David Blatte (SB # 208378)

ANIMAL LAW ASSOCIATES

2161 Shattuck Ave., Ste. 227

Berkeley, CA 94704

ph:  (510) 548-7382

fax: (510) 548-7377

 

Attorney for Plaintiffs

 

 

 

 

 

SUPERIOR COURT OF CALIFORNIA (UNLIMITED JURISDICTION)

COUNTY OF SAN FRANCISCO

 

 

VIVA! INTERNATIONAL VOICE FOR ANIMALS, and JEROLD FRIEDMAN

 

                        Plaintiffs,

 

            v.

 

ADIDAS-SALOMON AG, ADIDAS AMERICA, INC., ADIDAS PROMOTIONAL RETAIL OPERATIONS, INC., SPORT CHALET, LOMBARDI SPORTS, OFFSIDE SOCCER and DOES 1 through 1000, inclusive,

 

                        Defendants.

 

 

CASE NO.: _____________________

 

 

COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

(Business and Professions Code § 17200 et seq.)

 

INTRODUCTORY STATEMENT

1.     This is an action to prevent Defendant Adidas from importing and selling, and Defendant retail stores from selling, products containing parts and products of kangaroos, in violation of California Penal Code section 653o.

PARTIES

2.     Plaintiff Viva! International Voice for Animals is an international organization, registered in the United States as a 501(c)(3) nonprofit, devoted to protecting animals.  Its purposes include promoting veganism and campaigning on behalf of animals killed for food.  Its activities include producing materials for students and activists, including booklets with detailed information on topics such as nutrition, the environment, and factory farming.  Viva! has also campaigned extensively on behalf of kangaroos.  Viva!’s national headquarters is located in Yolo County, California.

3.     Plaintiff Jerry Friedman is a resident of Los Angeles County, California. 

4.     Defendant Adidas-Salomon AG is an international company headquartered in Germany with subsidiaries in the United States, including California.  Adidas-Salomon AG imports into and sells sports footwear, apparel and accessories in California.  Among those products are athletic shoes which contain parts or products of kangaroos.

5.     Defendant Adidas America, Inc., is a subsidiary of Adidas-Salomon AG and is located in Portland, Oregon.  Adidas America, Inc., imports into and sells sports footwear, apparel and accessories in California.  Among those products are athletic shoes which contain parts or products of kangaroos.

6.     Defendant Adidas Promotional Retail Operations, Inc., is a subsidiary of Adidas-Salomon AG and is located in California.  Adidas Promotional Retail Operations, Inc., imports into and sells sports footwear, apparel and accessories in California.  Among those products are athletic shoes which contain parts or products of kangaroos.

7.     Defendant Lombardi Sports is a retail store that sells, among other things, shoes produced by Adidas which contain parts or products of kangaroos.  Lombardi Sports is located in San Francisco County, California.

8.     Defendant Offside Soccer is a retail store that sells, among other things, shoes produced by Adidas which contain parts or products of kangaroos.  Offside Soccer is located in Sacramento County, California.

9.     Defendant Sport Chalet is a retail store that sells, among other things, shoes produced by Adidas which contain parts or products of kangaroos.  Sport Chalet is located in Los Angeles County, California.

10.  The true names and capacities of Defendants sued herein as Does 1 through 1000, inclusive, are unknown to plaintiffs at this time, and plaintiffs sue said Defendants by such fictitious names.  Plaintiffs will ask leave of court to amend this complaint to show their true names and capacities when the same have been ascertained.  Each of the fictitiously named Defendants is responsible in some manner for the conduct alleged herein.

11.  At all times mentioned, all Defendants and each of them, were agents and employees of all other Defendants, and in doing the things hereinafter mentioned were acting within the course and scope of their authority as such agents and with the consent and ratification of all other Defendants.

JURISDICTION

12.  This Court has jurisdiction over the parties and subject matter in this action pursuant

to California Civil Code sections 3366, 3367, 3368, 3420, 3421 and 3422 and California Code of Civil Procedure section 1060.

GENERAL ALLEGATIONS

13.  Adidas[1] is a company which produces and commercially sells sports footwear, apparel and accessories. 

14.  Among the products that Adidas produces are athletic shoes.  Among the athletic shoes that Adidas produces are shoes which contain skin (once processed, known as leather) which comes from kangaroos.  This includes but is not limited to the Predator cleat, Copa Mundial cleat, Profi Liga cleat, World Cup cleat, Vectorum cleat, Velez K Liga cleat, Copa Indoor cleat and Micropacer running shoe.   

15.  Adidas imports athletic shoes that it produces into California for commercial sale.  Among these shoes are shoes which contain kangaroo leather.

16.  Adidas commercially sells shoes directly to the public in several retail stores located in California.  Among these shoes are shoes which contain kangaroo leather.

17.  Adidas also commercially sells shoes directly to the public in California through the internet.  Among these shoes are shoes which contain kangaroo leather.

18.  Adidas also commercially sells shoes to retail stores, including Defendant retail stores.  Among these shoes are shoes which contain kangaroo leather.

19.  Defendant retail stores, including Sport Chalet, Lombardi Sports and Offside Soccer, commercially sell shoes to the public.  Among these shoes are shoes produced by Adidas which contain kangaroo leather.

California Penal Code

20.  California Penal Code section 653o(a) states:

It is unlawful to import into this state for commercial

purposes, to possess with intent to sell, or to sell within

the state, the dead body, or any part or product thereof,

of any alligator, crocodile, polar bear, leopard, ocelot,

tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus),

zebra, whale, cobra, python, sea turtle, colobus monkey,

kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin

or porpoise (Delphinidae), Spanish lynx, or elephant.

(italics added)

 

21.   California Penal Code section 653o(a) further states:

 

Any person who violates any provision of this section is

guilty of a misdemeanor…

 

22.  By importing into California for commercial purposes products containing kangaroo leather, Adidas is in violation of Penal Code section 653o(a).

23.  By possessing products containing kangaroo leather with the intent to sell them, Adidas and Defendant retail stores, including Sport Chalet, Lombardi Sports and Offside Soccer, are in violation of Penal Code section 653o(a).

24.  By selling products containing kangaroo leather within the state of California, Adidas and Defendant retail stores, including Sport Chalet, Lombardi Sports and Offside Soccer, are violation of Penal Code section 653o(a).

CAUSES OF ACTION

 

FIRST CAUSE OF ACTION

(Business and Professions Code § 17200 et seq.)

25.  Paragraphs 1-24 are incorporated herein by reference as though fully set forth.

26.  The Unfair Competition Act (UCA), California Business and Professions Code § 17200 et seq., prohibits any “unlawful, unfair or fraudulent business practice…”  Section 17203 provides that “[a]ny person who engages, has engaged or proposes to engage in unfair competition may be enjoined in any court of competent jurisdiction.”

27.  By engaging in conduct that violates California Penal Code section 653o, Defendants are engaging in an unlawful business practice and are in violation of Business and Professions Code § 17200 et seq.

 

 

SECOND CAUSE OF ACTION

Declaratory Relief

 

28.  Paragraphs 1-24 are incorporated herein by reference as though fully set forth.

29.  By importing, possessing with intent to sell, and selling products which contain parts or products of kangaroos, Defendant Adidas is in violation of California Penal Code section 653o.

30.  By possessing with intent to sell and selling products which contain parts or products of kangaroos, Defendant retail stores, including Sport Chalet, Lombardi Sports and Offside Soccer, are in violation of California Penal Code section 653o.

31.  Plaintiffs are entitled to a declaration that importing, possessing with intent to sell, and selling parts or products of kangaroos violates California Penal Code section 653o.

PRAYER FOR RELIEF

WHEREFORE, the plaintiffs seeks judgment as follows:

1.     For permanent injunctive relief enjoining Defendants from importing, possessing with

intent to sell and selling any parts or products of kangaroos, including athletic shoes which contain kangaroo leather;

2.     For a declaration that that importing, possessing with intent to sell, and selling products which contain parts or products of kangaroos violates California Penal Code section 653o;

3.     For civil penalties under California Business and Professions Code § 17206.

4.     For an award of reasonable attorney’s fees and costs under California Code of Civil

Procedure §1021.5 or any other applicable statute to the plaintiffs;

5.     For such other further relief as this Court may deem appropriate.

Respectfully Submitted,

Dated: May 6, 2003                                       __________________________

David Blatte

Attorney for Plaintiffs

 

 



[1] Adidas refers to Adidas-Salomon AG and its subsidiaries Adidas America, Inc., and Adidas Promotional Retail Operations, Inc.