...

-~~

·'·

. \
Martin B. Pavane (MP4871)
Edward M. Weisz (EW4461)
Lisa A. Ferrari (LF8081)
COZEN O'CONNOR
277 Park Avenue
New York, New York 10172: ...
Tel. (212) 883-4900
· ~·.~
Fax: (212) 986-0604
Email: n1pavane(a)cozen. com
eweisz@cozen. coin
lferrari(Q),cozen.con1

__

, . _ ·-·,·-··-- .. -

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14 CV., 8 749
..........
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

-------------------------------------------------------------)(

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Case l'To:

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GODINGER SILVER ART, LTD.,
Plaintiff,

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COMPLAINT FOR COPYRIGHT:::
INFRINGEMENT

DEMA.ND FOR JURY TRIAL

HOMEGOODS, INC.,
Defendant.

-------------------------------------------------------------){
Plaintiff Godinger Silver Art, Ltd., by its attorneys, Cozen O'Connor, as and for its
Complaint, alleges:
THE PARTIES

Plaintiff Godinger Silver Art, Ltd. ("Godinger" or "plaintiff') is now, and at all

relevant times was, a limited liability corporation organized and existing under the laws of the
State of New York, with its principal place of business located at 63-15 Traffic Avenue,
Ridgewood, New York 11385.

2.

Upon information and belief, defendant HomeGoods, Inc. ("HomeGoods" or

"defendant") is now, and at all relevant times was, a corporati.on organized and existing under
the laws of the State of Delaware, with its principal place of business located at 770 Cochituate
Road, Framingham, MA 01701.
LEGAL\21274574\1

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-against-

1.

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(_.)

JURISDICTION AND VENUE

3.

This is an action for copyright infringement under the Copyright Act of 1976, as

amended, 17 U.S.C. § 101, et seq.

4.

This Court has jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and

5.

Venue is proper pursuant to 28 U.S.C. § 1391 because the defendant resides

1338.

and/or is found within this district, the claims arose within this district, and a substantial part of
property that is the subject of this action is situated in this district.
GENERAL ALLEGATIONS~

6.

Godinger is a well-known designer and manufacturer of high quality silver-plated,

crystal, stainless steel and alternative metal giftware, which it sells and distributes to customers
throughout the United States and elsewhere.
Godinger's Dublin Glass Design

7.

Pursuant to a work for hire arrangement, Godinger created, designed and

completed in 2001 a new and original sculptural work consisting of a design entitled "Dublin
Glass" (hereinafter referred to as ''the Dublin Glass Design").

8.

The Dublin Glass Design was published in the lJnited States on March 31, 2001,

and was duly registered for copyright in the United States Copyright Office in plaintiffs name
under Registration No. VA 1-389-466. Attached to this Complaint as Exhibit A is a copy of the
Certificate of Copyright Registration for the Dublin Glass Design, issued November 27, 2006,
and attached as Exhibit B are photographs of a Godinger beverage glass incorporating the Dublin
Glass Design.

2
LEGAL\21274574\1

9.

At all relevant times, Godinger has been, and is now, the sole and exclusive

owner of all rights, title and interest in the copyright for the Dublin Glass Design.
10.

Godinger manufactures and sells beverage glasses incorporating the Dublin Glass

Design to department stores and other retailers and customers.
Defendant's Copyright Infringement Concerning The Dublin Glass Design
11.

Defendant has infringed Godinger' s copyright in the Dublin Glass Design by

advertising, offering for sale, and/or selling beverage glasses incorporating the Dublin Glass
Design.

12.

Attached to this Complaint as Exhibit C are photographs of the Home Goods

beverage glass bearing the Dublin Glass Design and a photograph of the Home Goods label on
the bottom of said infringing beverage glass.
13.

As is evident from a comparison of Exhibits B and C, the beverage glass

advertised, offered for sale and sold by defendant is substantially similar to, and
indistinguishable from, Godinger' s Dublin Glass Design.
14.

Prior to defendant's offer of sale and sale of its infringing beverage glass bearing

the Dublin Glass Design, defendant had access to plaintiff's copyrighted Dublin Glass Design in
that, inter alia, defendant previously purchased from Godinger and sold Godinger beverage
glasses incorporating the Dublin Glass Design.
15.

The design of the beverage glass offered for sale and sold by defendant was

copied from the Dublin Glass Design.

3
LEGAL\21274574\1

16.

The layout, presentation, ~nd overall feel of the design of the beverage glass

offered for sale and sold by defendant is the same as the layout, presentation, and overall feel of
the Dublin Glass Design.
17.

Godinger has never authorized defendant to use the Dublin Glass Design in any

manner.
18.

Upon information and belief, defendant has willfully and intentionally infringed

Godinger' s copyright in Godinger' s Dublin Glass Design.
Godinger's Palm Glass Design
19.

Pursuant to a work for hire arrangement, Godinger created, designed and

completed in 2013 a new and original sculptural work consisting of a design entitled "Palm
Glass" (hereinafter referred to as "the Palm Glass Design").
20.

The Palm Glass Design was published in the United States on September 30,

2007. Attached to this Complaint as Exhibit D are photographs of a Godinger beverage glass
incorporating the Palm Glass Design
21.

On October 31, 2014, Godinger filed an application for copyright registration for

the Palm Glass Design in the United States Copyright Office.
22.

At all relevant times, Godinger has been, and is now, the sole and exclusive

owner of all rights, title and interest in the copyright for the Palm Glass Design.
23.

Godinger manufactures and sells beverage glasses incorporating the Palm Glass

Design to department stores and other retailers and customers.

4
LEGAL\21274574\1

Defendant's Copyright Infringement Concerning the Palm Design

24.

Defendant has infringed Godinger's copyright in the Palm Glass Design by

advertising, offering for sale, and/or selling beverage glasses incorporating the Palm Glass
Design.
25.

Attached to this Complaint as Exhibit E are photographs of the Home Goods

beverage glass bearing the Palm Glass Design and a photograph of the Home Goods label on the
bottom of said infringing beverage glass.
26.

As is evident from a compartson of Exhibits D and E, the beverage glass

advertised, offered for sale and sold by defendant is substantially similar to, and
indistinguishable from, Godinger's Palm Glass Design.
27.

Prior to defendant's offer for sale and sale of its infringing beverage glass bearing

the Palm Glass Design, defendant had access to plaintiffs copyrighted Palm Glass Design in
that, inter alia, defendant previously purchased from Godinger and sold Godinger beverage
glasses incorporating the Palm Glass Design.
28.

The design of the beverage glass offered for sale and sold by defendant was

copied from the Palm Glass Design.

29.

The layout, presentation, and overall feel of the design of the beverage glass

offered for sale and sold by defendant is the same as the layout, presentation, and overall feel of
the Palm Glass Design.
30.

Godinger has never authorized defendant to use the Palm Glass Design in any

manner.

5
LEGAL\21274574\1

31.

Upon information and belief, defendant has willfully and intentionally infringed

Godinger' s copyright in Godinger' s Palm Glass Design.
32.

Upon issuance of a Certificate of Registration by the Copyright Office, plaintiff

intends to amend this Complaint to assert a claim for infringement of plaintiff's copyright in the
Palm Glass Design.

COUNT I:
COPYRIGHT INFRINGEMENT
(17 U.S.C. § 501 et seq.)
33.

The allegations of paragraphs 1-32 of this Complaint are incorporated by

reference herein.
34.

Defendant's promotion, offer to sell and/or sale of beverage glasses incorporating

plaintiff's Dublin Glass Design, without plaintiff's permission, constitutes copyright
infringement under 17 U.S.C. § 501, et seq.
35.

As a consequence of defendant's copyright infringement as aforesaid, plaintiff has

suffered and will continue to suffer monetary damages in an amount to be determined at trial.
36.

Upon information and belief, defendant has profited from its acts of copyright

infringement as aforesaid.
37.

Defendant's acts of copyright infringement were willful.

38.

Plaintiff does not have a fully adequate remedy at law.

JURY DEMAND
Pursuant to Rule 38(b), plaintiff requests a trial by jury on all issues so triable.

PRAYER FOR RELIEF
WHEREFORE, plaintiff hereby demands judgment against the defendant as follows:
6
LEGAL\21274574\1

COUNT I:
COPYRIGHT INFRINGEMENT
A)

Enjoining defendant, together with its respective officers, agents, servants,

employees, assigns, successors, and attorneys, and all other persons acting in concert with any of
them, pursuant to 17 U.S.C. § 502(a):
1)

from directly or indirectly infringing in any manner any of plaintiffs

copyrights, including without limitation, plaintiffs copyright in the Dublin Glass Design, and
2)

from causing, contributing to, enabling, facilitating, or participating in the

infringement of any of plaintiffs copyrights, including without limitation, plaintiffs copyright in
the Dub lin Glass Design;

B)

Ordering the destruction or other reasonable disposition of all beverage glasses or

other goods made or used in violation of plaintiffs exclusive copyright rights, and of all plates,
molds, or other articles by means of which such beverage glasses or other goods may be
reproduced, pursuant to 17 U.S.C. § 503;

C)

Directing defendant to account for and pay over to plaintiff all gains and profits

derived by defendant as a consequence of defendant's infringement of plaintiffs copyrights,
pursuant to 17 U.S.C. § 504;

D)

Awarding plaintiff maximum statutory damages with respect to each copyrighted

work infringed, pursuant to 17 U.S.C. § 504;
E)

Awarding plaintiff an increased award of statutory damages upon a finding that

defendant's infringement was committed willfully, pursuant to 17 U.S.C. § 504(c)(2);
F)

Awarding plaintiff the attorneys' fees it has incurred in investigating, bringing

and prosecuting this action;
7
LEGAL\21274574\1

G)

Awarding plaintiff the costs and disbursements of this action;

H)

Awarding plaintiff pre- and post-judgment interest on any monetary award,

including any attorneys' fee award; and

I)

Awarding plaintiff such other, further or different relief in its favor and against

defendant as this Court may deem just and proper.
Dated: November 3, 2014

Martin B. Pavane (MP4871)
Edward M. Weisz (EW4461)
Lisa A. Ferrari (LF8081)
277 Park Avenue
New York, New York 10172
Tel. (212) 883-4900
Fax: (212) 986-0604
Email: mpavane@cozen.com
eweisz({Vcozen.com
lfeiTari@cozen.com
Attorneys for Plaintiff Godinger Silver Art Co. Ltd

8
LEGAL\21274574\1

EXHIBIT A

·· certificate of Registrati.... .

~

.....,_,...,.~

FormVA

~ Pore 1\Wkof d» va...JArb

-

This Certificate issued under the seal of the Copyright
Office in accordance with title 17, United States Code,
attests that registration has been made for the work
identified below. The information on this certificate has
been made a part of the Copyright Office records.

I

VA 1-389.;..466 .

-

EFFECTIVE f1ATE OF REGISTRATION

~~~~~esofAmerica

;tkv

NATUJlE OF THIS wou·y &ee ~

n• or'J1all.won •

1

uNmD STATU COPYRIGHT OFFICE

DublmGlass

Sculptural Work

Prmou or Alteraatlve Titles •

a

4202S 306

hbllcatloll M a CoDirib•doa If dus WOB WU pubi!Jbed II a CODtnbuooo to a penodx:al aenaJ

01' collcc:UOD,

I'Ve aMOI'IIIIIDOD about the CiOilectJYC work lD Wblcb the

CDDtnbultOD appc:ared 'lllle of Collecthe Won Y

If pubbJbed ID I penodJC::al Cll' tenaJ IJVe VohuDe T

a .·Godmger Sliver Art Co , Ltd

NOTE

Wu tltll COiltnblldoa eo tbt work a ·

A'Dtbor 1 Nadoullty or DolllldJe

""workDUidelw~

Nlme of Cou1lry
c
rl

6va

Under the law
the avthor o1

OR

ONo

• · work mad•

{

Jb2eD

the employee

(a.. •nttruc

tfone) For any
part of thla
work that waa
made forh~re
check Yet 1n
the .,act
provided give
the employer

bName

(or otner

::::~':work
wu prepared)
11 AuthQr ol
that part and
Jeave .tht
epee. lor datea
or blrih and
dtlth blink

a

Wu TJaJa Aulbor 1 Colltrlbatloa eo the Won
D Yea ~ No · If !hun..., to tllhlr

Aaooymous.,

--U-----------

Domlclled m

SA

Nacare of Aa....,....., Check apJIIDpi'Uil8 box{es) See lnatruc:Uona
~ 3 DnoeDilonaliCU.Iptw'c
0 Map
0 Pbo10grapb
0 2 Dunennonal artwork
0 Jewelry destgn
0 Reproducbon of work of art

IOrhlrt Ia

gen•ally the
employer not

4

DATES OF BJRm AND DEATH
Year Ban •
Year Died •

NAMEOF AUTiloR T

2

3

NumbtrT

Pleudonymous.,

0 Yes

.

c1 No

of thlei quMIIona ,.
Yea "'cltCIIed

~

0 Tc:cbrucal draWlDJ
OText

0 Artbltectural work
Dates of Blrdt .... Deadl
Year Born •

of Author Y

't~= ill. o:uii~~ bot".,..,.~ ..

'

Year Died •

~~J'~~a.y ~:- :o::~:--th

"won_. ror blft"T
0 Yes
No
0

OR { C•azeD of
Doauc:llod ID - - - - - - - - - - - - - -

-------------------------------------------Nahl~
Audtonlllp Cbcct appRJprU~~C bol.(es) See lnatructlona

or

0 3 DlmeDBiooaiiCUlpiUR
0 2 Dunenatonal anwort
0 Rcprodudlon of work c:i art

y_,.IJI Wblda CndoD of'J1all Wort Wu
Completed
llllllntwnlliiiOn

2001

v..,

:=::.ten

0 Map
0 Photograph

D Jewelry dcstgn

b

0 Tc:chrucal drawmg
OText
0 Archltcctunll wort

Date aad Nllllolt
. rl Pint PubllcatioD"· '111.. Partlcalar Work
~lhlltnformlliOn Montll
BrCJl
Day _ _
31_

=:.:..~

2001

Uruted States

COPYRIGH'I' CLAIMANT(S) Name 8Dd .tdJas.muzit be ~~~en tven aldie dauaut1a me IIIDJC u the

.author 11•~"" apace2 Y:

·

Godlllger .S1lvet Arl Co

·

ttd

63-lS.Traftic Avenue Ridgewood NY 11385

li ONE ~EPOSIT RECEIVED

II

TWO DEPOSITS RECEIVED
~'l'nlld--er-lf-the-claa_DIIDI(
__
•)_um_ed_bere_tn-~pac:e.. - ..-..-(are_)_dJ_ffereDt--from-lbe_au_tbor{_a)-namod--m-lpece-2,-.,-v-e•~§~
bnehtalellleOI oC bow the dlt!Qilt(a) obtauat ownenbtp ct 1M copynabt T
S FUNDS RECEIVED

5

MORE ON BACK •

Q)mJJteteiiiiPPICiblt . . . (lllllbtra.S-i)enttMuwer••orlh!SPIOII
S• detlaled lniiiUcllona
Sign the !otm .r lne 8

NQV 2 7 2006

'FORM VA

CHECKED BY · .

•..•

. -'

coRA~

:.FoR';,

_COPYAtOHT
OFFlOE
. USE
ONLY

DO NOT WRITe AaOVE 11t8 UNE IF YOU "EEDMORE SPACE, USE A SEPARATI c0tmHuA110N8fEIT
PREVIOUS IU!'.GISTRA'110N Has tepll8bOil for dlaWOik. m-tor a_._ YIIIK'IIofdu work already bleD made 11 lbeCopynpt Offtce"
Y• 0 No .If your auwerJS Yes why 111D0lher reJlllrii30D bemJIOUibl'f (Check~ box) '9'
a 0 11uJ 11 die fin& pubbiW ecbtloe cia wort lftVIOGIIJ repteJed m uapubballed form

5

0

b. 0 11u 21 lbe fintappbadlou avlmllted by tlus author 11 copynp dau.Daalt.

c. 0 1'11111 a ehaaaecf veruoa of tbe wort ulllowa by 1J1111CC 6 on d111 applJCahOD
If your ~J~tWU 11 Yes pvet Pre'tiMI..,.....IIDD Nuaber ~

Yearof..........,aY

DBIUVATlVE WORK oa· COMPILATION Campa. bodt apace &t 1111 6b for a dr:mallvo wort complete ool)' 6b for acomptlaboa
a. ........._ Mataial ldeDcd'y aay preexlltiDJ worlt or wens that tlul wort a l:lued on or mccrporate~ '9'

a

6

b
DEPOSrr ACCOUNT If lhe fCIIIblllloa fc:e1110 be dJaracd ao a J)c:poelr Aa:out ~m at.Copynliit Off"p pvc II8IDir IIXI DUII'Ibcr ol Aoeot~~t
MaiM Y

AcceuatNa..._ Y

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Edward M WeiSz
Cohen Pontam Lteberman & Pavanc LLP

a

S.SI Ftftb Avenue New York NY 10176
m.cocrendllytimtleleP'Ione~

ErnaU

f 212 > 687

2770

7

Fax number

(

212 ) 972 5487

cwetsz@cplplaw com

TJped or prblted JWne ad ule Y If !Jus apphcabon gavet a datr of pubbcabOn an space l do not Jl8n and subnut at be£oN that date

Edward M Wel8Z

Date

// '- 7

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Edward:M Weasz CohcnPontlmLJeberman&Pavane LLP
~~~~~~~-~--~----------------------------------------------~

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a. ~-flelnohlckormoney

9

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__l_O_l7_6____________________________________~~~

1# DSCIL(.} NrtPII'DI who knowingly:. ,..,.;::u::: ot. "'*'• rr.ctln ~~e~tor cowtghlW;:;;: ;.,:: a

orin

anywr~~en ....,.,.,111d lnCCf1'11d10n •

EXHIBITB

EXHIBITC

EXHIBITD

EXHIBITE

4? 44C/SDNY

CIVIL COVER SHEET

REV~4/2014

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of
pleadings or other papers as required by law. except as provided by local rules of court This form, approved by the
Judicial Conference of the United States in Septe11914··
. requirecvf!he Clerk ofsrt M.p.~u~
.~e o9f
initiating the civil docket sheet.
;
.
. ~ ,•~
PLAINTIFFS
Godinger Silver Art, Ltd.

j-

ATIORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER
Martin B. Pavane, Esq. 212-883-4900
Cozen O'Connor 277 Park Avenue, 20th Floor, New York, NY 10172

0

ENDANTS
HomeGoods. Inc.

I.

20141

1

ATIORNEYS (IF KNOWN)

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE '\~RIEF STATEMENT OF CAUS~
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)
, ~"'-

Copy right Infringement Under Copyright Act of 1976 as amended 17U.S.C. § 101, et seq.
Has this action, case, or proceeding, or one essentially the same been previously filed in SONY at any time? NdZresDludge Previously Assigned
If yes, was this case Vol.

lnvol.

D

Dismissed. No

No

IS THIS AN INTERNATIONAL ARBITRATION CASE!

0

D

Yes

D

Yes

D

If yes, give d a t e - - - - - - - - - - & Case N o . - - - - - - - - -

NATURE OF SUIT

(PLACE AN [x]IN ONE BOX ONLY)

·'

TORTS

ACTIONS UNDER STATUTES

CONTRACT

PERSONAL INJURY

1 1110
! 1120

[ ]310AIRPLANE
[ ]315AIRPLANE PRODUCT
LIABILITY
[ ] 320 ASSAULT, LIBEL &
SLANDER
[ ] 330 FEDERAL
EMPLOYERS'
LIABILITY
[ ]340 MARINE
[ ]345 MARINE PRODUCT
LIABILITY
[ ) 350 MOTOR VEHICLE
[ ] 355 MOTOR VEHICLE
PRODUCT LIABILITY
[ ] 360 OTHER PERSONAL
INJURY
[ ]362 PERSONAL INJURYMED MALPRACTICE

[ ]130
I 1140
[ ]150

! ]151
[ ]152

[ 1153

[ ]160
[ ]190
[ ]195
{ ]196

INSURANCE
MARINE
MILLER ACT
NEGOTIABLE
INSTRUMENT
RECOVERY OF
OVERPAYMENT &
ENFORCEMENT
OF JUDGMENT
MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS
(EXCL VETERANS)
RECOVERY OF
OVERPAYMENT
OF VETERAN'S
BENEFITS
STOCKHOLDERS
SUITS
OTHER
CONTRACT
CONTRACT
PRODUCT
LIABILITY
FRANCHISE

REAL PROPERTY
[ ]210
[ ]220
[ ]230
[ ]240
[ 1245
[ ]290

LAND
CONDEMNATION
FORECLOSURE
RENTLEASE &
EJECTMENT
TORTS TO LAND
TORT PRODUCT
LIABILITY
ALLOTHER
REAL PROPERTY

PERSONAL INJURY
FORFEITURE/PENALTY
[ ]367 HEALTHCAREI
PHARMACEUTICAL PERSONAL [ J625 DRUG RELATED
INJURY/PRODUCT LIABILITY
SEIZURE OF PROPERTY
[ 1365 PERSONAL INJURY
21 USC 681
PRODUCT LIABILITY
[ ]368 ASBESTOS PERSONAL I ]690 OTHER
INJURY PRODUCT
LIABILITY

BANKRUPTCY
[ 1422 APPEAL
28 usc 158
[ 1423 WITHDRAWAL
28 usc 157

PROPERTY RIGHTS
fX]820 COPYRIGHTS

PERSONAL PROPERTY

[ 1830 PATENT

[ ]370 OTHER FRAUD
[ ]371 TRUTH IN LENDING

[ ]640 TRADEMARK

SOCIAL SECURITY
[ ]380 OTHER PERSONAL
PROPERTY DAMAGE
[ ] 385 PROPERTY DAMAGE
PRODUCT LIABILITY

LABOR

[ J 710 FAIR LABOR

STANDARDS ACT
[ j 720 LABORIMGMT
PRISONER PETITIONS
RELATIONS
[ ]740 RAILWAY LABOR ACT
[ ]463 ALIEN DETAINEE
[ ]510 MOTIONS TO
[ ] 751 FAMILY MEDICAL
ACTIONS UNDER STATUTES
VACATE SENTENCE LEAVE ACT (FMLA) .
28 usc 2255
CIVIL RIGHTS
[ ]530 HABEAS CORPUS
[ ] 790 OTHER LABOR
LITIGATION
I 1535 DEATH PENALTY
[ ] 440 OTHER CIVIL RIGHTS [ ]540 MANDAMUS & OTHER [ ]791 EMPL RET INC
SECURITY
ACT
(Non-Prisoner)
[ ]441 VOTING
IMMIGRATION
[ 1442 EMPLOYMENT
PRISONER CIVIL RIGHTS
[ ] 443 HOUSING/
[ ]462 NATURALIZATION
ACCOMMODATIONS [ 1 550 CIVIL RIGHTS
APPLICATION
[ 1445 AMERICANS WITH
[ ]555 PRISON CONDITION
[ 1465 OTHER IMMIGRATION
DISABILITIES [ ]560 CIVIL DETAINEE
ACTIONS
EMPLOYMENT
CONDITIONS OF CONFINEMENT
[ ]446 AMERICANS WITH
DISABILITIES -OTHER
[ ]448 EDUCATION

[
[
[
[
[

) 861 HIA (1395ff)
]862 BLACK LUNG (923)
]863 DIWCIDIWW (405(g))
] !l64 SSID TITLE XVI
]865 RSI (405(g))

OTHER STATUTES
375 FALSE CLAIMS
400STATE
REAPPORTIONMENT
[ ]410ANT!TRUST
[ ]430 BANKS & BANKING
! ]450 COMMERCE
! 1460 DEPORTATION
I J470 RACKETEER INFLUENCED & CORRUPT
ORGANIZATION ACT
(RICO)
[ ] 480 CONSUMER CREDIT
[ ]490 CABLE/SATELLITE TV

11

[ ] 850 SECURITIES/
COMMODITIES/
EXCHANGE

[ ]6900THERSTATUTORY
ACTIONS
[ 1691 AGRICULTURAL ACTS

FEDERAL TAX SUITS
[ ]870 TAXES (U.S. Plaintiff or
Defendant)
[ ]871 IRS-THIRD PARTY
26 usc 7609

{ J 893 ENVIRONMENTAL
MATTERS
[ J 895 FREEDOM OF
INFORMATION ACT
[ 1 896 ARBITRATION
[ ] 699 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION

[ 1950 CONSTITUTIONALITY OF
STATE STATUTES

Check if demanded in complaint:

D

CHECK IF THIS IS A CLASS
UNDER F.R.C.P. 23

ACTION

f~..0s6?MT~~~ THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?

DEMAND " ' - - - - - OTHER _ _ _ _ _ J U D G E - - - - - - - - - - - DOCKET NUMBER'------Check YES only if demanded in co !!!Plaint

JURY DEMAND:

00 YES LNO

NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).

-

~

.

...

(PLACE AN x IN ONE BOX ONLY)

IBJ1

Original
Proceeding

D2

Removed from
State Court

a.

0
(PLACEAN

X

ORIGIN

D3

all parties represented

Remanded
from
Appellate
Court

5

4 Reinstated or
Reopened

Transferred from
(Specify District}

06

Multidistrict
Litigation

0

7 Appeal to District
Judge from
Magistrate Judge
Judgment

b.

Atleastone
party is pro se.

/NONEBOXONLY)

IF DIVERSITY, INDICATE
CITIZENSHIP BELOW.

BASIS OF JURISDICTION

D 1 u.s. PLAINTIFF D 2 u.s. DEFENDANT [R) 3 FEDERAL QUESTION

04

DIVERSITY

(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)
CITIZEN OF THIS STATE

PTF
[ ]1

DEF
[ ]1

CITIZEN OF ANOTHER STATE

[ ]2

[ ]2

PTF DEF
[ )3[ ]3

CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY
INCORPORATED or PRINCIPAL PlACE
OF BUSINESS IN THIS STATE

[ ]4 [ ]4

INCORPORATED and PRINCIPAL PlACE
OF BUSINESS IN ANOTHER STATE
FOREIGN NATION

PTF
{ ]5

DEF
[ ]5

[ ]6

[ ]6

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

Godinger Silver Art, Ltd.
41 Madison Avenue, New york, NY 10010, New York County
and
63-15 Traffic Avenue, Ridgewood, New York 11385, Queens County

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

Home Goods, Inc.
770 Cochituate Road, Framingham, MA 01701, Middlesex County

DEFENDANT(S) ADDRESS UNKNOWN
REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
RESII:JENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one:

THIS ACTION SHOULD BE ASSIGNED TO:

0

WHITE PLAINS

[B) MANHATTAN

(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS
COMPLAINT.)

DATE

I,\l \I."\

RECEIPT#

SIGNATURE OF A~RD

~.

ADMITTED TO PRACTICE IN THIS DISTRICT
[] NO
[ ] YES (DATE ADMITTED Mo.0_4_ _ Yr. _76_ _
Attorney Bar Code # MP4871

Magistrate Judge is to be designated by the Clerk of the CourtMAG. JODOl! N"ETBllRN
Magistrate J u d g e - - - - - - - - - - - - - - - - - - - - - - - - - is so Designated.
Ruby J. Krajick, Clerk of Court b y - - - - - Deputy Clerk, D A T E D - - - - - - - - UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

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