Crown Awards v. Trophy Depot - Trophy Copyright Complaint PDF

JS 44C/SDNY
CIVIL COVER SHEET
REV. 4/2012
417 o
The JS-44 civil cover sheet and the information contained herein neither replace norOTPplement tfieTilin? and servii
pleadings or other papers as required by law, except as provided by local rules of court. This form, approved t?
Judicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose of
initiating the civil docket sheet.
PLAINTIFFS
DEFENDANTS
TROPHY DEPOT, INC., JAMES O'BOYLE and HOWARD BECKER
CROWN AWARDS, INC.

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER
Richard Lehv, Esq., Emily Weiss, Esq.
ATTORNEYS (IF KNOWN)
FEB 18201*
FROSS ZELNICK LEHRMAN & ZISSU, P.C.
866 U.N. Plaza, New York, NY 10017, Tel: (212) 813-5900
CAUSEOF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OFCAUSE)
Claimsfor copyrightinfringemenfunder tiecbon 108 ofthe UnitedStates CopyngntAct of 1976, as amended (the "Copyright Act"), 17 U.S.C. 106; unfaircompetitionunder Section
43(a) of the United States TrademarkActof 1946, as amended (the "Lanham Act"), 15 U.S.C. 1125(a);trademark infringement under Section 32(1)ofthe LanhamAct, 15 U.S.C.
1114(1);false advertising under Section 43(a)(1)(B)of the Lanham Act, 15 U.S.C. 1125(a)(1)(B); and related claims under New York's statutory and common law.
Has thisor a similar case been previously filed inSDNY at any time? No
If yes,was thiscase Vol. | | Invol. | | Dismissed. No Q Yes Q

IS THIS AN INTERNATIONAL ARBITRATION CASE?
|x] Yes
Judge Previously Assigned
If yes,give date
Yes D
No
(PLACEAN [x] IN ONE BOX ONLY)
NATURE OF SUIT
TORTS
CONTRACT
[
[
[
[
1110
1120
M30
]140
[ ]150
INSURANCE
MARINE
PERSONAL INJURY
PERSONAL INJURY
FORFEITURE/PENALTY
BANKRUPTCY
OTHER STATUTES
[ ]362
[ ]610
[ ]620
AGRICULTURE
OTHER FOOD &
[ ]422 APPEAL
[ J400
STATE
DRUG
DRUG RELATED
SEIZURE OF
[ ]423 WITHDRAWAL
[ ]625
[
[
[
[
I
]410
]430
]450
]460
I 470
ANTITRUST
BANKS & BANKING
COMMERCE
DEPORTATION
[
[
[
[
]480
]490
]810
]850
LIABILITY
SLANDER
[ ]330
[ ]368
ASBESTOS PERSONAL
FEDERAL
INJURY PRODUCT
EMPLOYERS'
LIABILITY
ENFORCEMENT
LIABILITY
MEDICARE ACT
[ ]340 MARINE
[ ]345 MARINE PRODUCT
RECOVERY OF
DEFAULTED
STUDENT LOANS
LIABILITY
[ ]350 MOTOR VEHICLE

[ ]355 MOTOR VEHICLE
(EXCL VETERANS)
[ ]153
[ ]365
[ ]320 ASSAULT, LIBEL &
PERSONAL INJURY MED MALPRACTICE

PERSONAL INJURY
PRODUCT LIABILITY
OVERPAYMENT &
OF JUDGMENT
[]151
[ ]152
ACTIONS UNDER STATUTES
U310 AIRPLANE
[]315 AIRPLANE PRODUCT
MILLER ACT
NEGOTIABLE
INSTRUMENT
RECOVERY OF
RECOVERY OF
PERSONAL PROPERTY
I ]370
t 1371
[ J380
PRODUCT LIABILITY
[ ]360
OVERPAYMENT
OTHER PERSONAL
[ J 385
INJURY
OTHER FRAUD
TRUTH IN LENDING
OTHER PERSONAL
PROPERTY DAMAGE
PROPERTY DAMAGE
PRODUCT LIABILITY
[ ]190
BENEFITS
STOCKHOLDERS
SUITS
OTHER
)630
I 640
]650
]660
[ ]690
21 USC 881
LIQUOR LAWS
PROPERTY RIGHTS
RR & TRUCK
AIRLINE REGS
P<]820 COPYRIGHTS
OCCUPATIONAL
SAFETY/HEALTH
PRODUCT
ACTIONS UNDER STATUTES
LIABILITY
[ ]196
FRANCHISE
REAL PROPERTY
[ ]441 VOTING
[ ]442 EMPLOYMENT
[ ]443 HOUSING/
[ ]530
[ ]535
[ ]540
HABEAS CORPUS
LAND
CONDEMNATION
[ ]444 WELFARE
( ]445 AMERICANS WITH
[ ]220
[ ]230
FORECLOSURE
RENT LEASE &
[ ]240
[ ]245
TORTS TO LAND
DISABILITIES -OTHER
TORT PRODUCT
[ ]440 OTHER CIVIL RIGHTS

(Non-Prisoner)
[ ]290
ALL OTHER
EJECTMENT
LIABILITY
FAIR LABOR
t ]720
STANDARDS ACT
LABOR/MGMT
DISABILITIES EMPLOYMENT
[ ]446
[ ]740
[]790
DEATH PENALTY
MANDAMUS & OTHER
RELATIONS
LABOR/MGMT
REPORTING &
DISCLOSURE ACT
RAILWAY LABOR ACT
OTHER LABOR
LITIGATION
[]791
EMPLRETINC
SECURITY ACT
[
[
I
[
[
] 861
] 862
] 863
] 864
J 865
HIA(1395ff)
BLACK LUNG (923)
DIWC/DIWW (405(g))
SSID TITLE XVI
RSI (405(g))
REAPPORTIONMENT
RACKETEER INFLU
ENCED & CORRUPT
ORGANIZATION ACT
(RICO)
CONSUMER CREDIT
CABLE/SATELLITE TV
SELECTIVE SERVICE
SECURITIES/
COMMODITIES/
EXCHANGE
[ ]875 CUSTOMER
CHALLENGE
12 USC 3410
[ ]890 OTHER STATUTORY

ACTIONS
FEDERAL TAX SUITS
[ ]891 AGRICULTURAL ACTS

[ ]892 ECONOMIC
STABILIZATION ACT
[ ] 870 TAXES (U.S. Plaintiff or

Defendant)
[ ] 871 IRS-THIRD PARTY
[ ]893
ENVIRONMENTAL
[ ]894
ENERGY
MATTERS
26 USC 7609
ALLOCATION ACT
[ ]895 FREEDOM OF
INFORMATION ACT
ACCOMMODATIONS
[ ]210
[ ]710
MOTIONS TO
VACATE SENTENCE
20 USC 2255
CIVIL RIGHTS
[ ] 830 PATENT
[ J 840 TRADEMARK
OTHER
LABOR
[J 730
[]510
CONTRACT
28 USC 157
SOCIAL SECURITY
PRISONER PETITIONS
CONTRACT
1 ]195
28 USC 158
PROPERTY
[
[
[
[
OF VETERAN'S
[ ]160
& Case No.
IMMIGRATION
[ ]900 APPEAL OF FEE
PRISONER CIVIL RIGHTS
DETERMINATION
[ ]462
[ ]550
[ ]555
CIVIL RIGHTS
PRISON CONDITION
NATURALIZATION
UNDER EQUAL
APPLICATION
[ ]463
AMERICANS WITH
I ]465
HABEAS CORPUSALIEN DETAINEE

OTHER IMMIGRATION
ACTIONS
ACCESS TO JUSTICE
[ ]950 CONSTITUTIONALITY
OF STATE STATUTES
REAL PROPERTY
Check if demanded in complaint:

CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23
DEMAND $ undetermined other Injunctive
DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.DNY'
IF SO, STATE:
judge
DOCKET NUMBER
Check YES only if demanded in complaint
JURY DEMAND: YES S NO
NOTE: Please submit at the time of filing an explanation of why cases are deemed related.
(PLACEAN x IN ONE BOX ONLY)
H 1 Original
ORIGIN
2 Removed from
Proceeding
3 Remanded LZI 4 Reinstated or
state Court
from
I [ 3. all parties represented
| I 5 Transferred from r_| 6 Multidistrict

(Specify District)
Reopened
II 7 Appeal toDistrict
Litigation
Judge from
Magistrate Judge
Judgment
Appellate
Court
| I b. At least one
party is pro se.
(PLACEAN x IN ONEBOXONLY)
1 U.S. PLAINTIFF
BASIS OF JURISDICTION
Q2 U.S. DEFENDANT
M 3 FEDERAL QUESTION
IF DIVERSITY, INDICATE
Q4 DIVERSITY
CITIZENSHIP BELOW.
(28 USC 1322, 1441)
(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)
CITIZEN OF THIS STATE
PTF
DEF
CITIZEN OF ANOTHER STATE
CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY
PTF
DEF
13
PTF
DEF
INCORPORATED and PRINCIPAL PLACE

OF BUSINESS IN ANOTHER STATE
INCORPORATED or PRINCIPAL PLACE

OF BUSINESS IN THIS STATE
FOREIGN NATION
PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)
Crown Awards, Inc.
9 Skyline Drive
Hawthorne, New York 10532
Westchester County
DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)
Trophy Depot, Inc.
171 Rodeo Drive
Edgewood, New York 11717

Suffolk County
James O'Boyle
Trophy Depot, Inc.
Trophy Depot, Inc.
171 Rodeo Drive
171 Rodeo Drive

Suffolk County

Suffolk County
Howard Becker
DEFENDANT(S) ADDRESS UNKNOWN

REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN THE
RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:
Checkone:
THIS ACTION SHOULD BE ASSIGNED TO:
WHITE PLAINS
[X] MANHATTAN
(DO NOT check either box ifthis a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.)
DATE 02/18/2015 SIGNATURE OF ATTORNEY/DF RECJBRD
ADMITTED TO PRACTICE IN THIS DISTRICT

NO
-7
X YES (DATE ADMITTED Mo. J

RECEIPT*
Richard Z. Lehv
Attorney Bar Code # rlehv@fzlz.com
Magistrate Judge is to be designated by the Clerk of the Court. "T';

Magistrate Judge
Ruby J. Krajick, Clerk of Court by
"' l. kl
is so Designated.
Deputy Clerk, DATED
UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)
y, ^
Richard Lehv (rlehv@frosszelnick.com)

Emily Weiss (eweiss@frosszelnick.com)
866 United Nations Plaza
New York, New York 10017

Tel: (212)813-5900
Attorneysfor Plaintiff
15
'">
UNITED STATES DISTRICT COURT
1178
SOUTHERN DISTRICT OF NEW YORK
CROWN AWARDS, INC.,

Civil Action No.
Plaintiff,
v.
TROPHY DEPOT, INC.; JAMES O'BOYLE; and

HOWARD BECKER,
Defendants.
Plaintiff, Crown Awards, Inc., by its attorneys, Fross Zelnick Lehrman & Zissu, P.C, for
its Complaint against Defendants, Trophy Depot, Inc., James O'Boyle, and Howard Becker,
alleges as follows:
SUBSTANCE OF THE ACTION
1. This is an action for blatant and willful copyright infringement and unfair
competition on a massive scale.
2. Plaintiff designs, manufactures, and sells trophies, medals, and other awards for
sports competitions and other activities and events. Founded in 1978, Plaintiff started as a single
storefront in Brooklyn, and grew into the largest retailer of awards in the country. Plaintiff has its
own staff of designers, who create original designs for an enormous variety of medals, trophies,
and other awards for sporting events and other competitions and occasions.
{F1617946.9 1
3. Defendants, unable or unwilling to design their own trophies, medals, and awards,
have adopted a predatory and unlawful business model, consisting of intentional and wholesale
copying of Plaintiff s products and business. Indeed, whenever Plaintiff releases a new design or
adds a new feature to its website, no matter how idiosyncratic or unusual, Defendants shortly
thereafter do the exact same thing. For example, just last month Plaintiff introduced its new
prices, and several weeks later Defendants' website started to show the exact same pricing.
4. Defendants know that their conduct is unlawful, having been enjoined by a federal
court in 2005 from infringing the copyright in Plaintiffs catalog and ordered to pay Plaintiff
nearly half a million dollars. Despite these penalties and the court's description of Defendants'
conduct as "disturbing," Defendants were undeterred, and they have expanded their infringing
activities to include:
Copying entire lines of products designed by Plaintiff, consisting of hundreds of

individual items. The following are several examples:
Plaintiffs Copyrighted Designs
{F1617946.9 )
Defendants' Infringing Copies
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{F1617946.9}
Copying the component parts of awards, such as Mylar inserts and neck ribbons,
which can be combined with thousands of medals and other awards. The following
are several examples of inserts copied by Defendants that can be placed on trophies,
medals, and plaques, thereby making the finished trophy or award an infringing work:
Plaintiff's Copyrighted Designs
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{F1617946.9 }
The following are four examples of ribbons copied by Defendants that can be
attached to medals, thereby making the finished medal an infringing work:

PlaintifPs Copyrighted Designs
(F1617946.9 (
Copying the exact look and feel of Plaintiffs "Trophy Builder" for custom design of
trophies and other awards:
Plaintiff's Copyrighted Design
GrMntfMmnls kssksh
Defendants' Infringing Copy
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10-12 Inch Traditional Trophies on Martte 8

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Copying the exact look and feel of Plaintiff s "Engraving Engine" for custom
engraving of awards:
Plaintiffs Copyrighted Design
/\
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CwteMPhrMi
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Copying the overall look and feel of Plaintiffs homepage, as shown below, and many
other pages within the site:
Plaintiffs Copyrighted Homepage
Defendants' Infringing Homepage
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^m
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Copying other key elements of Plaintiff s website, namely the look and feel of
Plaintiffs display of trophies and awards, as shown below:
Plaintiffs Copyrighted Page
Cmntfhnrfs
HtKSMtMNG
WoSuD
Defendants' Infringing Page
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Copying of Plaintiff s distinctive navy blue presentation packaging, including the

gold lettering and the satin interior:
Plaintiffs Protected Packaging
Defendants' Infringing Packaging
Engaging in false advertising, such as claiming that they offer "Same-Day Shipping,"
when they do not.
Using Plaintiffs name as a paid keyword to attract consumers to their website.
5. Despite having full knowledge that their actions are unlawful, Defendants persist in
running a business that is based on copying Plaintiffs protected works and, indeed, Plaintiffs
entire business. Plaintiff has had no choice than to file this action to stop these recidivist
Defendants from copying its products, components, and website, by asking this court to shut
down the infringing website as it is currently designed, to permanently enjoin further sale of all
the infringing products, and to order Defendants to turn over their ill-gotten gains.
6. Plaintiff therefore brings claims for copyright infringement under Section 106 ofthe
United States Copyright Act of 1976, as amended (the "Copyright Act"), 17 U.S.C. 106; unfair
competition under Section 43(a) ofthe United States Trademark Act of 1946, as amended (the
"Lanham Act"), 15 U.S.C. 1125(a); trademark infringement under Section 32(1) ofthe
Lanham Act, 15 U.S.C. 1114(1); false advertising under Section 43(a)(1)(B) ofthe Lanham
{F1617946.9 |
, ,
Act, 15 U.S.C. 1125(a)(1)(B); and related claims under New York's statutory and common
law. Plaintiff seeks injunctive and monetary relief.
JURISDICTION AND VENUE
7. This Court has jurisdiction under Section 501 ofthe Copyright Act, 17 U.S.C. 501,
under Section 39 ofthe Lanham Act, 15U.S.C. 1121, under Sections 1331 and 1338(a) and (b)
ofthe Judicial Code, 28 U.S.C. 1331, 1338(a) & (b), and under principles of pendent
jurisdiction. Supplemental jurisdiction exists over Plaintiffs state law claims pursuant to 28
U.S.C. 1367.
8. This Court has personal jurisdiction over Defendants because, on information and
belief, (a) Defendant Trophy Depot, Inc.'s place of incorporation and principal place of business
is New York, (b) Defendants James O'Boyle's and Howard Becker are both domiciles of New
York, and (c) Defendants sell their infringing products to customers in this District.
9. Venue is proper in this District under Section 1391(b) ofthe Judicial Code, 28 U.S.C.
1391(b), because a substantial part ofthe events giving rise to the claims occurred in this
District, and because Defendants are deemed to reside in this District by virtue of being subject
to personal jurisdiction here.
THE PARTIES
10. Plaintiff, Crown Awards, Inc., is a corporation organized and existing under the laws
ofthe State of New York, having its principal place of business at 9 Skyline Drive, Hawthorne,
New York 10532.
11. On information and belief, Defendant Trophy Depot, Inc. is a corporation organized
and existing under the laws ofthe State of New York, having its principal place of business at
171 Rodeo Drive, Edgewood, New York 11717. On information and belief, Trophy Depot, Inc.
is the registrant ofthe domain name trophydepot.com.
12. On information and belief, Defendant James O'Boyle is resident and citizen ofthe
State of New York. On information and belief, Mr. O'Boyle is the sole shareholder and chief
{F1617946.9}
12
executive officer of Trophy Depot, Inc., directs and controls its infringing activities, and profits
from them.
13. On information and belief, Defendant Howard Becker is an individual residing in

and a citizen ofthe State of New York, and has been the "Creative Director" of Trophy Depot,
Inc. since 2009. As such he is responsible for Defendants' infringing designs.
FACTS COMMON TO ALL CLAIMS FOR RELIEF
I.
Plaintiff and Its Intellectual Property Rights
14. Founded in 1978, Plaintiff today is the largest awards supplier in the United States.
Plaintiff supplies awards for myriad activities and occasions, from sporting events to educational
achievement to employee recognition to family reunions to chili cook-offs. If there is an activity

or occasion that could possibly require acknowledgement, Plaintiff has designed an award for it.
Plaintiffs awards include trophies, medals, plaques, rings, lapel pins, and ribbons, which come
in all shapes and sizes and can be customized as desired by the customer.
15. Plaintiffs exclusive products are created by an in-house design team that consists of
eight full-time employees. As a result, the designs of these products are unique to Plaintiff and
cannot be purchased from any competitor - that is, until Defendants began copying Plaintiffs
exclusive products.
16. Plaintiff offers its products for sale primarily through its website,
www.crownawards.com, its annual catalogs, and Crown Trophy retail stores in over forty states.
Plaintiffs annual catalog, which contains the entire line of products offered by Plaintiff at the
time the catalog is published, is distributed to thousands of consumers and corporate customers
across the United States. Plaintiff advertises through its website, catalogs, promotional emails,
and social media, such as Facebook, Instagram, and Twitter.
A.
Plaintiffs Trophies, Medals, Plaques, and Other Protected Awards
17. Plaintiff, through its design team, has independently created thousands of awards
and other products. Plaintiff, as the employer-for-hire, is the author under the Copyright Act of
{F1617946.9 j
13
these original works of authorship. As such, Plaintiff is the owner of all right, title, and interest
in and to the copyright in its awards and other products. Attached as Exhibit A hereto are
representative samples of Plaintiff s copyrighted products.

18. Plaintiff owns numerous copyright registrations for its products, including, but not
limited to, the following registrations:
a.
U.S. Copyright Registration No. VA 1-850-985 for perimeter medals,
which registered on February 4, 2013;

b.
U.S. Copyright Registration No. VA 1-815-363 for a galaxy star medal,

c.
U.S. Copyright Registration No. VA 1-639-384 for a galaxy star medal,

which registered on March 18, 2008;
d.
U.S. Copyright Registration No. VA 1-849-588 for a 2013 double action
medal, which registered on February 4, 2013;

e.
U.S. Copyright Registration No. VA 1-329-789 for double action medals
for various sports, which registered on August 30, 2005;

f.
U.S. Copyright Registration No. VAu 676-949 for double action medals
for various sports, which registered on September 19, 2005;
g.
U.S. Copyright Registration No. VA 1-349-552 for double action medals

for various sports, which registered on September 7, 2006;
h.
U.S. Copyright Registration No. VA 1-850-398 for 2" 3D diecast medals,

i.

j.

k.
U.S. Copyright Registration No. VAu 676-956 for 2" 3D diecast medals,
which registered on September 19, 2005;
{F1617946.9 }
14
1.

m.
U.S. Copyright Registration No. VA 1-815-391 for a glitter rim insert

medal, which registered on February 17, 2012;
n.
U.S. Copyright Registration No. VA 1-902-804 for a large hip hop dog
tag, which registered on February 18, 2014;
o.
U.S. Copyright Registration No. VA 1-702-496 for sateen neck ribbons,

p.
U.S. Copyright Registration No. VA 1-851-810 for a pop out star acrylic,
q.
U.S. Copyright Registration No. VA 1-639-410 for 3D laser crystals,

which registered on March 18, 2008;
r.
U.S. Copyright Registration No. VA 1-902-772 for diamond plaques,

s.
U.S. Copyright Registration No. VA 1-902-773 for prestige stand-up

plaques, which registered on February 18, 2014;
t.
U.S. Copyright Registration No. VA 1-767-936 for icicle stars, which

registered on February 3, 2011;
u.
U.S. Copyright Registration No. VA 1-811-025 for black and gold trophy
columns, which registered on February 17, 2012;
v.
U.S. Copyright Registration No. VA 1-849-589 for sports trophy cup

sculptures, which registered on February 4, 2013;
w.
U.S. Copyright Registration No. VA 1-329-787 for mylars, which

registered on August 30, 2005;
x.
U.S. Copyright Registration No. VAu 676-955 for mylars, which

registered on September 19, 2005; and
{F1617946.9 }
15
y.
U.S. Copyright Registration No. VA 1-349-554 for mylars, which

registered on February 7, 2006.
Copies ofthe Certificates of Registration listed above are attached as Exhibit B.
19. Plaintiff also owns numerous copyright registrations for its annual catalogs, which
cover the awards and other original works shown therein, such as Plaintiffs "price breaks" (as
explained below). Plaintiffs copyright registrations for its catalogs include the following:
a.
U.S. Copyright Registration No. TX 6-116-209 for Plaintiffs 2005
catalog, which registered on February 1, 2005;

b.
U.S. Copyright Registration No. VA 1-677-366 for Plaintiffs 2008

c.

d.

e.

catalog, which registered on February 17, 2012; and
f.
catalog, which registered on February 1, 2013.

Copies ofthe Certificates of Registration listed above are attached as Exhibit C. Plaintiff also
has a pending application to register the copyright in its 2014 catalog, which was filed on April
11, 2014. Copies ofthe 2012 and 2013 catalogs are attached as Exhibit D.
B.
Plaintiff's Product Packaging
20. Formerly, awards and medals were shipped in generic packaging, such as cardboard
boxes. Plaintiff was the first supplier in its industry to offer elegant presentation packaging,
namely satin-lined boxes, an image of which is attached as Exhibit E. Plaintiff is the owner of
all right, title, and interest in and to the trade dress of such packaging. Plaintiffs packaging
{F1617946.9)
16
incorporates several distinct elements that make up the trade dress, including the packaging's
royal blue color, a rectangular box with a satin interior, and Plaintiffs logo printed in gold
(collectively, the "Packaging Trade Dress").
21. By virtue of extensive sales, advertising and promotion, the Packaging Trade Dress
has become instantly recognizable to the public as exclusively denoting Plaintiff. As such, the
Packaging Trade Dress has obtained secondary meaning and is a valuable asset of Plaintiff.
C.
Plaintiffs Product Lines
22. Plaintiffs products are grouped into product lines. Attached as Exhibit F hereto are
images of several of Plaintiff s product lines.

23. By way of example, one ofthe product lines within the medals category is the TwoInch "3D" medal line. This product line was introduced fifteen years ago, with about twenty
medals, and since then Plaintiff has added five to ten medals to the line each year. Today, there
are over 100 medals in this product line. Plaintiff decides which activities and occasions to
include in the product line, often creating medals for activities and occasions that have never
before been represented on medals, such as a 5-kilometer run and a mud run. Once the activity
or occasion is selected, Plaintiff independently designs the artwork on each medal. As a result,
all of these 3D medals are original works created by Plaintiff.
24. Other product lines within the medals category include "double action" medals and
"perimeter" medals, on which the year is repeated around the rim (e.g., 2014 or 2015). There are
also product lines within the other award categories. For example, within the sculptures category
there are numerous product lines, such as a line of cup sculptures, and within the crystal awards
category there are several product lines, such as a line of 3D laser-printed crystal blocks.
25. Plaintiff also creates lines of components that can be added to its products. For
example, it has designed hundreds of Mylar inserts that can be added to the front of medals,
placed on top of trophies, and placed on plaques. It is often the insert that gives an award its
meaning and makes the award unique, differentiating it from other awards. For example, if a
(F1617946.9)
17
child plays sports every year and receives a medal at the end of each season, most likely the key
differentiating component of his or her medal will be the insert, as the insert will show the sport
(soccer, basketball, baseball, etc.) or other activity for which this particular medal was awarded.
Thus, the insert is often the reason for the consumer's purchase ofthe entire medal or award.
26. Plaintiffs collection of inserts is unique in the industry. Plaintiff began designing its
own line of inserts over twenty years ago. The line began with about thirty inserts, and today
includes over 500 styles. Plaintiff decides which activities and occasions to represent on the
inserts, selecting from thousands of possibilities. Plaintiffs design team independently creates
the artwork for the inserts, often researching an activity to determine a design that would appeal
to participants of that activity. For some sports, Plaintiff offers dozens of designs. Plaintiffs
design team also has designed inserts with rhinestones, glitter, or embossing, which no other
awards company had done before Plaintiff.
27. Neck ribbons are another component that Plaintiff designs. Plaintiffs neck ribbons
also can be used with virtually all of its medals. Plaintiffs design team has independently
created numerous original neck ribbon designs, some displaying the year and others showing the
activity.
28. Individual items in all of Plaintiffs product lines are designed for hundreds of
specific activities or occasions, including sports such as baseball, soccer, football, and
gymnastics, non-sports competitions such as baking and chili cooking, academic achievement,
music and dance, and countless others, including such new competitions as mud runs. Plaintiff
even offers an award for an ugly Christmas sweater party. Other items, such as crystal awards,
are initially blank, and are engraved with the achievement intended to be recognized and perhaps
the name ofthe recipient.
29. To create all of these product lines, components, and individual products, Plaintiff
independently selected, coordinated, and arranged a vast number of elements, including
activities, occasions, and competitions, and also selected, coordinated, and arranged the images
or designs used to represent visually each activity, occasion, or competition to be shown on each
(F1617946.9}
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product or component. For example, there are countless ways to represent a judo competition.
Plaintiff chose to represent judo on its two-inch 3D medal by showing one wrestler flipping the
other over his hip, with both wrestlers surrounded by a fan-like pattern, within a circle of stars.
(See illustration in Paragraph 3, above.) Plaintiff is the owner of all right, title, and interest in
and to the copyright in such original selection, coordination, and arrangement of products,
components, and product lines.
30. The selection, coordination, and arrangement in Plaintiffs products, components,
and product lines are covered by the copyright registrations for Plaintiffs catalogs and website,
among others. See Ex. C infra, Ex. H supra.
D.
Plaintiffs Website
31. Plaintiff has independently created the content and design of each iteration of its
website. Plaintiff independently created the look and feel of its website, which is an original
work of authorship. Plaintiff is the owner of all right, title, and interest in and to the copyright in
its website. Attached as Exhibit G hereto are screenshots of several representative pages of
Plaintiffs website, including the homepage and several individual product pages.
32. Plaintiff owns the following copyright registrations for its website:
a.
U.S. Copyright Registration No. TX 5-704-496 for Plaintiffs website,

which registered on April 28, 2013; and
b.
U.S. Copyright Registration No. VA 1-334-708 for Plaintiffs website,

which registered on December 13, 2005.
Copies ofthe Certificates of Registration listed above are attached hereto as Exhibit H. Plaintiff
also has an additional application pending to register the copyright in its website, which was filed
on June 27, 2013.
33. In addition, Plaintiff is the owner of all right, title, and interest in and to the trade
dress of its website. Plaintiffs website incorporates several distinct elements that make up the
trade dress, including:
(F1617946.9)
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a.
a homepage with a header at the top that features Plaintiffs logo and the
categories of products sold by Plaintiff, two keyword search bars (one at
the upper right and one in the left margin), featured products arranged in
four columns, and information about Plaintiff underneath the featured
products;
b.
pages showing a category of awards (such as trophies or medals), each of

which shows the header at the top, underneath which are certain featured
product lines within the category and beneath that the full set of product
lines within the category, which are displayed in four columns, and a
vertical frame on the left side containing links to subcategories within the
category; and
c.
individual product pages with the header at the top, a picture ofthe
product, and the price breaks to the right ofthe product.
Such elements collectively create a particular trade dress that is characteristic of Plaintiff s
website (the "Website Trade Dress").
34. For over a decade and continuing through today, Plaintiff has made widespread and
exclusive use of its Website Trade Dress. Plaintiff has enjoyed enormous success selling
products through its website.
35. As a result of Plaintiff s efforts, the Website Trade Dress has become instantly
recognizable to the public as exclusively denoting Plaintiff. As such, the Website Trade Dress
has obtained secondary meaning and is an enormously valuable asset of Plaintiff. Except for
Defendants' infringing design, Plaintiffs competitors do not use this trade dress. Except for
Defendants' unlawful copy, the Website Trade Dress is unique to Plaintiff.
E.
Plaintiffs Trophy Builder and Engraving Engine
36. Plaintiff offers customers various options to customize their awards. For example, a
customer can build his or her own trophy, choosing the preferred base, column, and figurine or
(F1617946.9 )
20
insert to top the trophy. Customers also can engrave their awards with personalized text (e.g.,
with the name ofthe award's recipient or the name and year of an event). When such
customization is done on Plaintiffs website, it is done through two unique web-based programs
developed by Plaintiff: the Trophy Builder and the Engraving Engine.
37. The Trophy Builder assists customers with selecting the component parts of awards.
Although the name implies that it is meant for customizing trophies, the Trophy Builder works
for all types of awards. As the customer selects the different parts ofthe award, an onscreen
image ofthe award updates to show the customer's choices. Thus, a customer can see what his
or her customized award will look like before it is assembled by Plaintiff, a feature that is unique
to Plaintiff. Attached as Exhibit I hereto are screenshots from Plaintiffs website demonstrating
how the Trophy Builder program works for several types of awards.
38. As shown in Exhibit I, the Trophy Builder involves several steps. For example,
when using the Trophy Builder to create a customized trophy, the customer first picks a trophy
style, which brings the customer to the product page for that trophy style. Then the customer
selects the size ofthe trophy, which causes several drop-down boxes to appear. The first drop
down box requires the customer to select an activity or occasion, such as a sport, hobby, or
holiday. The activity or occasion chosen will determine the contents ofthe next drop-down box,
which the customer uses to pick a figurine or insert to top the trophy. So, if a customer chooses
soccer as the activity, the next drop-down box will contain a number of soccer-related figurines
or inserts, such as a soccer ball or a man or woman kicking a soccer ball, among others. But if a
customer selects track and field as the activity, he or she will be presented with figurines or
inserts that relate to track and field. Once the figurine or insert is selected, it is shown in the
product's image. Next the customer picks the column color, which also appears in the product's
image. Finally, the customer selects the base color. Once these steps are completed, the final
product is shown in the product's image.
39. Plaintiff has independently created the overall look and feel ofthe Trophy Builder,
which is an original work of authorship, involving the selection, coordination and arrangement of
{F1617946.9 }
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numerous elements. As such, Plaintiff is the owner of all right, title, and interest in and to the
copyright in the Trophy Builder.
40. The Trophy Builder is the subject of U.S. Copyright Registration No. TX 6-415-744,
owned by Plaintiff and which registered on December 13, 2005. A copy ofthe Certificate of
Registration is attached hereto as Exhibit J. Plaintiff has an additional application pending to
register the copyright in its Trophy Builder, which was filed on December 30, 2014. The Trophy
Builder is also subject to Plaintiffs copyright registrations for its website. See Ex. H.
41. The Engraving Engine facilitates the customization of text on awards. Like the
Trophy Builder, the Engraving Engine lets the customer see how the engraved text will appear
on the product before it is actually engraved by Plaintiff. Attached as Exhibit K are screenshots
from Plaintiffs website showing the various steps ofthe Engraving Engine for several types of
awards.
42. Before entering the Engraving Engine, the customer indicates whether each award
should have the same text or different text (e.g., engrave each award with a different recipient's
name). Then the customer clicks the blue Engraving Engine button on the product page, which
causes the Engraving Engine to appear in a pop-up screen.
43. The customer then types in his or her desired text. If the customer chose to have
different text on each award, he or she will indicate for each line whether it should appear on all
ofthe awards or just that particular one. For example, the customer might want to put "State
Championship" and "New York" on the first two lines of each award, but engrave different text
on the third line of each award, such as "First Place," "Second Place," and "Third Place." The
Engraving Engine does not require a customer to separately type the repeating lines for each
award. Further, for some products, the Engraving Engine allows the customer to select the size
ofthe text (small, medium, or large) and elect whether to insert an ornament instead of text on a
specific line.
44. Plaintiff has independently created the look and feel ofthe Engraving Engine, which
is an original work of authorship, involving the selection, coordination and arrangement of
(F1617946.9}
22
numerous elements. As such, Plaintiff is the owner of all right, title, and interest in and to the
copyright in the Engraving Engine.
45. The Engraving Engine is the subject of U.S. Copyright Registration No. TX 6-415-
745, owned by Plaintiff and which registered on December 13, 2005. A copy ofthe Certificate of
Registration is attached hereto as Exhibit L. Plaintiff has an additional application pending to
register the copyright in its Engraving Engine, which was filed on December 30, 2014. The
Engraving Engine is also subject to Plaintiffs copyright registrations for its website. See Ex. H.
46. The look and feel ofthe Trophy Builder and Engraving Engine are unique to
Plaintiff. There are many ways for companies to present their customization options to
consumers. Thus, while many of Plaintiff s competitors offer customized awards, none - except
for Defendant's unlawful copies - use designs that are the same as or substantially similar to
Plaintiffs designs.
F.
Plaintiffs Presentation ofIts Pricing Policies
47. The price of Plaintiff s awards depends on how many units the consumer purchases;
the unit price decreases if more awards are purchased. The number of units at which the price
decreases is referred to as a "price break." Plaintiff has different price breaks for different types
of awards. For example, Plaintiffs 2014 catalog offered eight prices breaks for medals (at 1, 10,
50, 100, 300, 500, 750, and 1,000 units), five price breaks for trophies (at 1,10, 50, 100, and 250
units), and four price breaks for crystal awards (at 1,10, 50, and 100 units). For each of these
awards, the price per unit is lower if the consumer buys 60 units instead of 40 units, and even
lower if the customer buys 120 units instead of 60. Plaintiff invested much time and effort in
determining suitable price breaks and how to present such price breaks to customers.
48. Plaintiffs pricing structure has other characteristics as well. It offers certain features
at no cost, such as a free logo on crystal and acrylic awards if the customer orders more than
twenty-five units and free engraving of forty characters on trophies and plaques, with additional
characters costing 10 cents per character on trophies and 25 cents per character on plaques. But
(F1617946.9)
23
the first forty characters are not free on all types of awards. For example, it costs 50 cents per
medal to engrave the same text on each medal, and 75 cents per medal to engrave different text
on each medal.
49. To create its pricing structure, Plaintiff has independently selected, coordinated, and
arranged its price breaks with the per unit prices. Moreover, Plaintiff has independently created
the look and feel of those portions of its catalogues and website that present Plaintiffs price
breaks and other pricing policies. As such, Plaintiff is the owner of all right, title, and interest in
and to the copyright in the design of its price break presentations. Attached as Exhibit M are
examples of how Plaintiff compiles and presents its price breaks to consumers.
50. The selection, coordination, and arrangement in Plaintiffs price breaks, as well as
the overall look and feel of its presentation of its pricing information, are covered by the
copyright registrations for Plaintiffs catalogs and website. See Exs. C, H, infra.
G.
Plaintiffs CROWN AWARDS Trademark
51. Plaintiff has been using the CROWN AWARDS name and mark since its founding
in 1978.
52. Plaintiff extensively advertises and promotes its CROWN AWARDS mark. Plaintiff
has achieved great commercial success under the CROWN AWARD mark over the last several
decades.
53. In addition to Plaintiffs extensive and strong common law rights in the CROWN
AWARDS trademark that have resulted from this use, Plaintiff owns the following U.S.
trademark registrations for the mark CROWN AWARDS: U.S. Registration No. 2,663,903 for
use in connection with "custom design and printing of trophies, medals, plaques, ribbons, awards
and desk sets for others" in International Class 42, which issued on December 17, 2002, and is
based on a first use in commerce on January 1, 2001; and U.S. Registration No. 2,586,186 for
"mail order retailing services and electronic retailing services via computer featuring trophies,
(F1617946.9)
24
medals, plaques, ribbons, awards and personalized desk sets" in International Class 35, which
issued on June 25, 2002, and is based on a first use in commerce on January 1, 2001.
54. Printouts detailing the registration information for the above marks are attached
hereto as Exhibit N. These registrations are all valid, subsisting, and in full force and effect.
Moreover, the above registrations have become incontestable under Section 15 ofthe Lanham
Act, 15 U.S.C. 1065, and serve as conclusive evidence ofthe validity ofthe registered marks,
ofthe registration ofthe marks, and of Plaintiff s exclusive right to use the marks in commerce
on or in connection with the products for which the marks are registered, as provided by Section
33(b) ofthe Lanham Act, 15 U.S.C. 1115(b).
II.
Defendants and Their Unlawful Conduct
A.
Defendants' Business Model is Based on Copying Plaintiff
55. Defendants own and operate Trophy Depot, which supplies awards for various
activities and occasions. Like Plaintiff, Defendants offer their awards for sale through their
website, located at www.trophydepot.com, and their print catalog.
56. On information and belief, Trophy Depot does not have a design department.
Instead, Defendants copy Plaintiffs product designs and product lines to create awards and
product lines that are substantially similar to Plaintiffs original works. Further, Defendants have
modeled their website, including their designs for building customized awards and engraving
personalized text, on Plaintiffs website. As a result, Defendants' website has the same overall
look and feel as Plaintiffs original, copyrighted website.
57. That Defendants do not design their own awards is confirmed by Defendant Becker,
who is Trophy Depot's "Creative Director." Mr. Becker states on his resume that he manages
"product additions or removal using competitive research." See Howard Becker's resume on
www.indeed.com, attached hereto as Exhibit O.
58. Defendants are not ignorant ofthe unlawfulness of their conduct. Plaintiff
previously brought a lawsuit against Defendants for, interalia, copyright infringement of
(F1617946.9)
25
Plaintiffs catalogs, and earlier versions of its website and advertising materials. Crown Awards
Inc. v. James Engravers, Ltd., Civil Action No. 03-2448 (E.D.N.Y 2005). In addition to granting
Plaintiff a preliminary injunction concerning copyright infringement of Plaintiff s catalog, in

which the Court called Defendants' conduct "disturbing," the court entered a final judgment on
consent, which made the injunction permanent, and ordered Defendants to pay plaintiff
$430,000! See Consent Judgment, attached hereto as Exhibit P.

B.
Defendants' Infringing A ctivity and False A dvertising
59. Defendants' infringing conduct is far more pervasive than that at issue in the prior
lawsuit. This time, Defendants are infringing Plaintiffs copyrights in the designs in Plaintiffs
awards, the selection, arrangement, and coordination in Plaintiffs product lines, the overall look
and feel of Plaintiff s Trophy Builder and Engraving Engine as well as the overall website,
Plaintiffs price breaks, and Plaintiffs Packaging Trade Dress. In addition, they are falsely
advertising that they offer "Same-day Shipping," and are using Plaintiffs trademark as a paid
keyword.
1.
Defendants' Infringing Awards

60. Defendants have willfully manufactured, offered for sale, and sold thousands of
awards that are substantially similar, if not identical, to Plaintiffs copyrighted awards. In
addition, Defendants have copied many of Plaintiff s inserts and neck ribbons as well. Thus,
even when Defendants sell a trophy that is not copied from one of Plaintiff s trophies, they will
likely combine it with an infringing insert or neck ribbon, making the entire product an
infringing copy. Defendants have intentionally engaged in such copying of Plaintiff s protected
designs in its awards, inserts, and neck ribbons.
61. Defendants' copying has become so common that nearly every time Plaintiff
introduces a new award, Defendants start selling a substantially similar award shortly thereafter.
Defendants appear to be constantly monitoring Plaintiffs website for new products to copy. For
example, Plaintiff was the first company to offer medals that print the words "GOLD,"
{F1617946.9 |
26
"SILVER," and "BRONZE" on medals of those colors. No sooner had Plaintiff added those
products than Defendants offered infringing copies:

62. As another example, the design on Plaintiffs mud run medal is a muddy footprint,
with brown paint used for the mud. This is the first medal in Plaintiffs Two-Inch 3D medal
product line with added color. Defendants immediately followed suit, also using brown paint in
a product line that otherwise has no color. Further, there are countless ways to represent a mud
run; that Defendants also use a muddy footprint is telling.
63. Finally, no sooner had Plaintiff added a medal for an "Ugly Christmas Sweater
party" than Defendant's added a product for an "Ugly Christmas Sweater," as follows:
(F16I7946.9 1
27
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64. Defendant's copying is not limited to these medals and inserts. As shown below and
in the attached exhibits, Defendant' copying extends to all types of awards, inserts, and neck
ribbons. For example, Plaintiff has long offered Two-Inch 3D medals for a wide variety of
activities and occasions, and just recently Defendants began offering nearly identical Two-Inch
3D medals for the same activities and occasions. Below are several examples of Plaintiff s TwoInch 3D medals next to Defendants' infringing medals:
j mm A
28
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29
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65. As is apparent from these images, Defendants' medals are substantially similar to
Plaintiffs medals. For example, both ofthe 5-kilometer race medals consist of a shoe with
wings and the text "5K," which are encircled by a decorative rim. Moreover, on both 5-
kilometer race medals certain parts ofthe design extend beyond the medals' borders. The judo
medals are also disconcertingly similar. Both show two men in the same judo pose on top of a
fan-shaped background, surrounded by stars. In fact, Defendant's image ofthe men is identical
to Plaintiffs image; the only difference is that Defendant's image has been reversed. And the
twirling medals are virtually identicalboth have the term "Twirling" across the bottom ofthe
medal and batons radiating from a central point in the medal.
66. All of Plaintiff s Two-Inch 3D medals were offered for sale before Defendants
began offering their copies for sale. In addition, Defendants' entire line of Two-Inch 3D medals
consists of copies. In other words, Defendants do not offer for sale a single Two-Inch 3D medal
that is not a copy of one of Plaintiff s medals. This is remarkable evidence of Defendants'
intentional copying.
67. Other medals offered by Defendants also are substantially similar to those offered by
Plaintiff. For example, the perimeter and double action medals, as shown below:
(F1617946.9 }
33
A* Pr>
Pioi:
(F1617946.9 1
34
68. As further example of Defendants' willful and blatant copying, shown below are
trophy cups offered by both Plaintiff and Defendants:
69. The cups on both Plaintiffs and Defendant's trophies are identical: parallel grooves
encircle the cup underneath a wavy rim, with S-shaped handles that have similar design details.
The bases also are the same. In addition, each sport is represented by the same sculptureboth
soccer cups are adorned with a cleated shoe resting against a soccer ball, and both basketball
cups are adorned with a basketball next to a hoop.
(F1617946.9)
35
70. Another example is Defendants' 3D laser crystal blocks, which are nearly identical
to the 3D laser crystal blocks offered by Plaintiff:
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36
I .
71. The similarities between Plaintiffs and Defendants' awards do not end there. Like
Plaintiff, Defendants offer inserts for use in connection with many different types of awards,
such as trophies, medals, and plaques. Many of Defendants' inserts are substantially similar to
Plaintiffs inserts, as shown below:
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38
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41
72. Finally, many of Defendants' medal neck ribbons are substantially similar to those
designed, created, and copyrighted by Plaintiff. Each of Defendants' neck ribbons can be
attached to any of its medals. Thus, Defendants' infringing neck ribbons can be paired with any
ofthe medals that Defendants offer for sale. One example of Defendants' blatant copying of
Plaintiffs neck ribbon is their year neck ribbon. In 2014, Plaintiff released a new neck ribbon,
which displayed the year vertically, as shown below. Prior to 2014, Plaintiff, like every other
awards retailer, including Defendants, displayed the year horizontally on its neck ribbons. This
year, however, Defendants released a new neck ribbon with the year displayed vertically, as
shown below. Defendants immediately copied Plaintiffs protected neck ribbon.
{F1617946.9 )
42
73. Defendants' copying of other neck ribbons of Plaintiff is shown below:

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43
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74. The above are just several examples of Defendants' practice of intentionally copying
Plaintiffs protected awards, inserts, and ribbons, and manufacturing and offering for sale such
copies in violation of Plaintiff s exclusive rights under the copyright law. Attached as Exhibit Q
are more examples of Plaintiff s awards, inserts, and ribbons shown side-by-side with
Defendants' infringing awards, inserts, and neck ribbons.
2.
Defendants' Infringing Product Lines

75.
Defendants have offered for sale and sold product lines that reflect a selection,
coordination, and arrangement that is substantially similar to Plaintiffs. Defendants have

intentionally copied Plaintiffs selection, coordination, and arrangement in its product lines.
76. For example, both Plaintiff and Defendants offer a line of 3D laser crystal blocks, as
shown below:
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46
Plaintiffs Copyrighted Line
VH
Defendants' Infringing Line
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77. Defendants have selected the same activities for their 3D laser crystal product line as
Plaintiff. Moreover, Defendants use an image for each activity that is substantially similar to the
image used by Plaintiff for the same activity. Thus, this copying represents the exact same
selection, coordination and arrangement as on Plaintiffs website and is conclusive evidence of
willful infringement.
78. Defendants also have copied Plaintiffs crystal awards. Plaintiffs crystal awards
come in various shapes, all of which were selected, coordinated, and arranged by Plaintiff to
(F1617946.9!
47
create the crystal product line. As shown below, ofthe thousands of shapes available,
Defendants offer for sale a crystal product line that uses the same shapes as Plaintiffs line:
Plaintiffs Copyrighted Line
Defendants' Infringing Line
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48
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49
79. These are just some examples ofthe substantial similarity resulting from
Defendants' willful copying of Plaintiff s selection, coordination, and arrangement in its product
lines. Attached as Exhibit R are more examples of Plaintiff s protected product lines shown
side-by-side with Defendants' infringing product lines.
3.
Defendants' Infringing Website
80. The overall look and feel of Defendants' website is substantially similar to that of
Plaintiffs website. Moreover, Defendants' website incorporates the elements that make up
Plaintiffs Website Trade Dress, thereby making consumer confusion likely. Attached as Exhibit
S hereto are several pages from Plaintiffs website side-by-side with the equivalent pages from
Defendants' website.
81. As shown in Exhibit S, the similarities between the websites can been seen on many
pages, including the homepages, the pages showing a category of awards (such as trophies or
medals), the individual product pages, the "About Us" pages, the catalog order form pages, the
policy pages, and the pages showing the various activities and occasions for which awards can be
purchased. For example, just as Plaintiff uses two search boxes in on its website (one at the top
right and the other below the first at the left margin), Defendants use two search boxes on their
website (one at the top right and the other below the first on the left.) There is no need for a
website to have two search boxes on the home page and few other websites have two.
Defendants appear to have used two search boxes simply because they slavishly copy whatever
Plaintiff does.
82. Similarly, Defendants' home page shows its main categories of products in four
columns, just like Plaintiffs home page. And when the customer clicks on one of those product
categories on either website, the customer is taken to a page that shows the individual products in
the category in a nearly identical four-column array, and both websites have links to product
subcategories in the left margin. The similarities are so close that, if the customer has both web
{F1617946.9 |
50
pages open at the same time, it is hard to tell which one the customer is looking at any given
moment.
83. There are numerous other similarities in the text on the website. For example,
Plaintiffs history on its website has a photograph of its facility and says, "Crown Awards is
America's leading supplier of awards for corporate businesses and youth sports. Founded by
Chuck Weisenfeld in 1978, Crown started as from a single store front operation in Brooklyn,
New York and blossomed into the largest retailer of awards in the country... . Crown started its
business as a small trophy shop and has grown to our current 250,000 square foot facility in
Hawthorne, New York." Copying that, Defendants include a photograph of their facility and the
following statements, "From our humble beginnings as a small trophy shop in Queens, NY to
one ofthe largest trophy & award suppliers in the world.... 2011: Trophy Depot expands and
Moves again to Edgewood, NY to a beautiful 51,000 sq. ft. facility, with a staff of over 120
people."
84. These similarities between the parties' respective websites are the result of
Defendants' intentional copying of Plaintiff s website.
4.
Defendants' Infringing Customization Programs
85. Plaintiffs Trophy Builder and Engraving Engine are unique to Plaintiff. While
many of Plaintiffs competitors also offer customization options, none, except Defendants,
present and display their customization programs using the same visual design for the user
interface. The unique look and feel ofthe Trophy Builder and Engraving Engine is the result of
Plaintiffs investment of time and resources into their development. A team of employees with
knowledge of website and database development determined what type of user interfaces would
provide the customer with an easy and positive experience customizing awards on Plaintiffs
website, and then that team set out to create such designs.
86. Defendants, like Plaintiff, provide customers the option of building their own awards
and engraving personalized text onto awards. The overall look and feel of Defendants' awards
51
builder and engraving programs is substantially similar to that of Plaintiff s Trophy Builder and
Engraving Engine, respectively. Attached as Exhibit T are pages showing Plaintiffs Trophy
Builder and Engraving Engine side-by-side with Defendants' infringing customization user
interface. As shown in this exhibit, a customer who uses Defendants' customization program
encounters the same user interface as a customer who uses Plaintiffs Trophy Builder and
Engraving Engine.
87. Defendants intentionally copied Plaintiffs Trophy Builder and Engraving Engine.
Such copying allowed Defendants to freeload off of Plaintiff by saving time, money, and effort
in developing their own customization designs.

5.
Defendants' Use ofIdentical Price Break Displays

88. Attached as Exhibit U are pages showing Plaintiffs 2014 and 2015 price breaks
compared with Defendants' 2014 and 2015 price breaks. As shown in this exhibit, Defendants
display price breaks and prices per unit within each break that are virtually identical to the
designs created by Plaintiff. Thus, Defendants' selection, coordination, and arrangement of its
price breaks and prices, as well as the overall look and feel of their presentation, are substantially
similar to the look and feel of Plaintiff s displays.
89. Defendants intentionally copied the selection, coordination, and arrangement of
Plaintiffs price breaks and the overall look and feel of Plaintiff s presentation of its pricing
information. As evidence of such intentional copying, on January 15, 2015, Plaintiff updated its
price breaks, and shortly thereafter, Defendants came out with the same revised price breaks.
See Ex. U (2015 price breaks).
6.
Defendants' Infringing Blue Packaging

90. Like Plaintiff, Defendants' awards are packaged in blue boxes. Attached as Exhibit
V are images showing Plaintiffs presentation packaging and Defendants' presentation packaging
side-by-side. As shown in these images, Defendants' packaging incorporates all ofthe elements
{F1617946.9 |
52
of Plaintiffs Packaging Trade Dressboth rectangular boxes are royal blue with a satin interior,
and the companies' logos are printed in gold on both.
91. Such similarities are the result of a deliberate attempt by Defendants to attract
customers by using the goodwill in Plaintiffs Packaging Trade Dress.

7.
Defendants' False Advertising

92. Defendants prominently advertise on their website that they offer "Same-day
Shipping" on engraved trophies and medals if such awards are ordered before 4:00 P.M. on
business days. See homepage of Defendants' website showing same-day shipping

advertisement, attached hereto as Exhibit W. Buried within Defendants' website, however, is
fine-print text that states that same-day shipping is not available in April, May, June, or October.
See screenshot of Defendants' website showing shipping policies, attached hereto as Exhibit X.
Defendants do not remove the same-day shipping advertisement from their website during those
months. Attached as Exhibit Y hereto is a screenshot from Defendants' website showing the
same-day shipping advertisement prominently featured on their website in June, one ofthe
months in which same-day shipping is not offered. Thus, the "Same-Day Shipping" claim is
blatantly false.
93. Plaintiff has an interest in making sure that consumers are not deceived as to
Defendants' ability to provide same-day shipping. As a result of Defendants' misrepresentation

that they offer "Same-day Shipping," consumers are more likely to purchase awards from
Defendants than if Defendants did not claim to offer that benefit to consumers.
94. Plaintiff has invested heavily in being able to offer same-day shipping to its
customers. Efforts taken by Plaintiff include building a large warehouse, carrying massive
inventories, and hiring many employees to fulfill orders, all of which have required exerting
significant time and resources.
95. The only reason that Defendants claim to offer same-day shipping is that Plaintiff
offers it. Defendants added the same-day shipping advertisement to their site immediately after
{FI617946.9)
53
Plaintiff began to advertise it. Thus, Defendants' misrepresentation is a deliberately deceptive
attempt to misrepresent their ability to provide same-day shipping to compete unfairly with
Plaintiff.
96. Defendants' conduct is intended to mislead consumers. Defendants lure consumers
to their site on the promise of same-day shipping when they know that they are not able to
deliver on such a promise. In fact, Defendants even allow customers to place orders for
thousands of pieces of obscure items, promising same-day shipping on such obscure items,
despite having knowledge that they could not possibly provide same-day shipping on these
products because they do not have them in stock. On information and belief, Defendants call
such customers the next day informing them that the promised same-day shipping cannot be
honored. Such bait-and-switch tactics are misleading to consumers.
8.
Defendants' Use of "CrownAwards " as Keyword

97. On information and belief, Defendants have purchased "Crown Awards" as a
keyword on Google's search engine. As a result, a Google search for "Crown Awards" yields a
paid advertisement for Trophy Depot. See Exhibit Z attached hereto, showing paid
advertisement for Trophy Depot resulting from Google search for "Crown Awards."
98. On information and belief, Defendants have purchased the "Crown Awards"
keyword to confuse and deceive consumers about the affiliation, connection, or association
between Defendants and Plaintiff, or as to Plaintiffs sponsorship or approval of Defendants'

goods, services, or commercial activities.
*
99. The conduct described in the Complaint amounts to copying of every aspect of
Plaintiffs business. Defendants have copied entire lines of products, individual product and
component designs, the selection, coordination, and arrangement of products on the website, the
display of pricing ofthe products, and the look and feel ofthe website pages that allow the
products to be designed (Trophy Builder) and customized (Engraving Engine). Indeed, a
(F1617946.9)
54
customer cannot order an award from Defendants without encountering an infringing aspect of
Defendants' business. As a result, the only way for these recidivist Defendants to stop their
infringing conduct is to redesign their entire business, including their website, from scratch, and
stop selling all their infringing products.
FIRST CLAIM FOR RELIEF
COPYRIGHT INFRINGEMENT IN VIOLATION OF 17 U.S.C. 106
100. Plaintiff repeats and incorporates herein by reference each ofthe foregoing
allegations.
101. Plaintiffs awards, product lines, catalog, website, and Trophy Builder and
Engraving Engine programs (collectively, the "Copyrighted Works") are original and creative
works of Plaintiff. Plaintiff is the owner of all right, title, and interest in and to the copyright in
the Copyrighted Works and own the copyrights registrations for the same.
102. Defendants, without Plaintiffs authorization or consent, have willfully

manufactured, displayed, advertised, reproduced, distributed, imported, offered for sale, and sold
products incorporating designs that were copied from and are substantially similar to Plaintiffs
awards.
103. Defendants, without Plaintiffs authorization or consent, have willfully

manufactured, displayed, advertised, reproduced, distributed, imported, offered for sale, and sold
product lines incorporating a selection, coordination, and arrangement of elements that was
copied from and is substantially similar to the selection, coordination, and arrangement reflected
in Plaintiffs product lines.
104. Defendants, without Plaintiffs authorization or consent, have displayed, advertised,

and reproduced the design and content of Plaintiffs website, including the Trophy Builder and
Engraving Engine. As such, Defendants' website has the same overall look and feel as
Plaintiffs website, and reflects the same selection, coordination and arrangement of elements as
Plaintiffs website, including the Trophy Builder and Engraving Engine.
(FI617946.9 1
55
105. Defendants thereby have violated and, on information and belief, continue to
violate, Plaintiffs exclusive rights in the Copyrighted Works under Section 106 ofthe Copyright
Act, 17 U.S.C. 106, in violation of Section 501 ofthe Copyright Act, 17 U.S.C. 501.
106. On information and belief, Defendants' aforesaid conduct has been undertaken
knowingly, willfully, and in bad faith.

107. Defendants' infringement of Plaintiff s exclusive rights in the Copyrighted Works
has enabled Defendants to profit illegally therefrom.
108. Defendants' copyright infringement has caused, and unless enjoined by this Court,
will continue to cause, Plaintiff to sustain irreparable damage, loss, and injury, for which
Plaintiff has no adequate remedy at law.
SECOND CLAIM FOR RELIEF:
TRADE DRESS INFRINGEMENT
IN VIOLATION OF 15 U.S.C. 1125(a)
allegations.
110. Plaintiffs Website Trade Dress is used in commerce, is non-functional, and is
inherently distinctive or has acquired secondary meaning as the indicator of Plaintiff as the
exclusive source of products containing or incorporating such design.
111. Defendants have adopted the Website Trade Dress and have, without Plaintiffs
authorization or consent, used the Website Trade Dress or designs that are confusingly similar
thereto on Defendants' own website.
112. Plaintiffs Packaging Trade Dress is used in commerce, is non-functional, and is
inherently distinctive or has acquired secondary meaning as the indicator of Plaintiff as the
exclusive source of products containing or incorporating such design.
113. Defendants have adopted the Packaging Trade Dress and have, without Plaintiffs
authorization or consent, used the Packaging Trade Dress or designs that are confusingly similar
thereto on Defendants' own packaging.
{F1617946.9)
56
114. Defendants' conduct is likely to cause confusion, cause mistake, or deceive as to the
affiliation, connection, or association between Defendants and Plaintiff, or as to Plaintiffs
sponsorship or approval of Defendants' goods, services, or commercial activities.

115. As a result ofthe foregoing, Defendants have falsely designated the origin of their
website, all in violation of Section 43(a) ofthe Lanham Act, 15 U.S.C. 1125(a).
116. On information and belief, Defendants' aforesaid conduct has been undertaken
knowingly, willfully, and in bad faith.

117. Defendants' aforesaid conduct has caused, and unless enjoined by this Court, will
continue to cause, Plaintiff to sustain irreparable damage, loss, and injury, for which Plaintiff has
no adequate remedy at law.
THIRD CLAIM FOR RELIEF:
TRADEMARK INFRINGEMENT IN VIOLATION OF 15 U.S.C. 1114(1)
allegations.
119. Over many years of extensive use in connection with the sale of awards, Plaintiffs
federally registered CROWN AWARDS mark has become well-known in the industry
nationwide. Plaintiff has established a strong reputation and substantial goodwill by reason of its
success and reputation.
120. Defendants' actions described above, including its use of CROWN AWARDS as a
Google keyword, are likely to cause confusion and mistake and to deceive consumers into
believing that Defendants' goods and services are provided, authorized, endorsed, or sponsored
by Plaintiff, thereby damaging Plaintiffs reputation, goodwill, and sales.
121. Defendants' conduct described herein is willful and violates Section 32(1) ofthe
Lanham Act, 15 U.S.C. 1114(1).
(F1617946.9)
57
FOURTH CLAIM FOR RELIEF:
FALSE ADVERTISING IN VIOLATION OF 15 U.S.C. 1125(a)(1)(B)
allegations.
124. Defendants advertise on their website that they offer "Same-day Shipping," but they
in fact do not offer same-day shipping at least four months out ofthe year.
125. Defendants' representation all year round that they offer "Same-day Shipping" is a
false and misleading description of fact and a false and misleading representation of facts in
commercial advertising or promotion that misrepresents the nature, characteristics, or qualities of
Defendants' products, services, and commercial activities.
126. On information and belief, Defendants made this false and misleading
representation of fact to lure consumers to Defendants' Website.

127. Defendants have placed both their false and deceptive advertising and the goods
sold as a result of such deceptive advertising in interstate commerce and into this district.
128. Defendants' conduct described herein is willful and violates Section 43(a)(1)(B) of
the Lanham Act, 15 U.S.C. 1125(a)(1)(B).
130. Defendants' conduct as described herein is also harming the public.
FIFTH CLAIM FOR RELIEF:
COMMON LAW TRADE DRESS INFRINGEMENT
allegations.
132. Defendants' aforesaid conduct constitutes common law trade dress infringement
under the common law ofthe State of New York.
{F1617946.9J
58
133. Defendants' aforesaid conduct of common law trade dress infringement has caused,
and unless enjoined by this Court, will continue to cause, Plaintiff to sustain irreparable damage,
loss, and injury, for which Plaintiff has no adequate remedy at law.
SIXTH CLAIM FOR RELIEF:
COMMON LAW UNFAIR COMPETITION
allegations.
135. Defendants' aforesaid conduct constitutes common law unfair competition with
Plaintiff under the common law ofthe State of New York.
136. Defendants' aforesaid conduct of common law unfair competition has caused, and
unless enjoined by this Court, will continue to cause, Plaintiff to sustain irreparable damage, loss,
and injury, for which Plaintiff has no adequate remedy at law.
SEVENTH CLAIM FOR RELIEF:
DECEPTIVE TRADE PRACTICES
IN VIOLATION OF NEW YORK GENERAL BUSINESS LAW 349
allegations.
138. By reason ofthe acts set forth above, Defendants have been and are engaged in
deceptive acts or practices in the conduct of a business, trade, or commerce, in violation of
Section 349 ofthe New York General Business Law.
139. On information and belief, through such deceptive acts, Defendants have engaged
in consumer-oriented conduct that has affected the public interest of New York and has resulted
in injury to consumers and harm to the public in the state of New York.
140. On information and belief, Defendants' conduct is willful and in knowing disregard
of Plaintiff s rights.
(F1617946.9)
59
WHEREFORE, Plaintiff demands judgment as follows:

1. That a permanent injunction be issued enjoining Defendants, any of their respective
officers, agents, privies, shareholders, principals, directors, licensees, attorneys, servants,
employees, affiliates, subsidiaries, successors, and assigns, and all those persons in concert or
participation with any of them who receive actual notice ofthe order by personal service or
otherwise, from:
(a)
infringing any of Plaintiff s copyrights, including, without limitation, by
manufacturing, reproducing, importing, distributing, displaying, advertising, promoting, offering

for sale, selling, distributing, importing, or exporting any infringing works, or by operating any
website or customization program that is substantially similar in overall look and feel to the
website and customization programs of Plaintiff or that copy Plaintiffs selection, arrangement,
and coordination of products, displays and other elements;
(b)
imitating, copying, or making unauthorized use ofthe Website Trade Dress and
Packaging Trade Dress, including, without limitation, by reproducing, importing, displaying,

advertising, or promoting any website or packaging bearing the Website Trade Dress or
Packaging Trade Dress, respectively, or any other design that is confusingly similar to the
Website Trade Dress or Packaging Trade Dress;
(c)
using any false designation of origin or false description or performing any act
that can or is likely to lead members ofthe trade or public to believe that Defendants are
associated with Plaintiff or that any product manufactured, distributed, advertised, displayed,
promoted, offered for sale, sold, imported, or exported by Defendants is in any manner
associated or connected with Plaintiff, or is authorized, licensed, sponsored, or otherwise
approved by Plaintiff;
(F1617946.9 )
60
(d)
infringing the CROWN AWARDS mark, including but not limited to use as a
keyword for advertising;
(e)
using the CROWN AWARDS mark, or any derivation or colorable imitation
thereof, or any name or mark that is confusingly similar to the CROWN AWARDS mark, on or
in connection with Defendants' goods or services;
(f)
using any false or misleading representations of fact, or performing any act, which
can, or is likely to, lead members ofthe trade or public to hold false beliefs concerning the
nature, qualities, or characteristics of Defendants' goods or services;
(g)
engaging in any other activity constituting unfair competition with Plaintiff or
false advertising, or constituting an infringement of Plaintiff s copyrights or trade dresses; and

(h)
assisting, aiding, or abetting any other person or business entity in engaging in or
performing any ofthe activities referred to in subparagraphs (a) through (g) above or taking any
action that contributes to any ofthe activities referred to in subparagraphs (a) through (g) above.
2. Directing that Defendants turn over to Plaintiff for impoundment and eventual
destruction or other disposition, without compensation to Defendants, all materials in their
possession or control that violate the provisions of paragraphs l(a)-(h) above, along with all
articles by means of which such unauthorized copies may be reproduced.

3. Directing that Defendants, at their own expense, recall from any distributors, retailers,
vendors, or others to whom it has distributed materials that violate the provisions of paragraph
l(a)-(h) above, and that Defendants deliver up to Plaintiff for destruction or other disposition all
materials returned to them.
4. Directing that Defendants, pursuant to 15 U.S.C. 1116(a), file with the Court and
serve upon Plaintiff, within thirty (30) days ofthe entry of injunction prayed for herein, a written
report under oath or affirmed under penalty of perjury setting forth in detail the form and manner
in which it has complied with the permanent injunction.
IF1617946.9 )
61
5. That Plaintiff be awarded monetary relief, including Defendants' profits, as provided

by 17 U.S.C. 504(b), or statuary damages as Plaintiff may elect as provided by 17 U.S.C.
504(c).
6. That Plaintiff be awarded monetary relief, including Defendants' profits, trebled or

increased as provided by 15 U.S.C. 1117(a); and punitive, exemplary or enhanced damages as
provided for under applicable law.
7. Granting Plaintiff its full costs, including, as part of such costs, reasonable attorneys'
fees pursuant to 15 U.S.C. 1117 and/or 17 U.S.C. 505;
8. That Plaintiff be awarded interest, including pre-judgment interest, on the foregoing
sums.
9. That Plaintiff be awarded such other and further relief as the Court may deem just and
proper.
Dated: February 18, 2015
AjttLAîUL,JUL.
By_
Lichard Lehv
Emily Weiss
866 United Nations Plaza
New York, New York 10017

Tel: (212) 813-5900
rlehv@frosszelnick. com
eweiss@frosszelnick.com
Attorneysfor Plaintiff
{F1617946.9)
62
EXHIBIT A
CUT OUT STAR RIM MEDAL

HOLDS 2" INSERT
YEARLY BLANK MEDAL
YEARLY BLANK MEDAL
FOOTBALL INSERT MEDAL

HOLDS 2" INSERT
GYM INSERT MEDAL

HOLDS 2" INSERT
BASKETBALL INSERT MEDAL

HOLDS 2" INSERT
BASEBALL INSERT MEDAL

HOLDS 2" INSERT
CHEER INSERT MEDAL

HOLDS 2" INSERT
SOCCER INSERT MEDAL

HOLDS 2" INSERT
TRACK INSERT MEDAL

HOLDS 2" INSERT
WRESTLING INSERT MEDAL

HOLDS 2" INSERT
5K 2" 3D MEDALS
GOLD, SILVER, BRONZE 2" 3D MEDALS
HIP HOP 2" 3D MEDALS
MUD RUN 2" 3D MEDALS
PIANO 2" 3D MEDAL
RACING 2" 3D MEDALS
READING 2" 3D MEDAL
SPORTMANSHIP 2" 3D MEDALS
SPORTSMANSHIP
*
SPORTSiViMSHIP
STAR PERFORMER 2" 3D MEDAL
jf+*%i
ERFORME
PAW PRINT 2" 3D MEDALS
SILVER GLITTER RIM INSERT MEDAL

HOLDS 2" INSERT
LARGE HIP HOP "TAGS"
f
t
GYMNASTICS SATEEN NECK RIBBON
RIBBON CLOSE UP
DANCE SATEEN NECK RIBBON
RIBBON CLOSE UP
CHEER SATEEN NECK RIBBON
RIBBON CLOSE UP
SWIM SATEEN NECK RIBBON
RIBBON CLOSE UP
POP OUT STAR ACRYLIC
LJBLJ
l t'.n
'!11
n'.iid
*y-Y
'i fvj I !v-II :-':II,:, i - '
STAR PERFORMER
3D LASER CRYSTAL
GYM 3D LASER CRYSTAL
WRESTLING 3D LASER CRYSTAL
TORCH 3D LASER CRYSTAL
SOCCER DIAMOND PLAQUE
BASKETBALL DIAMOND PLAQUE
FOOTBALL DIAMOND PLAQUE
P & \ %l "W W% JH I
ill! 1 HIIS 1
BASKETBALL STAND UP PLAQUE
BASEBALL STAND UP PLAQUE
SOCCER STAND UP PLAQUE
FOOTBALL STAND UP PLAQUE
CLEAR TROPHIES
HOLDS 2" INSERT
BASKETBALL COLUMN TROPHY
W,1!
MtAi
ft.-/
SOCCER COLUMN TROPHY
FOOTBALL COLUMN TROPHY
BASEBALL COLUMN TROPHY
BASEBALL CUP SCULPTURE
SOCCER CUP SCULPTURE
BASKETBALL CUP SCULPTURE
EXHIBIT B
Certificate ofRegistraUon
sS*.
VA 1-850-985
/ÎoûLJk. f-^fajj-
Effective date of
registration:
February 4,20J3
Previous 0rAlfTit,:0fW0rk:'^ medals

^vious or Alternative Title- 2013 ne
Completion/Publication
Vear ofCompletion: 2012
Author
'""** *"** ***"imm'ribbed insert-
N"" ''' pwicu: Un[,ed Ste,es

An Crom,Arards.lnc
An"rCre"e* PhMW<*T=ch^dfawlng
Work made for hire: Yes
Domiciled in: United States
Copyright claimant
Copyrighted CrownAwards. lllc.
Certification
9Skyline Drive, HaMhomeNY
Y']^,umedStatcs
Name: ' Elyse Weiscnfeld

Date: February4,2013
Correspondence: Yes
Page 1of 1
H^rfteB #: VAOOOl 850985

Service*** 1-887253017
Crown Awards, Inc.
Elyse Weisenfeld
FORM CA
FORM CA RECEIVED
FUNDS RECEIVED DATE
EXAMINED BY
FOR
COPYRIGHT
OFFICE
USE
ONLY
CORRESPONDENCE
REFERENCE TO THIS REGISTRATION ADDED TO
BASIC REGISTRATION
YES Q NO
DO NOTWRITE ABOVE THIS LINE. IFYOU NEED MORE SPACE, USE A SEPARATE CONTINUATION SHEET.
Continuation of: Q Part B or Q Part C
Correspondence: Give name and addressto whichcorrespondence aboutthisapplication shouldbe sent
Phone QH^)MlLlM^î2^L Fax,
Em
coM
Deposit Account: Ifthe registration fee is to be charged to a Deposit Account established in the Copyright Office, give name and numberof Account.
Name
Account Number _
Certification* I, the undersigned, hereby certify that 1 am the: (Check only one)
author
Downer of exclusive right(s)
other copyright claimant Qauly authorized agent of
Cg^vNNi AajM/VF-P^, JNo .
Name of authoror othercopyright claimant, or owner ofexclusive right(s)
of the work identified in this applicationand that the statements made by me in this applicationare conect to the best of my knowledge.
Typed or printed name
g(z.\to
AtopR-gyv^
DateV
jp\2.\ JEfrfe.
Handwritten signature
Certificate
will be
mailed in
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Number/Street/Apt
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envelope
to this
address:
2. Nomefundabts tiling fee in check or
money otdor payable lo Register of

Copyright*
City/SlaleCIP T
Library ot Congress
Copyright OMice
=fc
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Washington DC 20559-6000
*17 L/SC506(e): Any parsonwhoknowingly makesatalse representational a material (aclinthe applicalion lorcopyrighl registralion provided forbysection409,or in anywritten statementtiledinconnection
withthe application, shall be lined not more than $2,500
Form CA-Full
Rev 07/2006
Print: 07/2006,000
Printed on recycled paper
U S Government Printing Office; 2006
/,
Certificate of Registration
This Certificate issued under the seal ofthe Copyright
ri>-l?*
Office in accordance withtitle17, United States Code,

attests that registration has been made for the work
identified below. The information on this certificatehas
been made a partofthe Copyright Office records.
/TicuuL A- i^jtt*
1870
***jL
Registration Number
VA 1-815-363
Effective date of
registration:
Registerof Copyrights,United Statesof America
February 17,2012
Title
Title of Work: Insert Medals
Previous or Alternative Title: Diamond Cut, Gold Shooting Star, Black Shooting Star, Galaxy Star, 2012
double action
Year of Completion: 2011
Dateof 1st Publication: January 28, 2012
Nation of 1st Publication: United States
Author
Author: CrownAwards, Inc.

Author Created: sculpture
Work made for hire:

Domiciled in:
Yes
United States
Copyright claimant
Copyright Claimant: Crown Awards, Inc.
9 Skyline Drive, Hawthorne, NY, 10532, United States
Certification
Name: Elyse Weisenfeld
Date: February 17,2012
Correspondence:
Yes
Page 1 of 1
Registration #: VA0001815363
Service Request #: 1-726768699
Crown Awards, Inc.
Elyse Weisenfeld
9 Skyline Drive
Hawthorne, NY 10532 United States
i**.
Office in accordance with title 17, United States Code,

atteststhat registration has been made for the work
identified below. The information on this certificate has
^(Sfeo
1870
Registration Number:
Registers Copyrights, United States of America
VA 1-639-384
Effective date of
registration:
March 18.2008
Title
Title of Work: Insert Medals
Previous or Alternative Title: 2-1/2" star insert knock out, 2-1/2" Venetian insert, 3" star insert knock out
2008 insert
Natu re of Work:
'
Medals
Yearof Completion: 2007
Dateof1stPublication: January 28.2008
Author
Author Created: 3-Dimensional sculpture

Work made for hire:
Domiciled in:
Yes
United States
Copyright claimant
CopyrightClaimant: Crown Awards, Inc.
9 Skyline Drive, Hawthorne, NY, 10532
Limitation of copyright claim

Previously registered: No
Certification
Date: March 14,2008
Correspondence: Yes
Page 1of I
IPN#:
Registration*:
VA0001639384
Service Request*: 1-57995469
Crown Awards, Inc.

Elyse Weisenfeld
9 Skyline Drive
Hawthorne, NY10532
j
I
i
|
I
This Certificate issued under theseal ofthe Copyright
t>-*.
Officein accordance with title 17, United States Code,

been made a part ofthe Copyright Office records.
Registration Number
VA 1-849-588
TlLuL A *hk
Effective date of
A*JGt
registration:
Register of Copyrights, UnitedStates of America
February 4,2013
Title
Title of Work: 3" Double Action Medals
Previous or Alternative Title:
Swimming ,2013 Double action
Year of Completion:
Date of 1st Publication:
2012
January 30, 2013
Author
Author:
Author Created:
Work made for hire:
Domiciled in:
Crown Awards, Inc.
sculpture
Yes
United States
Copyright claimant
Copyright Claimant:
Crown Awards, Inc.
Certification
Name:
Elyse Weisenfeld
Date: February 4, 2013
Page 1 of 1
O-STAT^
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9 SkylineDrive
Hawthorne,NY 10532
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STAT^

Office in accordance withtitle 17, United States Code,
Registration Number
17[
J870
VA 1-850-398
I A- hjiojtx
Effective date of
(XUc^,
registration:
Register of Copyrights, United States of America
February 4, 2013
Title
Title of Work: 2" 3D PiepastMedals
Previous or Alternative Title: Rugby, grand piano, gold, silver, bronze, mud racing
Year of Completion:
2012
Date of 1st Publication: January 30, 2012
Author
Author: Crown Awards, Inc.

Work made for hire:

Domiciled in:
Yes
United Slates
Copyright claimant
9 Skyline Drive. Hawthorne, NY, 10532, United States
Certification
Correspondence:
Yes
Page 1 of 1
Service Requests 1-887252365
Crown Awards, Inc.
Elyse Weisenfeld
9 Skyline Drive
Certificate ofRegistration
vJIlZ**.

7homcÂ-
1870
Registration Number
VA 1-892-651
t^Mo^Jx
Effective date of
registration:
February 21, 2014
Title
Title of Work: 2" 3D Diecast Medals
Previous or Alternative Title: Microphone, 4th Place, Skiing, Hip Hop, Road Bike, Bookworm, T-Ball and
Tennis 2" 3D Diecast Medals
Dateof 1st Publication: February 10, 2014
Author
Author Created: photograph(s), sculpture

Work made for hire:
Citizen of:
Yes
United States
Domiciled in:
United States
Copyright claimant
Copyright Claimant: CrownAwards, Inc.
9 Skyline Drive, Hawthorne
Certification
Name:
Erin Andrews
Page 1 of 1
Registration#: VAOOOl892651
Elyse Weisenfeld
9 Skyline Drive
Hawthorne, NY 10532
been made a part ofthe CopyrightOffice records.

*.,870.*
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Registration Number
VA 1-815-364
Ljfe
Register of Copyrights,United States of America
Effective date of
registration:
February 17,2012
Title
Title of Work: 2" 3D Diecast Medals
Previous or Alternative Title: cheerpyramid, large mouth bass, starperformer, together we can, 5k,You're
a star, 1 year and 5 year
Year of Completion:
2011
January 28, 2012
Author
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Work made for hire:
Domiciled in:
Crown Awards, Inc.
sculpture
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United States
Copyright claimant
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Crown Awards, Inc.
Certification
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Yes
Page 1 of 1
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Account Number
CORRESPONDENCE Give name and address to which con-ponienct about tKi appHcalioi should be sent. NemeMddieea/AiriratySiite/ZIP
Elyse Weisenfeld
9 Skyline Drive
Hawthonie,NY 10532
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U.S. Oovernrnent Printing Orion: 2003498^05/60,029
This Certificate issued under the seal oftheCopyright
o ___&.


<?. -'.i
*I870-^
<XUfr~
Registration Number
VA 1-902-773
A^hfy.
v\_X_L
Effective date of
registration:
February 18,2014
Title
Title of Work: Prestige Plaques
Contents Titles: Basketball, Baseball, Football, and Soccer 6" Prestige Plaques
February 10,2014
Author
Author Created: photograph(s), 2-D artwork

Work made for hire:
Citizen of:
Yes
United States
Domiciled in:
United States
Copyright claimant
9 Skyline Drive, Hawthorne
Certification
Name:
Erin Andrews
Correspondence: Yes
Page 1 of 1
Elyse Weisenfeld
9 Skyline Drive
Hawthorne, NY 10532
ThisCertificate issued under the seal ofthe Copyrighl
o___l*\
Office in accordance with title 17, United Slates Code,

Registration Number
VA 1-767-936
In
1870
Effective date of
registration:
Acting Register of Copyrights,United Statesof America
February 3,2011
Title
Title of Work: Icicle Series Lucites
Shield, Large Star and Pink Star
Year of Completion:
2010
Author
Author:
Author Created:
Work made for hire:
Domiciled in:
Crown Awards, Inc.
sculpture/3-D artwork
Yes
United States
Copyright claimant
Copyright Claimant:
Crown Awards, Inc.

Certification
Name:
Crown Awards, Inc
Correspondence:
Yes
Page 1 of 1
Registration #: VAOOOl767936
Crown Awards, Inc.
Elyse Weisenfeld
9 Skyline Drive
This Certificate issued under theseal oftheCopyright
.*-i___**

beenmadea part ofthe Copyright Office records.
Registration Number
VA 1-811-025
S^ TTLuLA'rtkUfe
Effective date of
registration:
February 17,2012
Title
Title of Work: trophy columns
Previous orAlternativeTitle: patriot, 2012, silver swirl, black and goldbaseball, black andgoldbasketball,
black and gold football, black and gold soccer
Year of Completion:
2011
Author
Author Created: 2-D artwork, sculpture

Work made for hire:
Domiciled in:
Yes
United States
Copyright claimant
Copyright Claimant:
Crown Awards, Inc.

Certification
Name:
Elyse Weisenfeld
Page 1 of 1
Registration #: VAOOO 1811025

Crown Awards, Inc.
Elyse Weisenfeld
9 Skyline Drive
*pj*L*


18 7 0
OMx*~
Registration Number
VA 1-849-589
A'kk
Effective date of
<wX-fl.
registration:
February 4, 2013
Title
Title of Work: Sport Cup Sculptures
Previous or Alternative Title: baseball, basketball/bowling, soccer, wrestling
Completion/ Publication
Year of Completion:
2012
January 30, 2013
Author
Author:
Author Created:
Work made for hire:
Domiciled in:
Crown Awards, Inc.
sculpture
Yes
United States
Copyright claimant
Copyright Claimant: CrownAwards, Inc.
9 Skyline Drive, 1lawthomc. NY, 10532. UnitedStates
Certification
Name:
Elyse Weisenfeld
Date:
February 4, 2013
Page 1 of 1
Registration #: VAOOOl 849589

Service Request #:
1-887204753
Crown Awards, Inc.
Elyse Weisenfeld
9 Skyline Drive
*!__?*.
FormVA
Office in accordance withtitle 17, United States Code,

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9 Skyline Drive
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Crown Awards v. Trophy Depot - Trophy Copyright Complaint PDF

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JS 44C/SDNY

CIVIL COVER SHEET

TROPHY DEPOT, INC., JAMES O'BOYLE and HOWARD BECKER

CROWN AWARDS, INC.

ATTORNEYS (IF KNOWN)

FROSS ZELNICK LEHRMAN & ZISSU, P.C.

866 U.N. Plaza, New York, NY 10017, Tel: (212) 813-5900

If yes,was thiscase Vol. | | Invol. | | Dismissed. No Q Yes Q

Judge Previously Assigned

(PLACEAN [x] IN ONE BOX ONLY)

[ ]350 MOTOR VEHICLE

[ ]320 ASSAULT, LIBEL &

PERSONAL INJURY MED MALPRACTICE

ACTIONS UNDER STATUTES

ACTIONS UNDER STATUTES

[ ]440 OTHER CIVIL RIGHTS

[ ]890 OTHER STATUTORY

FEDERAL TAX SUITS

[ ]891 AGRICULTURAL ACTS

[ ] 870 TAXES (U.S. Plaintiff or

& Case No.

[ ]900 APPEAL OF FEE

PRISONER CIVIL RIGHTS

HABEAS CORPUSALIEN DETAINEE

Check if demanded in complaint:

DEMAND $ undetermined other Injunctive

Check YES only if demanded in complaint

JURY DEMAND: YES S NO

(PLACEAN x IN ONE BOX ONLY)

3 Remanded LZI 4 Reinstated or

I [ 3. all parties represented

| I 5 Transferred from r_| 6 Multidistrict

(28 USC 1322, 1441)

(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

CITIZEN OF THIS STATE

CITIZEN OF ANOTHER STATE

INCORPORATED and PRINCIPAL PLACE

INCORPORATED or PRINCIPAL PLACE

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

Crown Awards, Inc.

Edgewood, New York 11717

Trophy Depot, Inc.

171 Rodeo Drive

171 Rodeo Drive

Edgewood, New York 11717

Edgewood, New York 11717

DEFENDANT(S) ADDRESS UNKNOWN

THIS ACTION SHOULD BE ASSIGNED TO:

DATE 02/18/2015 SIGNATURE OF ATTORNEY/DF RECJBRD

ADMITTED TO PRACTICE IN THIS DISTRICT

X YES (DATE ADMITTED Mo. J

Attorney Bar Code # rlehv@fzlz.com

Magistrate Judge is to be designated by the Clerk of the Court. "T';

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

Richard Lehv (rlehv@frosszelnick.com)

New York, New York 10017

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

CROWN AWARDS, INC.,

TROPHY DEPOT, INC.; JAMES O'BOYLE; and

SUBSTANCE OF THE ACTION

Sgn up to fotai vuMmtm ofhral