Hayuk v. Target - Chem Trails mural complaint.pdf
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8/10/2019 Hayuk v. Target - Chem Trails mural complaint.pdf
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JUDGE SCHEMA
U CV
8182
S 44C/SDNY
REV. 4/2014
CIVIL COVI
The JS-44
civil cover sheet
and
the information contained herein
neither replace
nor
supplement
the tiling
and service
of
v |
/ H 0/1 4 a
pleadings or
other papers
as
required
by law,
except
asprovided by local rules of court. This form, approved by
the
' V l*p
JudicialConference ofthe UnitedStates InSeptember 1974, is requiredfor use ofthe Clerkof Courtforthe purpose of
initiating the civil
docket
sheet
PLAINTIFFS
MAYA
HAYUK
DEFENDANTS
TARGET CORPORATION and GRAND IMAGE, LTD.
ATTORNEYS (FIRM NAME,ADDRESS, ANDTELEPHONE NUMBER
Saunders
&Sllverstein LLP, 14
Cedar
Street, Ste. 224, Amesbury,
MA
01913,978-463-9100
ATTORNEYS (IF KNOWN)
CAUSE OF ACTION
(CITE THE
U.S.
CIVIL
STATUTE UNDER
WHICH YOU
ARE
FILING AND WRITE
A
BRIEF STATEMENT
OF
CAUSE)
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)
17 U.S.C. 101; Defendants reproduced, distributed, sold,
and
displayed infringing
copies
of Plaintiff's artworks
Has this action, case, or
proceeding,
or one essentially the same been previously
filed
in SDNY at
any
time? NtH'esQjudge Previously Assigned
If
yes,was
this
case
Vol-PI Invol.
I I
Dismissed. No
Q Yes [JJ
If
yes,give date &Case
No.
ISTHISANINTERNATIONAL ARBITRATION CASE?
PLACEANM INONEBOXONLY
TORTS
No
[x]
Yes
NATURE OF SUIT
ACTIONS
UNDERSTATUTES
CONTRACT
PERSONAL INJURY
PERSONAL INJURY
[ ] 367 HEALTHCARE/
FORFEITURE/PENALTY
BANKRUPTCY
[1110
INSURANCE
[ 1310 AIRPLANE
PHARMACEUTICAL PERSONAI
| 1625 DRUG RELATED
[ 1422 APPEAL
[ 1120
MARINE
[ ] 315 AIRPLANE PRODUCT
INJURY/PRODUCT UABILITY
SEIZURE
OF
PROPERTY
28
US C
15 8
11130
MILLER AC T LIABILITY
[ l 365 PERSONAL INJURY
21 USC 881
[ ] 42 3 WITHDRAWAL
I11-10
NEGOTIABLE
[ ] 320 ASSAULT, LIBEL&
PRODUCT
LIABILITY
I
1690
OTHER
28
US C
157
INSTRUMENT
SLANDER
[ ]
368 ASBESTOS
PERSONAL
11150
RECOVERY
OF
( ]330 FEDERAL
INJURY PRODUCT
OVERPAYMENT
&
EMPLOYERS' LIABILITY
PROPERTY RIGHTS
ENFORCEMENT
LIABILITY
OF
JUDGMENT
[ 1340
MARINE
PERSONAL PROPERTY
ftd 820 COPYRIGHTS
I 1161
MEDICAREACT
[
1345
MARINE
PRODUCT
[ I 830 PATENT
11152
RECOVERYOF
LIABILITY
[ J 370 OTHER FRAUD
[ ]
840
TRADEMARK
DEFAULTED [ J350 MOTOR VEHICLE
( l 371 TRUTH INLENDING
STUDENT
LOANS
[
]355
MOTORVEHICLE
(EXCL VETERANS) PRODUCT UABILITY
SOCIAL
SECURITY
I 1163
RECOVERY
OF
[
]360
OTHER PERSONAL
OVERPAYMENT INJURY
[ 1380
OTHER
PERSONAL
LABOR
[ ]
861
HIA (1395ff)
OF
VETERAN'S
[ 1362
PERSONAL
INJURY
PROPERTY DAMAGE
[ J 862 BLACK LUNG(923)
BENEFITS
MED MALPRACTICE
[ ] 385 PROPERTY DAMAGE
[ 1710 FAIRLABOR
[ ] 883 DIWC/DIWW(405(g))
[ [160
STOCKHOLDERS
PRODUCT
LIABILITY
STANDARDS ACT
[ j864SSID
TITLE
XVI
SUITS
[ )720 LABOR/MGMT
[
1865
RSI (405(g))
11190
OTHER
PRISONER
PETITIONS
RELATIONS
CONTRACT
[ ]
463
ALIEN DETAINEE I I
740
RAILWAY LABORACT
[ 1195
CONTRACT
[ J610 MOTIONS TO
[ I 751 FAMILYMEDICAL
LEAVEACT (FMLA)
FEDERALTAXSUITS
PRODUCT
ACTIONSUNDER STATUTES
VACATE SENTENCE
LIABILITY
2 8 U S C
2255
[ I
870
TAXES (U.S. Plaintiffor
[ ] 196 FRANCHISE
CIVIL
RIGHTS
[ 1530 HABEAS CORPUS
[ ) 7 90 OTHER LABOR
Defendant)
1 ]
535
DEATH PENALTY
LITIGATION
[ ] 871
IRS-THIRD
PARTY
( 1440 OTHER CIVIL RIGHTS
[ ]
540
MANDAMUS &
OTHER
I ] 7 91 EMPL RET INC
26 US C 7 6 0 9
REAL PROPERTY
(Non-Prisoner)
SECURITY
AC T
[ )441VOTING
IMMIGRATION
[ 1210
LAND
[ 1442 EMPLOYMENT
PRISONER
CIVIL
RIGHTS
CONDEMNATION
[ 1443 HOUSING/
[ ] 462 NATURALIZATION
[ 1220
FORECLOSURE
ACCOMMODATIONS
[ ] 550 CIVILRIGHTS
APPLICATION
( J230
RENT LEASE &
[
]445
AMERICANS WITH
I ] 555 PRISON CONDITION
I ) 4 66
OTHER
IMMIGRATION
EJECTMENT
DISABILITIES -
[ ] 560 CIVIL DETAINEE
ACTIONS
[ 1240
T ORT S T O U \ND
EMPLOYMENT
CONDITIONS OF CONFINEMENT
[1245
TORT PRODUCT
LIABILITY
[ 1446 AMERICANS WITH
DISABILITIES
-OTHER
[
]290
ALL
OTHER
REAL PROPERTY
[ ]
448 EDUCATION
Checkifdemanded incomplaint:
CHECK IF THIS IS ACLASS ACTION
UNDER F.R .C .P . 23
OTHER
STATUTES
37 5 FALSE CLAIMS
40 0
STATE
REAPPORTIONMENT
[ ] 410 ANTITRUST
[
1430
BANKS 8, BANKING
[ 1450
COMMERCE
[ 1460 DEPORTATION
[ ] 47 0 RACKETEER INFLU
ENCED
& CORRUPT
ORGANIZATION ACT
(RICO)
[ ] 480 CONSUMER CREDIT
[ ]490 CABLE/SATELLITE TV
[
JB50SECURITIES/
COMMODITIES/
EXCHANGE
a
( 1890
OTHER
STATUTORY
ACTIONS
[
1891
AGRICULTURALACTS
[ ) 893 ENVIRONMENTAL
MATTERS
[ J 695 FREEDOM OF
INFORMATION
ACT
[ I 896 ARBITRATION
[ ] 899 ADMINISTRATIVE
PROCEDURE
ACT/REVIEW OR
APPEAL OF AGENCY DECISION
[ ] 950 CONSTITUTIONALITYOF
STATE STATUTES
DEMAND S
OTHER
^SO^sVaVe^ IS CASE 'S
RELATED
TO ACIVIL CASE NOW PENDING IN S.D.N.Y.
JUDGE DOCKET
NUMBER
Check YES onlyifdemandedIncomplaint
JURY DEMAND: LEI YES LKlO
NOTE: You
must
also
submit
atthe time of
filing
theStatement ofRelatedness form (Form IH-32).
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2/41
PLACEANxINONEBOXONLYl
ORIGIN
1
Original
2
Removed
from
D 3
Remanded
d 4
Reinstated or
O 5
Transferred from
6
Multidistrict
7
Appeal to District
Proceeding State Court from Reopened (Specify District) Litigation Judge from
n a. .llp.rt,,.p,.. APPellate Magistrate Judge
Court Judgment
I I b. At
least
one
party is pro se.
PLACEANxINONEBOXONLY
BASIS
OF
JURISDICTION
IFDIVERSITY,
INDICATE
{J 1 U.S.
PLAINTIFF
2 U.S. DEFENDANT
[x]
3 FEDERAL QUESTION Q4
DIVERSITY
CITIZENSHIPBELOW.
(U.S. NOT A PARTY)
CITIZENSHIP
OF
PRINCIPAL PARTIES
(FOR
DIVERSITY
CASES
ONLY)
(Place an
[X]
in
one
box for Plaintiffand
one
box for Defendant)
PTF DEF PTFDEF PTF DEF
CITIZEN
OF THIS STATE []1 []1 CITIZEN OR SUBJECT OF A [ ]3[ ]3 INCORPORATED
and
PRINCIPAL PLACE
l] 5
[IS
FOREIGN COUNTRY OF BUSINESS INANOTHER STATE
CITIZEN OF
ANOTHER
STATE
[ ]2 [ ]2
INCORPORATED
or
PRINCIPAL
PLACE [ ] 4[ J4
FOREIGN
NATION [ ]6 [16
OF BUSINESS IN
THIS
STATE
PLAINTIFF(S) ADDRESS(ES) ANDCOUNTY(IES)
MAYA
HAYUK
720
Lorimer
Street, #3R
Brooklyn, New York 11211
Kings County
DEFENDANT(S)ADDRESS(ES) ANDCOUNTY(IES)
TARGET
CORPORATION,
1000
Nicollet Mall,
Minneapolis, Minnesota 55403, Hennepin
County
GRAND IMAGE, LTD.,
701
Fifth Avenue,
Suite6600, Seattle,
Washington 98104, King County
DEFENDANT^) ADDRESS
UNKNOWN
REPRESENTATION ISHEREBY
MADE THAT,
AT THIS
TIME,
I
HAVE BEEN UNABLE,
WITH REASONABLE DILIGENCE, TOASCERTAIN
RE9IBENCE ADDRESSES OF THE FOLLOWINGDEFENDANTS:
Checkone: THIS ACTION SHOULD
BE
ASSIGNED TO: WHITE PLAINS \x\ MANHATTAN
(DO NOT
checkeither
box ifthis a PRISONER PETITION/PRISONER CIVILRIGHTS
COMPLAINT.)
DATE,
SIGNATURE
OF ATTORN^f OF RECORD ADMITTED TO PRACTICE IN THIS DISTRICT
DMer loH
/^C
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mxmm
UNITED
S TA TE S D IS TR IC T COURT
SOUTHERN DISTRICT
OF NEW
YORK
MAYA HAYUK,
Plaintiff,
TARGET CORPORATION
and
GRAND
IMAGE,
LTD.,
Defendants .
4mftionSrf
V Q 1 O 2
COMPLA INT
FOR TURY
T
ECF
Case
PlaintiffMaya Hayuk,
byher
attorneys
Saunders
&
Silverstein
LLP, brings
against
the
defendants Target
Corporation
and
Grand
Image, Ltd.
(collectively,
Defendants )and complains and
alleges
as
follows:
Pat t i e s
1. Plaintiff
Maya
Hayuk ( Hayuk ), a
professional visual artist
who regularly
creates, sells, and licenses original works of art, has a principal place of business at 720
Lorimer Street 3R, Brooklyn, New York 11211.
2. On information and belief, Target Corporation ( Target ) is a Minnesota
corporation with its
principal
place of business at 1000 Nicollet
Mall,
Minneapolis,
Minnesota 55403.
3.
On
information
and
belief,
Grand Image,
Ltd.
( Grand Image )
is a
Washington corporationwith its principal placeof business at 701 FifthAvenue, Suite
6600,
Seattle,Washington 98104.
Nature
of
the Complaint
4. This is an action for copyright infringement. Defendants violated the
copyright laws,
17
U.S.C.
101
et seq.,
by
reproducing, distributing, and selling printed
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canvases
infringing on Hayuk's original copyrighted works of artwithout her consent.
Hayuk
seeks damages and appropriate injunctive relief.
Jurisdiction
and Venue
5. This Court has jurisdiction over the subject matter of this Complaint under
28 U.S.C. 1331 and 1338(a).
6. This Court has personaljurisdiction over defendant Targetpursuant to
N.Y.
C.P.L.R. 301 because
Target has
displayed
and sold printed
canvases
infringing
Hayuk's
copyright within the State of NewYork, causingtortious injuryin New York.
7. This Court has personal jurisdiction over defendant Grand
Image
pursuant
to N.Y. C.P.L.R. 301 because Grand Image regularly conducts business in New York and
has manufactured printed
canvases
infringing Hayuk's copyright and distributed and sold
thoseprinted
canvases
to Target storesin New
York,
causing tortious injury inNew
York.
8. Venue is appropriate in this Court under 28 U.S.C. 1400(a).
Fac t s
9. Hayuk is an internationally renowned visual artist. Her iconic murals,
paintings, and other artworks are highly sought after by individual collectors and
corporations throughout the
world. Hayuk's
work has
received critical praise
throughouther
fine art career,which spans over two decades.
10.
Hayuk's career
includes
more than 150 group and solo
gallery shows,
installations, and murals
throughout
the
United States
and in
more
than a dozen
foreign
countries on four continents. Her graphic work has been published in numerous booksand
magazines, and has been featured on coundess art-related websites.
11. Hayuk often licenses her artwork for use on, among other things,
apparel,
consumer electronics, and sporting goods. She commands premium fees and royalties for
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the use of her work in commercial settings.
12. From 2013 through 2014, Hayuk created original works of art in the Chemical
Trails series with common visual hallmarks. Photographs of works in the Chemical
Trails
series
are displayed on Hayuk's website, located at www.mayahayuk.com. These works
include,but are not limited to, Chem Trails NYC,
Chem
Trails
Wjnwood,
and Chem Trails
Berlin.
13. On February 7, 2014, Hayuk caused her copyright in
Chem
Trails
NYC
to be
registered in the United
States
Copyright Office, such registration being
assigned
Registration
No. VAu
1-173-957.
A true and correct copy of the certificate of registration
fo r Chem TrailsY is annexed he reto
as
Exhibit A.
14. On December 14, 2013, Hayukcausedher copyright in Chem Trails Wjnwood
to be registered in the United States Copyright Office, such registration being issued
Registration No. VAu
1-167-786.
A true and correct copy of the certificate of registration
for Chem Trails Wjnwood is annexed hereto as Exhibit B.
15. On December 14, 2013, Hayuk caused her copyright in Chem Trails
Berlin
to
be registered in the United States Copyright Office, such registration being issued
Registration
No. VAu
1-167-782.
A true and correct copy of the certificate of registration
for Chem Trails Berlin is
annexed hereto as Exhibit
C.
16. Hayuk has also created original works of art that share the visual hallmarks
common to the works in the
Chemical
Trails series. Photographs of these works are also
displayed on Hayuk's
website. Among
these
works
are those in Hayuk's
Remain in
Ught
series,
which
includes, but is not limited to, Remain in Light
#/,
Remain in Ught 4, and
Remain in
Ught
6. On February 6, 2014,
Hayuk
caused her copyrights in Remain in Ught #/ ,
Remain in
Ught 4, and
Remain in
Ught 6 to be registered in the
United States
Copyright
Office
as
parts
of
Registration
No.
VAu
1-164-339.
A
true
and
correct copy
of the
certificate
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of
registration for
Hayuk Paintings
2008-2013 is annexed hereto as Exhibit D.
17. Additionally, Hayuk created original works of art in a series entided Friendship
Bracelet.
These original works include, but are not limited to, Friendship Bracelet:
The Ballad
of
Never
Forget, Friendship
Bracelet:
Rancher,
and
Friendship
Bracelet: Minus Yellow. On February 9,
2012, Hayuk caused her copyrights in
Friendship
Bracelet: The Ballad ofNever Forget,
Friendship
Bracelet: Rancher, and Friendship
Bracelet:
Minus Yellow to be registered in the United States
Copyright Office as parts of Registration No. VAu 1-092-025. A true and correct copy of
the certificate of registration for Hayuk -2011 CollectionNo. 1 is annexed hereto as Exhibit E.
18. Hayuk also created the original works
of
art entided
The
Opening and Forever
Point
in
2012. On May 1, 2012,Hayuk causedher copyrights in
The Opening
and
Forever
Point
to be registered in the United States Copyright Office as parts of Registration No. VAu
1-101-923. A true and correct copyof the certificate of registrationfor
Hayuk
2012 Collection
No. 1
is annexed he reto
as
Exhib i t
F.
19. Additionally, Hayuk created the original work of art entided
Big
Exes,
which
share
the
visual
hallmarks
common to the aforementioned
works.
On
February
6,
2014,
Hayuk
caused
her copyright in
Big
Exes to be registered in the United States Copyright
Office
as part of Registration No. VAu
1-164-339.
A true and correct copyof the certificate
of registration for Hayuk Paintings 2008-2013is annexed hereto as Exhibit D.
20.
Images
of
each
of the above-referenced
works
(hereafter,
individually
and
collectively referred
to astheHayuk Works ) appear on the following pages:
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Chem TrailsY
Chem
Trails
Wjnwood
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Chem Trails Berlin
REMAININ LIGHT 1 2013 acrylic ana
fiasco
on canvas 48 x Si r
Remain inUght /
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REMAIN
INLIGHT 4 2013 acrylic and flash*on canvas 4flx 72*
Remain inUght 4
REMAIN INLIGHT 6
2013acrylcandflash( on
panel 30x40
Remain inUght
6
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Friendship Bracelet:
The
Ballad ofNever Forget
Friendship Bracelet:
Rancher
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Friendship
Bracelet:
Minus Yellow
-MAYA
HAYIK 2012
The
Opening
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ForeverPoint
BIG EXES. 2010. 24X36* aery lieon birch panel
BigExes
10
MAYA
HAYUK
2 2
SMAV.A HAYL'K 2011
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21. Target is
a
big-box
store
with
over
1,700 retail
locations
throughout the
United
States.
22. Target's
retail
locations
sell
countless products under one roof, including
furniture, apparel,
electronics,
appliances, and
home
decor. Target offers
an
even wider
selection ofproducts toconsumers onits online store, atwww.target.com.
23. Grand Image is an
art
and design
firm.
Grand Image
creates custom digital
prints
on
canvas,
paper,
acrylic, metal,
wood,
and wall coverings for
hotels,
retailers, and
interior
designers,
amongothers.
24.
Upon
information and
belief,
Target
contracted
with Grand
Image,
which
manufactured and sold to Target a
printed
canvas titled atretail Urban
Sphere (the Urban
Sphere Canvas ). Thereafter,
Target offered
for sale and sold the Urban Sphere Canvas
to
the generalpublic.
25.
An image ofthe
Urban Sphere
Canvas
appears
below:
26. The Urban Sphere
Canvas bears
a
substantial similarity
to
one
or
more
of
the
Hayuk Works.
27.
The Urban SphereCanvas is an unauthorized derivative of one or more of
the HayukWorks.
11
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28. The grid on below shows details of the subject works and the substantial
similarity between the HayukWorks and the Urban Sphere Canvas.
Chem TrailsY
Chem
Trals
Wjnwood
Remain
inUght /
Remain
inUght
4
n
/ ;
Urban Sphere
Friendship
Bracelet
The Ballad F ^
ofNevertorget
The Opening
ForeverPoint
12
Chem
Trails Berlin
Remain inUght 6
Friendship Bracelet:
Minus
Yellow
BigExes
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29.
To
date, Target continues
to
display, distribute,
and
sell, infringing copies
of
the Urban Sphere Canvas.
30.
Upon
information and
belief,
Grand
Image
continues to
display, distribute,
and
sell,
infringing copiesof theUrban SphereCanvas.
31.
Hayuk has
suffered and
continues
to suffer damages and irreparable
injury as
a
result
of
Target
and
Grand Image's ongoing violation
ofher
copyrights.
Coun t
I
Copyright Infringement
of
Chem Trails
NYC
32. Hayuk repeats and
realleges
paragraphs 1 through 31 of this Complaint,
inclusive,
asif the samewere
fully
set forth
herein.
33. Hayuk's artwork entided Chem Trails NYC iswholly
copyrightable
under the
laws of the United
States,
and
Hayuk,
the creatorand soleowner of
Chem Trails NYC, holds
allcopyrightinterests therein.
34. Hayuk
is the
sole owner
of all right, title, and interest in the
copyright
to
Chem
Trails NYC, which has been
registered
in the
United
States
Copyright
Office and
assigned Registration No. VAu 1-173-957.
35. Without authorization, Defendants reproduced, displayed, distributed,
and
sold copies
of the
Urban Sphere Canvas
that
are
substantially
similar
to Chem
Trails NYC.
Such unauthorized use constitutes an infringement of Hayuk's
copyright for
which she is
entitledto damages and injunctive
relief.
Coun t II
Copyright Infringement
of
Chem
Trails Wjnwood
36. Hayuk repeats
and realleges
paragraphs
1 through 31 of
this Complaint,
inclusive, asif the samewere
fully
set forth herein.
37. Hayuk's
artwork
entided Chem Trails
Wjnwood
iswholly
copyrightable
under
13
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the
laws of
the
United States,
and
Hayuk,
the
creator
and
sole owner of Chem Trails Wjnwood,
holds allcopyright interests therein.
38.
Hayuk
is the
sole owner
of
all right, tide,
and
interest
in the
copyright
to
Chem Trails Wjnwood, which has been
registered
in the United
States Copyright Office
and
assigned Registration No. VAu 1-167-786.
39. Without authorization, Defendants reproduced, displayed, distributed, and
sold copies of the
Urban
Sphere Canvas that are substantially
similar
to Chem Trails Wjnwood.
Such
unauthorized use constitutes
an
infringement
of
Hayuk's copyright for which
she is
entitled to damages and injunctive relief.
Coun t
I I I
Copyright
Infringement
of
Chem Trails Berlin
40. Hayuk repeats and
realleges
paragraphs
1
through
31 of
this Complaint,
inclusive,
asif the samewere
fully
set forth herein.
41.
Hayuk's artwork entided
Chem
Trails Berlin iswholly copyrightable under the
laws of theUnited States, andHayuk, the creator and
sole
owner of Chem
Trails
Berlin,
holds
allcopyright interests therein.
42. Hayuk
is the
sole owner
of all right, title, and interest in the
copyright
to
Chem Trails Berlin, which
has
been registered in the United States Copyright
Office
and
assignedRegistrationNo. VAu 1-167-782.
43.
Without authorization, Defendants reproduced, displayed, distributed,
and
sold copies of the
Urban Sphere
Canvas that are substantially
similar
to Chem Trails Berlin.
Such unauthorized use constitutes an infringement of Hayuk's
copyright for which
she is
entided to damages and injunctive relief.
4
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Coun t IV
Copyright Infringement
ofRemain in Light /
44. Hayuk repeats and realleges paragraphs 1 through 31 of this Complaint,
inclusive,as if the samewere fully set forth herein.
45. Hayuk's artwork entided Remain inUght 1 is wholly copyrightable under the
laws of the United States, and Hayuk, the creator and sole owner
of
Remain inUght
1
holds
all copyright interests therein.
46. Hayuk is the sole owner of all right, title, and interest in the copyright to
Remain inUght 1,
which has been registeredin the United States Copyright Office as part
of
Registration No. VAu 1-164-339.
47. Without authorization, Defendants reproduced, displayed, distributed, and
sold copies of the Urban Sphere Canvas that are substantially similar to
Remain
inUght
#/.
Such unauthorized use constitutes an infringement of Hayuk's copyright for which she is
entided to damages and injunctive relief.
Coun t V
Copyright Infringement of
Remain in Light 4
48. Hayuk repeats and
realleges
paragraphs 1 through
31
of this Complaint,
inclusive, as if the samewere fully set forth herein.
49. Hayuk's artwork entided Remain inUght 4 iswhollycopyrightable under the
laws of theUnitedStates, and
Hayuk,
thecreatorand soleownerof Remain
in
Ught 4, holds
allcopyright interests therein.
50. Hayuk
is the
sole owner
of all
right,
title, and interest in the
copyright
to
Remain in Ught 4, which
has been registered in the United
States
Copyright Officeas part
of
Registration No. VAu 1-164-339.
51.
Without authorization, Defendants reproduced, displayed, distributed, and
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sold copies of the Urban Sphere Canvas that are substantially similar to
Remain
inUght 4.
Such unauthorized use constitutes an infringement of Hayuk's copyright for which she is
entitled to damages and injunctive relief.
Coun t V I
Copyright
Infringement
of
Remain in Light
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Friendship Bracelet: The Ballad of
Never
Forget, which
has been registered in the United
States
CopyrightOffice as part of RegistrationNo. VAu 1-092-025.
59.
Without authorization, Defendants reproduced, displayed, distributed, and
sold copies
of the
Urban Sphere
Canvas that aresubstantially
similar
to Friendship
Bracelet: The
Ballad
of
Never Forget.
Such unauthorized use constitutes an infringement of
Hayuk's
copyright for which she is entided to damages and injunctive
relief.
Coun t V I I I
Copyright Infringement
of
Friendship Bracelet Rancher
60.
Hayuk repeats and
realleges
paragraphs 1 through 31 of this Complaint,
inclusive, as if the samewere
fully
set forth herein.
61. Hayuk's artwork entitled Friendship Bracelet:
Rancher
is
wholly
copyrightable
under the laws of the
United
States, and
Hayuk,
the
creator
and sole
owner
of Friendship
Bracelet:
Rancher,
holds allcopyright interests therein.
62.
Hayuk
is the sole owner of all
right,
title, and interest in the copyright to
Friendship Bracelet: Rancher, which has been registered
in the
United States Copyright Office as
part
of
Registration No. VAu 1-092-025.
63. Without authorization, Defendants reproduced,
displayed,
distributed, and
sold copies
of the
Urban Sphere Canvas
that are
substantially
similar to
Friendship Bracelet:
Rancher.
Such
unauthorized
use
constitutes
an
infringement
of Hayuk's
copyright for which
she is entided to damages and injunctive
relief.
Coun t IX
Copyright Infringement of
Friendship
Bracelet:
Minus
Yellow
64. Hayuk repeats and
realleges
paragraphs
1
through
31 of
this Complaint,
inclusive, as if the samewere
fully
set forth herein.
65. Hayuk's artwork entitled Friendship Bracelet: Minus Yellow is wholly
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copyrightableunder the lawsof the United States, and Hayuk, the creator and sole owner of
Friendship
Bracelet: Minus Yellow, holds all copyright interests therein.
66. Hayuk is the sole owner
of
all right, tide, and interest in the copyright to
Friendship
Bracelet: Minus Yellow, which has been registered in the United States Copyright
Office as part
of
Registration No. VAu 1-092-025.
67. Without authorization, Defendants reproduced, displayed, distributed, and
sold copies of the Urban Sphere Canvas that are substantially similar to Friendship
Bracelet:
Minus Yellow.
Such unauthorized use constitutes an infringement of Hayuk's copyright for
which she is entided to damages and injunctive relief.
Coun t X
Copyright Infringement
of
The Opening
68. Hayuk repeats and realleges paragraphs 1 through 31
of
this Complaint,
inclusive,as if the samewere fully set forth herein.
69. Hayuk's artwork entided
The Opening
is wholly copyrightable under the
laws
of the United States, and Hayuk, the creator and sole owner of The Opening, holds all
copyright interests therein.
70. Hayuk is the sole owner of all right, tide, and interest in the copyright to The
Opening, which has been registered in the United
States
Copyright Office as part of
Registration No. VAu 1-101-923.
71. Without authorization, Defendants reproduced, displayed, distributed, and
sold
copies
of the Urban Sphere
Canvas
that are substantially
similar
to The
Opening.
Such
unauthorized use constitutes an infringement of Hayuk's copyright for which she is entided
to damages and injunctive relief.
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Coun t
X I
Copyright Infringement
of
Forever Point
72. Hayuk
repeats and
realleges
paragraphs 1 through
31
of this Complaint,
inclusive, as if the samewere
fully
set forth herein.
73. Hayuk's artwork entitledForever Point is wholly copyrightable under the
laws
of the United States, and Hayuk, the creator and sole owner
of
Forever Point, holds all
copyright interests therein.
74.
Hayuk
is the sole owner of
all
right, tide, and interest in the copyright to
Forever Point, which has been registered in the United States Copyright
Office
as part of
Registration No. VAu 1-101-923.
75.
Without authorization, Defendants reproduced,
displayed,
distributed, and
sold
copies
of the Urban
Sphere Canvas
that are
substantially
similar
to Forever
Point. Such
unauthorized use constitutes an infringement of Hayuk's copyright for which she is entided
to damages and injunctive relief.
Coun t X I I
Copyright
Infringement ofBig Exes
76.
Hayuk repeats
and realleges
paragraphs
1 through
31
of
this Complaint,
inclusive, as if the samewere
fully
set forth herein.
77. Hayuk's artwork entided
Big Exes
is wholly copyrightable under the
laws
of
the United States, and Hayuk, the creator and sole
owner
of
Big
Exes, holds all copyright
in teres ts the re in .
78.
Hayuk
is the sole owner of all right, title, and
interest
in the
copyright
to Big
Exes, which
has been
registered
in the
United States Copyright Office as
partof
Registration
N o. V Au 1-164-339.
79. Without authorization, Defendants reproduced,
displayed,
distributed, and
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sold copies of the Urban Sphere Canvas that are substantially similar to Big
Exes.
Such
unauthorized use constitutes an infringement of Hayuk's copyright for which she is entided
to damages and injunctive relief.
Coun t
X I I I
Copyright
Infringement of the HayukWorks
80. Hayuk repeats and realleges paragraphs 1 through 79
of
this Complaint,
inclusive, as if the same were fully set forth herein.
81. Hayuk's artworks entided
Chem
Trails NYC;
Chem
Trails
Wjnwood; Chem
Trails
Berlin; Remain inUght 1;
Remain
inUght 4; Remain inUght 6; Big Exes;
Friendship
Bracelet:
The
Ballad
of
Never
Forget,
Friendship
Bracelet:
Rancher,
Friendship
Bracelet:
Minus
Yellow, The
Opening,
and
Forever Point
are wholly copyrightable under the laws of the United States, and
Hayuk, the creator and sole owner of the Hayuk Works, holds all copyright interests therein.
82. Hayuk is the sole owner of all right, title, and interest in the copyrights to
Chem Trails NYC; Chem Trails
Wjnwood;
Chem Trails Berlin;
Remain
inUght 1;
Remain
inUght
4; Remain inUght 6; Big Exes; Friendship Bracelet: The Ballad of
Never
Forget, Friendship Bracelet:
Rancher,
Friendship
Bracelet:
Minus
Yellow, The
Opening;
and
Forever
Point,
which have been
registered in the United
States
Copyright Office and respectively assigned Registration Nos.
VAu 1-173-957,
VAu
1-167-786, VAu 1-167-782,
VAu
1-164-339,
VAu
1-092-025, and
VAu
1 101 923
83. Without authorization, Defendants reproduced, displayed, distributed, and
sold
copies
of the Urban Sphere
Canvas
that are substantially similar to the Hayuk Works
identified
above.
Such unauthorized use constitutes an infringement of Hayuk's copyrights
for which she is entided to damages and injunctive relief.
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Prayers for
Relief
WHEREFORE, Hayuk prays that this Court:
1. Issue a preliminary order enjoining Target and Grand Image from
all
further
reproduction, manufacture, importation, sale, advertising, and distribution of
theUrbanSphereCanvas duringthe pendencyof this litigation;
2. Issue an order to Target and Grand
Image
be required to
deliver
up for
impoundment all infringing copies of Hayuk's artworks, in all forms
whatsoever, which are in Target or Grand Image's possession or under their
control;
3. Issuean order permanendy enjoining Targetand Grand Image, and
all
those
acting
in concert withTarget andGrand
Image
orwho have obtained
copies
of the infringing Urban
Sphere Canvas,
from all further reproduction,
manufacture,importation, sale, advertising, and distributionof such Canvas;
4. Issue an order that Target and Grand
Image
must provide
Hayuk
a full
accounting
of
all
reproduction
manufacture,
importation,
sale, advertising,
and/or distribution of
the Urban Sphere
Canvas
and
any
other infringing
product(s), including
i)
a full accounting of all sales of the Urban Sphere
Canvas;
(ii)
identification of allaffiliated parties who have distributed and/or
sold the
Urban
Sphere Canvas; and (iii)
all manufacturing,
importation, and
warehousing records;
5.
Award Hayuk
all ofher
direct and consequential
damages
arising
from
Target
andGrand Image's infringement of Hayuk's copyrights;
6.
Award
Hayuk
all profits earned by
Target
and Grand Image
from
the
infringement
of
Hayuk's
copyrights in
accordance with
504(b)
of the
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Copyright Act;
7. Issue an order that Targetand Grand
Image
be required to pay
Hayuk
such
statutory
damages
within the provisions of the Copyright Act in a sum not
less
than
$750.00,
nor more than
$30,000.00,
per infringed work, or if the
Court
finds
that the infringement
was
committed
willfully,
such statutory
damages
within
the provisions of the
Copyright
Act in a sum up to and
including $150,000.00 per infringed work;
8. Award Hayuk her reasonable attorneys' fees, costs
of
suit, and interest;
9. Issue an order that Target and Grand
Image
are
jointiy
and severally
liable
for Hayuk's direct and consequential
damages,
reasonable attorney's fees,
costs of
suit and interest;
and
10. Award Hayuk such other and further relief as the Court deems just and
proper.
PLAINTIFF DEMANDSATRIALBYJURYON ALLCOUNTS.
Dated: October 9,
2014
Respectfully submitted,
SAUNDERS &
SILVERSTEIN
LLP
Aaron Y.
Silverstein
(SDNY BarNo. AS-2323)
(NYBar No. 5069778)
Saunders
&
Silverstein LLP
14 Cedar Street, Suite
224
Amesbury, MA 01913
P:
978-463-9130
F:
978-463-9109
Attorneys for Plaintiff
Maya Hayuk
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DEMAND FOR TURY
TR IAL
Pursuant to
Fed.
R. Civ. P. 38(b), Plaintiff
Maya
Hayuk hereby demands a
jury trial
o f
al l
issues
so
triable.
Dated:
October 9, 2014
S &
SILVERSTEIN
LLP
Aaron
Y.
Silverstein
(SDNYBar No.
AS-2323)
(NYBar No. 5069778)
Saunders & Silverstein LLP
14 Cedar Street, Suite 224
Amesbury,MA01913
P:
978-463-9130
F:
978-463-9109
Attorneys for Plaintiff
Maya Hayuk
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EXHIBIT
A
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Certificate ofRegistration
*>-jiUv.
1870
This Certificate
issued
under thesealof theCopyright
Office in accordance
with ti tle
17,
United States Code,
attests that registrationhas beenmade forthe work
identified
below.
The information on
this
certificate ha s
beenmadea part ofthe Copyright
Office
records.
RegisterofCopyrights,UnitedStatesof America
T i t l e ;
;
Title o fWork: CHEM TRAILS NYC
Completion/Publication
Author
Year
of
Completion:
2014
Author:
Maya Hayuk
Author
Created:
2-D artwork
Citizen of :
United States
Year Born : 1969
Copyright claimant
Registration
Number
VAu 1-173-957
Effect ive
date
o f
registration;
February 7,2014
Domiciled in:
United States
Copyright Claimant:
Maya Hayuk
720LorimerStreet, 3R,Brooklyn,
NY,
11211, UnitedStates
Certi f icat ion
Name: Aaron Y.Silverstein
Date: February 7.2014
Applicant s Tracking Number: 4.137.11
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EXHIB IT
B
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Certificate
ofRegistration
sTAr*.*
8 7
This Certificate issued
under
the seal ofthe
Copyright
Officein accordancewith 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 partofthe
Copyright
Office records.
o^A^
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EXHIBIT
C
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Certificate of
Registration
8 7
This
Certificate issued under
the
seal
ofthe
Copyright
Officein accordance with title 17,
United
States Code,
attests that registrationhasbeen madefor thework
identified below.
The
information on this certificate has
beenmadeapartofthe
Copyright Office records.
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EXHIB IT D
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Certificate
ofRegistration
.p-STATf
Title
This Certificate issued under
the
seal
ofthe Copyright
Officein accordancewith title
17, United States Code,
attests that registrationhas beenmade for thework
identified below.The information on this certificate has
been made apartoftheCopyright Oflice records.
/TicouL
A
chfa
Register
ofCopyrights, United
States
ofAmerica
Tide ofWork: HayukPaintings 2008 2013
Contents Titles: RemainIn LightNumber4
Remain In Light Number 1
Remain In Light Number 2
Remain In Light Number 6
Trails
Number
1
Trails
Number
2
Trails Number 5
Multiversus Installation
Whitening StripNumber 1
Small
Remains Number 1
Greater Than
Less Than Number
1
Brown
X
Whitening Strip Number 2
Remain In Light Number 7
Remain In Light Black Number 8
Woven
Friendship BraceletsX
Third Eye Weave
Chemical
Trails Number 1
Face
Without
A Face Number 1
Face
Without
A Face
Number
2
Face Without A Face Number 3
Face
Without
A Face Number 4
Face
Without
A Face
Number
5
Face
Without
A
Face
Number 6
Registration Number
VAu
1-164-339
Effective date o f
registration:
February
6 2014
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Face
Without
A Face Number 7
Face
Without
A Face
Number
9
Blue
Coral
Morning Light Number 1And 2
Head Light Middle
Head Light Number 1
Head Light Number 2
Text Message Number 1
Text Message Number 2
Grid
Houseboat
Text Message Number 3
Pound Key Number 2
Pound Key Number 1
Mountain
LavenderMenace
God
Particles
Number
1
God
Particles
Number
2
Swamp
The
Others
May Day
Vessel
GardenParty
Undone
Multiverse Diptych
Summer Morning Eve
Easy Chair
-Fishers-Bay -
Wire
Night Chandelier
Who Loves
The Sun
Blue Ampersand
Black Ampersand
Magic Hour Weave
Yet
Unknown
Steps
Cameo
Small GrowingThorn
Wreath
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of
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Goth Seeweed
Dark Matters
Small
Lavender Opening
LongTimeComingNumber1
Bearded One
Rainbow Madras X's
Th e
X' s
Number
1
Big Exes
Blue
Crosses
Number 2
Blue Crosses Number 1
Totem
Completion/Publication
Year of Completion: 2013
Author
Author: Maya Hayuk
Author
Created:
2-D artwork
Work
made
fo r
hire: No
Citizen
of:
United States Domiciled
in:
United States
Year
Born: 1969
Copyright claimant
Copyright Claimant:
Maya Hayuk
720Lorimer Street, 3R, Brooklyn,NY, 11211,United States
Certi f icat ion
Name:
Aaron Y. Silverstein
Date:
February 6,2014
Applicant s Tracking Number: 4.136.11
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EXHIBIT
E
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37/41
Certificate of
Registration
STATC
/870
Tit le
This Certificate issued under theseal oftheCopyright
Officein accordance with title
17, United States
Code,
attests that registration has been made for the work
identified below.
Th e information
on this
certificate
has
beenmade a part of the Copyright
Office
records.
RegisterofCopyrights, United States ofAmerica
Title
of
Work:
Hayuk-2011 Collection No. 1
Contents Titles:
GOLD FRONT
Registration Number
VAu
1-092-025
E f f ec t iv e da t e
o f
registration:
February 9, 2012
NORMAL MURAL
NORMAL MURAL detai l l
N O R M AL M U R AL detail 2
NORMAL MURAL detail
3
CAKE,
2011
BLUE BODY TALK
BE IGE BODY
TALK
SAILBOAT
SFNSOS
PASSENGERS
II:
I CE CREAM CONES
PASSENGERS II : TW O CASTLES
PASSENGERS II : FLAGS
OF
GLORY
PASSENGERS
II: SHAMWOW
PASSENGERS II :
CASTLE CITY PEOPLE
FRIENDSHIP BRACELET: BETTER BFF 'S
FRIENDSHIP BRACELET:
THE BALLAD OF NEVER FORGET
KITES
II:
NO
COME DOWNS
KITE FLIGHTS: NIGHT VISION TECHNOLOGY
KITES
#1
KITE
FLIGHTS: EXCLAMATION MARKS
BONFIRE II: LEGENDARY BONFIRE
24
HOUR LIFE CYCLE
MEMORY FOAM:
MURAL AT DRAKE
HOTEL
MEMORY
FOAM: MURAL
AT
DRAKE
HOTEL (DETAIL)
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SEUN KUTI:
RISE
GAZE
WOMB WALL(CORNER)
WOMB WALLS(FRONT)
HOW
WE
DO
UPSIDE
DOWN
PINK
PILE
P INK SM ILE
II
PINK
SMILE
PRIVATE DANCER
TSUNAMI EARTHQUAKE
ROARSHACK #1
FRIENDSHIP
BRACELET: MINUS YELLOW
FRIENDSHIP BRACELET: RESSURRECTION
FRIENDSHIP BRACELET: RANCHER
ARENA LIGHTS
DESSERT
STORM
THE
EXES
MIX TAPE
4
SPIRAL
SPIRALFROMTHE INSIDEOUT,NO COLORS REPEATING
WEAVE
ARE THE WORLD
GATEWAY DRUG
Completion/ Publication
Year
of
Completion: 2011
Au tho r
Author:
Maya Hayuk
Author
Created: 2-D
artwork
Work made fo r hire: No
Citizenof: United
States Domiciled
in: United States
Year
Born:
1969
Copyright
claimant
Copyright Claimant:
MayaHayuk
720 LorimerStreet 3R,Amesbury, NY,
11211,
United States
Certi f icat ion
Name: Aaron
Y.Silverstein
Date: February 9,2012
Applicant s Tracking Number:
4.120/AYS
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EXHIB IT
F
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Certificate ofRegistration
.sT4r v
IS70
Tit le
This Certificate issuedunder the seal of theCopyright
Oflice in accordance with title
17,
UnitedStatesCode,
attests
that
registration
hasbeen made
for
thework
identified below. The information on
this
certificate has
beenmadea part of the Copyright
Office
records.
^Th^la .
~J L
Register
ofCopyrights,
United States
of
America
Title ofWork:
Hayuk 2012 Collection No.
I
Contents Titles:
MEMORY FOAM: LOVE
IS
ALL
I
LOVE
INNER STELLAR DESERT VIEW
ELVISES
VANISHING KITES
FOREVER POINT
DESERT STARGATE
TOGETHERNESS
SEXY
GROWING FLOWER
ENERGY
THE PRESENT
XEROPHYTIC LOVER
THE
OPENING
REHYDRATING
VESSEL
THE FIRE PART OF FIRE
LETS GO BE HERE SOMEWHERE ELSE
DOUBLE RAINBOW
GROWING
FOAM
GROWING 2
CAMEO
LATTICE
RAINBOW EXES
THE FIRST BONFIRE
SMALL
OPENING
CACTUS
THE FIRE PARTOF FIRE 1
WEAVE
ARETHE
WORLD
Registration Number
VAu
1-101-923
Ef f ect i v e da te
o f
registration:
May 1.2012
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SEXYBOWTIE
CLAM BAKE
SEXY BOWTIE:
THE
AWAKENING
WHITE-WHITE
HAMBURGER: LOADED
HOT CROSSES
HOT CROSSES II
RAINBOW SPACE X
PLAID RAINBOW
X
EASTER X
PLAID X
SPACE X
BALTIMORE MURAL
BLACK-BLACK HAMBURGER: THE
WORKS
HANGING
ROCK
HIGH CASTLE
MEMORY FOAM: THE DANCE
LADY
PARTS
LADY PARTS TOO
Completion/Publication
[Author
Year
ofCompletion: 2012
Author:
Maya
Hayuk
Author Created: 2-D
artwork
Work made
for hire :
No
Citizen
of:
United
States
Domiciled in:
United
States
Year Born: 1969
iCopyright
claimant
Copyright Claimant: Maya Hayuk
. ._....
720 LorimerStreet 3R, Brooklyn, NY,
11211,
UnitedStates
^^Cert i f icat ion
Name:
Aaron
Y.
Silverstein
Date:
May 1,2012
Applicant s Tracking Number:
4.122/AYS