Hudson Furniture v. Mizrahi - Complaint

Case 1:20-cv-04891 Document 1 Filed 06/25/20 Page 1 of 42
Neil B. Friedman
Patrick J. Hines
Hodgson Russ LLP
605 3rd Avenue, Suite 2300
New York, NY 10158
Tel. 212-751-4300
Attorneys for Plaintiffs
Hudson Furniture, Inc. and
Barlas Baylar
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
_____________________________________X
HUDSON FURNITURE, INC. and BARLAS COMPLAINT

BAYLAR,
JURY TRIAL DEMANDED
Plaintiffs,
Civil Action No:
vs.
Hon.
ALAN MIZRAHI d/b/a ALAN MIZRAHI United States District Judge
LIGHTING and LIGHTING DESIGN
WHOLESALERS INC.
Defendants.
_____________________________________X
Plaintiffs, Hudson Furniture, Inc. (“Hudson”) and Barlas Baylar (“Baylar”) (both
Plaintiffs collectively “Plaintiffs”), by and through their attorneys, Hodgson Russ LLP, allege as
follows:
NATURE OF THE ACTION
1. This is a civil action for trademark infringement, false designation of
origin, false advertising, and unfair competition pursuant to Section 43 of the Lanham Act, 15
U.S.C. § 1125; common law trademark infringement, unfair competition, and misappropriation;
use of name with intent to deceive under New York General Business Law § 133; injury to
business reputation and dilution under New York General Business Law § 360-l; copyright
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infringement pursuant to 17 U.S.C. § 501, et seq.; patent infringement in violation of the Patent
Laws of the United States, 35 U.S.C. § 101, et seq.; and violation of New York Civil Rights Law
§ 50-51; which arises from Defendants’ use of Hudson’s copyrighted photographs, trademarks,
and patents to sell knockoffs of Hudson’s lighting collections. Plaintiffs seek injunctive relief,
an accounting, compensatory damages, treble damages, statutory damages, attorney’s fees and
costs, exemplary damages, and such other relief as the Court deems proper.
JURISDICTION AND VENUE
2. This Court has Federal subject matter jurisdiction over the claims asserted
in this action pursuant to 28 U.S.C. §§ 1331, 1332, and 1338; 15 U.S.C. §§ 1116 and 1121; and
17 U.S.C. §§ 502-05. This Court has subject matter jurisdiction over the state claims under 28
U.S.C. § 1338(b), and further pursuant to its supplemental jurisdiction under 28 U.S.C. § 1367.
The state claims asserted herein are so related to the federal claims as to form part of the same
case or controversy.
3. Venue is proper, inter alia, pursuant to 28 U.S.C. §§ 1391(b)(1),
1391(b)(2), 1391(c)(3), and 1400. Upon information and belief, Defendant Alan Mizrahi d/b/a
Alan Mizrahi Lighting (“Mizrahi”) is not resident in the United States and may therefore be sued
in any judicial district, and Mizrahi is subject to personal jurisdiction in this District. Defendant
Lighting Design Wholesalers Inc. (“LDW”) is an entity resident in this District, and/or has
contacts with this District sufficient to subject it to personal jurisdiction here. Alternatively,
upon information and belief, LDW has the most significant contacts with this District.
Moreover, on information and belief, a substantial part of the events or omissions giving rise to
the claims herein occurred in this judicial District, causing damage to Plaintiffs in this District.
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Finally, upon information and belief, Defendants have committed acts of patent and copyright
infringement in this District and/or have a regular and established place of business in this
District.
4. Personal jurisdiction over each Defendant is proper in this District
pursuant to New York C.P.L.R. § 302 because the unlawful conduct complained of herein has
caused, and continues to cause, injury to Plaintiffs within this District. Further, upon information
and belief, Defendants (i) regularly conduct, solicit, and/or transact business in this District via
their infringing websites, and have solicited consumers in this District; (ii) advertise, promote,
market, publicly display, and distribute infringing images and products to consumers within this
District; (iii) derive substantial revenue in interstate and/or international commerce and
reasonably expect their activities to have consequences in this District; (iv) regularly and
systematically direct electronic activity into the State of New York through their websites with
the intention, and for the purpose, of engaging in business within this District; (v) otherwise avail
themselves of the privileges and protections of the laws of the State of New York; and/or (vi) are
registered to do business in the State of New York.
THE PARTIES
5. Plaintiff, Hudson, is a corporation organized and existing under the laws
of the State of New York, having its principal place of business at 83 Wooster Street, New York,
New York 10013.
6. Plaintiff, Baylar, is an individual domiciled in the State of New York and
County of New York.
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7. Upon information and belief, Mizrahi is an individual that operates and
controls the activities of his namesake companies and websites including, but not limited to,
www.alanmizrahilighting.net/ and www.alanmizrahi.net/ (hereafter the “Mizrahi Domains”).
Upon information and belief, Mizrahi also operates shops located on third-party ecommerce
platforms including, but not limited to, a Shopify shop located at <alan-mizrahi-
lighting.myshopify.com>, and a Facebook shop located at
<www.facebook.com/pg/alanmizrahilighting/shop> (all Mizrahi Domains and ecommerce
platforms collectively, the “Mizrahi Websites”).
8. Based upon documents submitted in pending litigation in this District for
claims similar to those asserted here, Mizrahi’s last known address is R Inner Street 1A 6081
Albrans, Tyrol, Austria. (See Restoration Hardware, Inc. v. Lighting Design Wholesalers, Inc.,
S.D.N.Y. No. 17-cv-05553-LGS-GWG, Dkt. 128, 156)
9. Upon information and belief, LIGHTING DESIGN WHOLESALERS
INC. (“LDW”) is a corporation organized and existing under the laws of the State of New York,
and lists a corporate address at 140 Bowery, New York, New York 10013. Upon further
information and belief, LDW operates and/or controls the Mizrahi Websites along with Mizrahi.
10. Mizrahi dominates and controls the business activities of LDW, including
the business activities hereinafter alleged. Moreover, Mizrahi personally participated in the
wrongful acts alleged herein.
11. This Court has general personal jurisdiction over LDW pursuant to CPLR
§ 301, because LDW is registered as a New York corporation with its principal place of business
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in New York, New York. The company claims that its headquarters are at 140 Bowery Street,
New York, New York 10013.
12. This Court also has specific personal jurisdiction over Defendants
pursuant to CPLR § 302(a)(1), because Plaintiff’s claims arise out of Defendants’ operation of
their business in New York, New York, where they used copies of photographs and Plaintiffs’
trademarks, all of which infringed on Plaintiffs’ copyrights, trademarks, patents, and right to
privacy, to advertise and market Defendants’ products in New York.
13. This Court also has specific personal jurisdiction over Defendants
pursuant to CPLR § 302(a)(2), because Plaintiff’s claims arise out of Defendants’ commission of
the tortious act of copyright, trademark, and patent infringement, as well as violation of the right
to privacy, in this judicial district.
14. This Court has specific personal jurisdiction over Defendants pursuant to
CPLR § 302(a)(3), because Plaintiff’s claims arise from Defendants’ acts of infringement and
privacy violations outside of New York which caused injury to Plaintiffs in New York, and
Defendants regularly transact and solicit business in New York, and derive substantial revenue
from goods sold and services rendered in New York. Alternatively, Defendants derive
substantial revenue from interstate and international commerce, and should reasonably expect
their acts to have consequences in New York.
15. In addition, upon information and belief, Mizrahi maintained ownership
and/or control of the Mizrahi Websites at his New York address: 140 Bowery Street, New York,
New York 10013. Mizrahi used the Mizrahi Domains to host some or all of the websites that
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publicly displayed infringing copies of Plaintiff’s copyrighted photographs, and to advertise,
market, and sell infringing products.
GENERAL ALLEGATIONS
Hudson’s Trademarks
16. Hudson is a well-known manufacturer, distributor, and retailer of certain
widely-acclaimed and recognized modern lighting and furniture designs created by its founder,
Barlas Baylar, which have been sold under the HUDSON FURNITURE and BARLAS
BAYLAR trademarks since 2004. The HUDSON FURNITURE trademark is the subject of U.S.
Trademark Registration Nos. 4,597,499 and 4,046,353. The BARLAS BAYLAR trademark is
the subject of U.S. Trademark Reg. No. 4,403,798. Copies of the foregoing trademark
registration certificates are attached hereto as Exhibit A.
17. The HUDSON FURNITURE and BARLAS BAYLAR trademarks are
incontestable under Section 15 of the Lanham Act, 15 U.S.C. §1065.
18. Hudson’s lighting designs are cutting-edge intricate works of art which are
comprised of high quality materials manufactured by Plaintiffs’ artisans to high standards. As a
result, Plaintiffs have developed a reputation as an innovative source of unique, designer-class
lighting fixtures for the discriminating purchaser.
19. Hudson has invested substantial time and resources in the creation of its
lighting designs, garnered numerous accolades, and developed an outstanding and hard-earned
reputation among consumers, including retail consumers, interior decorators, architects, and
furniture buyers for luxury hotels, resorts, and other prestigious projects.
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20. Hudson’s lighting designs are offered for sale and/or sold in the United
States by Plaintiff through its website, via online and printed catalogs, numerous interior design
publications, and through contractors, architects, and interior designers.
21. In addition to the HUDSON FURNITURE and BARLAS BAYLAR
trademarks which are used as house marks in connection with retail store services and lighting
products, Hudson also developed and uses in interstate commerce distinctive trademarks as
designations of source for each of its lighting designs including, but not limited to MOTHER,
PANGEA, LA CAGE, BRITANICA, VALIANT, PANTHEON, TUSK, and LOTUS.
22. The MOTHER, PANGEA, LA CAGE, BRITANICA, VALIANT,
PANTHEON, TUSK, and LOTUS trademarks have been extensively used by Hudson
throughout the United States and internationally, building valuable common law trademark rights
therein. (Hereinafter, the HUDSON FURNITURE and BARLAS BAYLAR trademarks and the
MOTHER, PANGEA, LA CAGE, BRITANICA, VALIANT, PANTHEON, TUSK, and LOTUS
trademarks are collectively referred to as the “Hudson Trademarks”).
23. The Hudson Trademarks were used as designations of source in interstate
commerce long before any date that may be claimed by Defendants.
Hudson’s Copyrights
24. Hudson spends a substantial amount of time, money, and effort staging
and photographing its products for its catalogs, website, and advertising materials.
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25. Hudson is the author of the photographs within its catalogs, website, and
advertising materials, and has at all times been the sole owner of all right, title, and interest in
and to the photographs, including the copyright thereto.
26. Hudson routinely obtains copyright registrations for its catalogs and
websites, including the photographs and copy contained therein. Hudson owns several United
States copyright registrations, including without limitation the following:
Registration
Title of Work Registration Date
No.
Hudson Furniture 1/31/2012 VA0001862678 February 6, 2012
Hudson Furniture 2/7/2014 VA0001908807 March 21, 2014
Hudson Furniture 9/4/2015 VA0001984811 November 16, 2015
Hudson Furniture Catalog 2019 VA0002203849 May 15, 2020
27. Confirmatory copies of the foregoing Certificates of Registration are
annexed hereto as Exhibit B (hereinafter the “Hudson Copyrights”).
28. The issuance of the Hudson Copyrights constitutes prima facie evidence of
the validity of the copyrights and of the facts stated within the certificate.
29. As evidenced by the Certificates of Copyright Registration referenced
above and attached hereto, the Hudson Copyrights are in full force and effect and Hudson has
duly complied with all requirements of the Copyright Act pertaining thereto.
The Hudson Patents
30. Hudson owns all right, title and interest in the following U.S. Design
patents:
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Title Representative View US Design Patent

of Claimed Design
Patent
“Lamp” D655,437
(a/k/a MOTHER)
Patent
“Chandelier” D697,251
(a/k/a PANGEA)
“Chandelier” Patent
(a/k/a LA CAGE) D697,252
“Ceiling Light” Patent

(a/k/a BRITANICA) D794,862
“Light Fixture” Patent

(a/k/a/ VALIANT) D858,857
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Title Representative View US Design Patent

of Claimed Design
“Chandelier” D695,944
(a/k/a PANTHEON)
(collectively, the “Hudson Patents”).
31. United States Patent No. D655,437 (the “D’437 Patent”) was duly and
lawfully issued on March 6, 2012. A copy of the D’437 Patent is attached hereto as Exhibit C.
32. Hudson marks its Mother lighting products with the D’437 Patent number.
33. Hudson is the owner of all right, title and interest in the D’437 Patent.
34. United States Patent No. D697,251 (the “D’251 Patent”) was duly and
lawfully issued on January 7, 2014. A copy of the D’251 Patent is attached hereto as Exhibit D.
35. Hudson marks its Pangea lighting products with the D’251 Patent number.
36. Hudson is the owner of all right, title and interest in the D’251 Patent.
37. United States Patent No. D697,252 (the “D’252 Patent”) entitled
“Chandelier” was duly and lawfully issued on January 7, 2014. A copy of the D’252 Patent is
attached hereto as Exhibit E.
38. Hudson marks its La Cage lighting products with the D’252 Patent
number.
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39. Hudson is the owner of all right, title and interest in the La Cage patent.
40. United States Patent No. D794,862 (the “D’862 Patent”) entitled “Ceiling
Light” was duly and lawfully issued on August 15, 2017. A copy of the D’862 Patent is attached
hereto as Exhibit F.
41. Hudson marks its Britanica lighting products with the D’862 Patent
number.
42. Hudson is the owner of all right, title and interest in the Britanica patent.
43. United States Patent No. D858,857 (the “D’857 Patent”) entitled “Light
Fixture” was duly and lawfully issued on September 3, 2019. A copy of the D’857 Patent is
attached hereto as Exhibit G.
44. Hudson marks its Valiant lighting products with the D’857 Patent number.
45. Hudson is the owner of all right, title and interest in the Valiant patent.
46. United States Patent No. D695,944(the “D’944 Patent”) entitled
“Chandelier” was duly and lawfully issued on December 17, 2013. A copy of the D’944 Patent
is attached hereto as Exhibit H.
47. Hudson marks its Pantheon lighting products with the D’944 Patent
number.
48. Hudson is the owner of all right, title and interest in the Pantheon patent.
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49. Following grant of each of the Hudson Patents, Hudson has continuously
produced and sold lighting designs that embody the inventions claimed therein.
DEFENDANTS’ WRONGFUL CONDUCT
50. Rather than innovate and develop their own distinctive style and brand,
Defendants have chosen to improperly piggyback on Plaintiffs’ success and reputation by
blatantly copying Hudson’s lighting designs, and manufacturing, importing, purchasing,
advertising, promoting, distributing, offering for sale and/or selling inferior “knock off” products
that are virtually identical in appearance to Hudson’s successful and distinctively-styled lighting
designs (hereinafter, the “Offending Products”). Moreover, Defendants use the Hudson
Trademarks and Hudson Copyrights to market and lure unsuspecting consumers to their websites
and e-commerce sales platforms to confuse consumers as to the source of the Offending Products
being sold.
51. Hudson has learned that Defendants have posted numerous copyrighted
photos, which have been copied from Hudson’s copyrighted catalogs, on Defendants’ websites,
<www.alanmizrahi.net> and <www.alanmizrahilighting.net>. Copyrighted photos were also
posted on Defendants’ Shopify ecommerce shop at <alan-mizrahi-lighting.myshopify.com>.
52. Examples of Hudson’s original photos and Defendants’ unauthorized use
of the Hudson Copyrights can be seen below:
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Copyright Registration No.: VA 2-203-849

2019 catalog

2019 catalog
13

2019 catalog

2014 catalog

2019 catalog
14

2012 catalog

2015 catalog
15

2014 catalog

2019 catalog
16

2015 catalog
Copyright Reg. No. VA 1-862-678

2012 catalog
17

2014 catalog

2015 catalog
18

2012 catalog

2014 catalog
19

2012 catalog

2014 catalog
20

2015 catalog

2019 catalog
21

2012 catalog
53. A review of the foregoing examples also evidences that Defendants
intentionally name each of their Offending Products using each of the Hudson Trademarks (such
naming by Defendants hereinafter the “Offending Marks”). Examples of the Offending Marks
used on the Mizrahi Websites are set forth below.
MOTHER Mark
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PANGEA Mark
LA CAGE Mark
BRITANICA Mark
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VALIANT Mark
PANTHEON Mark
TUSK Mark
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LOTUS Mark
54. Indeed, Defendants even claim that the Offending Products that are selling
under the Hudson Trademarks were designed by HUDSON FURNITURE and/or BARLAS
BAYLAR, respectively, and include pictures of Baylar himself on the Mizrahi Websites to play
up a fictitious association between Plaintiffs and Defendants and to confuse customers as to the
origins of the Offending Products. The posting of Baylar’s name and image on the Mizrahi
Websites is without written consent.
55. Baylar never authorized Defendants to use his name or image to advertise
or promote the Offending Products and/or the Mizrahi Websites. At no point did Defendants
ever compensate Baylar for the use of his name or image.
56. Hudson does not sell its products to or through Defendants. Accordingly,
any products sold by Defendants are not genuine Hudson products.
57. Defendants copied photographs which are the subject of the Hudson
Copyrights and placed them on the Mizrahi Websites without authorization.
58. By using photographs which are the subject of the Hudson Copyrights,
using the Offending Marks, and making false and misleading statements concerning the
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Offending Products, Defendants are collectively engaged in trademark infringement, unfair
competition, and copyright infringement. Defendants are falsely and misleadingly representing
to consumers that Defendants are the source or origin of the products depicted in the
photographs, and that the products depicted in the photographs are available through the
Defendants, when, in fact, they are not.
59. Defendants are manufacturing, using, offering for sale and/or selling in the
United States, and/or importing into the United States, the Offending Products which are
substantially the same as designs of those identified within the Hudson Patents in the eye of the
ordinary observer.
60. Upon information and belief, in using the Hudson Trademarks and
Hudson Copyrights, and in infringing the Hudson Patents, Defendants have willfully and
deliberately sought to profit from Hudson’s established goodwill and reputation.
61. The damage caused by Defendants’ infringement has not only taken away,
and will continue to take away, sales from Hudson, but will devalue the Hudson Trademarks,
their goodwill, and the goodwill of Hudson because Defendants’ Offending Products are of
inferior quality.
COUNT I - AGAINST ALL DEFENDANTS

Patent Infringement of United States Patent No. D655,437
35 U.S.C. § 1 et seq.
62. Hudson hereby incorporates and realleges the allegations set forth above.
63. Defendants are infringing the D’437 Patent by manufacturing, using,
offering for sale and/or selling in the United States, and/or importing into the United States,
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products that are substantially the same design as the D’437 Patent in the eye of the ordinary
observer.
64. Defendants’ continued infringement of the D’437 Patent is intentional
based on Plaintiff’s marking of its product and/or the knowledge of the D’437 Patent derived
through the filing of this action.
65. Defendants have gained profits by virtue of their infringement of the
D’437 Patent, while Plaintiff has sustained damages as a direct and proximate result of
Defendants’ activities alleged herein.
66. Defendants’ actions in infringing the D’437 Patent have been, and
continue to be, willful, deliberate, and/or in conscious disregard of Hudson’s rights, making this
an exceptional case within the meaning of 35 U.S.C. § 285.
67. The aforementioned acts by Defendants have caused, and unless enjoined
by this Court will continue to cause, irreparable harm to Hudson for which there is no adequate
remedy at law.
COUNT II - AGAINST ALL DEFENDANTS

35 U.S.C. § 1 et seq.
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observer.
based on Hudson’s marking of its product and/or the knowledge of the D’251 Patent derived
D’251 Patent, while Hudson has sustained damages as a direct and proximate result of
remedy at law.
COUNT III - AGAINST ALL DEFENDANTS

35 U.S.C. § 1 et seq.
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observer.
remedy at law.
COUNT IV - AGAINST ALL DEFENDANTS

35 U.S.C. § 1 et seq.
observer.
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remedy at law.
COUNT V - AGAINST ALL DEFENDANTS

35 U.S.C. § 1 et seq.
observer.
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remedy at law.
COUNT VI – AGAINST ALL DEFENDANTS

35 U.S.C. § 1, et seq.
observer.
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remedy at law.
COUNT VII – AGAINST ALL DEFENDANTS

Federal Trademark Infringement, False Designation of Origin, and Unfair Competition
Section 43(a)(1)(A) of the Lanham Act, 15 U.S.C. § 1125(a)
99. Defendants’ actions described above, and their continued use of the
confusingly similar Offending Marks, in connection with the marketing, advertising, promotion,
distribution, offering for sale and sale of the Offending Products constitutes trademark
infringement, unfair competition, and the use of false designations of origin, and false
descriptions and representations falsely suggesting that the Offending Products are connected
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with, sponsored by, endorsed by, affiliated with, or related to Hudson and the Hudson
Trademarks in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
100. As a direct and proximate result of Defendants’ actions, Defendants have
damaged, and will continue to cause damage to Hudson’s goodwill and the goodwill associated
with the Hudson Trademarks. Moreover, Defendants’ actions have caused, and will continue to
cause, irreparable harm to Hudson and to the public—which is deceived as to the source and
sponsorship of Defendants’ Offending Products, and deceived as to the nature, characteristics
and qualities of the Offending Products offered by Defendants—unless restrained and enjoined
by this Court.
by this Court will continue to cause, irreparable harm and incalculable monetary loss to Hudson
for which there is no adequate remedy at law.
COUNT VIII – AGAINST ALL DEFENDANTS

Common Law Trademark Infringement, Unfair Competition, and Misappropriation
103. Defendants’ actions described above constitute trademark infringement,
unfair competition, and misappropriation of the Hudson Trademarks through Defendants’ use of
the Offending Marks in violation of the common law of the State of New York.
104. Defendants’ actions described above have at all times relevant to this
action been willful and in bad faith.
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damaged, and will continue to cause damage to Hudson.
COUNT IX – AGAINST ALL DEFENDANTS

Use of Name with Intent to Deceive
N.Y. Gen. Bus. L. § 133
108. Defendants’ actions described above have been undertaken with the intent
to deceive or mislead the public as to Defendants’ identity, Defendants’ connection to Hudson,
and the origin, sponsorship, or approval of Defendants and/or the Offending Products—all in
violation of N.Y. Gen. Bus. L. § 133.
damaged, and will continue to cause damage to Hudson.
COUNT X – AGAINST ALL DEFENDANTS

Injury to Business Reputation and Dilution
N.Y. Gen. Bus. L. § 360-l
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112. Defendants’ use and continued threatened use of the Offending Marks are
likely to cause injury to Hudson’s business reputation, and blur or tarnish the affirmative
associations that Hudson’s consumers and the trade have come to associate with Hudson having
conducted business under the Hudson Trademarks in the State of New York.
113. The Hudson Trademarks are famous in the State of New York, by virtue
of their extensive use by Hudson.
114. The Hudson Trademarks were famous in the State of New York long prior
to Defendants’ use and continued threatened use of the Offending Marks, which use and
continued threatened use injures and will injure the business reputation of Hudson, and the
distinctive quality of the Hudson Trademarks.
116. Defendants are liable to Hudson for violations of N.Y. Gen. Bus. Law §
360-l.
COUNT XI – AGAINST ALL DEFENDANTS

Copyright Infringement
17 U.S.C. § 501, et seq.
118. Hudson is the exclusive owner of the Hudson Copyrights.
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119. Defendants have knowingly and willfully copied, stored, hosted, and/or
displayed Hudson’s copyrighted photographs on some or all of the Mizrahi Websites without
permission.
120. Defendants’ unlawful activities have been willful, intentional, and
purposeful, in disregard of and indifference to Hudsons’ rights.
121. This unlawful activity infringes Hudson’s exclusive rights in the Hudson
Copyrights, including the rights to distribute and display.
122. As a direct result of the foregoing conduct, Hudson is entitled to damages
against Defendants in an amount that is presently unknown.
123. As a direct result of Defendants’ infringement, Hudson is entitled to the
maximum statutory penalties under 17 U.S.C. § 504, in the amount of $150,000 with respect to
each use of each timely registered work that was infringed, to disgorgement of Defendants’
profits, and/or to any and all relief the Court deems just and proper under the law.
124. Hudson is entitled to costs, including reasonable attorneys’ fees, pursuant
to 17 U.S.C. § 505.
COUNT XII – AGAINST ALL DEFENDANTS

Unauthorized Use of Name and Image for Advertising and Trade Purposes
N.Y. Civil Rights Law §§ 50 and 51
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126. Plaintiffs hereby incorporate and reallege the allegations set forth above.
127. Defendants have violated New York Civil Rights Law §§ 50 and 51 by
invading the privacy of Baylar by misappropriating his name and image, and publishing the same
on the Mizrahi Websites, which made it appear that Baylar was endorsing Defendants’ unlawful
activities when he did not.
128. Defendants’ use of Baylar’s name and image is designed to attract
business and promote the sale of the Offending Products. Upon information and belief, Baylor’s
name and image did attract business for Defendants.
129. At no point did Defendants ever receive permission or consent, be it
written or otherwise, to use Baylar’s name and image on their website.
130. Defendants were at all relevant times aware that they never received any
permission or consent from Baylar to use his name or image on any website or in any other
medium, in order to promote the Offending Products.
131. Defendants were aware at all relevant times that they were using Baylar’s
name and image on the Mizrahi Websites without any authorization.
132. At no point did Defendants ever compensate Baylar for the use of his
name or image.
133. No applicable privilege or authorization exists for Defendants’ use of
Baylar’s name or image.
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134. Due to Defendants’ knowing violation of Baylar’s rights of privacy and
publicity under §§ 50 and 51 of the New York Civil Rights Law, Baylar has been damaged in an
amount to be determined at trial, exclusive of punitive and exemplary damages.
135. In addition, and pursuant to New York Civil Rights Law § 51, Baylar
requests an Order permanently enjoining Defendants from violating his right to privacy and
publicity.
136. In addition, and likewise pursuant to New York Civil Rights Law § 51,
Baylar requests an award of punitive damages, in addition to any compensatory damages and in
an amount to be determined at trial, due to Defendants’ knowing and intentional violation of his
statutory rights to privacy and publicity.
WHEREFORE, Plaintiffs pray for the following relief:
(1) A Declaration that each of the Hudson Patents are valid and enforceable
by Plaintiffs;
(2) A Declaration that the Offending Products which have been manufactured,
imported, purchased, advertised, promoted, distributed, offered for sale and/or sold by
Defendants have infringed upon the rights conferred by the Hudson Patents;
(3) Entry of judgment that, by the acts complained of above, Defendants have
infringed the Hudson Patents;
infringed each and every one of the Hudson Trademarks in violation of 15 U.S.C. § 1125(a);
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engaged in common law unfair competition.
violated each and every one of the Hudson Copyrights;
(7) An Order requiring Defendants to account for all profits, income, receipts,
or other benefits derived by Defendants as a result of their unlawful conduct;
(8) An Order against Defendants award Plaintiffs all damages adequate to
compensate them for the infringement of any of the Hudson Patents in an amount to be proven at
trial, and in no event less than a reasonable royalty, loss of profits suffered by Plaintiffs, and
disgorgement of all of Defendants’ profits gained from the infringement of the Hudson Patents
pursuant to 35 U.S.C. § 289;
(9) An Order adjudging Defendants to have infringed upon the Hudson
Copyrights in violation of 17 U.S.C. §§ 106 and 501, and that Plaintiffs be awarded (i) actual
damages and Defendants’ profits, gains or advantages of any kind attributable to Defendants’
infringement of the Hudson Copyrights, or (ii) alternatively, statutory damages of up to $150,000
per copyrighted work infringed pursuant to 17 U.S.C. § 504;
(10) An award of Plaintiffs’ actual damages in an amount to be determined at
trial, together with the profits derived from Defendants’ infringement of the Hudson Trademarks,
under 15 U.S.C. § 1117;
(11) An award of compensatory and punitive damages recoverable under any
of Plaintiffs’ claims in an amount to be determined at trial;
(12) An award of Plaintiff’s costs, expenses, and attorneys’ fees pursuant to 17
U.S.C. § 505 and 15 U.S.C. § 1117;
(13) An Order against Defendants awarding Plaintiffs all damages, including
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treble damages, based on the infringement of any of the Hudson Patents found to be willful;
(14) An Order against Defendants awarding Plaintiffs actual damages and lost
profits arising from Defendants’ acts of trademark infringement, as well as an award of
Defendants’ profits improperly earned from their infringement of any of the Hudson
Trademarks, trebled;
(15) An Order against Defendants awarding Plaintiffs damages in an amount to
be proven at trial in connection with Defendants’ unlawful acts of unfair competition;
(16) An Order against Defendants awarding Plaintiffs damages arising from
Defendants’ acts of copyright infringement, in an amount to be determined at trial, including, but
not limited to, compensatory damages, statutory damages, restitution, including disgorgement of
profits, punitive damages, and pre-judgment and post-judgment interest, as permitted by law;
(17) An Order requiring Defendants to pay Baylar compensatory and
exemplary damages and punitive damages for violations of New York Civil Rights Law §§ 50
and 51;
(18) Entry of judgment that, Defendants’ patent, trademark, and copyright
infringements are willful, that this is an exceptional case, and awarding enhanced damages and
reasonable attorneys’ fees and costs to Plaintiffs;
(19) An Order preliminarily and 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 (i) imitating, copying, or making unauthorized use of the Hudson Trademarks, (ii)
copying, publicly displaying, or distributing any of the photographs which are the subject of the
Hudson Copyrights and/or otherwise infringing the Hudson Copyrights, (iii) using false
40
designations of origin or false or misleading statements or representations of fact that are likely
to cause confusion, mistake, or deception as to the origin, sponsorship, or approval of
Defendants’ goods and/or services, or commercial activities, including by using the photographs
which are the subject of the Hudson Copyrights, (iv) committing any acts causing, or calculated
to cause, purchasers or the trade to mistakenly believe that Defendants’ products are those of
Plaintiffs or vice versa, (v) making any use of Baylar’s name or image, or otherwise violating his
statutory right to privacy, and (vi) infringing the Hudson Patents;
(20) An Order directing Defendants to immediately provide Plaintiffs a
detailed list of all Offending Products in their possession, custody, or control and a list of all
customers to whom they have sold the Offending Products;
(21) An Order pursuant to 15 U.S.C. § 1116(a) directing Defendants to file
with this Court and to serve upon Plaintiffs’ counsel, within thirty (30) days after the entry and
service on Defendants of an injunction, a report in writing and under oath setting forth in detail
the manner and form in which Defendants have complied with the injunction; and
(22) An order against Defendants awarding Plaintiffs such other and further
relief as this Court deems proper.
41
Dated: June 25, 2020
HODGSON RUSS LLP
By: /s/ Patrick Hines

Neil B. Friedman
Patrick J. Hines
1540 Broadway, 24th Floor
New York, NY 10036
(212) 751-4300
Attorneys for Plaintiffs

Hudson Furniture, Inc. and
Barlas Baylar
42
082181.00110 Litigation 15510406v5

Case 1:20-cv-04891 Document 1-1 Filed 06/25/20 Page 1 of 3
EXHIBIT A
EXHIBIT B
From: ILS System <voyager@sun21.loc.gov>

Sent: Thursday, June 25, 2020 9:06 AM
To: Hines, Patrick
Subject: Copyright catalog Left Anchored Name Search for hudson furniture
External Email - Use Caution
Type of Work: Visual Material
Registration Number / Date:

VA0001984811 / 2015-11-16
Application Title: Hudson Furniture 9/4/2015.
Title: Hudson Furniture 9/4/2015.
Description: Electronic file (eService)
Copyright Claimant:
HUDSON FURNITURE INC.
Date of Creation: 2015
Date of Publication:
2015-09-04
Nation of First Publication:

United States
Authorship on Application:
Hudson Furniture, Inc., employer for hire; Domicile: United
States; Citizenship: United States. Authorship:
photograph.
Previous Registration:
2012, VA0001862678.
2014, VA0001908807.
Pre-existing Material:
Photographs.
Basis of Claim: Photographs.
Copyright Note: C.O. correspondence.

Basis for Registration: Unit of publication
Names: Hudson Furniture, Inc.
1
================================================================================
++++++++++++++++++++++++++++++++++++++++++
The Library of Congress
United States Copyright Office
101 Independence Ave., S.E.
Washington, D.C. 20559-6000
202-707-3000
2

To: Hines, Patrick

VA0001862678 / 2012-02-06
Copyright Claimant:
Hudson Furniture, Inc.
2012-01-31

United States
States. Authorship: photograph(s)
dining table and lighting photograph inset of page 86 of
catalog.
Basis of Claim: all other photographs.
================================================================================
1
++++++++++++++++++++++++++++++++++++++++++
202-707-3000
2

To: Hines, Patrick

VA0001908807 / 2014-03-21
Copyright Claimant:
2014-02-07

United States
States; Citizenship: United States. Authorship:
photograph(s)
2012, VA0001862678.
photograph(s)
Basis of Claim: photograph(s)

1
================================================================================
++++++++++++++++++++++++++++++++++++++++++
202-707-3000
2

To: Hines, Patrick

VA0002203849 / 2020-05-15
Application Title: Hudson Furniture Catalog 2019.
Title: Hudson Furniture Catalog 2019.
Copyright Claimant:
Hudson Furniture Inc.
2019-05-18

United States
Hudson Furniture Inc., employer for hire; Citizenship:
United States. Authorship: photograph.
2012, VA0001862678.
2014, VA0001908807.
photograph.
Basis of Claim: photograph.
Names: Hudson Furniture Inc.
================================================================================
1
++++++++++++++++++++++++++++++++++++++++++
202-707-3000
2
EXHIBIT C
EXHIBIT D
EXHIBIT E
USOOD697252S
(12) United States Design Patent (10) Patent No.: US D697,252 S

Baylar (45) Date of Patent: ... Jan. 7, 2014
(54) CHANDELIER D655.437 S * 3/2012 Baylar ........................... D26,81
D660,503 S * 5/2012 Gilad ...... ... D26/88
D663,884 S * 7/2012 Baylar ........ ... D26/88
(71) Applicant: Hudson Furniture, Inc., New York, NY D665,120 S * 8/2012 Damen et al. . . D26/128
(US) D679,851 S * 4/2013 Smith ......... ... D26/88
D690,052 S * 9/2013 Sabernig. ... D26.86
(72) Inventor: Bartas Baylar, New York, NY (US) D690,458 S * 9/2013 Baylar ......................... D26,118
(73) Assignee: Hudson Furniture, Inc., New York, NY OTHER PUBLICATIONS
(US) Serenti chandeliers shown on pp. 46 and 47 of the Eurofase Illumi
(**) Term: 14 Years nations Catalog #MKT-CAT-EF09. (C) 2009. (2 pages, includes rear
cover of catalog).
(21) Appl. No. 29/465,180 * cited by examiner
(22) Filed: Aug. 26, 2013 Primary Examiner — Clare E Heflin
(51) LOC (10) Cl. ................................................ 26-03 (74) Attorney, Agent, or Firm — Baker & Rannells, PA
(52) U.S. Cl.
USPC ........................................................... D26/88 (57) CLAM
(58) Field of Classification Search The ornamental design for a chandelier, as shown and
USPC .................... D26/72, 73, 81, 84, 88,90, 118, described.
D26/127-137; 362/147, 404 408,351,352,
362/360, 361 DESCRIPTION
See application file for complete search history.
FIG. 1 is an isometric view of a chandelier inaccordance with
(56) References Cited the new design;
U.S. PATENT DOCUMENTS FIG. 2 is a front elevational view thereof
FIG. 3 is a rear elevational view thereof;
D125,317 S * 2, 1941 Sabatini. ... D26/88 FIG. 4 is a right side elevational view thereof;
3,600,572 A * 8/1971 Grunwald 362,358 FIG. 5 is a left side elevational view thereof;
D368,148 S * 3/1996 Lee .............. ... D26.86 FIG. 6 is a top view thereof; and,
D481,484 S * 10/2003 Cuevas et al. ... D26/84 FIG. 7 is a bottom view thereof.
D593,705 S * 6/2009 Bilotti ...... D26,118 Broken lines in figures are for illustrative purposes only and
D604,451 S * 1 1/2009 Smith .......................... D26,118
D604,452 S * 1 1/2009 Smith ... D26,118 form no part of the design.
D622,893 S * 8/2010 Nadell ... ... D26/88
D635,711 S * 4/2011 Scutella' ........................ D26/88 1 Claim, 4 Drawing Sheets
U.S. Patent Jan. 7, 2014 Sheet 2 of 4 US D697,252 S



EXHIBIT F
| LONA LOUET LET DONNTETTUSOOD794862S
(12 ) Baylar
United States Design Patent ( 10) Patent No.: US D794 ,862 S
(45) Date of Patent: * * Aug . 15 , 2017
(54) CEILING LIGHT D712 ,586 S *
D776 ,856 S *
9 /2014 Bassetti ..........
1/ 2017 Arbel . .. . .. . .. . . .. .
D26 /88
D26 / 88
(71 ) Applicant: HUDSON FURNITURE , INC ., New D782, 722 S * 3 /2017 Kitts .. .. . . .. . . D26 / 86
York , NY (US) OTHER PUBLICATIONS
(72) Inventor : Barlas Baylar, New York , NY (US ) Trilliane Cluster Crystal 35 inch - W Schonbek Pendant
(73 ) Assignee : HUDSON FURNITURE , INC ., New # EU5W345 from Euro Style Lighting. eurostylelighting.com vis
York , NY (US) ited Mar. 31, 2017 .*
(* * ) Term : 15 Years * cited by examiner

(21) Appl. No.: 29 /562,613 Primary Examiner - Clare E Heflin
(74 ) Attorney, Agent, or Firm — Hodgson Russ LLP
(22) Filed : Apr. 27 , 2016 (57) CLAIM
(51) LOC ( 10) CI. .... 26 -03
The ornamental design for a ceiling light, as shown and
(52) U .S . CI.
USPC ........... . . .. . . . D26 /84 ; D26 /88 ; D26 /90 described .
(58 ) Field of Classification Search DESCRIPTION
USPC ........ D26 /63, 76 , 81, 83 , 84 , 86 , 87 , 88, 90 ,
D26 /91 , 118 , 128 , 129, 130 – 134 FIG . 1 is a front- top - right perspective view of a ceiling light
CPC ... F21S 8 /04 ; F21S 8/043 ; F21S 8/046 ; F21S showing my new design ;
8 / 06 ; F21S 8 / 061; F21S 8 /063; F21S FIG . 2 is a rear-top -left perspective view thereof;
8 /065 FIG . 3 is a front-bottom -right perspective view thereof;
See application file for complete search history. FIG . 4 is a rear -bottom -left perspective view thereof;
(56 ) References Cited FIG . 5 is a front elevational view thereof;
FIG . 6 is a rear elevational view thereof;
U . S . PATENT DOCUMENTS FIG . 7 is a right side elevational view thereof;
FIG . 8 is a left side elevational view thereof;
D622 ,437 S * 8 / 2010 Crosby D26 /87 FIG . 9 is a bottom view thereof; and ,
D633,643 S * 3 / 2011 De Lucchi ............... D26 /88 FIG . 10 is a top view thereof.
D639 ,487 S * 6 /2011 Baylar . . . . . ... . D26 /88
D655,437 S * 3 / 2012 Baylar D26 / 81 The broken lines illustrate unclaimed portions of the ceiling
D663,884 S * 7 /2012 Baylar D26 /88 light that form no part of the claimed design .
D695 , 944 S * 12 /2013 Baylar D26 /88
D697 ,251 S * 1/2014 Baylar .. ... . ... .. . D26 /88 1 Claim , 10 Drawing Sheets
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USOOD8588575
(12 ) Baylar
United States Design Patent ( 10) Patent No.: US D858,857 S
(45) Date of Patent: * * Sep . 3 , 2019
(54 ) LIGHT FIXTURE 6 , 863, 423 B2 3 /2005 Stone
D505,512 S 5 / 2005 Rugee
(71) Applicant: HUDSON FURNITURE , INC ., New D505,513 S 5 /2005 Rugee
D508, 294 S 8 /2005 Rugee
York , NY (US ) D521 , 176 S 5 /2006 Rugee
D533 ,299 S 12 /2006 Rugee
(72 ) Inventor: Barlas Baylar, New York , NY (US) D536 ,479
D538,460
S
S
2 /2007 Rugee
3 / 2007 Rugee
(73 ) Assignee : HUDSON FURNITURE , INC ., New D556 ,937 S 12/ 2007 Ly
D573, 506 S * 7 / 2008 Kaiser D11/117
York , NY (US) D592,790 S 5 /2009 Sabernig
D597,243 S 7 / 2009 Trumble
(* * ) Term : 15 Years D612 ,535 S 3/ 2010 Fisher
(Continued )
(21) Appl. No.: 29/690,813 Primary Examiner — Brian N . Vinson
(22 ) Filed : May 10, 2019 (74 ) Attorney , Agent, or Firm — Hodgson Russ LLP
(51) LOC ( 12 ) Cl. .... 26 -03
(52 ) U . S . CI. (57) CLAIM
USPC ..... .... D26 /94 The ornamental design for a light fixture , as shown and
(58 ) Field of Classification Search described .
USPC .... D26 /24, 93 , 104 , 105 , 106 , 110 , 79, 118 ,
D26 /73 , 102; D11/ 131 , 141 DESCRIPTION
CPC ..... F21S 6 /00 ; F21S 6 /002; F21S 8 /00 ; F21S The file of this patent contains at least one drawing/photo
6 /08 ; F21V 3 /00 ; F21V 21/02 , F21W
2131/ 10 ; F21W 2131/30 ; A63F 7 /02; graph executed in color. Copies of this patent with color
A63H 33 / 40 : B23C 3 /00 drawing (s )/photograph (s ) will be provided by the Office
See application file for complete search history. upon request and payment of the necessary fee .
FIG . 1 is a front-to -left perspective view of a light fixture
( 56 ) References Cited showing my new design .
FIG . 2 is a front elevation view thereof ;
U . S . PATENT DOCUMENTS FIG . 3 is a rear elevation view thereof;
D38 , 155 S 8 / 1906 Bates FIG . 4 is a left side elevation view thereof;
D142, 871 S * 11/ 1945 Kauders D26 / 73 FIG . 5 is a right side elevation view thereof;
D193 , 107 S * 6 / 1962 Rivera . . . . . . . . . . . . . . . . . . . . . . . . . . D26 / 73 FIG . 6 is a top plan view thereof;
D219 ,710 S 1 / 1971 Edenberg FIG . 7 is a bottom plan view thereof;
D226 ,532 S 3 / 1973 Ishii FIG . 8 is a rear-bottom -right view thereof;
D233 ,249 S * 10 / 1974
974 Luhge .......................... D26 / 102 FIG . 9 is a front -bottom - left perspective view thereof; and ,
D287 ,345 S * 12/ 1986 McLaughlin ... ... . .. ... ... . D11/ 117
D385, 375 S * 10 / 1997 Porter ................ D26 /73 FIG . 10 is a rear-top - right perspective view thereof.
D387, 448 S 12 / 1997 Barthelmess
D452 ,576 S 12 / 2001 Liu 1 Claim , 10 Drawing Sheets
D482 ,815 S 11/2003 Rugee ( 10 of 10 Drawing Sheet (s) Filed in Color)
US D858 ,857 S
Page 2
(56 ) References Cited

U . S . PATENT DOCUMENTS
7,744 ,317 B2 * 6 /2010 Barbir B23C 3 /00
144 /371
D634 ,877 S 3 /2011 Pedrali
D667 , 158 S 9 / 2012 Fisher
D695 , 944 S 12/ 2013 Baylar
D704 ,882 S 5 / 2014 Wanders
D713 , 084 S 9 / 2014 Clark
D719 ,697 S 12/ 2014 Wanders
D722 ,401 S 2 / 2015 Sterling
D727, 556 S * 4 / 2015 Arslan D26 / 113
D759,875 S 6 /2016 Giopato
D760 ,938 S 7 /2016 Dixon
D793,605 S 8 / 2017 Cartwright
D794, 862 S 8 / 2017 Baylar
D806 ,305 S 12 / 2017 Amato
D809, 183 S 1/ 2018 Rybakken
D816 ,884 S 5 / 2018 Rachele
D820 ,499 S 6 / 2018 Zhou
D825,090 S 8 /2018 Richardson
D826 ,451 S 8 /2018 Sonneman
D826 ,452 S 8 / 2018 Sonneman
D826 ,453 S 8 / 2018 Sonneman
D828, 945 S 9 / 2018 Crocker
D829, 954 S 10 / 2018 Sonneman
D831, 263 S 10 /2018 Streit
2003/ 0016544 Al 1 / 2003 Huang
2013 /0265758 A1 10 / 2013 Smith
2017 /0198893 AL 7 / 2017 Sonneman
2018 / 0087756 AL 3 / 2018 Sonneman
* cited by examiner
U . S . Patent Sep . 3 , 2019 Sheet 1 of 10 US D858 ,857 S
1
.
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2
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U . S . Patent Sep. 3 , 2019 Sheet9of 10

Sheet 9 of 10 US D858 ,857 S
*
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9
.
10
.
FIG
EXHIBIT H
USOOD695944S
(12) United States Design Patent (10) Patent No.: US D695,944 S

Baylar (45) Date of Patent: . Dec. 17, 2013
(54) CHANDELIER D655,437 S * 3/2012 Baylar
y ........................... D26,81
D660,500 S *ck 5/2012 Martin ... ... D26/82
(71) Applicant: Hudson Furniture, Inc., New York, NY D660,503 S 5/2012 Gilad ............................. D26/88
(US) OTHER PUBLICATIONS
(72) Inventor: Barlas Baylar, New York, NY (US) Emilia chandeliers shown on pp. 67 and 68 of the Eurofase Lighting
Illuminations Supplement 2010 catalogiMKT-CAT-EF10. (C) 2010.*
(73) Assignee: Hudson Furniture, Inc., New York, NY Vidra pendant shown on pp. 81 and 82 of the Euro?ase Lighting
(US) Illuminations Supplement 2010 catalog #MKT-CAT-EF10. (C) 2010.
(2 pages, includes rear cover of catalog).
(**) Term: 14 Years Ryli Pendants shown on pp. 75 and 76 of the Eurofase Lighting
Illuminations Supplement 2010 catalogiMKT-CAT-EF10. (C) 2010.*
Nimah pendant on p. 204 and wall sconce on p. 205 of the Eurofase
(21) Appl. No. 29/467,914 Lighting Illuminations catalog #MKT-CAT-EF09 (C) 2009.*
Dela Chandeliers shown on p. 220 of the of the Eurofase Lighting
(22) Filed: Sep. 25, 2013 Illuminations catalog #MKT-CAT-EF09 C)2009.(2 pages, includes
(51) LOC (9) Cl. .................................................. 26-03 rear cover of catalog).*
(52) U.S. Cl. k .
USPC ........................................................... D26/88 cited by examiner
(58) Field of Classification Search Primary Examiner — Clare E Heflin
USPC .................... D26/72, 73, 81, 84, 88,90, 118, (74) Attorney, Agent, or Firm — Baker & Rannells, PA
D26/127-137; 362/147, 404 408,351,352,
362/360, 361 (57) CLAM
See application file for complete search history. The ornamental design for a chandelier, as shown and
described.
(56) References Cited
DESCRIPTION
U.S. PATENT DOCUMENTS
FIG. 1 is a front elevational view in accordance with the new
D79,411 S * 9/1929 Aglow .. P29.85 design;
D260,938 S * 9/1981 Zurcher ... ... D26/91 *.
D293,723 S * 1/1988 Buttner ...
D331,986 S * 12/1992 Cordero .......
"D3,136
... D26/88
E 2 is area elevational view thereof,
FIG. 3 is a right side elevational view thereof;
D597,244 S * 7/2009 Trumble et al. . D26/90 FIG. 4 is a left side elevational view thereof;
D597,245 S 7/2009 Trumble et al. . ... D26/90 FIG. 5 is a top plan view thereof; and,
D604,452 S 11/2009 Smith ......... . . D26,118 FIG. 6 is a bottom plan view thereof.
D620,173 S * 7/2010 Sabernig ... D26/81 The broken li h the d depict t
D628,336 S * 1 1/2010 Baylar ... D26/88 e broken lines snown on une arawings depict environmen
D633,643 S * 3/2011 De Lucchi D26/88 only and form no part of the claimed design.
D635,711 S * 4/2011 Scutella' . D26/88
D639,487 S * 6/2011 Baylar ........................... D26/88 1 Claim, 4 Drawing Sheets
U.S. Patent Dec. 17, 2013 Sheet 1 of 4 US D695,944 S
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Hudson Furniture v. Mizrahi - Complaint

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Case 1:20-cv-04891 Document 1 Filed 06/25/20 Page 1 of 42

UNITED STATES DISTRICT COURT

HUDSON FURNITURE, INC. and BARLAS COMPLAINT

NATURE OF THE ACTION

1. This is a civil action for trademark infringement, false designation of

JURISDICTION AND VENUE

3. Venue is proper, inter alia, pursuant to 28 U.S.C. §§ 1391(b)(1),

4. Personal jurisdiction over each Defendant is proper in this District

registered to do business in the State of New York.

5. Plaintiff, Hudson, is a corporation organized and existing under the laws

New York 10013.

6. Plaintiff, Baylar, is an individual domiciled in the State of New York and

County of New York.

7. Upon information and belief, Mizrahi is an individual that operates and

www.alanmizrahilighting.net/ and www.alanmizrahi.net/ (hereafter the “Mizrahi Domains”).

lighting.myshopify.com>, and a Facebook shop located at

<www.facebook.com/pg/alanmizrahilighting/shop> (all Mizrahi Domains and ecommerce

platforms collectively, the “Mizrahi Websites”).

8. Based upon documents submitted in pending litigation in this District for

S.D.N.Y. No. 17-cv-05553-LGS-GWG, Dkt. 128, 156)

9. Upon information and belief, LIGHTING DESIGN WHOLESALERS

wrongful acts alleged herein.

New York, New York 10013.

privacy, to advertise and market Defendants’ products in New York.

to privacy, in this judicial district.

their acts to have consequences in New York.

15. In addition, upon information and belief, Mizrahi maintained ownership

publicly displayed infringing copies of Plaintiff’s copyrighted photographs, and to advertise,

market, and sell infringing products.

16. Hudson is a well-known manufacturer, distributor, and retailer of certain

registration certificates are attached hereto as Exhibit A.

17. The HUDSON FURNITURE and BARLAS BAYLAR trademarks are

incontestable under Section 15 of the Lanham Act, 15 U.S.C. §1065.

comprised of high quality materials manufactured by Plaintiffs’ artisans to high standards. As a

result, Plaintiffs have developed a reputation as an innovative source of unique, designer-class

lighting fixtures for the discriminating purchaser.

publications, and through contractors, architects, and interior designers.

21. In addition to the HUDSON FURNITURE and BARLAS BAYLAR

PANGEA, LA CAGE, BRITANICA, VALIANT, PANTHEON, TUSK, and LOTUS.

22. The MOTHER, PANGEA, LA CAGE, BRITANICA, VALIANT,

MOTHER, PANGEA, LA CAGE, BRITANICA, VALIANT, PANTHEON, TUSK, and LOTUS

trademarks are collectively referred to as the “Hudson Trademarks”).

23. The Hudson Trademarks were used as designations of source in interstate

commerce long before any date that may be claimed by Defendants.

and to the photographs, including the copyright thereto.

States copyright registrations, including without limitation the following:

27. Confirmatory copies of the foregoing Certificates of Registration are

annexed hereto as Exhibit B (hereinafter the “Hudson Copyrights”).

29. As evidenced by the Certificates of Copyright Registration referenced

The Hudson Patents

Title Representative View US Design Patent

“Ceiling Light” Patent

“Light Fixture” Patent

Title Representative View US Design Patent

(collectively, the “Hudson Patents”).

attached hereto as Exhibit E.

attached hereto as Exhibit G.

46. United States Patent No. D695,944(the “D’944 Patent”) entitled

is attached hereto as Exhibit H.

DEFENDANTS’ WRONGFUL CONDUCT

Defendants have chosen to improperly piggyback on Plaintiffs’ success and reputation by

blatantly copying Hudson’s lighting designs, and manufacturing, importing, purchasing,

<www.alanmizrahi.net> and <www.alanmizrahilighting.net>. Copyrighted photos were also