george nelson foundation v. modernica - complaint

7/28/2019 George Nelson Foundation v. Modernica - Complaint

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Case 1:13-cv-03427-AT Document 1 Filed 05/21/13 Page 1 of 16JUDGE 10RRESUNITED STATES DISTICT COURTSOUTHERN DISTRICT OF NEW YORKTHE GEORGE NELSON FOUNDATION,

Plaintiff,v.

MODERNICA, INC.,Defendant.

Jury Trial

against Defendant Modernica, Inc. ("Modernica"), alleges as follows:NATURE OF ACTION

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1. The Foundation seeks injunctive relief and damages for acts of trademarkinfringement, false designation of origin, unfair competition, and unfair and deceptive tradepractices engaged in by Modernica in violation of the laws of the United States and the State ofNew York. In addition, The Foundation seeks cancellation of Modernica's federal trademarkregistrations, U.S. Registration Nos. 3,733,895; 3,939,484; 3,939,483 and 3,823,800 pursuant to15 U.S.C. 1119 and 15 U.S.C. 1064.

JURISDICTION AND VENUE2. This Court has jurisdiction over this matter pursuant to 28 U.S.C. 1331, 1338(a)

and (b), and 1367.3. The Foundation 's claims are predicated upon the Trademark Act of 1946, as

amended, 15 U.S. C. 105 1 et seq., and substantial and related claims under the statutory andcommon law of the State ofNew York.

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Case 1:13-cv-03427-AT Document 1 Filed 05/21/13 Page 2 of 16

4. Venue is properly founded in this judicial district pursuant to 28 U.S.C. 1391(b)and (c) because Modemica is subject to personal jurisdiction within this judicial district and/orbecause a substantial part of the events giving rise to the claim occurred within this judicialdistrict.

THE PARTIES5. The Foundation is a nonprofit Michigan corporation with its principal place of

business in New York, New York.6. Defendant Modernica, Inc. is a California Corporation having a place of business

located at 2118 E 7th Place, Los Angeles, California 90021.BACKGROUND

GEORGE NELSON, THE FAMOUS DESIGNER7. George Nelson was a famous American industrial designer and one of the

founding fathers of American Modernism. Beginning in the 1940's through the 1980's, GeorgeNelson created many of the 20th century' s most iconic modern furniture, including benches,

cabinets, sofas (e.g., the "Marslunallow sofa"), chairs, settees, bedroom pieces, wall and tableclocks, tables, lamps, wrought iron fireplace pieces and tools, planters, room dividers, and theAction Office (a precursor to the modern office cubicle). Each of these products prominentlyfeatured the GEORGE NELSON name, on, among other things, their labels, promotionalmaterials, catalogs, advertisements and packaging. The Foundation maintains a list of Mr.Nelson's works at http://www.georgenelsonfoundation.org/george-nelson/index.html#featured.A true and correct copy of a partial list ofMr. Nelson's featured works from The Foundation'swebsite is attached hereto as Exhibit A.

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8. Among George Nelson's most widely-recognized designs are his iconic "BubbleLamps," which he designed in 1952. This line of lamps comes in a variety of distinctive shapes,which were constructed by spraying a highly-innovative plastic coating over a steel wire frame.The sophisticated design and unique materials used in the Bubble Lamps cause them to emit asoft, diffused light, which has become a signature trait of the George Nelson Bubble Lamps. Atrue and correct copy of the George Nelson Bubble Lamp page and an excerpt from the Lightingpage from The Foundation's website is attached hereto as Exhibit B.

9. In 1949, George Nelson designed another innovative lamp known as the "HalfNelson." The lamp uses an angled shade to diffuse light. A true and correct copy of the GeorgeNelson HalfNelson Lamp page from The Foundation's website is attached hereto as Exhibit C.

10. George Nelson's extraordinary achievements in furniture design earned himcountless awards and other acclaim, including, but not limited to the following awards: LifetimeAchievement Award, American Institute of Graphic Arts ( 1991 ); Scholar in Residence,Smithsonian Institute National Museum of Design (1984); Chairman, International DesignConference in Aspen (1965 and 1982); Good Design Award, Museum of Modem Art (1954);Trailblazer Award, National Home Furnishings League (1954); Best Office of the Year, NewYork Times (1953); Gold Medal, Art Directors Club ofNew York (1953); and Prix de Rome forarchitecture (1932).

11. George Nelson also authored and co-authored numerous books on ModemAmerican design, including Tomorrow's House (1945), Living Spaces (1952), Chairs andDisplay (1953), Storage (1954), Problems with Design (1957), How to See: Visual Adventures ina World God Never Made (1977), and George Nelson on Design (1979) . George Nelson hasalso been the subject of many books, including George Nelson: Architect /Writer I Designer I

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Teacher (2009), George Nelson (2003), and George Nelson: The Design of Modem Design(2000).

THE NELSON MARKS AND THE FOUNDATION

12. During his lifetime, George Nelson developed enormous goodwill in his nameand brands GEORGE NELSON and NELSON (the "NELSON Marks") as used in connectionwith his designs for modem furniture, goods, and accessories. The extensive publicity, awardsand recognition George Nelson received for his designs, which were promoted, offered and soldunder the NELSON Marks caused these marks to achieve national fame, which continues today.Indeed, George Nelson's designs are currently featured in the permanent collections of theMetropolitan Museum of Art, the Museum of Modem Art, the Brooklyn Museum of Art, thePhiladelphia Museum ofArt, and the Vitra Design Museum.

13. George Nelson died in 1986 in New York City, where he had been residing.Upon his death, all ofhis intellectual property, including the Nelson Marks, was inherited by hiswidow Jacqueline Nelson, who resides in New York. Through Ms. Nelson's efforts, and thelicenses she has granted, many of George Nelson's original designs have been continuously soldin the United States under the NELSON Marks since 1947. Therefore, the goodwill and fameassociated with the NELSON Marks has been continuous.

14. In January 2013, Ms. Nelson assigned to The Foundation all ofher rights, interestand title in and to the NELSON Marks, as well as other related intellectual property. TheFoundation continues to license the NELSON Marks in connection with George Nelson'sdesigns, and serves to preserve and protect George Nelson's important legacy and the goodwillassociated with the NELSON Marks.

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MODERNICA'S INTENTIONAL INFRINGMENT OF THE NELSON MARKSAND DECEPTIVE BUSINESS PRACTICES15. Defendant Modernica makes, offers, and sells modern style furniture.16. Without authorization from The Foundation, or The Foundation's predecessors-

in-interest, Modernica has been using the marks GEORGE NELSON and NELSON inconnection with a line of "GEORGE NELSON BUBBLE LAMPS" and a "HALF NELSON"table lamp, which Modemica is making, promoting and selling (the "Infringing Lamps").

17. The Infringing Lamps are identical in appearance to lamps designed by the lateGeorge Nelson decades earlier.

18 . Modernica's actual knowledge of George Nelson and his lamp designs is evidentfrom the extensive discussion of George Nelson on Modernica's website, located atwww.modernica.net (the "Modernica website").

19. Modernica deceivingly states on the Modernica website that "Modernica is theofficial site for the George Nelson Bubble Lamp Collection." See Exhibit D. Modernica alsotouts a "Half-Nelson'' Table Lamp, which it recently began selling, as "a magnum opus from theinnovative George Nelson Office" and a "defmitive example of George Nelson's visionarydesign." See Exhibit E. Yet Modernica holds no license from The Foundation and has neithersought nor obtained permission from Mr. Nelson, his heirs, or the Foundation to use theNELSON Marks or sell the Infringing Lamps.

20. The Infringing Lamps are sold in New York and throughout the United States onModemica's website. The Infringing Lamps, which are falsely advertised and promoted asauthorized George Nelson lamps, are also sold on third-party websites and retail stores next tolicensed products. Modernica's marketing of the Infringing Lamps as authorized products has

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caused actual confusion in the marketplace and among retailers which hold themselves out asselling only licensed, authorized products from famous designers.

21. Additionally, Modernica fraudulently obtained from the United States Patent andTrademark Office (USPTO) federal registrations for marks comprised of GEORGE NELSON(U.S. Registration No. 3,733,895), NELSON (U.S. Registration 3,823,800) and George Nelson'sfamous Bubble Lamp designs (U.S. Registration Nos. 3,939,484 and 3,939,483) (collectively,the "Modernica Registrations").

22. In responding to a USPTO office action concerning the application that resulted inRegistration No. 3,939,484, Modernica deceivingly stated that its mark "has enjoyed substantialrenown due to its provenance as a product designed by the famous, innovative and highlyregarded designer George Nelson."

23. Prior to filing this Complaint, counsel for The Foundation and its predecessor-in-interest, Jacqueline Nelson, contacted counsel for Modemica and requested that Modernicaimmediately cease use of the NELSON Marks in connection with the Infringing Lamps, and thatModernica relinquish the Modemica Registrations. Modemica has refused to do so.

24. Further, The Foundation and Jacqueline Nelson recently filed notices ofopposition against two other trademark applications filed by Modernica. The applications soughtregistration of the marks GEORGE NELSON and NELSON in connection with fireplace tools-another one of George Nelson's popular designs (the "Applications"). Modemica eventuallyabandoned the Applications with prejudice when challenged by The Foundation.

FIRST CLAIM FOR RELIEFTRADEMARK INFRINGEMENT (15 U.S.C. 1125(a))

25. The allegations set forth in paragraphs I through 23 hereof are adopted and

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incorporated by reference as if fully set forth herein.26. The Foundation is the owner of the NELSON Marks, which are valid and

protectable under common law.27. The NELSON Marks have been used, continuously, in interstate commerce since

1947 in connection with furniture and other goods.28. By its acts alleged herein, Modemica has infringed, and continues to infringe, the

NELSON Marks, in violation of 15 U.S.C. 1125(a).29. Modernica's unauthorized use of the NELSON Marks in connection with the

Infringing Lamps has caused and is likely to continue to cause confusion, mistake, and deceptionamong the general consuming public and trade as to whether the Infringing Lamps originatefrom, or are affiliated with, sponsored by, or endorsed by The Foundation.

30. Modernica's unlawful actions have been entirely without consent of TheFoundation or The Foundation's predecessors-in-interest, and have caused and are likely tocontinue to cause severe damage to The Foundation.

31. Modernica has been and/or is using the NELSON Marks with full knowledge ofand/or willful disregard for The Foundation's rights in the NELSON Marks.

32. Modernica's conduct is willful, wanton, fraudulent, and malicious, and isundertaken with an intent to reap the benefit of the goodwill signified by the NELSON Marks.

33. Modernica's acts have damaged and will continue to damage The Foundation inthat, among other things, Modernica's acts are undermining the Foundation's mission, harmingthe goodwill enjoyed by the NELSON Marks, and depriving The Foundation and Nelson's heirsfrom royalties to which they are rightfully entitled. The Foundation has no adequate remedy atlaw.

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SECOND CLAIM FOR RELIEFFALSE DESIGNATION OF ORIGIN

34. The allegations set forth in preceding and succeeding paragraphs are adopted andincorporated by reference as if fully set forth herein.

35. Modernica's use of the marks GEORGE NELSON and NELSON in connectionwith the Infringing Lamps, along with its advertising that "Modernica is the official site for theGeorge Nelson Bubble Lamp Collection" is likely to cause consumers, the public, and the tradeto purchase Modernica's products believing that The Foundation is the source of such products,or that there is some association between The Foundation and Modernica, or that The Foundationhas sponsored or authorized Modernica's aforementioned activities.

36. As a result of the foregoing, Modemica has falsely designated the origin of theModernica Lamps in violation of 15 U.S.C. 1 125 (a).

37. Upon information and belief, Modernica's aforementioned acts were undertakenin bad faith and with knowledge of The Foundation's rights in the GEORGE NELSON andNELSON marks, used in connection with the Infringing Lamps.

38. Upon information and belief, Modernica intends to continue its willful acts, and toact in bad faith, unless restrained by this Court.

39. Modernica's acts have damaged and will continue to damage The Foundation, andThe Foundation has no adequate remedy at law.

THIRD CLAIM FOR RELIEFTRADEMARK DILUTION


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41 . The NELSON Marks are distinctive and famous. The NELSON Marks have beenused continuously in the United States for over 60 years by The Foundation, its predecessors-ininterest, and authorized licensees. The goods offered under the NELSON Marks have garneredhundreds of millions of dollars in sales. The goods offered under the NELSON Marks are thesubject of several awards, articles, books, and museum exhibits. As a result, the consumingpublic and trade have come to associate the NELSON marks uniquely and distinctly with TheFoundation and its predecessors-in-interest.

42. Subsequent to the NELSON Marks having become famous, Modernica beganusing the identical marks GEORGE NELSON and NELSON in connection with the InfringingLamps. Modemica's use of the NELSON Marks is likely to cause brand conscious consumersto lose interest in the NELSON Marks as they encounter the use of the NELSON Marks on theModemica website, on third-party websites, and in retail stores in connection with the sale of theInfringing Lamps.

43. The aforementioned acts of Modernica have caused and are likely to continue tocause dilution of the NELSON Marks in violation of 15 U.S.C. 1125(c).

44. Upon information and belief, Modemica willfully intended to cause dilution ofthe NELSON Marks as aforesaid.

45. Upon information and belief, Modemica intends to continue its willful acts, andwill continue to act in bad faith, unless restrained by this Court.

46. Modemica's acts have damaged and will continue to damage The Foundation, andThe Foundation has no adequate remedy at law.

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FOURTH CLAIM FOR RELIEFCOMMON LAW TRADEMARK INFRINGEMENT


48. The conduct of Modernica as described herein constitutes common law trademarkinfringement under the common law of the State ofNew York.


FIFTH CLAIM FOR RELIEFCOMMON LAW UNFAIR COMPETITION


51. The conduct of Modernica as described herein constitutes common law unfaircompetition with The Foundation under the common law of he State ofNew York.


SIXTH CLAIM FOR RELIEFNEW YORK GENERAL BUSINESS LAW 349


54. Through the deceptive acts described herein, Modemica has engaged in consumeroriented conduct that has affected the public interest of New York and has resulted in injury toconsumers and harm to the public in the State of New York, in particular, the payment by

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consumers of prices as high as $1,395.00 for lamps that are purportedly "official" George Nelsondesigns, but in fact are unauthorized copies.

55. Modemica's acts and practices have deceived or have a tendency to deceive amaterial segment of the public to which Modernica has directed its marketing activities, and TheFoundation has been injured thereby.

56. Upon information and belief, Modemica has willfully engaged in deceptive actsor practices in the conduct of its business, in bad faith, in violation of 349 of the GeneralBusiness Law of the State ofNew York.


SEVENTH CLAIM FOR RELIEFNEW YORK GENERAL BUSINESS LAW 360-1


59. The Foundation has strong trademark rights in the GEORGE NELSON andNELSON marks, used in connection with the Infringing Lamps, which trademark rights arecapable of being diluted.

60. Modernica's activities as alleged above have created and continue to create alikelihood of injury to The Foundation's image and reputation for the provision and sale ofauthentic goods, and to dilute the distinctive quality of the NELSON Marks and all rights heldthereunder, in violation of 360-1 of the General Business Law of the State of New York.

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61. Upon information and belief, Modernica has willfully engaged in deceptive actsor practices in the conduct of its business in violation of 360-l of the General Business Law ofthe State ofNew York.

62. Modemica's acts have damaged and will continue to damage The Foundation, andThe Foundation has no adequate remedy at law.

EIGTH CLAIM FOR RELIEFCANCELLATION OF THE MODERNICA REGISTRATIONS


64. The Modemica Registrations are less than five years old.65. As a first and independent ground for cancellation of the Modernica Registrations,

the Modemica Registrations were granted improperly because the purported marks shown in theregistrations disparage and/or falsely suggest a connection with a dead person-George Nelson,which may bring his legacy and brand into contempt or disrepute. 15 U.S.C. 1052(a),1064(1).

66. As a second and independent ground for cancellation of the ModemicaRegistrations, the Modernica Registrations were granted improperly because the purported marksshown in the registrations are likely to cause confusion with and/or dilution to the NELSONMarks, owned by The Foundation, and The Foundation's rights in the NELSON Marks predateModemica's first use of the marks shown in the Modernica Registrations. 15 U.S.C. 1052(d),1064(1).

67. As a third and independent ground for cancellation of the ModemicaRegistrations, the Modernica Registrations were obtained by fraud. Specifically, Modemica had

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actual knowledge of George Nelson and his distinctive bubble lamp and Half Nelson designs atthe time it filed the applications that resulted in the Modernica Registrations. Yet, in eachapplication leading to the Modernica Registrations, Applicant and/or its authorizedrepresentative signed declarations falsely stating that Modernica:

is the owner of the trademark/service mark sought to be registered . . . [and] to thebest of his/her knowledge and belief no other person, firm, corporation, orassociation has the right to use the mark in commerce, either in the identical formthereof or in such near resemblance thereto as to be likely, when used on or inconnection with the goods/services of such other person, to cause confusion, or tocause mistake, or to deceive . . . . (the "Declarations").68. The Declaration also expressly provides that "willful false statements, and the

like, may jeopardize the validity of the application or any resulting registration."69. Modemica could not have truthfully believed, at the time it (and/or its authorized

representative) signed the Declarations, that it had the right to use the names GEORGENELSON or NELSON in connection with "Electric lamps" or the right to use the distinctivelamps designs George Nelson created. To the contrary, Modemica's use of such names anddesigns was completely unauthorized. In making this false declaration to the USPTO,Modernica intended to deceive the USPTO and intended to procure registrations to which it wasnot entitled. 15 U.S.C. 1064(3).

70. In view of The Foundation's allegations above, including with regard to itsownership of the NELSON Marks, The Foundation believes that it is or will be damaged by thecontinued registration of the Modemica Registrations, U.S. Registration Nos. 3,733,895;3,939,484; 3,939,483 and 3,823,800.

71. This Court has the power and authority to cancel U.S. Registration Nos.3,733,895; 3,939,484; 3,939,483 and 3,823,800 under 15 U.S.C. 1119.

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PRAYER FOR RELIEFWHEREFORE, The Foundation hereby prays for judgment against Modernica as

follows:

1. Modernica and its officers, directors, agents, servants, employees, attorneys andthose persons in active concert or participation or otherwise in privity with them, or any of them,be preliminarily and permanently enjoined from using in any manner the aforesaid NELSONMarks and variations thereof, or any other name, term, phrase, mark, design, device or symbolwhich so resembles or is similar to the NELSON Marks, so as to be likely to cause confusion,mistake or deception as to source, origin, sponsorship, approval, affiliation or the like;

2. Modernica deliver up for destruction all products, labels, signs, prints, packages,wrappers, receptacles, advertisements or other materials in its possession, custody or control, andin the possession, custody or control of those in active concert or participation or otherwise inprivity with it, which display or contain the NELSON Marks, or variations thereof, or whichconstitute and/or bear any other device, representation or statement in violation of the injunctionherein requested by The Foundation, and that Modernica be ordered to deliver up for destructionall plates, molds, matrices and other means ofmaking the same;

3. Modernica file with the Court and serve upon The Foundation, within thirty (30)days after service upon Modemica of this Court's injunction issued in this action, a written

report, signed under oath, setting forth in detail the manner and form in which Modernica hascomplied with such injunction;

4. Ordering the cancellation of U.S. Trademark Registration Nos. 3,733,895;3,939,484; 3,939,483 and 3,823,800;

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5. Directing an accounting be made by Modernica to The Foundation of all profits,income receipts, gains and advantages derived by Modernica from its acts of infringement andother unlawful conduct, and for such sum in addition thereto as the Court shall find just;

6. Awarding The Foundation its damages arising out of Modemica's infringementand other unlawful acts, together with an amount which is three times the amount found as actualdamages, pursuant to 15 U.S.C. 1117;

7. Awarding The Foundation an amount of money sufficient to undertake correctiveadvertising;

8. Awarding The Foundation punitive damages based on Modemica's willful,wanton and intentional conduct;

9. Awarding The Foundation its costs and disbursements, including reasonableattorneys' fees; and

10. Awarding The Foundation such other and further relief as to the Court may seemjust and proper.

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May 21,2013 THE GEORGE NELSON FOUNDATION

By it!!!r 5 )KATIEN MUCHIN ROSENMAN LL P575 Madison AvenueNew York, New York 10022-2585Tel. (212) 940-8698Fax. (212) 940-8987William J.DorseyCarolyn M. PassenKATTEN MUCHIN ROSENMAN LLP525 West Momoe StreetChicago, illinois 60661-3693Tel. (312) 902-5200Fax. (312) 902-1061Attorneysfor Plaintiff

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Case 1:13-cv-03427-AT Document 1-1 Filed 05/21/13 Page 1 of 13

EXHIBIT A


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Case 1:13-cv-03427-AT Document 1-1 Filed 05/21/13 Page 2 of 13Nelson :Geo rge Nelson roundation

ge

ARCHITECTUREWRITINGFURNITUREGRAPHIC DESIGNINTERIORSOFFICE SYSTEMSLIGHTING

CLOCKSELECTRONICEQUIPMENTEXHIBITIONSACCESSORIESFILMALL WORKSWORKS BY DECADE

GEORGE NELSON NEWS + EVENTS

Featured

Marshmallow Sofa, 1956

o r g e n e n d a t i o n o r g / g c o n c l s o n n l # f e a t S/2012013 3:15:36 PM]

M1ss1oN PARTNERSHIPs+ suPPoRT coNTAcT I


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Case 1:13-cv-03427-AT Document 1-1 Filed 05/21/13 Page 3 of 13Nelson : George Nelson Foundation

Storagewall. 1944 Swaged Leg Chair. 1954

Kirkpatrick House, Kalamazoo, Mich igan, 1955-56

" ' ' ~ J ! e o r e n c l s o n f o u n d a t i o n o r g / g e o r g c - n c l i n d c x h t m l f e a t u r e d ( 5/2012013 3: I5:36 PM]


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Case 1:13-cv-03427-AT Document 1-1 Filed 05/21/13 Page 4 of 13: George Nelson Foundation

2261 (Plywood I Sunflower Clock) 1958

A Problem of Design How To :(il l People 1960

"Design is a process: one starts with a need,a problem, and ends up with a design for a thing.The basic rules are not (!Omplkated: a designedobje(!t laos to do what it was made for."

Bubble lamps, 1952

World's Fair, New York 1964

:l/www.g.corg.enclsonfoundation.org/george-nelson/indcx html/lfcatured[S/20/20 13 3:15:36 PM)


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Case 1:13-cv-03427-AT Document 1-1 Filed 05/21/13 Page 5 of 13Nelson George Nelson Foundation

'ioliday House, Quogue. New 1950

g ~ - o r g c n c l s o n f o u n d a r i o n o r g / ! ! e o r g e - n e l s o n l i n d e . x h1ml#fea1urcd[ 5!20120 13 3: 15:36 PM J


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Case 1:13-cv-03427-AT Document 1-1 Filed 05/21/13 Page 6 of 13Nelson : Georg.e NeiS


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Case 1:13-cv-03427-AT Document 1-1 Filed 05/21/13 Page 7 of 13ge Nelson : Geo rge Nelson Foundation~ - - - - - - - - - - - - - - - - - - - - - - ~ - - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - - - - - - - -

Comprehensive Storage System (CSS). 1957

""ldea.Uy-.design is makittfl aproduct look what it is."

://www.gcorg.cnclsonfoundation.org/george-nelsonlindex.htmlltfcatured[5/20/20 13 3: 15:36 PM]

I\


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Case 1:13-cv-03427-AT Document 1-1 Filed 05/21/13 Page 8 of 13Nelson : George Nelson Founda1ion

Birdhouses, 1954

laminated Chair (Pretzel Chair), 1952

Expe'ime nta L.lnuse 1951

://ww" gcorgenelsonfoundanon o'1lfttcorge-nelsonlindex.luml #featured(512012013 315:36 PMl


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Case 1:13-cv-03427-AT Document 1-1 Filed 05/21/13 Page 9 of 13Ne lson : George Nelson Foundation

Rosewood Case Series, 1952

Coconut Chair with Ottoman, 1955

f/www.georgenelsonfoundation .org/gcorge-nelson/index.hnnl#fcaturcd[ 5/20/20 I3 3:15:36 PM)

How to See Visual Adventures in a World God Never Made1977


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Case 1:13-cv-03427-AT Document 1-1 Filed 05/21/13 Page 10 of 13rge Ne lson : George Ne lson Foundation

Adverstisement for Herman Miller furniture , 1961

Sling Sofa, 1963

://www .georgenclsonf undation .ol)!/gco rge-nclson/index htm l#featured[S20120 I3 3:15:36 PM)

~ q v e see what we are lookinglor, what we have been traineto see bg habit or tradition."

Model interior for Simpson Timber, 1959


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Case 1:13-cv-03427-AT Document 1-1 Filed 05/21/13 Page 11 of 13rge Nelson : George Nelson Foundation

Rek 0 Kut and Audax 1957

Sherman Fairchild House New York City, New York, 1940-41

Platform Bencn I Slat Bench 1946

://www.georgenel o n f o u n d a t i o n ~ , t c o r g . c - n c l s o n i n d e x . h l # f e a r e d [ 5/20/2013 3:15:36 PM)


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Case 1:13-cv-03427-AT Document 1-1 Filed 05/21/13 Page 12 of 13Ne lson : Goorgc Ne lson Foundation

Toys, 1952

Action Office 1 IA01). 1960

Most people witla seeing delicleneies--mostmodern people, in other words-preferrepresentational, realistic' art to abstractions.',

4755 (Ball Clock) 1949

Advertistement for Herman Miller, late 1940s

//www.{!COrgenelsonfoundation.org/george-nelson/indcx.hnnl#fcatured[5120/2013 3:1536 I'M ]


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Case 1:13-cv-03427-AT Document 1-1 Filed 05/21/13 Page 13 of 13Nelson : George Nelson Foundation

GableMiiliroeiCiift

Swaged l eg Home Desk, 1954

Poster for John Huston's film The Misfits, 1960

CRED

//www.gcorgenelsonfoundation.org/!{eorge-nelson/index.html#fcamrcd[5/20/20 13 3:1 5:36 PM)


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EXHIBITB


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Case 1:13-cv-03427-AT Document 1-2 Filed 05/21/13 Page 2 of 5George Nelson : George Nelson Foundation

Bubble LampsManufacturer Howard M1ller Clock Company (Zeeland. MIChigan)Matenats s:eel Wire i)lastJc. chrome or t x a ~

Oesrgrled by Wrlbam RellWlck o' Nelson's offiCe. the Bubble Lamp came 10avanety o! sr.apesand SIZes Co,'Tipnsed of a steel-wire structure cocooned 1n atranslucent ,yt . e plaS!lc spray. a tecl'.n:Que developed by the Us m1htary andused here to create scu'ptural that could be sold at modest D!1cesAccesscnes mcluded- a cdmg attachment an adjustable pulley, "'all brackets.and a tnpcd base

hnp://wwv.georgenelsonfoundation.orglgeorge-nelson/index.hrml#lighring/bubble-lamps

1952Wllllam Rertv.lCk. an assoc1ateat George Nelson'sofflce


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Allpcl Sol>c:re'-'91 :- c: .:. :!: r. ?".. -;.:.

\ t " , : _ ~ ~ ... M ~ . ; .... , . . ~ ..

Cq:arM39 r . 3 c

It-"'" c , ..... ..... 'f. 3.3 c

lanternH . : > . ~ C I,

- r- tilt;. 0; : :Cyi....t"'k "I > c


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Al-noodH _ . ~ : . . r. : . Roll

.. !-' ' : :. C

http://www.georgenelsonfoundation .orglgeorge-nelsonlindex.html#ligbtinglbubb le-lamps


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Case 1:13-cv-03427-AT Document 1-2 Filed 05/21/13 Page 5 of 5Nelson :G eo rge Ne lson Foundation

ge

FEATUREDARCHITECTUREWRITINGFURNITUREGRAPHIC DESIGNINTERIORSOFFICE SYSTEMSLIGHTINGCLOCKSELECTRONICEQUIPMENTEXHIBITIONSACCESSORIESFILMALL WORKSWORKS BY DECADE

GEORGE NELSON NEWS + EVENTS MI SS ION PARTNERSHIPS+ SUPPORT CONTACT 1

Fo llowing the success of his clock co llec tion for Howard Miller, George Nelsohelped steer the company into new markets, including lighting .

Wire frames and Bubble lamps, hung up to dry in the assembly hal l.

://www.georgenelsonfoundatJon.org/georgc-nelson/indcx.IJtml lflighting/


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EXHIBITC


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Half Nelson Table LampMarwfacu 01 Koch & l.oorv

O ~ ~ r e m o n s - H 19" (Q\Ieralll; re!lector sha:le 0 15 1/ 2". base H 8". 0 4 112"Matenals all.l!l1111m steel. 1\nt


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EXHIBITD


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Case 1:13-cv-03427-AT Document 1-4 Filed 05/21/13 Page 2 of 2GeorgeNelsonBubblcLamp, sau cer light, pe ndant lights, modemlighting, hanging lamps, bubblelampshade,retrotigbt- modernica

OUR MAiUllG USllGiftc:en:iflcote:s Comac!Us Refer a friencf ' y 0 Tail!m Followus ~!:1QMf ABOUTUS SHOWROOM .ai.Q!i B.Q:i MYACCOUNT SEARCH )

:;tATlNG L,l;;HTliG (lAY!jiDS BEDROOM IATTRESS FISI'RGLASS CHOS>$ TABI.fS OlJIDOOR STORAGE UIIJTS CLEARAACf ACCfSSORES ! not ncludedSmall 60WI12GVUL rated for bulns up to 60watts.AJ.I ctn er slzes 15{1Vl1120V.UL -rated for bulbs up o 150 wans.GU 24 SoCkets are available upon request fororders of 10 larnps ormo re Please sendinquires to [email protected] cr1or toordering.

AssemblyNo assembly e ~ u l r e dPlease see tne link below forwiring instructions .Pendant WMng !astmction Sheet

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LampCare [nstruetiOI!$

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Case 1:13-cv-03427-AT Document 1-5 Filed 05/21/13 Page 2 of 3HalfNclsonTableLamp- Modcmica

JOINOURt.IAIUtlG LIST!Gift certificates Contact Us Customer Service Refer a friend! Y 0 Followus on t p ~.HQ.Mt ~ SHQWR OOM ~ ~ MYACC OUNT SEARCH )

SEATING UGifT1NG DAYBEDS BEDROOM MATIRESS FSERG!.ASS CHAIRS T.ABLES 0 \JlOOOR STO RAGE UNITS CLEARANCE A CCESSORES NfW

~ , 1.!9!ll!illl I2!llit Half Nelson Table Lamp

,0 View larger inoqe1PROOUCT DETAILS Tgs

Introducing the 'Half-Nelson' TableLamp.amagnumopus from the innovative Geo rge Nelson Office. circa1950. The Half-NelsonLamp is a definitive exampleof George Nelson's olisionary design. Stripped downto theessentials .Nelso nplayfully transforms acylinder, rod, and t!lscus into an encu ring worK of artThe 'Half-Nelson Tab le Lamp utilites a pivotingshade, Which Is acljustall le lotl'llefl and right and upand down. GNin l ability to direct ightin alldirections. The cylinder oase is constructed ofaluminum witl'l a black line-grained anodited finish.The Sl'lade Is made from spun aluminum. The top ofthe shade has aline-grained n o d ~ e d blacK finish,and the underside has a power-coated, glossy satinwhite finish. Thestem ronnecting the two . Is made ofchromed-aluminum. The on/offswitch is bum ofmachined-anodizedaluminum.George Nelson originally designed the Half-NelsonTable Lamp for a large-scale design project: Holiday

http://modemica.net/half-nelson-table-lamp.html

HALF NELSON TABLELAMPFREE STANDARD SHIPPING

QUAimTY: 1Price: $475.00

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DimensionsOverall Dimensions;Floor to lip of shade at a level position: 1rHsnacre: 15 DiameterStem He ight 17.5"H x 12"DiameterBase: S"Hx4.5"0Black Cord Length: 8 4MaterialsAluminum, anodiZed, powder-roateo, chromed.UL-Iisted. 40W/120V energy ef!icient bulbinduded.UL-rated forbulbs up o 40 watts.GU 24 Sockets are availableupon reques t fororders of 10 lamps or more. Please sendInquires to websupport@modernica net prior toordering.

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Case 1:13-cv-03427-AT Document 1-5 Filed 05/21/13 Page 3 of 3HalfNelsonTableLamp- Modemica

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House Holidar House was a commissioned designvaeabon home ror a magaune of the same name.The house was Duln in 1950 on the southem coast ofLong Island nwas &ntendetl to showcase themagazone and to promote a post-war ~ n o m inNt&ich one could alford to o.m a vacation homeGeorge Nelson tles,gnetl U'le nome anti most of I1Sfurnishings "1le Hall-Nelson was designedspedllcall , for the lil.ing room ho.,e-.er it onkJremained a protot,-pe.:.t a later date . ~ e l s o n reintroduced his "Half-Nelsondesign to Koch .&.loW)' an tvnencan lighbngCompan, KoCh & Low, put he 'Half-Nelson ntoproducbon In 19n.Atll'le ine it was available inthree fin&shes polished brass. chromed-aluminum.and wMe or olack enamel. The lamp was inprotluct&on untiltne mid-eighties.Moderniea has bought backthis iconic piece. Eachlamp Is built to George Nelson's originalspecifications Since 1989, Motlernica has provenitself with its steadfast commit-nent to authenticit)anc:l crafts mans hip. Modemica continues to revitafiz;eClestgns tnat previouslywere only available to aselect ew. thus making good design available to au.

SH PPit G ISFREE Within the continental US.Ships UPS ground wrttun 3-5 business da; s of order placement

AssemblytJo asseno yreawed.

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george nelson foundation v. modernica - complaint

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