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In the United States District Court Southern District of New York

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In the United States District Court Southern District of New York Case 1:20-cv-10074-JMF Document 1 Filed 12/01/20 Page 1 of 157 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------X Meatball Management, LLC : Case No.: 20-10074 : : Plaintiff, : COMPLAINT : : [Jury Trial Demanded] : -against- : : Nicole Elizabeth LaValle (née Polizzi); and : Deena Nicole Cortese, : : Defendant(s). : ---------------------------------------------------------------X Plaintiff Meatball Management, LLC (“MM”) hereby alleges against Defendant(s) Nicole Elizabeth LaValle (née Polizzi) (“LaValle”) and Deena Nicole Cortese (“Cortese”) ( collectively referred to as “L/C”) the following: PARTIES 1. MM is a Delaware LLC with its corporate office at 119 West 24th Street, New York, New York 10011. 2. On information and belief, both LaValle and Cortese are residents of New Jersey, residing at 165 Summit Rd Florham Park NJ 07932 and 131 Meli Lane, Jackson NJ 08527, respectively. JURISDICTION AND VENUE 3. This action is brought under The Lanham Act, 15 USC § 1121, 15 USC § 1114 for trademark infringement and 15 USC § 1125(a), et seq. for unfair competition and false advertising, 28 USC § 1331 (federal question jurisdiction), 28 USC § 1332 (a) (diversity of jurisdiction), 28 Page 1 of 12 Case 1:20-cv-10074-JMF Document 1 Filed 12/01/20 Page 2 of 157 USC § 1338(a) ( an Act of Congress relating to trademarks), 28 USC § 1367 (supplemental state jurisdiction) and 28 USC §§ 2201-2202 for a declaration of rights in MM’s well established federally registered trademarks regarding THE MEATBALL SHOP on The Principal Register (Regs. 3,862,272; 4,419,685; 4,594,107; 4895,393; 5,058440; 5,058,661; and Application Serial No. 90,217,151, appended as Exhibit A hereto; and under New York common law. MM and MM counsel have attempted to contact L/C multiple times concerning their setting up and selling clothing under their chosen name THE MEATBALL SHOP on the World Wide Web, an information system on the Internet which allows a user to search for information and content through the use of hypertext links, and probably other locations in recent months (see Exhibit B announcing such openings recently). Neither L/C, nor their agent has not responded to any of the aforementioned attempts to contact them, nor the cease and desist correspondence from MM counsel informing them that they know such conduct is a willful abuse of MM’s rights (see Exhibit C hereto, letter from MM counsel to the agent for L/C, dated October 5, 2020). MM is seeking an award of damages, a preliminary and permanent injunction as to L/C’s activities and behavior and a declaration of rights to prevent any further harm by L/C. 4. This Court has jurisdiction over L/C under the statutes set forth in paragraph 3 above and, upon information and belief, the continuous selling, advertising, promoting and offering to sell to customers in New York. 5. Venue is proper pursuant to 28 USC § 1391(b) by the substantial selling and advertising activities of L/C in New York to further their illegal acts against MM and the injury caused thereby. Page 2 of 12 Case 1:20-cv-10074-JMF Document 1 Filed 12/01/20 Page 3 of 157 STATEMENT OF FACTS 6. MM is a Delaware Limited Liability Corporation established in 2010 and is qualified in New York. MM currently operates four THE MEATBALL SHOP restaurants in the metropolitan area of New York City. MM sells a substantial diversity of clothing and apparel related items in connection with its restaurants (exemplary items are set forth in Exhibit D hereto) and has done so since 2010. 7. Since the first THE MEATBALL SHOP opened in 2010 in New York City, THE MEATBALL SHOP restaurants have been very successful and attracted patrons, including, without limitation, LaValle and Cortese, and while MM had expanded the number of THE MEATBALL SHOP locations, circumstances have caused them to close a number of them in recent months but continues to operate four THE MEATBALL SHOP locations in New York City. 8. THE MEATBALL SHOP restaurants are well known locally, nationally and internationally. The restaurant, its founders and its Chief Executive Officer have been featured in TV shows on national broadcast and cable television networks ABC, CNBC, and The Food Network, among others. THE MEATBALL SHOP restaurants are listed in the national tour guide TRIPADVISOR as a popular tourist destination. The founders of THE MEATBALL SHOP appeared on national TV Shows Martha Stewart Living with Martha Stewart and Barefoot Contessa with Ina Garten. The CEO of THE MEATBALL SHOP has appeared and been interviewed in print and national broadcasts. The advertising for THE MEATBALL SHOP has been substantial (See Exhibit E hereto for an exemplary listing of such exposure). Page 3 of 12 Case 1:20-cv-10074-JMF Document 1 Filed 12/01/20 Page 4 of 157 9. MM’s trademarks as set forth in Exhibit A hereto are name marks, design marks and a mark for a full line of apparel dating continuous use back to 2010 when the first THE MEATBALL SHOP restaurant was opened. 10. L/C are sometimes referred to as members of the JERSEY SHORE, stemming from their appearance as stars of the MTV produced reality television program series the “Jersey Shore” and related programs. Upon information and belief, all of the stars of the aforesaid “Jersey Shore” program have sometimes been referred to as “Meatballs” although the term appears most often to reference L/C. In that context, L/C announced their intention to sell apparel under the name THE MEATBALL SHOP. In doing so illicitly they clearly knew of the fame of MM, its brand, name, reputation, good will and fame having patronized THE MEATBALL SHOP themselves. L/C have acted in complete disregard of MM’s rights and done so intentionally for their own improper financial gains and knowingly ignored repeated request to be contacted in an effort to be intentionally evasive. 11. L/C’s use of THE MEATBALL SHOP for apparel and the brand under which such apparel is intended to be advertised, marketed, promoted and sold, improperly and intentionally connects consumers to MM’s identical registered marks, MM’s apparel rights and common law usage regarding the sale of MM’s goods. Those acts put MM’s substantial reputation in direct connection to L/C leading to the damaging and false impression that there is some relationship, contractual, licensing or otherwise, between MM and L/C. No relationship of any kind exists. MM has no control over the quality and care of L/C’s goods which directly affects the value of MM’s rights and valuable trademark assets. This negatively affects the relationships among MM and its suppliers, vendors, advertisers, sponsors as to the source of MM’s goods and good will. Such a Page 4 of 12 Case 1:20-cv-10074-JMF Document 1 Filed 12/01/20 Page 5 of 157 relationship, inter alia, constitutes a false designation of origin under and in violation of 15 USC § 1125(a). 12. L/C marketing activities and promotions for their apparel under THE MEATBALL SHOP constitute willful trademark infringement under the Lanham Act and common law in the State of New York. As a direct and proximate result of L/C’s wrongful conduct MM has been is now and will be irreparably injured and damaged by L/C’s aforementioned acts. 13. As L/C has had a long term knowledge of MM and its successful usage of THE MEATBALL SHOP branded restaurants and related sales of products associated with the mark, L/C’s activities constitute unfair competition under 15 USC § 1125(a) et seq. and the laws of the State of New York. As a direct and proximate result of L/C’s wrongful conduct, MM has been irreparably injured and damaged by L/C’s conduct as aforementioned. 14. On October 5, 2020, MM informed L/C by a cease and desist letter (Exhibit C hereto) to their agent, regarding L/C’s infringing conduct and their infringing use of MM’s registered marks and common law rights. MM demanded L/C stop such damaging activity. L/C ignored such notice. COUNT 1 TRADEMARK INFRINGEMENT UNDER THE LANHAM ACT (15 USC§ 1114) 15. MM repeats and realleges paragraphs 1 through 14 as fully set forth herein. 16. The acts of L/C described above constitute trademark infringement in violation of Section 32 of The Lanham Act, 15 USC§ 1114. Page 5 of 12 Case 1:20-cv-10074-JMF Document 1 Filed 12/01/20 Page 6 of 157 17. MM has valid and protectable registered trademark rights in it’s THE MEATBALL SHOP. Registrations dating from as early as 2010. The uses of this registered trademark, consistent with the assertion and strengthening of its rights, have been continuous and highly successful since that time. These rights predate L/C’s sales and advertising of THE MEATBALL SHOP for a business selling apparel with THE MEATBALL SHOP mark since just recently. Upon information and belief, with the notoriety surrounding the “JERSEY SHORE GIRLS” and, in particular, L/C, it will be expected there will be many more of these infringements in the immediate future. P and C have over 13.7 million followers on Instagram alone. This portends a substantial and willful disregard of the rights of MM. 18. Upon information and belief, L/C have actually patronized THE MEATBALL SHOP restaurants and have had long term actual knowledge of the registered rights of MM and its successful usage of its branded THE MEATBALL SHOP and related sales of apparel and goods in connection with those restaurants.
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