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JS44C/SDNY
REV. 4/2014
PLAINTIFFS
H Young (Operations) Limited
CIVIL COVER SHEE
14 QV airier repleree-nor supplement the The JS-44 civil cover sheet and the information contained herein neitJieTrepWBVnor supplement the filing and si __
pleadings orother papers as required by law, except as provided by local rules ofcourt. This form, approved by trie
Judicial Conferenceof the United States inSeptember 1974, is required for use of the Clerkof Courtforthe purpose of
initiating the civil docket sheet.
J^4 99
OCT 2 4 2014
DEFENDANTS
Target Corporation and Steven Madden, Ltd.
ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER ATTORNEYS (IF KNOWN)
Cowan, Liebowitz & Latman, P.C.
1133 Avenue of the Americas, New York, NY 10036
(212)790-9200
CAUSEOF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OFCAUSE?
(DONOT CITEJURISDICTIONAL STATUTES UNLESSDIVERSITY)
Copyright Infringement
Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time? Nt&esL-Uudge Previously Assigned
If yes, was this case Vol. Invol. Dismissed. No Yes [~J If yes, give date.
IS THIS AN INTERNATIONAL ARBITRATION CASE? No 0 Yes \_\
& Case No.
(PLACEAN[x] INONEBOXONLY)
TORTS
CONTRACT PERSONAL INJURY
I 1110
INSURANCE ( J310 AIRPLANE
[ 1120 MARINE | ] 315 AIRPLANE PRODUCT
[ 1130 MILLER ACT LIABILITY
I 1140 NEGOTIABLE | J320 ASSAULT, LIBEL &
INSTRUMENT SLANDER
I 1150 RECOVERY OF | | 330 FEDERAL
OVERPAYMENT & EMPLOYERS'
ENFORCEMENT LIABILITY
OF JUDGMENT | J 310 MARINE
I 1151
MEDICARE ACT ( ] 345 MARINE PRODUCT
[ )152 RECOVERY OF LIABILITY
DEFAULTED [ ] 350 MOTOR VEHICLE
STUDENT LOANS | ) 355 MOTOR VEHICLE
(EXCL VETERANS) PRODUCT LIABILITY
11153 RECOVERY OF [ ] 360 OTHER PERSONAL
OVERPAYMENT INJURY
OF VETERAN'S [ ] 362 PERSONAL INJURY -
BENEFITS
MED MALPRACTICE
[ ]160 STOCKHOLDERS
SUITS
[ 1190 OTHER
CONTRACT
[ J 195 CONTRACT
PRODUCT ACTIONS UNDER STATUTES
LIABILITY
[ ) 196 FRANCHISE CIVIL RIGHTS
[ ] 440 OTHER CIVIL RIGHTS
(Non-Prisoner)
REAL PROPERTY
( ]441 VOTING
I 1210 LAND ( ) 442 EMPLOYMENT
CONDEMNATION | j 443HOUSING/
[ ]220 FORECLOSURE
ACCOMMODATIONS
( ]230 RENT LEASE &
[ ]445 AMERICANS WITH
EJECTMENT
DISABILITIES -
I I 240 TORTS TO LAND
EMPLOYMENT
I I 245 TORT PRODUCT
[ ]446 AMERICANS WITH
LIABILITY
DISABILITIES -OTHER
[ ]290 ALL OTHER
REAL PROPERTY
[ J448 EDUCATION
Checkif demanded in complaint:
CHECK IF THIS IS ACLASS ACTION
UNDER F.R.C.P. 23

DEMAND $ OTHER
Check YES onlyifdemandedincomplaint
JURY DEMAND: DYES LNO
NATURE OF SUIT
PERSONAL INJURY FORFEITURE/PENALTY
[ ) 367 HEALTHCARE/
PHARMACEUTICAL PERSONAL , , 625 DRUGRELATED
INJURY/PRODUCT LIABILITY S|2URE QF PR0PERTy
[ ] 365 PERSONAL INJURY 21 USC881
PRODUCT LIABILITY . , ,, OTHER
[] 368 ASBESTOS PERSONAL ' I""1""
INJURY PRODUCT
LIABILITY
PERSONAL PROPERTY
[ ] 370 OTHER FRAUD
[ ] 371 TRUTH INLENDING
( J 380 OTHER PERSONAL
PROPERTY DAMAGE
[ J 385 PROPERTY DAMAGE
PRODUCT LIABILITY
PRISONER PETITIONS
[ ] 463 ALIEN DETAINEE
[ ] 510 MOTIONS TO
VACATE SENTENCE
28 USC 2255
[ ] 530 HABEAS CORPUS
[ ] 535 DEATH PENALTY
| ] 540 MANDAMUS &OTHER
PRISONER CIVIL RIGHTS
[ ) 550 CIVILRIGHTS
[ ] 555 PRISON CONDITION
[ J 560 CIVILDETAINEE
LABOR
[ J 710 FAIR LABOR
STANDARDS ACT
| ] 720 LABOR/MGMT
RELATIONS
I ] 740 RAILWAY LABORACT
| ] 751 FAMILYMEDICAL
LEAVE ACT (FMLA)
( ] 790 OTHER LABOR
LITIGATION
| ] 791 EMPL RET INC
SECURITY ACT
IMMIGRATION
| ] 462 NATURALIZATION
APPLICATION
| ] 465 OTHER IMMIGRATION
ACTIONS
CONDITIONS OF CONFINEMENT
ACTIONS UNDER STATUTES
BANKRUPTCY
| ] 422 APPEAL
28 USC 158
| ] 423 WITHDRAWAL
28 USC 157
PROPERTY RIGHTS
Dd 820 COPYRIGHTS
| ] 830 PATENT
| ] 840 TRADEMARK
SOCIAL SECURITY
[ ] 861 HIA(1395ff)
[ ] 862 BLACKLUNG (923)
| ) 863 DIWC/DIWW(405(g))
[ ] 864 SSID TITLE XVI
[ ] 865 RSI (405(g))
FEDERAL TAX SUITS
[ ] 870 TAXES (U.S. Plaintiff or
Defendant)
( ) 871 IRS-THIRD PARTY
26 USC 7609
OTHER STATUTES
I ) 375 FALSE CLAIMS
( j 400STATE
REAPPORTIONMENT
1 J410 ANTITRUST
[ 1430 BANKS &BANKING
[ 1450 COMMERCE
[ ] 460 DEPORTATION
[ ) 470 RACKETEER INFLU
ENCED & CORRUPT
ORGANIZATION ACT
(RICO)
( ]480 CONSUMER CREDIT
| ] 490 CABLE/SATELLITE TV
| ] 850 SECURITIES/
COMMODITIES/
EXCHANGE
) 890 OTHER STATUTORY
ACTIONS
] 891 AGRICULTURAL ACTS
) 893 ENVIRONMENTAL
MATTERS
] 895 FREEDOM OF
INFORMATION ACT
] 896 ARBITRATION
] 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION
[ ] 950 CONSTITUTIONALITY OF
STATE STATUTES
DO YOU CLAJM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?
JUDGE DOCKET NUMBER
NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).
(PLACEANx INONE BOX ONLY)
LEJ 1 Original LJ 2 Removed from LJ 3 Remanded
Proceeding state court from
fj a. all parties represented Appellate
| | b. At least one
party Is pro se.
(PLACEAN x INONEBOXONLY) BASIS OF JURISDICTION
1 US PLAINTIFF 2 U.S. DEFENDANT [*] 3 FEDERAL QUESTION Q4 DIVERSITY
(U.S. NOT A PARTY)
ORIGIN
| | 4 Reinstated or Q 5 Transferred from 6 Multidistrict
Reopened (Specify District) Litigation
I I 7 Appeal toDistrict
Judge from
Magistrate Judge
Judgment
IF DIVERSITY, INDICATE
CITIZENSHIP BELOW.
CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)
(Placean [X] inone boxforPlaintiff and one boxfor Defendant)
PTF DEF
CITIZEN OF THIS STATE ( ] 1 [ ] 1
CITIZEN OF ANOTHER STATE ( ] 2 [ ] 2
CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY
PTF DEF
[ ]3[ ]3
PTF DEF
INCORPORATED and PRINCIPAL PLACE [ ] 5 [ ] 5
OF BUSINESS IN ANOTHER STATE
INCORPORATED or PRINCIPAL PLACE [ ] 4 [ ) 4
OF BUSINESS IN THIS STATE
FOREIGN NATION
PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)
HYoung (Operations) Limited
Buckingham House, West Street
Newbury, Berkshire, RG14 1BD
United Kingdom
DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)
Target Corporation
1000 Nicollet Mall
Minneapolis, Minnesota 55403
Hennepin County
Steven Madden, Ltd.
52-16 Barnett Avenue
Long Island City, New York 11104
Queens County
[]6
REPRESENTATION ISHEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TOASCERTAIN
RESldENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:
Checkone: THIS ACTION SHOULD BE ASSIGNED TO: WHITE PLAINS S MANHATTAN
(DO NOT checkeitherbox ifthis a PRISONER PETITION/PRISONER CIVIL RIGHTS
COMPLAINT.)
DATE 10/23/14 SIGnRtURE OF, ATTORNEY OF RECORD ADMITTED TO PRACTICE IN THIS DISTRICT
~ [ ] NO
[Xj YES (DATE ADMITTED Mo. April Yr. 1994 )
RECEIPT # ( "\ ) I \ Attorney Bar Code #jzk@cll.com
Magistrate Judge is to be desigrWecKby the Clerk of the Co|^|j, JUiAii, 1'4. ^Ul
Magistrate Judge
is so Designated.
Ruby J. Krajick, Clerk of Court by
Deputy Clerk, DATED
UNITEDSTATES DISTRICT COURT (NEW YORK SOUTHERN)
Clear Form Save
Print
JUDGE OETKEH
DifrlfcT coift 4: \3 *f
RIC* OF NEW YORK
IN THE UNITED STATES
FOR THE SOUTHEr|.i|tRI<
H YOUNG (OPERATIONS) LIMITED
Plaintiff,
Civil Action File No
vs.
TARGET CORPORATION and STEVEN
MADDEN, LTD.
Defendants.
Pi5 r-
rv^ i_J
' ' C'
CO
COMPLAINT
Plaintiff H Young(Operations) Limited, by its undersigned attorneys, for its complaint
against Defendants, alleges as follows:
PARTIES
1. Plaintiff H Young(Operations) Limitedis a United Kingdom companyhaving an
address at Buckingham House, West Street, Newbury, Berkshire, RG14 IBD, United Kingdom
("HYO").
2. Upon information and belief, Defendant Target Corporation is a Minnesota
corporation with an address at 1000Nicollet Mall, Minneapolis, Minnesota55403 ("Target").
3. Upon information and belief, Defendant Steven Madden, Ltd. is a Delaware
corporationwith an address at 52-16 Barnett Avenue, Long Island City, New York 11104
("Madden"). Target and Madden are hereinafter collectively referred to as "Defendants."
30430/000/1546450.1
JURISDICTION
4. The Court has jurisdiction over this action for copyright infringement under 28
U.S.C. 1331 and 1338(a).
5. Defendants are subject to personaljurisdiction in this District because, upon
information andbelief, they are all locatedand doingbusiness in this District and/or have all sold
or offered to sell the infringing products at issue in this District.
6. Venue is proper under 28 U.S.C. 1391(b) and 1400(a).
FACTS
HYP and the Copyrighted HYP Design
7. HYOowns and manages a portfolio of brands in a varietyof industries, including
the popular ANIMAL sportslifestyle brandbased in the United Kingdom. HYO's ANIMAL
Division not onlydesigns its own goods, but alsomanyof the original patterns and textile
designs that appear on its products, such as apparel, luggage, and accessories.
8. In 2011, HYOcreateda fabric designknown as the "Thrill Print" (the "HYO
Design"), copies of whichare attached as Exhibit A. The HYODesignis an original and
creative work of authorship and constitutes copyrightable subject matter under the Copyright
Act.
9. TheHYO Design was created in-house by one of HYO's full-time design
employees. As such, it is a work-for-hire owned exclusivelyby HYO.
10. The copyright in the HYO Design has been duly registered with the United States
Copyright Office. Acopy of Copyright Registration VA-1-860-420 reflecting HYO's ownership
of thecopyright in theHYO Design is attached hereto as Exhibit B. HYO's copyright in the
HYO Design is valid and subsisting.
30430/000/1546450.1
11. The HYO Design is comprised of rows of many different geometric shapes and
patterns, selected, positioned, and arranged in a unique and original way. One idiosyncratic detail
of the HYO Design is that it incorporates into one single element of its complex pattern a
rendition of one of a number of logo designs the ANIMAL brand uses for its products, as shown
below:
555555&SSS5S535S5555555555S5E
$MmmMwmmw*
^WaVaVaM
iimiiiHiHinuiiHiiHBHimiiiniiHiiiiiiiiiniiiiiiiimiiiii
>/>^o<>,Oa>i: -,V. V -V/,V/ v^v>.v.
HYOuses this lone detail both as a brand identifier and as a marker to identify potential
infringements where the copying is so scrupulous as to appropriate even this lone element.
12. Products bearing the HYO have been distributed internationally and have been
readily available in many markets. Those products include various handbags, tops, jackets, t-
shirts, dresses and belts, sample images of which are attached as Exhibit C.
Defendants' Infringing Activities
13. HYO has recently learned that Target has advertised, promoted, and sold at least
two differently-styled bags under the MOSSIMO name bearing a fabric design copied from and
strikingly similar to the HYO Design (the "Infringing Products"). These two infringing bags,
juxtaposed to the HYO Design from which they copy, appear below:
30430/000/1546450.
Infringing Products
HYP Design
30430/000/1546450.
14. Notably, the first ofthe Infringing Products (appearing inblue above) even goes
so far as to copy the five-petaled ANIMAL logo appearing one time in the HYO Design, as
depicted below.
HYP Flower Logo Infringing Products Detail
15. Upon information and belief, Madden supplied the first ofthe two Infringing
Products (appearing inblue above) toTarget for resale under Target's MOSSIMO line. HYO
has not yet determined Target's supplier for the second of the Infringing Products.
16. The Infringing Products bear designs that are virtually identical, strikingly similar
replicas ofthe HYO Design. Indeed, it isnot plausible that Target, Madden orany supplier from
whom they might have sourced the Infringing Products orpatterns appearing thereon, could have
arrived at these infringing designs without reference tothe HYO Design.
17. The fact that even the single ANIMAL logo was replicated isdamning proof that
these designs werecopied from the HYO Design.
18. Upon information and belief, Defendants and/or their suppliers for the Infringing
Products had access to and copied the HYO Design. Moreover, the striking similarity between
the designs on the Infringing Products and the HYO Design make any source other than copying
not reasonably possible.
30430/000/1546450.1
CLAIM FPR RELIEF - CPPYRIGHT INFRINGEMENT
19. HYOrepeats and realleges the allegations set forth in paragraphs 1-18 of the
Complaint withthe sameforce and effect as if set forthfullyherein and incorporates such
allegations by reference herein.
20. By virtue of the conduct as described above, Defendantshave infringedHYO's
exclusive copyright rights in the HYO Design under the Copyright Act.
21. By the acts complained of, Defendants have made profits and gains to which they
are not in law or equity entitled.
22. The infringements of HYO's copyright rights in the HYO Design have damaged
and will continueto damage HYO and cause it irreparable harm. HYOhas no adequate remedy
at law.
REPUEST FPR RELIEF
WHEREFORE, HYO demands judgment as follows:
A. Ordering that Defendants, their agents, officers, servants, employees, successors
and/or assigns, and all persons or companies in active concert and/or participation with them, be
permanently enjoined from reproducing, making, reprinting, publishing, displaying,
manufacturing, selling, offering for sale, promoting, advertising, distributing and/or
commercially exploiting in any manner, either directly or indirectly, any products on which are
imprintedor which display unauthorized copies of the HYO Design or any designs substantially
similar thereto, including without limitation the Infringing Products;
B. Awarding HYO all damages suffered by HYO as a result of Defendants'
infringing acts, and all profits derived from Defendants' infringing acts in an amount to be
30430/000/1546450.
determined at the trial of this action; or in lieuof suchdamages and profits, should HYO so elect,
an award of statutory damages, as provided by 17 U.S.C. 504(c);
C. Ordering that Defendants deliver to HYOfor destruction all products, designs,
brochures, catalogues, means of manufacture and/or other materials in Defendant's possession or
control, which, if sold, distributed or used in any way wouldviolate paragraphA above; and
D. Awarding HYO attorneys' fees, costs and disbursements in this action;
E. Awarding HYO prejudgment and post-judgment interest.
F. For such other and further relief as the Court may deemjust and proper.
Dated: New York, New York
October 23, 2014
30430/000/1546450.1
COWAN, I^EBQWIT^& LATMAN, P.C.
By: A| n/1
Johajnan Z. Kin# (2494359)
1133 Avel^ of the A^ritas
New York, New York 10036-6799
(212)790-9200
Attorneys for Plaintiff
H Young (Operations) Limited