Chrome Hearts sues Blue & Cream, alleging it sold apparel bearing Chrome Hearts marks

The complaint

The complaint is Document 1, filed November 13, 2026, in Chrome Hearts LLC v. Blue & Cream LLC, No. 1:26-cv-09962 (S.D.N.Y.). It runs 21 pages and demands a jury trial. Chrome Hearts LLC is a Delaware limited liability company; the complaint places its office and principal place of business in Los Angeles, California. The complaint alleges, upon information and belief, that Blue & Cream LLC is a New York limited liability company with its principal place of business in East Hampton, New York, and that Blue & Cream owns, operates, and/or controls the website at www.blueandcream.com and retail stores under the name Blue & Cream in New York, New York; East Hampton and Sag Harbor, New York; and Westport, Connecticut. (Compl. paras. 5-7.) Does 1 through 10 are named as defendants whose names and capacities are unknown. (Compl. para. 8.)

The marks

The complaint identifies, in relevant part, three U.S. registrations that it collectively calls the Chrome Hearts Marks, and it attaches copies as Exhibits A through C. (Compl. paras. 19-20.) It lists a "CH Plus" design mark, U.S. Reg. No. 3,388,911, registered February 26, 2008; a "Scroll" design mark, U.S. Reg. No. 3,546,039, registered December 16, 2008; and a "CH Scroll" mark, U.S. Reg. No. 2,118,026, registered December 2, 1997, each for Class 25 clothing. It alleges that the registrations are valid, subsisting, and incontestable, and that the marks are famous. (Compl. paras. 19, 23.) USPTO records list all three as live, renewed registrations on the Principal Register owned by Chrome Hearts LLC, a Delaware limited liability company. Reg. No. 3,388,911 is a design mark with no literal elements, for "Clothing, namely, tee shirts, shirts, tank tops, sweatshirts, sweat pants, sweaters and hats" in Class 25, with first use and use in commerce claimed from January 2, 1988. Reg. No. 3,546,039 is a banner design mark with no literal elements, for "Clothing, namely, tee shirts, shirts, tank tops, sweat shirts, sweat pants, jeans, pants, sweaters, skirts, dresses, jackets, coats, undergarments, hats, socks and footwear" in Class 25, with first use and use in commerce claimed from April 1, 1989. Reg. No. 2,118,026 is a banner design mark with the literal elements CHROME HEARTS, for "leather bags, namely, handbags, back packs, tote bags, shoulder bags, wallets and luggage" in Class 18 and "men's and women's clothing, namely, pants, shirts, tee shirts, sweaters, jackets, vests, chaps, skirts, belts, underwear, gloves, shoes and boots" in Class 25, with first use and use in commerce claimed from April 1989.

What the complaint alleges

The complaint alleges that the defendants manufactured, marketed, distributed, advertised, offered for sale, and/or sold products, including apparel products, that bear marks identical, substantially indistinguishable, or confusingly similar to one or more of the Chrome Hearts Marks. (Compl. para. 29.) It alleges, upon information and belief, that the defendants promote and sell clothing and accessory products, including the accused products, through the Blue & Cream website and their brick-and-mortar stores. (Compl. para. 30.) It alleges that the defendants' own product listings identified the accused products as "Chrome" products to create an association with Chrome Hearts. (Compl. para. 31.) It alleges that on approximately February 11, 2026, Chrome Hearts sent a cease-and-desist letter identifying the accused products and demanding that the defendants stop selling and advertising them, and that on approximately February 12, 2026, the defendants responded that they had "taken steps to remove the referenced promotional items" and would "ensure that no further offering of these items occurs." It alleges that, despite that representation, the defendants continued to advertise, promote, offer for sale, and/or sell infringing products, were again offering the accused products for sale in different colors and styles in approximately May 2026, and that Chrome Hearts sent a second cease-and-desist letter on approximately October 28, 2026. It alleges, upon information and belief, that the defendants are continuing to offer for sale and/or sell other products that infringe one or more of the marks. (Compl. paras. 33-36.) It alleges that Chrome Hearts has not licensed or otherwise permitted the defendants to use its marks and that Chrome Hearts purchased and examined the marks on the accused products and confirmed they are inauthentic. (Compl. paras. 37, 44.) It alleges, upon information and belief, that the defendants' acts are deliberate and intended to confuse the public, and it says the continued sales after written notice and after the February representation show that the infringement and counterfeiting are knowing, intentional, and willful. (Compl. para. 48.)

Claims and relief

The complaint pleads four counts: trademark infringement and/or counterfeiting under 15 U.S.C. § 1114 (First Cause of Action); false designation of origin and false descriptions under 15 U.S.C. § 1125(a) (Second Cause of Action); unfair competition under New York common law (Third Cause of Action); and trademark infringement under New York common law (Fourth Cause of Action). The prayer seeks temporary, preliminary, and permanent injunctive relief; an order directing the defendants to recall the accused products from distributors and retailers and deliver remaining inventory and related advertising and marketing materials to Chrome Hearts for destruction or other disposition; an order directing the defendants to disclose their suppliers and manufacturers of the accused products, with related purchase records; a sworn compliance report within 30 days after entry of the injunction; an accounting under 15 U.S.C. § 1117(a); an award of the defendants' profits, trebled, with costs and attorneys' fees, or alternatively statutory damages under 15 U.S.C. § 1117 of up to $2 million per trademark counterfeited and infringed, per type of good; enhanced damages for willful infringement; interest, costs, disbursements, and attorneys' fees as an exceptional case under 15 U.S.C. § 1117 or otherwise; actual damages; fees and punitive damages under New York law; and other relief that may be just and proper. (Prayer.)