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Case 2:17-cv-00957-ADS-AKT Document 1 Filed 02/20/17 Page 1 of 40 PageID #: 1

IN THE UNITED STATES DISTRICT COURT


FOR THE EASTERN DISTRICT OF NEW YORK

THE ONEIDA GROUP INC.

Plaintiff,

- against - Civil Action No.: __________

STEELITE INTERNATIONAL U.S.A. INC., JURY TRIAL DEMANDED


TABLEWERKS, INC., RICHARD ERWIN, STEVEN
LEFKOWITZ, and ANTHONY DELOSREYES

Defendants.

VERIFIED COMPLAINT

Plaintiff The Oneida Group Inc. (Oneida) for its Verified Complaint states, upon

personal knowledge as to its own actions and on information and belief as to all other matters, as

follows:

NATURE OF THE ACTION

1. This is an action for injunctive relief, as well as damages, based on trade dress

infringement under the Lanham Act, 15 U.S.C. 1125(a), unfair competition under New York

common law, trade secret misappropriation in violation of the Defend Trade Secrets Act

(DTSA), 18 U.S.C. 1836, New York state common law pertaining to misappropriation of

trade secrets, Ohio state laws pertaining to misappropriation of trade secrets, Ohio Rev. Code

1333.61 et seq., breach of contract, and tortious interference with business relations.

THE PARTIES

2. Plaintiff Oneida is a Delaware corporation with its principal place of business at

519 N. Pierce Ave, Lancaster, Ohio 43130. Oneida Ltd. is a wholly-owned subsidiary of Oneida

and has a place of business in Oneida, New York.


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3. Defendant Steelite International U.S.A. Inc. (Steelite) is a New Jersey

corporation having a principal place of business at 154 Keystone Drive, New Castle,

Pennsylvania 16105. Steelite maintains a place of business at 1140 Broadway #1201, New

York, New York 10001 and conducts business in New York and in this District.

4. Defendant Tablewerks, Inc., also known as North Rock Trading Company, Inc.

(Tablewerks), is a New York corporation having a principal place of business at 24 Audrey

Avenue, Oyster Bay, New York 11771.

5. Defendant Richard Erwin (Erwin) is an individual residing at 12 Sound Bay

Drive, Lloyd Harbor, New York 11743.

6. Defendant Steven Lefkowitz (Lefkowitz) is an individual residing at 6 Taft

Drive, Smithtown, New York 11787.

7. Defendant Anthony DeLosReyes (DeLosReyes) is an individual residing at 3

Yardley Drive, Dix Hills, New York 11746.

JURISDICTION AND VENUE

8. This Court has jurisdiction over this action pursuant to the Lanham Act, 15 U.S.C.

1051 et seq., the Defend Trade Secrets Act, 18 U.S.C. 1836(c), and 28 U.S.C. 1331, 1338.

This Court has supplemental jurisdiction over the other claims asserted herein, pursuant to 28

U.S.C. 1367.

9. Defendants are subject to this Courts personal jurisdiction pursuant to due

process and/or the New York Long Arm Statute, due at least to their presence in the State, the

substantial business conducted in this forum, directly and/or through intermediaries, including

having solicited business in the State of New York, transacted business within the State of New

York and attempted to derive financial benefit from residents of the State of New York,

including benefits directly related to the causes of action set forth herein, and having placed their
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products and services into the stream of commerce throughout the United States and having been

actively engaged in transacting business in New York and in this District.

10. Venue is proper in this District pursuant to 28 U.S.C. 1391 because each

Defendant is subject to personal jurisdiction in this District, and either resides in this District, has

regularly conducted business in this District, and/or the events giving rise to this action, or a

substantial part thereof, occurred in this District.

ONEIDA AND ITS PROMINENCE IN THE INDUSTRY

11. Oneida is one of the worlds largest designers and sellers of stainless steel and

silver-plated cutlery and tableware for the consumer and foodservice industries. It is also the

largest supplier of dinnerware to the foodservice industry in North America. The company

operates in the United States, Canada, Mexico, Latin America, Europe, and Asia marketing and

distributing tabletop products, which include flatware, dinnerware, crystal stemware, glassware,

and kitchen tools and gadgets. The company originated in the mid-nineteenth century in Oneida,

New York. In the 1990s, Oneida Limited began focusing on design and marketing of its

products that are globally sourced. Design, sales, marketing, advertising, procurement, customer

service, legal, and operational support are based in various locations, including in Oneida, New

York.

12. Oneida is a leading global marketer of tabletop and food preparation products for

the consumer and foodservice markets. With a comprehensive line of tabletop and food

preparation solutions, Oneida markets products globally under a broad range of well-known

consumer brands including Oneida and Anchor Hocking. Oneida operates glass manufacturing

plants in the U.S. and sources a variety of proprietary designed tableware products from outside

the U.S.

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13. For over twenty (20) years, Oneida has sourced Oneidas premier dinnerware

products from Royal Porcelain Public Co., Ltd. (Royal Porcelain), a dinnerware manufacturer

in Thailand, through Tablewerks, the purportedly exclusive North American distributor of Royal

Porcelain. This extensive business relationship included, among other things, an agreement that

Oneida had the exclusive right to sell dinnerware products in North America that Royal

Porcelain supplied through Tablewerks, an agreement by Tablewerks and Royal Porcelain not to

supply any competitors with designs selected by Oneida, and the provision of substantial sums

by Oneida for equipment and tooling to allow Royal Porcelain to make Oneidas dinnerware

products.

14. Unbeknownst to, and without the consent or consultation of, Oneida, Steelite

purportedly acquired substantially all of the assets and rights of Tablewerks on December 12,

2016. On December 13, 2016, Steelites President and CEO John Miles sent a letter (Steelite

Letter) (a true and correct copy of which is attached as Exhibit 1) advising Oneida of this

acquisition.

15. Thereafter Steelite refused to recognize any contractual relationship between

Oneida and Tablewerks. Although the Steelite Letter stated that Steelite will respect any valid

intellectual property owned by Oneida, Steelite has not kept its commitment. Steelite has

recently started offering and selling Oneidas dinnerware designs without Oneidas

authorization.

16. The Steelite Letter also falsely stated that there was no contractual relationship

between Oneida and Tablewerks or Royal Porcelain and that it would fulfill only existing

purchase orders for Oneida products sourced from Royal Porcelain. After the date of the Steelite

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Letter, Steelite initially rejected purchase orders submitted by Oneida but has since agreed, based

on recent negotiations, to fulfill certain purchase orders submitted by Oneida for a short period.

17. Since the purported acquisition of Tablewerks, Steelite has stepped into the shoes

of Tablewerks in material ways such that the acquisition amounts to a merger or consolidation

and Steelite is a mere continuation of Tablewerks. On information and belief, Steelite (i)

retained all or nearly all of the employees and management of Tablewerks, (ii) provides the same

distribution of products that had been supplied through Tablewerks, (iii) has maintained a

continuity of assets because it purportedly acquired substantially all assets of Tablewerks, (iv)

has continued business operations since the purported acquisition, as evidenced by the continued

fulfillment of existing Oneida purchase orders as agreed in the Steelite Letter, and (v) holds itself

out as the successor enterprise to Tablewerks for providing products manufactured by Royal

Porcelain.

ONEIDAS TRADE DRESS

18. Oneida offers elegant tabletop solutions in an impressive variety of shapes and

bodies suitable for luxury- and fine-dining establishments to casual eateries. Oneidas

dinnerware is known for its unequaled design relevance in the marketplace, durability,

practicality, and detail. These offerings include brands like SANT ANDREA that include the

highest quality bright white porcelain, translucent bone china, or MAXADURA alumina

porcelain in a variety of shapes and styles. With a prestigious heritage, distinctive shapes, and

exceptional craftsmanship, the elite SANT ANDREA brand, established in 1990, evokes

European tradition and unites modern themes with timeless classic design, gracing prestigious

fine-dining establishments all over the world. The dinnerware products marketed under the

SANT ANDREA brand carry a consistent and inherently distinctive trade dress developed by

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Oneida. Oneidas portfolio of patterns in the SANT ANDREA brand include the

BOTTICELLI, NEXUS, TRAPEZE, SAHARA, ROYALE, FUSION, CIRCA,

CROMWELL, QUEENSBURY, MOOD, IMPRESSIONS, MONTAGUE,

OTHELLO, TENOR, CATO, SURREY dinnerware lines.

19. Oneida owns the trade dress on the products of Oneidas SANT ANDREA

brand because, inter alia, Oneida developed the designs of these products, including Oneidas

BOTTICELLI and NEXUS dinnerware, Oneidas name appears with the products bearing

the trade dress and in the advertisements and promotions of those products, Oneida maintains the

quality and uniformity of the products bearing the trade dress, and the public identifies the

products as Oneidas and poses product questions to, and makes product complaints to, Oneida.

Oneidas BOTTICELLI Dinnerware

20. In the 1990s, Oneida worked with world-renowned designers David Queensberry

and Martin Hunt to help Oneida develop distinctive dinnerware for foodservice and institutional

settings to invoke European styling and dining, that ultimately resulted in the BOTTICELLI

line, examples of which are depicted below:

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21. Since the introduction of the BOTTICELLI design and trade dress in 2001,

Oneida has expanded the line of BOTTICELLI dinnerware to provide a comprehensive solution

for the foodservice and institutional industry.

22. The BOTTICELLI design and trade dress has gained nationwide recognition and

acclaim. The BOTTICELLI design and trade dress has been cited for its success in industry

publications such as the Tabletop Journal. Oneida has earned several accolades for the

BOTTICELLI design and trade dress, including dinnerware awards in the banquet, catering,

and resort industries. For example:

Dinnerware winner of tabletop competition at Hotel Experience Show in


New York (2015)

Banquet and Catering First Place: Piazza, Canton, Ohio (2014)

Club and Resort, Honorable Mention: Brookside Country Club, Canton,


Ohio (2014)

23. The elements of the BOTTICELLI trade dress and design, which include the

images in paragraph 20 above and Exhibit 2, comprise a combination of features that include:

Patterned organic circle-shaped texturing on the top outer surface of


plates, platters, and saucers;

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Patterned organic circle-shaped texturing on the outer surface of cups,


bowls, and mugs;

A steep leaf rim angle on plates and platters;

A smooth flat center well area on plates and saucers differentiated from
the patterned top outer surface;

A smooth interior area on bowls and cups differentiated from the patterned
outer surface; and

A rim geometry on all products that has a thick portion near the end of the
rim and tapers to a rounded edge at the tip of the rim.

(collectively, the BOTTICELLI Trade Dress).

24. The BOTTICELLI Trade Dress is unique, distinctive, and nonfunctional, and it

is not necessary for others to use this trade dress to compete in the marketplace. The unique and

distinctive look and feel of the BOTTICELLI Trade Dress identifies and distinguishes the

BOTTICELLI dinnerware from competitors products.

25. Oneida has invested millions of dollars in advertising, promoting, and selling

BOTTICELLI dinnerware, and Oneidas promotion, and sale of dinnerware embodying the

BOTTICELLI Trade Dress has been continuous since its introduction in 2001. Oneida prepares

catalogs for its customers, advertises on its website, and attends more than twenty (20) trade

shows throughout the United States where it features the BOTTICELLI lines. In addition,

Oneida frequently makes presentations featuring its dinnerware products, including

BOTTICELLI, to its existing clients and to prospective clients. Oneida also advertises the

BOTTICELLI line in select print publications. True and correct copies of representative

examples of Oneidas advertisements reflecting the prominent use of the BOTTICELLI Trade

Dress are attached hereto as Exhibit 2.

26. Oneidas marketing efforts have been incredibly successful. The commercial

foodservice and institutional industry has come to recognize and immediately associate the

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BOTTICELLI Trade Dress with Oneida as a result of the extensive and continuous promotion

and sales of dinnerware emphasizing the BOTTICELLI Trade Dress for more than fifteen

years. As a result of these efforts, the BOTTICELLI Trade Dress has acquired appreciable

secondary meaning, which identifies and distinguishes the BOTTICELLI dinnerware from

dinnerware offered by competitors.

27. Oneidas BOTTICELLI trade dress for the BOTTICELLI dinnerware

represents highly valuable goodwill owned by Oneida.

Oneidas NEXUS Dinnerware

28. In 2007 and 2008, Oneida again worked with world-renowned designers David

Queensberry and Martin Hunt to help Oneida develop a distinctive dinnerware line with a

unique, arcing decoration adorning a fashion-forward shape for contemporary tabletop

arrangements, that resulted in the NEXUS line, examples of which are depicted below:

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29. Since the introduction of the NEXUS design and trade dress in 2009, Oneida

has expanded the line of NEXUS dinnerware to provide a comprehensive solution for the

foodservice and institutional industry.

30. The NEXUS design and trade dress has gained nationwide recognition and

acclaim. The NEXUS design has been cited for its success in industry publications such as the

Tabletop Journal.

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31. The elements of the NEXUS trade dress, which include the images in paragraph

28 above and Exhibit 3, comprise a combination of features that include:

A decal comprising decorative concentric circles around the perimeter rim


of plates, platters, saucers, and shallow bowls;

A decal comprising decorative concentric circles on the outer surface of


cups, deep bowls, and mugs;

A square-shaped inside smooth surface framed by the decal on round


plates and saucers;

A trapeze-like arcuate-shaped inside smooth surface framed by the decal


on square and rectangular plates, platters, and certain bowls;

The juxtaposition of square and circle shapes within a single piece plates,
bowls, and saucers; and

Either the use of a standard footring, or flat foot surface on the bottom of
all of the products.

(collectively, the NEXUS Trade Dress).

32. The NEXUS Trade Dress is unique, distinctive, and nonfunctional, and it is not

necessary for others to use this trade dress to compete in the marketplace. The unique and

distinctive look and feel of the NEXUS Trade Dress identifies and distinguishes the

NEXUS dinnerware from competitors products.

33. Oneida has invested millions of dollars in advertising, promoting, and selling

NEXUS dinnerware, and Oneidas promotion, and sale of dinnerware embodying the

NEXUS Trade Dress has been continuous since its introduction in 2009. Oneida prepares

catalogs for its customers, advertises on its website, and attends more than twenty (20) trade

shows throughout the United States where it features the NEXUS line. In addition, Oneida

frequently makes presentations featuring its dinnerware products, including NEXUS, to its

existing clients and to prospective clients. Oneida also advertises the NEXUS line in select

print publications. True and correct copies of representative examples of Oneidas

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advertisements reflecting the prominent use of the NEXUS Trade Dress are attached hereto as

Exhibit 3. Certain of these advertisements expressly state that the NEXUS Trade Dress is

Oneida property that will be enforced:

The Nexus dinnerware configuration constitutes proprietary trade dress. Rights


in the trade dress will be enforced against unauthorized simulations. Oneida Ltd.
owns the trademark Nexus and is the exclusive distributor of the dinnerware in
the United States.

34. Oneidas marketing efforts have been incredibly successful. The commercial

foodservice and institutional industry has come to recognize and immediately associate the

NEXUS Trade Dress with Oneida as a result of the extensive and continuous promotion and

sales of dinnerware emphasizing the NEXUS Trade Dress for nearly ten years. As a result of

these efforts, the NEXUS Trade Dress has acquired appreciable secondary meaning, which

identifies and distinguishes the NEXUS dinnerware from dinnerware offered by competitors.

35. Oneidas NEXUS trade dress for the NEXUS dinnerware represents highly

valuable goodwill owned by Oneida.

ONEIDAS TRADE SECRETS

36. Through its efforts and investment, Oneida has developed a great deal of valuable

trade secret, confidential, and proprietary information regarding the marketing and sale of its

products. These trade secrets concern valuable marketing, sales, and strategy information and

include, but are not limited to, (1) Oneidas where to play and how to win business strategy

that includes information about customer segmentation and product category particularized by

sub-category and sub-channels, (2) Oneidas go-to market strategy for interacting with customers

based on proprietary developed customer segmentation and end-user analysis, (3) Oneidas

product margins, costs, rebate programs, other trade spend activities, and proposed changes in

those rebate programs and trade spend activities, (4) Oneidas costs, margins, and expected

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pricing of customer specific designs, and (5) Oneidas customer sales forecasting and customer-

specific account strategy.

37. The above-described trade secrets are extremely valuable to Oneida because they

are secret, extremely difficult, costly, and time-consuming to develop, and are only known to a

select few people at Oneida, and because such information is not made public and is not easy, or

is impossible, to ascertain independently.

38. Oneida has exercised reasonable efforts to preserve the secrecy of the above-

described trade secrets and confidential information. Among other such measures, Oneidas

employees and consultants, in consideration for their compensation and receipt of confidential

Oneida information, are required by Oneida to sign agreements not to divulge to any

unauthorized person, or to use for any unauthorized purpose, any secret, confidential, or private

information connected with Oneidas business. Oneida also requires all third parties, such as

vendors and suppliers, to execute non-disclosure and/or confidentiality agreements not to

disclose to any unauthorized person or entity, any secret, confidential, or private information

connected with Oneidas business. In addition, Oneida maintains a Global Employee Handbook

and Policy Guide (the Handbook) that provides requirements for protecting Oneida trade

secrets and confidential information. For example, the Handbook states that No employee shall

disclose client information or confidential business information to any third party. The

Handbook prohibits Unauthorized copying, removal, or misuse of company records, blueprints,

materials, products, or confidential information, including photographs and prohibits

divulg[ing] trade secrets or otherwise confidential information of the company. Oneida further

maintains and follows a formal Records Retention Policy that inter alia requires documents

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containing Oneida trade secrets and confidential information to be properly secured and, when

necessary, disposed of in a secure manner to prevent unauthorized disclosure.

TABLEWERKS RELATIONSHIP WITH ONEIDA

39. Defendant Erwin is the President of Tablewerks and has served as Oneidas point

of contact at Tablewerks for at least twenty (20) years.

40. On April 1, 2007, Tablewerks and Oneida entered into an agreement entitled

Business Requirements for All Vendors of Oneida Ltd. (Vendor Agreement). The Vendor

Agreement expressly limits the ability of Tablewerks to use designs supplied to Oneida.

Pertinent portions of Paragraphs 4 and 5 of the Procurement section of the Vendor Agreement (a

true and correct copy of which is attached as Exhibit 4), provide as follows:

Designs Supplied by Buyer [Oneida]: Seller [Tablewerks] will use designs


supplied by Buyer exclusively for the manufacture of goods for Buyer or its
subsidiaries and warrants that it will not manufacture, give or sell goods
incorporating, or otherwise give or sell said designs to any third party. Buyer
retains all rights, title and interest in any and all designs furnished by it hereunder.

Designs Supplied by Seller [Tablewerks]: Seller agrees that any design supplied
by it for the manufacture of goods for Buyers account will be for the sole and
exclusive use of Buyer and its Subsidiaries.

41. None of the parties have terminated the Vendor Agreement, and the Vendor

Agreement is valid and in force.

42. On January 17, 2011, Tablewerks, Oneida, and Royal Porcelain entered into a

Confidentiality Agreement (Tablewerks Confidentiality Agreement) pursuant to which

Tablewerks made certain commitments concerning Oneidas confidential information.

Specifically, paragraphs 1-3 and 6 of the Tablewerks Confidentiality Agreement (a true and

correct copy of which is attached as Exhibit 5) (emphasis added), provide as follows:

1. CONFIDENTIAL INFORMATION. In the process of quoting and producing


an Oneida proprietary dinnerware shape VENDOR (the Project), VENDOR

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will receive from Oneida certain information, including but not limited to,
technical drawings, prototypes and other proprietary information regarding a new
dinnerware shape (jointly Confidential Information). Upon each and every
disclosure of Confidential Information, VENDOR will have a duty to protect and
keep confidential all Confidential Information. Unless otherwise designated by
Oneida in advance, Oneida deems all information provided to VENDOR under
this agreement confidential.

2. NON-DISCLOSURE. VENDOR agrees (a) not to disclose or reveal


Confidential Information to any person other than its officers and employees
who are actively and directly participating in the Project or who otherwise
need to know the Confidential Information for the purpose of the Project and
(b) not to use the Confidential Information for any purpose other than in
connection with the Project including but not limited to using the information to
produce dinnerware for competitors of Oneida or for its own benefit. All
Confidential Information in tangible form, disclosed or created hereunder, shall be
returned to Oneida at Oneida's written request.

3. TERMINATION. Termination of this Agreement shall not relieve VENDOR


of any confidentiality obligation with respect to Confidential Information
disclosed or developed hereunder prior to termination.

6. REMEDIES. In the event of any breach or threatened breach by


VENDOR of its obligations hereunder, Oneida shall be deemed to have
suffered irreparable harm and shall be entitled to seek and obtain equitable
relief in the form of temporary restraining orders and preliminary
injunctions to enforce this Agreement. Such remedies shall be in addition to
any other remedies available at law or in equity. Furthermore, VENDOR
shall be responsible for and shall indemnify Oneida for all costs incurred
while enforcing this Agreement, including but not limited to, attorney fees
and court costs. In addition to the foregoing, in the event that it can be shown
that VENDORs breach of its obligations hereunder directly or indirectly cause or
contribute to a loss of or decline in sales of Oneida dinnerware product,
VENDOR will indemnify Oneida for three (3) times the amount of the resulting
loss of Oneida revenue.

43. None of the parties have terminated the Tablewerks Confidentiality Agreement,

and the Tablewerks Confidentiality Agreement is valid and in force.

44. Tablewerks continues to owe a contractual duty to Oneida not to disclose or use

Oneidas trade secrets or confidential information without Oneidas authorization. Tablewerks

also owes a contractual duty to Oneida not to oppose Oneidas present request for injunctive

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relief and expressly agrees to pay all costs and attorneys fees for enforcing the Tablewerks

Confidentiality Agreement.

LEFKOWITZS RELATIONSHIP WITH ONEIDA

45. Defendant Lefkowitz acted a sales representative for Oneida for approximately

twenty-five (25) years. Over this period of time, Defendant Lefkowitz helped develop and

manage Oneidas business relationship with various foodservice and institutional customers.

Defendant Lefkowitz was also paid to co-develop, along with Oneidas other personnel, sales

strategies, launch plans, customer-contact tactics, etc. tailored to the dinnerware market.

46. On May 15, 2014, Defendant Lefkowitz entered into a letter agreement with

Oneida (the Lefkowitz Agreement) under which Defendant Lefkowitz agreed to serve as an

independent sales representative, agreed to noncompetition and nonsolicitation covenants, and

agreed not to reveal to any unauthorized person, or to use for his own benefit, any confidential or

proprietary information connected with Oneidas business. Paragraph 5 of the Lefkowitz

Agreement (a true and correct copy of which is attached as Exhibit 6) (emphasis added),

provides as follows:

5. Restrictive Covenants.

(a) Noncompetition. In consideration of the Service Fees, while this Agreement


remains in effect, you agree that you will not, directly or indirectly, engage,
whether as a proprietor, partner, principal, joint venture participant, employer,
agent, employee, consultant, officer, director or investor, alone or in association
with any other person, firm, corporation or other entity (other than an owner of
less than one percent of the capital stock of a publicly traded entity), in any
business or activity that competes with the business conducted by the
Company in the geographical area in which it is engaged or will engage in
such business during such period.

(b) Nonsolicitation.
(i) You agree that while this Agreement remains in effect, you will not in any
way, directly or indirectly, whether as a proprietor, partner, principal, joint
venture participant, employer, agent, employee, consultant, officer, director or

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investor, alone or in association with any other person, firm, corporation or other
entity, for purposes of selling, or otherwise soliciting the purchase of, a product or
service that competes with any product or service sold by the Company, call
upon, solicit, advise or otherwise do, or attempt to do, business with any
person or entity who is, or was during your employment, a client or customer
of the Company, or take away or interfere or attempt to take away or to
interfere with any customer, trade, business, patronage or affair of the
Company. Notwithstanding anything contained in this Section 5, Company
agrees that you may engage in business activities with clients or customers of the
Company so long as the products and/or services offered for sale to such clients or
customers do not compete with products or services offered by the Company.

(ii) You agree that during the Term you will not in any way, directly or indirectly,
whether as a proprietor, partner, principal, joint venture participant, employer,
agent, employee, consultant, officer, director or investor, alone or in association
with any other person, firm, corporation or other entity, solicit, induce to leave,
hire (or attempt to hire) or otherwise interfere (or attempt to interfere) with any
person or entity who is at such time, or was during the term of this Agreement, an
employee, officer, consultant, representative or agent of the Company.

(c) Confidentiality. You agree that at no time during the Term or thereafter
will you, except in performance of the Services, directly or indirectly, reveal
to any person, entity or other organization or use for your own benefit any
information deemed to be confidential or proprietary by the Company
relating to the assets, liabilities, employees, goodwill, business or affairs of
the Company, including, without limitation, any information concerning
past, present or prospective customers, suppliers, manufacturing processes
or marketing data, or any other confidential or proprietary information
(Confidential Information). You further agree that you will not, without the
prior written consent of the Company, remove or take from the Companys
premises (or if previously removed or taken, at the Company's request, to
promptly return) any written Confidential Information or any copies or extracts
thereof. Upon the request and at the expense of the Company, you will promptly
make all disclosures, execute all instruments and papers and perform all acts
reasonably necessary to vest and confirm in the Company, fully and completely,
any and all rights in Confidential Information.
***
(d) Return of Company Property. Upon the termination of this Agreement for any
reason, you will immediately return all property and material in your possession
that belongs or relates to the Company, including all originals and copies of files,
writings, reports, memoranda, diaries, notebooks, notes of meetings or
presentations, data, computer software and hardware, diskettes, cellular phones,
drawings, charts, photographs, slides, patents, or another form of record which
contains information belonging to or created or produced by, for or at the
direction of the Company, or any employee or agent thereof.

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(e) Rights and Remedies Upon Breach. The parties acknowledge and agree
that any breach of the covenants in this Section [5] will cause immediate and
irreparable injury, direct or indirect, to the Company and that money
damages will not provide adequate remedy. You therefore agree that if you
violate any of the restrictions covenants hereunder, the Company will be
entitled, among and in addition to any other rights or remedies available
under this Agreement or at law or in equity, to temporary and permanent
injunctive relief, without bond or other security, to prevent you from
committing or continuing a breach of such covenants. If you breach any of
your obligations under this Section [5], the Company may, upon written notice to
you, terminate its obligations to make any further payments to you as described in
Section [4].

47. During his contractual relationship with Oneida, Defendant Lefkowitz had access

to and obtained some or all of at least the trade secrets defined above.

48. Defendant Lefkowitz continues to owe a contractual duties to Oneida, including

not to disclose or use Oneidas trade secrets or confidential information without Oneidas

authorization. Lefkowitz also owes a contractual duty to Oneida not to oppose Oneidas present

request for injunctive relief.

49. On or about January 3, 2017, Defendant Lefkowitz sent a letter to Oneida seeking

to terminate his contract and stated that he will remain with the company for 30 days through

the end of business Friday, February 3, 2017 to assist in any transition of my responsibilities.

(A true and correct copy of this letter is attached as Exhibit 7.)

50. On information and belief, Defendant Lefkowitz has accepted employment or

entered into a consulting relationship with Steelite and/or Tablewerks.

51. On or about January 4, 2017, Defendant Lefkowitz met with an Oneida employee

to return Oneida property but failed to return all property and materials in his possession that

belongs to or relates to Oneida. Defendant Lefkowitz claimed to have deleted all Oneida-related

property and materials on his computer prior to the meeting. Defendant Lefkowitz refused to let

Oneida personnel access the computer to search for Oneida property and materials. Rather,

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Defendant Lefkowitz only provided Oneida with copies of certain files that Defendant Lefkowitz

personally selected from his computer. During his meeting with an Oneida employee Defendant

Lefkowitz performed certain requested searches on his computer and additional Oneida-related

materials were discovered despite his assertions that all Oneida related property and materials

had already been deleted and were included in the copies provided to Oneida. Defendant

Lefkowitz would not permit the Oneida employee to review the material uncovered by the

computer search and instead allegedly deleted all responsive files.

FOSTER SULLIVANS RELATIONSHIP WITH ONEIDA

52. Foster Sullivan (Sullivan) acted a sales representative for Oneida for at least ten

(10) years. Over this period of time, Sullivan helped develop and manage Oneida and Oneidas

business relationship with various foodservice and institutional customers.

53. On March 1, 2012, Sullivan entered into an agreement with Oneida (the Sullivan

Agreement) under which Sullivan agreed to serve as a consulting sales representative and

agreed not to reveal to any unauthorized person, or to use for his own benefit, any information

deemed confidential or proprietary. Paragraph 5 of the Sullivan Agreement (Exhibit 8), provides

as follows:

5. Non-Disclosure of Confidential Information. Consultant agrees that the Confidential


Information (defined below) is the exclusive property of Company and shall not be used
by Consultant or any of Consultants representatives or affiliates except strictly in the
performance of Services hereunder. Consultant shall not, misappropriate or disclose or
make available any Confidential Information to anyone at any time during or after the
Term or subsequent to the termination of this Agreement for any reason, except as
required in the performance of the Consultants Services. Upon termination of this
Agreement, Consultant shall return all copies of any Confidential Information to
Company. For purposes of this Agreement, Confidential Information means all
proprietary and/or non public information concerning or related to the business,
operations, financial condition or prospects, Intellectual Property, Developments,
inventions, discoveries, trade secrets, financing sources, strategies, plans, processes,
techniques, methods, formulae, ideas and know-how of Company, regardless of the form

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in which such information appears and whether or not such information has been reduced
to a tangible form whether or not such information has been marked Confidential.

54. During his relationship with Oneida, Sullivan had access to and obtained some or

all of at least the trade secrets defined above.

55. Sullivan continues to owe a contractual duty to Oneida not to disclose or use

Oneidas trade secrets or confidential information without Oneidas authorization.

56. On January 20, 2017, Oneida terminated its relationship with Sullivan.

57. On information and belief, Sullivan has accepted employment or entered into a

consulting relationship with Steelite and/or Tablewerks.

58. Sullivan has provided at least Tablewerks and Rick Erwin with Oneidas

confidential, proprietary, and trade secret information.

ANTHONY DELOSREYES RELATIONSHIP WITH ONEIDA

59. Defendant DeLosReyes has been a sales employee for Oneida for twenty-one (21)

years and was most recently vice president of the hotel and gaming division. Over this period of

time, Defendant DeLosReyes helped develop and manage Oneidas business relationship with

various customers.

60. On January 23, 1997, Defendant DeLosReyes entered into an Employee Patent

and Confidential Information Agreement with Oneida (the DeLosReyes Agreement) under

which Defendant DeLosReyes agreed not to disclose any information concerning the Companys

trade secrets without written consent. Paragraph D of the DeLosReyes Agreement (a true and

correct copy of which is attached as Exhibit 9), provides as follows:

D. THAT I WILL NOT DISCLOSE AT ANY TIME (EXCEPT AS MY


COMPANY DUTIES MAY REQUIRE) EITHER DURING OR SUBSEQUENT
TO MY EMPLOYMENT, ANY INFORMATION, KNOWLEDGE OR DATA
OF THE COMPANY I MAY RECEIVE OR DEVELOP DURING THE
COURSE OF MY EMPLOYMENT RELATING TO FORMULAS, BUSINESS
PROCESSES, METHODS, MACHINES, MANUFACTURERS,
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COMPOSITIONS, INVENTIONS, DESIGNS, DISCOVERIES OR OTHER


MATTERS CONCERNING THE COMPANYS TRADE SECRETS, EXCEPT
AS THE COMPANY MAY OTHER WISE CONSENT IN WRITING.

61. During his employment with Oneida, Defendant DeLosReyes had access to and

obtained some or all of at least the trade secrets defined above.

62. Defendant DeLosReyes continues to owe a contractual duty to Oneida not to

disclose or use Oneidas trade secrets or confidential information without Oneidas authorization.

63. Defendant DeLosReyes also received the Handbook, and agreed that he would

comply with the policies contained in the Handbook. The Handbook provides in pertinent part:

At no time, while using the companys Internet access, may you disparage the company or

divulge trade secrets or otherwise confidential information of the company.

64. On or about December 30, 2016, Defendant DeLosReyes sent a letter of

resignation to Oneida stating that his last day of employment will be January 13, 2017 and that

he has accepted a job with another company that suits my needs. (A true and correct copy

of this letter is attached hereto as Exhibit 10.)

65. On information and belief, on January 3, 2017, Defendant DeLosReyes connected

an external memory drive to his Oneida laptop computer and copied files from his Oneida laptop

computer to the external memory drive.

66. On information and belief, Defendant DeLosReyes has accepted employment or a

consulting relationship with Steelite and/or Tablewerks.

DEFENDANTS WRONGFUL CONDUCT

67. On information and belief, each of at least Erwin, Lefkowitz, and DeLosReyes

has become associated, formally or otherwise, with Steelite.

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68. Steelite and/or Tablewerks has started offering and selling dinnerware designs

from the SANT ANDREA brand, including products bearing Oneidas BOTTICELLI Trade

Dress and NEXUS Trade Dress. In their new roles with Steelite, Lefkowitz and DeLosReyes

have started offering and selling Steelite dinnerware products that bear the exact same designs as

those from Oneidas SANT ANDREA brand, including products bearing the BOTTICELLI

Trade Dress and NEXUS Trade Dress.

69. On information and belief, Steelite and/or Tablewerks has informed Oneidas

customers that Oneida will not be able to provide SANT ANDREA brand dinnerware products

once Oneida runs out of inventory and that such products will only be available through Steelite.

70. Certain key Oneida customers have indicated that that they plan to switch from

purchasing dinnerware from Oneida to purchasing dinnerware from Steelite as soon as this

month, and have further indicated that they will purchase tableware from whoever has control

over products previously manufactured by Royal Porcelain for Oneida.

71. Steelite and/or Tablewerks has also falsely informed certain Oneida customers

that Steelite has acquired the rights to the dinnerware designs and the rights to the distribution of

products previously manufactured by Royal Porcelain for Oneida.

72. Oneida has the exclusive right to sell dinnerware products that have been supplied

by Tablewerks and Royal Porcelain for Oneida. For example, Tablewerks and Erwin agreed that

Oneida has global distribution rights to sell the BOTTICELLI and NEXUS dinnerware lines

supplied by Royal Porcelain. Steelite does not have the right to sell any dinnerware designs

supplied by Tablewerks and manufactured by Royal Porcelain for Oneida.

73. Steelite and Tablewerks have infringed Oneidas trade dress by marketing,

promoting, offering, and selling dinnerware products bearing designs from Oneidas SANT

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ANDREA brand, including products bearing the BOTTICELLI Trade Dress and NEXUS

Trade Dress.

74. In mid-January 2017, Oneidas business and legal representatives traveled to

Youngstown, Ohio for an in-person meeting with Steelite. The parties agreed to a standstill

agreement while there were further discussions. In early February, Oneida participated in good

faith in a mediation in Pittsburgh, again sending its top business and legal representatives.

Exiting the mediation, Oneida was led to believe that the parties were still in good faith

negotiations and were on pace to amicably resolve all disputes. Oneida entered another standstill

agreement on that basis.

75. Within forty-eight hours of the mediation, on February 9-11, 2017, at the North

American Association of Food Equipment Manufacturers (NAFEM) trade show in Orlando,

Florida, Steelite displayed products identical to Oneidas SANT ANDREA line of products.

76. On information and belief, at that trade show and elsewhere Steelite told

customers that by March 1, 2017, it would deliver the products from Royal Porcelain that Oneida

had exclusively sold and that Steelites new products would be identical to Oneidas.

77. At the NAFEM, Steelite displayed and offered dinnerware products bearing the

exact same designs of those from Oneidas SANT ANDREA brand, including products

bearing Oneidas BOTTICELLI Trade Dress that were manufactured by Royal Porcelain under

the name Belisa. Steelites Belisa products are identical to Oneidas BOTTICELLI

dinnerware and include all of the elements of Oneidas distinctive BOTTICELLI Trade Dress.

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Oneidas BOTTICELLI Products Steelites Belisa Products

78. Steelites use of Oneidas intellectual property is clearly calculated to confuse

consumers into believing that Oneida has authorized, endorsed, or sponsored Steelite dinnerware

products bearing the exact same designs of those from Oneidas SANT ANDREA brand,

including products bearing Oneidas BOTTICELLI Trade Dress, or they are affiliated or

associated with Oneida, all in violation of Oneidas intellectual property rights.

79. Steelites copying and use of Oneidas intellectual property in its marketing or

advertising, as well as its offering and sale of dinnerware products bearing the exact same

designs of those from Oneidas SANT ANDREA brand, including products bearing Oneidas

BOTTICELLI Trade Dress, is a clear and deliberate attempt to trade upon Oneidas valuable

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reputation and goodwill, absent any authorization from Oneida. Indeed, a likelihood of

confusion of Steelites dinnerware products with Oneidas SANT ANDREA brand, due to

Steelites wholesale copying, in bad faith, of Oneidas intellectual property, can be presumed.

80. A significant proportion of the consuming public is likely to be confused by

Steelites use of Oneidas intellectual property in the manner described above and is likely to

believe that Steelites dinnerware products bearing the exact same designs of those from

Oneidas SANT ANDREA brand derive from Oneida or are associated or affiliated with,

and/or endorsed or sponsored by, Oneida.

81. Oneida has not provided, and no Defendant has received, written authorization

permitting the disclosure of Oneida trade secrets or confidential information to any other entity.

Neither Steelite nor Tablewerks or Erwin has a right to acquire and/or use any Oneida trade

secrets or confidential information disclosed without authorization from Oneida.

82. On information and belief, Steelite, Tablewerks, and/or Erwin conspired with and

induced one or more of Lefkowitz, DeLosReyes, and/or others to threaten to misappropriate

Oneida trade secrets and confidential information in violation of contractual obligations owed to

Oneida, and in violation of federal and state laws. For example, in offering and selling Steelite

dinnerware products bearing Oneidas distinctive trade dress to Oneidas customers, Lefkowitz

and DeLosReyes must be disclosing or using Oneidas trade secrets to benefit Steelite and to

injure Oneida. As another example, Sullivan sent an email to Erwin at Tablewerks that

contained a link and credentials for accessing a confidential video from Oneidas CEO that

includes Oneida trade secrets and confidential information. In addition, on May 31, 2014,

February 29, 2016, and April 21, 2016, Sullivan forwarded confidential Oneida information to

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Rick Erwin of Tablewerks. None of Steelite, Tablewerks, or Erwin sought or obtained Oneidas

permission to receive or use such information.

83. On information and belief, each of the Defendants knowingly acquired, disclosed,

and/or used Oneida trade secrets and confidential information to injure Oneida.

84. On information and belief, each of the Defendants threatens to misappropriate

Oneidas trade secrets and confidential information and, due to the nature of the trade secrets,

will inevitably disclose and/or use Oneidas trade secrets and confidential information to injure

Oneida.

85. On information and belief, each of the Defendants will inevitably disclose

Oneidas trade secrets and confidential information unless prevented from selling Royal

Porcelain products that were previously sold at any time under Oneidas brands, including but

limited to the SANT ANDREA brand and the BOTTICELLI and NEXUS dinnerware

lines.

86. As a direct consequence of Defendants conduct, Oneida has suffered and will

continue to suffer substantial and irreparable harm, including, but not limited to: (i) the loss of

customers trust and confidence; (ii) the creation of confusion among customers as to Oneidas

connection with, or endorsement or authorization of, Defendants and Steelites infringing

products; (iii) the loss of customers goodwill; (iv) the threatened loss of customers; (v) the

actual loss of customers and assets; (vi) injury to reputation; (vii) the disclosure and

misappropriation of Oneida trade secrets and confidential information; and (viii) other economic

harm to be shown.

87. In addition, Defendants have enriched themselves at Oneidas expense by

advertising and selling products that appropriates and exploits Oneidas protectable trade dress as

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well as Oneidas goodwill and reputation. Among the benefits Defendants have gained from this

conduct are increased revenues from the sale of their infringing products using the Oneida trade

dress, through consumer confusion as to the source of the products or their association or

connection with or endorsement of or authorization by Oneida, and increased goodwill.

88. Additionally, if Defendants are not enjoined from using and further

misappropriating Oneidas trade secrets and confidential information to unfairly solicit

customers, Oneida will be irreparably harmed.

89. Defendants, either directly or indirectly, threaten to and/or have utilized Oneida

trade secrets and confidential information for the purpose of soliciting customers and interfering

with their business relations with Oneida.

FIRST CAUSE OF ACTION


Against Steelite and Tablewerks for
Trade Dress Infringement Under the Lanham Act
(15 U.S.C. 1125(a))

90. Oneida repeats and re-alleges each and every allegation in the foregoing

paragraphs as if fully set forth herein.

91. Oneida owns the trade dress for dinnerware designs from Oneidas SANT

ANDREA brand, including Oneidas BOTTICELLI Trade Dress and NEXUS Trade Dress,

which are non-functional, inherently distinctive, and also have acquired substantial secondary

meaning in the marketplace by virtue of their use by Oneida in connection with the promotion

and sale of goods and services, and have developed valuable goodwill associated therewith.

92. Defendants Steelite and Tablewerks infringement and use in commerce of the

exact same designs of those from Oneidas SANT ANDREA brand, including Oneidas

BOTTICELLI Trade Dress and NEXUS Trade Dress has caused or is likely to cause

confusion, mistake, or deception as to (i) the affiliation, connection, or association of Oneida

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with Defendants Steelite and Tablewerks and their goods and commercial activities, and/or (ii)

the origin, sponsorship, endorsement, or approval of Defendants Steelite and Tablewerks goods

and commercial activities by Oneida, in violation of section 43(a) of the Lanham Act, 15 U.S.C.

1125(a).

93. On information and belief, Defendants Steelite and Tablewerks infringement of

Oneidas trade dress associated with Oneidas SANT ANDREA brand, including Oneidas

BOTTICELLI Trade Dress and NEXUS Trade Dress is willful, deliberate, and in bad faith.

94. Oneida has no adequate remedy at law. Defendants Steelite and Tablewerks

conduct has caused, and, if not enjoined, will continue to cause immediate and irreparable

damage to Oneidas trade dress rights, business, reputation, and goodwill in a manner that cannot

be adequately calculated or compensated in money damages alone.

95. Due to Defendants Steelite and Tablewerks violations of the Lanham Act,

Oneida is entitled to injunctive relief, actual and compensatory damages in an amount to be

determined at trial, disgorgement of profits, attorneys fees, costs, and interest.

SECOND CAUSE OF ACTION


Against Steelite and Tablewerks for
Trade Dress Infringement Under New York Common Law

96. Oneida repeats and re-alleges each and every allegation in the foregoing

paragraphs as if fully set forth herein.

97. Steelite and Tablewerks conduct as alleged above constitutes infringement and

misappropriation of the Oneida trade dress for dinnerware designs from Oneidas SANT

ANDREA brand, including Oneidas BOTTICELLI Trade Dress and NEXUS Trade Dress

in violation of Oneidas rights under common law and in equity.

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98. Upon information and belief, Steelite and Tablewerks actions were deliberate,

willful, and in conscious disregard of Oneidas rights.

99. Steelite and Tablewerks conduct as alleged above has caused and/or will cause

Oneida to suffer injury, for which it has no adequate remedy at law.

100. Oneida is entitled to injunctive relief, actual damages in an amount to be

determined at trial, to have such damages trebled, to Steelite and Tablewerks profits, to the costs

of this action, and to attorneys fees.

THIRD CAUSE OF ACTION


Against Steelite, Tablewerks, Erwin, Lefkowitz, and DeLosReyes for
Unfair Competition Under New York Common Law

101. Oneida repeats and re-alleges each and every allegation in the foregoing

paragraphs as if fully set forth herein.

102. Defendants Steelite and Tablewerks unauthorized use in commerce of Oneidas

trade dress associated with Oneidas SANT ANDREA brand, including Oneidas

BOTTICELLI Trade Dress and NEXUS Trade Dress is likely to cause confusion as to the

source, sponsorship, affiliation, or endorsement of those products.

103. Through their unauthorized use in commerce of Oneidas trade dress associated

with Oneidas SANT ANDREA brand, including Oneidas BOTTICELLI Trade Dress and

NEXUS Trade Dress, Defendants Steelite and Tablewerks have unfairly misappropriated the

significant commercial advantage belonging to Oneida by trading on the business, reputation,

and goodwill of Oneidas trade dress.

104. On information and belief, Defendants Steelite, Tablewerks, Erwin, Lefkowitz,

and DeLosReyes have each taken and exploited, or are threatening to exploit, Oneidas

confidential, proprietary, and trade secret information in unfair competition with Oneida.

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105. On information and belief, Defendants Steelite, Tablewerks, and Erwin have also

engaged in unfair competition by knowingly and intentionally (i) soliciting multiple high level

Oneida sales representatives who possessed Oneidas confidential, proprietary, and trade secret

information (ii) using that information to solicit and divert Oneidas clients; and (iii) copying

Oneidas trade dress and attempting to pass it off as Steelites own designs.

106. Defendants conduct has adversely affected the operations of Oneida while, at the

same time, permitted Steelite, Tablewerks, and Erwin to immediately supplant Oneida in its

market position by offering identical products to identical clients.

107. On information and belief, Defendants unfair competition is willful, deliberate,

and in bad faith.

108. Oneida has no adequate remedy at law. Defendants conduct has caused, and, if

not enjoined, will continue to cause immediate and irreparable damage to Oneidas trade dress

rights, business, reputation, and goodwill in a manner that cannot be adequately calculated or

compensated in money damages alone.

109. Due to Defendants violations of the New York unfair competition common law,

Oneida is entitled to injunctive relief to prevent Defendants from engaging in further acts of

unfair competition, as well as actual, compensatory, and punitive damages in an amount to be

determined at trial, disgorgement of profits, attorneys fees, costs, and interest.

FOURTH CAUSE OF ACTION


Against Steelite, Tablewerks, Erwin, Lefkowitz, and DeLosReyes for Actual or Threatened
Misappropriation of Trade Secrets Under the Defend Trade Secrets Act
(18 U.S.C. 1836 et seq.)

110. Oneida repeats and re-alleges each and every allegation in the foregoing

paragraphs as if fully set forth herein.

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111. Oneida owns and possesses certain confidential, proprietary, and trade secret

information, as alleged above.

112. This confidential, proprietary, and trade secret information relates to products and

services used, sold, shipped and ordered in, or intended to be used, sold, shipped, and/or ordered

in, interstate or foreign commerce.

113. Oneida has taken reasonable measures to keep such information secret and

confidential.

114. This confidential, proprietary, and trade secret information derives independent

economic value from not being generally known to, and not being readily ascertainable through

proper means by another person who could obtain economic value from the acquisition,

disclosure, or use of the information.

115. In violation of Oneidas rights, Defendants threaten to misappropriate and/or have

misappropriated Oneidas trade secrets and confidential information to injure Oneida.

116. Defendants have failed to return Oneidas confidential and trade secret

information, and attempted to conceal the theft of such information. On information and belief,

if Defendants conduct is not remedied, and if Defendants are not enjoined, Defendants will

acquire, disclose, and/or use for their own benefit and to Oneidas detriment, Oneidas trade

secret information.

117. As the direct and proximate result of Defendants conduct, Oneida has suffered

and, if not stopped, will continue to suffer, irreparable injury and significant damages, in an

amount to be proven at trial.

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118. Because Oneidas remedy at law is inadequate, Oneida seeks, in addition to

damages, injunctive relief to recover and protect its confidential, proprietary, and trade secret

information and other legitimate business interests.

119. Oneidas business is reliant on its business reputation and its ability to maintain

and grow its client base in a competitive market and will suffer irreparable harm absent

injunctive relief.

120. Oneida has been damaged by all of the foregoing, and is entitled to its damages,

in an amount to be determined at trial, as well as an award of exemplary damages and attorneys

fees.

FIFTH CAUSE OF ACTION


Against Steelite, Tablewerks, Erwin, and DeLosReyes for Actual or Threatened
Misappropriation of Trade Secrets Under New York law

121. Oneida repeats and re-alleges each and every allegation in the foregoing

paragraphs as if fully set forth herein.

122. Oneida owns and possesses certain confidential, proprietary, and trade secret

information, as alleged above.

123. This confidential, proprietary, and trade secret information relates to products and

services used, sold, shipped and ordered in, or intended to be used, sold, shipped, and/or ordered

in, interstate or foreign commerce.

124. Oneida has taken reasonable measures to keep such information secret and

confidential.

125. This confidential, proprietary, and trade secret information derives independent

economic value from not being generally known to, and not being readily ascertainable through

proper means by another person who could obtain economic value from the disclosure or use of

the information.
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126. In violation of Oneidas rights, Defendants Steelite, Tablewerks, and Erwin

threaten to misappropriate and/or have misappropriated Oneidas trade secrets and confidential

information and, due to the nature of the trade secrets, will inevitably disclose and/or use

Oneidas trade secrets and confidential information to injure Oneida.

127. Steelite, Tablewerks, and Erwin have failed to return Oneidas confidential and

trade secret information, and attempted to conceal the theft of such information. On information

and belief, if Defendants Steelite, Tablewerks, and Erwins conduct is not remedied, and if

Defendants Steelite, Tablewerks, and Erwin are not enjoined, Defendants Steelite, Tablewerks,

and Erwin will acquire, disclose, and/or use for their own benefit and to Oneidas detriment,

Oneidas trade secret information.

128. As the direct and proximate result of Defendants Steelite, Tablewerks, and

Erwins conduct, Oneida has suffered and, if not stopped, will continue to suffer, irreparable

injury and significant damages, in an amount to be proven at trial.

129. Because Oneidas remedy at law is inadequate, Oneida seeks, in addition to

damages, injunctive relief to recover and protect its confidential, proprietary, and trade secret

information and other legitimate business interests.

130. Oneidas business is reliant on its business reputation and its ability to maintain

and grow its client base in a competitive market and will suffer irreparable harm absent

injunctive relief.

131. Oneida has been damaged by all of the foregoing, and is entitled to its damages,

in an amount to be determined at trial, as well as an award of exemplary damages and attorneys

fees.

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SIXTH CAUSE OF ACTION


Against Lefkowitz for
Misappropriation of Trade Secret Under the Ohio Uniform Trade Secrets Act
(Ohio Rev. Code 1333.61 et seq.)

132. Oneida repeats and re-alleges each and every allegation in the foregoing

paragraphs as if fully set forth herein.

133. Oneida owns and possesses certain confidential, proprietary, and trade secret

information, as alleged above.

134. This confidential, proprietary, and trade secret information relates to products and

services used, sold, shipped and ordered in, or intended to be used, sold, shipped, and/or ordered

in, interstate or foreign commerce.

135. Oneida has taken reasonable measures to keep such information secret and

confidential.

136. This confidential, proprietary, and trade secret information derives independent

economic value from not being generally known to, and not being readily ascertainable through

proper means by another person who could obtain economic value from the acquisition,

disclosure or use of the information.

137. Defendant Lefkowitz threatens to misappropriate and/or has misappropriated

Oneidas trade secrets and confidential information and, due to the nature of the trade secrets,

will inevitably disclose and/or use Oneidas trade secrets and confidential information to injure

Oneida.

138. On information and belief, Defendant Lefkowitz has failed to return Oneidas

confidential and trade secret information, and attempted to conceal the theft of such information.

On information and belief, if Defendant Lefkowitzs conduct is not remedied, and if Defendant

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Lefkowitz is not enjoined, Defendant Lefkowitz will acquire, disclose, and/or use for his own

benefit and to Oneidas detriment, Oneidas trade secret information.

139. As the direct and proximate result of Defendant Lefkowitzs conduct, Oneida has

suffered and, if not stopped, will continue to suffer, irreparable injury and significant damages, in

an amount to be proven at trial.

140. Because Oneidas remedy at law is inadequate, Oneida seeks, in addition to

damages, injunctive relief to recover and protect its confidential, proprietary, and trade secret

information and other legitimate business interests.

141. Oneidas business is reliant on its business reputation and its ability to maintain

and grow its client base in a competitive market and will suffer irreparable harm absent

injunctive relief.

142. Oneida has been damaged by all of the foregoing, and is entitled to its damages,

in an amount to be determined at trial, as well as an award of exemplary damages and attorneys

fees.

SEVENTH CAUSE OF ACTION


Against Steelite and Tablewerks for
Breach of Contract

143. Oneida repeats and re-alleges each and every allegation in the foregoing

paragraphs as if fully set forth herein.

144. Oneidas valid and enforceable contracts with Tablewerks the Tablewerks

Confidentiality Agreement and the Vendor Agreement expressly preclude Tablewerks from (1)

selling Oneida designs supplied from Royal Porcelain to anyone other than Oneida and (2) using,

disclosing, or otherwise misappropriating any trade secret or proprietary information belonging

to Oneida, both during its relationship with Oneida and afterwards. Oneida has fully performed

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all promises and obligations required of it in accordance with the terms and conditions of these

contracts.

145. By virtue of its purported acquisition of substantially all of the assets and rights of

Tablewerks on December 12, 2016, Steelite is the successor in interest to Tablewerks liabilities,

including at least the Vendor Agreement and the Tablewerks Confidentiality Agreement, which

are binding on successors in interest.

146. Steelite, as Tablewerks successor in interest, has breached at least the Vendor

Agreement and the Tablewerks Confidentiality Agreement by, inter alia, (1) offering and selling

products previously supplied from Royal Porcelain to Oneida directly to Oneidas customers and

(2) acquiring, using, disclosing, or otherwise misappropriating Oneidas trade secret and

proprietary information without authorization and for the benefit of someone other than Oneida.

147. Tablewerks has breached at least the Vendor Agreement and the Tablewerks

Confidentiality Agreement by, inter alia, (1) offering and selling products previously supplied

from Royal Porcelain to Oneida directly to Oneidas customers and (2) acquiring, using,

disclosing, or otherwise misappropriating Oneidas trade secret and proprietary information

without authorization and for the benefit of someone other than Oneida.

148. As a direct and proximate result of Steelite and Tablewerks breaches of the

Tablewerks Confidentiality Agreement and the Vendor Agreement, Oneida has been damaged in

an amount in excess of the jurisdictional limits of this Court.

EIGHTH CAUSE OF ACTION


Against Steelite, Tablewerks, Erwin, Lefkowitz, and DeLosReyes for
Tortious Interference with Business Relations

149. Oneida repeats and re-alleges each and every allegation in the foregoing

paragraphs as if fully set forth herein.

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150. Defendants had knowledge of the existing business relations between Oneida and

its customers.

151. Defendants, directly or indirectly, have sought to interfere with Oneidas business

relations with its customers by entering into the type of acquisition Steelite purportedly made of

Tablewerks in view of the long history between Oneida and Tablewerks and/or by making

misrepresentations to Oneidas customers, with the intention of cutting off Oneidas supply to its

customers.

152. On information and belief, Defendants intentionally and willfully interfered with

Oneidas business relations with its customers.

153. The actions of Defendants were done with the unlawful purpose of causing

damage to Oneida, without justifiable cause.

154. As a result of the foregoing, Oneida has suffered and will continue to suffer

substantial harm and injury in an amount that cannot be adequately compensated by money

damages.

155. Injunctive relief is necessary to prevent imminent and irreparable harm.

PRAYER FOR RELIEF

WHEREFORE, Oneida respectfully requests that the Court enter judgment in its

favor and against Defendants as follows:

A. Enjoining and restraining Defendants, their officers, agents, servants,

employees, successors, and all persons acting in concert with them from

the marketing, promoting, offering for sale, selling, and distributing

products bearing Oneidas trade dress associated with Oneidas SANT

ANDREA brand, including Oneidas BOTTICELLI Trade Dress or

NEXUS Trade Dress;


37
Case 2:17-cv-00957-ADS-AKT Document 1 Filed 02/20/17 Page 38 of 40 PageID #: 38

B. Enjoining and restraining Defendants, their officers, agents, servants,

employees, successors, and all persons acting in concert with them from

refusing to accept and fulfill any commercially reasonable purchase order

Oneida presents for product sourced through Royal Porcelain bearing

Oneidas SANT ANDREA brand;

C. Enjoining Defendants, their officers, agents, servants, employees,

successors, and all persons acting in concert with them from violating

any legal and contractual duties to Oneida, from using any Oneidas

confidential and proprietary information, and order the return of all of

Oneidas property;

D. Entering orders and preliminary and permanent injunctions requiring

such affirmative acts as are appropriate to protect Oneidas trade dress,

trade secrets, and contractual rights, including but not limited to ordering

the return of all of Oneidas property and providing access to Defendant

Lefkowitzs computer for imaging by Oneida;

E. Ordering Defendants to account for and pay to Oneida all gains, profits,

and savings derived from their improper conduct;

F. Ordering Defendants to pay Oneida the damages sustained by Oneida as

a result of Defendants unlawful acts, including all damages measured by

the value of the benefit obtained by Defendants and treble damages as

provided by agreement or law;

38
Case 2:17-cv-00957-ADS-AKT Document 1 Filed 02/20/17 Page 39 of 40 PageID #: 39

G. Ordering Defendants to pay exemplary and punitive damages in an

amount sufficient to punish Defendants and to deter similar conduct in

the future;

H. Ordering Defendants to pay attorneys fees and all other costs Oneida

incurred in this action; and

I. Awarding such other relief as the Court deems just and equitable.

DEMAND FOR JURY TRIAL

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Oneida demands trial by

jury in this action of all issues so triable.

Dated: February 21, 2017 MILBANK, TWEED, HADLEY & MCCLOY LLP

By: /s/ Nathaniel T. Browand


Christopher J. Gaspar*
Nathaniel T. Browand
Ryan Hagglund
MILBANK, TWEED, HADLEY & MCCLOY LLP
28 Liberty Street
New York, NY 10005
(212) 530-5000

Mark C. Scarsi
MILBANK, TWEED, HADLEY & MCCLOY LLP
2029 Century Park East 33rd Floor
Los Angeles, CA 900067
(424) 386-4000

Kristin L. Yohannan*
MILBANK, TWEED, HADLEY & MCCLOY LLP
1850 K Street, NW, Suite 1100
Washington, D.C. 20006
(202) 835-7500

Attorneys for Plaintiff


The Oneida Group Inc.

* Pro hac vice admission to be requested promptly

39
Case 2:17-cv-00957-ADS-AKT Document 1 Filed 02/20/17 Page 40 of 40 PageID #: 40
Case 2:17-cv-00957-ADS-AKT Document 1-1 Filed 02/20/17 Page 1 of 2 PageID #: 41
JS 44 (Rev. 0/16) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS


The Oneida Group Inc. Steelite International U.S.A. Inc., Tablewerks Inc., Richard Erwin,
Steven Lefkowitz, and Anthony DeLosReyes

(b) County of Residence of First Listed Plaintiff Fairfield County of Residence of First Listed Defendant Lawrence
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Mark Scarsi, Christopher Gaspar, Nathaniel Browand, & Ryan Hagglund,
Milbank, Tweed, Hadley & McCloy LLP, 28 Liberty Street,
New York, NY 10005 Tel: (212) 530-5000

II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State u 1 u 1 Incorporated or Principal Place u 4 u 4
of Business In This State

u 2 U.S. Government u 4 Diversity Citizen of Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a u 3 u 3 Foreign Nation u 6 u 6


Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - of Property 21 USC 881 u 423 Withdrawal u 376 Qui Tam (31 USC
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 3729(a))
u 140 Negotiable Instrument Liability u 367 Health Care/ u 400 State Reapportionment
u 150 Recovery of Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 410 Antitrust
& Enforcement of Judgment Slander Personal Injury u 820 Copyrights u 430 Banks and Banking
u 151 Medicare Act u 330 Federal Employers Product Liability u 830 Patent u 450 Commerce
u 152 Recovery of Defaulted Liability u 368 Asbestos Personal u 840 Trademark u 460 Deportation
Student Loans u 340 Marine Injury Product u 470 Racketeer Influenced and
(Excludes Veterans) u 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations
u 153 Recovery of Overpayment Liability PERSONAL PROPERTY u 710 Fair Labor Standards u 861 HIA (1395ff) u 480 Consumer Credit
of Veterans Benefits u 350 Motor Vehicle u 370 Other Fraud Act u 862 Black Lung (923) u 490 Cable/Sat TV
u 160 Stockholders Suits u 355 Motor Vehicle u 371 Truth in Lending u 720 Labor/Management u 863 DIWC/DIWW (405(g)) u 850 Securities/Commodities/
u 190 Other Contract Product Liability u 380 Other Personal Relations u 864 SSID Title XVI Exchange
u 195 Contract Product Liability u 360 Other Personal Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 890 Other Statutory Actions
u 196 Franchise Injury u 385 Property Damage u 751 Family and Medical u 891 Agricultural Acts
u 362 Personal Injury - Product Liability Leave Act u 893 Environmental Matters
Medical Malpractice u 790 Other Labor Litigation u 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 791 Employee Retirement FEDERAL TAX SUITS Act
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: Income Security Act u 870 Taxes (U.S. Plaintiff u 896 Arbitration
u 220 Foreclosure u 441 Voting u 463 Alien Detainee or Defendant) u 899 Administrative Procedure
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRSThird Party Act/Review or Appeal of
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 Agency Decision
u 245 Tort Product Liability Accommodations u 530 General u 950 Constitutionality of
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION State Statutes
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions of
Confinement
V. ORIGIN (Place an X in One Box Only)
u 1 Original u 2 Removed from u 3 Remanded from u 4 Reinstated or u 5 Transferred from u 6 Multidistrict u 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation - Litigation -
(specify) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
15 U.S.C. Section 1125(a); 18 U.S.C. Section 1836
VI. CAUSE OF ACTION Brief description of cause:
Trade Dress Infringement, Trade Secret Misappropriation
VII. REQUESTED IN u CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
(See instructions):
IF ANY JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE


Case 2:17-cv-00957-ADS-AKT Document 1-1 Filed 02/20/17 Page 2 of 2 PageID #: 42
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H[FOXVLYHRILQWHUHVWDQGFRVWVDUHHOLJLEOHIRUFRPSXOVRU\DUELWUDWLRQ7KHDPRXQWRIGDPDJHVLVSUHVXPHGWREHEHORZWKHWKUHVKROGDPRXQWXQOHVVD
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EHFDXVHWKHFDVHVDULVHIURPWKHVDPHWUDQVDFWLRQVRUHYHQWVDVXEVWDQWLDOVDYLQJRIMXGLFLDOUHVRXUFHVLVOLNHO\WRUHVXOWIURPDVVLJQLQJERWKFDVHVWRWKH
VDPHMXGJHDQGPDJLVWUDWHMXGJH5XOH E SURYLGHVWKDW$FLYLOFDVHVKDOOQRWEHGHHPHGUHODWHGWRDQRWKHUFLYLOFDVHPHUHO\EHFDXVHWKHFLYLO
FDVH $ LQYROYHVLGHQWLFDOOHJDOLVVXHVRU % LQYROYHVWKHVDPHSDUWLHV5XOH F IXUWKHUSURYLGHVWKDW3UHVXPSWLYHO\DQGVXEMHFWWRWKHSRZHU
RIDMXGJHWRGHWHUPLQHRWKHUZLVHSXUVXDQWWRSDUDJUDSK G FLYLOFDVHVVKDOOQRWEHGHHPHGWREHUHODWHGXQOHVVERWKFDVHVDUHVWLOOSHQGLQJEHIRUHWKH
FRXUW

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No

  ,I\RXDQVZHUHGQRDERYH
D 'LGWKHHYHQWVRURPLVVLRQVJLYLQJULVHWRWKHFODLPRUFODLPVRUDVXEVWDQWLDOSDUWWKHUHRIRFFXULQ1DVVDXRU6XIIRON
&RXQW\"BBBBBBBBBBBBBBBBBBBBBBBBB
Yes

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<HV ,I\HVSOHDVHH[SODLQ  1R

,FHUWLI\WKHDFFXUDF\RIDOOLQIRUPDWLRQSURYLGHGDERYH
/s/ Nathaniel T. Browand
6LJQDWXUHBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
Case 2:17-cv-00957-ADS-AKT Document 1-2 Filed 02/20/17 Page 1 of 2 PageID #: 43

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
Eastern District
__________ of of
District New York
__________

The Oneida Group Inc. )


)
)
)
Plaintiff(s) )
)
v. Civil Action No. 2:17-cv-957
)
Steelite International U.S.A. Inc., Tablewerks, Inc., )
Richard Erwin, Steven Lefkowitz, and Anthony )
DeLosReyes )
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) Steelite International, Inc.


154 Keystone Drive
New Castle, Pennsylvania 16105

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Mark Scarsi, Christopher Gaspar, Nathaniel Browand, and Ryan Hagglund
Milbank, Tweed, Hadley & McCloy LLP
28 Liberty Street
New York, NY 10005

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

DOUGLAS C. PALMER
CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
Case 2:17-cv-00957-ADS-AKT Document 1-2 Filed 02/20/17 Page 2 of 2 PageID #: 44

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 2:17-cv-957

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)


was received by me on (date) .

I personally served the summons on the individual at (place)


on (date) ; or

I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or

I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

Print Save As... Reset


Case 2:17-cv-00957-ADS-AKT Document 1-3 Filed 02/20/17 Page 1 of 2 PageID #: 45

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
Eastern District
__________ of of
District New York
__________

The Oneida Group Inc. )


)
)
)
Plaintiff(s) )
)
v. Civil Action No. 2:17-cv-957
)
Steelite International U.S.A. Inc., Tablewerks, Inc., )
Richard Erwin, Steven Lefkowitz, and Anthony )
DeLosReyes )
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) Tablewerks, Inc. also known as North Rock Trading Company, Inc.
24 Audrey Avenue
Oyster Bay, New York 11771

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Mark Scarsi, Christopher Gaspar, Nathaniel Browand, and Ryan Hagglund
Milbank, Tweed, Hadley & McCloy LLP
28 Liberty Street
New York, NY 10005

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

DOUGLAS C. PALMER
CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
Case 2:17-cv-00957-ADS-AKT Document 1-3 Filed 02/20/17 Page 2 of 2 PageID #: 46

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 2:17-cv-957

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)


was received by me on (date) .

I personally served the summons on the individual at (place)


on (date) ; or

I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or

I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

Print Save As... Reset


Case 2:17-cv-00957-ADS-AKT Document 1-4 Filed 02/20/17 Page 1 of 2 PageID #: 47

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
Eastern District
__________ of of
District New York
__________

The Oneida Group Inc. )


)
)
)
Plaintiff(s) )
)
v. Civil Action No. 2:17-cv-957
)
Steelite International U.S.A. Inc., Tablewerks, Inc., )
Richard Erwin, Steven Lefkowitz, and Anthony )
DeLosReyes )
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) Richard Erwin


12 Sound Bay Drive
Lloyd Harbor, New York 11743

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Mark Scarsi, Christopher Gaspar, Nathaniel Browand, and Ryan Hagglund
Milbank, Tweed, Hadley & McCloy LLP
28 Liberty Street
New York, NY 10005

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

DOUGLAS C. PALMER
CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
Case 2:17-cv-00957-ADS-AKT Document 1-4 Filed 02/20/17 Page 2 of 2 PageID #: 48

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 2:17-cv-957

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)


was received by me on (date) .

I personally served the summons on the individual at (place)


on (date) ; or

I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or

I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

Print Save As... Reset


Case 2:17-cv-00957-ADS-AKT Document 1-5 Filed 02/20/17 Page 1 of 2 PageID #: 49

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
Eastern District
__________ of of
District New York
__________

The Oneida Group Inc. )


)
)
)
Plaintiff(s) )
)
v. Civil Action No. 2:17-cv-957
)
Steelite International U.S.A. Inc., Tablewerks, Inc., )
Richard Erwin, Steven Lefkowitz, and Anthony )
DeLosReyes )
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) Steven Lefkowitz


6 Taft Drive
Smithtown, New York 11787

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Mark Scarsi, Christopher Gaspar, Nathaniel Browand, and Ryan Hagglund
Milbank, Tweed, Hadley & McCloy LLP
28 Liberty Street
New York, NY 10005

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

DOUGLAS C. PALMER
CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
Case 2:17-cv-00957-ADS-AKT Document 1-5 Filed 02/20/17 Page 2 of 2 PageID #: 50

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 2:17-cv-957

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)


was received by me on (date) .

I personally served the summons on the individual at (place)


on (date) ; or

I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or

I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

Print Save As... Reset


Case 2:17-cv-00957-ADS-AKT Document 1-6 Filed 02/20/17 Page 1 of 2 PageID #: 51

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
Eastern District
__________ of of
District New York
__________

The Oneida Group Inc. )


)
)
)
Plaintiff(s) )
)
v. Civil Action No. 2:17-cv-957
)
Steelite International U.S.A. Inc., Tablewerks, Inc., )
Richard Erwin, Steven Lefkowitz, and Anthony )
DeLosReyes )
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendants name and address) Anthony DeLosReyes


3 Yardley Drive
Dix Hills, New York 11746

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are: Mark Scarsi, Christopher Gaspar, Nathaniel Browand, and Ryan Hagglund
Milbank, Tweed, Hadley & McCloy LLP
28 Liberty Street
New York, NY 10005

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

DOUGLAS C. PALMER
CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk
Case 2:17-cv-00957-ADS-AKT Document 1-6 Filed 02/20/17 Page 2 of 2 PageID #: 52

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No. 2:17-cv-957

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)


was received by me on (date) .

I personally served the summons on the individual at (place)


on (date) ; or

I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or

I served the summons on (name of individual) , who is


designated by law to accept service of process on behalf of (name of organization)
on (date) ; or

I returned the summons unexecuted because ; or

Other (specify):
.

My fees are $ for travel and $ for services, for a total of $ 0.00 .

I declare under penalty of perjury that this information is true.

Date:
Servers signature

Printed name and title

Servers address

Additional information regarding attempted service, etc:

Print Save As... Reset


Case 2:17-cv-00957-ADS-AKT Document 1-7 Filed 02/20/17 Page 1 of 2 PageID #: 53

EXHIBIT 1
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Case 2:17-cv-00957-ADS-AKT Document 1-8 Filed 02/20/17 Page 1 of 10 PageID #: 55

EXHIBIT 2
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Case 2:17-cv-00957-ADS-AKT Document 1-8 Filed 02/20/17 Page 3 of 10 PageID #: 57

Botticelli
A dramatic steep rim embossed with hand-carved textures creates an impressive showcase for food presentations.
Created by the award-winning European design team of Queensbury-Hunt, Botticelli appeals to both casual and fine
dining settings.

Limited 3-year no-chip warranty


Recommended for use in the healthcare industry

www.foodservice.oneida.com Designing the dining experience.


Case 2:17-cv-00957-ADS-AKT Document 1-8 Filed 02/20/17 Page 4 of 10 PageID #: 58

Bouillon Plate (Deep) A.D. Cup


R457 705 (2 14"/ 5.8 cm), 3 doz R457 154 (11" / 27.5 cm), 1 doz R457 525 (2"/ 5 cm), 3 doz
9 oz / 26.6 cl R457 159 (11516"/ 28.3 cm), 1 doz 312 oz / 10.4 cl

Fruit/Condiments
R457 710 (418"/ 10.3 cm), 3 doz Cup (Tall)
Plate (Square Rim) R457 512 (3"/ 7.5 cm), 3 doz
R457 136S (812"/ 21.3 cm), 2 doz 912 oz / 28.1 cl
R457 147S (978"/ 24.7 cm), 1 doz

Bowl Cereal
R457 760 (512"/ 13.8 cm), 3 doz
15 oz / 44.4 cl Cup (Stackable)
R457 531 (234"/ 7 cm), 3 doz
9 oz / 26.6 cl

Plate
Bowl (Deep)
R457 118 (638"/ 16 cm), 3 doz
R457 797RC (9/22.5 cm), 2 Doz
R457 127 (714"/ 18.3 cm), 3 doz
36 oz / 107.9 cl
R457 134 (838"/ 21 cm), 3 doz Mug
R457 139 (9"/ 22.5 cm), 2 doz R457 572 (334"/ 9.5 cm), 3 doz
R457 149 (1014"/ 25.8 cm), 1 doz 12 oz / 35.5 cl
New | R457 152 (1058, 26.9 cm), 1 Doz
R457 155 (11"/ 27.5 cm), 1 doz
Soup Rim (Deep)
R457 162 (1178"/ 29.8 cm), 1 doz
R457 740 (914"/ 23.3 cm), 3 doz
R457 167 (1212"/ 31.3 cm), 1 doz

Saucer
R457 500 (6"/ 15 cm), 3 doz
Pasta Bowl A.D. Saucer
R457 751 (1058" / 26.6 cm), 1 doz R457 505 (412"/ 11.3 cm), 3 doz
R457 785 (1178"/ 29.8 cm), 1 doz
Platter (Rectangle Rim)
R457 359 (1138" x 7" / 29 cm), 1 doz
R457 384 (1412" x 10" / 36.8 cm),
1 doz Creamer
R457 804 (2 34"/ 7 cm), 3 doz
6 oz / 17.7 cl
Bowl Pasta (top hat)
R457 795 (12" / 30 cm), 1 doz R457 808 (314"/ 8.3 cm), 3 doz
10 oz / 29.6 cl

Platter
R457 367 (12 12" x 9" / 31.8 cm), 1 doz Sugar Packette
R457 383 (1412" x 10" / 36.8 cm), 1 doz R457 906 (334" x 234"), 3 doz

foodservicesales@oneida.com
Oneida, NY 13421-2829 PH: 800-828-7033
All pattern names and designs are intellectual properties of Oneida Ltd.,
and its subsidiaries, affiliates and/or licensors. Oneida Ltd. 2012
06/12 H-2149

www.foodservice.oneida.com
Case 2:17-cv-00957-ADS-AKT Document 1-8 Filed 02/20/17 Page 5 of 10 PageID #: 59
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Case 2:17-cv-00957-ADS-AKT Document 1-8 Filed 02/20/17 Page 10 of 10 PageID #: 64

Fine Dining
Cup (Stackable)
R457 531 (234"/ 7 cm), 3 doz
9 oz / 26.6 cl

Botticelli
Fine Porcelain (0000)
Mug
R457 572 (334"/ 9.5 cm), 3 doz
12 oz / 35.5 cl
A dramatic steep rim embossed with hand-carved textures creates an impressive showcase for food
presentations. Created by the award-winning European design team of Queensbury-Hunt, Botticelli
appeals to both casual and fine dining settings.
Saucer
Limited 3-year no-chip warranty R457 500 (6"/ 15 cm), 3 doz
Recommended for use in the healthcare industry A.D. Saucer
R457 505 (412"/ 11.3 cm), 3 doz

Bouillon
Creamer
R457 705 (2 14"/ 5.8 cm), 3 doz
R457 804 (2 34"/ 7 cm), 3 doz
9 oz / 26.6 cl
6 oz / 17.7 cl
Platter (Rectangle Rim)
R457 359 (1138" x 7" / 29 cm), 1 doz R457 808 (314"/ 8.3 cm), 3 doz
Plate R457 384 (1412" x 10" / 36.8 cm), 10 oz / 29.6 cl
Fruit/Condiments R457 118 (638"/ 16 cm), 3 doz 1 doz
R457 710 (418"/ 10.3 cm), 3 doz R457 127 (714"/ 18.3 cm), 3 doz
R457 134 (838"/ 21 cm), 3 doz
R457 139 (9"/ 22.5 cm), 2 doz
R457 149 (1014"/ 25.8 cm), 1 doz
Sugar Packette
R457 155 (11"/ 27.5 cm), 1 doz
R457 906 (334" x 234"), 3 doz
R457 162 (1178"/ 29.8 cm), 1 doz
Bowl Cereal R457 167 (1212"/ 31.3 cm), 1 doz
R457 760 (512"/ 13.8 cm), 3 doz
15 oz / 44.4 cl Platter
R457 367 (12 12" x 9" / 31.8 cm), 1 doz
R457 383 (1412" x 10" / 36.8 cm), 1 doz

Plate Cover (Square)


Bowl (Deep) J0143030A (812"/ 21.6 cm)
R457 797 (818"/ 20.3 cm), 2 doz Plate (Deep) (Fits R457-136S)
R457 159 (11516"/ 28.3 cm), 1 doz Plate Cover (Square)
J0143030B (10"/ 25.1 cm)
A.D. Cup (Fits R457-147S)
R457 525 (2"/ 5 cm), 3 doz
S AN T A N DRE A D IN N ER WA RE

S AN T A N DRE A D IN N ER WA RE
312 oz / 10.4 cl
Soup Rim (Deep)
R457 740 (914"/ 23.3 cm), 3 doz

Plate Cover (Rectangle)


Plate (Square Rim) Cup (Tall) J0093061A (1138" x 7"/ 28.7 x 17.8 cm)
Bowl Pasta R457 136S (812"/ 21.3 cm), 2 doz R457 512 (3"/ 7.5 cm), 3 doz (Fits R457-359)
R457 785 (1178"/ 29.8 cm), 1 doz R457 147S (978"/ 24.7 cm), 1 doz 912 oz / 28.1 cl Platter Cover (Rectangle)
J0093061B (1412" x 5"/ 36.8 x 12.7 cm)
(Fits R457-389)

76 All volumes stated are in ounces and are approximations. 77


Shown: Botticelli Dinnerware, Rossini Flatware, Daniela Crystal
Case 2:17-cv-00957-ADS-AKT Document 1-9 Filed 02/20/17 Page 1 of 22 PageID #: 65

EXHIBIT 3
Case 2:17-cv-00957-ADS-AKT Document 1-9 Filed 02/20/17 Page 2 of 22 PageID #: 66
Case 2:17-cv-00957-ADS-AKT Document 1-9 Filed 02/20/17 Page 3 of 22 PageID #: 67
Case 2:17-cv-00957-ADS-AKT Document 1-9 Filed 02/20/17 Page 4 of 22 PageID #: 68
Case 2:17-cv-00957-ADS-AKT Document 1-9 Filed 02/20/17 Page 5 of 22 PageID #: 69
Case 2:17-cv-00957-ADS-AKT Document 1-9 Filed 02/20/17 Page 6 of 22 PageID #: 70
Case 2:17-cv-00957-ADS-AKT Document 1-9 Filed 02/20/17 Page 7 of 22 PageID #: 71
Case 2:17-cv-00957-ADS-AKT Document 1-9 Filed 02/20/17 Page 8 of 22 PageID #: 72
Case 2:17-cv-00957-ADS-AKT Document 1-9 Filed 02/20/17 Page 9 of 22 PageID #: 73
Case 2:17-cv-00957-ADS-AKT Document 1-9 Filed 02/20/17 Page 10 of 22 PageID #: 74
Case 2:17-cv-00957-ADS-AKT Document 1-9 Filed 02/20/17 Page 11 of 22 PageID #: 75
Case 2:17-cv-00957-ADS-AKT Document 1-9 Filed 02/20/17 Page 12 of 22 PageID #: 76
Case 2:17-cv-00957-ADS-AKT Document 1-9 Filed 02/20/17 Page 13 of 22 PageID #: 77
Case 2:17-cv-00957-ADS-AKT Document 1-9 Filed 02/20/17 Page 14 of 22 PageID #: 78

Nexus
Nexus is the very first Sant' Andrea Hotel Porcelain collection. The unique, arcing Nexus decoration adorns the fash-
ion-forward Trapeze shape. Created by the world-renowned English design team of David Queensberry and Martin
Hunt, Nexus on Trapeze is a daring statement in contemporary tabletop style.

Cutting edge shape design and decoration


Limited 3-year no chip warranty on round items
High fire bright white porcelain glaze - enhanced resistance to scratching and metal marking

www.foodservice.oneida.com
Designing the dining experience.
Case 2:17-cv-00957-ADS-AKT Document 1-9 Filed 02/20/17 Page 15 of 22 PageID #: 79

Fruit (Round) Platter (Rectangle)


W6052344710 (514"/ 13.1 cm), 3 doz W6052344330 (778" x 6 14")
Bowl Salad Deep (Square) Saucer
12 34 oz / 37.9 cl (19.7 cm x 15.6 cm), 3 doz
W6052344742S (8"/ 20 cm), 1 doz W6052344500
W6052344359 (1138" x 6 78")
6738 oz / 199.1 cl (614"/ 15.6 cl), 3 doz
(28.8 cm x 17.2 cm), 3 doz

Soup/Cereal (Round)
W6052344720 (614"/ 15.6 cm), 3 doz
2534 oz / 76.3 cl Bowl Dip (Square)
New | W6052344736 (82"/21.6 cm). 2 Doz W6052344982S
452 oz. 134.6cl (312"/ 8.8 cm), 6 doz
3 34 oz / 10.9 cl

Platter (Rectangle)
W6052344372 (13" x 9"), 1 doz
Bowl Pasta Deep (Square)
W6052344751S (978"/ 24.7 cm), 1 d oz
49 oz / 144.9 cl
Bowl (w/Cover)
Bowl Salad Deep (Round) Cup Espresso W6052344900
W6052344758 (878"/ 22.2 cm), 2 doz W6052344515 (31116 oz / 10.9 cl), (1134 oz / 34.9 cl), 3 doz
2512 oz / 75.1 cl 3 doz Cover Only (for 900)
W6050000900L, 6 doz

Plate Flat (Round) Saucer Espresso


W6052344117 (614"/ 15.6 cm), 3 doz W6052344505 (434"/ 11.9 cm), Teapot
W6052344139 (9"/ 22.5 cm), 2 doz 3 doz W6052344862
Bowl Pasta Deep (Round) W6052344149 (1014"/ 26 cm), 1 doz (17 oz / 50.3 cl), 2 doz
W6052344790 (11/ 27.5 cm), 1 doz W6052344155 (11"/ 27.5 cm), 1 doz
4734 oz / 141.1 cl W6052344163 (12"/ 30.5 cm), 1 doz

Fruit (Square) Cup (Stackable)


W6052344711S (51116"/ 13.9 cm), 3 doz W6052344530 (834 oz / 25.9 cl),
1578 oz / 47.0 cl 3 doz
Creamer
W6052344805
(5 oz / 14.8 cl), 3 doz

Soup/Cereal Deep (Square) Plate Flat (Square)


W6052344741S (614"/ 15.6 cm), 3 doz W6052344136S (812"/ 21.3 cm), 2 doz Mug (Stackable)
2778 oz / 82.5 cl W6052344154S (1034"/ 27.3 cm), 1 doz W6052344563 (1212 oz / 37 cl), 3 doz

foodservicesales@oneida.com
Oneida, NY 13421-2829 PH: 800-828-7033
All pattern names and designs are intellectual properties of Oneida Ltd.,
and its subsidiaries, affiliates and/or licensors. Oneida Ltd. 2012
06/12 H-2156

www.foodservice.oneida.com
Case 2:17-cv-00957-ADS-AKT Document 1-9 Filed 02/20/17 Page 16 of 22 PageID #: 80
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Case 2:17-cv-00957-ADS-AKT Document 1-9 Filed 02/20/17 Page 18 of 22 PageID #: 82
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Case 2:17-cv-00957-ADS-AKT Document 1-9 Filed 02/20/17 Page 20 of 22 PageID #: 84

WORLD CLASS DESIGN

Designing the dining experience.

DINNERWARE
Case 2:17-cv-00957-ADS-AKT Document 1-9 Filed 02/20/17 Page 21 of 22 PageID #: 85

Luxury Dining
Nexus
Fine Porcelain (2344)
Nexus is the very first Wedgwood Hotel Porcelain collection. The unique, arcing Nexus decoration
adorns the fashion-forward Trapeze shape. Created by the world-renowned English design team of
David Queensberry and Martin Hunt, Nexus on Trapeze is a daring statement in contemporary
tabletop style.

Cutting edge shape design and decoration


Limited 3-year no chip warranty on round items
High fire bright white porcelain glaze - enhanced resistance to scratching and metal marking

Fruit (Round)
W6052344710 (514"/ 13.1 cm), 3 doz
12 34 oz / 37.9 cl Bowl Salad Deep (Square)
W6052344742S (8"/ 20 cm), 1 doz
6738 oz / 199.1 cl

Bowl Pasta Deep (Round)


W6052344790 (11/ 27.5 cm), 1 doz
4734 oz / 141.1 cl

Soup/Cereal (Round)
W6052344720 (614"/ 15.6 cm), 3 doz
2534 oz / 76.3 cl
Fruit (Square) Bowl Pasta Deep (Square)
W6052344711S (51116"/ 13.9 cm), 3 doz W6052344751S (978"/ 24.7 cm), 1 d oz
1578 oz / 47.0 cl 49 oz / 144.9 cl

( Continued on next page )


W EDGW OO D DI N N ER WA RE

W EDGW OO D DI N N ER WA RE
Bowl Salad Deep (Round) Soup/Cereal Deep (Square)
W6052344758 (878"/ 22.2 cm), 2 doz W6052344741S (614"/ 15.6 cm), 3 doz
2512 oz / 75.1 cl 2778 oz / 82.5 cl
All volumes stated are in ounces and are approximations.

24 All volumes stated are in ounces and are approximations. 25


Shown: Nexus Dinnerware. Quantum Flatware, Authentis Crystal
Special Order
Case 2:17-cv-00957-ADS-AKT Document 1-9 Filed 02/20/17 Page 22 of 22 PageID #: 86

Luxury Dining
Cup Espresso Bowl (w/Cover)
W6052344515 (31116 oz / 10.9 cl), 3 doz W6052344900 (1134 oz / 34.9 cl), 3 doz
Cover Only (for 900)
W6050000900L, 6 doz

Plate Flat (Round)


W6052344117 (614"/ 15.6 cm), 3 doz
W6052344139 (9"/ 22.5 cm), 2 doz
Saucer Espresso
W6052344149 (1014"/ 26 cm), 1 doz
W6052344505 (434"/ 11.9 cm), 3 doz
W6052344155 (11"/ 27.5 cm), 1 doz
W6052344163 (12"/ 30.5 cm), 1 doz Teapot
W6052344862 (17 oz / 50.3 cl), 2 doz
Martin Hunt and David Queensberry are
specialists in the design of ceramics,
tableware, and household products; and
Cup (Stackable)
are amongst the most experienced
W6052344530 (834 oz / 25.9 cl), 3 doz
designers in Europe in this field.

Queensberry Hunt have won a number of


Creamer awards including the prestigious 50th Premio,
W6052344805 (5 oz / 14.8 cl), 3 doz from the Ceramic Museum in Faenza. Their
Plate Flat (Square) work is in the collections of many museums,
W6052344136S (812"/ 21.3 cm), 2 doz including The Victoria and Albert Museum in
W6052344154S (1034"/ 27.3 cm), 1 doz London, home to the world's greatest
Mug (Stackable) collection of decorative art.
W6052344563 (1212 oz / 37 cl), 3 doz
Queensberry-Oneida credits include:
Wedgwood Nexus
Sant` Andrea Botticelli
Sant` Andrea Queensberry

Platter (Rectangle)
W6052344330 (778" x 6 14")
(19.7 cm x 15.6 cm), 3 doz
W6052344359 (1138" x 6 78")
(28.8 cm x 17.2 cm), 3 doz
Saucer
W6052344500 (614"/ 15.6 cl), 3 doz

Platter (Rectangle) Bowl Dip (Square)


W6052344372 (13" x 9"), 1 doz W6052344982S (312"/ 8.8 cm), 6 doz
3 34 oz / 10.9 cl
W EDGW OO D DI N N ER WA RE

W EDGW OO D DI N N ER WA RE
The Nexus dinnerware configuration constitutes proprietary trade dress. Rights in
the trade dress will be enforced against unauthorized simulations. Oneida Ltd. owns
the trademark Nexus and is the exclusive distributor of the dinnerware in the United All volumes stated are in ounces and are approximations.
States.

26 All volumes stated are in ounces and are approximations. 27


Special Order
Case 2:17-cv-00957-ADS-AKT Document 1-10 Filed 02/20/17 Page 1 of 16 PageID #: 87

EXHIBIT 4
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Case 2:17-cv-00957-ADS-AKT Document 1-10 Filed 02/20/17 Page 11 of 16 PageID #: 97
Case 2:17-cv-00957-ADS-AKT Document 1-10 Filed 02/20/17 Page 12 of 16 PageID #: 98
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Case 2:17-cv-00957-ADS-AKT Document 1-10 Filed 02/20/17 Page 14 of 16 PageID #: 100
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EXHIBIT 5
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Case 2:17-cv-00957-ADS-AKT Document 1-11 Filed 02/20/17 Page 3 of 3 PageID #: 105
Case 2:17-cv-00957-ADS-AKT Document 1-12 Filed 02/20/17 Page 1 of 8 PageID #: 106

EXHIBIT 6
Case 2:17-cv-00957-ADS-AKT Document 1-12 Filed 02/20/17 Page 2 of 8 PageID #: 107
Case 2:17-cv-00957-ADS-AKT Document 1-12 Filed 02/20/17 Page 3 of 8 PageID #: 108
Case 2:17-cv-00957-ADS-AKT Document 1-12 Filed 02/20/17 Page 4 of 8 PageID #: 109
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Case 2:17-cv-00957-ADS-AKT Document 1-12 Filed 02/20/17 Page 6 of 8 PageID #: 111
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Case 2:17-cv-00957-ADS-AKT Document 1-13 Filed 02/20/17 Page 1 of 2 PageID #: 114

EXHIBIT 7
Case 2:17-cv-00957-ADS-AKT Document 1-13 Filed 02/20/17 Page 2 of 2 PageID #: 115

January 3, 2017

Corrie Byron
President Foodservice & International
Everyware Global
519 N. Pierce Avenue
Lancaster, OH 43130

Dear Corrie:

Please accept this letter as notice that effective today I will be ending my contract with
Everyware Global. I have enjoyed my long tenure with the company and hope that you
experience continued growth and success. As per our agreement, I will remain with the
company for 30 days through the end of business Friday, February 3, 2017 to assist in any
transition of my responsibilities.

I thank the company for all of the opportunity it has offered me over the last 25 years. I
can be reached on my cellular telephone at 516-445-2500. My personal email is
lefkowitz45@gmail.com.

Sincerely,

Steven Lefkowitz
Livmat Sales LLC
Case 2:17-cv-00957-ADS-AKT Document 1-14 Filed 02/20/17 Page 1 of 8 PageID #: 116

EXHIBIT 8
Case 2:17-cv-00957-ADS-AKT Document 1-14 Filed 02/20/17 Page 2 of 8 PageID #: 117

. CONSULTING AGREEMENT

This is a Consulting Agreement dated as of March l, 2012 (the "Effective


Date") between Oneida Ltd. 163-181 Kenwood Avenue, Oneida, New York 13421 and
Select Products, LLC., a limited liability company organized and existing under the laws of the State of
Florida with its principal office located at 840 Michigan Avenue, Miami, FL 33139 ("Consultant").

Recitals

A. Company is engaged in the business of marketing stainless steel flatware, china and
dishware and other tabletop products.

B. Consultant desires to provide mareting services for and on Company's behalf.

THE PARTIES, INTENDING TO BE LEGALLY BOUND, AGREE AS FOLLOWS:

1. Duties. Consultant shall serve as a sales agent and consultant to Company, and
otherwise assist Company by performing the services set forth on the Assignment Schedule attached as
Attachment A hereto (the Schedule"), as directed by Company (collectively, the
Consultant warants to Company that the Services shall be performed in a professional,
independent, proper, loyal, and efficient maner and Consultant shall be committed at all times to
promote Company's interests and reputation. Consultant shall at all times operate within Company's
policies and regulations, as in effect from time to time. The parties may create and/or amend the
Assignment Schedule as mutually agreed upon, and will indicate their agreement by initialing the
modified Assignment Schedule.

2. Contractor. Consultant is and will remain at all times an independent


contractor, and no provision of this Agreement is intended to create any relationship of employment,
joint venture, partnership, or agency between the parties. Consultant will have no authority to bind
Company, represent Company in any way, or otherwise execute any documents by or on behalf of
Company except as specifically authorized by an executive officer or Company's Board of Directors.
Consultant shall not be eligible to participate in any benefit plans, programs r arangements made
available to Company employees. Company shall not be required to withold from payments due
pursuant to this Agreement any federal, state or local withholding or other taxes. Consultant agrees to
indemnify, defend and hold Company hanless from and against any losses, claims, demands,
liabilities, costs or expenses arising out of or with respect to the treatment of Consultant as an
independent contractor, including without limitation any taxes, penalties or interest arising out of
Company's failure to treat Consultant as an employee or Consultant's failure to make all required
estimated payments and other tax payments to applicable federal, state and local tmcing authorities.

3. Term and This Agreement shall supersede any prior agreements and shall
commence as of the Effective Date and shall remain in effect until terminated by either party on 30
days ' written notice (the "Term"); provided that either party may terminate immediately this
Agreement upon written notice in the event the other party (i) commits any act of gross negligence,
willful misconduct or any other breach of its obligations under this Agreement, or (ii) becomes or is
declared bankrupt or insolvent or enters into liquidati on or is subject to any proceeding relating to its
bankruptcy or insolvency. Notwithstanding anything herein to the contrary, the obligations of
Consultant under paragraphs 5 through 8 shall continue notwithstanding termination of this Agreement

LOULibrary 0123541.0591384 1243970vl


Case 2:17-cv-00957-ADS-AKT Document 1-14 Filed 02/20/17 Page 3 of 8 PageID #: 118

for any reason. If Company tenninates this Agreement pursuant to this paragraph 3, Company will be
obligated to pay Consultant the compensation due under paragraph 4 through the date of tennination
and as expressly indicated on B (the and Company will have
no further obligations under this Agreement.

4. In consideration of the timely and proper performance by Consultant of


his Services, Company agrees to pay Consultant during the Term (i) a $14,167 monthly consulting fee
during the Term, (ii) an additional monthly consulting fee of $1331.86 which is intended to contribute
towards payment of Consultant's monthly healthcare premiums, and (iii) the fees described in
Attachment which will provide for compensation by Consultant for sales generated to Avendra,
Marott Hotels, Hilton Hotels, Sodexco, Aramark, RCCL, Carnival, NCL, and all other Cruise lines in
Florida and New York. Company will also reimburse Consultant for any reasonable and documented
expenses incured in connection with the performance of Consultant's Services in accordance with the
Company's Travel & Entertainment Policy then in effect. Any fees described in Attachment B will be
less of any commissions or fees paid to other direct or indirect sales individuals that are owed any
commissions on the accounts listed in this Agreement and as may be amended from time to time.

5. Non-Disclosure of Confidential Information. Consultant agrees that the Confidential


Information (defined below) is the exclusive property of Company and shall not be used by Consultant
or any of Consultant's representatives or afliates except strictly in the performance of Services
hereunder. Consultant shall not, misappropriate or disclose or make available any Confidential
Information to anyone at any time during or after the Term or subsequent to the tennination of this
Agreement for any reason, exce pt as required in the performance of the Consultant's Services. Upon
tennination of this Agreement, Consultant shall return all copies of any Confidential Information to
Company. For purposes of this Agreement, "Confidential Information" means all proprietary and/or
non public information concerning or related to the business, operations, financial condition or
prospects, Intellectual Property, Developments, inventions, discoveries, trade secrets, financing
sources, strategies, plans, processes, techniques, methods, formulae, ideas and know-how of Company,
regardless of the form in which such information appears and whether or not such information has been
,,
reduced to a tangible form whether or not such information has been marked "Confidential.

6. of Works and Inventions.

(a) Consultant shall disclose promptly to Company or its nominee ariy and all works,
inventions, discoveries and improvements authored, conceived or made by Consultant during the
course of performing Consultant's Services (collectively, and hereby assigns and
agrees to assign to Company or its nominee all of his rights, title and interest in and to any
Developments.

(b) Consultant shall, and he reby does, irrevocably assign to Company, or to any
party designated by Company, Consultant's entire right, title and interest in and to all Intellectual
Property (as hereinafter defined) that are made, conceived, or developed by Consultant, in whole or in
part, alone or jointly with others, within the scope of the Services performed by Consultant for the
Company. Such assignment shall include, without limitation, all rights in and to such Intellectual
Property. "Intellectual shall mean all discoveries, inventions, designs, improvements,
enhancements, ideas, concepts, techniques, lmow-how, software, documentation or other works of
authorship, specifications, data and database technologies, developments, formulae, processes, and

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computer software and programs (includ ing object and source code), whether or not copyrightable or
p atentable .

(c) Whenever r eques ted to do so by Comp any , Consultant shall execute any and all
applications, assignments or other instruments which Company shall deem necessary to protect
Company's interest with respect to works, inventions, discoveries and improvements authored,
conceived or made by Consultant during the course of performing Services, and the such obligations
shall be binding upon Consultant's assigns, executors, administrators and other legal re presentatives .
Consultant further recognizes and agrees that Consultant's duties may include the preparation of
mate rials, including written or graphic mate rials or software, and that any such materials conceived or

written by Consultant shall be done as "work made for hire" as defined and used in the Copyright Act
of 1976, 17 USC 1 Co nsu ltant also herey waives any and al of Consultant's moral rights,
including but not limited to rights of attribution, paternity and integrity, arising under any federal or
state law of the United States or any law of any other country, region or subdivision thereof, in and to
Consultant's performance of Services, and hereby agrees that Company and Company's successors,
assigns, and licensees or sub-licensees shall have all rights flowing from this waiver including, without
limitation, the right to modify said work for any and all past, present or future uses now lmown or
hereinafter discovered, and Consultant agrees to execute all further documentation, if any, necessary to
impleme nt or reflect this waiver.

7. Return of Materials. Upon the termination of this Agreement or the Services for any
reason, or, at any time upon Company's request, Consultant shall cease use of, and Consultant and its
representatives shall promptly deliver to Company (i) all correspondence, drawings, blueprints,
manuals, letters, notes, notebooks, reports, :flow-charts, discs, programs, proposals, laptops, cell phones
and other hardware and any other documents or materials used, developed or prepared by Company or
received, used, developed or prepared by Consultant in the performance of Services, and, without
limiting the foregoing, and (ii) any and all other documents or tangible materials containing or
constituting Confidential Information.

8. Restrictions.

(a) Consultant agrees that, while Consultant is engaged by Company and for a
period of 12 months after the final expiration or termination of the Term, Consultant shall not, directly
or indirectly, in any capacity whatsoever including, without limitation, as owner, employee or
co nsul tant (i) hire any pe rson, or solicit or entice, or attempt to solicit or entice, any person to

tenninate, alter or leave the employ of Company, or (ii) solicit any supplier or customer of C ompany to
termi nate or alter its rela tionshi p with Company.

(b) Consultant agrees and covenants that he will not at any time make, publish or
communicate to any person or entity or in any public forum any defamatory or disparaging remarks,
comments or statements concerning Company's or any affiliate's products or services, and existing and
prospective customers, suppliers, investors and other associated third parties, or make any maliciously
false statements about Company's or any affiliate's employees and officers.

(c) The provisions contained in this paragraph 8 as to the time periods, geographic
area and scope of activities restricted shall be deemed divisible, so that if any provis ion contained in

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.. '

this paragraph 8 is determined to be invalid or unenforceable, that provision shall be deemed modified
so as to be valid and enforceable to the full extent lawfully permitted.

9. The invalidity or unenforceability of any provision of this Agreement, or


any word, phrase, clause, sentence or other portion thereof, shall not afect the validity or enforceability
of any other provisions of this Agreement, which shall remain in full force and effect. If any of the
covenants or provisions of this Agreement are determined to be unenforceable by reason of its extent,
duration, scope or otherwise, then the parties contemplate that the court making such determination
shall reduce such extent, duration, scope or other provision and enforce them in their reduced form for
all purposes contemplated by this Agreement.

10. Miscellaneous.

(a) This Agreement shall be governed by and construed in accordance with the laws
of the State of New York, excluding its choice of law provisions. Any action or proceeding by either
p arty to enforce this Agreement shall be brought only in any state or federal court located in the State of
New York, County of Oneida. The parties hereby irrevocably submit to the exclusive jurisdiction of
such courts and waive the defense of inconvenient forum to the maintenance of any such action or
proceeding in such venue.

(b) The provisions of this Agreement may be amended or waived only with the prior
written consent of Company and Consultant, and no course of conduct or course of dealing or failure or
delay by any party hereto in enforcing or exercising any of the provisions of this Agreement shall afect
the validity, binding effect or enforceability of this Agreement or be deemed to be an implied waiver of
any provision of this Agreement. The Consultant hereby specifically waives and releases the Company
of any and all liability or obligations owed and due to Consultant under the Letter Agreement between
Oneida Ltd and Foster Sullivan dated October 28, 2011 ("Letter Agreement); for the avoidance of
doubt, the Letter Agreement is hereby terminated between the parties with no further liability.

(c) Company may assign this Agreement and any rights hereunder to (i) any of its
afliates, (ii) any successor to Company by means of merger, consolidation, purchase of Company's
stock or otherwise and/or (iii) any assignee of Company in connection with the purchase and sale of all
or any portion of Company's assets. Consultant may not assign this Agreement or any rights hereunder
without the prior written consent of Company.

(d) This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their respective successors and assigns, and, in the case of Consultant, Consultant's heirs,
executors and legal representatives.

(e) Consultant acknowledges and agrees that a remedy at law for any breach or
threatened breach of the provisions of paragraphs 5 through 8 would be inadequate and, therefore,
agrees that Company shall be entitled to injunctive relief in addition to any other available rights and
remedies in case of any such breach or threatened breach; provided, however, that nothing contained
herein shall be construed as prohibiting Company from pursuing any other rights and remedies
available for any such breach or threatened breach. The prevailing party in any dispute regarding the
enforcement of this Agreement will be entitled to its costs, including without limitation, its attorney's
.
fu

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(f) All notices or other communications required or permitted to be given or made


hereunder shall be in writing and delivered personally or sent by pre-paid, first class, certified or registered
air mail, return receipt requested to the intended recipient thereof at its or his address or facsimile number
set forth in the preamble above. Any such notice or communication shall be deemed to have been duly
given immediately (if given or made in person), or five days after mailing (if given or made by mail),
and in proving same it shall be sufficient to show that the envelope containing such notice or
communication was delivered to the delivery or postal service and duly addressed, or that receipt of a
facsimile was confirmed by the recipient as provided above. Any party may change the address to which
notices or other communications to such party shall be delivered by giving notice thereof to the other
parties hereto in the maner provided herein.

IN WI1NESS WHEREOF, the parties have caused this Agreement to be executed and delivered
as of the date first written above.

ONEIDA, LTD.
..

Title: [;y C.C Jp


SELECT PRODUCTS, LLC.

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.
! t">-.;,
.. .. '.r
..,
A'ITACHMENT A
TO
CONSULTING AGREEMENT

Scope of Services

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ATTACHMENTB
TO
CONSULTING AGREEMENT

Notwithstanding anything to the foregoing herein, the Consultant shall be eligible for a sales
commission bonus pased on gross margins (exclusive of allowances, returns, chargebacks, credits, or
any other deductions properly or otherwise taken) calculated from the Effective Date through
December 31, 2012 initially and thereafter during each calendar year on a year-over year basis on new
business of the following accounts, which may be modified from time to time by the Company prior to
the beginning of any new calendar sales commission period or calculated on a pro-rated basis
otherwise, and excluding replacement and replenishment business:
..
Gaylord Hotels
Trump Hotels
Atlantic Purchasing
Hilton Hotels
Aramark
Sodexo
Compass
White Lodging
Sunstone Hotels
Royal Caribbean Cruise Lines
Carnival Cruise Lines
Celebrity Cruise Lines
Norwegian Cruise Lines
Holland America Cruise
c/'1 -
Gross Mar s Commission
4o+% 6%
35-39.9% 5%
30-34.99% 4%
20-29.9% 2%
15-19.9% 1%
Below 15% 0%

Such sales commission bonus shall be due and payable in accordance with the Company's past
practices and policies, but in any event no later than April 15 following the calendar year end.

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EXHIBIT 9
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EXHIBIT 10
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