Professional Documents
Culture Documents
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Martin B. Pavane (MP4871)
Edward M. Weisz (EW4461)
Lisa A. Ferrari (LF8081)
COZEN O'CONNOR
277 Park Avenue
New York, New York 10172: ...
Tel. (212) 883-4900
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Fax: (212) 986-0604
Email: n1pavane(a)cozen. com
eweisz@cozen. coin
lferrari(Q),cozen.con1
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HOMEGOODS, INC.,
Defendant.
-------------------------------------------------------------){
Plaintiff Godinger Silver Art, Ltd., by its attorneys, Cozen O'Connor, as and for its
Complaint, alleges:
THE PARTIES
Plaintiff Godinger Silver Art, Ltd. ("Godinger" or "plaintiff') is now, and at all
relevant times was, a limited liability corporation organized and existing under the laws of the
State of New York, with its principal place of business located at 63-15 Traffic Avenue,
Ridgewood, New York 11385.
2.
"defendant") is now, and at all relevant times was, a corporati.on organized and existing under
the laws of the State of Delaware, with its principal place of business located at 770 Cochituate
Road, Framingham, MA 01701.
LEGAL\21274574\1
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-against-
1.
-y-t
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(_.)
3.
This is an action for copyright infringement under the Copyright Act of 1976, as
4.
This Court has jurisdiction over this action pursuant to 28 U.S.C. 1331 and
5.
1338.
and/or is found within this district, the claims arose within this district, and a substantial part of
property that is the subject of this action is situated in this district.
GENERAL ALLEGATIONS~
6.
crystal, stainless steel and alternative metal giftware, which it sells and distributes to customers
throughout the United States and elsewhere.
Godinger's Dublin Glass Design
7.
completed in 2001 a new and original sculptural work consisting of a design entitled "Dublin
Glass" (hereinafter referred to as ''the Dublin Glass Design").
8.
The Dublin Glass Design was published in the lJnited States on March 31, 2001,
and was duly registered for copyright in the United States Copyright Office in plaintiffs name
under Registration No. VA 1-389-466. Attached to this Complaint as Exhibit A is a copy of the
Certificate of Copyright Registration for the Dublin Glass Design, issued November 27, 2006,
and attached as Exhibit B are photographs of a Godinger beverage glass incorporating the Dublin
Glass Design.
2
LEGAL\21274574\1
9.
At all relevant times, Godinger has been, and is now, the sole and exclusive
owner of all rights, title and interest in the copyright for the Dublin Glass Design.
10.
Godinger manufactures and sells beverage glasses incorporating the Dublin Glass
advertising, offering for sale, and/or selling beverage glasses incorporating the Dublin Glass
Design.
12.
beverage glass bearing the Dublin Glass Design and a photograph of the Home Goods label on
the bottom of said infringing beverage glass.
13.
advertised, offered for sale and sold by defendant is substantially similar to, and
indistinguishable from, Godinger' s Dublin Glass Design.
14.
Prior to defendant's offer of sale and sale of its infringing beverage glass bearing
the Dublin Glass Design, defendant had access to plaintiff's copyrighted Dublin Glass Design in
that, inter alia, defendant previously purchased from Godinger and sold Godinger beverage
glasses incorporating the Dublin Glass Design.
15.
The design of the beverage glass offered for sale and sold by defendant was
3
LEGAL\21274574\1
16.
The layout, presentation, ~nd overall feel of the design of the beverage glass
offered for sale and sold by defendant is the same as the layout, presentation, and overall feel of
the Dublin Glass Design.
17.
Godinger has never authorized defendant to use the Dublin Glass Design in any
manner.
18.
Upon information and belief, defendant has willfully and intentionally infringed
completed in 2013 a new and original sculptural work consisting of a design entitled "Palm
Glass" (hereinafter referred to as "the Palm Glass Design").
20.
The Palm Glass Design was published in the United States on September 30,
2007. Attached to this Complaint as Exhibit D are photographs of a Godinger beverage glass
incorporating the Palm Glass Design
21.
On October 31, 2014, Godinger filed an application for copyright registration for
At all relevant times, Godinger has been, and is now, the sole and exclusive
owner of all rights, title and interest in the copyright for the Palm Glass Design.
23.
Godinger manufactures and sells beverage glasses incorporating the Palm Glass
4
LEGAL\21274574\1
24.
advertising, offering for sale, and/or selling beverage glasses incorporating the Palm Glass
Design.
25.
beverage glass bearing the Palm Glass Design and a photograph of the Home Goods label on the
bottom of said infringing beverage glass.
26.
advertised, offered for sale and sold by defendant is substantially similar to, and
indistinguishable from, Godinger's Palm Glass Design.
27.
Prior to defendant's offer for sale and sale of its infringing beverage glass bearing
the Palm Glass Design, defendant had access to plaintiffs copyrighted Palm Glass Design in
that, inter alia, defendant previously purchased from Godinger and sold Godinger beverage
glasses incorporating the Palm Glass Design.
28.
The design of the beverage glass offered for sale and sold by defendant was
29.
The layout, presentation, and overall feel of the design of the beverage glass
offered for sale and sold by defendant is the same as the layout, presentation, and overall feel of
the Palm Glass Design.
30.
Godinger has never authorized defendant to use the Palm Glass Design in any
manner.
5
LEGAL\21274574\1
31.
Upon information and belief, defendant has willfully and intentionally infringed
intends to amend this Complaint to assert a claim for infringement of plaintiff's copyright in the
Palm Glass Design.
COUNT I:
COPYRIGHT INFRINGEMENT
(17 U.S.C. 501 et seq.)
33.
reference herein.
34.
suffered and will continue to suffer monetary damages in an amount to be determined at trial.
36.
Upon information and belief, defendant has profited from its acts of copyright
infringement as aforesaid.
37.
38.
JURY DEMAND
Pursuant to Rule 38(b), plaintiff requests a trial by jury on all issues so triable.
COUNT I:
COPYRIGHT INFRINGEMENT
A)
employees, assigns, successors, and attorneys, and all other persons acting in concert with any of
them, pursuant to 17 U.S.C. 502(a):
1)
copyrights, including without limitation, plaintiffs copyright in the Dublin Glass Design, and
2)
B)
other goods made or used in violation of plaintiffs exclusive copyright rights, and of all plates,
molds, or other articles by means of which such beverage glasses or other goods may be
reproduced, pursuant to 17 U.S.C. 503;
C)
Directing defendant to account for and pay over to plaintiff all gains and profits
D)
G)
H)
I)
Awarding plaintiff such other, further or different relief in its favor and against
8
LEGAL\21274574\1
EXHIBIT A
certificate of Registrati.... .
.....,_,...,.~
FormVA
VA 1-389.;..466 .
~~~~~esofAmerica
;tkv
n or'J1all.won
DublmGlass
Sculptural Work
4202S 306
01' collcc:UOD,
NOTE
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Nlme of Cou1lry
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work mad
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the employee
(a.. nttruc
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wu prepared)
11 AuthQr ol
that part and
Jeave .tht
epee. lor datea
or blrih and
dtlth blink
Aaooymous.,
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Domlclled m
SA
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genally the
employer not
NAMEOF AUTiloR T
NumbtrT
Pleudonymous.,
0 Yes
c1 No
of thlei quMIIona ,.
Yea "'cltCIIed
0 Tc:cbrucal draWlDJ
OText
0 Artbltectural work
Dates of Blrdt .... Deadl
Year Born
of Author Y
'
Year Died
OR { CazeD of
Doauc:llod ID - - - - - - - - - - - - - -
-------------------------------------------Nahl~
Audtonlllp Cbcct appRJprU~~C bol.(es) See lnatructlona
or
0 3 DlmeDBiooaiiCUlpiUR
0 2 Dunenatonal anwort
0 Rcprodudlon of work c:i art
2001
v..,
:=::.ten
0 Map
0 Photograph
D Jewelry dcstgn
0 Tc:chrucal drawmg
OText
0 Archltcctunll wort
=:.:..~
2001
Uruted States
COPYRIGH'I' CLAIMANT(S) Name 8Dd .tdJas.muzit be ~~~en tven aldie dauaut1a me IIIDJC u the
ttd
II
MORE ON BACK
Q)mJJteteiiiiPPICiblt . . . (lllllbtra.S-i)enttMuwerorlh!SPIOII
S detlaled lniiiUcllona
Sign the !otm .r lne 8
NQV 2 7 2006
'FORM VA
CHECKED BY .
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coRA~
:.FoR';,
_COPYAtOHT
OFFlOE
. USE
ONLY
DO NOT WRITe AaOVE 11t8 UNE IF YOU "EEDMORE SPACE, USE A SEPARATI c0tmHuA110N8fEIT
PREVIOUS IU!'.GISTRA'110N Has tepll8bOil for dlaWOik. m-tor a_._ YIIIK'IIofdu work already bleD made 11 lbeCopynpt Offtce"
Y 0 No .If your auwerJS Yes why 111D0lher reJlllrii30D bemJIOUibl'f (Check~ box) '9'
a 0 11uJ 11 die fin& pubbiW ecbtloe cia wort lftVIOGIIJ repteJed m uapubballed form
Yearof..........,aY
DBIUVATlVE WORK oa COMPILATION Campa. bodt apace &t 1111 6b for a dr:mallvo wort complete ool)' 6b for acomptlaboa
a. ........._ Mataial ldeDcd'y aay preexlltiDJ worlt or wens that tlul wort a l:lued on or mccrporate~ '9'
b
DEPOSrr ACCOUNT If lhe fCIIIblllloa fc:e1110 be dJaracd ao a J)c:poelr Aa:out ~m at.Copynliit Off"p pvc II8IDir IIXI DUII'Ibcr ol Aoeot~~t
MaiM Y
AcceuatNa..._ Y
. __ ... . ....
----------------------------------- __________________________________a
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Edward M WeiSz
Cohen Pontam Lteberman & Pavanc LLP
ErnaU
2770
Fax number
cwetsz@cplplaw com
TJped or prblted JWne ad ule Y If !Jus apphcabon gavet a datr of pubbcabOn an space l do not Jl8n and subnut at beoN that date
Edward M Wel8Z
Date
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Edward:M Weasz CohcnPontlmLJeberman&Pavane LLP
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EXHIBITB
EXHIBITC
EXHIBITD
EXHIBITE
4? 44C/SDNY
REV~4/2014
The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of
pleadings or other papers as required by law. except as provided by local rules of court This form, approved by the
Judicial Conference of the United States in Septe11914
. requirecvf!he Clerk ofsrt M.p.~u~
.~e o9f
initiating the civil docket sheet.
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PLAINTIFFS
Godinger Silver Art, Ltd.
j-
ENDANTS
HomeGoods. Inc.
I.
20141
CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE '\~RIEF STATEMENT OF CAUS~
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)
, ~"'-
Copy right Infringement Under Copyright Act of 1976 as amended 17U.S.C. 101, et seq.
Has this action, case, or proceeding, or one essentially the same been previously filed in SONY at any time? NdZresDludge Previously Assigned
If yes, was this case Vol.
lnvol.
Dismissed. No
No
Yes
Yes
NATURE OF SUIT
'
TORTS
CONTRACT
PERSONAL INJURY
1 1110
! 1120
[ ]310AIRPLANE
[ ]315AIRPLANE PRODUCT
LIABILITY
[ ] 320 ASSAULT, LIBEL &
SLANDER
[ ] 330 FEDERAL
EMPLOYERS'
LIABILITY
[ ]340 MARINE
[ ]345 MARINE PRODUCT
LIABILITY
[ ) 350 MOTOR VEHICLE
[ ] 355 MOTOR VEHICLE
PRODUCT LIABILITY
[ ] 360 OTHER PERSONAL
INJURY
[ ]362 PERSONAL INJURYMED MALPRACTICE
[ ]130
I 1140
[ ]150
! ]151
[ ]152
[ 1153
[ ]160
[ ]190
[ ]195
{ ]196
INSURANCE
MARINE
MILLER ACT
NEGOTIABLE
INSTRUMENT
RECOVERY OF
OVERPAYMENT &
ENFORCEMENT
OF JUDGMENT
MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS
(EXCL VETERANS)
RECOVERY OF
OVERPAYMENT
OF VETERAN'S
BENEFITS
STOCKHOLDERS
SUITS
OTHER
CONTRACT
CONTRACT
PRODUCT
LIABILITY
FRANCHISE
REAL PROPERTY
[ ]210
[ ]220
[ ]230
[ ]240
[ 1245
[ ]290
LAND
CONDEMNATION
FORECLOSURE
RENTLEASE &
EJECTMENT
TORTS TO LAND
TORT PRODUCT
LIABILITY
ALLOTHER
REAL PROPERTY
PERSONAL INJURY
FORFEITURE/PENALTY
[ ]367 HEALTHCAREI
PHARMACEUTICAL PERSONAL [ J625 DRUG RELATED
INJURY/PRODUCT LIABILITY
SEIZURE OF PROPERTY
[ 1365 PERSONAL INJURY
21 USC 681
PRODUCT LIABILITY
[ ]368 ASBESTOS PERSONAL I ]690 OTHER
INJURY PRODUCT
LIABILITY
BANKRUPTCY
[ 1422 APPEAL
28 usc 158
[ 1423 WITHDRAWAL
28 usc 157
PROPERTY RIGHTS
fX]820 COPYRIGHTS
PERSONAL PROPERTY
[ 1830 PATENT
[ ]640 TRADEMARK
SOCIAL SECURITY
[ ]380 OTHER PERSONAL
PROPERTY DAMAGE
[ ] 385 PROPERTY DAMAGE
PRODUCT LIABILITY
LABOR
STANDARDS ACT
[ j 720 LABORIMGMT
PRISONER PETITIONS
RELATIONS
[ ]740 RAILWAY LABOR ACT
[ ]463 ALIEN DETAINEE
[ ]510 MOTIONS TO
[ ] 751 FAMILY MEDICAL
ACTIONS UNDER STATUTES
VACATE SENTENCE LEAVE ACT (FMLA) .
28 usc 2255
CIVIL RIGHTS
[ ]530 HABEAS CORPUS
[ ] 790 OTHER LABOR
LITIGATION
I 1535 DEATH PENALTY
[ ] 440 OTHER CIVIL RIGHTS [ ]540 MANDAMUS & OTHER [ ]791 EMPL RET INC
SECURITY
ACT
(Non-Prisoner)
[ ]441 VOTING
IMMIGRATION
[ 1442 EMPLOYMENT
PRISONER CIVIL RIGHTS
[ ] 443 HOUSING/
[ ]462 NATURALIZATION
ACCOMMODATIONS [ 1 550 CIVIL RIGHTS
APPLICATION
[ 1445 AMERICANS WITH
[ ]555 PRISON CONDITION
[ 1465 OTHER IMMIGRATION
DISABILITIES [ ]560 CIVIL DETAINEE
ACTIONS
EMPLOYMENT
CONDITIONS OF CONFINEMENT
[ ]446 AMERICANS WITH
DISABILITIES -OTHER
[ ]448 EDUCATION
[
[
[
[
[
OTHER STATUTES
375 FALSE CLAIMS
400STATE
REAPPORTIONMENT
[ ]410ANT!TRUST
[ ]430 BANKS & BANKING
! ]450 COMMERCE
! 1460 DEPORTATION
I J470 RACKETEER INFLUENCED & CORRUPT
ORGANIZATION ACT
(RICO)
[ ] 480 CONSUMER CREDIT
[ ]490 CABLE/SATELLITE TV
11
[ ] 850 SECURITIES/
COMMODITIES/
EXCHANGE
[ ]6900THERSTATUTORY
ACTIONS
[ 1691 AGRICULTURAL ACTS
{ J 893 ENVIRONMENTAL
MATTERS
[ J 895 FREEDOM OF
INFORMATION ACT
[ 1 896 ARBITRATION
[ ] 699 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION
[ 1950 CONSTITUTIONALITY OF
STATE STATUTES
ACTION
DEMAND " ' - - - - - OTHER _ _ _ _ _ J U D G E - - - - - - - - - - - DOCKET NUMBER'------Check YES only if demanded in co !!!Plaint
JURY DEMAND:
00 YES LNO
NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).
...
IBJ1
Original
Proceeding
D2
Removed from
State Court
a.
0
(PLACEAN
ORIGIN
D3
Remanded
from
Appellate
Court
4 Reinstated or
Reopened
Transferred from
(Specify District}
06
Multidistrict
Litigation
7 Appeal to District
Judge from
Magistrate Judge
Judgment
b.
Atleastone
party is pro se.
/NONEBOXONLY)
IF DIVERSITY, INDICATE
CITIZENSHIP BELOW.
BASIS OF JURISDICTION
04
DIVERSITY
PTF
[ ]1
DEF
[ ]1
[ ]2
[ ]2
PTF DEF
[ )3[ ]3
CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY
INCORPORATED or PRINCIPAL PlACE
OF BUSINESS IN THIS STATE
[ ]4 [ ]4
PTF
{ ]5
DEF
[ ]5
[ ]6
[ ]6
Check one:
WHITE PLAINS
[B) MANHATTAN
(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS
COMPLAINT.)
DATE
I,\l \I."\
RECEIPT#
SIGNATURE OF A~RD
~.