Breach of Settlement Agreement, and Trademark and Copyright Infringement Lawsuit Filed Against Affliction Clothing

Los Angeles, CA – Chrome Hearts, LLC sued clothing and accessories designer Affliction, Inc. for trademark infringement, Lanham Act § 43(a) unfair competition, copyright infringement, and breach of settlement agreement. Chrome Hearts is also in the clothing and accessories business and has registered the “CH Plus” design trademark – depicted herein – with the USPTO for use on several goods and services, including clothing and headwear. Chrome Hearts has also obtained a copyright registration for the cross design as used on jewelry.

In March of 2009, Plaintiff alleges that it discovered Affliction was selling and distributing headwear that had a confusingly similar CH PLUS design trademark. But instead of filing a lawsuit, the parties entered into a settlement agreement in which Affliction agreed to cease and desist from using the CH Plus design mark. In October of 2009, however, Chrome Hearts allegedly discovered that Affliction had not ceased its use of the CH Plus design mark and was continuing to sell products under the infringing mark. The case is Chrome Hearts, LLC v. Affliction, Inc. , CV 09-7780 AHM (C.D. Cal. 2009).