JS 44C/SDNY

REV. 4/2014CIVIL COVE

The JS-44 civil cover sheet and the information contained hereinpleadings or other papers as required by law, except as providedJudicial Conference of the United States in September 1974, isinitiating the civil docket sheet.

IEET

neither replace nor supplement the filing and service ofby local rules of court. This form, approved by the

riquireoj for useoftheClerk ofCourt for the purpose of

PLAINTIFFS

Sydney Albertini JUDGE **OOeR»CK

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBERClarick Gueron Reisbaum LLP220 Fifth Ave., 14th Floor, New York, NY 10001212.633.4310

DEFENDANTS

Beneit Cosmetics, LLC

ATTORNEYS

"JUL 2 8 2014

m CV 579 8CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEFSTATEMENT OF CAUSE)

(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

17 USC 501

Has this action, case, orproceeding, orone essentially the same been previously filed in SDNY at any time? NcHfesI—Uudge Previously Assigned

If yes,wasthis case Vol. [~J Invol. [~J Dismissed. No [~J Yes [~J If yes,(|ive dbte &Case No.

IS THIS AN INTERNATIONAL ARBITRATION CASE? No 0 Yes [~J

(PLACE AN M INONE BOXONLY)

TORTS

[ I noI 1120I 1130I 1140

t ] 150

[ ]151I 1152

[ ]153

[ 1160

( ]190

I 1195

[ 1196

INSURANCE

MARINE

MILLER ACT

NEGOTIABLE

INSTRUMENT

RECOVERY OF

OVERPAYMENT &

ENFORCEMENT

OF JUDGMENT

MEDICARE ACT

RECOVERY OF

DEFAULTED

STUDENT LOANS

(EXCL VETERANS)RECOVERY OF

OVERPAYMENT

OF VETERAN'S

BENEFITS

STOCKHOLDERS

SUITS

OTHER

CONTRACT

CONTRACT

PRODUCT

LIABILITY

FRANCHISE

PERSONAL INJURY

[ ] 310 AIRPLANE[ I 315 AIRPLANE PRODUCT

LIABILITY

[ ] 320 ASSAULT, LIBEL &SLANDER

[ J 330 FEDERALEMPLOYERS'

LIABILITY

[ J 340 MARINE[ ] 345 MARINE PRODUCT

LIABILITY

[ ] 350 MOTOR VEHICLE[ ] 355 MOTOR VEHICLE

PRODUCT LIABILITY

[ ] 360 OTHER PERSONALINJURY

[ J 362 PERSONAL INJURY -MED MALPRACTICE

ACTIONS UNDER STATUTES

CIVIL RIGHTS

[ J 440 OTHER CIVIL RIGHTS(Non-Prisoner)

[ ] 441 VOTING[ 1442 EMPLOYMENT[ ] 443 HOUSING/

ACCOMMODATIONS[ 1445 AMERICANS WITH

DISABILITIES -

EMPLOYMENT

[ ]446 AMERICANSWITHDISABILITIES -OTHER

[ ] 448 EDUCATION

REAL PROPERTY

I 1210

220

230

240

245

[ ]290

LAND

CONDEMNATION

FORECLOSURE

RENT LEASE &

EJECTMENT

TORTS TO LAND

TORT PRODUCT

LIABILITY

ALL OTHER

REAL PROPERTY

Checkifdemanded in complaint:

CHECK IF THIS IS ACLASS ACTIONUNDER F.R.C.P. 23•

DEMAND $750,000 OTHER.

Check YES onlyifdemandedincomplaintJURY DEMAND: S YES LNO

NATURE OF SUIT

PERSONAL INJURY[ ] 367 HEALTHCARE/PHARMACEUTICAL PERSONAL Lj625 hRUG RELATEDINJURY/PRODUCT LIABILITY F r[ ] 365 PERSONAL INJURY

PRODUCT LIABILITY

[ ] 368 ASBESTOS PERSONALINJURY PRODUCT

LIABILITY

PERSONAL PROPERTY

[ 1370 OTHER FRAUD[ ] 371 TRUTH IN LENDING

[ j 380 OTHER PERSONALPROPERTY DAMAGE

[ ] 385 PROPERTY DAMAGEPRODUCT LIABILITY

PRISONER PETITIONS

[ I 463 ALIEN DETAINEE[ ] 510 MOTIONS TO

VACATE SENTENCE

28 USC 2255

[ ] 530 HABEAS CORPUS[ ] 535 DEATH PENALTY[ j540 MANDAMUS &OTHER

PRISONER CIVIL RIGHTS

[ ] 550 CIVIL RIGHTS[ ] 555 PRISON CONDITION[ 1 560 CIVIL DETAINEE

CONDITIONS OF CONFINEMENT

FORFEITURE/PENALTY

SEIZURE OF PROPERTY

;i1 USC 881

[ ] 690 OTHER

=AIR LABOR

STANDARDS ACT

.ABOR/MGMT

RELATIONS

RAILWAY LABOR ACT

FAMILY MEDICAL

HCT (FMLA)

LABOR

: 1710

: 1720

; ]740

I 1 751LEAVE

790 pTHER LABORLITIGATION

1791 EMPL RET INCSECURITY ACT

IMMIGRATION

] 462 NATURALIZATIONAPPLICATION

] 465 CITHER IMMIGRATIONACTIONS

ACTIONS UNDER STATUTES

BANKRUPTCY OTHER STATUTES

1 1 375 FALSE CLAIMS( J400STATE[ ] 422 APPEAL

28 USC 158 REAPPORTIONMENT

[ ] 423 WITHDRAWAL [ ] 410 ANTITRUST28 USC 157 [ ] 430 BANKS & BANKING

[ ] 450 COMMERCE[ ] 460 DEPORTATION

PROPERTY RIGHTS [ ] 470 RACKETEER INFLUENCED & CORRUPT

\)i 820 COPYRIGHTS ORGANIZATION ACT

[ J 830 PATENT (RICO)[ ] 840 TRADEMARK [ J 480 CONSUMER CREDIT

[ 1490 CABLE/SATELLITE TV

SOCIAL SECURITY [ 1 850 SECURITIES/COMMODITIES/

1 J861 HIA(1395ff) EXCHANGE

[ ] 862 BLACK LUNG (923)[ ] 863 DIWC/DIWW (405(g))[ ] 864 SSID TITLE XVI[ ] 865 RSI (405(g)) [ 1890 OTHER STATUTORY

ACTIONS

[ 1 891 AGRICULTURAL ACTSFEDERAL TAX SUITS

[ J 870 TAXES (U.S. Plaintiff or [ 1893 ENVIRONMENTALDefendant) MATTERS

[ ] 871 IRS-THIRD PARTY t ] 895 FREEDOM OF26 USC 7609 INFORMATION ACT

[ ] 896 ARBITRATION

[ ] 899 ADMINISTRATIVE

PROCEDURE ACT/REVIEW OR

APPEAL OF AGENCY DECISION

[ 1950 CONSTITUTIONALITY OFSTATE STATUTES

CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?

DOCKET NUMBER

""HIS

JUDGE

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

(PLACEAN x INONEBOXONLY) ORIGIN

D 2 Removed from LI 3 Remanded LI 4 ReinstatedState Court from

["I a. .11 p.rti.srepresented Appellate•—' Court

I | b. At least oneparty is pro se.

(PLACEAN x INONEBOXONLY) BASIS OF

• 1 U.S. PLAINTIFF • 2 U.S. DEFENDANT [x] 3 FEDERAL QUESTION(U.S. NOT A PARTY)

H 1 OriginalProceeding Reopened

or [ I 5 Transferred from [~J 6 Multidistrict [~J 7 Appeal to District(Specify District) Litigation Judge from

Magistrate JudgeJudgment

JURISDICTION

Q4 DIVERSITYIF DIVERSITY,INDICATECITIZENSHIP BELOW.

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)(Place an [X] in one box for Plaintiff and one box for Defendant)

PTF DEF

CITIZEN OF THIS STATE [ ] 1 [ ] 1

CITIZEN OF ANOTHER STATE [ ] 2 [ ] 2

CITIZEN OR SUBJECT OF A

FOREIGN COUNTRY

PTF DEF

[]3[]3

[ ]4[ ]4

PTF DEF

INCORPORATED and PRINCIPAL PLACE [ ] 5 [ ] 5OF BUSINESS IN ANOTHER STATE

INCORPORATED or PRINCIPAL P|_ACEOF BUSINESS IN THIS STATE

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

Sydney Albertini18 GlenwayEast Hampton, New York(Suffolk County)

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

Benefit Cosmetics, LLC225 Bush St.

San Francisco, CA(San Francisco County)

DEFENDANT(S) ADDRESS UNKNOWNREPRESENTATION IS HEREBY MADE THAT, ATTHIS TIME, I HAVE Br$EN LfNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN

RESldENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

FOREIGN NATION

Checkone: THIS ACTION SHOULD BE ASSIGNED TO: • WHITE PLAINS [xj MANHATTAN(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTSCOMPLAINT.) .

DATE /^S^OH^^^et^UREOBA-rTe^EYpRaECORD

RECEIPT # " ^

]6

ADMITTED TO PRACTICE IN THIS DISTRICT

[ ] NOW YES (DATE ADMITTED Mo.1 Yr. 1993 )Attorney Bar Code # GC5898

Magistrate Judge isto be designated by the Clerk ofthe Objm&i^

Magistrate Judge

vn>avrOtf

is so Designated.

Ruby J. Krajick, Clerk of Court by. Deputy Clerk, DATED.

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

Clear Form Save Print

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

SYDNEY ALBERTINI,

Plaintiff,

14 CV 5?No.

ECF Case

COMPLAINT

BENEFIT COSMETICS, LLC, _Aa&0^juoG£ etv JURY TRIAL DEMANDED

Defendant.

Plaintiff Sydney Albertini, by and through her jandersigned attorneys, Clarick Gueron

Reisbaum LLP, for her complaint against defendant Benefit Cosmetics, LLC, alleges as follqvgs, c/>ui f:~i o

she witnessed, and on informaticrcv;and " °Z~~^r y —~n ——

belief as to all other matters

on knowledge as to herself, her own acts, and acts that

-o

Nature of the Actionr-o

1. This case arises from the brazen, im:enti|onaI infringement of an artist's

copyrighted work by a multimillion dollar cosmetics company, which used its infringing

imitations of the artist's original design to brand its worldwide business. Defendant Benefit

Cosmetics, LLC ("Benefit") unlawfully copied plaintiffSydney Albertini's original wallpaper

design and, without her permission, used it throughout its stores, its products, and its online

presence, both in the United States and—through its international affiliates—around the globe.

Albertini brings this action to stop Benefit's unlawful ctonduct and to seek redress for the harm it

has caused, including by seeking paymentof the damages she has suffered and disgorgement of

Benefit's ill-gained profits from its unauthorized, infringing use of her artwork.

on—iO

o

2. Sydney Albertini is a successful painter and sculptor, who from time to time has

created original wallpaper designs. In 2002, Albertini created her Southern Flowers wallpaper

design based upon the background of a portrait she: previously had painted. The Southern

Flowers wallpaper comprises a copyrighted, original design consisting of a repeat of graphically

rendered, black-outlined white flowers, with black and white stems, set against a unique shade of

pink. Albertini's design attracted the attention of Benefit, which purchased 120 rolls of

Albertini's Southern Flowers wallpaper to decorate two of its stores in 2006.

3. Benefit, obviously fond of Albertini's design, determined to reproduce it across

its stores—but refused to do so lawfully. At first, Benefit approached the legitimate sellerof the

wallpaper in an effort to buy more of it. Then, in 2011 (or perhaps earlier), Benefit abandoned

its efforts to purchase the wallpaper lawfully, and contacted an unrelated and unauthorized

wallpaper printer, asking it to copy Albertini's design. After that manufacturer refused, Benefit

found a willing accomplice. In the following years, Benefit produced wallpaper and images to

decorate dozens of its stores copying Albertini's original design—unmistakably mimicking the

total look and feel of her distinctive artwork and, in slightlydiffering versions of its imitations,

literallycopying flowers and stems from Albertini's design.

4. Benefit did not limit its infringement to wallpaper. Benefit wrapped itself in

Albertini's design and branded its business worldwide with herartwork, placing the infringing

design on an array of products and promotional materials, including makeup bags, scarves, water

bottles, tweezers, trays holding makeup for sale, andeven on the shopping bags it gave

customers purchasing Benefit products:

Elements from Southern Flowers Bene^ concession, Sephora, NYC

Stemfrom Southern Flowers Benefit "Primp Mobile ', NYC Benefit USshopping bag

5. Benefit's wholesale use of Albertini's oriiginal design in its own wallpaper and

infringement under 17 U.S.C. § 501, et seq.

g infringement, to recover hundreds of

as a result of Benefit's unlawful conduct,

[lions of dollars in profits that Benefit has

marketing materials amounts to intentional copyright

Albertini brings this action to stop Benefit's continjuin

thousands of dollars in damages that she has suffered

and for an award of disgorgement of potentially mi

reaped as a direct result of its infringement of Albejrtin

The Parties

j's designs.

individual6. Plaintiff Sydney Albertini is an indi

New York. Albertini is a successful artist working

sculpture, and mixed media. Albertini also has maile

Southern Flowers wallpaper design at issue in this

7. Defendant Benefit Cosmetics, LLC

its principal place of business located at 225 Bush

al residing at 18 Glenway, East Hampton,

in dn arrayof media, including painting,

original wallpaper designs, including the

action,

is a California limited liability company with

Street, San Francisco, California. Benefit is a

well-known cosmetics and skincare manufacturer ^ind beauty services provider with annual

revenue of tens of millions of dollars. Benefit opejrate[> stores and concession counters

throughout the United States, including two boutiques in New York City, at 454 West Broadway

and 1301 Third Avenue.

8. Benefit's international affiliates operate: "Benefif'-branded boutiques and

3|5concessions in more than 2,000 locations in over

affiliates include Benefit Cosmetics Ltd., Benefit

Hong Kong Limited, Benefit Cosmetics Ireland

Benefit Cosmetics SAS, Benefit Cosmetics Philiprj)

Inc., and Benefit Cosmetics South East Asia Pte

LVMH Moet Hennessy Louis Vuitton Inc., a Delajvaret

place of business located at 198 East 57th Street

Ltd

countries. Benefit's many international

(posrhetics Korea Limited, BenefitCosmetics

., Benefit Cosmetics Malaysia Sdn Bhd,

ines Inc., Benefit Cosmetics Services Canada

Ltd. On information and belief, Benefit directs

its international affiliates' branding and promotional efforts.

9. Benefit and its international affiliates aije direct and/or indirect subsidiaries of

New

registered corporation with its principal

York, New York.

Jurisdiction And Venue

10. This Court has federal question jurisdiction over this action pursuant to 28 U.S.C.

§ 1338.

11. This Court has personal jurisdiction

transacts business in New York City.

12. Venue is proper in this district pursuant to 28 U.S.C. § 1391 because the

defendant resides in this district under the statutory definitions.

ovdr the defendant because it regularly

Background Facts

2002: Sydney Albertini Creates the Original Southern Flowers Wallpaper Design

'•: en13. In 2002, Albertini painted a portrai

flowers," which included a distinctive and original bacjk

and-white flowers and leafy stems on asolid coloij fielld

14. After exhibiting selfon blue/white and

the painting's background would make an attractiv

Accordingly, Albertini created a wallpaper design bas^d

Southern Flowers.

titled "self on blue/white and black

ground of graphically rendered black-

blackflowers, Albertini determined that

and saleable—wallpaper design.

on that background, which she named

;e-

15. After creating the Southern Flower; wallpaper design, Albertini arranged for

StudioPrintworks, of Hoboken, NewJersey, to handprint the wallpaper in seven different

colorways, including in pink. The pink hue of the

direction ofAlbertini, specially for the Southern Flowers wallpaper.

16. TheSouthern Flowers design in its pirk colorway consists of a pattern of white

flowers and black leafy stems arranged against a pink background. The flowers are drawn with

graphic black outlines and are scattered across the background in varying sizes. The black leafy

stems appear in five variants. The leafmidribs of all five stems are outlined and highlighted in

white. Two ofthe five variants have solid black leaves; the other three variants have white leaf

veins. A copy of the Southern Flowers wallpaper design in the pink colorway is attached as

Exhibit A.

17. Each sheetof Southern Flowers wallpaper bears a conspicuous printed border

Albertini and is copyrighted. Albertini holds

pink colorway was developed for and at the

stating that the wallpaper was designed by Sydney

a registered copyright in the Southern Flowers design (with the pink colorway), Registration

No. VA0001898104. A copy of the registration certifcate is attached as Exhibit B

18. The Southern Flowers wallpaper- particularly in its pink colorway—has been

featured extensively in both interior design and general interest publications.

2006: Benefit Purchases Southern Flowers Wal paper

19. The Southern Flowers wallpaper plainly attracted Benefit's attention. In June

2006, Benefit bought sixty rolls of Southern Flowers wallpaper in the pink colorway. Benefit

bought another sixty rolls in August 2006. Benefit undeniably had access to Albertini's original

design.

20. Benefit told Studio Printworks that

to decorate two of its stores, in Chicago and San Francesco (where Benefit's corporate

headquarters is located and where Benefit's top ofriceijs became familiar with the Southern

Flowers design). On information and belief, Benefit in fact used the Southern Flowers wallpaper

to decorate those two stores.

21. Some time later, Benefit contacted Studio Printworks to discuss making a larger

the wallpaper it had purchased would be used

purchase of Southern Flowers wallpaper. Benefit, hovyever, abandoned its effort to make

further, lawful purchases of Southern Flowers. Instead, Benefit embarked on a plan to make its

own wallpaper by unlawfully imitating Albertini's

2011: Benefit Seeks To Copy Southern Flowers

original, copyrighted design.

22. In approximately June 2011, Benefit coitacted a wallpaper designer and printer in

California and asked it to create an imitation of Albertini's Southern Flowers design.

23. Benefit emailed the printer a digital photograph of a room papered in Southern

Flowers wallpaper in the pink colorway and mailed the^ printer apiece ofAlbertini's original

wallpaper, with anote from aBenefit employee that reitd: "Here is aphysical sample of the

paper I am trying to improve on." Notably, Benefit

copyrighted design; rather, it intended to change

apparently concerned about its durability and the

The Benefit employee explained: "As we discussetd

commercial use, be washable and preferably not s

24. Benefit also emailed the printer an

noting that the file "is not the art from which this

was produced, but is probably a good start."

25. Benefit asked the printer to match

and mailed it a pink paint chip for comparison, notjin

for us."

it had no intention of "improving" upon the

physical quality of the paper only,

fjresh^-paint smell of handprinted wallpaper,

need material that will withstand

the

26. While this printer did not print wallbap^r

plan to steal Albertini's design. Ultimately, Benefit

aid and assist its effort to copy and infringe Albertini's

Benefit Infringes the Southern Flowers Design

to27. Following its failed effort in 2011

Benefit remained determined to proceed, did in facjt

its infringing designs to brand its business in every

28. Benefit has produced and used desi

copyright throughout its stores on wallpaper, on

its online marketing, and even on shopping bags it

designs copy the total look and feel of Albertini's

and-white pattern of flowers and leafy stems on a

,1

mell so much when new."

image file that imitated Southern Flowers,

actual sample [of Southern Flowers wallpaper]

tie pink hue of the Southern Flowers colorway

that the pink "is a crucial branding color

for Benefit, Benefit was persistent in its

fobnd other printers and manufacturers to

original design.

produce wallpaper copying Albertini's work,

produce infringing wallpaper, and then used

possible way.

ns that infringe Albertini's Southern Flowers

cjtional products and products for sale, in

provides its customers. All of Benefit's

Southern Flowers, featuring a graphic black-

pink background. Like Southern Flowers, all

prom

of the flowers are graphically rendered and feature: wh^ite petals with black outlines; some stems

feature white leaf veins while others have solid black leeaves:

Southern Flowers Benefit store, {JoHo\, NYC

29. In some instances, Benefit's designj* also exactly copy elements from Albertini's

Southern Flowers, including flowers:

&

Benefit US Twitterfeed

Elementsfrom Southern Flowers Benefit concession, Sephora, Brooklyn

and stems:

t:\/'•^V

^

Stemfrom Southern Flowers Benefit "Primp Mobile ", NYC Benefit US website

ers30. Benefit's copies of Southern Flow-

boutiques throughout the United States and even i

promotional "primp mobile" in New York City

concessions in Sephora makeup boutiques and lard

31. Benefit also has decorated its

iappear on wallpaper displayed in Benefit

Benefit's highly successful and visible,

also appear on shelving units in Benefit's

e department stores.

offices with both wallpaper and other

Southern Flowers.

in

They

corporate

items such as fabric and cushion covers that imitate

32. Benefit has extended its copies of Souther

through its U.S. stores, concessions, and website, ihclutlin

tweezers.

n Flowers to products sold to customers

g water bottles, makeup bags, and

33. Benefit has used its infringements to decorate promotional items given away to

customers and, in fact, prominently displays an infringing imitation on papershopping bags

routinely provided to its customers:

9

Stemfrom Southern Flowers Stem from Benefit US shopping bag

34. And, Benefit has copied and displayed Jts infringing images in ubiquitous fashion

on the Internet. Benefit has decorated its website, Facebook page, Instagram account, Twitter

feeds, and YouTube channel with digital imitation:; of Southern Flowers. Through those

websites, it has copied and disseminated photograpihs and videos featuring its physical imitations

of Albertini's design.

35. In sum, Benefit has made its imitatibns

Southern Flowers design an integral part of its U.S.

successful effort to increase its revenue and profits.

Infringements by Benefit's International Affiliates

of Albertini's original, copyrighted

. branding and promotional efforts, all in a

36. The same holds true around the globe, benefit provided its imitations ofSouthern

Flowers to its international affiliates, spreading its

information and belief, Benefit directs and/or supports

efforts.

infringements around the world, where, on

its affiliates' marketing and promotional

37. Benefit's imitations of Southern

merchandise in Benefit-branded stores and

Flowver s appear on wallpaper, shelving units, and

worldwide, in countries including

Australia, Brazil, China, England, France, Indonesia, It|aly, Malaysia, Mexico, the Netherlands,

concessions

10

SpainNew Zealand, the Philippines, Poland, Russia,

stores and concessions are operated by Benefit's i

belief, all of Benefit's international affiliates' uses

Benefit's provision, direction, and/or approval of s

38. The infringing designs Benefit's

identical or virtually identical to the infringing des

Like the designs Benefit has used in the United States

affiliates copy the total look and feel of Southern

pattern of flowers and leafy stems on an identical pjink

hailand, Turkey, and Vietnam. These

iriteriiational affiliates. On information and

of

sjuch

trie infringing designs are the result of

infringing designs and uses,

international affiliates have used either are

igns

Flow

11

Benefit has used in the United States,

those used by Benefit's international

ers, featuring a graphic black-and-white

background.

39. Like the Benefit US designs, the intern&ti

individual flowers and stems from Albertini's Soulherh

^\Southern Flowers Makeup bag sold by

Cosmetics,

ioiial infringements also exactly copy

Flowers:

BenefitChina

Wallpaper in Benefit store,Malaysia

facebook

Benefit Cosmetics Vietnam's Photos

Facebookfeedfor Benefit Fabric hung in tfenefit store,Cosmetics Vietnam Russist.i

Construction walls for newBenefit store, Hong Kong

40. Like Benefit itself, Benefit's international affiliates have used Benefit'sdesigns

thatcopySouthern Flowers on cushions, fabrics, nbtecards, shopping bags, and promotional

makeup bags.

41. Benefit's international affiliates have sold and continue to sell products decorated

with designs that copySouthern Flowers, including makeup bags, hand mirrors, and tweezers.

42. Benefit's international affiliates use digital imitations of Southern Flowers on

their websites andas the background images for their Twitter feeds, and regularly post

12

photographs and videos to their Twitter, Facebook

Southern Flowers.

, and Instagram feeds that feature the copies of

43. In sum, Benefit, through its affiliate

Albertini's original, copyrighted artwork as an integral part ofits worldwide branding—and has

used such branding in a successful effort to increase its revenue and profits.

2013: Albertini Discovers the Infringements

44. Albertini was first alerted to Benefit's infringements on her copyright on

December 2, 2013, when she was contactedby an

in a store and immediately recognized their striking

Albertini then discovered hundreds ofonline images ofBenefit's widespread infringing use of

her copyrighted design. She immediately contacted Benefit, but was informed—falsely—that

Benefit had independently developed the designs that adorn its wallpaper, its products, and its

marketing and promotional efforts.

FIRST CAUSE OF ACTION

s, has used its copies and imitations of

acquaintance who had seen Benefit's designs

g similarity to Albertini's Southern Flowers.

Copyright Infringement (7 U.

45. Albertini repeats and realleges the allege

44 as if fully set forth herein.

46. Albertini holds avalid, registered copyright to the Southern Flowers wallpaper

design in the pink colorway.

47. The Southern Flowers design is an j)rigjnal design warranting protection under

the Copyright Act.

48. Benefit knew or should have known that Southern Flowers was an original design

to which Benefit did not own the copyright.

S.C. § 501, et seq.)

ktions contained in Paragraphs 1through

13

49. Benefit intentionally copied the Southern Flowers wallpaper design in its pink

colorway.

50. Benefit used andcontinues to use its copies and imitations of Southern Flowers in

its stores and marketing materials, on its websitesj on promotional products, and on products for

sale. Benefit has used its imitations so widely that they have become an integral part ofBenefit's

branding scheme.

51. Benefit's copies and imitations deli berately and closely copy the total look and

feel ofAlbertini's Southern Flowers. An ordinary observer would—and, indeed, did—recognize

Benefit's copies as having been appropriated from Southern Flowers.

52. As a result ofBenefit's widespread and willful infringements of her copyright,

Albertini has suffered damages of no less than $750,000.

53. As aresult of Benefit's infringements Of her copyright, Albertini also is entitled to

an award in the amount of all of Benefit's profits attributable to the infringements.

SECOND CAUS OF ACTION»

Infringement

;ations contained in Paragraphs 1 through

Contributory Copyright

54. Albertini repeats and realleges the allege

53 as if fully set forth herein.

55. Benefit's initial unlawful copying of Southern Flowers within the United States

was apredicate act that led to Benefit's international affiliates' infringements on Albertini's

copyright.

56. Benefit willfully and knowingly induced, caused, or materially contributed to its

international affiliates' use, production, and/or creation1 of materials that deliberately and closely

copy the total look and feel of Albertini's Southern Flowers. An ordinary observer would

recognize these copies as having been appropriated fro|n Southern Flowers.

14

Albertini hereby requests a trial by jury on

57. Benefit is therefore jointly and several y liable for the damages caused by its

international affiliates' infringements on Albertini's copyright.

58. As a result of the international infr: ngements of her copyright, Albertini has

suffered damages of no less than $750,000.

59. As a result of the international infringebents of hercopyright, Albertini also is

entitled to a damages award in the amount of all of Benefit's and its international affiliates'

profits attributable to the international infringements.

JURY TRIAL DEMAND

all claims so triable.

PRAYER FOR RELIEF

WHEREFORE, Albertini respectfully requests

A. Ruling that Benefit has willfully infnn$

Flowers;

a judgment against Benefit as follows:

ed upon Albertini's copyright in Southern

B. Awarding injunctive reliefrequiring that Benefit immediately cease anddesist

infringing upon and instructing, assisting, or encoi|rag|ng its international affiliates to infringe

upon Albertini's copyright in Southern Flowers;

C. Awarding Albertini actual damages

less than $750,000;

D. Awarding Albertini disgorgement Of Benefit's profits attributable to its

infringements within the United States, in an amoijnt to be determined at trial;

E. Awarding Albertini damages in the amckint of Benefit's international affiliates'

profits attributable to the international infringements, iji an amount to be determined at trial;

i

in ail amount to be determined at trial, but no

15

F. For prejudgment and post-judgment interest

G. For such other relief as the Court deemk

Dated: July 28, 2014New York, New York

16

st; and

just and proper.

C LARICK GUERON REISBAUM LLP

Clarick

Nicole Gueron

220 Fifth Avenue, 14th floorNew York, NY 10001

Phone: (212)633-4310Fax: (646)478-9484

Attorneysfor Plaintiff SydneyAlbertini

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EXHIBIT B

Certificate of Registration

STAT*. This Certificate issued under the seal of the

Office in accordance with title 17, UnitedStagesattests that registration has been made foridentified below. The information on this

been made a part of the CopyrightOffice records.

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certificate has

RegisterofCopyrights,United States of America

Registration Number

VA 1-898-104Effective date of

registration:

March 24,2014

TitleTitle ofWork: Southern Flowers

Completion/Publication

Author

Year of Completion: 2002

Date of 1st Publication: March 31,2002

• Author: Sydney Albertini

Author Created: 2-D artwork

Citizen of: United States

Copyright claimantCopyright Claimant: Sydney Albertini

18Glenway, East Hampton.

Certification

Name: Thomas Walsh

Date: March 20,2014

Nation of 1st Publication: United States

Domiciled in: United States

NY, 11937, United States

Page 1 of 1

Registrations: VA0001898104

Service Request #: 1-1294407461

MontaguLawThomas Walsh

1120 Avenue of the Americas

4th Fl

New York, NY 10036 United States