Professional Documents
Culture Documents
Document 1
Filed 03/21/13
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Smashing
CVINIVar
j
15 0 2
Opening Ceremony, LLC, Yoko Ono, Does 1-10, XYZ Corporations 1-10.
John
al4cfs
Defendants.
Smashing
(collectively referred
to
as
"Plain-
tiff') by and through Plaintiffs attorneys, The Aboushi Law Firm, PLLC, and for Plaintiffs
causes
of action
states as follows:
This
case
is about
to-
gether stole the designs of an up and coming designer and pawned them
involves the theft
own.
It
by the Defendants
of the Plaintiff s
designs.
and
and
The Defendants
designs
Defendants' tortious
good will,
and
pub-
licity.
JURISDICTION AND VENUE
1. This is
an
action for
Act of
causes
1976, 17 U.S.C.A.
of
Case 1:13-cv-01502-RRM-JMA
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action.
2. This court has exclusive jurisdiction
over
this action
pursuant to 28 U.S.C.A.
1331.
pursuant to
28 U.S.C.A.
1338(b), and
under its
claims.
1391 and 1400.
pursuant to 28 U.S.C.A.
PARTIES
5.
its
principal
place of business
6.
in
Brooklyn,
7. Defendant
California
Corporation
York,
NY that generates
("Ono") upon
resident of New
York, NY.
9. John and Jane Does 1-10 represents Defendants whose
the Plaintiffs.
10. XYZ
identity
Corporations
are
collectively referred
to in this Corn-
plaint as "Defendants."
Case 1:13-cv-01502-RRM-JMA
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12. Plaintiff is
engaged
Walk the
filed
with, and
States
by Plaintiffs'
own
skill,
Collection in
16. The intention
July 2012.
was
to
photograph
Plaintiff's Collection
so
sale in OC's
catalog
pictures
pho-
her vision,
photographers.
photo shoot.
19. Plaintiff attempted to reschedule the
do so,
other
projects to work
Case 1:13-cv-01502-RRM-JMA
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21. Plaintiff published the Collection Plaintiff published her collection. 22. The Collection contains
a
on or
series of clothing
23. Soon after the Plaintiff launched the Collection, within which her designs
identical collection
as
("Offending Collecas
well
have
permission to
copy,
was
replicate,
or
offending collection
many
purchased by
consumers
the
Despite
use
of Plaintiff's
for
example,
a
is
bra like
design.
28. Defendants
design
and used
on
design
as
male.
designs
used
by the Defendants
novel
territory because while the offending collection was allegedly geared for
the first time Ono has
was
ever
men.
offending collection
Case 1:13-cv-01502-RRM-JMA
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up the theft
34. Defendants
they created
the
no
copied
Plaintiff's
design.
40.
Upon information and belief, the scheduled photo shoot with OC's photographers
was
propriety
designs and
41. Once OC's
the
designs and
sketches for
even
sham
as
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1969, YOKO ONO presented John Lennon with a series of sketches as a wedding gift. The illustrations were designs for clothing and accessories intended to celebrate John's "hot bod." As ONO explains, "1 was inspired to create 'Fashion for Men, [because I was]
"In
amazed at how my man was looking so great. I felt it was a pity if we could not make clothes emphasizing his very sexy bod." This season, 48 years after John and ONO's wedding, ONO and Opening Ceremony have worked together to bring her sketches to life!" http://www.openiuceremony.us/entry.asp?pid=6993
45. Defendants full well knew that the
that the
designs were
created
act of copyright
infringement,
17
in
violation of the
U.S.C.A.
Copyright Act,
as
committed
willfully.
48. The above-described actions of Defendants have served to usurp Plaintiffs exclu-
sive
right to determine whether, when, and under what terms the Collection would
49. In
addition, the unlawful actions of Defendants have materially diminished the fu-
ture value of the Collection should Plaintiff wish to make it available for future
commercial opportunities.
50. Defendants' actions caused the Plaintiff to miss
an
entire
season
of commercial
Case 1:13-cv-01502-RRM-JMA
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(17 U.S.C.A.
101 et
seq.)
re-
of this
Complaint as
if fully
here in this
granted
license to
per-
form,
54. As
or
in any
way use,
compile,
or
stantial
placed
its
designs.
em-
and
ployees and
all persons
engaging in
any further
of Plaintiffs
rights under
the
copyright laws.
cause
57. Defendants' direct and willful acts of infringement have and will
harm to unless such conduct is
irreparable
since the
reproduction and distribution of the Collection has a special and unique value
fashion
in the
industry.
recover
as a
Case
1:13-cv-01502-RRM-JW^
alleged above.
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and
advantages
cannot be
but
no
adequate remedy at
that:
Defendants constitutes
and
relationships;
(c)
such
wrongful conduct,
is
continuing.
infringement have
injury and
ability to continue to
damages as well
as
to
injunctive
relief pursuant
502, and
infringing
products be impounded.
COUNT II. UNFAIR COMPETITION
62. Plaintiff incorporates
by reference
all
if fully
re-
alleged
Complaint.
competition consist
of utilizing the Collection
63. Defendants'
wrongful
acts of unfair
for the
specific
Defendant's collection.
64. Defendants,
by
imitation
or
lieve that
they had the right to distribute and use the Collection and/or that
Case 1:13-cv-01502-RRM-JA
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and
acts of unfair
competition.
66.
of their
natural, probable,
wrongful
acts
of unfair
wrongful
competition
recover
damages suffered by
result of Defendants'
wrongful
acts of unfair
recover
ad-
result of the
of unfair
wrongful
acts of unfair
competition.
Case
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10
of this
Complaint as
if fully
re-
alleged
by creating the false impression that Plaintiff has endorsed Defendant's offending
collection. 74. Moreover, Defendants
tion.
of Plaintiff's toil in
75. It is
gains, advantages,
and
benefits.
76. Defendants have enriched themselves at the expense and to the detriment of Plain-
goods and
services
by Plaintiff,
benefit
on
Defendants.
as
exploit Plaintiff's
Collection
their
own.
Defendants
adequately compensating
be
permitted
to retain the
benefit bestowed
80. As
a
on
them
and
81. As
are
jointly
and
result of the
damages
Case
1:13-cv-01502-RRM-JM4,
in
an
Document 1
at
Filed 03/21/13
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11
amount to be
determined
costs.
82. Plaintiff is entitled to receive and obtain from the Defendants the reasonable value of an endorsement
by Plaintiff.
by
reference all
if fully
re-
alleged
Complaint.
in
84. Defendants
an
falsely claimed to residents of the State of New York, and the World,
inspired the
offending collection.
85. This
misrepresentation had
belonged
goal
in their
misrepresentation
to deceive the
public into
misrepresentations discussed
in the
Complaint, the
Defendants cheated New York consumers into buying the fraud that is the offending
collection.
88. Such
public
whole
simply to enrich
the Defendants.
inspired voracious
commercial
a
activity when
Case 1:13-cv-01502-RRM-JMA
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91. The
millions of dollars at the expense of the 92. Plaintiff and the Public
were
unsuspecting public.
fraud
harmed
by
93. Amongst other things, Plaintiff had her Collection counterfeited and the
whether
not
no
doubt relied
on
these
by reference
all
if fully
re-
here in this
Complaint.
RELIEF
court enter a final
REQUEST FOR
judgment
in
as
follows:
Plaintiffs
position;
2. Defendants, their agents,
or
in
enjoined
or
from
directly
or
tiffs
in the Collection
from
Case
1:13-cv-01502-RRM-Ae,
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or
13
manufacture any
in whatever
medium,
or
to
participate or assist
3. This court order
activity;
and all their
Defendants,
em-
acting
in active concert
or
immediately post a
was
on
unauthorized and
illegal;
Defendants, their affiliates and licensees, immediately
cease
of the Collection;
5. Defendants be
enjoined
on
oath,
to be
this
copies,
or
duplicates
the Collection;
6.
Judgment
against
damages
of Plaintiffs
copyright
in the
101 et seq.;
Judgment be entered for Plaintiff and against Defendants for statutory damages
on
based
Copyright Act
of 1976, 17
an
U.S.C.A.
including
17 U.S.C.A.
election to be made
Case 1:13-cv-01502-RRM-JMA
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actual
14
8.
damages and for any profits attributable to infringements of Plaintiffs rights, including
attorney's fees
9. All
and costs of suit; from their acts of in-
fi-ingement and other violations of law be deemed to be held in constructive trust for the
benefit of Plaintiff;
10. Defendants be ordered to furnish to Plaintiff a
all
profits earned
use
of the
offending collection;
and
11. The court grant such other, further, and different relief as the court deems just, proper, and
Aymen A. Aboushi, Esq. EDNY Bar ID: AA5804 Broadway, 5111 Floor New York, NY 10018
1441
4P4'
(0
Z14 (Rev.
1/2013)
1:13-cv-01502-RRM-JtA,S
sheet and the
Page
1 of 2
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15
cover information contaMed herein neither replace nor other supplement the filing and service of as revired by law, except as provided by local tides of court This form, approved by the Judicial Conference of the 'United States in September 1974,pleadings or for thepapers use of the Clerk of Court for the is-required of purpose Mitiating the civil docket sheet. (SRE _INSTRUCTIONS ON marPAGE OF THIS FORM.)
The JS 44 civil
Haleh Nematzadeh,
1 Opening Ceremony
DEFENDANTS
Kings
Unkown
C
646.569.5544
n 1 U.S. Government
Ug PLAINTIFF C
MN
5 02
Num:
IN LAND CONDEMNATION CASES, ILSE THE Lot:XL-ION OF THE TR %CT OF !AND INVOLVED.
Plaintiff
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1 320 Assault, i..ilial & OtlUdi.W.Ptriffi.:f1:4,0.11111. N 820 Copyrights .T.. Slander Peminal Injuly it Enfortament of Judgment 0 830 Patent 151 Medicare Act, n 330 Federal EmployersProduct Liability 0 840 Trademark Liability 152 Recovery of Defaul led 0 368 Ashestoa Personal n 340 Marine Student Loans Injury Product. RITA ;111/W;;IC.i..ii r.11S17:4tkl:. ik,,,.zust I lability n 345 Marine Product (Excludes Veterans) 0 861 DIA 0395ff) PERSONAL PROPERTY 0 710 Fair Labor Standards Liability' 153 Recovery of Overpayment 0 862 Black Lung (923) Act 0 350 Motor Vehicle 0 370 Other Fraud of Veteran's lienetits 3 863 DIWODIWW (405(g)) 0 355 Motor Vehicle 0 371 Truth in-Lending 0 720 LaboriManagr.mtnt 160 Stockholdsa-s' Suits J.1 864 SSID Title XVI Relations 0 380 Other Personal Product Liability 190 Other Contract 0 865 ROI (405(g)) 0 740 Railway Labor Act 3 360 Other Personal 195 Contract Product Liability Property Damage 3 751 Family and Medical 0 385 Property Damage 196 Franchise Injury Leave Act Product Liability 0 362 Personal Injury 0 790 Other Labor Litigation Medical Mal aelice 791 Employee Retirement 11811174517,1111103:4EITIONIO 0 870 Taxes (U S. Plaintiff Income Security Act Habeas Corpus: 0 440 Other Civil Rights 210 Land Condemnation or Defendant) CI 463 Alien Detainee 0 441 Voting 220 Foreclosure 0 871 IRSThird Party El 510 Motions in Vacate 0 442 Employment 230 Rent lease At Ejectment 26 USC 7609 Sentence 0 443 Toils Land
to
Proceeding
REQUESTED
. . 3FO
RECEIPT
_ _Case
Federal. Question
Attorneys (IfKnown)
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3 462 Nattnalization Application .3 463 Other litunignition
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Remanded from
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are
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filing
7..1 6 Multidistrict
Litigation
Cite the U.S. Civil Statute under which you 17 U.S.C.A. 101 et
sect.
copyrights
DEMAND
CHECK YES
IN
only
if demaaded in
complaint:
71 No
JURY DEMAND:
Yes
CASE(S)
(s. instruction&
JUDGE
DOCKET NUMBER
TIRE
A mar. NT
ORN EY
ORD
7
JUDGE
APPLYING 1FP
FizrvI
MAG. RIDGE
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Aymen A. AboLshi,
PagelD
16
Local Arbitration Rule 83.10 provides that with certain exceptions_ actions seeking money damages only in an amount not in excess of $150, 000, exclusive of interest and costs, are eligible for compulsorv arbitration. The amount of damages is presumed to be below the threshold amount unless certification to the contrary is filed.
ineligible
for
Esq, counsel for Plaintiff compulsory arbitration for the following reason(s): monetary damages sought are in
the
excess
do
hereby certify
captioned
civil action is
El
ineligible
for the
following reason
FEDERAL RULES CIVIL PROCEDURE 7.1
that
owns
DISCLOSURE STATEMENT
Identify
any parent
corporation and
any
10%
or more or
its stocks:
N/A
(Section
VIII
on
Forml
Please list all cases that are arguably related pursuant to Division of Business Rule 50,3.1 in Section VIII on the front of this form. Rule 50.3.1 (a) provides that "A civil case is -related" to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or because the eases arise from the same transactions or events, a substantial saving of judicial resources is likely to result from assigning both cases to the same judge and magistrate judge.' Rule 50.3.1 (b) provides that A civil case shall not be deemed "related" to another civil case merely because the civil case: (A) involves identical legal issues, or (B) involves the same parties.- Rule 50.3.1 (c) further provides that "Presumptively, and suhject to the power of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to bc "related" unless both cases are still pending before the court."
50.1(41(21
or
being filed
Suffolk
County:
2.)
No
or
claims,
or a
substantial part
thereof,
occur
in Nassau
or
Suffolk
County? No
of omissions
or
occur
in the Eastern
question
an
Suffolk
or
County,
or, in
(b) is "No, does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau
in which it has the most
Suffolk
significant contacts).
am
member in
court.
KI
Are you
Yes
fl
No
state
or
currently
the
subject of any disciplinary action (s) in this or any other No Yes (If yes, please explain) MI
federal court?
II
certi
all in
mation
'tg
Ito
ided above.
Signatur,
....40
Wr