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As for all three of the allegedly copied dresses, Halston claims that Calvin Klein is on the hook for Unfair Competition and False Advertising as a result of “a number of false and misleading claims and/or claims that misrepresent the nature, characteristics, qualities or geographic origin of its goods.” For instance, Halston cites language on Calvin Klein’s website, which states, “We embody authenticity and embrace individuality,” as well as language that guarantees that its goods are “free from claims of infringement.” Both statements are “false and misleading,” according to Halston, as the dresses at issue “were actually designed by HALSTON and these statements regarding the origin of its women’s apparel and accessories … have and are likely to continue to have influence over consumers’ and other third-party purchasing decisions.” As a result of their alleged copying, unfair competition, and false advertising, Calvin Klein and G-III have not only “obtained direct and indirect profits they would not otherwise have realized,” they have caused Halston to “suffer an actual loss” and to continue to “suffer substantial damages to its business.” Halston is seeking an array of monetary damages, as well as injunctive relief, which would “temporarily, preliminarily, and permanently enjoin the defendants from using any false designation of origin or false description that can, or is likely to, lead the consuming public,” among other acts
a gentleman or someone from the opera
