Hearing Date: 6/15/2020 10:00 AM - 10:00 AM

Courtroom Number: 2410

FILED
Location: District 1 Court
2/14/2020 2:57 PM
Cook County, IL
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS DOROTHY BROWN
CIRCUIT CLERK
COUNTY DEPARTMENT, CHANCERY DIVISION
COOK COUNTY, IL
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DISTRIBUTORS, LLC, ) 8490540
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N KASIA MALGORZATA, individually, )
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~ OCCASION BOUTIQUE, KEITH )
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COMPLAINT FOR INJUNCTIVE RELIEF AND DAMAGES

Plaintiff, EVA'S INTERNATIONAL BRIDAL DISTRIBUTORS, LLC. (hereinafter

"Eva's"), by its attorneys, Mark D. Wetterquist & Associates, for its complaint against

Defendants, KASIA MALGORZATA ("Malgorzata"), individually, and d/b/a KASIA'S

BRIDAL & SPECIAL OCCASION BOUTIQUE, KEITH KOKORUZ ("KoKoruz"),

individually, and d/b/a WINDY CITY WEDDING SHOW ("Windy City"), collectively "the

Defendants"), states and alleges as follows:

Cause of Action

1. This action arises from the Defendants' willful misappropriation of Eva's rights in

and to its original, copyrighted and highly distinctive use of the trade name "Pop Up Bridal

Sales" and related marketing, print advertising, pricing, photos, designer relationships, displays,

decorations and product presentations that were created by Eva's and specific to Eva's operations

in the name of Pop Up Bridal Sales.

2. This action is for tradename infringement, unfair competition and false

designation of origin, under 15 U.S.C. § 1125(a), copyright infringement under 17 U.S.C. § 101 et

seq., and related state and common law claims. Eva's seeks a preliminary and permanent
 injunction and damages, including treble damages and attorneys' fees for willfulness under 35

<O U.S.C. §284 and §285, 15 U.S.C. §1117 and 17 U.S.C §505, against the Defendants, preventing
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the Defendants from further use, infringement and/or operations which infringe directly or
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indirectly upon Eva's rights under the Lanham Act, its rights under the Copyrights Act, State law

and at common law, and from otherwise competing unfairly with Eva's and interfering with its

valid business expectancy.

Parties

3. Plaintiff, EVA'S INTERNATIONAL BRIDAL DISTRIBUTORS, LLC., is an

Illinois limited liability company with its principal place of business located at 15180 South

LaGrange Road, Orland Park, Illinois.

4. Upon information and belief, Defendant, KASIA MALGORZATA is an

individual residing and doing business in the County of Cook, State of Illinois.

5. Upon information and belief, Defendant, KEITH KOKORUZ, is an individual

residing in the Village of Arlington Heights, State of Illinois and doing business in the County of

Cook, Illinois.

Background Facts

6. Over the past forty (40) years, plaintiff has been operating multiple Bridal and

Bridesmaid sales businesses in the name of Eva's Bridal (several store locations) and other entities,

including Pop Up Bridal Sales and Midwest Bridal Distributors.

7. Eva's has invested substantial monies, time, ingenuity and effort to create and

develop marketing, advertising, pricing, photos, designer relationships, displays, decorations and

product presentations in pursuit of its various Bridal and Bridesmaid sales ventures.

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 8. On July 14, 2019, Eva's first created, developed and began using continuously the

coeo business name "Pop Up Bridal Sales" and close variations of Pop Up Bridal Sales (referred to
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hereinafter collectively as "Pop Up Bridal Sales").
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u: 10. At one of Eva's first events in the name of "Pop Up Bridal Sales" on or about

September 2019 ("Eva's First Pop Up Event") the defendant, Malgorzata, attended Eva's display

area and took many photographs ("Malgorzata's Photographing") of Eva's Advertising Materials

and Style of Doing Business specific to its operation in the name of Pop Up Bridal Sales.

11. Shortly after Malgorzata's attending Eva's First Pop Up Event, on information and

belief, Malgorzata established a Facebook page and website both using the name of "Pop Up

Bridal Sales" and containing Eva's Advertising Materials and Style of Doing Business, including

marketing, advertising, pricing, photos, designer relationships, displays, decorations and product

presentation that were previously developed, created and used by Eva's.

12. On or about October 24, 2019, Eva's (through its counsel) sent the defendants a

Cease and Desist Letter wherein Eva's demanded that the defendants cease their wrongful

infringement of intellectual property created and developed by Eva's. A copy of Eva's Cease and

Desist Letter is attached as Exhibit "A".

13. On or about October 24, 2019 through the present, defendants continued to use the

name Pop Up Bridal Sales along with the identical marketing, advertising, pricing, photos,

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 designer relationships, displays, decorations and product presentations that were previously

coc:o created, developed and used by Eva's in the name of"Pop Up Bridal Sales."
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14. On or about December, 2019, defendant, Malgorzata, this time in concert with
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defendant, Keith KoKoruz, again established a Facebook page and separate website using the name
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Sales.
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defendants Cease and Desist Letters wherein Eva's again demanded that the defendants cease their

wrongful infringement of Eva's trade name, Pop Up Bridal Sales, and Eva's Advertising Materials

and Style of Doing Business. A copy of the Cease and Desist Letters sent February 151 and

February 6th are attached hereto as Group Exhibit "B".

16. On or about February 7, 2020, the defendants (through their counsel) sent a letter to

Eva's counsel wherein the defendants indicated that they intended to continue using the tradename,

Pop Up Bridal Sales, notwithstanding defendants' having been repeatedly advised of Eva's rights.

17. Attached hereto as Exhibit "C" is the webpage and other media created by Eva's

reflecting the marketing, advertising, pricing, photos, designer relationships, displays, decorations,

product presentations and Advertising Materials and Style of Doing Business specific to its

operation in the name of Pop Up Bridal Sales, first created, developed and used by Eva's Bridal on

or about July 14, 2019.

18. Attached hereto as Exhibit "D" are copies of the webpage and examples of the

other media wrongfully copied and used by the Defendant, Malgorzata s Photographing,

including the identical and infringing on the marketing, print advertising, pricing, photos, designer

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 relationships, displays, decorations and product presentations that the Defendants have converted

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and continue to wrongfully use in violation of Eva's Bridal's rights thereto.
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(.) 19. On information and belief, the Defendants are infringing Eva's tradename and
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copyrights in the Pop Up Bridal Sales name and Eva's Advertising Materials and Style of Doing

Business by using advertising and marketing materials that are substantially similar to and

confusingly similar to Eva's tradename, Pop Up Bridal Sales, and copyrights in the Eva's

Advertising Materials and Style of Doing Business in the name of Pop Up Bridal Sales, as

depicted in Exhibits "C" and "D", and that Defendants' infringement is willful and deliberate.

20. Defendants' intentional attempts to confuse and mislead the public and Eva's

customers are further evidenced by the Defendants' referencing professional apparel designers

for bridal gowns when the Defendants are not authorized to sell their products; rather the

designers appear in Eva's advertising because Eva's is an authorized dealer. The specific

designers wrongfully referenced by the Defendants are:

(a) Justin Alexander Bridal

(b) Jasmine Bridal Couture

( c) Maggie Sottero

21. On information and belief, the Defendants intentionally and willfully have and

continue to infringe on Eva's rights, despite having actual or at least constructive knowledge of

Eva's rights.

22. Upon information and belief, the Defendants' copying of Eva's trade name, Pop

Up Bridal Sales, and the related Advertising Materials and Style of Doing Business has caused

actual confusion and is likely to cause confusion, to the detriment of Eva's.

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 23. Eva's has filed a Trademark/Tradename application, attached hereto as

;; Exhibit "E", for Pop Up Bridal Sales.

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24. On October 7, 2020, Eva's formed the Illinois corporation, Pop-Up Bridal Sale
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~ Liquidators, Ltd. A copy of the print-out from the Illinois Secretary of State's website is
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defendants' infringing activities and Eva's Trade Name, Pop Up Bridal Sales and Advertising
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26. The Defendants' use of the distinctive tradename, Pop Up Bridal Sales and Eva's

Advertising Materials and Style of Doing Business is likely to cause confusion, mistake or

deception as to the source or affiliation of the Defendants' operations.

27. The acts of the Defendants complained of herein constitute a false designation of

origin, unfair competition and infringement, in violation of Section 43 of the Lanham Act, 15

u.s.c. §1125.
28. On information and belief, the Defendants' actions complained of herein were

committed willfully.

29. As a result of the foregoing alleged actions of the Defendants, the Defendants are

being unjustly enriched and Eva's has been and is being injured and damaged. Unless the

foregoing alleged actions of the Defendants are restrained by this Court, Eva's will continue to

be irreparably harmed, damaged and injured.

COUNTI

Common Law Trade Name Infringement,

Unfair Competition and Misappropriation of Copyrighted Materials

1-29. Eva's repeats and realleges paragraphs 1-29 as though fully stated herein.

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 30. The acts of the Defendants complained of herein constitute infringement, false

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designation of origin and unfair competition in violation of the common law.
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.• .. . in complete disregard of Eva's rights and the goodwill associated with the tradename, "Pop Up
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Bridal" and Eva's Advertising Materials and Style of Doing Business.
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being unjustly enriched and Eva's has been and is being injured and damaged. Unless the

foregoing alleged actions of the Defendants are restrained by this Court, Eva's will continue to

be irreparably harmed, damaged and injured.

COUNT II

Illinois Uniform Deceptive Trade Practices Act

1-29. Eva's repeats and realleges paragraphs 1-29 as though fully stated herein.

30. By reason of the conduct described above, the Defendants have engaged in

unlawful, unfair and/or fraudulent ongoing business practices.

31. As a direct result of the Defendants' unfair competition, the Defendants have

unlawfully acquired, and continue to acquire on an ongoing basis, an unfair competitive

advantage and have engaged, and continue to engage, in wrongful business conduct to their

advantage and to the detriment of Eva's and its rights.

32. The Defendants' aforesaid unauthorized use of the distinctive tradename, "Pop

Up Bridal" and Eva's Advertising Materials and Style of Doing Business is likely to cause

confusion, mistake or deceit and has actually caused confusion, mistake or deceit as to the

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 source, sponsorship, approval, affiliation or connection by and between Eva's and the

(0 Defendants' goods and will give rise to and has given rise to the incorrect belief that Eva's and
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tradename and irreparably damages Eva's goodwill and business, all in violation of the Illinois
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COUNT III

Common Law Conversion

1-29. Eva's repeats and realleges paragraphs 1-29 as though fully stated herein.

30. Defendants improperly obtained under false pretenses and under duress, through

in part, Malgorzata's Photography, and wrongfully assumed control, dominion or ownership over

Eva's tradename, "Pop Up Bridal" and Eva's Advertising Materials and Style of Doing Business.

31. Defendants were not and are not rightfully entitled to the use of Eva's tradename,

"Pop Up Bridal" and Eva's Advertising Materials and Style of Doing Business.

32. Eva's has demanded that Defendants cease their actions and tum over all of

Malgorzata's Photography materials.

COUNTIV

Copyright Infringement

1-29. Eva's repeats and realleges paragraphs 1-29 as though fully stated herein.

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 30. Defendants' conduct as aforesaid constitutes infringement of Eva's copyrights in

co00 and to the tradename, "Pop Up Bridal" and Eva's Advertising Materials and Style of Doing
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31. Defendants share liability jointly and severally for said infringing conduct.
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COUNTV

Tortious Interference with Business Relationships

1-29. Eva's repeats and realleges paragraphs 1-29 as though fully stated herein.

30. Eva's entered into a business relationship with multiple third parties to conduct

business in the name of Pop Up Bridal Sales and using Eva's Advertising Materials and Style of

Doing Business. The defendants were aware of Eva's various business relationships.

31. Upon information and belief, the defendants purposely misled and made material

misrepresentations to Eva's tradename "Pop Up Bridal Sales" for the purpose of interfering with

or damaging Eva's operations.

32. The Defendants' tortious interference with Eva's ongoing business relationships

has damaged Eva's in the form of lost sales and damage to Eva's good will and reputation.

WHEREFORE, plaintiff EVA'S INTERNATIONAL BRIDAL DISTRIBUTORS, LLC

prays that this Court enter judgment against the Defendants as follows:

A. That the Defendants, their agents, servants, employees, attorneys,

successors, companies, customers and assignees, and all those in active concert or

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 participation with them, be preliminarily, permanently and finally enjoined from

<D activities infringing upon the Eva's rights;

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B. That the Defendants' infringement has been willful;
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C. That this Court award damages adequate to compensate Eva's for the

Defendants' infringement pursuant to 35 U.S.C. §284 and 35 U.S.C. §289;

D. That this Court award treble damages pursuant to 35 U.S.C. §284;

E. That this is an exceptional case pursuant to 35 U.S.C. §285;

F. That this Court award reasonable attorneys' fees pursuant to 35 U.S.C.

§285;

G. That the Defendants have infringed upon the distinctive common law;

have competed unfairly with Eva's Bridal and Advertising Materials and Style of Doing

Business under §43 of the Lanham Act and at common law, have violated the Illinois

Uniform Deceptive Trade Practices Act, 815 ILCS 510/2; and have otherwise injured

Eva's business and have misappropriated Eva's rights by using the distinctive tradename

and Eva's Advertising Materials and Style of Doing Business in connection with the

Defendants' competing products without permission or license;

H. That this Court preliminarily, permanently and finally enjoin the

Defendants, their agents, officers, servants, employees, attorneys, successors, companies,

customers and assignees, and all those in active concert or participation with them, from

using the tradename and Eva's Advertising Materials and Style of Doing Business or

from using any other confusingly similar materials, and damaging the business of Eva's

and otherwise competing unfairly with Eva's;

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 I. That this Court issue an order requiring the Defendants and all those in

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account for all gains, profits and advantages derived by the Defendants therefrom, and to

award appropriate exemplary and/or treble damages so as to set an example that the

willful acts of the Defendants cannot be condoned and further damages should be

awarded to Eva's;

K. That all costs and expenses in this action, including reasonable attorney's

fees and appropriate interest on all damages sustained by Eva's, be taxed in favor of

Eva's and against the Defendants and that Eva's shall have judgment and execution

thereof against the Defendants;

L. That Defendants have infringed the copyrights of Eva's in and to Eva's

Advertising Materials and Style of Doing Business pursuant to 17 U.S.C. §101 et seq.,

and award to Plaintiff the remedies afford under 17 U.S.C. §501 et seq.

M. That this Court preliminarily and permanently enjoin the Defendants, their

agents, representatives, employees, assigns, and suppliers, and all persons acting in

concert or privity with them, from infringing Eva's copyrighted works;

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 N. That this Court award Plaintiff its damages and Defendants' profits

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~ 0. That this Court award Plaintiff treble damages as provided by law;

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common law, or as otherwise provided by law; and

R. That this Court grant all other relief as this Court may deem just and

proper.

Respectfully submitted,

EVA'S INTERNATIONAL BRIDAL

DISTRIBUTORS, LLC

By: Isl Mark D. Wetterguist

One of its attorneys

Mark D. Wetterquist & Associates

20 N. Clark, Suite 3000
Chicago, Illinois 60602
(312) 580-1254
Attorney No. 32033
mark@wetterquistlaw.com

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