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JS 44C/SDNY
REV. 4/2014

CIVIL COVER SHEET

The JS-44 civil coversheet and the information contained hereinneither replace nor supplement the filing and serviceof
pleadings or other papers as required bylaw, except as provided by local rules ofcourt. Thisform, approved by the
Judicial Conference ofthe United States inSeptember 1974, is required foruse ofthe Clerk of Court for the purposeof
initiating the civil docket sheet.
PLAINTIFFS

DEFENDANTS

PONY, INC. and ANTHONY L&S ATHLETICS, LLC,

WIESNER PRODUCTS, INC. and HADDAD INTERNATIONAL, LLC

aItO^YS
(IF ^^
^^

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER

Patrick Papalia, Esq.

Archer &Greiner, P.C.

44 Wall Street, Suite 1285

New York. New York 10005

m^m

52V

. .
J&. \J:

"*"

S3

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE)
(DO NOTCITEJURISDICTIONAL STATUTES UNLESS DIVERSITY)

Has this action, case, or proceeding, orone essentially the same been previously filed in SDNY at any time? NrJZkesDjudge Previously Assigned
If yes, was this case Vol. Invol. Q Dismissed. No [~J Yes
IS THIS AN INTERNATIONAL ARBITRATION CASE?

No [x]

(PLACE ANM INONEBOX ONL Y)

If yes, give date

YeS [~J
ul'o 6

NATURE OF SUIT

TORTS

CONTRACT

&Case No.

PERSONAL INJURY

PERSONAL INJURY

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

I ) 422 APPEAL

[ ] 400 STATE

[ J 367 HEALTHCARE/
I
[
[
[

]110
1120
1130
1140

[ 1150

I ] 151
1 H52

INSURANCE
MARINE

MILLER ACT

NEGOTIABLE
INSTRUMENT
RECOVERY OF
OVERPAYMENT &
ENFORCEMENT
OF JUDGMENT
MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS

(EXCL VETERANS)
I ]153

RECOVERY OF
OVERPAYMENT

[ J160
t 1190

( H95

OF VETERAN'S
BENEFITS
STOCKHOLDERS
SUITS
OTHER

[ ] 310 AIRPLANE
[ ] 315 AIRPLANE PRODUCT
LIABILITY

[ | 320 ASSAULT, LIBEL &

SLANDER

[ | 330 FEDERAL
EMPLOYERS'

[ ) 340 MARINE

[ I 240
[ I 245

[ | 290

CONDEMNATION
FORECLOSURE
RENT LEASE &
EJECTMENT
TORTS TO LAND
TORT PRODUCT
LIABILITY
ALL OTHER

28 USC 157

( ] 620 COPYRIGHTS
[ 1 830 PATENT
M B40 TRADEMARK

PERSONAL PROPERTY

LIABILITY

[ J 350 MOTOR VEHICLE

[ I 355 MOTOR VEHICLE

[ ] 370 OTHER FRAUD

I I 371 TRUTH IN LENDING

REAPPORTIONMENT

[
[
[
[
[

] 410
] 430
) 450
1460
] 470

(RICO)
[ 1480 CONSUMER CREDIT

[ ] 490 CABLE/SATELLITE TV

PRODUCT LIABILITY
INJURY

[ ) 362 PERSONAL INJURY MED MALPRACTICE

SOCIAL SECURITY

[ ] 850 SECURITIES/
COMMODITIES/

| ] 380 OTHER PERSONAL

LABOR

PROPERTY DAMAGE

| ] 385 PROPERTY DAMAGE

[ ] 710 FAIR LABOR

PRODUCT LIABILITY

STANDAROS ACT

[ ) 720 LABOR/MGMT
PRISONER PETITIONS

ACTIONS UNOER STATUTES

VACATE SENTENCE
28 USC 2255

CIVIL RIGHTS

[ ] 530 HABEAS CORPUS

[ I 535 DEATH PENALTY
[ ] 540 MANDAMUS & OTHER

ACCOMMODATIONS

I ] 445 AMERICANS WITH

DISABILITIES

EMPLOYMENT

]861
] 862
I 863
] 864
] 865

HIA(13S5ff)
BLACK LUNG (923)
DIWC/DIWW (405(g))
SSID TITLE XVI
RSI (405(g))

EXCHANGE

| 890 OTHER STATUTORY

RELATIONS

| ) 751 FAMILY MEDICAL

LEAVE ACT (FMLA)
[ ] 790 OTHER LABOR
LITIGATION

| ] 791 EMPL RET INC

SECURITY ACT
IMMIGRATION

PRISONER CIVIL RIGHTS

[ ] 462 NATURALIZATION

[ ] 550 CIVILRIGHTS
[ ) 555 PRISON CONDITION
I I 560 CIVILDETAINEE

[
[
I
[
[

ACTIONS

[ ) 740 RAILWAY LABOR ACT

(Non-Prisoner)
( ] 441 VOTING
[ ] 442 EMPLOYMENT
| ] 443 HOUSING/

ANTITRUST
BANKS & BANKING
COMMERCE
DEPORTATION
RACKETEER INFLU
ENCED & CORRUPT
ORGANIZATION ACT

[ ] 360 OTHER PERSONAL

[ | 510 MOTIONS TO

LAND

[ | 423 WITHDRAWAL

PROPERTY RIGHTS

[ | 345 MARINEPRODUCT

[ ] 440 OTHER CIVIL RIGHTS

I I 230

INJURY PRODUCT
LIABILITY

CONTRACT

REAL PROPERTY

SECURE
OF PROPERTY
21 ugr
a81

PRODUCT LIABILITY . ,fiimnTHFR

[ I 366ASBESTOS PERSONAL ' J

[ I 463 ALIEN DETAINEE

[ J 196 FRANCHISE

[ J 220

!N,JU,CT
lTtm
[ ] 365 PERSONAL INJURY

I 1 375 FALSE CLAIMS

28 USC 158

LIABILITY

LIABILITY

I 1210

PHARMACEUTICAL PERSONAL , , 625DRUG RELATED

CONTRACT
PRODUCT

*-<>

ACTIONS UNDER STATUTES

APPLICATION

[ I 465 OTHER IMMIGRATION

ACTIONS

] 891 AGRICULTURAL ACTS

FEDERAL TAX SUITS

( | 870 TAXES (U.S. Plaintiff or

Defendant)
I | 871 IRS-THIRD PARTY

) 893 ENVIRONMENTAL
MATTERS

J895 FREEDOM OF
INFORMATION ACT

26 USC 7609

I 896 ARBITRATION
] 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION

( J 950 CONSTITUTIONALITYOF
STATE STATUTES

CONDITIONS OF CONFINEMENT

I ]446 AMERICANS WITH

DISABILITIES -OTHER

[ | 448 EDUCATION

REAL PROPERTY

Check ifdemandedincomplaint:

CHECK IF THIS IS ACLASS ACTION

UNDER F.R.C.P. 23

DEMAND $_

OTHER

\Ps6H$$^ TH'S CASE 'S RELATED T0 ACIVIL CASE N0W PENDING IN S.D.N.Y.?
JUDGE

DOCKET NUMBER

Check YES onlyifdemanded incomplaint

JURY DEMAND: YES UNO

NOTE: You must also submit at the time offiling the Statementof Relatedness form (Form IH-32).


(PLACE AN x IN ONE BOX ONLY)

V0 1 Original

Proceeding

ORIGIN

LJ 2 Removed from

LJ 3 Remanded d 4 Reinstated or

gtateCourt

from

| | 3. all parties represented

Reopened

[] 5 Transferred from 6 Multidistrict

(Specify District)

Litigation

7 Appeal to District
Judge from

Magistrate Judge
Judgment

Appellate

| | b. At least one
party Is prose.

(PLACEANxINONEBOXONLY)

D 1 U.S. PLAINTIFF

BASIS OF JURISDICTION

Q 2 U.S. DEFENDANT Kf 3 FEDERAL QUESTION

/T

IF DIVERSITY, INDICATE

Q4 DIVERSITY

CITIZENSHIP BELOW.

(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] in one box for Plaintiff and one box for Defendant)
PTF

DEF

[ ]1

( ]1

CITIZEN OR SUBJECT OF A

CITIZEN OF ANOTHER STATE [ ] 2

[ ]2

INCORPORATED or PRINCIPAL PLACE

CITIZEN OF THIS STATE

PTF DEF

t 13 I I 3

FOREIGN COUNTRY

INCORPORATED and PRINCIPAL PLACE

PTF

DEF

[ ]5

[ )5

[]6

t ]S

OF BUSINESS IN ANOTHER STATE

[ )4 [ ]4

FOREIGN NATION

OF BUSINESS IN THIS STATE

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

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

DEFENDANT(S) ADDRESS UNKNOWN

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

Check one:

THIS ACTION SHOULD BE ASSIGNEDJ6<" Q WHITE PLAINS

(DO NOT check either box if this a PRISONEF^J^flTION/PRISONER CIVIL RIGHTS

MANHATTAN

COMPLAINT.)

DATE 12/22/2014 SIGNATURE OF ATTORNEY Cji^CORD

ADMITTED TO PRACTICE IN THIS DISTRICT

RECEIPT*

[X YES (DATE ADMITTED Mo.07

Attorney BarCode* PP0018

[ I NO

/jgs

Magistrate Judge is to be designated/by the Clerk of the Court.

Magistrate Judge
Ruby J. Krajick, Clerk of Court by.

UKQ'JUDGE NETBURN
, Deputy Clerk, DATED.

UNITED STATESDISTRICT COURT (NEW YORK SOUTHERN)

is so Designated.

Yr. 2011

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

PONY, INC. and ANTHONY L&S ATHLETICS,

LLC,

Plaintiffs,

Civil Action No.

4 C

a~

'sL>

x*w*

IPtTAINT

-againstJURY TRIAL DEMANDED

WIESNER PRODUCTS, INC. and HADDAD

INTERNATIONAL, LLC,
Defendants.

rx>

Plaintiffs PONY, Inc. ("PONY") and Anthony L&S Athletics, LLC ("L&S", and with
PONY, "Plaintiffs"), for their complaint against defendants Wiesner Products, Inc. ("WiesneT"")
and Haddad International, LLC ("Haddad", and with Wiesner, "Defendants"), by their attorneys

Archer & Greiner, P.C., allege on knowledge as to their own acts and otherwise on information
and belief as follows:
NATURE OF THE ACTION

1.

This is an action for trademark counterfeiting, trademark infringement, false

designation of origin, false advertising, common law trademark infringement, unfair competition,
and deceptive acts and practices in violation of the laws of the United States and the State of
New York. Plaintiff seeks an injunction, recapture of profits, damages and related relief.

JURISDICTION AND VENUE

2.

The Court has jurisdiction over this matter pursuant to 15 U.S.C. 1121 and 28

U.S.C. 1331, 1338 and 1367. Plaintiffs' claims are predicated upon the Lanham Trademark

Act of 1946, as amended, 15 U.S.C. 1051, et seq., and related claims under the statutory and

11888154vl

common law of the State of New York. Venue is proper in this district pursuant to 28 U.S.C.
1391.

THE PARTIES

3.

PONY is a Delaware corporation with its principal place of business at 4652 E.

Brickell St., Ontario, California 91761.

4.

L&S is a New York limited liability company with its principal place of business

at 1400 Broadway, Suite 1405, New York, New York 10019.

5.

Wiesner is a New York corporation with its principal place of business at 34 West

33rd Street, 11th Floor, New York, New York 10001.

6.

Haddad is a New Jersey limited liability company with its principal place of

business at 330 Hurst Street, Linden, New Jersey 07036.

7.

Defendants (i) regularly conduct business in New York and in this judicial

district, (ii) have advertised, distributed, offered for sale and/or sold the infringing and

counterfeit goods at issue in this case in New York and in this judicial district, and/or (iii)
expected, intended and/or directed that the infringing and counterfeit goods at issue in this case

be resold in New York and in this judicial district by its distributors, retail accounts and/or
customers, and had full knowledge that those products were resold in New York and in this
judicial district, and/or could reasonably be expected to be resold in New York and in this
judicial district.

11888154vl

PONY'S TRADEMARKS

8.

Since June 13, 2013, L&S has been the exclusive licensee for PONY-branded

footwear, apparel, accessories and hard goods in the United States and Canada. Specifically,
since June 13, 2013, L&S has had the exclusive right to design, manufacture, sell, distribute,

advertise and promote all footwear, apparel, accessories and hard goods in the United States and
Canada bearing a number of trademarks owned by PONY and registered with the United States
Patent and Trademark Office (the "PONY Trademarks").

9.

PONY is the owner of numerous registered and common law trademarks,

including the PONY Trademarks. The PONY Trademarks include, but are not limited to, the
following United States Trademark Registrations:

Trademark

">

Registration

Registration

Number

Date

1,286,085

IC

Goods and Services

7/17/1984

025

Footwear

2,899,929

11/2/2004

025

Casual and athletic footwear

1,286,086

7/17/1984

025

Footwear

^^^/^'

"*%tS"

11888l54vl

1,193,225

4/6/1982

025

Boots,
shoes,
slippers,
shirts, shorts, socks, jackets
and pants

2,899,930

11/2/2004

025

Casual and athletic footwear

1,224,322

1/18/1983

025

*'
'\f'

s^
PONY

2,666,380

12/24/2002

025

Men's,

Women's

and

children's
clothing
namely, track suits, t-shirts,
shorts, pants, gloves, hats,
bathing suits, tennis dresses,
jackets, ski jackets and ski
pants; footwear of all kinds
Shirts, t-shirts, tank tops,
jerseys,
sweatshirts,
sweatpants,
hooded
pullovers, shorts, pants,
caps,
hats,
visors,
headbands,

wristbands,

jackets, athletic and casual

footwear

3,687,538

9/22/2009

035

PONY

Electronic catalog services

featuring footwear, clothing
and accessories, namely,
clothing
and
footwear
accessories;

retail

stores

featuring footwear, clothing

and accessories, namely,
clothing
and
footwear
accessories

2,668,890

N^WPOfflk-

12/31/2002

025

Shirts, t-shirts, tank tops,

jerseys,
sweatshirts,
sweatpants,
hooded
pullovers, shorts, pants,
caps,
hats,
visors,
headbands,
wristbands,
jackets, athletic and casual
footwear

11888154vl

2,666,379

12/24/2002

025

Shirts, t-shirts, tank tops,

jerseys,
sweatshirts,
sweatpants,
hooded
pullovers, shorts, pants,
caps,
hats,
visors,
headbands,

wristbands,

jackets, athletic and casual

footwear

1,040,116

5/25/1976

025

Wearing apparel - namely,

sports footwear

Copies of the registration certificates for the Pony Trademarks are attached hereto as Exhibit A.
10.

The foregoing registrations of the PONY Trademarks are valid, subsisting and are

in full force and effect.

11.

The following registrations of the PONY Trademarks have become incontestable

under 15 U.S.C. 1065: 1,286,085; 2,899,929; 1,286,086; 1,193,225; 2,899,930; 1,224,322;

2,666,380; 2,668,890; 2,666,379; and 1,040,116.

12.

The PONY Trademarks have long been used by PONY and its licensees in

connection with the manufacture and distribution of various types of products and services,

including but not limited to footwear and apparel, throughout the United States.

13.

As a result of PONY's and its licensees' exclusive and extensive use and

promotion, the PONY Trademarks have acquired enormous value and recognition in the United
States and throughout the world. The PONY Trademarks are well-known to the consuming

public and trade as identifying and distinguishing PONY and its licensees exclusively and

uniquely as the source and origin of the high quality merchandise to which they are applied.

1888154vl

DEFENDANTS' WRONGFUL ACTS

14.

Wiesner, without the consent of PONY, has manufactured, advertised, distributed,

offered for sale and/or sold in interstate commerce, socks bearing counterfeits and infringements
of the PONY Trademarks.

15.

Haddad, without the consent of PONY, has advertised, distributed, offered for

sale and/or sold in interstate commerce, socks bearing counterfeits and infringements of the
PONY Trademarks.

16.

L&S, the exclusive licensee of the PONY Trademarks, as of June 13, 2013, has

had the exclusive right to use the marks in commerce, and has never authorized or consented to

Defendants' use of the PONY Trademarks or any reproduction, counterfeit, copy or colorable
imitation thereof.

17.

Wiesner was a former licensee for PONY.

18.

Wiesner's license to manufacture and distribute products bearing the PONY

Trademarks expired as of December 31, 2012.

19.

Pursuant to an agreement with PONY, Wiesner was given until May 31, 2013 to

sell-off any inventory in its possession as of December 31, 2012.

20.

After the expiration of its license with PONY, Wiesner ordered and caused to be

manufactured socks bearing the PONY Trademarks. These socks bore counterfeits and
infringements of the PONY Trademarks. Wiesner then advertised, distributed, offered for sale

and/or sold in interstate commerce the socks bearing counterfeits and infringements of the
PONY Trademarks.

11888154vl

21.

Additionally, prior to the expiration of its license with PONY, Wiesner ordered

socks bearing the PONY Trademarks, but did not receive those socks - and knew that it would

not receive those socks - until after the expiration of the license agreement. Those socks were
not in Wiesner's inventory as of December 31, 2012 and was not within the purview of the
permitted sell-off. Those socks bore counterfeits and infringements of the PONY Trademarks.
Wiesner then advertised, distributed, offered for sale and/or sold in interstate commerce the

socks bearing counterfeits and infringements of the PONY Trademarks.

22.

Wiesner sold the socks bearing counterfeits and infringements of the PONY

Trademarks to Haddad, among others.

23.

Haddad re-sold the socks bearing counterfeits and infringements of the PONY

Trademarks to Duane Reade and others.

24.

Socks bearing counterfeits and infringements of the PONY Trademarks have been

advertised, distributed, offered for sale and/or sold at Duane Reade's New York retail stores as

recently as July 2014.

25.

The acts of Defendants in manufacturing, advertising, distributing, offering for

sale and/or selling in interstate commerce goods bearing infringements and counterfeits of the

PONY Trademarks (a) are likely to cause confusion and mistake among the consuming public

that such goods originate with PONY and/or L&S, (b) are likely to cause confusion and mistake
among the consuming public that there is some affiliation, connection or association of

Defendants with PONY and/or L&S, and (c) are likely to cause confusion and mistake among
the consuming public that such goods are being offered to the consuming public with the
sponsorship or approval of PONY and/or L&S.

11888154vl

26.

Defendants manufactured, advertised, distributed, offered for sale and/or sold

such goods knowing that the goods bore infringements and counterfeits of the PONY
Trademarks, or willfully ignored whether the goods bore infringements and counterfeits of the
PONY Trademarks. Defendants engaged in a deliberate effort to cause confusion and mistake

among the consuming public as to the source, affiliation and/or sponsorship of said goods, and to
gain to Defendants the benefit of the enormous goodwill associated with the PONY Trademarks.

FIRST CLAIM FOR RELIEF

(FEDERAL TRADEMARK COUNTERFEITING)

27.

Plaintiffs repeat and reallege each and every allegation set forth in Paragraphs 1

through 26 above as if fully set forth herein.

28.

The PONY Trademarks, as they are being used by Defendants, are identical to or

substantially indistinguishable from the registered PONY Trademarks. Accordingly, Defendants

have engaged in trademark counterfeiting in violation of 15 U.S.C. 1114.

29.

Such conduct on the part of Defendants has allowed Defendants to wrongfully

profit and has injured Plaintiffs in an amount to be determined at trial and has caused and
threatens to cause irreparable injury to Plaintiffs, for which Plaintiffs have no adequate remedy at
law.

SECOND CLAIM FOR RELIEF

(FEDERAL TRADEMARK INFRINGEMENT)

30.

Plaintiffs repeat and reallege each and every allegation set forth in Paragraphs 1

through 29 above as if fully set forth herein.

11888154vl

31.

Defendants' use of the PONY Trademarks, without Plaintiffs' consent, constitutes

trademark infringement in violation of 15 U.S.C. 1114, in that, among other things, such use is

likely to cause confusion, deception and mistake among the consuming public and trade as to the
source, approval and/or sponsorship of the goods bearing counterfeits and infringements of the
PONY Trademarks.

32.

Such conduct on the part of Defendants has allowed Defendants to wrongfully

profit and has injured Plaintiffs in an amount to be determined at trial and has caused and
threatens to cause irreparable injury to Plaintiffs, for which Plaintiffs have no adequate remedy at
law.

THIRD CLAIM FOR RELIEF

(FEDERAL FALSE DESIGNATION OF ORIGIN, FALSE ADVERTISING AND

UNFAIR COMPETITION)

33.

Plaintiffs repeat and reallege each and every allegation set forth in Paragraphs 1

through 32 above as if fully set forth herein.

34.

Defendants' use of the PONY Trademarks, without Plaintiffs' consent, constitutes

the use of false or misleading designations of origin and/or the making of false or misleading

representations of fact and/or false advertising in commercial advertising or promotion, and/or

unfair competition, in violation of 15 U.S.C. 1125(a), in that, among other things, such use is
likely to cause confusion, deception and mistake among the consuming public and trade as to the
source, approval or sponsorship of the goods distributed, sold and offered for sale by Defendants
bearing counterfeit and infringing PONY Trademarks.

35.

Such conduct on the part of Defendants has allowed Defendants to wrongfully

profit and has injured Plaintiffs in an amount to be determined at trial and has caused and
9
11888154vl

threatens to cause irreparable injury to Plaintiffs, for which Plaintiffs have no adequate remedy at
law.

FOURTH CLAIM FOR RELIEF

(COMMON LAW TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION)

36.

Plaintiffs repeat and reallege each and every allegation set forth in Paragraphs 1

through 35 above as if fully set forth herein.

37.

The aforementioned acts of Defendants constitute trademark infringement and

unfair competition in violation of the common law of the State of New York.

38.

Such conduct on the part of Defendants has allowed Defendants to wrongfully

profit and has injured Plaintiffs in an amount to be determined at trial and has caused and

threatens to cause irreparable injury to Plaintiffs, for which Plaintiffs have no adequate remedy at
law.

FIFTH CLAIM FOR RELIEF

(N.Y. GENERAL BUSINESS LAW 349)

39.

Plaintiffs repeat and reallege each and every allegation set forth in Paragraphs 1

through 38 above as if fully set forth herein.

40.

The aforementioned acts of Defendants constitute deceptive acts and practices,

and cause consumer injury. These aforementioned acts of Defendants not only harm Plaintiffs,
but also harm the public interest, in violation of New York General Business Law 349.

41.

Such conduct on the part of Defendants has allowed Defendants to wrongfully

profit and has injured Plaintiffs in an amount to be determined at trial and has caused and

10
11888154vl

threatens to cause irreparable injury to Plaintiffs, for which Plaintiffs have no adequate remedy at
law.

DEMAND FOR JURY TRIAL

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiffs hereby demand
a trial by jury of all claims in this litigation.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs demand judgment as follows:

1.

Permanently enjoining and restraining Defendants, their respective subsidiaries,

affiliates, divisions, officers, directors, principals, servants, employees, successors and assigns,
and all those in active concert or participation with them, from:

(a)

imitating, copying or making unauthorized use of the PONY Trademarks;

(b)

manufacturing, importing, exporting, distributing, circulating, selling,

offering for sale, advertising, promoting or displaying any goods bearing any unauthorized
reproduction, copy, counterfeit or colorable imitation of the PONY Trademarks;
(c)

using any unauthorized colorable imitation of the PONY Trademarks in

connection with the manufacture, promotion, advertisement, display, sale, offering for sale,

production, import, export, circulation or distribution of any goods in such manner as to relate or
connect, or tend to relate or connect, such goods in any way with Plaintiffs or to any goods sold,
sponsored, approved by, or connected with Plaintiffs;

11
11888154vl

(d)

engaging in any other activity constituting unfair competition with

Plaintiffs, or constituting an infringement of the PONY Trademarks or of Plaintiffs' rights in, or

right to use or exploit such trademarks;

(e)

making any statement or representation whatsoever, with respect to the

infringing and counterfeit goods at issue, that falsely designates the origin of the goods as those
of Plaintiffs, or that is false or misleading with respect to Plaintiffs; and

(f)

engaging in any other activity, including the effectuation of assignments

or transfers of its interests in unauthorized colorable imitations of the PONY Trademarks, the

formation of other corporations, partnerships, associations or other entities or the utilization of

any other devices, for the purpose of circumventing, evading, avoiding or otherwise violating the
prohibitions set forth in subsections 1(a) through 1(e) above.

2.

Directing Defendants to (a) quarantine, preserve, not alter and allow for further

inspection, sampling and photographing of any and all inventories of the identified PONY
products during the course of the action; (b) recall through individual customer and store
notifications the identified infringing and counterfeit goods at issue; and (c) deliver for

destruction all goods, labels, tags, artwork, prints, signs, packages, dyes, plates, molds, matrices

and any other means of production, wrappers, receptacles and advertisements in their possession,
custody or control bearing any unauthorized reproductions, copies, or colorable imitations of the
PONY Trademarks or any marks or designs confusingly similar thereto, either individually or in
conjunction with other words, marks or designs.

3.

Directing such other relief as the Court may deem appropriate to prevent the trade

and public from deriving any erroneous impression that any product at issue in this case that has
12
11888154vl

been offered for sale, sold or otherwise circulated or promoted by Defendants is authorized by
Plaintiffs, or is related to or associated in any way with Plaintiffs' products.

4.

Requiring Defendants to account and pay over to Plaintiffs, all profits realized by

their wrongful acts and directing that such profits be enhanced due to, inter alia, Defendants'
willful actions.

5.

Awarding Plaintiffs damages for the injuries sustained by Plaintiffs and directing

that such damages be trebled due to, inter alia, Defendants' willful actions.

6.

Awarding Plaintiffs, at their election, statutory damages in the amount of

$2,000,000 per mark for each type of good in connection with which Defendants used
counterfeits of the PONY Trademarks.

7.

Awarding Plaintiffs their costs and reasonable attorneys' and investigatory fees,

expenses, costs, together with pre-judgment interest.

8.

Directing that this Court retain jurisdiction of this action for the purpose of

enabling Plaintiffs to apply to the Court at any time for such further orders and interpretation or

execution of any order entered in this action, for the modification of any such order, for the
enforcement or compliance therewith and for the punishment of any violations thereof.

13
11888154vl

9.

Awarding Plaintiffs such other and further reliefas the Court may deem just and

proper.

Respectfully submitted,

Dated: December 22, 2014

New York, New York

ARCHER & GREINER, P.C.

By:

PatpM^Papalia (PP-2059)
pcfjtpalia(5),archerlaw.com
Main Street, Suite 353
-S

Court Plaza South, West Wing

Hackensack, New Jersey 07601
Tel. (201) 342-6000
Fax:(201)342-6611

Attorneys for Plaintiffs,

Pony, Inc. and Anthony L&S
Athletics, LLC

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