HYO Design v. Target - copyright design.pdf

8/10/2019 HYO Design v. Target - copyright design.pdf

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JS44C/SDNY

REV. 4/2014

PLAINTIFFS

H Young (Operations) Limited

CIVIL CO VER SHEE

4

irierrepleree-nor supplement the

he

JS-44 civil cover

sheet and

the information contained herein

neitJieTrepWBVnor supplement

the

filing and si __

pleadings or

other

papers as

required

by law, except as provided by local

rules

of

court.

This form, approved by trie

Judicial Conferenceof the

United

States inSeptember 1974,is

required

foruse ofthe ClerkofCourtforthe purpose of

initiating the civildocket sheet.

J^4 9 9

OCT 2 4

DEFENDANTS

Target Corporation and Steven Madden, Ltd.

ATTORNEYS (FIRM

NAME,

ADDRESS, AND

TELEPHONE

NUMBER ATTORNEYS (IF KNOWN)

Cowan,

Liebowitz &

Latman, P.C.

1133 Avenue

of

th e

Americas , New

York, NY

10036

(212)790-9200

CAUSEOF

ACTION

(CITE

THE U.S. CIVIL

STATUTE UNDERWHICH YOU ARE FILING

AND

WRITE ABRIEF STATEMENT OFCAUSE?

(DONOT CITEJURISDICTIONAL

STATUTES

UNLESS

DIVERSITY)

Copyright Infringement

Has

this

action, case, or proceeding, or one essentially the

same

been previously filed in SDNY at any time? Nt esL-Uudge

Previously

Assigned

If

yes,

was

this

case Vol. Invol. Dismissed. No Yes [~J If yes,

give

date.

I S T H IS AN INTERNATIONALARBITRATION CASE? No 0 Yes \_\

& Cas e

No .

PLACEAN[x] INONEBOX

ONLY

TORTS

CONTRACT

PERSONAL INJURY

I

1110

I N SU RAN C E

( J310 AIRPLANE

[ 1120

M A R IN E

| ]315 AIRPLANE PRODUCT

[ 1130

MILLER AC T

LIABILITY

I 1140

NEGOTIABLE

| J 320 ASSAULT, LIBEL

I N STRU MEN T

SLANDER

I 1150

RECOVERY OF

| | 330 FEDERAL

O V E R P A Y M E N T

E M P L O Y E R S

ENFORCEMENT

LIABILITY

O F J U D GM E N T | J310 MARINE

I 1151

M E D IC A R E

AC T

( ]345

MARINE

PRODUCT

[ )152

RECOVERY OF L I A B I L I T Y

D E F A U L T E D

[ ]350 MOTOR VEHICLE

S T U DE N T L O A NS | ) 355 MOTOR VEHICLE

(EXCL VETERANS)

PRO D U C T LIABILITY

11153

RECOVERY OF

[ ]360 OTHER PERSONAL

O VERPAYMENT IN JU R Y

OF V E T E R A N S

[ ] 362 PERSONAL INJURY -

BEN EFI TS

ME D

MALPRAC TI C E

[

]160

S T O C K H O L D E R S

SU I TS

[ 1190

O T H E R

C O N T R A C T

[ J1 95

C O N T R A C T

PRO D U C T

A C T I O N S U N D E R

STATUTES

LIABILITY

[ )196 FRANCHISE

CIVIL RIGHTS

[ ] 440 OTHER CIVIL RIGHTS

Non-Prisoner)

R E A L P R O P E R TY

( ]441 VOTING

I 1210

L A N D

( )442 EMPLOYMENT

CONDEMNATION

| j 443HOUSING

[

]220

F O R E C L O S U R E

AC C O MMO D ATI O N S

( ]230

R EN T L E A S E

[ ] 445 AMERICANS WITH

EJECTMENT

DISABILITIES -

I I 240

TORTS

TO

LAND

EMPLO YMEN T

I I 2 45

TORT PRO D U C T

[

]446

AMERICANS WITH

LIABILITY

DISABILITIES - O TH ER

[ ]290

AL L O T H E R

R E A L PROPERTY

[ J448 EDUCATION

Checkifdemanded in complaint:

CHECK IF

THIS

IS ACLASS ACTION

UNDER

F.R .C .P . 23

DEMAND $

OTHER

Check YES

onlyifdemandedincomplaint

JURY DEMAND: DYES LNO

NATURE OF SUIT

PERSONAL

INJURY FORFEITURE/PENALTY

[ )367 HEALTHCARE/

PHARMACEUTICAL PERSONAL, , 625 DRUGRELATED

INJURY/PRODUCT

LIABILITY S|2URE QF

PR0PERTy

[ ] 365

PERSONAL INJURY

21 USC881

PRODUCT

LIABILITY

. , ,, OTHER

[]

368 ASBESTOS

PERSONAL '

I 1

INJURY PRODUCT

LIABILITY

PERSONAL PROPERTY

[ ]370 OTHER FRAUD

[ ] 371 TRUTH INLENDING

( J380 OTHER PERSONAL

PROPERTY DAMAGE

[ J385 PROPERTY DAMAGE

PRODUCT

LIABILITY

PRISONER PETITIONS

[ ] 463 ALIENDETAINEE

[ ]510 MOTIONSTO

VACATE SENTENCE

28 US C

55

[ ] 530 HABEAS

CORPUS

[ ] 535 DEATH PENALTY

| ] 540 MANDAMUS &OTHER

PRISONER

CIVIL

RIGHTS

[ ) 550 CIVILRIGHTS

[ ] 555 PRISON CONDITION

[ J 560 CIVILDETAINEE

LABOR

[ J710 FAIRLABOR

STANDARDS

AC T

| ] 720 LABOR/MGMT

RELATIONS

I ] 7 40

RAILWAY

LABORACT

| ] 751 FAMILYMEDICAL

LEAVE ACT (FMLA)

( ] 790 OTHER LABOR

LITIGATION

| ] 7 91 EMPL RET INC

SECURITY AC T

IMMIGRATION

| ] 462 NATURALIZATION

APPLICATION

| ] 465 OTHER IMMIGRATION

ACTIONS

CONDITIONS

OF

CONFINEMENT

ACTIONS UNDERSTATUTES

BANKRUPTCY

| ] 422 APPEAL

8 U SC

5 8

| ] 423 WITHDRAWAL

28 US C 15 7

PROPERTY RIGHTS

Dd

820 COPYRIGHTS

| ] 830 PATENT

| ]840 TRADEMARK

SOCIAL

SECURITY

[ ] 861 HIA(1395ff)

[ ] 862 BLACKLUNG (923)

| ) 863 DIWC/DIWW(405(g))

[ ]

864 SSID

TITLE XVI

[ ]865 RSI (405(g) )

FEDERALTAXSUITS

[ ]870 TAXES (U.S. Plaintiffor

Defendant)

( )871 IRS-THIRD PARTY

2 6 U SC

7609

OTHER STATUTES

I ) 375 FALSE CLAIMS

( j400STATE

REAPPORTIONMENT

1 J410 ANTITRUST

[ 1430 BANKS&BANKING

[ 1450 COMMERCE

[ ] 460 DEPORTATION

[ )470 RACKETEER INFLU

ENCED & CORRUPT

ORGANIZAT ION ACT

(RICO)

( ]480 CONSUMER CREDIT

| ]490 CABLE/SATELLITE TV

| ] 850 SECURITIES/

COMMODITIES/

EXCHANGE

) 890 OTHER STATUTORY

ACTIONS

] 891 AGRICULTURAL ACTS

) 893 ENVIRONMENTAL

MATTERS

] 895 FREEDOM OF

INFORMAT ION ACT

]

896

ARBITRATION

] 899 ADMINISTRATIVE

PROCEDURE ACT/REVIEW

OR

APPEAL OF

AGENCY DECISION

[ ] 950 CONSTITUTIONALITYOF

STATE

STATUTES

DO

YOU

CLAJM

THIS CASE

IS

RELATED

TO A CIVIL CASE

NOW PENDING

IN

S.D.N.Y.?

JUDGE

DOCKET NUMBER

NOTE: You must also submit at the time of fil ingthe

Statement

of Relatedness form (Form IH-32).


2/9

PLACE

ANx IN

ONEBOX

ONLY

LEJ 1 Original LJ 2

Removed

from

LJ 3

Remanded

Proceeding

state

court from

f j

a. all

parties

represented Appellate

| | b. At

least

one

party

Is

pro

se.

PL CE N

x

INONEBOXONLY

BASIS

OF

JURISDICTION

1 US PLAINTIFF 2

U.S. DEFENDANT [*]

3

FEDERAL QUESTION Q4 DIVERSITY

(U.S. NOT A PARTY)

O RI G I N

| | 4

Reinstated

or Q 5

Transferred

from

6 Multidistrict

Reopened (Specify

District)

Litigation

I I 7 Appeal to

District

Judge from

Magistrate Judge

Judgment

IFDIVERSITY, INDICATE

CITIZENSHIP

ELOW

CITIZENSHIP OF PRINCIPAL PARTIES (FOR

DIVERSITY

CASES

ONLY)

(Placean

[X]

inone boxforPlaintiff and one boxforDefendant)

PT F

DE F

CITIZEN OF THIS STATE ( ] 1 [ ] 1

CITIZENOF ANOTHER STATE ( ] 2 [ ] 2

CITIZEN OR SUBJECT OF

A

FOREIGN COUNTRY

PT F

DE F

[

]3 [

]3

PT F DEF

INCORPORATED

and

PRINCIPAL PLACE [ ] 5 [ ] 5

OF BUSINESS IN ANOTHER STATE

INCORPORATED or PRINCIPAL PLACE [ ] 4 [ ) 4

OF BUSINESS IN THIS STATE

FOREIGN

NATION

PLAINTIFF(S) ADDRESS(ES)AND COUNTY(IES)

HYoung (Operations) Limited

Buckingham House,

West Street

Newbury, Berkshire, RG14 1BD

United Kingdom

DEFENDANT(S) ADDRESS(ES)

AND

COUNTY(IES)

Target Corporation

1000

Nicollet

Mall

Minneapolis, Minnesota 55403

Hennepin County

Steven Madden, Ltd.

52-16 Barnet t Avenue

Long Island City, NewYork 11104

Queens County

[ ]6

REPRESENTATION ISHEREBY MADE THAT, AT THIS TIME, IHAVE BEEN UNABLE, WITH REASONABLE

DILIGENCE,

TOASCERTAIN

RESldENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Checkone:

THIS ACTION SHOULD

BE

ASSIGNED TO:

WHITE PLAINS

S

MANHATTAN

(DO NOT checkeitherbox ifthisa PRISONER PETITION/PRISONER CIVIL RIGHTS

COMPLAINT.)

DATE 10/23/14 SIGnRtURE OF,ATTORNEY

OF RECORD

ADMITTED

TO PRACTICE IN

THIS DISTRICT

~ [ ] NO

[Xj

YES (DATE ADMITTED Mo. April Yr.

1994

)

RECEIPT ( \ ) I \

Attorney

Bar

Code

[email protected]

Magistrate

Judge

is

to be desigrWecKby the Clerk of the Co|^|j, JUiAii, 1 4 ^Ul

Magistrate

Judge

is so Designated.

Ruby J. Krajick,Clerk of Court by

Deputy Clerk, DATED

UNITEDSTATES DISTRICT COURT (NEW YORK SOUTHERN)

Clear

Fo rm

Sa v e

Pr in t


3/9

JUDGE OETKEH

DifrlfcT

coift 4: \3

RIC*

OF

N EW

Y O R K

IN THE UNITED

S TATES

FOR THE SOUTHEr| i|tRI >^o Oa>i:

V.

V V / V / v ^ v> . v .

HYOuses this lone detail both as a brand identifier and as a marker to identify potential

infringements where the copying is so scrupulous as to appropriate even this lone element.

12. Products bearing the HYO have been distributed internationally and have been

readily available in many markets. Those products include various handbags, tops, jackets, t-

shirts, dresses and belts, sample images

of

which are attached as Exhibit C.

Defendants Infringing Activities

13. HYO has recently learned that Target has advertised, promoted, and sold at least

two differently-styled bags under the MOSSIMO name bearing a fabric design copied from and

strikingly similar to the HYO Design (the Infringing Products ). These two infringing bags,

juxtaposed to the HYO Design from which they copy, appear below:

30430/000/1546450.


6/9

In f r ing ing Produc t s

H Y P Design

30430/000/1546450.


7/9

14. Notably,

the first of

the Infringing Products

(appearing inblue above) even

goes

so far as to

copy

the five-petaled ANIMAL logo appearing one time in the HYO

Design, as

depicted below.

HYP Flower Logo Infringing Products Detail

15.

Upon information

and

belief, Madden supplied the first of the two Infringing

Products (appearing

in

blue

above)

to

Target

for

resale under

Target s

MOSSIMO line.

HYO

has not yet determined Target s

supplier

for the second of the Infringing Products.

16.

The

Infringing Products

bear

designs that are

virtually identical,

strikingly

similar

replicas ofthe

HYO

Design. Indeed, itisnot plausible that Target, Madden orany supplier

from

whom they might

have sourced the Infringing Products

or

patterns appearing

thereon, could

have

arrived

at these infringing designs without reference to

the HYO

Design.

17. The fact that even the single ANIMAL logo

was

replicated isdamning

proof

that

these designs werecopied from theHYO Design.

18.

Upon information and

belief, Defendants and/or

their suppliers for the Infringing

Products

had

access to

and

copied

the HYO

Design. Moreover, the

striking

similarity between

the designs on the

Infringing

Products and the HYO Design make any source

other

than copying

not reasonably possible.

30430/000/1546450.1


8/9

CLA IM FPR

RELIEF

- CPPYRIGHT INFRINGEMENT

19. HYOrepeats and realleges the allegations set forth in paragraphs 1-18 of the

Complaint withthe same force andeffectas if set forthfullyhereinandincorporates such

allegations by reference herein.

20. Byvirtueof the conduct as described above,Defendantshave infringedHYO's

exclusive copyright rights in the HYO Design under the Copyright Act.

21. By the acts complained of, Defendants have made profits and gains to which they

are not in law or equity entitled.

22. The infringements

of

HYO's copyright rights in the HYO Designhave damaged

andwill continueto damageHYO and cause it irreparable harm. HYO has no adequate remedy

a t l aw .

R E PU E ST F P R

REL IEF

WHEREFORE, HYO demands judgment as follows:

A. Ordering that Defendants, their agents, officers, servants, employees, successors

and/or assigns, and all persons or companies in active concert and/or participation with them, be

permanently enjoined from reproducing, making, reprinting, publishing, displaying,

manufacturing, selling, offering for sale, promoting, advertising, distributing and/or

commercially exploiting in any manner, either directly or indirectly, any products on which are

imprintedor which display unauthorized copies

of

the HYODesign or any designs substantially

similar thereto, including without limitation the Infringing Products;

B. Awarding HYO all damages suffered by HYO as a result

of

Defendants'

infringing acts, and all profits derived from Defendants' infringing acts in an amount to be

30430/000/1546450.


9/9

determined at the trial of this action; or in lieuof suchdamages andprofits, should

HYO

so elect,

an award of statutory damages, as provided by 17U.S.C. 504(c);

C. Ordering thatDefendants deliver to HYOfor destruction all products, designs,

brochures, catalogues, meansof manufacture and/or othermaterials in Defendant's possession or

control, which, if sold, distributed or used in any waywould violate paragraphA above; and

D. Awarding HYO attorneys' fees, costs and disbursements in this action;

E. Awarding HYO prejudgment and post-judgment interest.

F. For such other and further relief as the Courtmay deemjust and proper.

Dated: New

York, New York

October 23 , 2014

30430/000/1546450.1

COWAN, I^EBQWIT^ LATMAN, P.C.

y A|

n/1

Johajnan

Z Kin

24943

59)

1133

Avel^ of

the

A^ritas

New York, New York

10036-6799

(212)790-9200

Attorneys for

Plaintiff

H Young (Operations) Limited

HYO Design v. Target - copyright design.pdf

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