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CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSB(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)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 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 betweenCoach 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 and New York City's

Best StreetArt (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 thefullSpring 2014 collection, head to Coach.com. A few items are available in selectCoach 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 such descriptive 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

NYC by 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 NYC had 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 asa result of Defendants' infringement of the Chem Trails NYCcopyright.

Count ICopyright 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 NYC or 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 IIContributory Copyright Infringement - Against All Defendants

35. Hayuk repeats and realleges 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 NYC under the CopyrightAct;

2. For a preliminary order enjoining Defendants from all further use of Chem

Trails NYC during the pendency of 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 from Defendants' 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. SilversteinDated: August 18, 2014 Aaron Y. Silverstein (AS-2323)

Saunders & Silverstein LLP14 Cedar Street, Suite 224Amesbury, MA 01913P: 978-463-9130F: 978-463-9109E: asilverstein@massiplaw.com

Attorneys for PlaintiffMaya 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. SilversteinAaron Y. Silverstein (AS-2323)Saunders & Silverstein LLP14 Cedar Street, Suite 224Amesbury, MA 01913P: 978-463-9130F: 978-463-9109E: asilverstein@massiplaw.com

Attorneys for PlaintiffMaya Hayuk

11

Exhibit A

Certificate ofRegistration

****

1870'

This Certificateissuedunder the seal of the CopyrightOffice in accordance with title 17,United States Code,atteststhat registration has been madefor the workidentified below. The information on this certificate hasbeen made a part of the 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 1-173-957Effective date of

registration:February 7,2014

Domiciled in: United States

Copyright Claimant: Maya Hayuk

720 Lorimer Street, #3R, Brooklyn, NY, 11211,United States

CertificationName: 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

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I Bunny Caywood McNeil After seeing so many negativecomments about when your handbag Is damaged or startstearing up, I sure hope they replace mine. I got it for Christmasso 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 (JLyLike Reply-

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