Professional Documents
Culture Documents
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Case No. _ __ __ _ __
COMPLAINT
Defendants.
prominent non-profit corporation, RZA, in order to gain a wider audience for their viewpoints
and to attempt to manipulate RZA's members to effect a change in leadership.
2.
trademark, Defendants intentionally misled and confused RZA's constituents in order to promote
Defendants' own political objectives.
3.
RZA brings this action for trademark infringement and related claims to
prevent further irreparable harm to the reputation and identity that RZA has spent decades to
develop.
THE PARTIES
4.
York with a principal place of business located at 500 Seventh Avenue, New York, New York.
5.
residing in Pennsylvania. Upon information and belief, Korn derives substantial revenue from
interstate or international commerce.
6.
residing Pennsylvania. Upon information and belief, Philips derives substantial revenue from
interstate or international commerce.
7.
residing in Maryland. Upon information and belief, Moskowitz derives substantial revenue from
interstate or international commerce.
8.
residing in New Jersey. Upon information and belief, Shechter derives substantial revenue from
interstate or international commerce.
9.
Upon information and belief, John Does 1-10 are individuals who
This action arises under the Trademark Act of 1946, as amended (the
"Lanham Act"), 15 U.S.c. 1051 et seq., and applicable state and common law governing
trademark, unfair competition, and unfair and deceptive business practices.
11.
The Court has original jurisdiction over the subject matter of this action
pursuant to Section 29 ofthe Lanham Act, 15 U.S.c. 1121, and under 28 U.s.C. 1331,
1338(a) and (b). The Court has supplemental jurisdiction over RZA's state law claims under 28
U.S.c. 1367(a).
12.
substantial part of the events giving rise to the claim occurred in New York and a substantial part
of property that is the subject of the action is situated in New York.
13.
engaged in continuous and pervasive wrongful acts directed toward RZA, aNew York
corporation, its officers and leaders located in New York, and its New York members and
donors. Specifically, Defendants used RZA's trademarks to pose as if they were Plaintiff and
deliberately spread false and misleading information about RZA in an effort to mislead and
confuse RZA' s members and sponsors and to direct and control RZA' s internal affairs without
any permission or authority to do so, irreparably harming and damaging RZA, its reputation, and
its goodwill.
FACTUAL BACKGROUND
Plaintiff's Well-Known Organization and Trademarks
14.
the American Jewish public a commitment to Religious Zionism. Religious Zionism refers to an
ideology supporting a strong Jewish religious and national outlook and is, among other things,
dedicated to the preservation of Jewish political freedom and the enhancement of Jewish
religious life both domestically and in the land of Israel.
15.
To carry out its mission, RZA promotes adult and young adult educational
programming; sponsors and organizes events; forms partnerships with affiliate organizations;
publishes scholarly articles; distributes newsletters; engages in advocacy directed toward the
State of Israel; participates in fundraising activities; and supports educational and religious
growth.
16.
Since the inception of its predecessor organizations more than 100 years
ago, RZA has been successful in spreading its mission and attracting members and support
nationwide. I
17.
RZA also maintains several regional chapters and currently has active
Together with its partner and affiliate organizations including, but not
limited to, "Bnei Akiva," "Yavneh Olami," "Torah Mitzion,""Amit" and "Emunah," hundreds of
thousands of individuals across the nation, and around the globe, have been exposed to RZA and
its mission.
19.
RZA has adopted, used and continues to use the trade name, trademark
and service mark "Religious Zionists of America." RZA has used this mark continuously, for
more than 50 years in support of its mission and business activities.
20.
RZA has also adopted, used and continues to use the trademark and
21.
RZA has used the above logo continuously, for more than 30 years in
22 .
Together, the mark "Religious Zionists of America," and the RZA logo
RZA has exclusive rights to the RZA Marks and its use of the RZA Marks
RZA has invested substantial time and money in developing the RZA
Marks and has consistently and successfully used the RZA Marks to distinguish itself from
others in the minds of the relevant public, including other Zionist organizations.
25.
The RZA Marks have been and continue to be heavily promoted by RZA.
RZA's promotional efforts include displaying the RZA Marks's on its nationally accessible
website (accessible at
advertisements in Jewish magazines, newspapers and other publications around the country.
26.
Material containing the RZA Marks has come to be known to the relevant
public throughout the United States as emanating specifically from RZA and not any other
organization, Zionist or otherwise. As a result, the RZA Marks and the goodwill associated
therewith have become assets of great value to Plaintiff.
27 .
By virtue of the renown acquired by the RZA Marks, the RZA marks are
distinctive and have acquired secondary meaning and significance in the minds of the relevant
public.
Defendants Phillips and Korn have published thirty-one news articles and
editorials at "Arutz Sheva," an Israeli media network identifying with Religious Zionism, using
the RZA Marks without permission or authority (the "Infringing Articles").
29.
website w\v\v.israclnationalncws.com.
30.
the relevant public into believing that the Infringing Articles emanated from or were authorized
or approved by RZA when, in actuality, they were not and Defendants had no such authority or
permIssIon.
31.
Defendants have also circulated a weekly newsletter using the RZA Marks
without any pelmission or authority from RZA (the "Infringing Newsletters"). Defendants have
distributed the Infringing Newsletters via email to the very members of the public that are
interested in and targeted by RZA, including rabbis, orthodox Jews and other members of the
Jewish community, many of whom are RZA members.
32.
Infringing Newsletters contain other elements designed to deceive the recipients into believing
that Defendants speak on behalf of RZA. For instance, Defendants list themselves (and others
not affiliated with RZA) directly alongside RZA's officially sanctioned chapters. By listing
themselves with RZA's recognized chapters, Defendants seek to intentionally mislead the
relevant public into believing Defendants are associated with and sanctioned by RZA and that
the content and material produced and disseminated by Defendants are authorized by RZA.
34.
Indeed, members of the relevant public have been misled into believing
that the Infringing Newsletters and Articles originate from or are authorized by RZA. Several
recipients of the Infringing Newsletters contacted RZA expressing confusion over the origin of
the Newsletters and inquired whether RZA had authored or approved the content contained
therein.
35.
generated other profits rightly belonging to RZA due to the relevant public's confusion
concerning the origin of the Infringing Newsletters and Articles.
36.
reputation by deceiving members of the relevant public into falsely believing that content
emanating from Defendants is sanctioned and authorized by RZA.
Defendants further claimed that the outgoing officers "will be honored and
4l.
Rabbi Blau remains RZA 's President and has no present intention of
42.
retiring.
intention of retiring.
43.
RZA has not authorized the election of new officers at the next RZA
44.
convention.
Committee and falsely claimed that new officers would be elected in an attempt to manipulate
RZA's members into causing Rabbi Blau to retire as RZA's president and Martin Oliner to
resign as RZA's chairman and to prompt the election of new officers without RZA's permission
or authority.
45.
influential rabbis, who mistakenly believed the Tribute Committee was formed and supported by
RZA.
Defendants' Refusal to Cease and Desist Their Infringing and Deceptive Conduct
48.
On March 26, 2015 counsel for RZA sent Korn, Phillips, and Moskowitz a
letter demanding that they cease and desist from further infringement of the RZA Marks . The
March 26, 2015 letters from RZA's counsel are attached hereto as Exhibit B.
49.
50.
Defendants' unauthorized use of the RZA Marks and their related acts
activity.
were calculated to intentionally confuse the public. As such, Defendants have unfairly and
unlawfully usurped RZA's control over its intellectual property and reputation.
51.
deceptive acts relating to their affiliation with RZA, such activity is likely to continue to create
confusion among recipients of the Infringing A11icles, Newsletters and other materials circulated
by Defendants by causing such recipients to believe that such materials are authorized and
endorsed by RZA.
52.
wantonly with the intention and knowledge that RZA would suffer damages, including
irreparable damages, as a direct result thereof.
53.
RZA repeats and realleges each of the allegations set forth above as if
origin and a false representation as to the origin of the Infringing Newsletters and Articles.
Defendants' use of the RZA Marks has caused actual confusion and, going forward, is likely to
continue to cause confusion, mistake, or deception as to the source of Defendants' Infringing
Newsletters and Articles.
56.
Defendants' use of the RZA Marks is likely to create the false impression
that the Infringing Newsletters and Articles are authorized by, sponsored by, endorsed by, or
affiliated with RZA.
57.
58.
injury to RZA and will continue to damage RZA and deceive the public unless enjoined by the
Court. RZA has no adequate remedy at law.
SECOND CLAIM FOR RELIEF
UNFAIR COMPETITON UNDER NEW YORK COMMON LAW
59.
RZA repeats and realleges each of the allegations set forth above as if
Defendants' use of the RZA Marks and other deceptive acts are likely to
confuse the public as to the origin, source or sponsorship of Defendant's Infringing Newsletters
and Articles and other materials circulated by Defendants.
61 .
the public into believing that Defendants' Infringing Newsletters and Articles and other acts are
authorized by, sponsored by, endorsed by, or affiliated with RZA, in violations ofRZA's rights
in the RZA Marks and its reputation and goodwill under the common law of the State of New
York.
62.
Defendants are using the RZA Marks with full knowledge ofRZA's prior
reputation represented by the RZA Marks, and through Defendants' other unlawful and improper
acts, Defendants have been and, unless enjoined by this Court, will continue to damage RZA's
reputation and goodwill.
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65.
Defendants' use of the RZA Marks and related conduct are intended to
deceive the relevant public and constitute unfair competition under New York common law.
66.
irreparable injury to RZA and will continue to both damage RZA and deceive the public unless
enjoined by this Court.
67.
RZA repeats and realleges each of the allegations set forth above as if
By reason of the acts set forth above, defendants have been and are
engaged in deceptive acts or practices in the conduct of business, trade or commerce in violation
of Section 349 of the New York General Business Law.
70.
Defendants ' use of the RZA Marks and other improper acts have the
capacity to deceive and are deceiving the public as to the source or sponsorship of material
circulated by Defendants, including but not limited to the Infringing Newsletters and Articles .
71.
As a result, the public and RZA will be damaged if Defendants are not
72.
73 .
Defendants ' conduct constitutes deceptive trade practice under New York
enjoined.
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74.
irreparable injury to RZA and will continue to damage RZA and deceive the public unless
enjoined by the COUl1.
75.
RZA repeats and realleges each of the allegations set forth above as jf
The RZA Marks are distinctive and have acquired distinctiveness prior to
Defendants' unauthorized use of the RZA Marks is likely to injure and has
injured RZA's business reputation, in that the reputation ofRZA has been removed from its full
power and control and that deficiencies in or complaints about Defendants' goodwill and
practices redound to the harm ofRZA.
80.
continue to cause irreparable damage to RZA's business and goodwill unless enjoined by this
Court.
81.
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attorneys, affiliates, and assigns, and all those persons in concert or participation with any of
them from:
a.
adopting, using or displaying the RZA Marks, in whole or in part (or any
phonetic equivalent, misspelling, simulation, reproduction, copy, colorable
imitation or confusingly similar variation thereof);
b.
c.
d.
II.
Directing Defendants, for a period of one year from the date of the order,
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III.
donations received resulting from their unlawful conduct; and to disgorge those profits and/or
donations to RZA.
IV.
VII.
Awarding such other relief as the Court deems just and equitable.
Justin 1. Gunnell
80 Broad Street, Suite 1301
New York, New York 10004
Tel: 212.202.2600
E-mail: jshcr(u)she ltn.:mollte.com
E-mail: jgunJ1cl1(d.shcrircmontc.com
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