to bella bliss’s intellectual property.
95. Bella bliss alerted Little English to this misappropriation by sending a
cease and desist letter on May 11, 2020, attached hereto as Exhibit J.
96. Little English’s contentious and combative response to the letter made
it clear that Little English was unwilling to mitigate consumer confusion from
occurring. Moreover, Little English refused to cease and desist their business
practices and their unauthorized use of the bella bliss Marks and bella bliss
39
intellectual property. See Little English’s May 18, 2020 response, attached hereto as
Exhibit K.
97. Bella bliss must protect its brand and the goodwill of its reputation that
has been carefully cultivated in the industry for decades. It is unfair for consumers
to be confused as to the source of the goods it is purchasing and the underlying
company behind such products.
98. Little English is repeatedly attempting to profit off the goodwill of bella
bliss’s brand and to confuse bella bliss’s established customer base.
99. Little English appears to be willfully and maliciously copying and
misappropriating bella bliss’s creation of its unique designs without authorization
from bella bliss.
IV. CLAIMS
COUNT I
COPYRIGHT INFRINGEMENT
100. Bella bliss hereby incorporates by reference the preceding paragraphs
as if fully restated herein.
101. Bella bliss owns valid copyrights to its unique designs. See Ex. D.
102. Bella bliss’s copyright registrations, true and correct copies of which
are attached hereto as Ex. D, establishes a presumption of validity and ownership of
the copyrighted works under 17 U.S.C. § 410.
40
103. Upon information and belief, Little English directly copied bella bliss’s
copyrighted designs.
104. Upon information and belief, Little English had access to the
copyrighted works through its previous stake in the bella bliss company and through
its relationship with bella bliss’s supplier, Mis Borbados.
105. Little English’s designs are substantially similar, if not virtually
identical to bella bliss’s copyrighted works.
106. Little English knowingly and willfully copied its designs without the
permission, license, or consent of bella bliss.
107. Little English’s activities complained on herein constitute copyright
infringement in violation of the exclusive rights of bella bliss under 17 U.S.C. §§
101 et. seq.
108. These artistic choices made by bella bliss in its copyrighted designs are
unique, creative, imaginative designs that were directly copied by Little English in
bad faith.
109. The average lay observer would recognize Little English’s items as
bella bliss’s copyrighted work.
COUNT II
FALSE DESIGNATION OF ORIGIN
Violation 15 U.S.C. § 1125(a) (Section 43(a) of the Lanham Act)
41
110. Bella bliss incorporates by reference the allegations contained in the
preceding paragraphs as if fully restated herein.
111. Bella bliss has expended substantial resources, including time and
money in building the bella bliss Marks and all associated goods and services, and
as a result, the public has come to associate the bella bliss Marks with bella bliss
and use that mark to identify bella bliss as the source of the goods provided by bella
bliss.
112. Bella bliss duly registered its trademarks as detailed above and attached
hereto as Ex. A.
113. Little English continually misappropriates bella bliss’s intellectual
property rights in an attempt to confuse consumers as to the source of its children’s
clothing goods.
114. The continued use by Little English of confusingly similar indicia to
the bella bliss Marks as set forth above constitutes a false designation of origin, false
or misleading description of fact or representation that is likely to cause confusion,
mistake, or deception to the affiliation, connection, or association with another in
violation of the federal Lanham Act, 15 U.S.C. § 1125(a).
115. Despite explicit knowledge of bella bliss and its rights to the bella bliss
Marks, Little English has chosen to misappropriate bella bliss’s intellectual property
for its own use and profit in bad faith.
42
116. The continued use by Little English of indicia confusingly similar to
the bella bliss Marks is in direct violation of bella bliss’s exclusive rights.
117. The foregoing conduct of Little English further constitutes a violation
of 15 U.S.C. § 1125(a).
118. As a direct and proximate result of Little English’s conduct, bella bliss
has suffered damage to its valuable bella bliss Marks, and other damages, in an
amount that exceeds $75,000.00.
119. Little English has unjustly profited by its unlawful actions.
120. Little English has committed the foregoing acts with notice of bella
bliss’s rights and such actions were willful and intended to cause confusion, to cause
mistake, or to deceive.
121. Bella bliss has been and will continue to be damaged by Little English’s
unlawful actions.
122. Little English’s conduct and acts, as alleged above, will continue to
cause irreparable harm to bella bliss unless enjoined by the Court.
123. Damages alone will not provide bella bliss with an adequate remedy at
law.
COUNT III
KENTUCKY COMMON LAW TRADEMARK INFRINGEMENT
43
125. Bella bliss has common law rights in the bella bliss Marks, based at
least upon continuous use throughout the United States in connection with children’s
clothing.
126. Little English’s use of confusingly similar indicia, including but not
limited to a confusingly similar logo, confusingly similar website, confusingly
similar social media, confusingly similar clothing items and other confusingly
similar children’s items is very likely to cause confusion, mistake, and deception of
the public as to the connection or affiliation with bella bliss.
127. This usage is unauthorized, and has caused and is causing irreparable
harm to bella bliss for which there is no adequate remedy at law. Little English’s
conduct thus constitutes trademark infringement under the common law of the
Commonwealth of Kentucky of the bella bliss Marks.
128. Little English’s acts of infringement are willful and blatant and have
been committed with the intent to cause confusion and mistake and to deceive.
infringement.
130. Little English’s conduct and acts, as alleged above will continue to
cause irreparable harm to bella bliss as to which it has no adequate remedy at law,
unless enjoined by this Court.
44
131. Little English’s acts are in bad faith, will full knowledge of bella bliss
and its trademark rights to the bella bliss Marks.
COUNT IV
FEDERAL UNFAIR COMPETITION
VIOLATION OF SECTION 43(a) OF THE LANHAM ACT
133. Because of bella bliss’s longstanding use, significant advertising and
promotional activities, and widespread efforts throughout Kentucky and elsewhere,
the bella bliss Marks have become well known and accepted by the public and serves
to distinguish bella bliss’s goods from those of others.
134. Little English’s misappropriation of the bella bliss Marks constitutes a
false designation of origin and a false or misleading description or representation of
fact which is likely to cause confusion, mistake or deception as to the affiliation,
connection, or association of Little English with bella bliss and as to the origin,
sponsorship or approval of Little English’s goods by bella bliss, all within the
meaning of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
135. Upon information and belief, Little English has committed the
foregoing acts with notice of bella bliss’s rights and such actions were willful and
intended to cause confusion, to cause mistake, or to deceive.
45
136. Bella bliss has been and will continue to be damaged by Little English's
unlawful actions.
137. Little English's conduct and acts, as alleged above, will continue to
COUNT V
COMMON LAW UNFAIR COMPETITION
139. The acts described above reflect Little English’s scheme by which it,
without authority, consent or privilege, intended to imitate or pass off its goods as
those of bella bliss’s or as goods that have received the sponsorship or approval of
bella bliss. Such conduct constitutes unfair competition in violation of the common
law of the Commonwealth of Kentucky.
140. Little English’s alleged acts of infringement are willful and have been
committed with the intent to cause confusion and mistake and to deceive.
unfair competition.
cause irreparable harm to bella bliss to which it has no adequate remedy at law,
46
COUNT VI
KENTUCKY CONSUMER PROTECTION ACT
144. Little English has willfully violated the Kentucky Consumer Protection
Act, Kentucky Revised Statute § 367.010, by causing likelihood of confusion or
misunderstanding as to the source, sponsorship, approval, affiliation, connection or
association with bella bliss.
145. Little English’s acts of infringement have been committed with the
intent to cause confusion and mistake and to deceive.
unlawful actions.
V. PRAYER FOR RELIEF
WHEREFORE, bella bliss prays for judgment against Little English as
follows:
(a) In favor of bella bliss and against the Little English on all claims;
(b) Preliminarily and permanently enjoin and restrain Little English against
47
continued infringement of the bella bliss Marks (15 U.S.C. § 1116);
(c) Order an accounting for bella bliss’s damages and/or for Little
English’s profits derived from and/or related to Little English’s infringement of the
bella bliss Marks (15 U.S.C. § 1117).
(d) Order an accounting for bella bliss’s damages as a measure of Little
English’s profits derived from Little English’s unjust enrichment;
(e) Order an assessment of interest and costs against Little English (35
U.S.C. § 283; 15 U.S.C. § 1117);
(f) Order of statutory damages against Little English (17 U.S.C. § 504; 15
U.S.C. § 1125);
(g) Award bella bliss treble and punitive damages against Little English for
their willful misconduct and bad faith in an amount to be determined at trial;
(h) Find this to be an exceptional case and to award reasonable attorneys’
fees to bella bliss (35 U.S.C. §285; 15 U.S.C. § 1117);
(i) Find that Little English’s infringement was intentional and thus treble
damages and attorneys’ fees are appropriate (15 U.S.C. § 1117); and
(j) Award bella bliss such other relief as the Court may deem just and
proper.
48
VI. JURY DEMAND
Pursuant to Fed. R. Civ. P. 38(b), bella bliss demands a trial by jury for all
claims so triable.
Dated: May 22, 2020 Respectfully submitted,
DINSMORE & SHOHL LLP
s/Anthony F. Bonner Jr./

Anthony F. Bonner, Jr.
KY Bar # 94610
tony.bonner@dinsmore.com
April L. Besl,
OH Bar # 82542
(Seeking pro hac vice)
april.besl@dinsmore.com
Ashley J. Earle,
OH Bar # 93664
(Seeking pro hac vice)
ashley.earle@dinsmore.com

City Center
100 West Main St
Suite 900
Lexington, KY 40507
(859) 425-1024
Fax: (859) 425-1099
Counsel for Plaintiff,

Bliss Collections, LLC
d/b/a bella bliss
49
Case: 5:20-cv-00217-CHB Doc #: 1-1 Filed: 05/22/20 Page: 1 of 2 - Page ID#: 50
JS 44 (Rev. 09/19) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS

Bliss Collection, LLC d/b/a Bella Bliss Latham Companies, LLC d/b/a Little English
(b) County of Residence of First Listed Plaintiff Fayette County of Residence of First Listed Defendant Fayette
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Dinsmore & Shoh LLP; 100 West Main Street, Suite 900 City Center, Zielke Law Firm, PLLC; 464 S. 4th Street, Suite 1250 Louisville, KY
Lexington, KY 40507; 859-425-1024 40202-3465; 502-589-4600
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(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions.
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 625 Drug Related Seizure ’ 422 Appeal 28 USC 158 ’ 375 False Claims Act
’ 120 Marine ’ 310 Airplane ’ 365 Personal Injury - of Property 21 USC 881 ’ 423 Withdrawal ’ 376 Qui Tam (31 USC
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(Excludes Veterans) ’ 345 Marine Product Liability ’ 840 Trademark Corrupt Organizations
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of Veteran’s Benefits ’ 350 Motor Vehicle ’ 370 Other Fraud ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) (15 USC 1681 or 1692)
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Medical Malpractice Leave Act ’ 890 Other Statutory Actions
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’ 1 Original ’ 2 Removed from ’ 3 Remanded from ’ 4 Reinstated or ’ 5 Transferred from ’ 6 Multidistrict ’ 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
17 USC 101; 15 USC 1125
VI. CAUSE OF ACTION Brief description of cause:
Copyright infringement; trademark infringement
VII. REQUESTED IN ’ CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: ’ Yes ’ No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
05/22/2020 /Anthony F. Bonner Jr./
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

JS 44 Reverse (Rev. 09/19)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
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only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
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Date and Attorney Signature. Date and sign the civil cover sheet.
EXHIBIT A
Generated on: This page was generated by TSDR on 2020-05-21 16:36:46 EDT
Mark: BELLA BLISS
US Serial Number: 77843945 Application Filing Oct. 07, 2009

Date:
US Registration 3813454 Registration Date: Jul. 06, 2010
Number:
Register: Principal
Mark Type: Trademark
TM5 Common Status LIVE/REGISTRATION/Issued and Active
Descriptor:
The trademark application has been registered with the Office.
Status: A partial Sections 8 and 15 combined declaration has been accepted and acknowledged.
Status Date: Sep. 14, 2016
Publication Date: Apr. 20, 2010
Mark Information
Mark Literal BELLA BLISS
Elements:
Standard Character Yes. The mark consists of standard characters without claim to any particular font style, size, or color.
Claim:
Mark Drawing 4 - STANDARD CHARACTER MARK
Type:
Goods and Services

Note:
The following symbols indicate that the registrant/owner has amended the goods/services:
Brackets [..] indicate deleted goods/services;
Double parenthesis ((..)) identify any goods/services not claimed in a Section 15 affidavit of incontestability; and
Asterisks *..* identify additional (new) wording in the goods/services.
For: [ Purses ]
International 018 - Primary Class U.S Class(es): 001, 002, 003, 022, 041
Class(es):
Class Status: SECTION 8 - CANCELLED
Basis: 1(a)
First Use: Dec. 31, 2002 Use in Commerce: Dec. 31, 2002
For: Pillows
International 020 - Primary Class U.S Class(es): 002, 013, 022, 025, 032, 050
Class(es):
Class Status: ACTIVE
Basis: 1(a)
For: Children's blankets and blanket throws

International 024 - Primary Class U.S Class(es): 042, 050
Class(es):
Basis: 1(a)
For: Children's clothing, namely, sweaters, shirts, pants, dresses, hats, pajamas, rompers and sleepers
Class(es):
Basis: 1(a)
Basis Information (Case Level)

Filed Use: Yes Currently Use: Yes
Filed ITU: No Currently ITU: No
Filed 44D: No Currently 44E: No
Filed 44E: No Currently 66A: No
Filed 66A: No Currently No Basis: No
Filed No Basis: No
Current Owner(s) Information

Owner Name: Bliss Collection, LLC
Owner Address: 209 North Limestone
Lexington, KENTUCKY UNITED STATES 40507
Legal Entity Type: LIMITED LIABILITY COMPANY State or Country KENTUCKY
Where Organized:
Attorney/Correspondence Information
Attorney of Record
Attorney Name: Anthony F. Bonner, Jr. Docket Number: 68662-8
Attorney Primary tony.bonner@dinsmore.com Attorney Email Yes
Email Address: Authorized:
Correspondent
Correspondent ANTHONY F. BONNER, JR.
Name/Address: Dinsmore & Shohl LLP
255 East 5th Street, Suite 1900
Cincinnati, OHIO UNITED STATES 45202
Phone: (859) 425-1083 Fax: (513) 977-8141
Correspondent e- tony.bonner@dinsmore.com michael.wheeler@di Correspondent e- Yes
mail: nsmore.com mail Authorized:
Domestic Representative - Not Found
Prosecution History
Proceeding
Date Description
Number
Jul. 06, 2019 COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED
Sep. 14, 2016 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED
Sep. 14, 2016 REGISTERED - PARTIAL SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 76533
Sep. 14, 2016 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 76533
Jul. 06, 2016 TEAS SECTION 8 & 15 RECEIVED
Jul. 06, 2010 REGISTERED-PRINCIPAL REGISTER
Apr. 20, 2010 PUBLISHED FOR OPPOSITION
Mar. 31, 2010 NOTICE OF PUBLICATION
Mar. 17, 2010 LAW OFFICE PUBLICATION REVIEW COMPLETED 78289
Mar. 16, 2010 ASSIGNED TO LIE 78289
Feb. 26, 2010 APPROVED FOR PUB - PRINCIPAL REGISTER
Jan. 27, 2010 TEAS/EMAIL CORRESPONDENCE ENTERED 88889
Jan. 27, 2010 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889
Jan. 27, 2010 TEAS RESPONSE TO OFFICE ACTION RECEIVED
Jan. 07, 2010 NON-FINAL ACTION MAILED

Jan. 06, 2010 NON-FINAL ACTION WRITTEN 85335
Jan. 06, 2010 ASSIGNED TO EXAMINER 85335
Dec. 01, 2009 TEAS AMENDMENT ENTERED BEFORE ATTORNEY ASSIGNED 88889
Dec. 01, 2009 TEAS VOLUNTARY AMENDMENT RECEIVED
Oct. 16, 2009 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
Oct. 10, 2009 NEW APPLICATION ENTERED IN TRAM
TM Staff and Location Information

TM Staff Information - None
File Location
Current Location: Not Found Date in Location: Sep. 14, 2016
Mark: PRECIOUS.PURE.BLISS
US Serial Number: 87113403 Application Filing Jul. 22, 2016

Date:
US Registration 5435914 Registration Date: Apr. 03, 2018
Number:
Filed as TEAS RF: Yes Currently TEAS RF: Yes
Register: Principal
Descriptor:
Status: Registered. The registration date is used to determine when post-registration maintenance documents are due.
Status Date: Apr. 03, 2018
Publication Date: Jan. 16, 2018
Mark Information
Mark Literal PRECIOUS.PURE.BLISS
Elements:
Claim:
Type:
Related Properties Information

Claimed Ownership 3813454
of US
Registrations:
Goods and Services

Note:
For: Duffel bags; Tote Bags

Class(es):
Basis: 1(a)
First Use: Jul. 31, 2006 Use in Commerce: Jul. 31, 2006
For: Bed blankets

Class(es):
Basis: 1(a)
For: Children's clothing, namely, sweaters, dresses, hats, pajamas, rainwear, rompers and infant sleepers
Class(es):
Basis: 1(a)

Filed No Basis: No

Owner Name: Bliss Collection LLC
Where Organized:
Attorney of Record
Attorney Name: Anthony F. Bonner Docket Number: 68663-
Correspondent
Correspondent ANTHONY F. BONNER
Name/Address: DINSMORE & SHOHL LLP
255 E. 5TH STREET, SUITE 1900
CINCINNATI, OHIO UNITED STATES 45202
Phone: (859) 425-1024 Fax: (859) 425-1099
mail: nsmore.com lisa.coyle@dinsmore.com mail Authorized:
Prosecution History
Proceeding
Date Description
Number
Apr. 03, 2018 REGISTERED-PRINCIPAL REGISTER
Jan. 16, 2018 OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
Jan. 16, 2018 PUBLISHED FOR OPPOSITION
Dec. 27, 2017 NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED
Dec. 06, 2017 ASSIGNED TO LIE 68171
Nov. 27, 2017 APPROVED FOR PUB - PRINCIPAL REGISTER
May 26, 2017 NOTIFICATION OF FINAL REFUSAL EMAILED
May 26, 2017 FINAL REFUSAL E-MAILED
May 26, 2017 FINAL REFUSAL WRITTEN 78325
May 03, 2017 TEAS/EMAIL CORRESPONDENCE ENTERED 88889
May 02, 2017 CORRESPONDENCE RECEIVED IN LAW OFFICE 88889
May 02, 2017 TEAS RESPONSE TO OFFICE ACTION RECEIVED
Nov. 02, 2016 NOTIFICATION OF NON-FINAL ACTION E-MAILED 6325
Nov. 02, 2016 NON-FINAL ACTION E-MAILED 6325
Nov. 02, 2016 NON-FINAL ACTION WRITTEN 78325

Nov. 02, 2016 ASSIGNED TO EXAMINER 78325
Jul. 28, 2016 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
Jul. 26, 2016 NEW APPLICATION ENTERED IN TRAM

File Location
Current Location: PUBLICATION AND ISSUE SECTION Date in Location: Apr. 03, 2018
Reg. No. 5,435,914 Bliss Collection LLC (KENTUCKY LIMITED LIABILITY COMPANY)
209 North Limestone
Registered Apr. 03, 2018 Lexington, KENTUCKY 40507
CLASS 18: Duffel bags; Tote Bags

Int. Cl.: 18, 24, 25
FIRST USE 7-31-2006; IN COMMERCE 7-31-2006
Trademark
CLASS 24: Bed blankets
Principal Register
CLASS 25: Children's clothing, namely, sweaters, dresses, hats, pajamas, rainwear, rompers
and infant sleepers
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY

PARTICULAR FONT STYLE, SIZE OR COLOR
OWNER OF U.S. REG. NO. 3813454
SER. NO. 87-113,403, FILED 07-22-2016

REQUIREMENTS TO MAINTAIN YOUR FEDERAL TRADEMARK REGISTRATION
WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE
DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.
Requirements in the First Ten Years*

What and When to File:
First Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
Requirements in Successive Ten-Year Periods*

What and When to File:
You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, calculated from the registration date.*
Grace Period Filings*
The above documents will be accepted as timely if filed within six months after the deadlines listed above with
the payment of an additional fee.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an

extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
The time periods for filing are based on the U.S. registration date (not the international registration date). The
deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations
do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
international registration at the International Bureau of the World Intellectual Property Organization, under
Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the
international registration, see http://www.wipo.int/madrid/en/.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.
NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 of 2 / RN # 5435914
Mark: B
US Serial Number: 78816785 Application Filing Feb. 16, 2006

Date:
US Registration 3321192 Registration Date: Oct. 23, 2007
Number:
Register: Principal
Descriptor:
Status: The registration has been renewed.

Status Date: Nov. 06, 2017
Publication Date: Oct. 10, 2006 Notice of Jan. 02, 2007
Allowance Date:
Mark Information
Mark Literal B
Elements:
Standard Character No
Claim:
Mark Drawing 3 - AN ILLUSTRATION DRAWING WHICH INCLUDES WORD(S)/ LETTER(S)/NUMBER(S)
Type:
Description of The mark consists of a stylized "b" that consists of thread to create the image of the letter "b".
Mark:
Color(s) Claimed: Color is not claimed as a feature of the mark.
Design Search 09.01.01 - Fringes, yarn/thread; Thread; Wool; Yarn
Code(s): 26.11.21 - Rectangles that are completely or partially shaded
Goods and Services

Note:
For: Children's clothing, namely, sweaters, dresses, hats, pajamas, [ rainwear, ] rompers and infant sleepers
Class(es):
Basis: 1(a)

Filed Use: No Currently Use: Yes
Filed ITU: Yes Currently ITU: No
Filed No Basis: No

Where Organized:
Attorney of Record
Correspondent
Correspondent Anthony F. Bonner, Jr.
Name/Address: Dinsmore & Shohl, LLP
255 East Fifth Street, Suite 1900
Phone: (859) 425-1024 Fax: (513) 977-8141
mail: nsmore.com tmdocket@dinsmore.com mail Authorized:
Prosecution History
Proceeding
Date Description
Number
Nov. 06, 2017 NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
Nov. 06, 2017 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) 59136
Nov. 06, 2017 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 59136
Nov. 06, 2017 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 59136
Oct. 10, 2017 TEAS SECTION 8 & 9 RECEIVED
Oct. 23, 2016 COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED
Aug. 14, 2013 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED
Aug. 14, 2013 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 75461
Jul. 29, 2013 REGISTERED - SEC. 8 (6-YR) & SEC. 15 FILED 75461
Aug. 12, 2013 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 75461
Oct. 23, 2007 REGISTERED-PRINCIPAL REGISTER
Sep. 18, 2007 LAW OFFICE REGISTRATION REVIEW COMPLETED 76568
Sep. 18, 2007 ASSIGNED TO LIE 76568
Aug. 10, 2007 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
Aug. 10, 2007 STATEMENT OF USE PROCESSING COMPLETE 76985
Jun. 19, 2007 USE AMENDMENT FILED 76985
Jun. 19, 2007 TEAS STATEMENT OF USE RECEIVED
May 23, 2007 ASSIGNED TO EXAMINER 78426
Jan. 02, 2007 NOA MAILED - SOU REQUIRED FROM APPLICANT
Oct. 10, 2006 PUBLISHED FOR OPPOSITION
Sep. 20, 2006 NOTICE OF PUBLICATION
Aug. 28, 2006 LAW OFFICE PUBLICATION REVIEW COMPLETED 77075
Aug. 25, 2006 ASSIGNED TO LIE 77075
Aug. 23, 2006 APPROVED FOR PUB - PRINCIPAL REGISTER
Aug. 21, 2006 EXAMINERS AMENDMENT MAILED
Aug. 21, 2006 EXAMINER'S AMENDMENT ENTERED 88888
Aug. 21, 2006 EXAMINERS AMENDMENT -WRITTEN 81899
Aug. 07, 2006 NON-FINAL ACTION MAILED

Aug. 05, 2006 NON-FINAL ACTION WRITTEN 81899
Aug. 05, 2006 ASSIGNED TO EXAMINER 81899
Apr. 20, 2006 NOTICE OF DESIGN SEARCH CODE MAILED
Feb. 23, 2006 NEW APPLICATION ENTERED IN TRAM

File Location
Current Location: GENERIC WEB UPDATE Date in Location: Nov. 06, 2017
Mark: B

Date:
US Registration 3327352 Registration Date: Oct. 30, 2007
Number:
Register: Principal
Descriptor:

Status Date: Nov. 06, 2017
Allowance Date:
Mark Information
Mark Literal B
Elements:
Claim:
Type:
Mark:
Goods and Services

Note:
For: Bed blankets

Class(es):
Basis: 1(a)

Filed No Basis: No

Where Organized:
Attorney of Record
Correspondent
Name/Address: Dinsmore & Shohl, LLP
255 East Fifth Street, Suite 1900
Phone: (859) 425-1024 Fax: (513) 977-8141
mail: nsmore.com tmdocket@dinsmore.com mail Authorized:
Prosecution History
Proceeding
Date Description
Number
Nov. 06, 2017 NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
Nov. 06, 2017 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) 59136
Nov. 06, 2017 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 59136
Nov. 06, 2017 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 59136
Oct. 10, 2017 TEAS SECTION 8 & 9 RECEIVED
Oct. 30, 2016 COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED
Sep. 24, 2013 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED
Sep. 24, 2013 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 76533
Sep. 16, 2013 REGISTERED - SEC. 8 (6-YR) & SEC. 15 FILED 76533
Sep. 24, 2013 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 76533
Sep. 16, 2013 TEAS SECTION 8 & 15 RECEIVED
Oct. 30, 2007 REGISTERED-PRINCIPAL REGISTER
Sep. 25, 2007 LAW OFFICE REGISTRATION REVIEW COMPLETED 76243
Sep. 24, 2007 ASSIGNED TO LIE 76243
Aug. 21, 2007 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
Aug. 10, 2007 STATEMENT OF USE PROCESSING COMPLETE 76985
Jun. 19, 2007 USE AMENDMENT FILED 76985
Jun. 19, 2007 TEAS STATEMENT OF USE RECEIVED


File Location
Current Location: GENERIC WEB UPDATE Date in Location: Nov. 06, 2017
Mark: B

Date:
US Registration 3469536 Registration Date: Jul. 15, 2008
Number:
Register: Principal
Descriptor:

Status Date: Jul. 25, 2018
Allowance Date:
Mark Information
Mark Literal B
Elements:
Claim:
Type:
Mark:
Goods and Services

Note:
For: duffel bags, and tote bags

Class(es):
Basis: 1(a)

Filed No Basis: No

Owner Address: 800 Winchester Road
Where Organized:
Attorney of Record
Correspondent
Name/Address: Dinsmore & Shohl LLP
255 East 5th Street, Suite 1900
Phone: 859-425-1024 Fax: 513-977-8141
Correspondent e- tony.bonner@dinsmore.com tmdocket@dinsmore. Correspondent e- Yes
mail: com mail Authorized:
Prosecution History
Proceeding
Date Description
Number
Jul. 25, 2018 NOTICE OF ACCEPTANCE OF SEC. 8 & 9 - E-MAILED
Jul. 25, 2018 REGISTERED AND RENEWED (FIRST RENEWAL - 10 YRS) 64591
Jul. 25, 2018 REGISTERED - SEC. 8 (10-YR) ACCEPTED/SEC. 9 GRANTED 64591
Jul. 25, 2018 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 64591
Jul. 15, 2017 COURTESY REMINDER - SEC. 8 (10-YR)/SEC. 9 E-MAILED
Jul. 24, 2014 NOTICE OF ACCEPTANCE OF SEC. 8 & 15 - E-MAILED
Jul. 24, 2014 REGISTERED - SEC. 8 (6-YR) ACCEPTED & SEC. 15 ACK. 76874
Jul. 24, 2014 CASE ASSIGNED TO POST REGISTRATION PARALEGAL 76874
Jul. 15, 2008 REGISTERED-PRINCIPAL REGISTER
Jun. 09, 2008 LAW OFFICE REGISTRATION REVIEW COMPLETED 70997
Jun. 06, 2008 ALLOWED PRINCIPAL REGISTER - SOU ACCEPTED
May 16, 2008 TEAS/EMAIL CORRESPONDENCE ENTERED 70997
May 16, 2008 CORRESPONDENCE RECEIVED IN LAW OFFICE 70997
May 16, 2008 ASSIGNED TO LIE 70997
May 15, 2008 TEAS RESPONSE TO OFFICE ACTION RECEIVED
Nov. 16, 2007 NON-FINAL ACTION MAILED
Nov. 15, 2007 SU - NON-FINAL ACTION - WRITTEN 76795
Oct. 01, 2007 STATEMENT OF USE PROCESSING COMPLETE 76569
Jul. 02, 2007 USE AMENDMENT FILED 76569
Jul. 02, 2007 TEAS STATEMENT OF USE RECEIVED

Aug. 15, 2006 FAX RECEIVED

File Location
Current Location: GENERIC WEB UPDATE Date in Location: Jul. 25, 2018
Mark: B BELLA BLISS
US Serial Number: 88900724 Application Filing May 05, 2020

Date:
Filed as TEAS Yes Currently TEAS Yes
Plus: Plus:
Register: Principal
TM5 Common Status LIVE/APPLICATION/Awaiting Examination
Descriptor:
The trademark application has been accepted by the Office (has met the
minimum filing requirements) and has not yet been assigned to an examiner.
Status: New application will be assigned to an examining attorney approximately 3 months after filing date.
Status Date: May 18, 2020
Mark Information
Mark Literal B BELLA BLISS
Elements:
Claim:
Type:
Description of The mark consists of a lowercase "b" created with light blue thread stitching with a script "b" on top of the letter created from the thread
Mark: and the words "bella bliss" underneath the "b" in light blue lowercase letters.
Color Drawing: Yes
Color(s) Claimed: The color(s) light blue is/are claimed as a feature of the mark.
Design Search 09.01.01 - Fringes, yarn/thread; Yarn; Wool; Thread
Code(s):
Goods and Services

Note:
For: Baby backpacks; Bags for carrying babies' accessories

Class(es):
Basis: 1(a)
For: Baby bedding, namely, bundle bags, swaddling blankets, crib bumpers, fitted crib sheets, crib skirts, crib blankets, and diaper changing
pad covers not of paper; Baby blankets
Class(es):
Basis: 1(a)
For: Baby bodysuits; Baby bottoms; Baby tops; Coats for babies, children, and infants; Dresses for babies, children, and infants; Hats for
infants, babies, toddlers and children; Headwear for babies, children, and infants; Jackets for babies, children, and infants; Pajamas for
babies, children, and infants; Pants for babies, children, and infants; Shirts for infants, babies, toddlers and children; Shoes for babies,
children, and infants; Sweaters for babies, children, and infants; Sweatpants for babies, children, and infants; Sweatshirts for babies,
children, and infants; T-shirts for babies, children, and infants
Class(es):
Basis: 1(a)

Filed No Basis: No

Owner Address: 209 NORTH LIMESTONE
Where Organized:
Attorney of Record
Attorney Name: Ashley J. Earle Docket Number: 68662-2
Attorney Primary ashley.earle@dinsmore.com Attorney Email Yes
Correspondent
Correspondent ASHLEY J. EARLE
255 EAST 5TH STREET
SUITE 1900
Phone: 513-977-8522 Fax: 5139778141
Correspondent e- ashley.earle@dinsmore.com tony.bonner@dinsm Correspondent e- Yes
mail: ore.com trademarks@dinsmore.com mail Authorized:
Prosecution History
Proceeding
Date Description
Number
May 19, 2020 NOTICE OF DESIGN SEARCH CODE E-MAILED
May 16, 2020 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
May 08, 2020 NEW APPLICATION ENTERED IN TRAM

File Location
Current Location: NEW APPLICATION PROCESSING Date in Location: May 18, 2020
Mark: BABY BLISS
US Serial Number: 88900725 Application Filing May 05, 2020

Date:
Filed as TEAS Yes Currently TEAS Yes
Plus: Plus:
Register: Principal
TM5 Common Status LIVE/APPLICATION/Awaiting Examination
Descriptor:
The trademark application has been accepted by the Office (has met the
minimum filing requirements) and has not yet been assigned to an examiner.
Status: New application will be assigned to an examining attorney approximately 3 months after filing date.
Status Date: May 18, 2020
Mark Information
Mark Literal BABY BLISS
Elements:
Claim:
Type:
Goods and Services

Note:
For: Baby bedding, namely, bundle bags, swaddling blankets, crib bumpers, fitted crib sheets, crib skirts, crib blankets, and diaper changing
pad covers not of paper; Baby blankets
Class(es):
Basis: 1(a)
First Use: Apr. 01, 2020 Use in Commerce: Apr. 01, 2020
For: Baby bodysuits; Baby bottoms; Baby tops; Coats for babies, children, and infants; Dresses for babies, children, and infants; Hats for
infants, babies, toddlers and children; Headwear for babies, children, and infants; Jackets for babies, children, and infants; Pajamas for
babies, children, and infants; Pants for babies, children, and infants; Shirts for infants, babies, toddlers and children; Shoes for babies,
children, and infants; Sweaters for babies, children, and infants; Sweatpants for babies, children, and infants; Sweatshirts for babies,
children, and infants; T-shirts for babies, children, and infants
Class(es):
Basis: 1(a)
First Use: Apr. 01, 2020 Use in Commerce: Apr. 01, 2020


Filed No Basis: No

Owner Address: 209 NORTH LIMESTONE
Where Organized:
Attorney of Record
Attorney Name: Ashley J. Earle Docket Number: 68662-2
Attorney Primary ashley.earle@dinsmore.com Attorney Email Yes
Correspondent
Correspondent ASHLEY J. EARLE
255 EAST 5TH STREET
SUITE 1900
Phone: 513-977-8522 Fax: 5139778141
Correspondent e- ashley.earle@dinsmore.com tony.bonner@dinsm Correspondent e- Yes
mail: ore.com trademarks@dinsmore.com mail Authorized:
Prosecution History
Proceeding
Date Description
Number
May 16, 2020 NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM
May 08, 2020 NEW APPLICATION ENTERED IN TRAM

File Location
Current Location: NEW APPLICATION PROCESSING Date in Location: May 18, 2020
EXHIBIT B
Classic children's clothing with vintage fashion and preppy style. Page 1 of 3
all orders over $150 get free ground shipping.
girls  boys  baby bliss™
women  accessories  gifts
shop summer
https://www.bellabliss.com/ 5/22/2020
New Arrivals PJ Shop
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COPYRIGHT © 2020 BELLA BLISS
EXHIBIT C
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Exhibit D
Registration #: VA0002203847
Service Request #: 1-8842131672
Mail Certificate
Dinsmore & Shohl LLP

Ashley J. Earle
255 E 5th Street, Suite 1900
Cincinnati, OH 45202 United States
Priority: Special Handling Application Date: May 17, 2020
Correspondent
Registration Number
VA 2-203-847
Effective Date of Registration:
May 17, 2020
Registration Decision Date:
May 19, 2020
Title
Title of Work: Paddock Horse Design
Completion/Publication
Year of Completion: 2002
Date of 1st Publication: August 01, 2002
Nation of 1st Publication: United States
Author
• Author: Bliss Collections, LLC

Author Created: 2-D artwork
Work made for hire: Yes
Citizen of: United States
Copyright Claimant
Copyright Claimant: Bliss Collections, LLC

800 WINCHESTER RD, Lexington, KY, 40505, United States
0
0
Certification
Name: /Ashley J. Earle/

Date: May 17, 2020
Applicant's Tracking Number: 68662-32
Date: May 17, 2020
Approved
Copyright Office notes: Basis for Registration: Pictorial and graphic features identified separately from
and capable of existing independently of the utilitarian aspects of a useful article
this an extra line added to differentiate between two annotations with an space
Page 1 of 1
Mail Certificate

Ashley J. Earle
Priority: Special Handling Application Date: April 20, 2020
Correspondent
Organization Name: Dinsmore & Shohl LLP

Name: Ashley J. Earle
Email: ashley.earle@dinsmore.com
Telephone: (513)977-8522
Address: 255 East 5th Street
Cincinnati, OH 45202
Registration Number
VA 2-200-997
April 20, 2020
April 23, 2020
Title
Title of Work: Frog Design
Author

Copyright Claimant

0
1
Rights and Permissions
Organization Name: Bliss Collections, LLC

Address: 800 Winchester Rd
Lexington, KY 40505 United States
Certification

Date: April 20, 2020
Page 1 of 2

Approved
Page 2 of 2
Mail Certificate

Ashley J. Earle
Correspondent

Telephone: (513)977-8522
Registration Number
VA 2-200-870
April 20, 2020
April 21, 2020
Title
Title of Work: Submarine Design
Author

Copyright Claimant

0
1

Certification

Page 1 of 2

Approved
Page 2 of 2
Mail Certificate

Ashley J. Earle
Correspondent

Telephone: (513)977-8522
Registration Number
VA 2-200-882
April 21, 2020
April 21, 2020
Title
Title of Work: Monkey Design
Author

Copyright Claimant

0
1

Certification

Page 1 of 2

Approved
Correspondence: Yes
Page 2 of 2
Mail Certificate

Ashley J. Earle
Correspondent

Telephone: (513)977-8522
Registration Number
VA 2-200-994
April 20, 2020
April 23, 2020
Title
Title of Work: Butterfly Design
Author

Copyright Claimant

0
1

Certification

Page 1 of 2

Approved
Correspondence: Yes
Page 2 of 2
Mail Certificate

Ashley J. Earle
Correspondent

Telephone: (513)977-8522
Registration Number
VA 2-200-999
April 20, 2020
April 23, 2020
Title
Title of Work: Snail Design
Author

Copyright Claimant

0
1

Certification

Page 1 of 2

Approved
Correspondence: Yes
Page 2 of 2
5/22/2020 Case: 5:20-cv-00217-CHB Doc #: 1-5 Filed: 05/22/20
WebVoyage Page:
Record View 1 19 of 27 - Page ID#: 105
Library buildings are closed to the public until further notice, but the U.S.
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Public Catalog
Copyright Catalog (1978 to present)
Search Request: Left Anchored Title = bliss collection
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Bliss Collection 2003.
Type of Work: Visual Material

Registration Number / Date: VA0001302967 / 2005-01-31
Title: Bliss Collection 2003.
Notes: Fabric design.
Copyright Claimant: Bella Bliss, LLC
Date of Creation: 2002
Date of Publication: 2002-07-31
Authorship on Application: artwork: Bliss Collection, LLC, employer for hire.
Copyright Note: Cataloged from appl. only.
Names: Bella Bliss, LLC
Bliss Collection, LLC
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https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?v1=6&ti=1,6&Search_Arg=bliss collection&Search_Code=TALL&CNT=25&PID=f7MhYKQ_0kvl1dnLg… 1/1

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Bella Bliss, by Bliss Collection, specialty sweaters and classic clothing...

Application Title: Bliss collection 2004, fabric design.
Title: Bella Bliss, by Bliss Collection, specialty sweaters and classic clothing for children,
fall 2004 ; Bella Bliss, by Bliss Collection, specialty sweaters and classic clothing
for children, spring 2004.
Description: Designs on fabric.
Copyright Claimant: Bliss Collection, LLC
Copyright Note: C.O. correspondence.
Other Title: Bella Bliss, by Bliss Collection, specialty sweaters and classic clothing for children,
spring 2004
Names: Bliss Collection, LLC

https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?v1=7&ti=1,7&SEQ=20200522223648&Search_Arg=bliss collection&Search_Code=TALL&CNT=25&PI… 1/2

5/22/2020Case: 5:20-cv-00217-CHB Doc #: 1-5 Filed: 05/22/20
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Public Catalog
Bliss Collection 2005 (fabric design)

Title: Bliss Collection 2005 (fabric design)
Cataloged from appl. only.


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Public Catalog
Bliss collection I (fabric design), 2001.

Title: Bliss collection I (fabric design), 2001.
Description: Designs on apparel.
Cataloged from appl. only.

https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?v1=11&ti=1,11&SEQ=20200522223718&Search_Arg=bliss collection&Search_Code=TALL&CNT=25&… 1/1

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Bliss Collection I (fall fabric design) 2002.

Title: Bliss Collection I (fall fabric design) 2002.

https://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?v1=12&ti=1,12&SEQ=20200522223720&Search_Arg=bliss collection&Search_Code=TALL&CNT=25… 1/1

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Bliss Collection I (pictorial) 2003.

Registration Number / Date: VAu000666702 / 2005-02-04
Title: Bliss Collection I (pictorial) 2003.
Description: Art originals.


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Public Catalog
Bliss Collection I (pictorial) 2004.

Registration Number / Date: VAu000666703 / 2005-02-04
Title: Bliss Collection I (pictorial) 2004.
Description: Art originals.


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Public Catalog
Bliss Collection I (spring fabric design) 2002.

Title: Bliss Collection I (spring fabric design) 2002.


EXHIBIT E
EXHIBIT F
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EXHIBIT G
Filed 20-CI-00808 02/28/2020
Case: 5:20-cv-00217-CHB Doc #: 1-8 Filed: Vincent
05/22/20Riggs, Fayette
Page: 2 ofCircuit Clerk ID#: 119
15 - Page
COMMONWEALTH OF KENTUCKY
FAYETTE CIRCUIT COURT
DIVISION _______
JUDGE _______________
ELECTRONICALLY FILED
LATHAM COMPANIES, LLC PLAINTIFF

d/b/a LITTLE ENGLISH
v.
BLISS COLLECTION, LLC DEFENDANT

d/b/a BELLA BLISS
Serve: Elizabeth McLean
Registered Agent
800 Winchester Road
Lexington, KY 40509
COMPLAINT
Plaintiff Latham Companies, LLC d/b/a Little English, for its complaint against Defendant
Presiding Judge: HON. LUCY A. VANMETER (622386)

Bliss Collection, LLC d/b/a Bella Bliss, hereby states as follows:
1. Latham Companies, LLC d/b/a Little English is a Kentucky limited liability company
having a principal place of business in Lexington, Kentucky.
2. Bliss Collection, LLC d/b/a Bella Bliss is a Kentucky limited liability company having a
principal place of business in Lexington, Kentucky.
FACTUAL ALLEGATIONS
3. Little English is an upscale life-style brand best known for its classic children’s clothing.
4. The company was founded in 2004 by Shannon Latham and is headquartered in
Lexington, Kentucky.
5. Little English clothing is sold in high-end children’s clothing boutiques across the United
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States, as well as national retailers such as Nieman Marcus and Bergdorf Goodman, and
through its online boutique at littleenglish.com.
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Filed 20-CI-00808 02/28/2020 Vincent Riggs, Fayette Circuit Clerk
Filed 20-CI-00808 02/28/2020
15 - Page
6. Little English clothing is characterized by its premium fabrics, including pima cotton and
soft-washed corduroys, and classic designs such as smocked bishops, long-alls, bubbles,
and john johns. Many of the pieces contain speciality hand-work.
7. Because of the unique design elements of Little English’s products, only specialized
manufacturers are capable of producing the clothing.
8. One of the specialized manufacturers which Little English uses to produce its products is
a company called Mis Bordados, Ltda, (hereinafter “Mis Bordados”) located in
Bucaramanga, Columbia.
9. Little English has worked with Mis Bordados since 2016 and has increased its business
with the manufacturer every year.
10. Little English and Mis Bordados anticipated the continuation of this relationship into the

future and were actively preparing to have Mis Bordados manufacture the samples
needed for Little English’s Spring 2021 line.
11. On January 29, 2020, one of Mis Bordados’ owners, Carlos Alberto Escobar Gomez
(hereinafter “Carlos Gomez”), emailed Shannon Latham at Little English to request the
opportunity to visit the company.
12. A true and correct copy of Carlos Gomez’s email is attached hereto as Exhibit A.
13. Carlos Gomez indicates in the email that “visit[ing] our customers . . . is something
important that we should do once in a while.”
14. Carlos Gomez calls the opportunity to visit his valued business partner, Little English,
“amazing,” underscoring the value Mis Bordados attached to its relationship with Little
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English and in clear anticipation of a continuing relationship with Little English.
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Filed 20-CI-00808 02/28/2020
15 - Page
15. The next day, Shannon Latham, on behalf of Little English, responded by email to Carlos
Gomez telling him she would be “happy to show you our facility and take you to dinner
one of those nights.”
16. A true and correct copy of Latham’s response email is attached hereto as Exhibit B.
17. In Carlos Gomez’s email to Little English about his trip to America, he mentions his
intention to also visit Elizabeth McLean while in Lexington. See, Exhibit A.
18. Elizabeth McLean is the owner of Bliss Collections, LLC d/b/a Bella Bliss (hereinafter
“Bliss”), which also sells children’s clothing.
19. Upon information and belief, Mis Bordados manufactures clothing for both Little English
and Bliss.
20. Upon information and belief, Carlos Gomez communicated his intentions to travel to

America and visit customers in Lexington to Elizabeth McLean and mentioned his
intention to also meet with Shannon Latham, thereby informing McLean and Bliss that
Mis Bordados was manufacturing for Latham’s company, Little English.
21. Prior to founding Little English in 2004, Shannon Latham had been a business partner
with Elizabeth McLean in Bliss.
22. Latham sold her interest in Bliss and, approximately a year later, started Little English.
23. After Latham sold her interest in Bliss, McLean became angry and vindictive, filing a
lawsuit in 2005 styled Bliss Collection, LLC v. Latham Companies, LLC against Shannon
Latham’s new company, Latham Companies, LLC, in the United States District Court for
the Eastern District of Kentucky and seeking an injunction that would have prevented
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Latham Companies from selling certain of its products.
3
Filed 20-CI-00808 02/28/2020
15 - Page
24. Bliss threatened, by this lawsuit, to disrupt Little English’s business just as the brand was
starting to become established.
25. Bliss caused Latham Companies to incur substantial legal fees in its defense against
Bliss’s request for an injunction.
26. Upon information and belief, Bliss intended its lawsuit to have this disruptive effect upon
Little English’s business and instituted the lawsuit for this improper purpose.
27. Ultimately, Bliss’s attempt to obtain an injunction failed.
28. A true and correct copy of the Westlawnext.com report of the Memorandum Opinion and
Order denying Bliss’s motion for a preliminary injunction in Bliss Collection, LLC v.
Latham Companies, LLC is attached hereto as Exhibit C.
29. The parties resolved their dispute through an agreed settlement, the terms of which were

reduced to writing and acknowledged by each party on August 25, 2006, over thirteen
years ago.
30. A true and correct copy of that settlement agreement is attached hereto as Exhibit D.
31. As part of the settlement of their dispute, Bliss obtained Little English’s agreement to
refrain from using six particular manufacturers which were specifically set forth and
named in the settlement agreement.
32. Implicit in the settlement agreement is that Little English was free to utilize any
manufacturer not specifically excluded by the settlement agreement.
33. Mis Bordados was not one of the six manufacturers excluded by the settlement
agreement.
COM : 000004 of 000014
34. There is no restriction upon either Little English or Bliss from using Mis Bordados as a
manufacturer of their products.
4
Filed 20-CI-00808 02/28/2020
15 - Page
35. Little English had manufactured for over five years with Mis Bordados without issue or
interruption.
36. Upon information and belief, Bliss became aware of the fact that Mis Bordados was
manufacturing for Little English when Carlos Gomez contacted Latham and McLean
about the possibility of visiting their companies during his upcoming visit to the United
States.
37. Upon information and belief, McLean, on behalf of Bliss, then contacted Mis Bordados
and pressured Mis Bordados to cancel its visit to Little English.
38. On February 10, 2020, in response to an inquiry from Little English about Carlos
Gomez’s travel plans, he indicated that they would “need to reschedule the date for our
trip to the US.”

39. A true and correct copy of that email is attached hereto as Exhibit E.
40. Upon information and belief, McLean, on behalf of Bliss, also contacted Mis Bordados to
provide it with false information, including that it would constitute a “conflict of interest”
for Mis Bordados to manufacture for both Bliss and Little English.
41. It is not a “conflict of interest” for Mis Bordados to manufacture for both Bliss and Little
English.
42. It is a standard business practice for manufacturers to provide goods for multiple clients,
even when those clients are competitors.
43. Upon information and belief, McLean, on behalf of Bliss, threatened to pull Bliss’s
business with Mis Bordados unless Mis Bordados terminated its business relationship
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with Little English.
5
Filed 20-CI-00808 02/28/2020
15 - Page
44. Upon information and belief, Mis Bordados does more volume of business with Bliss
than Little English, giving Bliss significant leverage over Mis Bordados and the ability to
substantially negatively impact Mis Bordados’s financial well-being.
45. There was no legitimate business purpose for McLean and Bliss to threaten Mis
Bordados and to interfere with Mis Bordados’s business relationship with Little English.
46. McLean and Bliss’s purpose in making such a threat to Mis Bordados was to cause Mis
Bordados to terminate its relationship with Little English, thereby disrupting Little
English’s ability to do business.
47. As a result of Bliss’s improper interference, Little English will suffer financial harm and
injury to its brand and business good will.
48. Bliss’s threat achieved its intended purpose.

49. In response to McLean and Bliss’s threat, on or about February 22, 2020, Carlos Gomez
emailed Shannon Latham, to inform her that Mis Bordados will not continue to produce
garments for Little English.
50. A true and correct copy of Gomez’s email is attached hereto as Exhibit F.
51. Pursuant to the email, Mis Bordados’s decision to terminate its business relationship with
Little English was specifically in response to an alleged “conflict of interest between
customers that we produce for.”
52. Carlos Gomez indicates that he “regrets” the termination and “sincerely wish[es] it would
not have happened.”
53. Mis Bordados’s termination of its business relationship with Little English would not
COM : 000006 of 000014
have occurred but for the interference of this other customer, namely Bliss, with this
relationship.
6
Filed 20-CI-00808 02/28/2020
15 - Page
54. Little English had a valid business expectancy, based upon its prior business relationship
with Mis Bordados and recent communications to this effect, that Mis Bordados would be
preparing certain samples for Little English’s Spring 2021 line.
55. Due to the nature of the clothing industry, samples of garments for sale must be made
several seasons in advance.
56. The window for preparing samples for the Spring 2021 season is rapidly closing.
57. Mis Bordados has now refused to prepare samples for Little English’s Spring 2021 line.
58. Little English will be forced to incur additional business expenses in an effort to locate
another manufacturer to produce the samples for its Spring 2021 line.
59. Due to the specialized nature of the clothing to be manufactured, it will be difficult – and
perhaps impossible – for Little English to obtain another manufacturer to produce the

samples needed for its Spring 2021 line.
60. Due to current global events, finding a replacement manufacturer will be even more
difficult than normal.
61. Many potential manufacturers are located within China or other areas of Asia.
62. The outbreak of coronavirus in China has proved disruptive to manufacturing in the
region and Little English will likely not be able to use another manufacturer in this
region.
63. Additionally, manufacturing resources in other areas of the world are now more scarce or
more expensive as companies who have previously manufactured with Asian
manufacturers seek alternative manufacturing sources outside of Asia in response to the

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coronavirus outbreak.
7
Filed 20-CI-00808 02/28/2020
15 - Page
64. Disruption to Little English’s Spring 2021 line will result in damages including increased
business expenses, lost sales, and damage to Little English’s good will and brand.
COUNT I: BREACH OF CONTRACT
65. Plaintiff restates, realleges, and reiterates each and every prior paragraph as though set
forth fully herein.
66. A valid contract exists between Bliss and Little English by virtue of the parties’
settlement agreement.
67. The settlement agreement provides that Little English may not utilize six specifically
identified manufacturers.
68. It is an implied term of the settlement agreement that Little English is free to use any
manufacturer not specifically listed in the settlement agreement.

69. Bliss breached the parties’ contract by disrupting Little English’s business relationship
with a manufacturer that Little English could properly engage in business dealings with.
70. Futhermore, the settlement agreement provides that Bliss will not make false or
misleading statements about Little English’s company, members, or products.
71. Bliss breached the parties’ contract by making false or misleading statements about Little
English to a third-party, Mis Bordados, including that there exists a “conflict of interest”
between the two companies and/or their product lines.
72. Little English has suffered damages as a result of Bliss’s breach of the parties’ settlement
agreement in an amount to be established at trial.
COUNT II: BREACH OF DUTY OF GOOD FAITH AND FAIR DEALING

COM : 000008 of 000014
forth fully herein.
8
Filed 20-CI-00808 02/28/2020
Case: 5:20-cv-00217-CHB Vincent Riggs,
Doc #: 1-8 Filed: 05/22/20 Fayette
15 - Page
74. A valid contract exists between Bliss and Little English by virtue of the parties’
settlement agreement.
75. In Kentucky, there is a duty of good faith and fair dealing implicit in every contract.
76. This duty imposes upon the parties to the contract a duty to do everything necessary to
carry out the terms of the contract and to not prevent a party from exercising its
contractual rights.
77. It was an implied term of the parties’ settlement agreement that Little English could
properly carry out its children’s clothing business unhindered except that it could not
utilize six specifically named manufacturers in the production thereof.
78. Bliss has violated the duty of good faith and fair dealing by seeking to restrict Little
English’s ability to properly carry out its children’s clothing business by restricting its

ability to utilize the manufacturer of its choice.
79. Little English has suffered damages as a result of Bliss’s breach of its duty of good faith
and fair dealing in an amount to be determined at the trial of this matter.
COUNT III: TORTIOUS INTERFERENCE WITH CONTRACT
forth fully herein.
81. Little English and Mis Bordados had a valid contract by which Mis Bordados was to
provide manufacturing services for Little English.
82. Bliss gained knowledge of the existence of this contractual relationship.
83. Upon gaining knowledge of the existence of this contractual relationship, Bliss sought to
COM : 000009 of 000014
interfere with this contractual relationship and took steps to actively encourage and cause
Mis Bordados to breach its contract with Little English.
9
Filed 20-CI-00808 02/28/2020
15 - Page
84. Bliss’s interference with Little English’s contractual relationship was intentional.
85. Bliss’s interference resulted in Mis Bordados breaching its contract with Little English.
86. Little English has suffered damages as a result of Mis Bordados’ breach of their contract,
procured by Bliss, in an amount to be determined at trial.
87. Bliss had no privilege or justification to excuse its conduct.
88. Bliss was motivated by spite.
COUNT IV: TORTIOUS INTERFERENCE WITH BUSINESS

RELATIONS/EXPECTANCY
forth fully herein.
90. There existed a valid business relationship or expectancy between Little English and Mis

Bordados.
91. This relationship and expectancy is evidenced by, among other things, their history of
business dealings with each other, their mutual expectation for Mis Bordados to prepare
Little English’s Spring 2021 samples, and Mis Bordados’ stated intention to visit Little
English in furtherance of its relationship with this customer.
92. Bliss was aware of this relationship and expectancy.
93. Bliss learned through communications with Carlos Gomez that Mis Bordados was
manufacturing products for Little English.
94. Bliss intentionally interfered with Little English’s business relationship and expectancy
with Mis Bordados.

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95. After years of working together, Mis Bordados terminated its business relationship with
Little English shortly after Bliss learned of the existence of this relationship.
10
Filed 20-CI-00808 02/28/2020
15 - Page
96. Mis Bordados indicated in contemporaneous communications that the termination was
based on an alleged “conflict of interest” with another customer and expressed that Mis
Bordados did not wish for this termination.
97. Bliss’s owner McLean harbors ill will toward Little English’s owner and was motivated
by spite to interfere with Little English’s relationship with Mis Bordados.
98. There was no proper motive or justification for Bliss to have interfered with Little
English’s relationship with Mis Bordados.
99. Bliss’s interference caused Mis Bordados to terminate its relationship and business
expectancy with Little English and Little English has suffered damages in an amount to
be determined at trial.
100. Little English’s damages include increased business expenses, loss of profit, and

loss of business good will and/or damage to brand.
COUNT V: PUNITIVE DAMAGES
101. Plaintiff restates, realleges, and reiterates each and every prior paragraph as
though fully set forth herein.
102. KRS 411.184 authorizes punitive damages where a plaintiff shows by clear and
convincing evidence that a defendant acted toward the plaintiff with oppression, fraud, or
malice.
103. Bliss has acted toward Little English with oppression and malice in that it has
subjected the plaintiff to cruel and unjust hardship and has engaged in conduct
specifically intended to cause tangible or intangible injury to the plaintiff.

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104. Bliss is liable to Little English for punitive damages.
11
Filed 20-CI-00808 02/28/2020
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COUNT VI: ATTORNEY FEES
106. Attorney fees are recoverable from an adverse party in Kentucky if provided for
by a specific contractual provision.
107. The settlement agreement entered into by Bliss and Little English provides that
the “prevailing party shall be entitled to all costs and reasonable attorneys’ fees from the
non prevailing party.”
108. Little English is entitled, pursuant to this contractual provision, to an award in an
amount equal to the reasonable attorney fees and costs incurred by it in this action.
COUNT VII: DECLARATION OF UNENFORCEABILITY

AND/OR SCOPE OF ARBITRATION PROVISION
110. Pursuant to KRS 418.040, a plaintiff may ask for a declaration of rights from a
court of general jurisdiction where it is made to appear that an actual controversy exists.
111. The settlement agreement entered into by Bliss and Little English contains
language indicating that any dispute arising thereunder “will be resolved by final and
binding arbitration.”
112. Little English’s tort claims do not constitute a dispute arising under the contract
and, therefore, do not fall within the scope of the arbitration provision as written.
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113. Little English is entitled to a declaration that its tort claims are not subject to the
arbitration provision in the parties’ prior settlement agreement.
12
Filed 20-CI-00808 02/28/2020
15 - Page
114. Pursuant to Ally Cat, LLC v. Chauvin, 274 S.W.3d 451 (Ky. 2009), the language
in the parties’ settlement agreement requiring arbitration of any dispute arising
thereunder is unenforceable.
115. Subject matter jurisdiction to enforce an agreement to arbitrate is conferred upon
a Kentucky court only if the agreement provides for arbitration in this state.
116. An agreement to arbitrate which fails to include the required provision for
arbitration within this state is unenforceable in Kentucky courts.
117. The settlement agreement does not provide that the arbitration would occur within
Kentucky.
118. As such, the arbitration language in the settlement agreement is unenforceable by
a Kentucky court.

119. Little English is entitled to a declaration that the arbitration provision of the
parties’ settlement agreement is unenforceable as a matter of law.
120. Pursuant to Kentucky jurisprudence, if a provision of a contract is found to be
unenforceable, that provision shall not affect other provisions of the contract.
121. Little English is entitled to a declaration that the invalid arbitration language
should be stricken from the settlement agreement, but that all other language contained
therein remains in full force and effect.
WHEREFORE, Little English seeks the following relief by this action,
A. Leave to amend this Complaint upon the completion of discovery;
B. For a trial by jury on all issues so triable;

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C. Judgment against Bliss in an amount to be established by the evidence;
D. Punitive damages;
13
Filed 20-CI-00808 02/28/2020
15 - Page
E. Prejudgment and post-judgment interest;
F. Attorney’s fees and costs expended herein; and
G. For all other relief to which Little English may be entitled.
Respectfully submitted,
/s/ Karen C. Jaracz

Laurence J. Zielke
Karen C. Jaracz
Zielke Law Firm, PLLC
462 S. Fourth St., Suite 1250
Louisville, KY 40202
(502) 589-4600
lzielke@zielkefirm.com
kjaracz@zielkefirm.com
Counsel for Latham Companies, LLC
d/b/a Little English

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14
EXHIBIT H
Instagram post by a clothing boutique, Mondays Child Classic, which sells

both bella bliss and Little English garments, mis-tagging bella bliss as the
source of the swimsuits when they are produced by Little English, evidencing
consumer confusion occurring.
Instagram post from an influencer containing a large pile of clothing, wrongly tagging both bella
bliss and Little English as the source of the items, when the pile does not contain any bella bliss
garments, evidencing consumer confusion occurring.
Customer mis-tagging bella bliss as the source of her child’s

clothing, when the item is from Little English, evidencing
consumer confusion occurring.
Facebook thread evidencing consumers with the mistaken belief that

bella bliss is owned by the same individuals as Little English,
evidencing a wrongful association between the companies. (Annotated
added to depict the last comment in the thread).
EXHIBIT I
Screenshot of Facebook friend request by Little English from a staff member of bella bliss.
EXHIBIT J

255 East Fifth Street ^ Suite 1900
www.dinsmore.com
Anthony F. Bonner
(859) 425-1024 (direct) ^ (859) 425-1099 (fax)
May 11, 2020
VIA EMAIL: shannon@littleenglish.com;

customerservice@littleenglish.com
ORIGINAL VIA USPS CERTIFIED MAIL
Ms. Shannon Latham
Latham Companies, LLC,
d/b/a Little English
116 Venture Court #5
Lexington, KY 40511
Re: Repeated Infringement of bella bliss’s Intellectual Property Rights
Dear Ms. Latham:
Be advised that this firm represents Bliss Collections, LLC d/b/a Bella Bliss (“bella bliss”)
in regard its intellectual property and litigation matters. Please direct all future correspondence on
this matter to our attention.
This letter serves as official notice that if you and Latham Companies, LLC d/b/a Little
English (“Little English”), do not immediately and forever cease and desist creating, marketing,
producing, offering to sell, and selling infringing designs (including, but not limited to, confusingly
similar clothing designs, misappropriated applique and print designs, and confusingly similar
branding and other indicia), bella bliss will be forced to file suit in Federal District Court seeking
judicial relief.
As you know, bella bliss creates timeless, classic collections for every season that utilize
the finest, highest quality of fabrics and unique, one-of-a-kind designs that are machine washable
and realistic for busy families. Bella bliss creates its own prints and designs using the softest
fabrics for clothing that is 100% pure bliss.
Bella bliss owns numerous trademark and copyright applications and registrations, to
protect its bella bliss brand, attached hereto as Exhibits A and B (the “bella bliss Marks” and
the “bella bliss Copyrights,” respectively). Bella bliss has invested significant time and
resources in building the bella bliss Intellectual Property and associate brand, and
consequentially, has developed a reputation for high quality and has obtained a tremendous
amount of goodwill in the bella bliss Intellectual Property.
As you can see from the images below, Little English’s original logo is substantially
different from its current logo used today. Indeed, it has recently come to bella bliss’s attention
that Little English appears to have engaged in a pattern of bad behavior, modeling its logo and
designs off of bella bliss, with each iteration more emboldened and closer to bella bliss’s signature
looks, including the bella bliss Marks and bella bliss Copyrights.
Ms. Shannon Latham
May 11, 2020
bella bliss’s Signature Logo Little English’s Original Logo
bella bliss’s Signature Logo Little English’s Misappropriation in

which the L and e are stacked to
resemble a lowercase “b”
bella bliss’s Signature Logo Little English’s Misappropriation of bella

bliss’s signature light blue coloring and
lowercase letters
Bella bliss has also recently discovered that numerous designs and items produced by
Little English appear to be misappropriating bella bliss’s federally registered, incontestable
trademarks. Little English appears to be trying to pass off its brand as bella bliss and to be creating
consumer confusion in an attempt to profit off the goodwill of the bella bliss brand. A few non-
limiting examples of such misappropriation is attached hereto as Exhibit C.
The Lanham Act, 15 U.S.C. § 1114(1)(a), prohibits “any person....without consent of the
registrant [from] us[ing] in commerce any reproduction, counterfeit, copy, or colorable imitation of
a registered mark in connection with the sale, offering for sale, distribution, or advertising of any
goods or services on or in connection with which such use is likely to cause confusion, or to cause
mistake, or to deceive.” Moreover, 15 U.S.C. § 1125(a)(1)(A) prohibits “any person...on or in
connection with any goods or services, or any container for goods, [from] us[ing] in commerce
any word…which is likely to cause confusion, or to cause mistake, or to deceive as to the
affiliation, connection, or association of such person with another person, or as to the origin,
sponsorship, or approval or his over her goods, services, or commercial activities by another
person.”
Confusion is highly likely given the substantial similarities in the sight, sound, connotation
and commercial impression of the marks, as well as the indicia used on Little’ English’s website
and social media pages, and is already occurring. See Consumer Confusion Examples, attached
hereto as Exhibit D. We are confident without substantial changes by Little English, consumer
2
Ms. Shannon Latham
May 11, 2020
confusion will continue to occur. Additionally, bella bliss has uncovered almost identical use of its
designs in connection with the Travelin’ Trunk. We also have evidence of you targeting bella bliss
customers on Facebook. This repeated pattern of bad behavior is sufficient to hold you personally
liable.
Bella bliss has spent valuable resources in creating and maintaining the goodwill in its
bella bliss Marks and cannot allow any third party to damage this goodwill by encroaching upon
its rights and creating brand confusion or other irreparable harms to its business interest.
Because it appears that Little English’s misappropriation is a deliberate attempt to trade

on bella bliss’s reputation and the goodwill of its bella bliss Intellectual Property, bella bliss will be
entitled to attorneys’ fees, monetary damages, and treble damages under the Act for your
continued conduct. See 15 U.S.C. § 1125(c)(5). The Supreme Court recently held in Romag
Fasteners, Inc. v. Fossil Grp., Inc., No. 18-1233, 2020 U.S. LEXIS 2408 (Apr. 23, 2020) that a
plaintiff in a trademark infringement suit is not required to show that a defendant willfully infringed
the plaintiff’s trademark as a precondition to an award of profits. A winning plaintiff may be
awarded injunctive relief, damages, and the defendant’s ill-gotten profits. As stated by the
Supreme Court, “Section 1117(c) increases the cap on statutory damages from $200,000 to
$2,000,000 for certain willful violations.” Id. This award of damages is per infringing mark. 15
U.S.C. § 1051 et seq. (emphasis added).
It has recently also come to our attention that some of Little English’s designs blatantly
misappropriate bella bliss’s Copyrights. Bella bliss owns numerous copyright registrations and
has common law rights to all of its proprietary designs, as shown in Exhibit B. Little English
appears to be copying and reproducing these proprietary designs. Such misappropriation is
without authorization or consent from bella bliss. A few non-limiting examples of such infringement
are provided below:
Little English’s use of bella bliss’s Copyrights violates bella bliss’s exclusive rights under
17 U.S.C. § 106, or Section 106 of the United States Copyright Act of 1976. The Copyright Act
grants to the owner of a copyrighted work, inter alia, the exclusive right to copy, prepare derivative
works of, distribute and display, or authorize third parties to copy, prepare derivative works of,
distribute and display the copyrighted works. See 17 U.S.C. § 106(1)-(3), (5). 15 U.S.C. §
1114(1)(a) prohibits “any person....without consent of the registrant [from] us[ing] in commerce
any reproduction, counterfeit, copy, or colorable imitation of a registered mark in connection with
the sale, offering for sale, distribution, or advertising of any goods or services on or in connection
with which such use is likely to cause confusion, or to cause mistake, or to deceive.”
For a claim of copyright infringement, one must prove ownership of a valid copyright by
the plaintiff and unauthorized copying by the defendant. Wickham v. Knoxville Int'l Energy
Exposition, Inc., 739 F.2d 1094, 1097, 222 U.S.P.Q. (BNA) 778, 780 (6th Cir. 1984). In order to
prove copying by the defendant, the plaintiff may prove access to the protected work, as well as
substantial similarity between the works. Id.
Here, bella bliss owns numerous copyright registrations, including for the works shown
above. See Exhibit B. A certificate of registration constitutes prima facie evidence of the validity
of the copyright and of the facts stated in the certificate. Sem-Torg, Inc. v. K Mart Corp., 936 F.2d
851, 853 (6th Cir. 1991). Thus, the validity of bella bliss’s rights in the Works will not be in dispute.
Likewise, access by Little English is clear, given your history with the company and your
connection to Mis Bordados and other manufacturers of bella bliss. The glaring substantial
similarity will also be readily proven. Given the bad faith of Little English in attempting to profit off
the goodwill of bella bliss, we are confident we will be able to demonstrate willful infringement.
3
Ms. Shannon Latham
May 11, 2020
Thus, bella bliss will be entitled to enhanced statutory damages under 17 U.S.C. §504, for up to
$150,000.00 per infringing copy, as well as court costs and attorneys’ fees. 17 U.S.C. §504.
In bringing this matter to your attention, we anticipate that you will understand the
seriousness of the matter and will respect the intellectual property rights of bella bliss going
forward. Bella bliss takes violations of its intellectual property rights very seriously and has spent
valuable resources in researching, developing and marketing its items. Bella bliss will not allow
any third party to damage the value of its work by copying, creating derivative works, displaying
or distributing such works without authority, or cause other irreparable harms to its business
interest.
In light of the foregoing, bella bliss demands that you, Little English, and any other affiliated
parties, immediately and forever cease and desist all development, production, and sale of any
similar clothing, blanket, pillow, towel, or related children’s or adult items based in whole or in part
from the bella bliss Intellectual Property. Likewise, bella bliss demands that you, Little English,
and any other affiliated parties provide any and all current products based on bella bliss’s
proprietary designs, and provide an accounting of all profits earned in connection therewith for
payment over to bella bliss.
Bella bliss is prepared to vigorously defend its intellectual property rights in this matter. To
that end, bella bliss has drafted a Complaint in the United States District Court for the Eastern
District of Kentucky, and intends to file and formally serve same upon Little English absent
amicable conclusion of this matter. Please provide us with written assurances that you have
immediately halted infringing activity and will comply with our other requests within five (5)
business days of the date of this letter explaining the steps that will be taken and any further
actions that will be completed by you to ensure compliance.
This letter is written without prejudice to our client’s rights and remedies, including the right
to seek an injunction, disgorgement of profits, and attorney’s fees, all of which are expressly
reserved. We look forward to promptly hearing from you. Let us know if you have any questions.
Sincerely,
Anthony F. Bonner
cc: Ms. Ashley J. Earle, Esq.

Ms. Lisa McLean
Mr. Pope McLean
Ms. Kelley Farish
Mr. William Farish, Jr.
4
Ms. Shannon Latham
May 11, 2020
Exhibit A
App. No.
Trademark Goods/Services
Reg. No.
B & Design RN: 3469536 (Int'l Class: 18)
SN: 78816776 duffel bags, and tote bags

SN: 78816785 children's clothing, namely, sweaters, dresses,
hats, pajamas, rompers and infant sleepers

SN: 78816761 bed blankets
B & Design SN: 78816807 (Int'l Class: 16)

envelopes for stationery use, office paper
stationery, office stationery, paper stationery,
stationery boxes, stationery cases, stationery
folders, stationery writing paper and envelopes,
and stationery-type portfolios
BELLA BLISS RN: 3813454 (Int'l Class: 20)

SN: 77843945 pillows
(Int'l Class: 24)
children's blankets and blanket throws
(Int'l Class: 25)
children's clothing, namely, sweaters, shirts, pants,
dresses, hats, pajamas, rompers and sleepers
PRECIOUS.PURE.B RN: 5435914 (Int'l Class: 18)

LISS SN: 87113403 duffel bags; tote bags
(Int'l Class: 24)
bed blankets
(Int'l Class: 25)
5
Ms. Shannon Latham
May 11, 2020
App. No.
Trademark Goods/Services
Reg. No.
children's clothing, namely, sweaters, dresses,
hats, pajamas, rainwear, rompers and infant
sleepers
B & Design SN: 88900724 (Int’l Class 18)

(light blue color Baby backpacks; Bags for carrying babies'
claimed) accessories
(Int’l Class: 24)
Baby bedding, namely, bundle bags, swaddling
blankets, crib bumpers, fitted crib sheets, crib
skirts, crib blankets, and diaper changing pad
covers not of paper; Baby blankets
(Int’l Class: 25)
Baby bodysuits; Baby bottoms; Baby tops; Coats
for babies, children, and infants; Dresses for
babies, children, and infants; Hats for infants,
babies, toddlers and children; Headwear for
babies, children, and infants; Jackets for babies,
children, and infants; Pajamas for babies, children,
and infants; Pants for babies, children, and infants;
Shirts for infants, babies, toddlers and children;
Shoes for babies, children, and infants; Sweaters
for babies, children, and infants; Sweatpants for
babies, children, and infants; Sweatshirts for
babies, children, and infants; T-shirts for babies,
children, and infants
BABY BLISS SN: 88900725 (Int’l Class: 24)

Baby bedding, namely, bundle bags, swaddling
blankets, crib bumpers, fitted crib sheets, crib
skirts, crib blankets, and diaper changing pad
covers not of paper; Baby blankets
(Int’l Class: 25)
Baby bodysuits; Baby bottoms; Baby tops; Coats
for babies, children, and infants; Dresses for
babies, children, and infants; Hats for infants,
babies, toddlers and children; Headwear for
babies, children, and infants; Jackets for babies,
children, and infants; Pajamas for babies, children,
and infants; Pants for babies, children, and infants;
Shirts for infants, babies, toddlers and children;
Shoes for babies, children, and infants; Sweaters
for babies, children, and infants; Sweatpants for
babies, children, and infants; Sweatshirts for
babies, children, and infants; T-shirts for babies,
children, and infants
6
Ms. Shannon Latham
May 11, 2020
Exhibit B
Date Copyright Registration

Title
Registered Number
Bella Bliss, by Bliss Collection, specialty 2003 VA0001324226
sweaters and classic clothing for children,
fall 2004 ; Bella Bliss, by Bliss Collection,
specialty sweaters and classic clothing for
children, spring 2004
Bliss Collection 2003 2002 VA0001302967
Bliss Collection 2005 (fabric design) 2004 VA0001306368
Bliss collection I (fabric design), 2001 2000 VA0001317718
Bliss Collection I (fall fabric design) 2002 2001 VA0001322213
Bliss Collection I (pictorial) 2002 2005 VAu000666704
Bliss Collection I (pictorial) 2004 2005 VAu000666702
Bliss Collection I (spring fabric design) 2001 VA0001322214

2002
Monkey Design 2020 VA0002200882
Butterfly Design 2020 VA0002200994
Frog Design 2020 VA0002200997
Snail Design 2020 VA0002200999
Submarine Design 2020 VA0002200870
7
Ms. Shannon Latham
May 11, 2020
Exhibit C
bella bliss’s Little English’s

Signature Swim Trunks Misappropriation
Launched Spring 2017 Spring 2018
bella bliss’s Little English’s Misappropriation

Signature Bubble, Fall 2011 Fall 2014

Signature blue knit cherry sweater Misappropriation
8
Ms. Shannon Latham
May 11, 2020

signature paddock design Misappropriation
launched in 2002
9
Ms. Shannon Latham
May 11, 2020

hand-drawn design; Misappropriation
bella bliss’s proprietary 2017
Frog Design
Fall 2002
10
Ms. Shannon Latham
May 11, 2020

Signature Eloise blouse and jumper Misappropriation
Launched Fall 2012 Fall 2013
11
Ms. Shannon Latham
May 11, 2020

hand-drawn snail design; Misappropriation
bella bliss’s signature 2018
Snail design drawn in 2003
Launched Fall 2004

hand-drawn butterflies; Misappropriation
bella bliss’s signature butterfly design 2018
Fall 2002
12
Ms. Shannon Latham
May 11, 2020

Signature Sailor Bubble Misappropriation
Launched Spring 2015 Spring 2020

custom jungle print Misappropriation
2012 2020
13
Ms. Shannon Latham
May 11, 2020

hand-drawn monkey design; Misappropriation
bella bliss’s Signature Monkey 2018
Design

hand-drawn submarine Misappropriation
2009 2018
14
Ms. Shannon Latham
May 11, 2020

Hand-drawn turtle design; Misappropriation
bella bliss signature turtle design, 2019
Spring/Summer 2007 and 2013 catalogs
15
Ms. Shannon Latham
May 11, 2020

hand-drawn whale design; Misappropriation
bella bliss’s whale design 2018
Fall 2002
Bella Bliss’s Travelin’ Trunk’s Misappropriation

Signature Dragonfly Sweaters
Launched 2005
16
Ms. Shannon Latham
May 11, 2020
bella bliss’s Travelin’ Trunk’s

hand-drawn helicopters; Misappropriation
bella bliss’s signature helicopter 2018
design
2009
17
Ms. Shannon Latham
May 11, 2020
Exhibit D
Notably, not a single one of these pieces is a bella bliss garment.
18
Ms. Shannon Latham
May 11, 2020
19
Ms. Shannon Latham
May 11, 2020
20
EXHIBIT K
Zielke Law Firm, PLLC

462 S. 4TH STREET
SUITE 1250
LOUISVILLE, KY
40202-3465
(502) 589-4600
LAURENCE J. ZIELKE WWW.ZIELKEFIRM.COM
OF COUNSEL
lzielke@zielkefirm.com
May 18, 2020
via email
ashley.earle@dinsmore.com
Mr. Anthony F. Bonner

Ms. Ashley J. Earle
Dinsmore & Shohl, LLP
255 East Fifth Street
Suite 1900
Re: Continuing harassment by Bella Bliss and its interference with Little English’s
business endeavors
Dear Mr. Bonner:
I am in receipt of your letter of May 11, 2020. Please be advised that Latham
Companies, LLC is represented by Zielke Law Firm, PLLC, and you should address any further
communication to me and my law partner, Karen Jaracz, jointly.
Little English flatly and unequivocally denies the baseless allegations made by Bella
Bliss of misappropriation of its intellectual property. Your client’s assertions are false and ill-
founded, both in fact and in law. The threat of litigation conveyed by your letter is part of a
continuing pattern by Bella Bliss of interference, without justification, in Little English’s
business, motivated by the spite and malice of its owner, Lisa McLean.
Bella Bliss did not create the genre known as classic children’s clothing or the well-
defined aesthetic which is its hallmark. As your clients are well-aware, classic children’s
clothing is built on long-existing pattern staples such as day gowns, jon jons, button-ons,
May 18, 2020

Page 2 of 4
bubbles, and pinafores. These pieces are crafted from traditional textile designs such as
gingham, eyelet, seersucker, and floral prints and finished with techniques such as smocking and
shadow embroidery. Color palettes are typically minimal and pastel.
Little English proudly designs each of its own pieces and denies that it has ever sought to
imitate the work of any competitor, least of all Bella Bliss. All competitors within the market are
guided by the general aesthetics for which the genre is known. Classic children’s clothing
existed stylistically before Bella Bliss was ever formed and your client cannot claim any
protectable interest in the general design elements of classic children’s clothing.
Indeed, as you are no doubt aware, clothing is a “useful article” and neither the finished
piece nor particular elements essential to the garment are generally protected or copyrightable.
The United States Supreme Court has stated unequivocally that a clothing manufacturer cannot
“prevent anyone from manufacturing [a clothing item] that is identical in shape, cut, or
dimensions.” Star Athletica, L.L.C. v. Varsity Brand, Inc., 137 S.Ct. 1002, 1006 (2017). Your
client, then, would have no protectable interest in patterns or general designs and any claim
pursued on this theory would fail as a matter of law.
Your letter identifies five designs and one fabric over which Bella Bliss allegedly has
copyright protection. We have had the opportunity to review the photographs you provided and
find no infringement. This is no surprise given that Little English independently designs each of
its pieces.
Notably, your letter fails to elucidate what aspects of the designs your client believes
would render them protectable and further fails to provide any analysis as to whether the Little
English designs and Bella Bliss designs bear any similarity with respect to these elements. The
designs over which Bella Bliss claims protection are of naturally-existing animals (frogs, turtles,
snails, etc), undermining the argument that the depictions contain original work. To prevail on a
copyright infringement claim, your client would have to establish what makes its design unique
and protectable. Elements common to the topic being depicted are scenes a faire. That two
companies would have green frog designs is not unusual or indicative of copying; frogs are green
– this is a work of nature, not an original artistic expression. See, e.g., Winfield Collection, Ltd.
v. Gemmy Industries, Corp., 147 Fed.Appx.547 (6th Cir. August 29, 2005)(“It was thus correct
noting that elements such as a flowing cape, curled boots, black clothing, and a broom are scenes
a faire for a witch, or at least so abstract as to constitute unprotectible ideas rather than
particularized expression.”). As with the yellow duck designs over which Bella Bliss attempted
to claim copyright protection previously, we do not believe that Bella Bliss would be successful
in establishing that these generic designs are even protectible.
Indeed, the generic designs and motifs over which Bella Bliss claims protection are
frequently seen on children’s clothing. An internet search reveals, for example, that Target is
currently carrying a line by Carter featuring cartoon turtles. (Exhibit 1). Blue sweaters with
cherries are currently available both at sears.com (by Gucci) and on amazon.com. (Exhibit 2).
Macy’s lists a body suit by First Impressions bearing a snail, as does “Mom n Me,” a brand that
is attempting to emulate classic children’s clothing. (Exhibit 3). Remembering Nguyen has a
May 18, 2020

Page 3 of 4
helicopter shortall this spring. (Exhibit 4). I don’t think we even have to address the “yellow
submarine,” given the popularity of this concept due to the famous Beatles song. Please advise
whether you have made similar claims of copyright infringement against these entities. To fail to
do so would undermine your claim that you have a protectable design and would further
highlight that any infringement claims pursued only against Little English are retaliatory in
nature.
Your allegation of trademark infringement hardly warrants a response. The trademarked

corporate names Little English and Bella Bliss do not sound remotely similar and do not have a
similar written appearance. As you are likely aware, Little English is a registered trademark.
(SN 3243732). In order to obtain this certification, the United States Patent and Trade Office
reviewed Little English’s application and determined there was no “likelihood of confusion”
with any existing trademark, undermining your arguments.
As for the graphic logo, it is beyond comprehension that anyone would confuse Bella
Bliss’s logo, with the appearance of a stitched lowercase “b,” with the fully-written script words
“little english”. You cite no authority for the proposition that, because Bella Bliss’s logo is light
blue and contains lowercase letters, this would bar every other company from utilizing a light
blue color with lower case letters in its logo. 1 In fact, the Supreme Court has rejected the notion
that color is distinctive and protectable absent proof that it has acquired secondary meaning
(which you do not allege). Wal-Mart Stores, Inc. v. Samara Bros., Inc., 529 U.S. 205, 211
(2000).
Likewise, you fail to offer competent evidence of any brand confusion. Your first
proffered example does not illustrate brand confusion; it illustrates “hashtag stuffing” and
“hashtag bragging,” forms of hashtag abuse whereby someone uses copious hashtags, even if
only marginally related to their post, to try to garner as much attention as possible and uses the
hashtag of another to try to elevate the perception of their post. This is a common tactic of
fashion influencers. Other examples of the practice are included here as Exhibit 6. Contrary to
establishing that there is brand confusion, this consignment shop’s Instagram post establishes
awareness of the fact that Little English and Bella Bliss are separate brands with different
customer bases, and it is attempting to appeal to both bases.
Your second example of alleged brand confusion is particularly interesting to us since it

indicates the comments shown therein are responses to your client’s comment on a post by
Kasey Rivera. It is notable that you’ve left your client’s comment off this thread. Please
produce a copy of the full thread to provide appropriate context. Ultimately, however, this
example again establishes that consumers in this market are discerning and recognize that Little
English and Bella Bliss are two distinct brands.
I encourage you to revisit this matter with your client before taking any further steps
1
We note that it was only as of May 5, 2020 that Bella Bliss has ever claimed the color of its logo to be a “feature of
the mark.” Since 2006, your filings have specifically disclaimed that color was a feature of the mark. (See, Exhibit
5, Registration No. 3321192). As you know, listing a color on your image trademark is a limitation on the mark,
and does not operate to bar use of the color in distinguishable trademarks.
May 18, 2020

Page 4 of 4
toward litigation. First, it appears you may be mis-informed on some key factual information
relevant to this matter. For example, your letter contains a claim that Travelin’ Trunk
misappropriated a design of Bella Bliss in 2018, but even a cursory review of Travelin’ Trunk’s
Facebook page would have alerted you to the fact that Travelin’ Trunk has not operated since
2015. (Exhibit 7, Travelin’ Truck Facebook post).
Secondly, as set forth above, Bella Bliss’s claims are not legally supportable. Are your
clients aware that the Copyright Act grants the prevailing party an award of its attorney’s fees
and that, if it is unsuccessful on its claims, it will potentially be liable to Little English for the
reasonable attorney fees incurred in raising its defense to any action instituted against it?
Fogerty v. Fantasy, Inc., 510 U.S. 517 (1994).
Additionally, bringing unfounded claims for copyright infringement opens your clients
up to a claim for wrongful use of civil proceedings. In Kentucky, the institution of judicial
proceedings which terminates in favor of the defendant and which was brought for a purpose
other than “securing the proper adjudication of the claim” may give rise to a cause of action for
wrongful use of civil proceedings. Bella Bliss is currently the defendant in business litigation
brought by Little English. It is telling that Bella Bliss would threaten litigation only after Little
English brought its Fayette Circuit Court suit to address Bella Bliss’s wrongful actions in
tortiously interfering with Little English’s relationship with Mis Bordados. Clearly, the
threatened litigation is retaliatory and intended merely as a tactical maneuver, rather than the
legitimate pursuit of a resolution of a legal dispute over intellectual property.
At the very least, Bella Bliss’s threat is but another example of its malicious and spiteful
interference with Little English’s business. Your clients should expect to see your letter as an
exhibit in the Fayette Circuit Court case, in support of its claims for punitive damages.
We encourage Bella Bliss to reevaluate its position in light of the clear legal authority on
this matter. If it continues forward with its ill-advised plan to file suit, we will defend vigorously
and, upon achieving a successful result for Little English, seek recovery of our attorneys’ fees
expended and take any steps necessary to prevent further abuse, harassment, and interference by
Bella Bliss with Little English’s business.
Sincerely,
/s/ Laurence J. Zielke
Laurence J. Zielke
Enclosures
5/18/2020 Case: 5:20-cv-00217-CHB Doc #: 1-12 Turtle
Filed: 05/22/20
Baby EXHIBIT
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EXHIBIT 2
5/18/2020 Case: 5:20-cv-00217-CHB Doc #:
Gucci Childrens 1-12
Navy Filed:Cherry
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36 Months - Page
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Sweaters Filed:Sweater
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5/18/2020 Case: 5:20-cv-00217-CHB
First ImpressionsDoc
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Boys Filed:Created
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ID#: 170
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A sweet little snail crawls across

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★
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5/18/2020 Case: 5:20-cv-00217-CHB
Mom n MeDoc #: 1-12
Snail Mail Filed:
aqua shortall with 05/22/20
smocked snails.Page:
Very cute11
andof 18 - the
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Home | Mom n Me | Mom n Me Boys Clothes | Mom n Me Snail Mail aqua shortall with smocked snails. Very cute and matches the
girls.
Home | Baby Clothes | Baby Clothes Spring/Summer | Spring Boys Baby Clothes | Mom n Me Snail Mail aqua shortall with smocked
snails. Very cute and matches the girls.
Mom n Me Snail Mail aqua short

all with smocked snails. Very cut
e and matches the girls.
Item# Smocked-Baby-Boy-clothes-sale--s3120019bi
Regular price: $49.50 Sale price: $24.75
Size: 3m
Availability: Usually ships the same business day.
Qty: 1
Mom n Me Snail Mail aqua shortall with smocked snails. Very

cute and matches the girls.
Like Be the first of your friends to like this.
https://www.cutestkidontheblock.com/momnmesnmaaq2.html 2/3
5/18/2020 Case: 5:20-cv-00217-CHB Doc #: 1-12 Filed:
Remember 05/22/20
Nguyen Page: 12 of 18 - Page ID#:EXHIBIT
Helicopter Shortall. 172 4
Petit Ami Spring/Summer Clothes
Petit Bebe
Petit Bebe Girls
Petit Bebe Boys
Kissy Kissy
Kissy Kissy Spring/Summer Girls
Kissy Kissy Spring/Summer Boys Infant
Kissy Kissy Year Round Infant
Kissy Kissy Fall/Winter Girls Infant
Kissy Kissy Boys Fall/Winter Infant
Kissy Kissy Toddler
Magnolia Baby
Girls Magnolia Baby
Boys Magnolia Baby
Squiggles
School Uniforms
Store Policy
.
Home | Remember Nguyen | Remember Nguyen Spring/Summer | Remember Nguyen Boys Infant | Remember Nguyen Helicopter
Shortall.
Home | Baby Clothes | Baby Clothes Spring/Summer | Spring Boys Baby Clothes | Remember Nguyen Helicopter Shortall.
Remember Nguyen Helicopter S

hortall.
Item# newitem1448519945
Regular price: $59.50 Sale price: $17.85
size: 3m
Availability: Usually ships the same business day.
Qty: 1
Remember Nguyen Helicopter Shortall. In light blue gingham,

your little pilot will look sharp in this flight-themed shortall. Our
signature one-piece features a trio of bright, hand-stitched
helicopters across the smocked bodice. Buttons at the shoulders
and snaps underneath on sizes up to 2T assist with dressing.
Like Be the first of your friends to like this.
https://www.cutestkidontheblock.com/renghesh.html 2/3
Trademark 05/22/20
Electronic Page:
Search System EXHIBIT
13 of 18 - Page ID#:
(TESS) 173 5
United States Patent and Trademark Office
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Record 1 out of 1
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TESS)
Word Mark B
Goods and IC 025. US 022 039. G & S: Children's clothing, namely, sweaters, dresses, hats, pajamas, [ rainwear, ]
Services rompers and infant sleepers. FIRST USE: 20060731. FIRST USE IN COMMERCE: 20060731
Mark Drawing
(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Code
Code 26.11.21 - Rectangles that are completely or partially shaded
Trademark
Search Facility ART-09.01 Textiles other than clothing
Classification LETS-1 B A single letter, multiples of a single letter or in combination with a design
Code
Serial Number 78816785
Filing Date February 16, 2006
Current Basis 1A
Original Filing
1B
Basis
Published for
October 10, 2006
Opposition
Registration
3321192
Number
Registration Date October 23, 2007
Owner (REGISTRANT) Bliss Collection LLC LIMITED LIABILITY COMPANY KENTUCKY 209 North Limestone
Lexington KENTUCKY 40507
Attorney of
Anthony F. Bonner, Jr.
Record
Description of Color is not claimed as a feature of the mark. The mark consists of a stylized "b" that consists of thread to
Mark create the image of the letter "b".
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20171106.
tmsearch.uspto.gov/bin/showfield?f=doc&state=4801:ua5mjv.2.1 1/2
Trademark 05/22/20
Electronic Page:
Search System 14 of 18 - Page ID#: 174
(TESS)
Renewal 1ST RENEWAL 20171106

Live/Dead
LIVE
Indicator
|.HOME | SITE INDEX| SEARCH | eBUSINESS | HELP | PRIVACY POLICY
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(1242×2208) Page: 15 of 18 - Page ID#: 175
EXHIBIT 6
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5/18/2020 Case: 5:20-cv-00217-CHB Doc #: 1-12 Mail
Filed: 05/22/20
- Karen EXHIBIT 7
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Jaracz - Outlook
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U.S. Department of Justice PROCESS RECEIPT AND RETURN
United States Marshals Service See "Instructions for Service of Process by U.S. Marshal"
PLAINTIFF COURT CASE NUMBER

Bliss Collection, LLC d/b/a/ Bella Bliss 5:20-mc-9999
DEFENDANT TYPE OF PROCESS
Latham Companies, LLC d/b/a Little English
NAME OF INDIVIDUAL, COMPANY, CORPORATION. ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO SEIZE OR CONDEMN
SERVE
AT { Ms. Shannon Latham
ADDRESS (Street or RFD, Apartment No., City, State and ZIP Code)
116 Venture Court #5, Lexington, KY 40511

SEND NOTICE OF SERVICE COPY TO REQUESTER AT NAME AND ADDRESS BELOW Number of process to be
served with this Form 285 1
Anthony Bonner
Dinsmore & Shohl LLP Number of parties to be
served in this case 1
100 West Main Street, Suite 900
Lexington, KY 40507
Check for service
on U.S.A.
SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE (Include Business and Alternate Addresses,
All Telephone Numbers, and Estimated Times Available for Service):
Fold Fold
s/Anthony F. Bonner Jr./

Signature of Attorney other Originator requesting service on behalf of: ✘ PLAINTIFF TELEPHONE NUMBER DATE
DEFENDANT 8254251024 5/22/20
SPACE BELOW FOR USE OF U.S. MARSHAL ONLY-- DO NOT WRITE BELOW THIS LINE
I acknowledge receipt for the total Total Process District of District to Signature of Authorized USMS Deputy or Clerk Date
number of process indicated. Origin Serve
(Sign only for USM 285 if more
than one USM 285 is submitted) No. No.
I hereby certify and return that I have personally served , have legal evidence of service, have executed as shown in "Remarks", the process described
on the individual , company, corporation, etc., at the address shown above on the on the individual , company, corporation, etc. shown at the address inserted below.
I hereby certify and return that I am unable to locate the individual, company, corporation, etc. named above (See remarks below)
Name and title of individual served (if not shown above) A person of suitable age and discretion
then residing in defendant's usual place
of abode
Address (complete only different than shown above) Date Time
am
pm
Signature of U.S. Marshal or Deputy
Service Fee Total Mileage Charges Forwarding Fee Total Charges Advance Deposits Amount owed to U.S. Marshal* or
including endeavors) (Amount of Refund*)
$0.00
REMARKS:
DISTRIBUTE TO: 1. CLERK OF THE COURT PRIOR EDITIONS MAY BE USED

2. USMS RECORD
3. NOTICE OF SERVICE
4. BILLING STATEMENT*: To be returned to the U.S. Marshal with payment,
if any amount is owed. Please remit promptly payable to U.S. Marshal. Form USM-285
5. ACKNOWLEDGMENT OF RECEIPT Rev. 11/13

Bliss Collection v. Latham Companies (Little English) - Complaint

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Bliss Collection v. Latham Companies (Little English) - Complaint

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Case: 5:20-cv-00217-CHB Doc #: 1 Filed: 05/22/20 Page: 1 of 49 - Page ID#: 1

UNITED STATES DISTRICT COURT

This is an action by plaintiff Bliss Collection, LLC, doing business as

copyright infringement under 17 U.S.C. § 410, willful trademark infringement under

competition pursuant to 15 U.S.C. § 1125(a) and the common law of the

Commonwealth of Kentucky, and deceptive trade practices under the Consumer

II. PARTIES, VENUE AND JURISDICTION

1. Bliss Collection, LLC is a Kentucky Limited Liability Company doing

business as “bella bliss,” with an address of 800 Winchester Road, Lexington,

2. Upon information and belief, Latham Companies, LLC is a Kentucky

Venture Court #5, Lexington, Kentucky 40511.

Lanham Act, 15 U.S.C. §§ 1051-1141, specifically 15 U.S.C. § 1125(a), and

jurisdiction is proper in accordance with 15 U.S.C. § 1121 and 28 U.S.C. §§ 1338(a)

4. Additionally, this Court has pendant, ancillary and/or supplemental

under Article III of the United States Constitution.

belief, Little English’s principal place of business is located within the

Commonwealth of Kentucky in Lexington, KY and at least some of the harm has

occurred here in the Commonwealth of Kentucky. Furthermore, Little English

transacts business in the Commonwealth of Kentucky, has committed the acts

and/or consumed in the Commonwealth of Kentucky. Specifically, upon information

intellectual property in the Commonwealth of Kentucky and has thus purposefully

availed itself of the privilege of doing business in the Commonwealth of Kentucky.

6. Venue is proper pursuant to 28 U.S.C. § 1391, for at least the reason

III. FACTUAL BACKGROUND

a) Bella bliss and its bella bliss Intellectual Property

7. Bella bliss is a high-end infant, children, and women’s boutique

originally founded in 1999.

8. Bella bliss creates signature, heirloom-quality pieces for a very

crochet details not found in other boutiques and retailers.

readily identify bella bliss as the source.

McLean, Ms. Shannon Latham, and Ms. Jennifer Vernooy.

11. Bella bliss was established with a mission of empowering women in

manufacture the goods to completion.

13. Ms. McLean of bella bliss personally sketches, designs, and

a year to eighteen months in advance.

14. Bella bliss creates items, mainly children’s clothing, swimwear,

functionality, which is particularly important in children’s clothing, as children are

not able to articulate when clothing is ill-fitting or uncomfortable, and families

research and development, consumer feedback, and market studies.

items that it is today through hard work and dedication.

creating one-of-a-kind heirloom pieces with very distinctive designs attributed to

bella bliss and readily identifiable by consumers.

reworked to avoid replication in the market.

feedback on its clothing items.

22. Bella bliss allocates extensive resources to marketing and

advertisement, sending out a substantial number of catalogs of its designs each

and distribution, with an immense investment made to shoot in upscale, unique

locations and provide creative content.

23. In the current economy, bella bliss’s direct-to-consumer model requires

Magazine, Vogue, Martha Stewart Weddings, Southern Living, Oprah’s Favorite

Things, and Town & Country.

lowercase underneath the “b.”

numerous active federal trademark registrations on the Principal Register of the

trademark registrations and pending applications is attached hereto as Exhibit A.

children’s clothing, namely, sweaters, dresses, hats, pajamas, rainwear, rompers

least as early as July 31, 2006.

least as early as July 31, 2006.

commerce at least as early as July 31, 2006.

2001, with established acquired distinctiveness in the marketplace.

social media pages, attached hereto as Exhibit C.

35. U.S. Registration Nos. 3,813,454, 5,435,914, 3,321,192, 3,327,352, and

Registration Nos. 3,813,454, 5,435,914, 3,321,192, 3,327,352, and 3,469,536 are

to collectively as the “bella bliss Marks.”

Kentucky and the whole United States.