Hayuk v. Target - Chem Trails mural complaint.pdf

8/10/2019 Hayuk v. Target - Chem Trails mural complaint.pdf

1/41

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(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)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).


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


3/41

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


4/41

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


5/41

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.


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.


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


6/41

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:


7/41

Chem TrailsY

Chem

Trails

Wjnwood


8/41

Chem Trails Berlin

REMAININ LIGHT 1 2013 acrylic ana

fiasco

on canvas 48 x Si r

Remain inUght /


9/41

REMAIN

INLIGHT 4 2013 acrylic and flash*on canvas 4flx 72*

Remain inUght 4

REMAIN INLIGHT 6

2013acrylcandflash( on

panel 30x40

Remain inUght

6


10/41

Friendship Bracelet:

The

Ballad ofNever Forget


Rancher


11/41

Friendship

Bracelet:

Minus Yellow

-MAYA

HAYIK 2012

The

Opening


12/41

ForeverPoint

BIG EXES. 2010. 24X36* aery lieon birch panel

BigExes

10

MAYA

HAYUK

2 2

SMAV.A HAYL'K 2011


13/41

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


14/41

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


Minus

Yellow

BigExes


15/41

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


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


16/41

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


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


17/41

Coun t IV


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.


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


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


51.

Without authorization, Defendants reproduced, displayed, distributed, and

15


18/41

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


19/41

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


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


63. Without authorization, Defendants reproduced,

displayed,

distributed, and

sold copies

of the

Urban Sphere Canvas

that are

substantially

similar to


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


realleges

paragraphs

1

through

31 of

this Complaint,


fully

set forth herein.

65. Hayuk's artwork entitled Friendship Bracelet: Minus Yellow is wholly

17


20/41

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



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


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



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.


21/41

Coun t

X I


of

Forever Point

72. Hayuk

repeats and

realleges

paragraphs 1 through

31

of this Complaint,


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


75.

Without authorization, Defendants reproduced,

displayed,

distributed, and

sold

copies

of the Urban

Sphere Canvas

that are

substantially

similar

to Forever

Point. Such



Coun t X I I

Copyright

Infringement ofBig Exes

76.

Hayuk repeats

and realleges

paragraphs

1 through

31

of

this Complaint,


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

19


22/41

sold copies of the Urban Sphere Canvas that are substantially similar to Big

Exes.

Such



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


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.

2


23/41

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

21


24/41

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

E: [email protected]

Attorneys for Plaintiff

Maya Hayuk

22


25/41

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

E: [email protected]

Attorneys for Plaintiff

Maya Hayuk

23


26/41

EXHIBIT

A


27/41

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

Page I of 1


28/41

EXHIB IT

B


29/41

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^


30/41

EXHIBIT

C


31/41

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.

1?L


32/41

EXHIB IT D


33/41

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



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 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

Page lo f 3


34/41

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


Grid

Houseboat


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

Page 2

of

3


35/41

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


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

Page 3 of 3


36/41

EXHIBIT

E


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)

Page

1 of 3


38/41

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

Page 2 of 3


39/41

EXHIB IT

F


40/41

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

Page 1 of 2


41/41

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


[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

Hayuk v. Target - Chem Trails mural complaint.pdf

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