JUDGE Ramosversh REV
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JS 44C/SDNY JUDGE RAMOSversh REV. 2/2014 The JS-44 civil cover sheet and the informationcontained herein neither •la&JB»supplerlM/triWfiling and servio pleadings orother papers as required by law, except as provided by idwruleJw court. This form, approved by the Judicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose of initiating the civil docket sheet. MAR 1 2 2014 PLAINTIFFS DEFENDANTS KATZ'S DELICATESSEN OF HOUSTON STREET, INC. TMA TRADING INC., d/b/a KATZ&DOGZ, "TAREK", MOHAMED SALEM and JOHN DOES 1-5 ATTORNEYS (FIRMNAME, ADDRESS, ANDTELEPHONE NUMBER ATTORNEYS (IF KNOWN) Marc Misthal and Jonathan Purow of Gottlieb, Rackman & Reisman P.C. 270 Madison Avenue 8th Floor, New York NY 10016 Phone: 212-684-3900, Fax: 212-684-3999 CAUSE OF ACTION (CITE THE U.S.CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE) (DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY) 15U.S.C. 1114 and 15U.S.C. 1125etseq. Hasthis action, case, or proceeding, orone essentially the same been previously filed in SDNY at anytime? No|0Yes[]j udge Previously Assigned If yes, wasthis case Vol. |~J Invol. [~J Dismissed. No Q Yes [~J If yes, give date_ & Case No. IS THIS AN INTERNATIONAL ARBITRATIONCASE? No Yes D (PLACEAN [x] IN ONE BOX ONLY) NATURE OF SUIT ACTIONS UNDER STATUTES CONTR,ACT PERSONAL INJURY PERSONAL INJURY FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES } [ ] 110 INSURANCE ! 1310 AIRPLANE [ ] 362 PERSONAL INJURY - [ 1610 AGRICULTURE [ I 422 APPEAL [ ]400 STATE | [ ]120 MARINE [ ]315 AIRPLANE PRODUCT MED MALPRACTICE [ ]620 OTHER FOOD & 28 USC 158 REAPPORTIONMENT | [ ]130 MILLER ACT LIABILITY [] 365 PERSONAL INJURY DRUG [] 423 WITHDRAWAL I H10 ANTITRUST 1 [ 1140 NEGOTIABLE [ )320 ASSAULT, LIBEL & PRODUCT LIABILITY [ ]625 DRUG RELATED 28 USC 157 [ ]430 BANKS & BANKING 1 INSTRUMENT SLANDER [ 1 368 ASBESTOS PERSONAL SEIZURE OF [ ]450 COMMERCE 1 I ]150 RECOVERY OF [ ]330 FEDERAL INJURY PRODUCT PROPERTY [ ]460 DEPORTATION OVERPAYMENT & EMPLOYERS' LIABILITY 21 USC 881 PROPERTY RIGHTS [ ]470 RACKETEER INFLU | ENFORCEMENT LIABILITY [J 630 LIQUOR LAWS ENCED & CORRUPT OF JUDGMENT [ 1340 MARINE PERSONAL PROPERTY [ ]640 RR & TRUCK [] 820 COPYRIGHTS ORGANIZATION ACT | [ ]151 MEDICARE ACT [ ]345 MARINE PRODUCT [ ]650 AIRLINE REGS [] 830 PATENT (RICO) [ )152 RECOVERY OF LIABILITY [] 370 OTHER FRAUD [ ]660 OCCUPATIONAL K1840 TRADEMARK [ ]480 CONSUMER CREDIT 1 DEFAULTED [ ]350 MOTOR VEHICLE [ ]371 TRUTH IN LENDING SAFETY/HEALTH [ ]490 CABLE/SATELLITE TV 1 STUDENT LOANS [ ]355 MOTOR VEHICLE [] 380 OTHER PERSONAL [ ]690 OTHER I 1810 SELECTIVE SERVICE K (EXCL VETERANS) PRODUCT LIABILITY PROPERTY DAMAGE SOCIAL SECURITY [ ]850 SECURITIES/ i; [] 153 RECOVERY OF 1 J360 OTHER PERSONAL [] 385 PROPERTY DAMAGE COMMODITIES/ 1 OVERPAYMENT INJURY PRODUCT LIABILITY LABOR [ ]861 HIA(1395ff) EXCHANGE 1 OF VETERAN'S [ I 862 BLACK LUNG (923) [ 1875 CUSTOMER BENEFITS [ ]710 FAIR LABOR [] 863 DIWC/DIWW (405(g)) CHALLENGE 1 [ ] 160 STOCKHOLDERS STANDARDS ACT [] 864 SSID TITLE XVI 12 USC 3410 | SUITS [ ]720 LABOR/MGMT [ ] 865 RSI (405(g)) [ ]890 OTHER STATUTORY i [ ]190 OTHER PRISONER PETITIONS RELATIONS ACTIONS | CONTRACT [ ]730 LABOR/MGMT [ 1891 AGRICULTURAL ACTS [ ] 195 CONTRACT [ 1510 MOTIONS TO REPORTING & FEDERAL TAX SUITS [ ]892 ECONOMIC | PRODUCT ACTIONS UNDER STATUTES VACATE SENTENCE DISCLOSURE ACT STABILIZATION ACT LIABILITY 28 USC 2255 []740 RAILWAY LABOR ACT [ ]870 TAXES (U.S. Plaintiff or [ ]893 ENVIRONMENTAL 1 [] 196 FRANCHISE CIVIL RIGHTS [ ] 530 HABEAS CORPUS []790 OTHER LABOR Defendant) MATTERS [] 535 DEATH PENALTY LITIGATION [ ) 871 IRS-THIRD PARTY [ 1894 ENERGY 1 [ 1441 VOTING [] 540 MANDAMUS & OTHER I 1791 EMPL RET INC 26 USC 7609 ALLOCATION ACT [ ]442 EMPLOYMENT SECURITY ACT [ ]895 FREEDOM OF i REAL PROPERTY [ ]443 HOUSING/ INFORMATION ACT 1 ACCOMMODATIONS IMMIGRATION [ ]900 APPEAL OF FEE [ 1210 LAND [ ]444 WELFARE PRISONER CIVIL RIGHTS DETERMINATION 1 CONDEMNATION 1 1445 AMERICANS WITH [ 1462 NATURALIZATION UNDER EQUAL L [ ]220 FORECLOSURE DISABILITIES - [] 550 CIVIL RIGHTS APPLICATION ACCESS TO JUSTICE £ [ ]230 RENT LEASE & EMPLOYMENT [] 555 PRISON CONDITION I ]463 HABEAS CORPUS- [J 950 CONSTITUTIONALITY EJECTMENT [ ]446 AMERICANS WITH ALIEN DETAINEE OF STATE STATUTES - [ ]240 TORTS TO LAND DISABILITIES -OTHER [ 1465 OTHER IMMIGRATION [ ]245 TORT PRODUCT [ J440 OTHER CIVIL RIGHTS ACTIONS LIABILITY (Non-Prisoner) [ ]290 ALL OTHER f. REAL PROPERTY Check if demanded in complaint: CHECK IF THIS IS A CLASS ACTION DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.? • UNDER F.R.C.P. 23 IF SO, STATE: DEMAND $ OTHER JUDGE DOCKET NUMBER Check YES only if demanded in complaint JURY DEMAND: S YES • NO NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32). (PLACEAN x IN ONE BOX ONLY) ORIGIN 1*1 1 Original fj 2 Removed from D 3 Remanded | | 4 Reinstated or | | 5 Transferred from \_\ 6 Multidistrict I I 7 Appeal toDistrict Proceeding state Court from Reopened (Specify District) Litigation Judge from Magistrate Judge I I a. all parties represented Appellate Judgment Court I | b. Atleast one party is pro se. (PLACEAN x IN ONE BOX ONLY) BASIS OF JURISDICTION IF DIVERSITY, INDICATE • 1 U.S. PLAINTIFF • 2 U.S. DEFENDANT 3 FEDERAL QUESTION Q4 DIVERSITY CITIZENSHIP BELOW. (U.S. NOT A PARTY) (28 USC 1332, 1441) CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY) (Place an [X]in one box for Plaintiff and one box for Defendant) PTF DEF PTF DEF PTF DEF CITIZEN OF THIS STATE [ ]1 [ ]1 CITIZEN OR SUBJECT OF A [ ] 3 [ ]3 INCORPORATED and PRINCIPAL PLACE [ ] 5 [ ] 5 FOREIGN COUNTRY OF BUSINESS IN ANOTHER STATE CITIZEN OF ANOTHER STATE [ 12 ( ]2 INCORPORATED or PRINCIPAL PLACE I 14 [ 14 FOREIGN NATION [16 [ ]6 OF BUSINESS IN THIS STATE PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES) DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES) DEFENDANT(S) ADDRESS UNKNOWN REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN THE RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS: Check one: THIS ACTION SHOULD BE ASSIGNED TO: • WHITE PLAINS |X| MANHATTAN (DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.) DATE 3/11/2014 SIGNATURE OF ATTORNEY CORD ADMITTED TO PRACTICE IN THIS DISTRICT [] NO N YES (DATE ADMITTED Mo. October Yr. 2000 RECEIPT # Attorney Bar Code # MM6636 Magistrate Judge is to be designated by the Clerk of the Court. MAG.JUpGECOTT Magistrate Judge is so Designated. Ruby J. Krajick, Clerk of Court by. Deputy Clerk, DATED. UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN) JUDGE RAMOS UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK KATZ'S DELICATESSEN OF HOUSTON STREET, INC.,14 CV 1S90 ECF CASE Civil Action No. Plaintiff, -against- COMPLAINT TMA TRADING INC. d/b/a KATZ & DOGZ, "TAREK", ^ <s> MOHAMED SALEM and JOHN DOES 1-5 JURY TRIAL DEMAM)Efi '4 P Defendants. CD ro Plaintiff Katz's Delicatessen of Houston Street, Inc., for its complaint against the defendants TMA Trading Inc. d/b/a Katz & Dogz, "Tarek," Mohamed Salem, and John Does 1-5 (collectively, "Defendants"), herein states as follows on knowledge as to plaintiffand otherwise on information and belief: INTRODUCTION 1. The plaintiffis the owner ofthe world-famous restaurant Katz's Delicatessen ("Katz's Deli") and the associated federally registered trademarks KATZ'S and KATZ'S DELICATESSEN. 2. Without the consent ofthe plaintiff, the Defendants have opened mobile food trucks and a mobile food cart under the brand name "Katz & Dogz," that sell the same Jewish deli foods as Katz's Deli. The Defendants' actions blatantly infringe plaintiffs federal trademark registrations and will continue to cause irreparable harm to the plaintiffs goodwill and reputation. THE PARTIES 3. PlaintiffKatz's Delicatessen ofHouston Street, Inc. ("Plaintiff or "Katz's") is a corporation organized and existingunderthe lawsof the Stateof New York with an officeand principal placeofbusinessat205 E. Houston Street, NewYork, NewYork. Plaintiffoperates Katz's Deli at that location. 4. Upon information and belief, defendant TMA Trading Inc. ("TMA") is a corporation organizedunder the laws ofthe State of New York with a principal place of businessat 1745 Stillwell Avenue-2, Brooklyn, New York. TMA operates mobile food trucks and a mobile food cart under the business name "Katz & Dogz," in Manhattan and Brooklyn. 5. Upon information and belief, defendant "Tarek" is a principal, owner and controlling entity of defendant TMA, and is therefore responsible for the tortious acts of TMA. Plaintiffwill seek to amend this Complaint to state the proper name of"Tarek" when ascertained. 6. Upon information and belief, defendantMohamed Salem is a principal, owner and controlling entity ofdefendant TMA, and is therefore responsible for the tortious acts ofTMA. 7. Plaintiff also believes that there are other persons that are involved in the infringement ofPlaintiffs rights and sues them by fictitious names John Does 1 through 5. 8. Other than as is alleged in this Complaint, Plaintiffhas yet to confirm the true identities and acts ofparticipation ofDoes 1 through 5, inclusive, and therefore sues them by such fictitious names. Plaintiffis informed and believes that each ofthe defendants designated as a Doe is liable in some manner for the acts and omissions, damages and injuries ofwhich Plaintiffalleges in this Complaint. Plaintiff will seek to amend the Complaint to state the true identities of Does 1 through 5 when ascertained. 9. Upon information and belief, the individual defendants "Tarek" and Mohamed Salem are the principals ofcorporate defendant TMA. 10. Upon information and belief, "Tarek" and Mohamed Salem have an ownership interest in, operate and/or manage the business ofthe corporate defendant TMA. 11. Upon information and belief, there exists, and at all times herein mentioned there existed, a unity ofinterests between and among the defendants "Tarek" and Mohamed Salem vis-a-vis the ownership, operation and/or management ofthe business ofTMA. 12. Upon information and belief, TMA is so dominated and controlled by "Tarek" and Mohamed Salem, such that Defendants may be considered interchangeable with one another.