JUDGE CAPRONf

JS 44C/SDNY
REV. 4/2014
CIVIL COVER SHEET
%
1920u
The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of
pleadings or other papers asrequired by law, except asprovided by local rules of court. This form approved by the
Judicial Conference ofthe United States in September 1974, isrequired for use of the Clerk ofCourt for thepurpose of
initiating the civil docket sheet.
PLAINTIFFS
MAYA HAYUK
iBACT||ERVIC&JNyand MIDLEY.f^ \J) T\ ^C
ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER ATTORNEYS (IF KNOWN)
Saunders&Silverstein LLP, 14CedarStreet, Ste. 224, Amesbury NY 01913
(978)463-9130
CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSB
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)
17 U.S.C. 101 etseq; Defendants reproduced, displayed, and distributed infringing copies of Plaintiff's artwork
Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time? NdZkesQludge Previously Assigned
If yes, was this case Vol. fj Invol. fj Dismissed. No fj Yes [J If yes, give date &Case No.
No S Yes
ISTHIS AN INTERNATIONAL ARBITRATION CASE?
(PLACEAN[x]INONEBOXONLY)
NATURE OF SUIT
I] 110
[ ]120
[ J130
[]140
I 1150
11151
11152
1 1153
[ ]160
11190
I 1195
I 1196
PERSONAL INJURY
[ 1310 AIRPLANE
[ I 315 AIRPLANE PRODUCT
LIABILITY
[ 1320 ASSAULT. LIBELS,
SLANDER
I ]330 FEDERAL
EMPLOYERS'
LIABILITY
[ J 340 MARINE
[ ] 345 MARINE PRODUCT
LIABILITY
[ 1350 MOTOR VEHICLE
[ 1 355 MOTOR VEHICLE
PRODUCT LIABILITY
[ ] 360 OTHER PERSONAL
INJURY
[ ] 362 PERSONAL INJURY -
MED MALPRACTICE
INSURANCE
MARINE
MILLER ACT
NEGOTIABLE
INSTRUMENT
RECOVERY OF
OVERPAYMENT &
ENFORCEMENT
OF JUDGMENT
MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS
(EXCLVETERANS)
RECOVERY OF
OVERPAYMENT
OF VETERAN'S
BENEFITS
STOCKHOLDERS
SUITS
OTHER
CONTRACT
CONTRACT
PRODUCT
LIABILITY
FRANCHISE
PERSONAL INJURY
[ I 367 healthcare;
PHARMACEUTICAL PERSONA
INJURY/PRODUCT LIABILITY
[ l 365 PERSONAL INJURY
PRODUCT LIABILITY
[ ] 368 ASBESTOS PERSONAL
INJURY PRODUCT
LIABILITY
PERSONAL PROPERTY
[ ] 370 OTHER FRAUD
[ J 371 TRUTH IN LENDING
[ ] 380 OTHER PERSONAL
PROPERTY DAMAGE
[ ] 385 PROPERTY DAMAGE
PRODUCT LIABILITY
PRISONER PETITIONS
[ ] 463 ALIEN DETAINEE
[ J510 MOTIONS TO
VACATE SENTENCE
28 USC 2255
[ I 530 HABEAS CORPUS
[ ] 535 DEATH PENALTY
[ I 540 MANDAMUS & OTHER
REAL PROPERTY
ACTIONS UNDER STATUTES
CIVIL RIGHTS
11440 OTHER CIVIL RIGHTS
(Non-Prisoner)
! 1441 VOTING
[ 1442 EMPLOYMENT
[ ] 443 HOUSING/
ACCOMMODATIONS
I I 445 AMERICANS WITH
DISABILITIES -
EMPLOYMENT
[ ] 446 AMERICANS WITH
DISABILITIES-OTHER
[ I 448 EDUCATION
I 1210
[ J220
[ ]230
t I 240
[ 1245
( ]290
LAND
CONDEMNATION
FORECLOSURE
RENT LEASE &
EJECTMENT
TORTS TO LAND
TORT PRODUCT
LIABILITY
ALL OTHER
REAL PROPERTY
Check ifdemandedincomplaint:
CHECK IFTHIS IS ACLASS ACTION
UNDER F.R.C.P. 23
PRISONER CIVIL RIGHTS
t J 550 CIVIL RIGHTS
[ I 555 PRISON CONDITION
[ J 560 CIVIL DETAINEE
CONDITIONS OF CONFINEMENT
ACTIONS UNDER STATUTES
FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
I 1375 FALSE CLAIMS
f J400STATE [ ] 625 DRUG RELATED [ ) 422 APPEAL
SEIZURE OF PROPERTY 28 USC 158 REAPPORTIONMENT
21 USC 881
I ] 423 WITHDRAWAL [ ] 410 ANTITRUST
[ J 690 OTHER
28 USC 157 [ J 430 BANKS & BANKING
[ J 450 COMMERCE
[ l 460 DEPORTATION
PROPERTY RIGHTS
[ ] 470 RACKETEER INFLU
ENCED 8. CORRUPT
M 820 COPYRIGHTS ORGANIZATION ACT
[ ] 830 PATENT
(RICO)
[ ] 840 TRADEMARK I ] 480 CONSUMER CREDIT
[ I 490 CABLE/SATELLITE TV
SOCIAL SECURITY [ ] 850 SECURITIES/
COMMODITIES/
LABOR
[ ]861 HIA(1395ff)
[ ] 862 BLACK LUNG (923)
EXCHANGE
[ l 710 FAIR LABOR [ I 863 DIWC/DIWW (405(g))
STANDARDS ACT [ ] 864 SSID TITLE XVI
[ ] 720 LABOR/MGMT [ I 865 RSI (405(g)) [ ] 890 OTHER STATUTORY
RELATIONS
ACTIONS
[ ] 740 RAILWAY LABOR ACT
[ ]891 AGRICULTURAL ACTS
[ ] 751 FAMILY MEDICAL
FEDERAL TAX SUITS
LEAVE ACT (FMLA)
[ J 870 TAXES (U.S. Plaintiff or [ ) 893 ENVIRONMENTAL
( I 790 OTHER LABOR Defendant) MATTERS
LITIGATION [ J 871 IRS-THIRD PARTY ( ] 895 FREEDOM OF
[ ]791 EMPLRETINC 26 USC 7609 INFORMATION ACT
SECURITY ACT
[ ] 896 ARBITRATION
IMMIGRATION
[ ] 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
[ ] 462 NATURALIZATION
APPEAL OF AGENCY DECISION
APPLICATION
[ ] 466 OTHER IMMIGRATION
ACTIONS
[ J 950 CONSTITUTIONALITY OF
STATE STATUTES

DEMAND $
OTHER
If0S00SJ-$#/I THIS CASE IS related to a civilCASE NOW PENDING IN S.D.N.Y.?
JUDGE DOCKET NUMBER
Check YES only ifdemanded incomplaint
JURYDEMAND: S YES CjNO
NOTE: You must also submit atthe time of filing the Statement of Relatedness form (Form IH-32).
(PLACEAN xINONEBOXONLY) ORIGIN
Prooeedina L-1 2 Removed from 3 Remanded 4Reinstated or 5Transferred from 6 Multidistrict D7Appeal to District
State Court from Reopened (Specify District) Litigation Judge from
Q a. all parties represented Appellate Magistrate Judge
Court Judgment
I I b. At least one
party is pro se.
(PLACEAN x INONEBOXONLY) >- nr; iniCr,irTir.M
BASIS OFJURISDICTION IF DIVERSITY INDICATE
D 1 U.S. PLAINTIFF Q2 U.S. DEFENDANT @3 FEDERAL QUESTION D4 DIVERSITY CITIZENSHIP BELOW
(U.S. NOTA PARTY)
CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)
(Place an[X] in one box for Plaintiff and one box for Defendant)
PTF DEF
CITIZEN OF THIS STATE []1 []1 CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY
PTFDEF PTF DEF
[ I3[ ]3 INCORPORATED and PRINCIPAL PLACE [ J5 [15
OF BUSINESS INANOTHER STATE
CITIZEN OF ANOTHER STATE []2 []2 INCORPORATED or PRINCIPAL PLACE []4[]4 FOREIGN NATION
OF BUSINESS IN THIS STATE
PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)
MAYA HAYUK
720 Lorimer Street #3R
Brooklyn, New York
Kings County
DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)
COACH SERVICES, INC. MIDLEY, INC.
516 West 34th Street 6101 Banyan Terrace
New York, New York 10001 Plantation, Florida 33317
New York County Broward County
[ 16 [ J6
DEFENDANT(S) ADDRESS UNKNOWN
RP<SH=MnfolSoHEREBY MADE AT' ATTH'S TIME' ' HAVE BEEN UNABLE' w REASONABLE DILIGENCE, TO ASCERTAIN
RESIbENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:
Check one: THIS ACTION SHOULD BE ASSIGNED TO: D WHITE PLAINS fxl MANHATTAN
(DO NOT check either box if this aPRISONER PETITION/PRISONER! CIVIL RK3HTS W MAINMA ' 'AIN
COMPLAINT.)
DATE 08/18/2014 SlOrTAfyiRE OF ATTOfiliEXQERECORD ADM|TTED TO PRACTICE IN THIS DISTRICT
RECEIPT*
Magistrate Judge istobedesignated by theClerk oftheCourt.
Magistrate Judge MAG- JUDGEC0TT
Ruby J. Krajick, Clerk of Court by
. Deputy Clerk, DATED
UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)
] NO
M YES(DATE ADMITTED Mo.1J_
Attorney Bar Code # AS2323
. is so Designated.
Yr.2012
JUDGE CAPRONI
STRICT COtTRT U O O O UNITED STATES DI
SOUTHERN DISTRICT OF NEW YORK
MAYA HAYUK,
Plaintiff,
v.
COACH SERVICES, INC., and
MIDLEY, INC.,
Defendants.
Civil Action No.
COMPLAINT
Jury Trial Demanded
ECF Case
Plaintiff Maya Hayuk, by her undersigned attorneys, brings this action against the
defendants Coach Services, Inc. and Midley, Inc. (individually, and collectively,
"Defendants") and asserts and alleges as follows:
Parties
1. Plaintiff Maya Hayuk ("Hayuk") is a New York-based professional visual
artist who regularly creates, sells, and licenses original works of art.
2. Upon information and belief, Coach Services, Inc. ("Coach") is a Maryland
corporation, transacting business within the State of New York, with its principal place of
business at 516 West 34th Street, New York, New York.
3. Upon information and belief, Midley, Inc. ("Midley") is a Florida
corporation, transacting business within the State of New York, with its principal place of
business at 6101 Banyan Terrace, Plantation, FL.
Nature of the Complaint
4. This is an action for copyright infringement. Defendants violated the
copyright laws, 17 U.S.C. 101 et seq., by reproducing, distributing, and otherwise using,
photographs infringing on Hayuk's original copyrighted work of art without her consent.
Hayuk seeks damages and appropriate injunctive relief, and recovery of her costs and
attorneys' fees.
Jurisdiction and Venue
5. This Court has jurisdiction over the subject matter of this Complaint under
28 U.S.C. 1331 and 1338(a).
6. On information and belief, this Court has personal jurisdiction over
Defendants in that Defendants conduct business throughout the State of New York,
including this District.
7. Venueis appropriate in this Court under 28 U.S.C. 1391 (b) and 1400(a) in
that Defendants are transacting business within this District. Further, venue is appropriate
since a substantial portion of the acts complained of herein was committed by Defendants
within this District.
Facts
8. Hayuk is an internationally renowned visual artist. Her iconic murals,
paintings, and other artworks are highly sought after by collectors, corporations, and
individuals throughout the world.
9. Hayuk has received critical praise throughout her fine art career, which spans
over two decades.
10. Hayuk's career includes more than 150 group and solo gallery shows,
installations, andmurals throughout the United States andover a dozen foreign countries on
six continents. Her work has been published in numerous books and magazines, and been
featured on countiess websites.
11. Hayuk often licenses her artwork for use on, among other things, apparel,
consumer electronics, and sporting goods.
12. Hayuk commands premium fees and royalties for the use of her work in
commercial settings.
13. In or around February 2014, Hayuk created an original work of art entitled
Chem Trails NYC.
14. Chem Trails NYC was a large-scale mural, measuring approximately60 feet by
20 feet.
15. Chem Trails NYC was displayed on the Bowery Mural wall, a well-known
outdoor exhibition space located on the corner of Houston Street and Boweryin New York
City.
16. An image of Chem Trails NYC appears below:
17. On February 7, 2014, Hayuk caused her copyright in Chem Trails NYC to be
registered in the United States Copyright Office, such registration being assigned
Registration No. VA 1-173-957. A copy of the Certificate of Registration is attached as
Exhibit A.
18. Chem Trails NYC is wholly copyrightable under the laws of the United States,
and Hayuk, the creator and sole owner of Chem Trails NYC, holds all copyright interests
therein.
19. On information and belief, in or around April 2014, Chem Trails NYC was
used prominendy in a photo shoot for Coach's Spring 2014 line of apparel, footwear, and
bags ("Coach's Products").
20. On information and belief, the photo shoot was a joint enterprise between
Coach and Midley that culminated in the April 8, 2014 Coach-sponsored feature on Midley's
website, PurseBlog, entitled Exclusive: Explore Coach's Spring 2014 Collection andNew York City's
Best Street Art (the "PurseBlog Feature").
21. The PurseBlog Feature contains five (5) photographs prominendy featuring
Chem Trails NYC (individually, "Photograph" and collectively the "Photographs"). The
individual Photographs as they appeared in the PurseBlog Feature arepictured below:
22. Defendants clearly intended to benefit direcuy from their unauthorized use
of Chem Trails NYC in the PurseBlog Feature. For example, before a consumer even viewed
the Photographs featuring Chem Trails NYC, the PurseBlog Feature encouraged users to
purchase Coach's Products:
To shop thefull Spring 2014 collection, head to Coach.com. Afew items are available in select
Coach stores and by calling 866.262.2440.
23. The PurseBlog Feature contained additional opportunities for commercial
transactions. Specifically, each Photograph served as a vehicle through which consumers
could purchase Coach's Products. The descriptive text below each Photograph linked to the
depicted Product or Products on Coach's website through hyperlinks embedded in yellow
text stating the Product's price. An example of suchdescriptive text appears below:
24. Defendants used the Photographs extensively on their respective Instagram,
Facebook, and Twitter pages, and Coach has also featured the Photographs on its Tumblr
account ("Defendants' Social Media"). Representative examples of Defendants' Social Media
are attached as Exhibit B.
25. Coach further used the Photographs to sell Coach's Products by linking the
Photographs posted on its Facebook and Twitter pages to the Products' respective sites on
the Coach website.
26. Defendants violated Hayuk's copyrights by displaying and reproducing Chem
Trails NYC on the PurseBlog Feature and on Defendants' Social Media.
27. Defendants knew or should have known of Hayuk's rights in Chem Trails
NYCby virtue of Hayuk's prominent signature on Chem Trails NYC, ample press and social
media coverage of Chem Trails NYC, and by Hayuk's reputation in the art world. Direcdy
below is a photograph of Hayuk's signature on Chem Trails NYC.
28. Indeed, Chem Trails NYC is an enormously popular artwork and has
generated a great deal of media attention since its completion. Defendants exploited the
popularity and notoriety that Chem Trails NYChad developed in order to promote Coach's
Products and Midley's PurseBlog website.
29. Hayuk has suffered and continues to suffer damages and irreparable injury as
a result of Defendants' infringement of the Chem Trails NYCcopyright.
Count I
Copyright Infringement - Against All Defendants
30. Hayuk incorporates by reference paragraphs 1-29 of this Complaint,
inclusive, as if the same were fully set forth herein.
31. Hayuk is the owner of all right, tide, and interest in and to the copyright of
Chem Trails NYC.
32. Hayuk has never authorized, licensed, or otherwise permitted Defendants to
reproduce, display, or otherwise use Chem Trails NYCor anycopies thereof.
33. Without Hayuk's authorization, Defendants have reproduced, displayed, and
otherwise used Chem Trails NYC. Such unauthorized use constitutes an infringement of
Hayuk's copyright for which she is entided to damages and injunctive relief.
34. Hayuk has been damaged and continues to be damaged by Defendants'
infringement of her copyright in Chem Trails NYC.
Count II
Contributory Copyright Infringement - Against All Defendants
35. Hayuk repeats andrealleges paragraphs 1-34 of this Complaint, inclusive, as
if the same were fully set forth herein.
36. Defendants caused, enabled, encouraged, facilitated, and induced others to
violate Hayuk's copyright in Chem Trails NYC by enabling, encouraging, inducing, and
facilitating the copying, distribution, and display of unauthorized derivatives of Chem Trails
NYC.
37. Upon information and belief, Defendants benefitted commercially from such
unauthorized use of Chem Trails NYC.
38. Defendants' conduct constitutes contributory infringement of Hayuk's
copyright in Chem Trails NYC.
39. Hayuk has been damaged and continues to be damaged by Defendants'
contributory infringement of her copyright in Chem Trails NYC.
Prayer for Relief
WHEREFORE, Hayuk prays for judgment against Defendants as follows:
1. For a declaration that Defendants have direcdy and/or secondarily infringed
Hayuk's copyright in Chem Trails NYCunder the CopyrightAct;
2. For a preliminary order enjoining Defendants from all further use of Chem
Trails NYCduring the pendencyof this litigation;
3. For a permanent injunction requiring Defendants, their respective agents,
servants, employees, officers, successors, licensees, and assigns and all
persons acting in concert or participation with each or any of them, or for
them, to cease and desist frominfringing Chem Trails NYC, in any manner;
4. For an award of damages arising fromDefendants' infringement of Hayuk's
copyright;
5. For an award of profits earned by Defendants from the infringement of
Hayuk's copyright in accordance with 504(b) of the Copyright Act;
6. For an award, if elected by Hayuk, of statutory damages within the
provisions of the Copyright Act in a sum not less than $750.00, nor more
than $30,000.00, or if the Court finds that the infringement was committed
willfully, such statutory damages within the provisions of the Copyright Act
in a sum up to and including $150,000.00;
7. For an award of attorneys' fees, costs of suit and interest; and
8. For such other and further reliefas the Court deems just and proper.
PLAINTIFF DEMANDS A TRIAL BYJURY ON ALL COUNTS.
Respectfully submitted,
MAYA HAYUK
/s/Aaron Y. Silverstein
Dated: August 18, 2014 Aaron Y. Silverstein (AS-2323)
Saunders & Silverstein LLP
14 Cedar Street, Suite 224
Amesbury, MA 01913
P: 978-463-9130
F: 978-463-9109
E: asilverstein@massiplaw.com
Attorneys for Plaintiff
Maya Hayuk
10
DEMAND FOR TURY TRIAL
Pursuant to Fed. R. Civ. P. 38(b), Plaintiff Maya Hayuk hereby demands a jury trial
on all triable issues raised by this Complaint.
Dated: August 18, 2014
SAUNDERS & SILVERSTEIN LLP
/s/Aaron Y. Silverstein
Aaron Y. Silverstein (AS-2323)
Saunders & Silverstein LLP
14 Cedar Street, Suite 224
Amesbury, MA 01913
P: 978-463-9130
F: 978-463-9109
E: asilverstein@massiplaw.com
Attorneys for Plaintiff
Maya Hayuk
11
Exhibit A
Certificate of Registration
****
1870'
This Certificateissuedunder the seal of the Copyright
Office in accordance with title 17,United States Code,
atteststhat registration has been madefor the work
identified below. The information on this certificate has
been made a part ofthe Copyright Office records.
Register ofCopyrights, United States of America
Title
Title ofWork: CHEM TRAILS NYC
Completion/Publication
Author
Year ofCompletion: 2014
Author: Maya Hayuk
Author Created: 2-D artwork
Citizen of: United States
Year Born: 1969
Copyright claimant
Registration Number
VAu 1-173-957
Effective date of
registration:
February 7,2014
Domiciled in: United States
Copyright Claimant: Maya Hayuk
720 Lorimer Street, #3R, Brooklyn, NY, 11211, United States
Certification
Name: Aaron Y. Silverstein
Date: February 7,2014
Applicant's Tracking Number: 4.137.11
Page 1of 1
Exhibit B
https://ymrw.facebook.com/coach
Coach
to-ft j Coach TlimlliM - 2014
Coach
Chic in hand, on the shoulder or as a crossbody:
http://bit.ly/H7A68d
Uke - Comment - Share
(S 2,546 people like this
Write a comment..
I Bunny Caywood McNeil After seeing so many negative
comments about when your handbag Is damaged or starts
tearing up, I sure hope they replace mine. I got it for Christmas
so its juste mths, old and the handles are coming off!
Like Reply April 24 at 1:57pm
net Coach replied - 1 Reply
Holly Fendley I'd like it even more with 25K off (JLy
Like Reply-<5 22-April 24 at 11:21am
H|| Becky CuHlory See does that come with acoupon? No
^^ onewants to payfull price anymore. Thatstrategy putJCP
in bankruptcy
Uke-Sl - April 29 at 9 35am
E2f :Write a reply...
O View37 more comments
Coach
Mother's Day is May 11. Cive her luxury from Coach:
http://bit.ly/lJAHAFT
Neth Fortunato Santiago How much
Uke -Reply A4- April 23 at 8:34pm
MM Coach replied - 6 Replies
(3 Viewmore comments
Coach
Now playing: Freja Beha Erichsen and Roch Barbot
wearing our latest collections. Discover it now at
Coach.com http://bit.ly/lmwZ9nB
Recem
|2014
2013
2012
2011
201U
2009
2008
2007
. 2006
20CM
2003
2002
2001
; 2000
: 1999
1998
1996
199?
i9sa
1981
|liZS
1973
1964
1963
19*2
1961
19">9
^Dundee
Q lntat)raiioin/p/myHP21mR18/
coachntwyork.tufflbir.com
fcHR
#COACHNEWYORKSTORIES
flWr*
STREET AIT IN NYC
A tour at our favorite public artworkf with PumBiof.com.
*c