This case was last updated from U.S. District Courts on 10/01/2025 at 06:39:20 (UTC).

Neman Brothers and Associates, Inc. v. White Mark Universal Inc. et al

Case Summary

On 04/04/2025 Neman Brothers and Associates, Inc filed an Intellectual Property - Copyright lawsuit against White Mark Universal Inc. This case was filed in U.S. District Courts, California Central District. The Judge overseeing this case is Alka Sagar. The case status is Open.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:25-cv-02979

  • Filing Date:

    04/04/2025

  • Case Status:

    Open

  • Case Type:

    Intellectual Property - Copyright

Complaint

MACY’S INC. d/b/a “Macy’s,” a
Delaware corporation; MODESENS, INC.
d/b/a “ModeSens,” a Texas corporation;
TARGET CORPORATION d/b/a
“Target,” a Minnesota corporation;
TRANSFORM SR HOLDING
MANAGEMENT LLC d/b/a “Sears,” an
Illinois limited liability company;
TUESDAY MORNING USA, LLC d/b/a
“Tuesday Morning,” a New Jersey limited
liability company; and DOES 1 through
10,

Defendants.

Plaintiff NEMAN BROTHERS & ASSOCIATES, INC., by and through its
undersigned attorneys, hereby prays to this honorable Court for relief based on the following:

JURISDICTION AND VENUE

1. This action arises under the Copyright Act of 1976 , Title 17 U.S.C., §§ 101 et seq.

2. This Court has federal question jurisdiction under 28 U.S.C. §§ 1331 and 1338 (a) and (b).

3. Venue in this judicial district is proper under 28 U.S.C. §§ 1391 (c) and 1400 (a) in that this is the judicial district in which a substantial part of the acts and omissions giving rise to the claims occurred.

PARTIES

4. Plaintiff NEMAN BROS. & ASSOCIATES, INC., (“NEMAN”) is a corporation organized and existing under the laws of the State of California with its principal place of business in Los Angeles, CA.


Page 2

5. Plaintiff is informed and believes and thereon alleges that Defendant WHITE MARK UNIVERSAL INC., doing business as “White Mark” (“WHITE MARK”), is a California corporation, with its principal place of business located at 1220 Maple Avenue #911, Los Angeles, California , who does business in and with the state of California.

6. Plaintiff is informed and believes and thereon alleges that Defendant BELK, INC. is a Delaware corporation, with its principal place of business located at , who does business in and with the state of California.

7. Plaintiff is informed and believes and thereon alleges that Defendant BELK ECOMMERCE LLC (together with BELK, INC., “BELK”) is an North Carolina limited liability company, with its principal place of business located at , who does business in and with the state of California. BELK owns, operates, and/or controls the commercial website https://www.belk.com/ and its related/affiliated websites, subdomains, and mobile applications, which allow consumers to purchase garments online.

8. Plaintiff is informed and believes and thereon alleges that Defendant BLUESTEM BRANDS, INC., doing business as “Fingerhut” (“FINGERHUT”), is a Delaware corporation, with its principal place of business located at Pioneer Trail, Eden Prairie, Minnesota , who does business in and with the state of California.

9. Plaintiff is informed and believes and thereon alleges that Defendant BORDERX LAB INC., doing business as “BeyondStyle” (“BEYOND”), is a Delaware corporation, with its principal place of business located at , who does business in and with the state of California.

Page 3

Judge Details

Presiding Judge

Alka Sagar

 

Party Details

Plaintiff

Neman Brothers and Associates, Inc.

Defendants

White Mark Universal Inc. a California corporation doing business as White Mark

Belk Inc. a Delaware corporation doing business as Belk

Belk ECommerce LLC a North Carolina limited liability company doing business as Belk

Bluestem Brands, Inc. a Delaware corporation doing business as Fingerhut

Borderx Lab Inc. a Delaware corporation doing business as BeyondStyle

Boscovs Department Store, LLC a Pennsylvania limited liability company doing business as Boscov's

Catalyst Brands LLC a Delaware limited liability company doing business as JCPenny

Kohls, Inc. a Delaware corporation doing business as Kohl's

Lyst Inc. a United Kingdom corporation doing business as Lyst

24 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

Andres Navarro

Trevor William Barrett

Defendant Attorneys

Shanen Reid Prout

G. Warren Bleeker

Mark D. Marciszewski

Catharina Rose McWilliams

Benjamin J Fox

Other Attorneys

Michael C Christman

 

Court Documents

48 #1

Proposed Order

#48

(#48) Third STIPULATION for Extension of Time to File Answer to November 3, 2025 re Complaint (Attorney Civil Case Opening), #1 filed by defendant White Mark Universal Inc.. (Attachments: #1 Proposed Order)(Prout, Shanen) Modified on 9/30/2025 (afe). (Entered: 09/29/2025)

#47

(#47) NOTICE OF DISMISSAL filed by Plaintiff Neman Brothers and Associates, Inc. pursuant to FRCP 41a(1) (A)(i) as to ModeSens, Inc.. (Barrett, Trevor) (Entered: 09/10/2025)

#46

(#46) NOTICE of Appearance filed by attorney Mark D. Marciszewski on behalf of Defendant Lyst Inc. (Attorney Mark D. Marciszewski added to party Lyst Inc.(pty:dft))(Marciszewski, Mark) (Entered: 09/05/2025)

#45

(#45) CORPORATE DISCLOSURE STATEMENT AND NOTICE OF INTERESTED PARTIES filed by Defendant Lyst Inc. identifying Lyst Ltd. as Corporate Parent. (Fox, Benjamin) (Entered: 09/02/2025)

#44

(#44) ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendant Lyst Inc..(Fox, Benjamin) (Entered: 09/02/2025)

#43

(#43) Notice of Appearance or Withdrawal of Counsel: for attorney Catharina Rose McWilliams counsel for Defendant Lyst Inc.. Adding Catharina R. McWilliams as counsel of record for Lyst Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Lyst Inc.. (Attorney Catharina Rose McWilliams added to party Lyst Inc.(pty:dft))(McWilliams, Catharina) (Entered: 09/02/2025)

#42

(#42) Notice of Appearance or Withdrawal of Counsel: for attorney Benjamin J Fox counsel for Defendant Lyst Inc.. Adding Benjamin J. Fox as counsel of record for Lyst Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Lyst Inc.. (Attorney Benjamin J Fox added to party Lyst Inc.(pty:dft))(Fox, Benjamin) (Entered: 09/02/2025)

#40

(#40) Second STIPULATION for Extension of Time to File Answer to October 2, 2025 re Complaint (Attorney Civil Case Opening), #1 filed by defendant White Mark Universal Inc.. (Attachments: #1 Proposed Order)(Prout, Shanen) Modified on 8/29/2025 (afe). (Entered: 08/29/2025)

#8

(#8) WAIVER OF SERVICE Returned Executed filed by Plaintiff Neman Brothers and Associates, Inc.. upon White Mark Universal Inc. waiver sent by Plaintiff on 4/25/2025, answer due 6/24/2025. Waiver of Service signed by Dani Hazut. (Barrett, Trevor) (Entered: 05/09/2025)

#7

(#7) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Belk ECommerce LLC, Belk Inc., Bluestem Brands, Inc., Borderx Lab Inc., Boscovs Department Store, LLC, Catalyst Brands LLC, IV Media, LLC, Kohls, Inc., Lyst Inc., Macys Inc., ModeSens, Inc., Target Corporation, Transform Sr Holding Management LLC, Tuesday Morning USA, LLC, White Mark Universal Inc. (lh) (Entered: 04/07/2025)

#6

(#10) PROOF OF SERVICE filed by Plaintiff Neman Brothers and Associates, Inc., re Notice of Assignment to U.S. Magistrate Judge and Declination of Consent CV-20B optional html form #6 served on May 29, 2025. (Barrett, Trevor) (Entered: 05/29/2025)

#5

(#5) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Neman Brothers & Associates, Inc.. (Barrett, Trevor) (Entered: 04/04/2025)

#4

(#4) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Neman Brothers & Associates, Inc.. (Barrett, Trevor) (Entered: 04/04/2025)

#3

(#3) NOTICE of Interested Parties filed by Plaintiff Neman Brothers & Associates, Inc., (Barrett, Trevor) (Entered: 04/04/2025)

#2

(#2) CIVIL COVER SHEET filed by Plaintiff Neman Brothers & Associates, Inc.. (Barrett, Trevor) (Entered: 04/04/2025)

1 #1

Exhibit A to Complaint

#1

(#40) Second STIPULATION for Extension of Time to File Answer to October 2, 2025 re Complaint (Attorney Civil Case Opening), #1 filed by defendant White Mark Universal Inc.. (Attachments: #1 Proposed Order)(Prout, Shanen) Modified on 8/29/2025 (afe). (Entered: 08/29/2025)

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Docket Entries

09/29/2025
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Docket(#48) Third STIPULATION for Extension of Time to File Answer to November 3, 2025 re Complaint (Attorney Civil Case Opening), #1 filed by defendant White Mark Universal Inc.. (Attachments: #1 Proposed Order)(Prout, Shanen) Modified on 9/30/2025 (afe). (Entered: 09/29/2025)

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09/10/2025
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Docket(#47) NOTICE OF DISMISSAL filed by Plaintiff Neman Brothers and Associates, Inc. pursuant to FRCP 41a(1) (A)(i) as to ModeSens, Inc.. (Barrett, Trevor) (Entered: 09/10/2025)

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09/05/2025
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Docket(#46) NOTICE of Appearance filed by attorney Mark D. Marciszewski on behalf of Defendant Lyst Inc. (Attorney Mark D. Marciszewski added to party Lyst Inc.(pty:dft))(Marciszewski, Mark) (Entered: 09/05/2025)

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09/02/2025
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Docket(#45) CORPORATE DISCLOSURE STATEMENT AND NOTICE OF INTERESTED PARTIES filed by Defendant Lyst Inc. identifying Lyst Ltd. as Corporate Parent. (Fox, Benjamin) (Entered: 09/02/2025)

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09/02/2025
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Docket(#44) ANSWER to Complaint (Attorney Civil Case Opening), #1 filed by Defendant Lyst Inc..(Fox, Benjamin) (Entered: 09/02/2025)

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09/02/2025
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Docket(#43) Notice of Appearance or Withdrawal of Counsel: for attorney Catharina Rose McWilliams counsel for Defendant Lyst Inc.. Adding Catharina R. McWilliams as counsel of record for Lyst Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Lyst Inc.. (Attorney Catharina Rose McWilliams added to party Lyst Inc.(pty:dft))(McWilliams, Catharina) (Entered: 09/02/2025)

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09/02/2025
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Docket(#42) Notice of Appearance or Withdrawal of Counsel: for attorney Benjamin J Fox counsel for Defendant Lyst Inc.. Adding Benjamin J. Fox as counsel of record for Lyst Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Lyst Inc.. (Attorney Benjamin J Fox added to party Lyst Inc.(pty:dft))(Fox, Benjamin) (Entered: 09/02/2025)

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08/29/2025
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Docket(#41) ORDER APPROVING Second Stipulation to Extend Defendants' Time to Respond to Plaintiff's Complaint By More Than 30 Days #40 by Magistrate Judge Alka Sagar that the Stipulation is APPROVED. The Belk Defendants; Bluestem Brands, Inc. d/b/a "Fingerhut"; Borderx Lab Inc. dba "BeyondStyle"; Boscov's Department Store, LLC d/b/a "Boscov's"; Catalyst Brands LLC dba "JCPenney"; Kohl's, Inc. dba "Kohl's"; Macy's; Target Corporation dba "Target"; Tuesday Morning USA, LLC shall have an extension from 9/2/2025, to 10/2/2025, to file their responses to the Complaint. (jp) (Entered: 08/29/2025)

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08/29/2025
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Docket(#40) Second STIPULATION for Extension of Time to File Answer to October 2, 2025 re Complaint (Attorney Civil Case Opening), #1 filed by defendant White Mark Universal Inc.. (Attachments: #1 Proposed Order)(Prout, Shanen) Modified on 8/29/2025 (afe). (Entered: 08/29/2025)

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08/04/2025
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Docket(#39) ORDER GRANTING REQUEST FOR THE COURT TO MAIL SERVICE OF PROCESS DOCUMENTS TO FOREIGN DEFENDANT LYST LTD by Magistrate Judge Alka Sagar, re Notice of Lodging #38 .Plaintiff's motion is hereby GRANTED; and IT IS HEREBY ORDERED that the Clerk of the Court is directed to effectuate service on Lyst pursuant to Local Rule 4-5. (et) (Entered: 08/04/2025)

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05/29/2025
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Docket(#10) PROOF OF SERVICE filed by Plaintiff Neman Brothers and Associates, Inc., re Notice of Assignment to U.S. Magistrate Judge and Declination of Consent CV-20B optional html form #6 served on May 29, 2025. (Barrett, Trevor) (Entered: 05/29/2025)

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05/27/2025
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Docket(#9) MINUTE (IN CHAMBERS) ORDER REGARDING SERVICE OF NOTICE OF ASSIGNMENT by Magistrate Judge Alka Sagar, re: Notice of Assignment to U.S. Magistrate Judge and Declination of Consent CV-20B #6 . Plaintiff is ORDERED to serve the Notice of Assignment on Defendant no later than June 4, 2025 and file proof of such service no later than five (5) calendar days after service. (SEE DOCUMENT FOR FURTHER DETAILS) (hr) (Entered: 05/29/2025)

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05/09/2025
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Docket(#8) WAIVER OF SERVICE Returned Executed filed by Plaintiff Neman Brothers and Associates, Inc.. upon White Mark Universal Inc. waiver sent by Plaintiff on 4/25/2025, answer due 6/24/2025. Waiver of Service signed by Dani Hazut. (Barrett, Trevor) (Entered: 05/09/2025)

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04/07/2025
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Docket(#7) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants Belk ECommerce LLC, Belk Inc., Bluestem Brands, Inc., Borderx Lab Inc., Boscovs Department Store, LLC, Catalyst Brands LLC, IV Media, LLC, Kohls, Inc., Lyst Inc., Macys Inc., ModeSens, Inc., Target Corporation, Transform Sr Holding Management LLC, Tuesday Morning USA, LLC, White Mark Universal Inc. (lh) (Entered: 04/07/2025)

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04/07/2025
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Docket(#6) NOTICE OF ASSIGNMENT to a U.S. Magistrate Judge and Declination of Consent. This case has been randomly assigned to Magistrate Judge Alka Sagar. (lh) (Entered: 04/07/2025)

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04/04/2025
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Docket(#5) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Neman Brothers & Associates, Inc.. (Barrett, Trevor) (Entered: 04/04/2025)

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04/04/2025
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Docket(#4) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Neman Brothers & Associates, Inc.. (Barrett, Trevor) (Entered: 04/04/2025)

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04/04/2025
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Docket(#3) NOTICE of Interested Parties filed by Plaintiff Neman Brothers & Associates, Inc., (Barrett, Trevor) (Entered: 04/04/2025)

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04/04/2025
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Docket(#2) CIVIL COVER SHEET filed by Plaintiff Neman Brothers & Associates, Inc.. (Barrett, Trevor) (Entered: 04/04/2025)

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04/04/2025
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Docket(#1) COMPLAINT Receipt No: ACACDC-39449580 - Fee: $405, filed by Plaintiff Neman Brothers & Associates, Inc.. (Attachments: #1 Exhibit A to Complaint) (Attorney Trevor William Barrett added to party Neman Brothers & Associates, Inc.(pty:pla))(Barrett, Trevor) (Entered: 04/04/2025)

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