keith haring foundation v. colored thumb - complaint

1

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

THE KEITH HARING FOUNDATION, INC.

Plaintiff,

v.

COLORED THUMB CORP; MICHAEL ROSEN and

Defendants.

Civil Action No.

COMPLAINT AND JURY DEMAND

Plaintiff The Keith Haring Foundation, Inc. (“Plaintiff” or “Haring Foundation”), by its

attorneys, for its complaint against Defendants Colored Thumb Corp. and Michael Rosen

(collectively, “Defendants”) hereby alleges as follows:

Nature of the Claims

1. This is an action for willful trademark infringement, trademark dilution, copyright

infringement, false advertising, cybersquatting, and false designation of origin under 15 U.S.C.

§§ 1114, 1125(a); 1125(c), 17 U.S.C. § 101 et seq..

2. The Haring Foundation is the successor-in-interest to and owner of the intellectual

property of Keith Haring, the world famous artist. The Haring Foundation’s mission is to

sustain, expand, and protect the legacy of Keith Haring, his art, and his ideals. The Haring

Foundation supports not-for-profit organizations that assist children, as well as organizations

involved in education, research, and care related to AIDS. Despite his death in 1990, artwork by

Keith Haring continues to be in high demand, and The Haring Foundation has an active licensing

35217183v3

Case 1:13-cv-20830-MGC Document 1 Entered on FLSD Docket 03/08/2013 of 19

2

program. There is also a strong market for Keith Haring’s original works, which sell for very

significant sums (depending on the size of the work, the medium, and other factors).

3. Defendants are currently promoting and conducting an art show that purports to

feature original works by Keith Haring and his “friends.” In fact, the overwhelming majority of

the works are not by Keith Haring; they are counterfeits and/or infringements. Defendants are

also offering these counterfeit and/or infringing works for sale, and may have already made sales

of such works.

Parties and Jurisdiction

4. Plaintiff The Haring Foundation is a New York not-for-profit corporation located at

676 Broadway, New York, NY 10012.

5. On information and belief, Defendant Colored Thumb Corp. is a Florida corporation

with an address of 21550 NE 38th Ave., Apt. 905, Miami FL 33180.

6. On information and belief, Defendant Michael Rosen is an individual residing in

Florida, and the president of Colored Thumb Corp.

7. This Court has subject matter jurisdiction because: (a) this is a civil action arising

under the Trademark and Copyright Laws of the United States, Sections 43(a) and (d) of the

Lanham Act, 15 U.S.C. §§ 1114, 1125(a) and 1125(c), and 17 U.S.C. § 101 et seq., jurisdiction

being conferred in accordance with 15 U.S.C. § 1121 and 28 U.S.C. §§ 1331 and 1338(a); and

(b) this Court has supplemental jurisdiction of Plaintiff’s state and common law claims pursuant

to 28 U.S.C. §§ 1367(a) and 1338(b).

8. This Court has personal jurisdiction over Defendants because Defendants conduct

business in Florida and in this judicial district. In addition, Defendants have committed tortious


3

acts that have caused injury within the State and within this judicial district, and the claims

alleged arise out of such tortious acts.

9. Venue is proper in this District under 28 U.S.C. § 1391(b)).

Facts Common to All Counts

Haring’s Intellectual Property

10. Keith Haring (1958 – 1990) was an American artist and social activist. Between

1982 and 1989 he created more than 50 public works in dozens of cities around the world,

including New York, Amsterdam, Paris, Phoenix, and in Berlin on the Berlin Wall at the

Brandenburg Gate. His work has been the subject of several international retrospectives,

including a 1997 retrospective at the Whitney Museum of Art in New York that traveled to

several cities in North America (including Miami), major retrospectives in Europe (the largest of

which opens next month at the Musee d’Art Moderne in Paris, France) and an exhibition of early

work at the Brooklyn Museum (March – July, 2012).

11. In 1989, Keith Haring established The Haring Foundation to ensure that his

philanthropic legacy would continue indefinitely. In addition, before his death, he charged The

Haring Foundation with maintaining and protecting his artistic legacy. The Haring Foundation

maintains a collection of Keith Haring’s art along with archives that facilitate historical research

about him and the times and places in which he lived and worked.

12. The Haring Foundation now owns virtually all intellectual property rights relating to

Keith Haring. The Haring Foundation owns, inter alia, the following U.S. Trademark

Registrations:


4

Mark Reg. No. Goods/Services

2,413,748

Magnets; printed matter, namely art prints, posters and postcards; paper and plastic bags for packaging; tissue paper and cardboard boxes; tote bags and knapsacks; clothing, namely t-shirts, sweatshirts, caps and jackets.

KEITH HARING

1,796,338

Printed matter, namely art prints, posters, postcards, calendars, coloring books, children's books, picture books and museum catalogs; general purpose plastic pouches for packaging and storing assorted personal items; clothing, namely t-shirts, sweatshirts, caps, ties and jackets; ornamental novelty buttons

1,755,211

Jewelry; namely, earrings and pendants; Printed matter; namely, art prints, posters and postcards; Clothing; namely, t-shirts, sweatshirts, caps and jackets

1,968,522

Printed matter, namely art prints, postcards, note cards, posters, books, calendars, note books, stickers, children's books, coloring books, books in the field of art, and catalogs in the fields of art and clothing


5

1,980,907

Printed matter, namely art prints, postcards, note cards, posters, calendars, note books, stickers, children's books, coloring books and books in the field of art and catalogs in field of art and clothing

2,513,868

Magnets; earrings, pendants, tie clips and cuff links; printed matter, namely art prints, posters, and post cards; clothing, namely t-shirts, sweatshirts, caps, jackets, and ties.

3,122,922

Printed matter, namely, art prints, postcards, notecards, posters, stickers, books in the field of art, stationery, calendars, pencils, pens, pencil cases, writing instruments, journals with blank pages for writing, coloring books, binders

3,500,282

Printed matter, namely, art prints, postcards, notecards, books and catalogs in the field of art, calendars, and notebooks; clothing, namely, t-shirts; Ornamental novelty pins and buttons


6

2,513,868

Computer mousepads and cd cases; Jewelry, namely, earrings, pendants, pins, bracelets and watches, cuff links, tie tacks; Printed matter, namely, art prints, postcards, notecards, posters, stickers, books in the field of art, stationery, calendars, coloring books, blank writing journals; pouches, namely, general purpose plastic pouches for packaging and storing assorted personal items, shopping bags made of plastic and paper; School bags, school satchels, backpacks, totebags, beach bags, sports bags, haversacks; umbrellas; Bowls, dishes, plates, serving platters, sugar bowls, cups, mugs, drinking glasses, drinking vessels, pitchers, tea and coffee services not of precious metal, teapots not of precious metal, creamers, vases; Bed sheets, pillow cases, pillow shams, duvet covers, bed blankets, bed covers, namely, bed spreads, comforters, bed blankets, dust ruffles; coverlets, shower curtains, towels, wash clothes, beach towels; Clothing, namely, t-shirts, tank tops, sweat shirts, sweat pants, shorts, hats, caps, jackets, scarves, raincoats, windbreakers, socks, shoes, boots, slippers, sandals, booties, belts, baby bibs not made of paper, rompers, and baby hooded sacks, namely, swaddling clothes and cloth infant wraps; Ornamental novelty pins and buttons; heat


7

adhesive patches for decoration of textile articles; Toys, games, and play things, namely, yo yos, pull toys, dominoes, and playing cards

13. In addition, The Haring Foundation owns numerous copyright registrations for

Haring’s artwork, including but not limited to:

Title

Reg. No.

Birth Images VA 1-444-701 Front Cover Notebook VA 1-444-727 Coloring Books VA 1-444-741 Swatch Design – Oct. 1, ‘85 VA 1-444-736 [Logo against family violence] VA 1-146-507 Fusion Coin Collection Box VA 1-146-509 Voguer’s Ball Chicago Logo 1989 VA 1-146-515 3 Figures Holding Hands VA 1-146-517 [Snake] VA 1-146-529 Kingswood Cranbook VA 1-146-532 Montreaux Jazz Festival VA 1-202-994 TV With Wings VA 1-202-999 DJ 84 VA 1-203-000 DJ VA 1-203-008 Four Corner Figures VA 1-203-009 Dancing Dog VA 1-203-010 Baby Fabric Design VA 1-203-506 Fertility No. 5 VA 1-212-369 Summit Drawing VA 1-444-726 Front Cover Notebook VA 1-444-727 Possible Inserts VA 1-099-586 Pop Shop No. 6 VA 1-156-670 Pop Shop No. 5 VA 1-156-669 Running Man Logo VA 1-146-524 Artist Sketchbook Batman VA 1-212-383

14. Since the mid-1980’s, sales of artwork and licensed products bearing Keith Haring’s

signature and distinctive characters and elements have generated over $30 million. As a result of

Keith Haring’s renown, his legacy, and the playful, whimsical nature of his art, works containing


8

Keith Haring’s signature and/or his distinctive characters and elements are immediately

recognized by the public as originating with Keith Haring and/or authorized by Plaintiff. The

Haring Foundation has strong and valuable trademark rights in Haring’s signature and his

distinctive characters and elements, and those marks have become famous within the meaning of

15 U.S.C. § 1125(c).

Defendants’ Actions 15. Defendants are currently promoting and conducting an art show at the Moore

Building in Miami, titled “Haring Miami.” This show is subtitled “A Celebration of the Life &

Art of Keith Haring.” The show takes place from March 7-10, 2013, with a VIP opening on the

evening of March 6. The web site that promotes the show, www.haringmiami.com, features an

image of Keith Haring’s artwork called “Retrospect” from 1989, which consists of multiple

squares of different images.

16. The overwhelming majority of the works featured at the show are not genuine Haring

artworks. Rather, they are fakes, forgeries, counterfeits, and/or infringements.

17. Defendants appear to acknowledge that not all of the works are genuine. At the very

bottom of Defendants’ website, there is the word “Disclaimer” that is clearly not designed to be

noticeable. If a user clicks on this word, one is taken to a page that lists five general disclaimers

about attendance at the show. The bottom of this page states:

The art in this catalog may be by the artist Keith Haring or from his circle of friends. In that this is an expansive Exhibit, some of the artwork has not been submitted or examined by the Keith Haring Foundation for authenticity. Although every effort has been made to research the authenticity of the artwork, the promoter of this show, the owners and publisher of this catalog and curator cannot and does not guarantee the authenticity of the works. The works in this show are all from creditable private collections for


www.haringmiami.com

9

your viewing pleasure and charitable educational experience. Some of the artwork in this catalog may be controversial. The show is meant to be an exploration of the work of Keith Haring and his friends and their influence on art. The pieces here may have been created by Keith Haring or his inner circle of collaborators. The promoters of Haring Miami, and the art owners, the curator and their agents are not affiliated with the Keith Haring Foundation or any entity related to their organization. Some of the works have been submitted and approved by the Foundation; some have been submitted and not authenticated by them with a caveat that they reserve their right to possibly authenticate the pieces upon further examination. Others have not been submitted.

18. This hidden “Disclaimer” fails to note that many of the works have been submitted to

The Haring Foundation for authenticity – and were found to be inauthentic. Many works

featured in Defendants’ show that purport to be by Keith Haring were submitted to The Haring

Foundation for authentication in 2007 by a collector named Liz Bilinski. The Haring Foundation

advised Ms. Bilinski that the works were not authentic.

19. A representative of The Haring Foundation visited the show on opening night (March

6, 2013), and closely examined all the works in the exhibition. Out of the entire four floors of

exhibited works, approximately 8 works were real works of Haring, including some prints, one

acrylic on canvas, and one sculpture. Thus, the overwhelming majority of the works exhibited

were works not created by Haring.

20. Additional works, including fake works, appear in the catalogue of the show. Every

work appearing in the catalogue is fake except for two works. One appears on the interior cover

of the catalogue entitled “Growing”, and the other on the following page, which is untitled but

consists of a detail from a canvas painting on a tent.

21. More than 200 people attended the opening of the show. Many in attendance

believed that the art being displayed was by Keith Haring.


10

22. Some of the works at the show are for sale, and The Haring Foundation representative

in attendance was told to email defendant Michael Rosen if he was interested in purchasing any

of the works. Two email addresses were provided to get in contact with Mr. Rosen.

23. At the show, there are approximately 80 works of acrylic on canvas, some of which

are quite large. All but one of the acrylics on canvas are fake. Each of these works of art, if they

were real Haring works, would be worth in the range of $500,000 to $1 million dollars.

24. Putting such works of art into the market will cause enormous and irreparable damage

to The Haring Foundation. Sales of poor quality works purporting to be authentic Keith Haring

work depress the value of the work because it discredits the genius and innovative nature of the

authentic artwork, people can buy the fake artwork cheaply and people also come to regard

Haring's work as amateurish because of poor quality fakes, such as are being shown at Haring

Miami. Further, if not stopped, the market could be flooded with these fakes. And, once they hit

the market, they will be extremely difficult if not impossible to track down and control. They

will defraud investors and collectors who, among other things, purchase authentic artworks from

the Foundation’s representatives. It would destabilize the market for authentic Keith Haring

artwork. For example, if the approximately 80 acrylic works on canvas in the show were real

Harings, their collective value would be more than $40 million. In fact, they are poor quality

fake Harings and infringements of copyrighted and trademarked Haring artworks. Since there are

so many, their entry into the market would certainly have an effect on the sale and the price of

real Haring artwork.

25. On information and belief, Defendants are promoting, displaying and/or selling

works in the following categories:


11

(i) works that are outright forgeries, bearing a fake signature by Keith Haring and purporting to be works by Keith Haring, but are works of a third party;

(ii) works that do not bear a signature by Keith Haring but nonetheless are

presented as works by Keith Haring, but are works of a third party;

(iii) works that may purport to be by a third party or are ambiguous as to the artist, but contain copied elements of Keith Haring’s artwork.

The Effects of Defendants’ Unlawful Activities

26. Defendants’ unauthorized and misleading use of Keith Haring’s name, as well as the

promotion, display, offering for sale, and sale of forgeries are unauthorized, infringing, and

likely to confuse consumers.

27. On information and belief, Defendants’ acts as described herein have already caused

actual confusion among attendees of Defendants’ show.

28. As a direct and proximate result of Defendants’ actions, Plaintiff has suffered

irreparable injury for which there is no adequate remedy at law and, absent injunctive relief,

Plaintiff will continue to suffer irreparable injury for which there is no adequate remedy at law.

29. Defendants’ foregoing actions have caused Plaintiffs to suffer damages, including but

not limited to loss of goodwill.

30. On information and belief, Defendants’ acts have been willful, wanton, intentional,

and purposeful, or in reckless disregard of, or with callous indifference to, Plaintiff’s rights.

31. Defendants’ unauthorized and unlawful acts have resulted in unlawful profits to

Defendants and have caused Defendants to be unjustly enriched.

COUNT I Federal Trademark Infringement – 15 U.S.C. § 1114

32. Plaintiff realleges the allegations of Paragraphs 1 through 31 of this Complaint as

though fully set forth herein.


12

33. Defendants’ use of the marks KEITH HARING and multiple other registered

trademarks of Haring’s images belonging to Plaintiff in connection with the promotion, display,

offer for sale, and sale of works that do not originate with Keith Haring is likely to cause

confusion, mistake, or deception as to the source or affiliation of Defendants’ works.

Specifically, Defendants’ use is likely to cause attendees, purchasers, or others to mistakenly

believe that the artwork displayed, offered for sale, and sold at, through, or as a result of

Defendants’ show are original to Keith Haring.

34. Defendants’ use of the marks KEITH HARING and multiple other trademarks of

Haring’s images belonging to Plaintiff violates Plaintiff’s exclusive rights in those designations

and constitutes trademark infringement in violation of 15 U.S.C. § 1114 and Florida common

law.

35. Defendants’ use of KEITH HARING and multiple other trademarks of Haring’s

images belonging to Plaintiff is greatly and irreparably damaging to Plaintiff and will continue to

greatly and irreparably damage Plaintiff unless restrained by this Court. As a result, Plaintiff is

without an adequate remedy at law.

36. Defendants’ acts have been willful, wanton, intentional, purposeful and in deliberate

disregard of Plaintiff’s rights, entitling Plaintiff to immediate and permanent injunctive relief,

damages, Defendants’ profits, punitive damages, reasonable attorney’s fees and costs.

37. Defendants’ foregoing actions also have caused Plaintiff damages in an amount yet

to be determined.


13

COUNT II Federal False Designation of Origin and Unfair Competition – 15 U.S.C. § 1125(a)



39. Defendants’ use of the marks KEITH HARING and multiple other indicia of Haring

belonging to Plaintiff in connection with the promotion, display, offer for sale, and sale of works

that do not originate with Keith Haring is likely to cause confusion, mistake, or deception as to

the source or affiliation of Defendants’ works. Specifically, Defendants’ use is likely to cause

attendees, purchasers, or others to mistakenly believe that the artwork displayed, offered for sale,

and sold at or through Defendants’ show are original to Keith Haring.


Haring’s images belonging to Plaintiff violates Plaintiff’s exclusive rights in those designations

and constitutes false designation of origin and unfair competition in violation of 15 U.S.C. §

1125(a).








43. Defendants’ foregoing actions also have caused Plaintiff damages in an amount yet to

be determined.


14

COUNT III Federal Trademark Dilution – 15 U.S.C. § 1125(c)



45. Through widespread use and world renown, the KEITH HARING and multiple other

trademarks of Haring’s images belonging to Plaintiff have become famous trademarks within the

meaning of 15 U.S.C. § 1125(c).


Haring’s images belonging to Plaintiff in connection with the promotion, display, offer for sale,

and sale of works that do not originate with Keith Haring is likely to dilute the distinctive quality

of Plaintiff’s famous trademarks in violation of 15 U.S.C. § 1125(c).









to be determined.

COUNT IV Federal False Advertising – 15 U.S.C. § 1125(a)




15

51. In commercial advertising, Defendants have misrepresented the nature,

characteristics, qualities, or geographic origin of its goods, services, and commercial activities in

violation of 15 U.S.C. § 1125(a)(1)(B).

52. Defendants’ false advertising as described herein is greatly and irreparably damaging

to Plaintiff and will continue to greatly and irreparably damage Plaintiff unless restrained by this

Court. As a result, Plaintiff is without an adequate remedy at law.





to be determined.

COUNT V

Copyright Infringement- 17 U.S.C. § 101 et seq. 55. Plaintiff realleges the allegations of Paragraphs 1 through 54 of this Complaint as


56. Defendants acts of displaying, offering for sale, and selling works that consist of or

contain copies of Keith Haring’s artwork, constitute willful copyright infringement and violate

Plaintiff’s exclusive rights under the U.S. Copyright Act, 17 U.S.C. § 101 et seq. In particular,

Defendants have infringed Plaintiff’s registered copyrights.

COUNT VI

Cybersquatting




16

58. HARING is the personal name of Keith Haring, and a distinctive trademark owned by

Plaintiff.

59. By wrongfully registering and using the domain name www.haringmiami.com in the

manner described above, Defendants have, with a bad faith intent to profit, registered and used a

domain name that is identical to and confusingly similar to the HARING trademark.

60. Defendants’ actions constitute cybersquatting in violation of 115 U.S.C. § 1125(d).

61. Defendants’ registration and use of the www.haringmiami.com domain name is

greatly and irreparably damaging to Plaintiff and will continue to greatly and irreparably damage

Plaintiff unless this Court orders the transfer of the domain name to Plaintiff. As a result,

Plaintiff is without an adequate remedy at law.



damages, Defendants’ profits, punitive damages, reasonable attorney’s fees, and costs.

Prayer for Relief

WHEREFORE, Plaintiff respectfully prays for Judgment to be entered against

Defendants as follows:

A. Temporarily and preliminarily, during the pendency of this action, and

permanently, restraining and enjoining Defendants, their officers, agents, servants, employees,

and attorneys, and those persons in active concert or participation with them who receive actual

notice thereof, jointly and severally:

i. from advertising, displaying, selling, or offering for sale any works that

were not created by Keith Haring but bear any indicia of Keith Haring, such as the KEITH

HARING signature, or any of other trademarks belonging to Plaintiff;


www.haringmiami.com

www.haringmiami.com

17

ii. from using on or in connection with any product or service or the sale,

offering for sale, distribution, advertising, or promotion of any product or service, or from using

for any commercial purpose whatsoever, any false designation of origin or false description or

representation or any other thing calculated or likely to cause confusion or mistake in the minds

of the public or to deceive the public into the belief that works that are not original Keith Haring

artworks are original Keith Haring artworks;

iii. from directly or indirectly reproducing, adapting, distributing, publicly

displaying, transmitting, offering, advertising, marketing or otherwise exploiting, by any means,

any material or product, in any form, bearing any unauthorized reproduction, imitation or

simulation, in whole or in part, of any of Plaintiff’s copyrighted works (whether now in existence

or hereafter created), including but not limited the works covered by the Certificates of

Registration referred to above;

iv. from causing, engaging in or permitting others to do any of the aforesaid

acts;

B. Temporarily and preliminarily, during the pendency of this action, and

permanently, impound the infringing works pursuant to 17 U.S.C. § 503(a);

C. That Defendants be required to deliver to Plaintiff for destruction, all works that

violate Plaintiff’s trademark rights as described herein pursuant to 15 U.S.C. § 1118;

D. Directing Defendants to file with the Court and serve upon counsel for Plaintiffs,

within thirty (30) days after entry of any temporary, preliminary, or permanent injunction issued

by the Court in this action, a sworn written statement as provided in 15 U.S.C. § 1116 setting

forth in detail the manner and form in which Defendants have complied with the injunction;


18

E. Requiring Defendants and/or the registrars of the domain name

www.haringmiami.com to immediately transfer the domain name to Plaintiff or its designee;

F. That Defendants account to Plaintiff for all gains, profits and advantages derived

from Defendants' wrongful acts;

G. That Plaintiff recover from Defendants all Defendants' profits and all damages,

including lost profits, sustained by Plaintiff as a result of Defendants' wrongful acts, and such

other compensatory damages as the Court determines to be fair and appropriate, pursuant to 15

U.S.C. § 1117(a) and 17 U.S.C. § 504;

H. That, if elected by Plaintiff, Plaintiff recover from Defendants statutory damages

pursuant to 17 U.S.C. § 504;

I. That Plaintiff recover its costs and attorneys fees relating to this action from

Defendants;

J. That Plaintiff recover from Defendants three times the amount of Defendants'

profits or Plaintiff's damages, whichever is greater, pursuant to 15 U.S.C. § 1117(b); and

K. Granting Plaintiffs such other and further relief as the Court may deem just and

proper.

Plaintiff demands a jury on all issues so triable. Dated: March 8, 2013 Respectfully submitted,

PROSKAUER ROSE LLP Attorneys for Plaintiff 2255 Glades Road, Suite 421 Atrium Boca Raton, Florida 33431 Telephone: (561) 241-7400 Facsimile: (561) 241-7145 /s Jonathan Galler Matthew Triggs


www.haringmiami.com

19

Florida Bar No. 0865745 [email protected] Jonathan Galler Florida Bar No. 0037489 [email protected]

-and-

Sarah S. Gold (pro hac vice motion to be submitted) Margaret A. Dale (pro hac vice motion to be submitted) PROSKAUER ROSE LLP 11 Times Square New York, NY 10036 Telephone: (212) 969-3000 Facsimile: (212) 969-2900


mailto:[email protected]

mailto:[email protected]

Case 1:13-cv-20830-MGC Document 1-1 Entered on FLSD Docket 03/08/2013 Page 1 of 1"'iS 44 (Rev. 2/08) CIVIL COVER SHEET 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 September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS oN THE REVERSE oF THE FORM.) NOTICE: Attorneys MUST Indicate All Re-filed Cases Below.

I. (a) PLAINTIFFS

THE KEITH HARING FOUNDATION

(b) County of Residence of First Listed Plaintiff New York Corporation (EXCEPT IN U.S. PLAINTIFF CASES)

(c) Attorney's (Firm Name, Address, and Telephone Number)

Matthew Triggs, Esq., Proskauer Rose, LLP, 2255 Glades Road, Suite 421 Atrium, Boca Raton, FL 33431, (561) 241-7400

DEFENDANTS

COLORED THUMB CORP; MICHAEL ROSEN

County of Residence of First Listed Defendant (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT

LAND INVOLVED.

Attorneys (If.Known)

(d) Check County Where Action Arose: ,/J MIAMI- DADE 0 MONROE 0 BROWARD 0 PALM BEACH 0 MARTIN 0 ST. LUCIE 0 INDIAN RIVER 0 OKEECHOBEE

HIGHLANDS

II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Piace an "X" in one Box for Plaintiff

CJ I U.S. Government Plaintiff

0 2 U.S. Government Defendant

IV NATURE OF SUIT

CONTRACT

0 110 Insurance

0 I20 Marine

0 130 Miller Act 0 140 Negotiable Instrument

0 150 Recovery of Overpayment

& Enforcement of Judgment 0 151 Medicare Act 0 152 Recovery of Defaulted

Student Loans (Excl. Veterans)

0 153 Recovery of Overpayment of Veteran's Benefits

0 160 Stockholders' Suits

0 190 Other Contract 0 I95 Contract Product Liability

0 196 Franchise

REAL PROPERTY 0 210 Land Condemnation 0 220 Foreclosure 0 230 Rent Lease & Ejectment 0 240 Torts to Land 0 245 Tort Product Liability

0 290 All Other Real Property

{0 3 Federal Question (U.S. Government Not a Party)

0 4 Diversity

(Indicate Citizenship of Parties in Item III)

(Place an "X" in One Box Only)

TORTS

PERSONAL INJURY PERSONAL INJURY 0 310 Airplane 0 362 Personal Injury R

0 315 Airplane Product Med. Malpractice Liability 0 365 Personal Injury ·

0 320 Assault, Libel & Product Liability Slander 0 368 Asbestos Personal

0 330 Federal Employers' Injury Product Liability Liability

0 340 Marine PERSONAL PROPERTY 0 345 Marine Product 0 3 70 Other Fraud

Liability 0 3 71 Truth in Lending 0 350 Motor Vehicle 0 3 80 Other Personal

0 355 Motor Vehicle Property Damage Product Liability 0 385 Property Damage

0 360 Other Personal Product Liability Injury

CIVIL RIGHTS PRISONER PETITIONS 0 441 Voting 0 510 Motions to Vacate 0 442 Employment Sentence 0 443 Housing/ Habeas Corpus:

Accommodations 0 530 General 0 444 Welfare 0 535 Death Penalty

0 445 Amer. w/Disabilities

0 540 Mandamus & Other Employment

0 446 Amer. w/Disabilities

0 550 Civil Rights Other

0 440 Other Civil Rights 0 555 Prison Condition

(For Diversity Cases Only)

PTF Citizen of This State 0 1

Citizen of Another State 0

Citizen or Subject of a 0

FORFEITURE/PENALTY

0 610 Agriculture 0

0 620 Other Food & Drug 0

0 625 Drug Related Seizure of Property 2I USC 881

0 630 Liquor Laws

0 640 R.R. & Truck 0

0 650 Airline Regs. 0

0 660 Occupational iil Safety/Health

0 690 Other LABOR

0 710 Fair Labor Standards 0 Act 0

0 720 Labor/Mgmt. Relations 0

0 730 Labor/M gmt.Reporting 0 & Disclosure Act 0

0 740 Railway Labor Act

0 790 Other Labor Litigation 0

0 791 Empl. Ret. Inc. Securit Act 0

0 462 Naturalization Application

0 463 Habeas Corpus·Alien Detainee

0 465 Other Immigration Actions

and One Box for Defendant) PTF DEF DEF

0 I Incorporated or Principal Place 0 0 4

of 8 usiness In This State

0 Incorporated and Principal Place of Business In Another State

0 0 5

0 Foreign Nat ion 0 0 6

BANKRUPTCY OTHER STATUTES

422 Appeal28 USC 158 0 400 State Reapportionment

423 Withdrawal 0 410 Antitrust

28 usc 157 0 430 Banks and Banking

0 450 Commerce

PROPERTY RIGHTS 0 460 Deportation

820 Copyrights 0 470 Racketeer Influenced and

830 Patent Corrupt Organizations

840 Trademark 0 480 Consumer Credit

0 490 Cable/Sat TV

0 810 Selective Service

SOCIAL SECURITY 0 850 Securities/Commodities/ 861 HIA (1395ff) Exchange

862 Black Lung (923) 0 875 Customer Challenge 863 DIWC/DIWW (405(g)) 12 usc 34IO 864 SSID Title XVI 0 890 Other Statutory Actions

865 RSI (405(g)) 0 891 Agricultural Acts

FEDERAL TAX SUITS 0 892 Economic Stabilization Act

870 Taxes (U.S. Plaintiff 0 893 Environmental Matters

or Defendant) 0 894 Energy Allocation Act 87I IRS--Third Party 0 895 Freedom oflnformation Act

26 usc 7609 0 900 Appeal of Fee Determination

Under Equal Access to Justice

0 950 Constitutionality of State

Statutes

V. ORIGIN

,fJ I Original Proceeding

(Place an "X" in One Box Only)

0 2 Removed from 0 3 State Court

Re-filed-(see VI below)

0 4 Reinstated or 0 Reopened

Transferred from 5 another district

(specify) 0 6 Multidistrict

Litigation 0 7

Appeal to District Judge from Magistrate Judgment

VI. RELA TED/RE-FILED

CASE(S). (See instructions second page):

a) Re-filed Case 0 YES fiJ NO

JUDGE

b) Related Cases 0 YES VJNO

DOCKET NUMBER

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);

VII. CAUSE OF ACTION 15 U.S.C. §§ 1114, 1125(a); 1125(c), 17 U.S.C. § 101 et seq.

VIII. REQUESTED IN

COMPLAINT:

LENGTH OF TRIAL via 5 days estimated (for both sides to try entire case)

0 CHECK IF THIS IS A CLASS ACTION DEMAND $ UNDER F.R.C.P. 23

ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE

CHECK YES only if demanded in complaint:

JURY DEMAND: ¢ Yes 0 No

DATE

March 8, 2013

FOR OFFICE USE ONLY

AMOUNT RECEIPT# IFP

Case 1:13-cv-20830-MGC Document 1-2 Entered on FLSD Docket 03/08/2013 Page 1 of 1

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT for the

Southern District of Florida


Plaintiff(s)

V.

) ) ) ) ) ) ) ) ) ) ) )

Civil Action No.


Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant's name and address) Colored Thumb Corp. 21150 Point PL, Apt. 905 Aventura FL 33180

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it)- or 60 days ifyou are the United States or a United States agency, or an officer or emp1oyee·ofthe United States described in Fed. R. Civ. P. 12 ( a)(2) or (3) -you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Matthew Triggs, Esq.

Proskauer Rose LLP 2255 Glades Road, Suite 421 Atrium Boca Raton, FL 33431 (561) 241-7400

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date: --------------------Signature of Clerk or Deputy Clerk

Case 1:13-cv-20830-MGC Document 1-3 Entered on FLSD Docket 03/08/2013 Page 1 of 1

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT for the

Southern District of Florida


Plaintiff(s)

v.

) ) ) ) ) ) ) ) ) ) ) )

Civil Action No.


Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant's name and address) Michael Rosen 21150 Point PL, Apt. 905 Aventura FL 33180

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) -or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3)- you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Matthew Triggs, Esq.

Proskauer Rose LLP 2255 Glades Road, Suite 421 Atrium Boca Raton, FL 33431 (561) 241-7400

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date: Signature of Clerk or Deputy Clerk

keith haring foundation v. colored thumb - complaint

Documents