HNL Fashion sues Summer Vibe and five other Cupshe defendants over two fabric designs on dresses and pants

The complaint

HNL Fashion, Inc. v. Summer Vibe Inc., No. 2:26-cv-11388 (C.D. Cal.), was filed October 1, 2026 (32 pages). The complaint describes the plaintiff, HNL Fashion, Inc., as a California corporation based in Los Angeles. The defendants are Summer Vibe Inc. d/b/a "Cupshe"; Sparky Worldwide, Inc. d/b/a "Cupshe"; Nanjing Niuli Garment Trading Co., Ltd. d/b/a "Cupshe"; Jadecred Limited d/b/a "Cupshe"; Guangzhou Xunzi Fuzhuant Maoyi Co., Ltd. d/b/a "Cupshe Apparel"; Feilin Limited d/b/a "Cupshe Apparel"; and Does 1 through 10. The complaint alleges, on information and belief, that Summer Vibe and Sparky Worldwide are California corporations based in Los Angeles, that Nanjing Niuli and Guangzhou Xunzi are Chinese companies and Jadecred and Feilin are Hong Kong companies selling on Amazon under two seller IDs, and that each of those four companies is an alter ego of Summer Vibe and/or Sparky Worldwide. It alleges that Summer Vibe and Sparky Worldwide both sell the accused products under the fictitious name "Cupshe." Venue is pleaded under 28 U.S.C. §§ 1391(b) and 1400(a), and under § 1391(c)(3) for the four foreign defendants. HNL demands a jury trial.

The designs

The complaint alleges that HNL composed two original two-dimensional artworks, internal design numbers TPR-3328 (Subject Design A) and TPR-3118 (Subject Design B), that it owns them exclusively, that it received a Certificate of Registration from the Copyright Office covering each, and that it sampled and sold fabric bearing each design in the fashion and apparel industries before the conduct alleged. Copyright Office public records list a work titled TPR-3328 in two HNL Fashion Inc. group registrations of unpublished works, VAu001512697 (registered September 27, 2023) and VAu001554253 (registered April 17, 2025), and a work titled TPR-3118 in two others, VAu001508145 (registered July 30, 2023) and VAu001598526 (registered July 20, 2026). Each record lists HNL FASHION INC. as author, as an employer for hire, and as claimant, with a creation year of 2023.

The accused garments

For Subject Design A, the complaint alleges, on information and belief, that Summer Vibe, Sparky Worldwide, Nanjing Niuli, and Jadecred made, sold, imported, and/or distributed fabric and garments bearing artwork identical or substantially similar to the design. Its exemplars are a CUPSHE women's boho maxi dress listed on Amazon, the "Feel It in My Soul Tropical Midi Dress" on Cupshe.com, the "Women's Feel It in My Soul Tropical Midi Beach Dress" on Macy's, and a Cupshe women's abstract print maxi beach dress on Target.

For Subject Design B, the complaint alleges, on information and belief, the same conduct by Summer Vibe, Sparky Worldwide, Guangzhou Xunzi, and Feilin. Its exemplars are CUPSHE women's wide leg beach pants listed on Amazon, the "Creative Mood Abstract Pants" and "Novel Idea Abstract Pants" on Cupshe.com, the "Women's Creative Mood Abstract Pants" on Macy's, and Cupshe women's abstract print wide leg pants with drawstring on Target. The complaint includes side-by-side images and alleges that the designs on the accused products are substantially or strikingly similar to HNL's designs.

Access, willfulness, and the claims

The complaint alleges, on information and belief, that the defendants had access to the designs through HNL's showroom and design library, through illegally distributed copies held by third-party vendors and/or defendants, including international and/or overseas converters and printing mills, through HNL's strike-offs and samples, and through garments bearing fabric HNL lawfully printed for its customers, and, on information and belief, that the designs and the accused products are so strikingly similar that it is "highly likely" the works were not created independently of one another. It alleges, on information and belief, that one or more defendants manufacture or vend garments and supplied the accused products to the retailer defendants, and that the infringement was willful, intentional, and malicious.

The first claim alleges copyright infringement against all defendants. The second claim alleges, on information and belief, vicarious copyright infringement against all defendants, on the ground that they had the right and ability to supervise the infringing conduct and a direct financial interest in it. The third claim alleges, on information and belief, contributory copyright infringement against all defendants, on the ground that they knowingly induced, caused, or materially contributed to the infringement. Each claim seeks profits and damages, and the complaint invokes enhanced statutory damages under 17 U.S.C. § 504(c)(2).

The relief sought

HNL asks for an injunction against infringing its copyrights, specifically those for the Subject Designs; all of the defendants' profits plus HNL's losses and any other monetary advantage gained through the infringement, or statutory damages under 17 U.S.C. § 504 if elected before final judgment; a trust over revenues from sales or distribution of the accused products; attorneys' fees under 17 U.S.C. § 505; an accounting; pre-judgment interest; costs; and other relief the court deems proper.