Mara Hayuk v. Coach - Chem Trails Art Copyright Infringement

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Text of Mara Hayuk v. Coach - Chem Trails Art Copyright Infringement

  • JUDGE CAPRONfJS 44C/SDNYREV. 4/2014 CIVIL COVER SHEET %

    1920uThe JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadings or other papers asrequired by law, except asprovided by local rules of court. This form approved by theJudicial Conference ofthe United States in September 1974, isrequired for use of the Clerk ofCourt for thepurpose ofinitiating the civil docket sheet.

    PLAINTIFFS

    MAYA HAYUK iBACT||ERVIC&JNyand MIDLEY.f^ \J) T\ ^CATTORNEYS (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    CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSB(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)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 AssignedIf 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?(PLACE AN[x]INONE BOX ONL Y) NATURE OF SUIT

    I] 110[ ]120[ J130[]140

    I 1150

    1115111152

    1 1153

    [ ]160

    11190

    I 1195

    I 1196

    PERSONAL INJURY

    [ 1310 AIRPLANE[ I 315 AIRPLANE PRODUCT

    LIABILITY[ 1320 ASSAULT. LIBELS,

    SLANDERI ]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

    INSURANCEMARINEMILLER ACTNEGOTIABLEINSTRUMENTRECOVERY OFOVERPAYMENT &ENFORCEMENTOF JUDGMENTMEDICARE ACTRECOVERY OFDEFAULTEDSTUDENT LOANS(EXCLVETERANS)RECOVERY OFOVERPAYMENTOF VETERAN'SBENEFITSSTOCKHOLDERSSUITSOTHERCONTRACTCONTRACTPRODUCTLIABILITY

    FRANCHISE

    PERSONAL INJURY[ I 367 healthcare;PHARMACEUTICAL PERSONAINJURY/PRODUCT LIABILITY[ l 365 PERSONAL INJURY

    PRODUCT LIABILITY[ ] 368 ASBESTOS PERSONAL

    INJURY PRODUCTLIABILITY

    PERSONAL PROPERTY

    [ ] 370 OTHER FRAUD[ J 371 TRUTH IN LENDING

    [ ] 380 OTHER PERSONALPROPERTY DAMAGE

    [ ] 385 PROPERTY DAMAGEPRODUCT LIABILITY

    PRISONER PETITIONS[ ] 463 ALIEN DETAINEE[ J510 MOTIONS TO

    VACATE SENTENCE28 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/

    ACCOMMODATIONSI I 445 AMERICANS WITH

    DISABILITIES -EMPLOYMENT

    [ ] 446 AMERICANS WITHDISABILITIES-OTHER

    [ I 448 EDUCATION

    I 1210

    [ J220[ ]230

    t I 240[ 1245

    ( ]290

    LANDCONDEMNATIONFORECLOSURERENT LEASE &EJECTMENTTORTS TO LANDTORT PRODUCTLIABILITYALL OTHERREAL PROPERTY

    Check ifdemanded incomplaint:

    CHECK IF THIS IS ACLASS ACTIONUNDER 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 STATUTESI 1375 FALSE CLAIMSf J400 STATE[ ] 625 DRUG RELATED [ ) 422 APPEAL

    SEIZURE OF PROPERTY 28 USC 158 REAPPORTIONMENT21 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 INFLUENCED 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 STATUTORYRELATIONS ACTIONS

    [ ] 740 RAILWAY LABOR ACT [ ]891 AGRICULTURAL ACTS[ ] 751 FAMILY MEDICAL FEDERAL TAX SUITSLEAVE 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 ADMINISTRATIVEPROCEDURE ACT/REVIEW OR

    [ ] 462 NATURALIZATION APPEAL OF AGENCY DECISIONAPPLICATION

    [ ] 466 OTHER IMMIGRATIONACTIONS

    [ J 950 CONSTITUTIONALITY OFSTATE 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 incomplaintJURY DEMAND: S YES CjNO NOTE: You must also submit atthe time of filing the Statement of Relatedness form (Form IH-32).

  • (PLACEAN xINONEBOXONLY) ORIGINProoeedina L-1 2 Removed from 3 Remanded 4Reinstated or 5Transferred from 6 Multidistrict D7Appeal to District

    State Court from Reopened (Specify District) Litigation Judge fromQ a. all parties represented Appellate Magistrate Judge

    Court JudgmentI I b. At least one

    party is pro se.

    (PLACEAN x INONEBOXONLY) >- nr; iniCr,irTir.MBASIS OF JURISDICTION IF DIVERSITY INDICATED 1 U.S. PLAINTIFF Q 2 U.S. DEFENDANT @3 FEDERAL QUESTION D4 DIVERSITY CITIZENSHIP BELOW

    (U.S. NOT A PARTY)

    CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)(Place an[X] in one box for Plaintiff and one box for Defendant)

    PTF DEFCITIZEN 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 IN ANOTHER STATE

    CITIZEN OF ANOTHER STATE []2 []2 INCORPORATED or PRINCIPAL PLACE []4[]4 FOREIGN NATIONOF BUSINESS IN THIS STATE

    PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)MAYA HAYUK720 Lorimer Street #3RBrooklyn, New YorkKings County

    DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)COACH SERVICES, INC. MIDLEY, INC.516 West 34th Street 6101 Banyan TerraceNew York, New York 10001 Plantation, Florida 33317New York County Broward County

    [ 16 [ J6

    DEFENDANT(S) ADDRESS UNKNOWNRP

  • JUDGE CAPRONI

    STRICT COtTRT U O O OUNITED STATES DISOUTHERN DISTRICT OF NEW YORK

    MAYA HAYUK,

    Plaintiff,

    v.

    COACH SERVICES, INC., andMIDLEY, 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 andattorneys' fees.

    Jurisdiction and Venue

    5. This Court has jurisdiction over the subject matter of this Complaint under28 U.S.C. 1331 and 1338(a).

    6. On information and belief, this Court has personal jurisdiction overDefendants in that Defendants conduct business throughout the State of New York,

    including this District.

    7. Venue is 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, and murals throughout the United States and over 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 copy