-------------------------------------------------------. : MARA HOFFMAN, INC., : a New York corporation : : Civil Action No. 13-civ-6277-SAS Plaintiff, : v. : : ECF Case FOREVER 21, INC. and : FOREVER 21 RETAIL, INC., : : J URY TRIAL DEMANDED Defendants. : -------------------------------------------------------
COMPLAINT AND JURY DEMAND
Plaintiff Mara Hoffman, Inc. (hereinafter referred to as Mara Hoffman) for its Complaint against defendants Forever 21, Inc. and Forever 21 Retail, Inc. (hereinafter collectively referred to as Defendant) through its attorneys undersigned, alleges as follows: PARTIES 1. Mara Hoffman is a corporation organized and existing under the laws of the State of New York, having a principal place of business at 866 Avenue of the Americas, 9 th Floor, New York, New York 10001. 2. Upon information and belief, Forever 21, Inc. and Forever 21 Retail, Inc. are corporations organized and existing under the laws of the State of Delaware, having a principal place of business at 3880 North Mission Road, Los Angeles, California 90031. 3. Upon information and belief defendants Forever 21, Inc. and Forever 21 Retail, Inc. conduct business throughout the United States, including within this J udicial District, and, Case 1:13-cv-06277-SAS Document 1 Filed 09/06/13 Page 1 of 8 2 specifically, sell their infringing womens dress products to and through company-owned retail locations located within this judicial district, including but not limited to, Forever 21 retail stores located at, 4 Union Square South, 40 East 14 th Street, New York, New York 10003; 568 Broadway, New York, New York 10012 and 5 West 34 th Street, New York, New York 10001. 4. Upon information and belief Defendant regularly and systematically sell products via an internet retail web site www.forever21.com to customers located within this J udicial District. NATURE OF CLAIMS, JURISDICTION AND VENUE 5. This is an action for copyright infringement arising under the Copyright Act of the United States, 17 U.S.C. section 101, et seq. 6. J urisdiction of this Court is founded upon 28 U.S.C. sections 1331 and 1338(a). 7. Venue is proper in this Court pursuant to 28 U.S.C. sections 1391(b)(2), 1391(b)(3), 1391(c) and 1400(a) because defendants Forever 21, Inc. and Forever 21 Retail, Inc. reside or can be found in this judicial district and have regular and systematic contacts with this J udicial District. CLAIM FOR RELIEF COPYRIGHT INFRINGEMENT
8. Mara Hoffman repeats and realleges the allegations set forth in paragraph 1 through 7 above, as though fully set forth herein. 9. This cause of action arises under Section 501 of the Copyright Act of 1976, 17 U.S.C. section 501. 10. Mara Hoffman is owner of a copyright in and to a fabric design entitled Arrows. A true and correct copy of a photograph depicting an example of Mara Hoffmans Arrows design is annexed to the Complaint as Appendix 1. Case 1:13-cv-06277-SAS Document 1 Filed 09/06/13 Page 2 of 8 3 11. Mara Hoffman is owner of United States Copyright Registration No. VAu 1-056- 300 covering its Arrows fabric design. A true and correct copy of page 1 of Certificate of Copyright Registration No. VAu 1-056-300 is annexed to the Complaint as Appendix 2. 12. Defendant has infringed Mara Hoffmans copyright by manufacturing, importing, displaying, distributing, selling, offering for sale, promoting and advertising womens dresses which exploit, use or otherwise incorporate a design unlawfully taken from Mara Hoffmans copyrighted work. A true and correct copy of a photograph depicting an infringing article manufactured and sold by Defendant is annexed to the Complaint as Appendix 3. 13. Defendants use of Mara Hoffmans copyrighted work is without authorization or consent from Mara Hoffman. 14. On information and belief, Defendant had access to Mara Hoffmans copyrighted work as same was on public display prior to Defendants infringement thereof. 15. Prior to Defendants current infringement, Defendant was sued for copyright infringement of another of Plaintiffs designs and Defendants infringement of Plaintiffs Arrows design was willful and with knowledge of Plaintiffs copyright. 16. Defendant will, upon information and belief, continue to infringe Mara Hoffmans copyright unless and until it is enjoined by this Court. Mara Hoffman has been and is likely to continue to be injured unless Defendant is enjoined. Mara Hoffman has no adequate remedy at law. JURY DEMAND 17. Mara Hoffman demands a jury trial. WHEREFORE, plaintiff Mara Hoffman demands judgment: Case 1:13-cv-06277-SAS Document 1 Filed 09/06/13 Page 3 of 8 4 a. Preliminarily and permanently enjoining Defendant, its officers, directors, managing agents, servants, employees and all others acting in concert or participation with them from importing, distributing, advertising, promoting, selling, or offering for sale products which are copied from or substantially similar or identical to Mara Hoffmans copyrighted work which is the subject of United States Copyright Registration No. VAu 1-056-300; b. Requiring Defendant to recall all products which exploit or use designs substantially similar to Mara Hoffmans Arrows design and thereafter destroy or turn over to Plaintiff all such recalled products; c. Requiring Defendant to pay Mara Hoffmans actual damages and any additional profits of Defendant, pursuant to 17 U.S.C. section 504(b); d. Requiring Defendant to pay to Mara Hoffman statutory damages and an increase of such award resulting as a consequence of Defendants willful acts of infringement, pursuant to 17 U.S.C. section 504(c); e. Requiring Defendant to deliver to Plaintiff for impoundment and destruction all infringing articles as well as all plates, screens, matrices, masters, tapes, film negatives, or other articles by means of which such copies may be reproduced, for destruction pursuant to 17 U.S.C. sections 503 and 509; f. Requiring Defendant to pay Mara Hoffmans reasonable attorneys fees and costs of this action because of the exceptional nature of this case, pursuant to 17 U.S.C. section 505; and g. Granting such other and further relief as this Court deems just and proper. Case 1:13-cv-06277-SAS Document 1 Filed 09/06/13 Page 4 of 8 5
Respectfully submitted, Dated: September 6, 2013 New York, New York
s/J oseph T. Murray J oseph T. Murray (J M 3564)
HART, BAXLEY, DANIELS & HOLTON 90 J ohn Street Suite 403 New York, New York 10038-3242 Tel. 212.791.7200 Fax. 212.791.7276 e-mail: jtm@hartbaxley.com
Attorney for Plaintiff Mara Hoffman, Inc. Case 1:13-cv-06277-SAS Document 1 Filed 09/06/13 Page 5 of 8
Appendix 1 Case 1:13-cv-06277-SAS Document 1 Filed 09/06/13 Page 6 of 8
Appendix 2 Case 1:13-cv-06277-SAS Document 1 Filed 09/06/13 Page 7 of 8
Appendix 3 Case 1:13-cv-06277-SAS Document 1 Filed 09/06/13 Page 8 of 8 Certificate of Registra m Title This Certificate issued under the seal of the Copyright Office in with title 17, United States Code, attests that registration has been made for the work identified below. The information on this certificate has been made a part of the Copyright Office records.
Acting Register of Copyrights. United States of America Registration Number VAu 1-056-300 Effective date of registration: February I, 20 ll Title of' Work: MARA HOFFMAN READY-TO-WEAR FALL 2011 COLLECTION Contents Titles: ARROWS RED ARROWS MIDNIGHT HUNTER GREEN HUNTER BLUE HUNTER fVORY KlJ<O TRAVELER BLACK TRAVELER fVORY WOLfYBLACK WOLFYTAUPE Completion/Publication -------------------- Year orcompletion: 201 1 Author Author : Mara Roffman, Jnc. Author Created: 2-D artwork Wor k made for hire: Yes Citizen of: Afghanistan Domiciled in: United States Copyright claimant Copyrigh t CJ;tiroaot: Mara Hoffman, Inc. 120 West 28th Street, Suite 4B, New York, NY, I 000 l, United States Certification Nnme: Joseph T. Murray Date: February 1, 2011 Applicant's Tr:tcki.ng Num.ber: 18781 B Page I of 2