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JS44C/SDNY REV. 4/2014 nw ,,., ·-'"' '"' pleadmgs oroi~ other ~"" papers as requirad;o••••::~:~::::J:,4,. by law, except as provided by local rules of ""CY."' court. This form. '"' approved ~~g"15 by the Judicial Conference of the Unitad States in September 1974. is requirad for use of the Clerk of Court for the purpose of initiating the civil docket sheet 1tJN 1 2Q, 2 14 PLAINTIFFS DEFENDANTS KATZ'S DELICATESSEN OF HOUSTON STREET, INC. PUMP-A-NICKEL CORPORATION INC. d/b/a KATZ'S DELl OF DEERFIELD BEACH, CHARLES RE and JOHN DOES 1 THROUGH 5 ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER ATTORNEYS (IF KNOWN) Marc Misthal of Gottlieb, Rackman & Reisman P.C. 270 Madison Avenue 8th Floor, New York, NY 10016 nTT'\f"T' f'IITIT'In'J Phone: 212-684-3900, Fax: 212-684-3999 ,JUI !~vi" '\' 1'11!' CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE;) (DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY) 15 U.S.C. 1051 et seq. Has this action, case, or proceeding, or one essentially the same been previously filed in SONY at any time? NJZites C1udge Previously Assigned If yes. was this case Vol. lnvoL Dismissed. No Yes If yes, give date __________ & Case No.--------- Is THIS AN INTERNATIONAL ARBITRATION CASE? No 0 Yes 0 (PLACE AN [x]IN ONE BOX ONLY) NATURE OF SUIT TORTS ACTIONS UNDER STATUTES CONTRACT PERSONAL INJURY PERSONAL INJURY FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES [ ] 367 HEALTHCAREI 375 FALSE CLAIMS I 1110 INSURANCE [ ]310 AIRPLANE PHARMACEUTICAL PERSONAL [ ]625 DRUG RELATED [ ] 422 APPEAL I J400STATE [ ]120 MARINE [ ]315 AIRPLANE PRODUCT INJURY/PRODUCT LIABILITY SEIZURE OF PROPERTY 28 usc 158 REAPPORTIONMENT [ ]130 MILLER ACT LIABILITY [ ]423 WITHDRAWAL [ ] 410 ANTITRUST [ ] 365 21 USC 881 I ]140 NEGOTIABLE [ ]320 ASSAULT, LIBEL & p~~~~~~~ I~!~LiTY 28 usc 157 [ ] 430 BANKS & BANKING INSTRUMENT SLANDER [ ] 368 ASBESTOS PERSONAL [ ]ego OTHER [ ]450 COMMERCE I J 1so RECOVERY OF ( ]330 FEDERAL INJURY PRODUCT [ ]460 DEPORTATION OVERPAYMENT & EMPLOYERS' LIABILITY PROPERTY RIGHTS [ ]470 RACKETEER I NFLU­ ENFORCEMENT LIABILITY ENCED & CORRUPT OF JUDGMENT ( ]340 MARINE PERSONAL PROPERTY [ ]820 COPYRIGHTS ORGANIZATION ACT I I 151 MEDICARE ACT ( ]345 MARINE PRODUCT [ ] 830 PATENT (RICO) 1 ]152 RECOVERY OF LIABILITY [ ]370 OTHER FRAUD [X] 840 TRADEMARK [ ]480 CONSUMER CREDIT DEFAULTED [ ]350 MOTOR VEHICLE [ ]371 TRUTH IN LENDING [ ]490 CABLE/SATELLITE TV STUDENT LOANS [ ]355 MOTOR VEHICLE (EXCL VETERANS) PRODUCT LIABILITY SOCIAL SECURITY [ ] 850 SECURITIES/ I ]153 RECOVERY OF ( ]360 OTHER PERSONAL COMMODITIES/ OVERPAYMENT INJURY [ ]380 OTHER PERSONAL LABOR [ ]861 HIA (139511) EXCHANGE OF VETERAN'S [ ]362 PERSONAL INJURY­ PROPERTY DAMAGE [ ] 862 BLACK LUNG (923) BENEFITS MED MALPRACTICE [ ] 365 PROPERTY DAMAGE []710 FAIR LABOR [ ] 863 DIWCIDIVWV (405(g)) [ ]160 STOCKHOLDERS PRODUCT LIABILITY STANDARDS ACT [ ]864 SSID TITLE XVI SUITS [ ] 720 LABORIMGMT [ ]865 RSI (405(g)) [ ]8900THERSTATUTORY [ ]190 OTHER PRISONER PETITIONS RELATIONS ACTIONS CONTRACT [ ] 463 ALIEN DETAINEE [ ]740 RAILWAY LABOR ACT [ ]891 AGRICULTURAL ACTS [ ]195 CONTRACT [ ]510 MOTIONS TO [ ] 751 FAMILY MEDICAL FEDERAL TAX SUITS PRODUCT ACTIONS UNDER STATUTES VACATE SENTENCE LEAVE ACT (FMLA) LIABILITY 28 usc 2255 [ ]870 TAXES (U.S. Plaintiff or [ ]893 ENVIRONMENTAL [ ]196 FRANCHISE CIVIL RIGHTS [ ] 530 HABEAS CORPUS [ ] 790 OTHER LABOR Defendant) MATTERS [ ] 535 DEATH PENALTY LITIGATION [ ]871 IRS-THIRD PARTY [ J895 FREECOM OF [ ] 540 MANDAMUS & OTHER [ )791 EMPL RET INC 26 usc 7609 INFORMATION ACT ( ]440 OTHER CIVIL RIGHTS (Non-Pnsoner) SECURITY ACT I J 896 ARBITRATION REAL PROPERTY [ ] 899ADMINISTRATIVE [ ]441 VOTING IMMIGRATION PROCEDURE ACT/REVIEW OR [ ]442 EMPLOYMENT [ ]210 LAND PRISONER CIVIL RIGHTS APPEAL OF AGENCY DECISION CONDEMNATION [ ]443 HOUSING/ [ ]462 NATURALIZATION [ ]220 FORECLOSURE ACCOMMODATIONS [ ]550 CIVIL RIGHTS APPLICATION [ ]950 CONSTITUTIONALITY OF I ]230 RENT LEASE & ( ] 445 AMERICANS WITH [ ] 555 PRISON CONDITION [ ]465 OTHER IMMIGRATION STATE STATUTES EJECTMENT DISABILITIES • [ ] 560 CIVIL DETAINEE ACTIONS [ ]240 TORTS TO LAND EMPLOYMENT CONDITIONS OF CONFINEMENT { ]245 TORT PRODUCT [ ] 446 AMERICANS WITH LIABILITY DISABILITIES -OTHER I ]290 ALL OTHER [ ]448 EDUCATION REAL PROPERTY Check if demanded in complaint: CHECK IF THIS IS A CLASS ACTION ffPsb?~T<i11/~ THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING !N S.D.N.Y.? D UNDER F.RC.P. 23 DEMAND $. _____ OTHER _____ JUDGE ___________ DOCKET NUMBER~----- Check YES only if demanded in complaint JURY DEMAND: !Bl YES Dlo NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32). UNITEDSTATESDISTRICTCOURT '14 cv 42 4 5~--- FOR THE SOUTHERN DISTRICT OF NEW YORK KATZ'S DELICATESSEN OF HOUSTON STREET, INC., ECFCASE Civil Action No. Plaintiff, <.n r::J -··-"1- -against- COMPLAINT ...-.T-::r- ~~.~·r'\_;_·,a PUMP-A-NICKEL CORPORATION H'{J:s.JV\l~-~1\~\\("~~ . d/b/a KATZ'S DELI OF DEERFIELD BEACH, CHARLES RE and JOHN DOES 1 THROUGH 5 JURY TRIAL DEMANDED Defendants. Plaintiff Katz's Delicatessen of Houston Street, Inc., for its complaint against the defendants Pump-A-Nickel Corporation Inc. d/b/a Katz's Deli of Deerfield Beach, Charles Re and John Does 1 through 5 (collectively, "Defendants"), herein states as follows on knowledge as to plaintiff and otherwise on information and belief: INTRODUCTION 1. Plaintiff is the owner of the 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 of plaintiff, Defendants have opened a restaurant in Deerfield Beach, Florida named "Katz's Delicatessen ofDeerfield Beach" that sells the same Jewish deli foods as Katz's Deli. Defendants' actions blatantly infringe plaintiff's federal trademark (PLACE AN x INONEBOXONLY) ORIGIN ~ 1 Original 0 2 Removed from 0 3 Remanded 0 4 Reinstated or 0 5 Transferred from 6 Multidistrict 0 7 Appeal to District Litigation Judge from Proceeding State Court from Reopened (Specify District) Magistrate Judge Appellate 0 a. all parties represented Judgment Court b. Atleast one party is prose. !PLACE AN x IN ONE BOX ONLY) BASIS OF JURISDICTION IF DIVERSITY, INDICATE 0 1 U.S. PLAINTIFF 0 2 U.S. DEFENDANT ~ 3 FEDERAL QUESTION 04 DIVERSITY CITIZENSHIP BELOW. (U.S. NOT A PARTY) 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 [ ]2 [ ]2 INCORPORATED or PRINCIPAL PLACE [ ]4 [ ]4 FOREIGN NATION [ 1~ [ ]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 RESI!;ENCE ADDRESSES OF THE FOLLOWING DEFENDANTS: Check one: THIS ACTION SHOULD BE ASSIGNED TO: 0 WHITE PLAINS 00 MANHATTAN (DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT) DATE 10{11- t/)l ~ SIGNATURE O'PT'Ji;!;'j. OYJ"5!RD ADMITTED TO PRACTICE IN THIS DISTRICT 1 [I NO [~ YES (DATE ADMITTED Mo. October Yr. 2000 RECEIPT# fffucu. ' 11~ Attorney Bar Code # MM6636 Magistrate Judge is to be designated by the Clerk of the W,. JfQ Wf'VAN Magistrate Judge-------------------------is so Designated. Ruby J. Krajick. Clerk of Court by-----Deputy Clerk, DATED--------- UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN) Save registrations and will continue to cause irreparable harm to the plaintiff's goodwill and reputation. THE PARTIES 3. Plaintiff Katz's Delicatessen ofHouston Street, Inc. C'Plaintiff' or "Katz's") is a corporation organized and existing under the laws of the State of New York with an office and principal place of business at 205 E. Houston Street, New York, New York. Plaintiff operates Katz's Deli at that location. 4. Upon information and belief, defendant Pump-A-Nickel Corporation Inc. ("PAN") is a corporation organized under the laws of the State of Florida, which operates a restaurant under the business name "Katz's Delicatessen of Deerfield Beach" located at 1645 SE 3rd Court, Deerfield Beach, Florida C'KD Restaurant"). 5. Upon information and belief, defendant Charles Re ("Re") is a principal, owner and controlling entity of defendant PAN, and is therefore responsible for the tortious acts of PAN. 6. Plaintiff also believes that there are other persons that are involved in the infringement of Plaintiffs rights and sues them by fictitious names John Does 1 through 5 ("Doe Defendants"). 7. Other than as is alleged in this Complaint, Plaintiffhas yet to confirm the true identities and acts of participation ofDoes 1 through 5, inclusive, and therefore sues them by such fictitious names. Plaintiff is informed and believes that each of the defendants designated as a Doe is liable in some manner for the acts and omissions, damages and injuries of which Plaintiff alleges in this Complaint. Plaintiff will seek to amend the Complaint to state the true identities of Does 1 2 • f through 5 when ascertained. 8. Upon information and belief, the individual defendant Re is the principal of corporate defendant PAN. 9. Upon information and belief, Re has an ownership interest in, operates and/or manages the business of corporate defendant PAN. 10. Upon information and belief, there exists, and at all times herein mentioned there existed, a unity of interests between and among Re and PAN vis-a-vis the ownership, operation and/or management of the business of PAN. 11. Upon information and belief, PAN is so dominated and controlled by Re, such that Defendants may be considered interchangeable with one another. JURISDICTION AND VENUE 12. This action arises under the trademark laws of the United States, the Lanham Trademark Act ofthe United States, 15 U.S.C.

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