Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 1 of 63 PageID #: 1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF DELAWARENoNorth

Mainstream Swimsuits, Inc.; A&H Case No. ________________________

Sportswear Co., Inc.; and Global
Trademarks, Inc.,
COMPLAINT
Plaintiff,
JURY TRIAL DEMANDED
v.

Amerex Group, LLC

Defendant.

COMPLAINT

Plaintiffs Mainstream Swimsuits, Inc. (“Mainstream Swimsuits”), A&H

Sportswear Co., Inc. (“A&H”), and Global Trademarks, Inc. (“Global

Trademarks”) (collectively, “Plaintiffs”), for their Complaint against Amerex

Group, LLC (“Amerex” or “Defendant”), allege as follows, upon actual knowledge

with respect to themselves and their own acts, and upon knowledge, information,

and belief as to all other matters:

NATURE OF THE ACTION

1. This is a civil action for trade secret misappropriation under the

federal Defend Trade Secrets Act, 18 U.S.C. § 1836 et seq., and under 6 Del. C. §

2001 et seq.; tortious interference with a contract; patent infringement under 35

1
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 2 of 63 PageID #: 2

U.S.C. § 271, et seq.; and copyright infringement under 17 U.S.C. § 101 et seq.

This case arises from Amerex’s knowing use of Plaintiffs’ trade-secret information,

tortious interference with confidentiality agreements between Plaintiffs’ and their

former executive, and copying of Plaintiffs’ copyrighted artwork and patented

swimwear designs to manufacture and sell Amerex’s own “control” swimwear line.

2. Plaintiffs Mainstream Swimsuits and A&H spent thirty-five years

painstakingly building a control swimwear business from the ground up, including

by curating confidential fabric specifications, supplier lists, and information about

customers’ preferred styles and purchase histories, and investing millions of dollars

and thousands of hours in becoming the leader in the control swimwear business.

3. Plaintiffs also regularly protect their innovative swimwear designs

with patents, including the following designs:

 “Tara”-style patented swimsuit design;

 “Tiering Up”-style patented swimsuit top design; and

 “Leroux”-style patented swimsuit design.

4. Amerex wanted to enter the control swimwear business. But instead

of expending time and resources to find its own fabric blends, developing its own

manufacturing and retail contacts, and learning and maintaining its own

information about customer buying habits, it chose to take a shortcut by hiring

Plaintiffs’ former executive, Ms. Paula Morse, and using Plaintiffs’ trade-secret

2
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 3 of 63 PageID #: 3

information that had been entrusted to Ms. Morse during her tenure at Mainstream

Swimsuits. With the information misappropriated through Ms. Morse, and by

tortiously interfering with confidentiality agreements between Plaintiffs and Ms.

Morse and using Plaintiffs’ copyrighted artwork and patented designs, Amerex

launched its first control swimwear line, “Beyond Control” in 2022.

5. Defendant’s conduct shows a pattern of willful bad-faith copying to

unfairly profit from Global Trademarks’ innovative designs and from the

confidential information that Plaintiffs have long labored to build. Plaintiffs seek

equitable and monetary relief from Defendant’s willful and systematic violations

of their valuable intellectual property rights.

THE PARTIES

Plaintiffs

6. Plaintiffs Mainstream Swimsuits, A&H, and Global Trademarks are

related companies that collectively doing business under the “Swim USA”

umbrella.

7. Plaintiff Mainstream Swimsuits is a Pennsylvania corporation with its

principal place of business located at 610 Uhler Rd., Easton, PA 18040.

Mainstream Swimsuits is responsible for the design and retailing of Plaintiffs’

swimwear products.

3
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 4 of 63 PageID #: 4

8. Plaintiff A&H is a Pennsylvania corporation with its principal place of

business located at 610 Uhler Road, Easton, PA 18040. A&H is responsible for the

sourcing and manufacture of Plaintiffs’ swimwear products.

9. Plaintiff Global Trademarks is a Nevada corporation with its principal

place of business located at 610 Uhler Rd., Easton, PA 18040. Global Trademarks

own and manages the design patents associated with Plaintiffs’ swimwear products.

Defendant

10. Amerex is a Delaware limited liability company with its principal

place of business located at 512 Seventh Avenue, New York, New York 10018.

Amerex makes swimsuits available for sale online, including at

https://beyondswimwear.com, as well as via its “Beyond Swimwear Resort 2023”

catalog. Amerex is also the owner of record of the “Beyond Control” trademark

registered with the United States Patent and Trademark Office.

JURISDICTION AND VENUE

11. For Plaintiffs’ claims under the Defend Trade Secrets Act (18 U.S.C. §

1836 et seq.), federal patent law (Title 35), and federal copyright law (Title 17),

this Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338.

For the Plaintiff’s claim under the Delaware Uniform Trade Secrets Act (6 Del. C.

§ 2001 et seq.) and under Delaware common law, this Court has supplemental

jurisdiction pursuant to 28 U.S.C. § 1367, because these claims are so related to

4
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 5 of 63 PageID #: 5

Plaintiffs’ Defend Trade Secrets Act claim, that together they form part of the same

case or controversy under Article III of the U.S. Constitution.

12. This Court has personal jurisdiction over Amerex because it is

incorporated and resides in the State of Delaware.

13. Venue is proper in this judicial district under 28 U.S.C. § 1400(b).

Defendant has infringed the patents at issue in this District by offering for sale

infringing swimwear and is incorporated in this District.

14. Venue is further proper under 28 U.S.C. § 1391 because Defendant

may be found in this district and a substantial part of the events giving rise to the

Plaintiffs’ claims occurred and are continuing to occur in this district.

PLAINTIFFS AND THEIR POPULAR, SUCCESSFUL,

AND WELL-KNOWN SWIMWEAR DESIGNS

15. With roots tracing back to the 1930’s, Plaintiffs and their related

companies—doing business under the “Swim USA” umbrella, including A&H,

Mainstream Swimsuits, and Global Trademarks (collectively, “Swim USA”)—

combine to form one of the most successful and admired makers of swimwear.

16. Starting in 1989, Mainstream Swimsuits and A&H sought to create a

functional, supportive, and flattering new category of swimwear—referred to as

“control” swimwear—inspired by trends in sportswear. From 1989 to 1992, these

companies consulted with various suppliers; developed custom fabric blends;

tested dozens of styles, patterns, and prints; and hired personnel to execute their

5
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 6 of 63 PageID #: 6

vision for their new category of swimwear. MIRACLESUIT® was launched in

1992, followed closely by MAGICSUIT® in 1993. Both brands, along with

AMORESSA®, which was launched in 2015, are Swim USA brands, known for

their shape-control swimwear. The products sold under each brand are the result of

decades of ongoing and resource-intensive product development, dedicated to the

creation of the highest quality sculpting fashion that can be worn poolside and on

the beach.

17. Swim USA’s innovative figure-slimming swimsuit designs have

enjoyed tremendous commercial success, widespread recognition, and a loyal

customer following.

18. Swim USA executes its cutting-edge design efforts from its own

studios in Los Angeles, New York City, and Pennsylvania. These studios house a

team of designers and technical designers, specializing in all categories of

swimwear.

19. Swim USA also executes all of its own product development, with in-

house patternmakers and in-house sample making, using four state-of-the-art

product development centers in the United States and in China.

20. Swim USA executes all of its own color and print development

through its in-house textile design group in New York City, including an extensive

6
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 7 of 63 PageID #: 7

library of print art. This team is made up of expert trend stylists, colorists,

print/CAD designers, hand painters, and technical engineers.

21. Besides MIRACLESUIT®, MAGICSUIT®, and AMORESSA®,

Swim USA’s other proprietary swimwear and apparel brands include

LONGITUDE®, PENBROOKE®, TRIMSHAPER®, ACTIVE SPIRIT®, and

SWIM SOLUTIONS®.

22. Swim USA offers its fashion swimwear for a diverse customer base of

all ages, in a broad range of price points. Its products are offered, promoted, and

sold through a network of national retailers across the United States, including

Nordstrom, Saks Fifth Avenue, Macy’s, Dillard’s, Belk, J.C. Penney, Kohl’s,

Target, and Walmart; well-known specialty stores, like Everything But Water; and

online retailers, like Amazon.com, Zappos.com, and LandsEnd.com.

23. Swim USA estimates it has a major market share of the traditional

women’s swimwear market in the United States and is one of the top 5 swimwear

manufacturers in the United States. Its customers recognize it as the industry leader

in swimwear-fit technology and innovation.

24. Swim USA’s swimwear line has included the “Tara” and “Leroux”-

style swimsuits since at least 2013, and the “Tiering Up”-style tankini top from at

least 2016 through 2019. Each has a unique, recognizable, and elegant design, as

shown below:

7
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 8 of 63 PageID #: 8

Tara style swimsuit Tiering-Up style

tankini top

Leroux style
swimsuit
25. Swim USA’s trade secret and confidential information is owned by

A&H and Mainstream Swimsuits, depending on the nature of the trade secret.

8
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 9 of 63 PageID #: 9

A&H owns supply-side and technical trade secrets, such as information related to

manufacturer information and fabric specifications. Mainstream Swimsuits owns

demand-side and business-related trade secrets, including Plaintiffs’ confidential

customer-related information.

26. Swim USA’s design patents are owned by Global Trademarks, who

has a long tradition of protecting those cutting-edge designs by obtaining and

enforcing its rights throughout the United States. Global Trademarks has licensed

the design patents at issue here to the other Swim USA entities.

27. Swim USA’s copyrights are owned by Mainstream Swimsuits, which

Mainstream Swimsuits has licensed to the other Swim USA entities.

THE ASSERTED DESIGN PATENTS

28. U.S. Design Patent No. D774,730 S for “Swimsuit” (the “’730

Patent”) was duly and lawfully issued by the USPTO on December 27, 2016 to

Global Trademarks. Mark Waldman is listed as the sole inventor. The patent issued

from U.S. Design Patent Application No. 29/506,418 (the “’418 Application”),

which was filed on October 15, 2014. On October 2, 2014, Mr. Waldman assigned

his rights in the design claimed in the ’730 Patent to Global Trademarks. The

assignment was recorded with the USPTO and is located at reel/frame number

034007/0742.

9
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 10 of 63 PageID #: 10

29. The ’730 Patent carries a presumption of validity under 35 U.S.C.

§ 282(a) and is enforceable.

30. The ’730 Patent claims a new, original, and ornamental design for a

swimsuit, as shown in the figure of the ’730 Patent, reproduced in part below and

shown in Exhibit 1, with the broken lines of equal length forming no part of the

claimed design:

31. Mainstream Swimsuits and A&H, under license from Global

Trademarks, manufacture and sell the “Tara”-style swimsuit, sold under the

MAGICSUIT® brand, which embodies the claimed design of the ’730 Patent:

10
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 11 of 63 PageID #: 11

Tara style swimsuit The ’730 Patent

32. U.S. Design Patent No. D731,146 S for “Swimsuit Top” (the “’146

Patent”) was duly and lawfully issued by the USPTO on June 9, 2015 to Global

Trademarks. Cecilea Dweck is listed as the sole inventor. The patent issued from

U.S. Design Patent Application No. 29/445,019 (the “’019 Application”), which

was filed on February 6, 2013. On January 31, 2013, Ms. Dweck assigned her

rights in the design claimed in the ’146 Patent to Global Trademarks. The

assignment was recorded with the USPTO and is located at reel/frame number

029768/0132.

33. The ’146 Patent carries a presumption of validity under 35 U.S.C.

§ 282(a) and is enforceable.

11
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 12 of 63 PageID #: 12

34. The ’146 Patent claims a new, original, and ornamental design for a

swimsuit, as shown in the figure of the ’146 Patent, reproduced in part below and

shown in Exhibit 2, with the broken lines of equal length forming no part of the

claimed design:

35. Mainstream Swimsuits and A&H, under license from Global

Trademarks, previously manufactured the “Tiering Up”-style swimsuit top, sold

under the MIRACLESUIT® brand, which embodied the claimed design of the

’146 Patent:

12
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 13 of 63 PageID #: 13

Tiering Up Tankini Top The ’146 Patent

36. U.S. Design Patent No. D930,328 S for “Swimsuit” (the “’328

Patent”) was duly and lawfully issued by the USPTO on September 14, 2021 to

Global Trademarks. Mark Waldman is listed as the sole inventor. The patent issued

from U.S. Design Patent Application No. 29/770,909 (the “’909 Application”),

which was filed on February 17, 2021. On August 6, 2019, Mr. Waldman assigned

his rights in the design claimed in the ’328 Patent to Global Trademarks. The

assignment was recorded with the USPTO and is located at reel/frame number

055301/0590.

37. The ’328 Patent carries a presumption of validity under 35 U.S.C.

§ 282(a) and is enforceable.

38. The ’328 Patent claims a new, original, and ornamental design for a

swimsuit, as shown in the figure of the ’328 Patent, reproduced in part below and

13
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 14 of 63 PageID #: 14

shown in Exhibit 3, with the broken lines of equal length forming no part of the

claimed design:

39. Mainstream Swimsuits and A&H, under license from Global

Trademarks, manufactures multiple products, including the “Leroux”-style

swimsuit, previously sold under the AMORESSA® brand, which will be sold in

the future under the MAGICSUIT® brand and embodies the claimed design of the

’328 Patent:

14
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 15 of 63 PageID #: 15

Leroux One Piece Swimsuit The ’328 Patent

PLAINTIFFS’ TRADE-SECRET, CONFIDENTIAL,

AND PROPRIETARY INFORMATION

40. The tremendous appeal of Swim USA’s control swimwear products is

twofold—innovative patented designs combined with specific control fabrics of

superior construction.

41. The confidential supply and manufacturing process for Swim USA’s

swimwear products involves participation from multiple specialized entities. For

example, the process requires a specialized textile mill to produce the base fabric, a

specialized textile printer to enhance the fabric with selected colors and designs,

and specialized cutters and sewers to work with the printed fabric to make

swimwear to Swim USA’s specifications. The process requires careful

coordination and experimentation on behalf of Swim USA to ensure that each

15
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 16 of 63 PageID #: 16

participant in the supply and manufacturing process can capably and effectively

work with the product of the others in the chain.

42. Beginning in 1989, A&H approached textile mills to develop custom

fabric blends that could achieve the desired effect for shape-control swimwear.

Working with over half a dozen mills, A&H asked them to create fabrics that

would have the compression and modulus necessary to perform the desired shaping

function. After sampling and testing these fabrics, including by creating prototype

products, it selected one textile mill in the United States capable of meeting its

requirements. A&H has since worked with this same textile mill for over thirty

years. The original swimwear developed by A&H using this fabric was so unique

and innovative that it filed for a patent in 1992, which was granted in 1994. See

U.S. Patent No. 5,359,732. Since that time, A&H has continued to innovate and

develop improved custom control fabric blends.

43. Following a similar pattern of sampling and selection, A&H identified

two specialized printers, one in the United States and another in Korea, that could

capably work with the specific fabric produced by the textile mill. Similarly, A&H

identified a facility in Colombia that could effectively cut and sew the printed

fabric. A&H has invested a great deal of effort, experimentation, and trial and error

in this process to arrive at an optimized supply and manufacturing chain.

16
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 17 of 63 PageID #: 17

44. The identity, specialized capabilities, and information regarding every

manufacturer in the supply chain—including A&H’s textile mill, printer, and cut-

and-sew facility—is trade-secret, confidential, and proprietary information. A&H

carefully protects the secrecy of this information, even as to the other participants

in its supply and manufacturing chain. To avoid the identification of any of its

manufacturers, A&H prevents the textile mill from shipping fabric directly to the

printer and the printer from shipping directly to the cut-and-sew facility. Instead,

the textile mill ships ready fabrics to A&H warehouses, where indicia of their

origins is concealed or destroyed before the materials are shipped to the printer.

This step is repeated before the cut-and-sew facility receives the fabric. As a result,

the various supply partners in Swim USA’s supply chain are not privy to the

identify of other members of the chain.

45. Swim USA’s unique and innovative, proprietary control fabric blends,

including MIRATEX®, MAGICTEX®, and MIRASHAPE®, gives wearers of

MIRACLESUIT®, MAGICSUIT®, and AMORESSA® swimsuits extra support

and a slimming effect.

46. Swim USA is also known for its confidential and proprietary design

methods that create control without drawing attention to the control-shaping

properties of the swimwear.

17
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 18 of 63 PageID #: 18

47. A&H has developed its variety of control and draping fabrics in

secrecy. Swim USA’s success in using earlier versions of these fabrics in

MIRACLESUIT® led it to invest in further control swimwear brands,

MAGICSUIT® and AMORESSA®, launched in 1993 and 2015 respectively. Each

brand team works directly with A&H to develop their fabrics, patterns, and

designs. And each resulting design has a fabric specification sheet, naming the

details of each fabric blend used in the design, as well as the information about the

textile mill, printer, and cut-and-sew facility used to produce the design. A&H

licenses the information in these fabric specification sheets to Mainstream

Swimsuits, so that each brand team can work with A&H to continue developing

their designs. Every employee and contractor of A&H and Mainstream Swimsuits

enters into non-disclosure agreements to ensure that all proprietary information,

including fabric specification sheets, remain confidential. A&H’s fabric

specifications and manufacturer information are all maintained as trade-secret

information subject to manufacturer and employee confidentiality agreements and

shared with employees only on a need-to-know basis. A&H has shared this

confidential information with its textile mill, which has agreed to keep this

information confidential and has not shared it with any third party.

48. A&H guards the specifications of its fabrics as trade-secret,

confidential, and proprietary information. As a result, both its control and draping

18
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 19 of 63 PageID #: 19

fabrics have not been used by any other company in the swimwear market. These

fabric specifications are not reverse engineerable from the fabric itself.

49. As the customer-facing arm of Swim USA, Mainstream Swimsuits

has developed hard-earned and valuable relationships with customers and retailers

since MIRACLESUIT® was first launched in late 1991. At the same time,

MIRACLESUIT® adopted the now-federally registered slogan, LOOK TEN

POUNDS LIGHTER IN 10 SECONDS®. MIRACLESUIT® and MAGICSUIT®

products are now available in hundreds stores throughout the United States and

available online through Swim USA’s ecommerce website at

www.miraclesuit.com.

50. Today, Mainstream Swimsuits maintains detailed wholesale customer

information lists, including contact information, as well as detailed information

about the sales history and customer preferences about certain swimsuits styles by

sales channel, body type, and sizes. It uses this information to identify demand for

popular styles and to shift production to meet this demand, often repeating popular

styles. It also uses this information to identify which customers are the most

successful retailers, and to anticipate the needs of those customers as well as to

negotiate prices.

51. Mainstream Swimsuits’ customer-related information, including its

customer lists, and information about customer specific preferences, prices, and

19
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 20 of 63 PageID #: 20

sales, are trade-secret, confidential, and proprietary information generated by

thousands of hours of negotiations and years of data collection and relationship

building. Mainstream Swimsuits does not share its customer-related information

outside of Swim USA.

52. Swim USA requires all employees to sign non-disclosure agreements.

Swim USA also secures its computers, servers, and computer networks with

password protection and its professional IT staff regularly update the system to

maintain information security. Moreover, Swim USA has physical security at its

facilities. Swim USA further prints confidentiality information on communications

shared with its partner factories and, during onboarding of new factories,

communicates formal instructions regarding confidentiality.

THE ASSERTED COPYRIGHTS

53. In the early stages of product development, a designer creates

sketches of a proposed design. From August 7, 2006 to September 23, 2023, Brian

Davis was a swimwear designer employed by Swim USA, and was employed by

Mainstream Swimsuits at all relevant times herein. From approximately May 2008

to late 2021/early 2022, Mr. Davis was assigned in whole and/or in part to the

MAGICSUIT® division. In that role, his job was to design and sketch new

MAGICSUIT® swimsuits for consideration for the upcoming season. To protect its

20
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 21 of 63 PageID #: 21

coveted and valuable designs, Mainstream Swimsuits obtained copyright

registrations for various unpublished sketches by Mr. Davis.

54. Mainstream Swimsuits is the owner of U.S. Copyright Registration

No. VAu 1-513-127, which was obtained using the U.S. Copyright Office’s

procedures for Group Registration of Unpublished Works, reproduced in part

below. See Exhibit 4. The registration covers ten unpublished sketches made by

Mr. Davis, including the MAGICSUIT® Hankerchief Hem Tankini,

MAGICSUIT® Claudia Update, MAGICSUIT® Chloe One-Piece,

MAGICSUIT® Grommet Romper, and MAGICSUIT® Sophie Maillot.

MAGICSUIT® Hankerchief Hem Tankini

21
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 22 of 63 PageID #: 22

MAGICSUIT® Claudia Update

MAGICSUIT® Chloe One-Piece

22
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 23 of 63 PageID #: 23

MAGICSUIT® Grommet Romper

MAGICSUIT® Sophie Maillot

23
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 24 of 63 PageID #: 24

Plaintiffs’ Executive Who Was Privy to Trade Secret and Copyrighted

Information Left SWIM USA and Joined Amerex

55. Paula Morse has worked with Swim USA, on and off since 1995, in

various sales capacities related to the development of Plaintiffs’ control swimwear

brands. From May 2018 to March 2020, Ms. Morse served as the President of the

MAGICSUIT® division at Mainstream Swimsuits. In this capacity, Ms. Morse was

responsible for managing retail and wholesale, merchandising, design, marketing,

and product development processes for the MAGICSUIT® brand.

56. Before becoming President of the MAGICSUIT® division, Ms.

Morse rejoined Swim USA in 2015. As part of her onboarding, Ms. Morse entered

into a Confidentiality Agreement with Plaintiffs on May 18, 2015.

57. The Confidentiality Agreement defined “Confidential Information” as

follows:

Information concerning the Company and its Affiliated Entities that is

disclosed to you that is not generally known by Competitors,
including, but not limited to: information concerning its business,
financial condition, operations, assets and liabilities, research and
development, marketing and public relations strategies, formulas,
programs, systems of operations, identification of suppliers and
resources of goods and services to the Company, information
regarding the needs and preferences of the Company’s customers and
guests, employee information, training manuals, written procedures
integral to the Company’s day-to-day operations, trade secrets, sales,
products, services, accounts, customers and customer lists, purchasers
of the Company’s products, marketing, packaging, merchandising,
distribution, manufacturing, finance, financial data, technology,
intellectual property (patents, design patents, trademarks, trade dress,
copyrights), strategies, business structures, operations or ventures or

24
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 25 of 63 PageID #: 25

other business affairs or plans, or information relating to existing or

contemplated businesses, products and/or services of the Company
and any other information which the Company does not ordinarily
disclose to third parties not in a relationship of confidence with the
Company.

In section 2(a), Ms. Morse agreed to “not disclose Confidential Information of the

Company,” “not to circumvent the efforts of the Company by pursuing commercial

ventures that come to its or his attention by virtue of the Confidential information

of the Company,” and not to pursue “commercial ventures or relationships based

on Confidential Information, absent written approval of the Company.” In section

2(b), Ms. Morse agreed to “not use the Confidential Information other than in

relation to the Employment Relationship.”

58. In Section 3(a), Ms. Morse further agreed to “redeliver all

documents,” including those “acquired in connection with the Employment

Relationship,” within five days in the event of an end to the employment

relationship.

59. From May 18, 2015 to April 20, 2020, Ms. Morse accessed and used

Mainstream Swimsuits and A&H-shared trade-secret, confidential, and proprietary

information as part of her employment in accordance with the Confidentiality

Agreement. This information related to, for example, various aspects of Swim

USA’s operations, and included at least fabric information, including fabric

specification sheets and product charts; fabric supplier information, including

25
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 26 of 63 PageID #: 26

supplier, mill, and printer contact information; and customer information, including

customer order history and the MAGICSUIT® contact list, containing wholesale

customer contact information such as account name, job title, name, phone number,

and email addresses.

60. In her capacity as MAGICSUIT® Division President, Ms. Morse used

A&H and Mainstream Swimsuits trade-secret information on a daily basis. For

example, Ms. Morse regularly received fabric specification sheets from A&H

product managers, including information about the mill and printer responsible for

manufacturing each selected fabric. She also maintained files on MAGICSUIT®

sales, including detailed information on the bulk orders made by MAGICSUIT®

customers. All such information would have been available in her work email and

her company files.

61. In her capacity as MAGICSUIT® Division President, Ms. Morse

worked regularly with Mr. Davis, overseeing and collaborating with him in his

sketching process. Mr. Davis presented design sketches to Ms. Morse for her to

make selections for production. All of his design sketches, including those covered

by U.S. Copyright Registration No. VAu 1-513-127, were available to her as

photographs saved in her company files.

62. While acting as President of the MAGICSUIT® Division, Ms. Morse

sent emails to her personal Gmail account containing Plaintiffs’ trade-secret,

26
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 27 of 63 PageID #: 27

confidential, and proprietary information on at least two occasions. On July 2,

2018, Ms. Morse sent an email titled “my notes” to her personal Gmail account

containing the contact information of the textile mill that worked with Swim USA.

On April 1, 2019, Ms. Morse sent an email to her personal Gmail account attaching

a .pdf of an order dashboard of a major bulk-order customer. This dashboard

summarized how well certain products sold by breaking them down into

categories; for example, what type of bodies—such as swimdress, one-pieces—

sold best, as well as which sizes sold best, among other things.

63. On March 22, 2020, Ms. Morse was informed that she would be

furloughed on the next day due to the economic pressures created by the COVID-

19 pandemic.

64. On March 26, 2020, three days after being furloughed, Plaintiffs’

digital records show that Ms. Morse sent two emails to her personal Gmail account

containing Plaintiffs’ trade-secret, confidential, and proprietary information. One

email attached the “MAGICSUIT Contact List,” and the other attached a detailed

order history of a major bulk-order customer. Plaintiffs first discovered these

digital records in a search conducted in late 2023.

65. Company records indicate that Ms. Morse accessed her company-

issued hardware for the last time on April 18, 2020 at 10:40 pm. Her access to

company-owned electronic devices was terminated later that day.

27
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 28 of 63 PageID #: 28

66. On April 20, 2020, Diane Richino, Director of Human Resources of

Swim USA, sent Ms. Morse a Severance Plan and Separation Agreement.

67. The Severance Agreement incorporates the same definition of

“Confidential Information” as used in Ms. Morse’s original May 2015

Confidentiality Agreement. Section 2(a) of the Severance Agreement provides:

You acknowledge that as a result of your employment with the

Company, you have developed, obtained, or learned Confidential
Information, which is the property of the Company. You hereby
covenant and agree to use your best efforts and utmost diligence to
protect such Confidential Information. You agree that except as
specifically authorized by law, you will not disclose any such
Confidential Information for your own benefit or the benefit of any
third party.

In Section 2(c) Ms. Morse further agreed to “not contact, solicit, induce, or attempt

to contact, solicit or induce any of Company’s supply chain partners” for “a period

of twenty-four months following the termination of your employment with the

Company[.]” Finally, in Section 3 of the Severance Agreement, Ms. Morse agreed

to “redeliver all documents or other items furnished by Company, or acquired in

connection with the Employment Relationship and any copies,” and “to the extent

possible, destroy all written material, memoranda notes and other writings or

recordings whatsoever [ . . .] containing or otherwise reflecting any information

relating to the Confidential Information.” Any documents relating to confidential

information not returned or destroyed, Ms. Morse agreed, “shall remain subject to

the confidentiality obligations set forth in this Agreement.” Regarding supplier

28
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 29 of 63 PageID #: 29

information, in Section 12(c) Ms. Morse agreed not to “contact, solicit, induce, or

attempt to contact, solicit, or induce any of Company’s supply chain partners.”

68. During the negotiation of Ms. Morse’s severance, Jack Waldman,

General Counsel of Swim USA, sent Ms. Morse an email on May 15, 2020

reminding her of her confidentiality obligations. He explained that Swim USA

considered fabric specifications developed by Swim USA to be trade-secret,

confidential, and proprietary information. He also noted that Ms. Morse was

prohibited from “going to another firm and disclosing previously unknown

suppliers to that firm whom you learned of through your employment with

SwimUSA.” In other words, Ms. Morse was prohibited from disclosing to her

future employer suppliers that she learned about during her employment at Swim

USA that the future employer did not previously know about prior to Ms. Morse

joining the future employer. She was only allowed to contact SwimUSA suppliers

in future roles if her future employer had a prior relationship with the same

supplier(s).

69. On May 21, 2020, Ms. Morse completed and returned the Severance

Agreement, agreeing to be bound, among other things, to the restrictions outlined

in paragraph 67.

AMEREX HIRES PLAINTIFFS’ FORMER EXECUTIVE AND LAUNCHES

ITS FIRST CONTROL SWIMWEAR LINE

29
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 30 of 63 PageID #: 30

70. On or about May 2020, Ms. Morse started working for Amerex Group

in the role of Executive Vice President/Swimwear.

71. In April 2022, Red Carter, a swimwear designer who has worked at

Amerex since at least 2011, posted on LinkedIn “Launching a new brand,” linking

to Beyond Control’s Instagram page. An Instagram page and Facebook page for

Beyond Control had both been made a month earlier, on March 17, 2022. Before

the launch of Beyond Control, Amerex had never had a control swimwear brand.

72. On April 1, 2022, the Beyond Control official Instagram page began

posting about a “Solid Essentials” swimsuit:

30
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 31 of 63 PageID #: 31

Defendant’s Instagram post, dated April 1, 2022, about the Beyond Control Solid
Essentials Suit

73. On May 20, 2022, the Beyond Control official Instagram page posted

a photograph of a loose-fitting, flowy, draped cowl neck swimsuit:

31
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 32 of 63 PageID #: 32

Defendant’s Instagram post, dated May 20, 2022, about the Beyond Control
Draped Cowl Neck Suit

74. Sometime between April and July 2022, Red Carter made a private

LinkedIn post about the same swimsuit, captioned, “A shout out to all the amazing

retailers who are supporting ‘Beyond Control’ 2023 collection. I am blown away.”

Ms. Morse commented, “This makes me proud!!!”

32
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 33 of 63 PageID #: 33

Red Carter’s LinkedIn post, about Beyond Control’s

Draped Cowl Tankini Top

33
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 34 of 63 PageID #: 34

75. On or about July 16 to July 18, 2022, the same photograph of

Defendant’s Draped Cowl Neck Tankini, posted by Red Carter, was exhibited in

life size at Defendant’s swim market booth at the Miami Swim Week trade show at

the South Beach Convention Center in Miami Beach, Florida. Miami Swim Week

is the primary event for brands from all over the world to launch their new

swimwear lines and is attended by hundreds of swimwear brands and suppliers.

76. At the Miami Swim Week event, Defendant distributed a “look book”

showcasing its 2023 collection of all-over body control swimwear products under

the trade name “Beyond.” Swim USA first learned about the Beyond product line

when its representative attended to the Miami Swim week in July 2022. Exhibit 5.

The look book included the following designs:

34
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 35 of 63 PageID #: 35

Excerpted Images from defendant’s Look Book, distributed in July 2022

at Miami Swim Week

77. On January 27, 2023, the Beyond Control official Instagram page

posted about the Geometric Overlay swimsuit:

35
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 36 of 63 PageID #: 36

Defendant’s Instagram post, dated January 27, 2023, about the Beyond Control
Geometric Overlay Suit

78. Once available for sale, Swim USA purchased various products from

the Beyond Control 2023 Collection and carefully analyzed them. The fabrics used

by Beyond Control are nearly identical in feel and physical characteristics (as

confirmed by the sewn-in tags) to the proprietary blends used by Swim USA.

Those proprietary blends have never been used by another competitor.

36
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 37 of 63 PageID #: 37

79. Beyond Control’s 2023 collection of products also appear remarkably

similar to swimsuits that Swim USA designed and sold when Ms. Morse was an

employee from May 2015 to March 2020.

Defendant’s look book, of Geometric

Plaintiffs’ Tiering Up Tankini
Overlay design

Defendant’s look book, of High Neck

Plaintiffs’ Tara One Piece Swimsuit
Keyhole & Twist design

37
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 38 of 63 PageID #: 38

Plaintiffs’ Network News Minx Defendant’s look book of One Shoulder

One Piece Swimsuit Mesh Cut Outs design

DEFENDANT’S MISAPPROPRIATION OF PLAINTIFFS’ TRADE

SECRETS AND WRONGFUL COPYING OF PATENTED DESIGNS AND
REGISTERED COPYRIGHTS

80. Beyond Control is marketed in the same trade channels as

MAGICSUIT®, MIRACLESUIT®, and AMORESSSA® suits and targets the

same figure-conscious customers. Beyond Control was created to capture

MAGICSUIT®, MIRACLESUIT®, and AMORESSSA® retail customers and to

chip away at Swim USA’s market share of control swimsuits.

81. Defendant’s first collection of control swimwear copies various

aspects of Swim USA’s control swimwear line. The fabrics, designs, and color

schemes are similar.

38
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 39 of 63 PageID #: 39

82. On information and belief, Defendant developed Beyond Control

using and relying on Ms. Morse’s knowledge, including of Plaintiffs’ confidential

information. Defendant knew or should have known that the information supplied

by Ms. Morse was Plaintiffs’ trade-secret, confidential, and proprietary information

and that Ms. Morse, as a former executive with Plaintiffs, was likely under

confidentiality obligations. On information and belief, Defendant intentionally and

improperly encouraged and allowed Ms. Morse to use her knowledge of Plaintiffs’

confidential information to develop a competing brand of swimsuits.

83. Without Plaintiffs’ authorization or approval, Defendant has been

offering and promoting look books that infringe Mainstream Swimsuits’

copyrights, and offering, promoting, and selling knock-off swimsuits that infringe

Global Trademark’s design patents.

84. Rather than seek a license to use Swim USA’s innovative and

uniquely designed swimwear, Defendant has resorted to creating look books that

willfully infringe Plaintiffs copyrights and creating, offering for sale, promoting,

and selling knock-off swimsuits that infringe Plaintiffs’ U.S. Design Patent

Registration Nos. D774,730; D731,146; and D930,328 (collectively, the “Patents-

in-Suit”) without Plaintiffs’ authorization or approval.

85. As shown in the photographs below, Defendant has created and

distributed unauthorized copies of Global Trademark’s U.S. Copyright Registration

39
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 40 of 63 PageID #: 40

No. VAu 1-513-127 through the Beyond Control Resort 2023 look book that it

distributed at the July, 2022 Miami Swim Week.

U.S. Copyright Registration No. Defendant’s look book, of Geometric Overlay

VAu 1-513-127 (Exhibit 4) design
7

U.S. Copyright Registration No. Defendant’s look book of High Neck Tankini
VAu 1-513-127 (Exhibit 4) design

40
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 41 of 63 PageID #: 41

U.S. Copyright Registration No.

Defendant’s look book of Elastic Trim design
VAu 1-513-127 (Exhibit 4)

U.S. Copyright Registration No.

Defendant’s look book of Blouson design
VAu 1-513-127 (Exhibit 4)

41
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 42 of 63 PageID #: 42

86. By distributing unauthorized copies of Global Trademarks’

copyrights, Defendant willfully, knowingly, and intentionally infringed Global

Trademark’s registered copyrights.

87. In addition, as shown in the photographs below, Defendant has been

making, offering, promoting, and selling knock-off swimsuits using the “Tara”-

style swimsuit design, as claimed in the ’730 Patent, through its “Beyond Control

Solid Essentials High Neck One Piece Swimsuit” and similar appearing products:

’730 Patent Beyond Control Solid Essentials High Neck One

Piece Swimsuit

88. Defendant’s “Beyond Control Solid Essentials High Neck One Piece

Swimsuit” and similar-appearing products are available for sale at least via catalog

42
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 43 of 63 PageID #: 43

and telephone, as well as on www.beyondswimwear.com, www.macys.com,

www.seasideshoesandswim.com , and www.dillards.com.

89. Defendant has also been making, offering, promoting, and selling

knock-off swimsuits using the “Tiering Up”-style tankini top design, as claimed in

the ’146 Patent, through its Beyond Control “Geometric Overlay One Piece

Swimsuit” product:

’146 Patent Geometric Overlay One Piece Swimsuit

90. Defendant’s Beyond Control “Geometric Overlay One Piece

Swimsuit” is available for sale at least via catalog and on

www.beyondswimwear.com, www.macys.com, www.keywestswimwear.com,

www.visithawthorn.com, www.modesens.com, and www.dillards.com.

43
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 44 of 63 PageID #: 44

91. Defendant has also been making, offering, promoting, and selling

knock-off swimsuits using the “Leroux”-style swimsuit top design, as claimed in

the ’328 Patent, through its “Beyond Tummy Control Giving Attitude One

Shoulder One Piece Swimsuit” product and “Beyond Tummy Control Solid

Essentials One Shoulder One Piece Mesh Swimsuit”:

Beyond Tummy Control Solid Essentials One Shoulder

’328 Patent
One Piece Mesh Swimsuit

44
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 45 of 63 PageID #: 45

92. Defendant’s “Beyond Tummy Control Giving Attitude One Shoulder

One Piece Swimsuit” and “Beyond Tummy Control Solid Essentials One Shoulder

One Piece Mesh Swimsuit” are available for sale at least via catalogue and on

www.beyondswimwear.com, www.macys.com, www.visithawthorn.com,

www.amazon.com, and www.coolspringsgalleria.com.

93. In general, Defendant’s target customer is someone interested in

buying a women’s swimsuit. A typical customer would at least find Defendant’s

products online through Defendant’s own website and on the Macy’s, Dillard’s,

and Amazon websites, among other smaller retail platforms. Defendant’s products

at issue originally retailed for between $120.00 to $150.00.

INJURY TO PLAINTIFFS AND THE PUBLIC

94. By misappropriating Plaintiffs’ trade secrets and tortiously interfering

with the confidentiality agreements between Ms. Morse and Plaintiffs, Defendant

has unfairly benefitted from Plaintiffs’ research and development, and capitalized

on Plaintiffs’ supplier and customer relationships, without having to make the

significant investments of time and resources that Plaintiffs’ invested to develop its

trade secrets and products.

95. By copying Plaintiffs’ copyrighted sketches and artwork, Defendant

has unfairly taken creative work product belonging to Plaintiffs and used it to

advertise Defendant’s products and generate sales through its look book.

45
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 46 of 63 PageID #: 46

96. By copying Plaintiffs’ patented designs, Defendant has unfairly

benefited from Plaintiffs’ and Swim USA’s hard-earned innovations. As a result of

the undeniable similarities between the Swim USA’s “Tara,” “Tiering Up,” and

“Leroux”-style swimsuit products, ordinary purchasers are likely to find that the

Defendant’s products are substantially the same as Plaintiffs’ patented designs.

97. As a direct and proximate result of Defendant’s misappropriation,

tortious interference, and infringements, Plaintiffs have suffered and will continue

to suffer irreparable loss of income, profits, and goodwill and Defendant has been

unjustly enriched and will continue to unfairly avoid costs and acquire income,

profits, and goodwill.

98. Defendant’s acts, as described above, have damaged (in an amount to

be proven at trial) and irreparably injured Plaintiffs and, if permitted to continue,

will further damage and irreparably injure Plaintiffs and their federally registered

design patents and copyrights.

99. Plaintiffs have no adequate remedy at law.

100. As a direct and proximate result of the Defendant’s actions, Plaintiffs

are entitled to injunctive relief.

101. Defendant has acted knowingly, willfully, in reckless disregard of

Plaintiffs’ rights, and in bad faith, as evidenced in part by Defendant’s deliberate

46
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 47 of 63 PageID #: 47

actions in hiring Plaintiffs’ executive with access to Swim USA trade secrets and

its obvious copying of Plaintiffs’ designs.

COUNT I
Trade Secret Misappropriation
UNDER 18 U.S.C. § 1836

102. Plaintiffs repeat and incorporate by reference all prior allegations

above.

103. Plaintiffs own, license, and possess certain trade-secret, confidential,

and proprietary information, including technical information, such as particular

fabric specification sheets; manufacturing information, such as the identity of

particular entities and their specific capabilities; and business information, such as

wholesale customer identities paired with confidential long-term data regarding

their purchase preferences, prices, and volumes. This information was and is

neither publicly known nor readily ascertainable.

104. By, among other things, storing Plaintiffs’ trade-secret information on

secure servers, keeping them password protected, providing access to their trade-

secret information only to select employees with a need to know, and sharing the

data only with third parties who agree to a non-disclosure agreement to use the

data solely for limited business purposes, Plaintiffs have taken reasonable

measures to keep their information secret.

47
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 48 of 63 PageID #: 48

105. Plaintiffs derive independent economic value from their trade-secret,

confidential, and proprietary information—both actual and potential—from the

information not being generally known to other persons or businesses who could

obtain economic value from its disclosure or use. Specifically, Plaintiffs’ technical

trade-secret information provides a competitive advantage as it enables Plaintiffs to

provide a unique product to the market that others have, prior to Defendant’s

misappropriation, been unable to mimic. Plaintiffs built a unique set of highly

successful brands based on its technical trade-secret information. Plaintiffs’

manufacturing related trade secrets provide a competitive advantage as they

represent years of experimentation and trial and error in an effort to optimize a

supply and manufacturing chain that can produce a successful product efficiently

and effectively. Plaintiffs’ business-related trade secrets provide a competitive

advantage because they provide unique insights into customer purchase decisions,

customer preferences, prices, and volumes.

106. Ms. Morse misappropriated Plaintiffs’ trade-secret information by

disclosing it to Defendant and using it to create Defendant’s Beyond Control

product line without Plaintiffs’ permission. At the time of Ms. Morse’s disclosure

and use of Plaintiffs’ trade-secret information, she knew that she had acquired

Plaintiffs’ trade-secret information under confidentiality obligations that required

her to maintain its secrecy and limit its use. On information and belief, Ms. Morse

48
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 49 of 63 PageID #: 49

used Plaintiffs’ trade-secret information to help build a competing control

swimwear brand that sells similar products.

107. Defendant misappropriated Plaintiffs’ trade-secret information by

acquiring it from Ms. Morse and using it, despite having knowledge or at least

reason to know that Ms. Morse stole trade-secret, confidential, and proprietary

information from Plaintiffs and provided it to Defendant without Plaintiffs’

permission.

108. Defendant misappropriated Plaintiffs’ trade-secret information by

acquiring, disclosing, and/or using it without Plaintiffs’ permission, despite

knowing or having reason to know that it was acquired through improper means.

Specifically, at the time Defendant used the information, it knew or had reason to

know that Ms. Morse had acquired the information under a Confidentiality

Agreement and other circumstances giving rise to a duty to maintain its secrecy

and limit its use. Defendant solicited Plaintiffs’ trade-secret information from Ms.

Morse and used it to develop fabric specifications, supplier relationships, and

customer contacts; to make its competing control swimwear products; and to build

its competing Beyond Control brand.

109. On information and belief, Defendant’s willful misappropriation

continues to the present day.

49
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 50 of 63 PageID #: 50

COUNT II
VIOLATION OF THE DELAWARE UNIFORM TRADE SECRETS ACT
UNDER 6 DEL. C. § 2001 et seq.

110. Plaintiffs repeat and incorporate by reference all prior allegations

above.

111. As describe above, Defendant misappropriated Plaintiffs’ trade-secret

information by acquiring it from Ms. Morse and using it, despite having

knowledge or at least reason to know that Ms. Morse stole trade-secret,

confidential, and proprietary information from Plaintiffs and provided it to

Defendant without Plaintiffs’ permission.

112. As describe above, Defendant misappropriated Plaintiffs’ trade-secret

information by acquiring, disclosing, and/or using it without Plaintiffs’ permission,

despite knowing or having reason to know that it was acquired through improper

means. Specifically, at the time Defendant used the information, it knew or had

reason to know that Ms. Morse had acquired the information under confidentiality

obligations giving rise to a duty to maintain its secrecy and limit its use. On

information and belief, Defendant solicited Plaintiffs’ trade-secret information

from Ms. Morse and used it to develop fabric specifications, supplier relationships,

and customer contacts; to make its competing control swimwear products; and to

build its competing Beyond Control brand.

50
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 51 of 63 PageID #: 51

113. As described above, Plaintiffs own, license, and possess certain trade-

secret information, including technical information, such as particular fabric

specification sheets; manufacturing information, such as the identity of particular

entities and their specific capabilities; and business information, such as wholesale

customer identities paired with confidential long-term data regarding their

purchase preferences, prices, and volumes. This information was and is neither

publicly known nor readily ascertainable.

114. By, among other things, storing Plaintiffs’ trade-secret information on

secure servers, keeping them password protected, providing access to their trade-

secret information only to select employees with a need to know, and sharing the

data only with third parties who signed a non-disclosure agreement to use the data

for solely, limited business purposes, Plaintiffs have taken reasonable measures to

keep their information secret.

115. As described above, Plaintiffs’ trade-secret information has economic

value to Plaintiff, from generally not being known to, and not being readily

ascertainable through proper means, by another person who can obtain economic

value from the disclosure or use of the data.

116. As described above, Defendant willfully and maliciously

misappropriated Plaintiffs’ trade-secret information by acquiring, disclosing,

and/or using it without Plaintiffs’ permission, despite knowing or having reason to

51
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 52 of 63 PageID #: 52

know that it was acquired through improper means. On information and belief,

Defendant solicited Plaintiffs’ trade-secret information from Ms. Morse and used it

to develop fabric specifications, supplier relationships, and customer contacts; to

make its competing control swimwear products; and to build its competing Beyond

Control brand and sell competing control swimwear.

117. On information and belief, Defendant’s willful misappropriation

continues to the present day.

COUNT III
TORTIOUS INTERFERENCE WITH CONTRACT

118. Plaintiffs repeat and incorporate by reference all prior allegations

above.

119. The Confidentiality Agreement and the Severance Agreement

(“Agreements”) constitute valid and enforceable contracts between Ms. Morse and

Plaintiffs.

120. In providing Mainstream Swimsuits’ confidential information to

Defendant and/or in using Mainstream Swimsuits’ confidential information to

benefit Defendant for purposes not permitted under the Agreements, Ms. Morse

breached the Agreements by failing to comply with their terms and conditions.

121. On information and belief, without justification Defendant

intentionally and improperly solicited Mainstream Swimsuits’ confidential

information from Ms. Morse and used it to develop fabric specifications, supplier

52
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 53 of 63 PageID #: 53

relationships, and customer contacts; to make its competing control swimwear

products; and to build its competing Beyond Control brand.

122. On information and belief, at the time Defendant received and used

the information, it knew or had reason to know that Ms. Morse had acquired the

information under the Agreements and other circumstances giving rise to a duty to

maintain its secrecy and limit its use and that Ms. Morse was under an obligation

not to disclose Mainstream Swimsuits’ confidential information.

123. On information and belief, Defendants’ solicitation of Mainstream

Swimsuits’ confidential information was a significant factor in Ms. Morse’s breach

of the Agreements.

COUNT IV
DESIGN PATENT INFRINGEMENT OF THE ’730 PATENT
UNDER 35 U.S.C. §§ 271, 289

124. Plaintiffs repeat and incorporate by reference all prior allegations

above.

125. In the eye of the ordinary observer familiar with the prior art, giving

such attention as a purchaser of Defendant’s “Beyond Control Solid Essentials

High Neck One Piece Swimsuit” would usually give, the design of the ’730 Patent

and the design of Defendant’s “Beyond Control Solid Essentials High Neck One

Piece Swimsuit” are substantially the same, such that the ordinary observer would

be deceived into believing that the design of Defendant’s “Beyond Control Solid

53
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 54 of 63 PageID #: 54

Essentials High Neck One Piece Swimsuit” are same as the design of the ’730

Patent.

The ’730 Patent Defendant’s Design

126. Defendant has infringed and continue to infringe the ’730 Patent by

making, using, selling, and offering for sale in the United States, and/or importing

into the United States the “Beyond Control Solid Essentials High Neck One Piece

Swimsuit” embodying the design of the ’730 Patent, without authority or license

from Global Trademarks. Additionally, Defendant has infringed and continues to

infringe the ’730 Patent by applying the patented design, or a colorable imitation

thereof, to an article of manufacture, such as the “Beyond Control Solid Essentials

High Neck One Piece Swimsuit” for the purpose of sale and/or by selling, offering,

or exposing for sale an article of manufacture, such as the “Beyond Control Solid

54
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 55 of 63 PageID #: 55

Essentials High Neck One Piece Swimsuit” to which the design of the ’730 Patent

or a colorable imitation thereof has been applied. Defendant’s actions violate 35

U.S.C. §§ 271(a) and 289.

COUNT V
DESIGN PATENT INFRINGEMENT OF THE ’146 PATENT
UNDER 35 U.S.C. §§ 271, 289

127. Plaintiffs repeat and incorporate by reference all prior allegations

above.

128. In the eye of the ordinary observer familiar with the prior art, giving

such attention as a purchaser of Defendant’s “Beyond Control Bora Bora Bay Geo

Overlay One-Piece Swimsuit” would usually give, the design of the ’146 Patent

and the design of Defendant’s Beyond Control “Geometric Overlay One Piece

Swimsuit” are substantially the same, such that the ordinary observer would be

deceived into believing that the design of Defendant’s “Beyond Control Bora Bora

Bay Geo Overlay One-Piece Swimsuit” is same as the design of the ’146 Patent.

55
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 56 of 63 PageID #: 56

The ’146 Patent Defendant’s Design

56
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 57 of 63 PageID #: 57

129. Defendant has directly infringed and continues to infringe the ’146

Patent by making, using, selling, and offering for sale in the United States, and/or

importing into the United States, the “Beyond Control Bora Bora Bay Geo Overlay

One-Piece Swimsuit” embodying the design of the ’146 Patent without authority or

license from Global Trademarks. Additionally, Defendant has infringed and

continues to infringe the ’146 Patent by applying the patented design, or a

colorable imitation thereof, to an article of manufacture, such as the “Beyond

Control Bora Bora Bay Geo Overlay One-Piece Swimsuit,” for the purpose of sale

and/or by selling, offering, or exposing for sale an article of manufacture, such as

the “Beyond Control Bora Bora Bay Geo Overlay One-Piece Swimsuit,” to which

the design of the ’146 Patent or a colorable imitation thereof has been applied.

Defendant’s actions violate 35 U.S.C. §§ 271(a) and 289.

COUNT VI
DESIGN PATENT INFRINGEMENT OF THE ’328 PATENT
UNDER 35 U.S.C. §§ 271, 289

130. Plaintiffs repeat and incorporate by reference all prior allegations

above.

131. In the eye of the ordinary observer familiar with the prior art, giving

such attention as a purchaser of Defendant’s “Beyond Tummy Control Giving

Attitude One Shoulder One Piece Swimsuit” or “Beyond Tummy Control Solid

Essentials One Shoulder One Piece Mesh Swimsuit” would usually give, the

57
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 58 of 63 PageID #: 58

design of the ’328 Patent and the design of Defendant’s “Beyond Tummy Control

Giving Attitude One Shoulder One Piece Swimsuit” and “Beyond Tummy Control

Solid Essentials One Shoulder One Piece Mesh Swimsuit” are substantially the

same, such that the ordinary observer would be deceived into believing that the

design of Defendant’s “Beyond Tummy Control Giving Attitude One Shoulder

One Piece Swimsuit” and “Beyond Tummy Control Solid Essentials One Shoulder

One Piece Mesh Swimsuit” is same as the design of the ’328 Patent.

The ’328 Patent Defendant’s Design

58
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 59 of 63 PageID #: 59

The ’328 Patent Defendant’s Design

132. Defendant has directly infringed and continues to infringe the ’328

Patent by making, using, selling, and offering for sale in the United States, and/or

importing into the United States, the “Beyond Tummy Control Giving Attitude

One Shoulder One Piece Swimsuit” and “Beyond Tummy Control Solid Essentials

One Shoulder One Piece Mesh Swimsuit” embodying the design of the ’328 Patent

without authority or license from Global Trademarks. Additionally, Defendant has

infringed and continues to infringe the ’328 Patent by applying the patented design,

or a colorable imitation thereof, to an article of manufacture, such as the “Beyond

Tummy Control Giving Attitude One Shoulder One Piece Swimsuit” and “Beyond

Tummy Control Solid Essentials One Shoulder One Piece Mesh Swimsuit,” for the

purpose of sale and/or by selling, offering, or exposing for sale an article of

manufacture, such as the “Beyond Tummy Control Giving Attitude One Shoulder

One Piece Swimsuit” and “Beyond Tummy Control Solid Essentials One Shoulder

One Piece Mesh Swimsuit,” to which the design of the ’328 Patent or a colorable

59
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 60 of 63 PageID #: 60

imitation thereof has been applied. Defendant’s actions violate 35 U.S.C. §§ 271(a)

and 289.

COUNT VII
COPYRIGHT INFRINGEMENT
UNDER 17 U.S.C. § 101 et seq.

133. Plaintiffs repeat and incorporate by reference all prior allegations

above.

134. Mainstream Swimsuits is the owner of U.S. Copyright Registration

Vau 1-513-127, effective date December 7, 2023.

135. Without authorization, Defendant reproduced and disseminated

Mainstream Swimsuits’ copyright-protected sketches (and/or substantially similar

versions thereof) and in doing so infringed Mainstream Swimsuits’ copyrights.

136. Defendant’s actions constitute copyright infringement in violation of

17 U.S.C. § 501(a).

REQUEST FOR RELIEF

WHEREFORE, in consideration of the foregoing, Plaintiffs respectfully

request that this Court enter judgment in their favor on each and every claim for

relief set forth above and award it the following relief, including:

A. A judgment that Defendant has misappropriated Plaintiffs’ trade-

secret information;

60
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 61 of 63 PageID #: 61

B. A judgment against Defendant for exemplary and punitive damages

for the foregoing willful, malicious, and intentional wrongful acts by

Defendant, in an amount consistent with 18 U.S.C. § 1836(b)(3)(C),

with interest;

C. A judgement that Defendant tortiously interfered with the

confidentiality agreements between Ms. Morse and Plaintiffs;

D. A judgment that Defendant’s use of the “Tara,” “Tiering Up,” and

“Leroux”- style swimsuits infringes the claimed design of each of the

Patents-in-Suit;

E. A judgment against Defendant for Defendant’s total profits for any

article of manufacture to which the design of the Patents-in-Suit has

been applied as a result of Defendant’s infringement of the Patents-in-

Suit in an amount to be determined at trial as provided under 35

U.S.C. § 289 and for money damages sustained as a result of

Defendant’s infringement of the Patents-in-Suit in an amount to be

determined at trial as provided under 35 U.S.C. § 284, whichever is

elected by Plaintiffs at trial, with pre-judgment and post-judgment

interest;

F. A judgment that Defendant’s promotional materials infringe

Mainstream Swimsuits’ registered copyrights;

61
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 62 of 63 PageID #: 62

G. A judgment against Defendant for actual damages pursuant to 17

U.S.C. § 504(b), as well as any additional profits of Defendant

attributable to the infringement, in an amount to be proven at trial;

H. A judgment against Defendant for actual damages and unjust

enrichment for the foregoing wrongful acts by Defendant, in an

amount to be proven at trial;

I. An order preliminarily and permanently restraining and enjoining

Defendant, its officers, agents, attorneys and employees, and those

acting in privity or concert with Defendant, from further acts of trade

secret misappropriation and tortious interference; infringement of the

Patents-in-Suit under 35 U.S.C. § 283, including making, importing,

promoting, offering, or exposing for sale, or selling the products with

designs substantially similar to the claimed design of the Patents-in-

Suit, as explained above, until after the expiration date of the Patents-

in-Suit; and infringement the U.S. Copyright Registration Vau 1-513-

127.

J. An award of attorneys’ fees, expenses and costs based on this being an

exceptional case under 35 U.S.C. § 285, including prejudgment

interest on such fees, expenses and costs;

K. Any other and further relief as the Court may deem just.

62
Case 1:25-cv-00545-UNA Document 1 Filed 05/02/25 Page 63 of 63 PageID #: 63

DEMAND FOR JURY TRIAL

Pursuant to Fed. R. Civ. P. 38, Plaintiffs respectfully demands trial by jury

on all issues so triable by jury in this action.

Respectfully submitted,

Dated: May 2, 2025 GORDON REES

SCULLY MANSUKHANI LLP

/s/ Michael C. Heyden, Jr.

Michael C. Heyden, Jr. (#5616)
Joseph E. Brenner (#6643)
824 N. Market Street, Suite 220
Wilmington, DE 19801
Telephone: (302) 992-8954
Facsimile: (302) 724-6444
[email protected]

-and-

Douglas A. Rettew (pro hac vice pending)

Elizabeth D. Ferrill (pro hac vice pending)
FINNEGAN, HENDERSON, FARABOW,
GARRETT & DUNNER, LLP
901 New York Avenue, N.W.
Washington, D.C. 20001-4413
(202) 408-4000
[email protected]
[email protected]

Attorneys for Plaintiffs

63