JUDGE BUCHWALD

JS44CISDNY
REV.412014

CIVIL COVER

S~ET~

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Tho J$.44 civil cover Dheet and tho lnfcrmalion contained hofeln
nor supplement lho
pleadings or olhor papers as requ!led by law, 8lCCept as provided by local rules of court. This form, approved by the
Judicial Confefonce of the United States In September 1974, Is requiled for use of the Clerk of Court for the purpose of
Initialing tho civil docket sheet.

PLAINTIFFS
PARADISE KIDS LLC and MYRIAN AGUERO

DEFENDANTS
THE QUEEN'S TREASURES, INC., and JOANN CARTIGLIA

ATTORNEYS (fiRM NAME, ADDRESS, AND TELEPHONE NUMBER

Stuart M. RlbaCk, Esq.
Wllk Auslander LLP, 1515 Broadway, 43rd Floor, New York, NY 10036
(212) 981-2300

ATTORNEYS (IF KNOWN)

Christopher Serbagl, Esq.
The Serbagl Law Firm, P.C., 488 Madison Avenue, Suite 1120, New York, NY
10022, (212) 593-2112

CAUSE OF ACTION(CITE THE u.s. CML STATUTE UNDER 'MilCH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

CAUS~MAR

27

2015

Declaratory judgment of no infringement of defendant's copyright or trade dress, and no violation of Lanham Act; battery; unfair competition.
Has lhls action, case, or proceeding, or one essentially the same been previously filed in SONY at any time? N~esClJudge Previously .Assigned
If yes, was this case Vol. 0 lnvol.

Dismissed. No 0 Yes

Is TMISAHI!mRNATIONALAI1SmiATION CASE1

No

[!]

Yes

0
0

If yes, give d a t e - - - - - - - - & Case N o . - - - - - - - -

NATURE OF SUIT

{PLAa AN (x] IN ONE BOX ONLY}

ACTIONS UNDERSTAnniS

CONI'IIACT

I 1110

I 1120

I 1130
I I 140
I I 11!0
l I 151
I 1152

I 1153
( I 160
I 1180

PIRSONALINJURV

INSURANCE
MARINE
MIUERACT

11310AIRPLANE
315AIRPLANE PRODUCT
UABIUTY

NEGOTlASlE
I 132DASSAULT, UBEL&
INSTRUMENT
Sl..ANOER
RECOVERY OF
I I 330 FEDERAL
OVERPAYMENT &
EMPLOYERS'
ENFORCEMENT
LIABIUTY
OF JUDGMENT
MARINE
MEO!CARE ACT
345 MARINE PRODUCT
RECOVERY OF
LIABIUTY
DEFAULTED
I I 350 MOTOR VEHICLE
STUDENT~ I I 3S5 MOTOR VEHICLE
(EXCL VETERANS)
PRODUCT UABIUTY
RECOVERY OF
I I 360 OTHER PERSONAL
OVERPAYMENT
INJURY
OF VETERAN'S
I I 382 PERSONAL INJURY
BENEFITS
MED MALPRACTICE
STOCKHOLDERS

113o40

PERSONAL INJURY

I 1367HEALTHCAREI

PERSONAL PIIDPIRTY

ll

I 1380 OTHER PERSONAL

LABOR

I I 710 FAIR LABOR

PROPERTY DAMAGE
I 385 PROPERlY DAMAGE
PRODUCT UABIUTY

PRISONIRPimiONS

I I463AUEN DETAINEE
I I 510 MOTIONS TO
ACTIONS UNDER STAnnES
VACATE SENTENCE
28USC2255
CIVIL RIGHTS
I I 530 HABEAS CORPUS
I I 535 DEATH PENALTY
I I .WO OTHER CIVIL RIGHTS I I 540 MANDAMUS & OTHER
(Non-Prisoner)

I 1441 VOTING
I 1210

I 1220
I 1230
I 1240

l 1245

I 1290

LAND
CONDEMNATION
FORECLOSURE
RENT LEASE&
EJECTMENT
TORTS TO lAND

TORT PRODUCT

UABIUTY
ALl OTHER
RAL PROPERlY

442 EMPLOYMENT

11 443 HOUSING/
ACCOMMODATIONS
11445AMERICANS'MTH
DISABILITIES
EMPLOYMENT
I I 448 AMERICANS WITH
DISABILITIES .OTHER
I 144BEOUCATION

BANKRUPTCY

cmwtSTAnniS

I I 422 APPEAL

ll.m~r~ClAIMS

28USC158

I I 423 'MTHDRAWAL
28USC 157

PROPERTY RIGHTS

REAPPORTIONMEHT

I I410 ANTITRUST
I I 430 BANKS & BANKING
I I .-sJ COMMERCE
I lo46DDEPORTATION
I I 470 RACKETEER INFLU-

ENCED & CORRUPT

OROANilATION N::r
(RICO)

bc)820 COPVRIGHTS
IJ830PATEHT

3700THER FRAUD
371 TRUTH IN LENDING

SUITS

OTHER
CONTRACT
( I 195
CONTRACT
PROOIJCT
LIABIUTY
I I 1118 FRANCHISE

FORFEmlltE/PEHALTY

PHARMACEUTICAL PERSONAL 11825 DRUG RELATED

INJURYIPRODUCf LIABIUTY
SEIZURE OF PROPERTY
I I 365 PERSONAL INJURY
21 USC 881
PRODUCT UABIUTY
I I 368 ASBESTOS PERSONAL I 18&0 OTHER
INJURY PRODUCf
LIABIUTY

STANDARDS ACT

I 1120 I..ASORIMGMT
RELATIONS
I ]740 RAILWAY lABOR ACT
II

751 FAMILY MEDICAL

LEAVE ACf (FMLA)

I 1790 OTHER LABOR

I

UTIGATION
I 791 EMPL RET INC
SECURITY ACT

IMMIGRATION
PRISONER CIVIL RIGHTS

1146'2 NATURALIZATION
I I 550 CIVIL RIGHTS
APPLICATION
I I 555 PRISON CONDITION
I 1465 OTHER IMMIGRATION
I )560CI\'ILDETAINEE
ACTIONS
CONDITIONS OF CONFINEMENT

I I 840 TRADEMARK

III

SOCIAL SKVAI'rY

I I 850 SECURITIES/

I I 881 HIA (139511)

I I 862 BLACK LUNG (923)
I I 883 Dlv.ciDMW (4015{gll
I I 884 SSID TITLE XVI
I I 1185 RSI (4015(g))

480 CONSUMER CREDIT

490 CABLE/SATELLITE TV

COMMoomESI

EXCHANGE

I 18800THERSTATUTORY
ACTIONS

I I 89t AGRICULTURAL ACTS

FIDEIUU. TAX suns

I I 870 TAXES (U.S.

Plant~~~ ot

OQfendatt)

I I 871 IRS.THIRD PARTY

26USC71109

I I 893 ENIIIRONMENTAL
MATTERS
I I 895 FREEDOM OF

INFORMATION ACf
898ARBITRATION
899AOU!NISTRATIVE
PROCEDURE ACTIREVIEWOR
APPEAL OF AGENCY DECISION

II
II

I I 950 OONSTITUTIONAUTY OF
STATE STATUTES

Check 1/detnQnded In complaint:

CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C.P. 23

DEMANDs~---

I?Jt'b?~fl..'ffJ!v1 THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?

OTHER _ _ _ _ _ JUDGE _ _ _ _ _ _ _ _ _ _ _ DOCKET NUMBER,____ _ __

Check YES only IIdemanded in CO!!JPiolnt

JURY DEMAND: 0 YES LNO

NOTE: You must also submit at the time of ming the Statement of Relatedness fonn (Form IH-32).

--.

(PLACE AN x INONEBOXONLY}

1!11

Original

D3

Removed from

Proc:eecllng

Slatct Court

0 a. ao,.,u........-.
0 b. Atlustone

Remanded

from

ORIGIN
4 Reinstated or
Reopened

Transferred from
(Specify District)

0 6

Multidisfricl
Litigation

0 7 Appeal to Dislrict

Judge from
Magistrate Judge
Judgment

Appellate
Court

party Is pro n.

(PLACE AN x IN ONE BOX ONLY}

0 1 U.S. PLAINTIFF 0 2 U.S. DEFENDANT 0

BASIS OF JURISDICTION
3 FEDERAL QUESTION

IF DIVERSITY, INDICATE

1!)4 DIVERSilY

CITIZENSHIP BELOW.

(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] In one box for Plaintiff and one box for Defendant)
CITIZEN OF THIS STATE

PTF
()111

I I1

CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY

I I 3( 13

CITIZEN OF ANOTHER STATE

( )2

[XJ2

INCORPORATED or PRINCIPAL PLACE

OF BUSINESS IN THIS STATE

( )4( )4

DEF

PTF DEF

INCORPORATED and PRINCIPAL PLACE

OF BUSINESS IN ANOTHER STATE
FOREIGN NATION

PTF
[XJ5

DEF
[XJ5

( )6

( )6

PLAINllFF(S) ADDRESS(ES) AND COUNlY(IES)

Paradise Kids, LLC, 28 Rock Ridge Avenue, Greenwich, CT 06830

Myrian Aguero, 16 Banksville Avenue, Bedford, NY 10506

DEFENDANT(S) ADDRESS(ES) AND COUNlY(IES)

The Queen's Treasures, Inc., 914 North Ninth Street (Route 611 ), Stroudsburg, PA 18360
Joann Cartiglia, 306 Norton Road, Stroudsburg, PA 18360

DEFENDANTCS) ADDRESS UNKNOWN

REPRESENTATION IS HEREBY MADE THAT. AT THIS TIME. I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
RESltiENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one:

THIS ACTION SHOULD BE ASSIGNED TO:

WHITE PLAINS

[!]MANHATTAN

(DO NOT check either box If this a PRISONER PETITIONIPR'iONER CIVIL RIGHTS
COMPLAINT.)
"
MITTED TO PRACTICE IN THIS DISTRICT
DATE 3/26/15
SIGNATURE OF ATTORNEY OF RECORD

[)NO

RECEIPT#

Magistrate Judge Is to be designated by the Clerk of the Court.

Magistrate Judge

()(I YES (DATE ADMITTED Mo.August

Attomey Bar Code #SR2443

MAG' fL\DGE Bl\S

is so Designated.

Ruby J. Krajlck, Clerk of Court b y - - - - - Deputy Clerk, D A T E D - - - - - - - UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

Yr. 1986

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

-------------------------------X
PARADISE KIDS, LLC and MYRIAN
AGUERO,

Case No. 15 Civ. - - - - - - -

15

Plaintiffs,
-against-

COMPLAINT

~t: 14 I

THE QUEEN'S TREASURES, INC., and

JOANN CARTIGLIA,
Defendants.

-------------------------------X

JUDGE BUCHWALD

..
'

C1

Plaintiffs Paradise Kids, LLC ("Paradise") and Myrian Aguero ("Aguero"), by thcir'

Ci

undersigned counsel, as and for their complaint against defendants, allege as follows:
1.

Plaintiffs bring this action to seek declaratory relief against defendants' baseless ~:::

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threats of litigation for alleged infringement of a copyright obtained by defendant The Queen's
Treasures, Inc. ("QTI"), which Paradise has not infringed; for a declaration that Paradise's "18
Snack Stand" does not infringe any trade dress or trade mark in QTI's ''Bake Shoppe" and
accessories; to obtain a declaration that QTI's "Bake Shoppe" and accessories are unprotected under
the Lanham Act and in any event not infringed; to obtain damages for defendants' assault and
battery upon plaintiff Aguero; and to obtain damages for defendants' unfair competition with
Paradise.

PARTIES

2.

Paradise is a Connecticut limited liability company. Its sole member is a citizen of

Connecticut.
3.

8229701.1

Aguero is a citizen of Paraguay who is a permanent resident of New York.

4.

On information and belief, QTI is a Pennsylvania corporation with its principal place

of business in Stroudsburg, Pennsylvania.

5.

On information and belief, Joann Caniglia is a citizen ofPennsylvania and is the

CEO ofQTI.

JURISDICTION AND VENUE

6.

This Court has subject matter jurisdiction over this matter under 28 USC 1331

because it is based on a claim under federal law, and under 28 USC 1332 because the parties are
citizens of different states and the amount in controversy exceeds $75,000.
7.

Venue in this district is proper under 28 USC 1391(b).

8.

This court has personal jurisdiction over the defendants pursuant to CPLR 302.

FACTS

Paradise's business
9.

Paradise designs, creates, contracts for manufacture and sells children's toys, includ-

ing figurines, dolls and accessories. Paradise invests substantial time, effort and expense in researching, developing, designing, creating and marketing its products.
10.

Part of the development process involves purchasing and examining samples of

goods sold in the market. This enables Paradise to assess feasibility of a product, to identify unfilled
niches and to obtain ideas for new products.
11.

Paradise sells dolls and action figures under a number of different brand names,

including ''Pocket Prehistories," "Adventure Girlz," "Paradise Horses," "Paradise Poz-ables" and
"Be My Girl." The "Be My Girl" line is a collection of different 18" tall dolls, fashions, vehicles,
furniture and accessories. Paradise's line includes both the dolls and accessories for the dolls.
2
822971Nt

12.

The product development process for each of these lines includes extensive market

research and design work, which usually includes purchasing and examining products in the market,
in order to assess the state of the market and evaluate the competition.
13.

Paradise also supplies private label goods for large stores. In particular, Paradise is a

participating vendor in Wal-Mart's "My Life As" private label doll program.

QTI's business
14.

QTI is located in Stroudsburg, PA. On information and belief, it manufactures

children's toys and accessories, including accessories for American Girl18" dolls. Much of QTI's
product line apparendy is copied direcdy from American Girl's catalog, as shown in Exhibit A
hereto.
15.

On information and belief, QTI develops its products in a manner similar to the way

Paradise develops its products, by (among other things) researching what is available in the market.
On information and belief, portions of the QTI "Bake Shoppe" and its accessories were copied
from products created by artists Jenny Holiday and Aaron Nieradka of Everyday is a Holiday, a
company located in New Jersey.
16.

The QTI accessories for 18" dolls compete with numerous other companies' lines of

accessories for 18" dolls. These include various food-related toy items (including toy baked goods),
lemonade stands, snack stands and bakery shops. All these items must of necessity be of similar
sizes and shapes in order to (a) be recognizable and (b) fit appropriately to 18" dolls.
17.

On information and belief, QTI sells its goods in its store in Stroudsburg, on its own

website and through Amazon.com.

3
822970vt

Creation ofParadise's Snack Stand

18.

In or about the summer of2013, the principal of Paradise, Amy Pennington, saw a

lemonade stand that her daughter had created, and came up with the idea of developing a snack
stand for Wal-Mart to market under its "My Life As" private label.
19.

Paradise's creative team, led by Kelli Sorrentino, commenced research by locating

and purchasing a wide variety of similar types of toy food stands from American Girl, Etsy, QTI,
Fortune Toys, Mattei, a number of sellers on eBay, and FAO Schwarz.
20.

The QTI sample that Paradise purchased was called "Bake Shoppe." It consisted of

several pieces: a bakery shop, a cash register and wood signs with pegs. Paradise also purchased
separately from QTI a set of toy cookies and a set of toy cupcakes, for a total of three purchases.
The Bake Shoppe is similar in many respects to other toy food stands manufactured by other
companies, including: Mattei, American Girl- Kanani's Shave Ice Stand; Mattei, American Girl
MYAG CAMPUS SNACK CART Concession Stand; Mattei, Barbie

~vlalibu

A\enue; Matte~ Barbie

Bakery; Matte~ Barbie Scoop 'N Swirly Ice Cream Shop Playset; Mattei, Barbie Hot Dog Stand;
FAO Schwartz Wooden Bake Shoppe; FAO Schwarz Wooden Play Kitchen Bake Shoppe; Gloria
Dollhouse Furnitures Supermarket with Food Accessories Play Set; Calico Bakery; CardboardLemonade-Stand; Tomy Bake Shop; and Mother Garden Strawberry Bakery Kitchen Set.
21.

After expenditure of time, effort and expense by Paradise's' designers, Paradise

completed a prototype snack stand and was ready show it to Wal-Mart as of October 1, 2013. It was
based on original work by Paradise's design staff, inspired by real food items as well as various
elements of most of the samples that Paradise had purchased during its market research, including
but not limited to the QTI "Bake Shoppe." The Paradise "18" Snack Stand" was an all-inclusive
play set that included a plastic snack stand with a functional drawer, signage, cup cakes, cookies,
baking tray, milk shakes, lemonade, cash register, play money and tablecloths.

4
822970vl

22.

After several subsequent meetings, Wal-Mart advised Paradise that it would buy the

18" Snack Stand for the Fall2014 season. Paradise arranged for manufacture overseas and for
shipment to the United States for the Fall and Holiday 2014 selling season. The 18" Snack Stand
appeared in Wal-Mart stores under Wal-Mart's "My Life As" private label starting on or around
September 1, 2014.

QTI begins its harassment campaign

23.

Shortly after Labor Day 2014, QTI's principal, Joann Cartiglia, contacted Wal-Mart

to demand that they cease selling the 18" Snack Stand on grounds that it is a copy of QTI's Bake
Shoppe.
24.

Cartiglia also sought out and obtained press and television coverage, primarily in

Northeastern Pennsylvania, in which she claimed that the 18" Snack Stand was a copy of QTI's
Bake Shoppe. The Associated Press also ran the story nationally.
25.

After Cartiglia learned that Paradise had created and sold to Wal-Mart the 18" Snack

Stand, she publicly accused Paradise of pirating her goods. She continued her campaign against
Wal-Mart and Paradise on QTI's Facebook page. Notably, whenever any comments were made on
QTI's Facebook page noting that the design of her Bake Shoppe was common and unremarkable,
had likely been copied from others or was not the same as Paradise's 18" Snack Stand, Cartiglia or
someone acting on her behalf deleted such comments.
26.

Among other things, Cartiglia conceded in the comments on her Facebook page that

she had been advised that QTI had no legitimate legal claim for the alleged "copying," but that she
was hoping to shame Wal-Mart into doing the "right thing."
27.

In a transparent but misleading effort to gamer sympathy from her followers, Cartig-

lia posted on QTI's Facebook page what was presented as a side-by-side comparison of the two pro-

5
822970\'1

ducts- QTI's Bake Shoppe and Paradise's 18" Snack Stand. But in reality, she had placed the 18"
Snack Stand in front of the Bake Shoppe to block the leftmost roughly 4" of the Bake Shoppe. The
18" Snack Stand is less than nine inches wide, but the Bake Shoppe is about 50% wider- a bit more
than 13" wide (they are of approximately equal height). By positioning the products this way,
Cartiglia apparendy- and apparendy successfully- misled QTI's followers into believing the two
products are more alike than they actually are. A copy of this misleading photograph is annexed as
Exhibit B. A true side-by-side photograph is annexed as Exhibit C.
28.

As of the time of the press exposure of the dispute in September 2014, QTI neither

had obtained nor, on information and belief, had even filed for, a copyright registration from the
Copyright Office.
29.

On information and belief, QTI's filing with the Copyright Office did not disclose to

the Copyright Office that much of the Bake Shoppe design was based on others' products and
artwork.

Cartiglia's outrageous tortious behavior

30.

The 2015 New York Toy Fair was held at the Javits Convention Center during

February 14-17, 2015. Paradise displayed at a booth at the Toy Fair. QTI displayed a booth at the
Toy Fair as well.
31.

On or about February 15, 2015, Cartiglia appeared at the Paradise booth at the Toy

Fair and began to disturb the displays, while loudly proclaiming that Paradise had stolen her ideas
and were a bunch of thieves. Several buyers -potential or actual customers - were present when
Cartiglia created the disturbance. On information and belief, Cartiglia deliberately created the
disturbance in order to discourage prospective customers from doing business with Paradise.

6
82..?CJ70vl

32.

Plaintiff Aguero, a Paradise employee, approached Cartiglia and requested that Car-

tiglia stop ruining the displays and cease making a disturbance. She also explained to Cartiglia that
Toy Fair rules prohibited exhibiters from entering other exhibiters' booths without an invitation.
33.

Cartiglia responded to Aguero's verbal requests by physically shoving Aguero and

abusing her verbally. Numerous persons were present to observe Cartiglia's attack. Security was
notified, and put on notice to make more frequent checks at Paradise's booth in order to deter
Cartiglia from repeating her harassment. In addition, security advised Paradise that security personnel had visited QTI's booth to inform Cartiglia that she should not approach Paradise's booth.
34.

Aguero suffered physical and emotional injury as a result of Cartiglia's outrageous

behavior.

QTI's threats
35.

On information and belief, on February 18, 2015, the Copyright Office issued a

Certificate of Registration to QTI for a sculpture called "Interchangeable Shoppe for 18" Dolls."
The registration number is VA 1-942-946.
36.

On or about March 16,2015, QTI threatened to sue Paradise and Wal-Mart if they

did not offer some form of capitulation by March 30, 2015. QTI apparently claims rights under
both the Copyright Act and the Lanham Act, as well as New York's General Business Law 359
[sic] and principles of unjust enrichment.

First Claim for Relief

(Declaratory Judgment)
. 37.

Plaintiff Paradise incorporates the foregoing allegations by reference.

38.

A dispute exists between Paradise and QTI regarding QTI's claim that Paradise's 18"

Snack Stand infringes QTI's copyright in its "Interchangeable Shoppe for 18" Dolls."
39.

Paradise's 18" Snack Stand and QTI's "Interchangeable Shoppe for 18" Dolls" are

not substantially similar as that term is used for purposes of copyright.

40.

Any features of the 18" Snack Stand that may be arguably similar to corresponding

features of QTI's "Interchangeable Shoppe for 18" Dolls" are not protectable, or are protectable
only for virtually exact copying.
41.

The Court should declare pursuant to 28 USC 2201 that Paradise's 18" Snack

Stand, and each part of it, does not infringe QTI's copyright for "Interchangeable Shoppe for 18"
Dolls" or any part thereo
42.

QTI's claim of infringement is objectively unreasonable.

43.

Paradise has no adequate remedy at law.

Second Claim for Relief

(Declaratory Judgment)
44.

Plaintiff Paradise incorporates the foregoing allegations by reference.

45.

The appearance of QTI's Bake Shoppe and of its associated accessories is not

indicative of source and cannot possibly have secondary meaning.

46.

The size, shape and configuration of the Bake Shoppe and associated accessories are

dictated largely by their function, which is to provide a play milieu to accompany 18" dolls.
47.

Insofar as portions of Paradise's 18" Snack Stand may arguably be similar to QTI's

Bake Shoppe, such similarities are the result of the similar functions of the two toys, or arc generic
in appearance. In all other respects the two sets of toys are utterly different or any resemblances are

de minimus.

8
822970vl

48.

A dispute exists between Paradise and QTI concerning QTI's false claims of

infringement.

49.

The Court should declare pursuant to 28 USC 2201 that (a) Paradise's 18" Snack

Stand, and each part of it, does not infringe any rights of QTI under the Lanham Act; (b) any
similarities between QTI's Bake Shoppe and Paradise's are based on unprotectable elements.
50.

QTI's baseless accusations of infringement make this an exceptional case under 28

USC 1117 (a)(3).

51.

Paradise has no adequate remedy at law.

Third Claim for Relief

(Battery)
52.

Plaintiff Aguero incorporates the foregoing allegations by reference.

53.

Cartiglia violendy and viciously struck Aguero without justification, causing Aguero

physical and emotional injury.

54.

Cartiglia should be required to pay compensatory damages of no less than $200,000

to Aguero, together with punitive damages to punish the malefactor for her vicious, unlawful
behavior.

Fourth Claim for Relief

(Unfair Competition)
55.

Plaintiff Paradise incorporates the foregoing allegations by reference.

56.

Cartiglia created a large disturbance at Paradise's booth in the New York Toy Fair as

part of an effort to discourage potential customers from dealing with Paradise and to distract
Paradise's personnel from selling Paradise's goods. This illegitimate strategy included not just vocal

9
8229711..-t

outbursts and false statements but also physical attacks on the displays in Paradise's booth and a
physical attack upon a Paradise employee, Aguero.
57.

Cartiglia's actions on behalf of QTI constitute unfair competition under New York

58.

Paradise's business has been injured as a result of Cartiglia's attacks. QTI should be

law.

compelled to pay damages in an amount to be determined at trial, but no less than $200,000,
together with punitive damages.
WHEREFORE, plaintiffs respectfully request that the Court enter judgment in their favor
as follows:
A.

On the first claim for relief, declaring pursuant to 28 USC 2201 that Paradise's 18"

Snack Stand, and each part of it, does not infringe QTI's copyright for "Interchangeable Shoppe for
18" Dolls" or any part thereof;
B.

On the second claim for relief, pursuant to 28 USC 2201 that (a) Paradise's 18"

Snack Stand, and each part of it, does not infringe any rights of QTI under the Lanham Act; (b) any
similarities between QTI's Bake Shoppe and Paradise's are based on unprotectable elements;
C.

On the third claim for relief, damages in an amount to be determined at trial, includ-

ing punitive damages to punish Cartiglia for her outrageous behavior;

D.

On the fourth claim for relief, damages in an amount to be determined at trial,

including punitive damages to punish defendants for their outrageous behavior;

E.

Costs, interests and attorneys' fees as permitted by law; and

10
822970v)

F.

Such other and further relief as may seem to the Court just and proper.

Dated: New York, New York

March 26, 2015

Respectfully submitted,

WILKAUSLANDER LLP

By:~
~M.Riback
1515 Broadway
New York, New York 10036
(212) 981-2300
Allont~sfor PlabJiijft

11

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EXHIBIT A

12
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