JS 44C/SDNY

REV. 4/2014
CIVIL COVER SHEET
i a fV 60^7 reAce izuMXPplemMt tteW'ng and service \J X/ W
il J^,of caE> This form, approved by the
PLAINTIFFS
Lenny Kravitz
The JS-44 civil cover sheet and the information contaihec
pleadings or other papers as required by law, except
Judicial Conference of the United States, in September
initiating the civil docket sheet.
W&QEFORRBgT
ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER
Dorothy M. Weber of Shukat Arrow HaferWeber &Herbsman, LLP
494 Eighth Avenue, 6th Floor, New York, NY 10001
(P): 212-245-4580; (F): 212-956-6471; dorothy@musiclaw.com
CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE! FJLING AfjD WRITE ABRIEF STATEMENT OF CAUSE?
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DI^EpSITY^
Declaratory Judgment 28 U.S.C. 2201 and 43(a) of the Lanham
1S74
DEFENDANTS
Cinder Block, LLC
ATTORNEYS (IF KNOWN)
:t, 1 J.S.C. 1125(a)
herein heither reAce ijdupplemAt^e\jing and service(
pjrovide i by local yof caEi This form, approved by the
s r< quired for use of the Clerk of Court for the purpose of
"AUG 04 2014
Has this action, case, orproceeding, orone essentially thesamebeen prejviqusly fjlpd
Ifyes, wasthis case Vol.Q Invol. Dismissed. No Yes If y|es give^te
IS THIS AN INTERNATIONAL ARBITRATION CASE? No [x] Yes [J
in SDNY at any time? Na^jVesQjudge Previously Assigned
& Case No.
(PLACEAN[x] INONEBOXONLY) NATURE O
I ] no
I 1120
[ 1130
[ 1140
I 1150
I 1151
[ ]152
[1153
[ 1160
! 1190
[ 1195
[1196
PERSONAL INJURY
[ ] 310 AIRPLANE
[ ] 315 AIRPLANE PRODUCT
LIABILITY
[ ] 320 ASSAULT, LIBEL&
SLANDER
[ ] 330 FEDERAL
EMPLOYERS'
LIABILITY
[ ] 340 MARINE
[ ] 345 MARINEPRODUCT
LIABILITY
[ ] 350 MOTOR VEHICLE
[ ] 355 MOTORVEHICLE
PRODUCT LIABILITY
[ ] 360 OTHER PERSONAL
INJURY
[ ] 362 PERSONAL INJURY -
MED MALPRACTICE
PERSONAL INJURY
[ ] 367 HEALTHCARE/
PHARMACEUTICAL PERSONA.
INJURY/PRODUCT LIABILITY
[ J 365 PERSONAL INJURY
PRODUCT LIABILI
[ ] 368 ASBESTOS PERSONAL
INJURY PRODUCT!
LIABILITY
PERSONAL PROPERTY
[ ] 370 OTHER FRAUD
[ ] 371 TRUTH INLENDING
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
ACTIONS UNDER STATUTES
CIVIL RIGHTS
[ ] 440 OTHER CIVILRIGHTS
(Non-Prisoner)
[ ] 441 VOTING
[ ] 442 EMPLOYMENT
[ j 443HOUSING/
ACCOMMODATIONS
[ ] 445 AMERICANS WITH
DISABILITIES -
EMPLOYMENT
[ ] 446 AMERICANS WITH
DISABILITIES -OTHER
I ] 448 EDUCATION
[ ] 380 OTHER PERSONAL
PROPERTY DAMAtSE
[ ] 385 PROPERTY DAMAGE
PRODUCT LIABILITY
PRISONER PETITIONS
[ ] 463 ALIEN DETAINEE
[ ] 510 MOTIONS TO
VACATE SENTEN$E
28 USC 2255
[ ] 530 HABEASCORPUS
[ ] 535 DEATHPENALTY
[ ] 540 MANDAMUS &OTHfR
REAL PROPERTY
I 1210
220
230
240
245
LAND
CONDEMNATION
FORECLOSURE
RENT LEASE &
EJECTMENT
TORTS TO LAND
TORT PRODUCT
LIABILITY
ALL OTHER
REAL PROPERTY
Checkif demanded incomplaint:
CHECK IF THIS IS ACLASS ACTION
UNDERF.R.C.P. 23
PRISONER CIVIL RIGHTS
t ) 550 CIVIL RIGHTS
[ ] 555 PRISONCONDITION
[ J 560 CIVILDETAINEE
CONDITIONS OFCONFINEMENT
3UIT
FORFEITURE/PENALTY
[]K|5
sei:
I 16*
DRUG RELATED
RE OF PROPERTY
!1 USC 881
OTHER
[]
117;
710 FAIR LABOR
STANDARDS ACT
LABOR/MGMT
RELATIONS
RAILWAY LABOR ACT
I FAMILY MEDICAL
ACT (FMLA)
OTHER LABOR
LITIGATION
EMPLRETINC
SECURITY ACT
75
I ]-
[ l
LEA
I V
I V>
IMMIG1ATION
I ] 46 2 NATURALIZATION
APPLICATION
OTHER IMMIGRATION
ACTIONS
ACTIONS UNDER STATUTES
BANKRUPTCY OTHER STATUTES
I J 375 FALSE CLAIMS
[ ] 422 APPEAL [ J400 STATE
28 USC 158 REAPPORTIONMENT
[ ] 423 WITHDRAWAL [ ] 410 ANTITRUST
28 USC 157 [ ] 430 BANKS&BANKING
[ ] 450 COMMERCE
[ ] 460 DEPORTATION
PROPERTY RIGHTS ( ] 470 RACKETEER INFLU
ENCED & CORRUPT
[ ] 820 COPYRIGHTS ORGANIZATION ACT
( ] 830 PATENT (RICO)
M 840 TRADEMARK [ ] 480 CONSUMER CREDIT
[ ] 490 CABLE/SATELLITE TV
SOCIAL SECURITY [ ] 850 SECURITIES/
COMMODITIES/
[ ]861 HIA(1395ff) EXCHANGE
[ J 862 BLACKLUNG (923)
[ ] 863 DIWC/DIWW(405(g))
[ ] 864 SSID TITLEXVI
[ ] 865 RSI (405(g)) i ] 890 OTHER STATUTORY
ACTIONS
( ] 891 AGRICULTURAL ACTS
FEDERAL TAX SUITS
[ ] 870 TAXES (U.S. Plaintiff or ( ] 893 ENVIRONMENTAL
Defendant) MATTERS
[ ] 871 IRS-THIRD PARTY [ I 895 FREEDOM OF
26 USC 7609 INFORMATION ACT
[ ] 896 ARBITRATION
[ ] 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION
[ ] 950 CONSTITUTIONALITY OF
STATE STATUTES

DEMAND $150,000 OTHER '"junction

fFSOsV
JUDGE
MTHIS
M
CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?
DOCKET NUMBER
CheckYES only ifdemanded in complaint
JURY DEMAND: DYES SsiO NOTE: You inu it also submit at the time of filingthe Statement of Relatedness form (Form IH-32).
(PLACEAN x IN ONE BOXONLY) 0,RIGI|\
H 1 Original U 2 Removed from Lj 3 Remanded LJ 4
Proceeding state Court from
a. all parties represented Court"3'6
I | b. At least one
party is pro se.
(PLACEAN x IN ONEBOXONLY) BASIS Of
1 U.S. PLAINTIFF Q2 U.S. DEFENDANT [x] 3 FEDERAL QU =9TION
(U.S. NOT A FARTY)
ftteiijistated or Lj 5 Transferred from [~J 6 Multidistrict
deepened (Specify District) Litigation
I I 7 Appeal to District
Judge from
Magistrate Judge
Judgment
JURISDICTION
4 DIVERSITY
IF DIVERSITY, INDICATE
CITIZENSHIP BELOW.
CITIZENSHIP OF PRINCIPAL PARTIES
(Place an [X] in one box for Plaintiffand one box for Defendant)
[FOR DIVERSITY CASES ONLY)
PTF DEF
CITIZEN OF THIS STATE [ ] 1 [ ] 1
CITIZEN OF ANOTHER STATE [ ] 2 [ ] 2
CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY
INCORPORATED or PRINCIPAL
OF BUSINESS IN THIS STATE
PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)
Lenny Kravitz, c/o Dorothy M. Weber, Esq. of Shukat Arrow Hafer Weber &Herbsman, LLP,
494 Eighth Avenue, 6th Floor, New York, New Yofk 10001
DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)
Cinder Block, LLC, 7677 Oakport Street, Suite 11M
DEFENDANT(S) ADDRESS UNKNOWN
REPRESENTATION IS HEREBY MADETHAT, AT THIS TIME, I HAV|E BEEN
RESlBiNCE ADDRESSES OF THE FOLLOWING DEFENDANTS:
Check one: THIS ACTION SHOULD BE ASSIGNED TO:
(DO NOT check either box if this a PRISONER
COMPLAINT.)
VTE 08a04/20 14 |RATI1R OFATTORNEY OKRECOI
3lace:
PTF DEF
[ ]3[ ]3
[ ]4[ ]4
PTF DEF
INCORPORATED and PRINCIPAL PLACE [ ] 5 [ ] 5
OF BUSINESS IN ANOTHER STATE
FOREIGN NATION [ ]6 [ ]6
Oakland California 94621
UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
WHITE PLAINS
PETITION/IPF ISONER CIVIL RIGHTS
[x] MANHATTAN
)RNEY OKRECORB ADMITTED TO PRACTICE IN THIS DISTRICT
[ ] NO
[Xj YES (DATE ADMITTED Mo.06 Yr. 1982__j
Attorney Bar Code #4734
Magistrate Judge is to be designated bythe Clerk of the Cd)uft
Magistrate Judge
Ruby J. Krajick, Clerk of Court by. Deputy
UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)
is so Designated.
hrk, DATED
SHUKAT ARROW HAFER WEBER & HEBB$MAN, L.L.P
494 Eighth Avenue, 6th Floor
New York, New York 10001
(212) 245-4580
Dorothy M. Weber, Esq. (DW 4734)
Attorneys for Lenny Kravitz
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Lenny Kravitz,
Plaintiff,
Cinder Block, LLC , i * -w,
Defendant.
. Lenny Kravitz ("Kravitz"), by his it
Herbsman, LLP, as and for his Complair t
his own acts and upon information and pel:
as follows:
JUDGE FORREST
14 CV 604?
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, Shukat Arrow Hafer Weber &
upon knowledge with respect to
^ith respect to the acts of all others,
orneys
alleges
ief
JURISDICTION AND VENUE
1. This is an action for, inter
43(a) of the Lanham Act, 15 U.S.C.
under the Declaratory Judgment Act, 28
2. This Court has subject mattej: j
relating to trademark infringement, 28 XJJ.B-C
Court has supplemental jurisdiction pur^ijant
alia trademark infringement in violation of
and declaratory judgment arising
2201 et seq.
mattei- iuk-tisdiction of the federal claims
1125(
S. I
1331, 1338(a) and 1338(b). This
to 28 U.S.C. 1367(a), because all
other claims are so related to the federal cp.airois that they form part of the same
of operative facts,
pursuant to 28 U.S.C. 1391(b) because
anfcl/br has committed tortious conduct within
controversy and derive from a common nuqleub
3. Venue is proper in this Couift
Defendant has transacted business in
this judicial district, because the events
including, but not limited to sales and
Product, as defined hereinbelow, occurre
cr omissions giving rise to the claims,
di^tKbuiion of the infringing Kravitz
in part, in the Southern District of New
York.
PARTIES
4. Lenny Kravitz is a four-time
has earned multiple gold, platinum, doupl^
and which have sold over thirty eight (3$,p00
Although best known for his musical car$e|r
of major motion pictures , most notably ftis
more recently, "The Hunger Games", "Trie
Daniel's The Butler".
Grarimy Award winning musician who
platinum andtriple platinum albums,
000) million copies worldwide.
Mr. Kravitz has appeared in a number
screen debut in 2009 in "Precious" and,
Hue ger Games: Catching Fire" and "Lee
5. Defendant Cinder Block, LLC is a California Limited Liability
1140, Oakland, California 94621. It
whiih utilizes musicians' intellectual
Company located at 7677 Oakport Street
is in the business of creating merchandis|e
property rights.
NATURE OF THE ACTION
Suite
6. This action arises out of a njepchandise agreement betweenthe parties
The Agreement is construed under dated September 18, 2011 (the "Agreemen
")
1-
,g language regarding the Term of the New York law, and has clear and unambigiou
Agreement.
AS AND FOR A FIRST CLAIM AGAINST DEFENDANT
(Declaratory Judgment)
thd allegations set forth in paragraphs 1 7. Kravitz repeats and realleges
through 6 as if fully set forth herein.
8. The Agreement between the) p^artfl^s, terminated by its terms on March
18, 2013.
9. On July 16, 2014 Jason Grebiie, ijllie Chief Executive Officer of Cinder
Block , notwithstanding the clear terminlatjion
litigation against Kravitz, his manager a^i|l arty
which Kravitz wishes to sign a new deal
demandedpayment of the sum of One HMdreldl
Dollars.
10. Thus, an actual controversy
under the Agreement affecting Kravitz's
11. Kravitz seeks a declaration
has Arisen as to the rights and obligations
abilhty to contract with a third party.
f hi4 rights and obligations under the
terminated, as a matter of law, on
d)f the Agreement, threatened
new merchandising company with
bir his! upcoming tour. Greene also
Fifty Thousand ($150,000.00)
Agreement, and judgment that the Agreement
March 18, 2013.
12. Kravitz has no adequate re:medy
: -
at law.
AS AND FOR A SECOND CLAIM AGAINST DEFENDANT
(Violation of 43(^)
13. Kravitz repeats and reallege
through 12 as if fully set forth herein.
14. The name "Lenny Kravitz"
meaning and is immediately identifiable
endorsed or licensed by Mr. Kravitz. The
misappropriation and from use on unauthonz^
15. Defendant has unlawfully u^e>d, i'p.d
k>f
the
the Lanham Act)
allegations set forth in paragraphs 1 CsS
(the trademark") has acquired secondary
source of numerous products
'^raclbmark is entitled to protection from
goods and products,
continues to unlawfully use the
"Kravitz Product") after the Term
tjo ciiise confusion and/or mistake by
Akre^bient is in effect.
as the
Trademark in connection with merchandise (the
of the Agreement in a way which is likelj
falsely suggesting and implying that the
16. The aforesaid acts of Defendajnt
false and misleading descriptions and r
violation of Section 43(a) of the Lanham
17. The aforesaid acts of
bad faith.
constitute false designation of origin,
ebrlesefltations and unfair competition in
Alt, tt> U.S.C. 1125(a).
Defendajnt lkkve been intentional, willful and in
18. The acts and conduct of the Defendant has caused, and unless
restrained and enjoined by this Court wi
Plaintiff in that there is a likelihood of
harm cannot be adequately compensated
19. Plaintiff has no adequate
continue to cause, irreparable harm to
c6nifusi(|)n by the public. Such irreparable
measured by money alone,
at law.
or
edy rem
.. i..
20. By reason of the foregoing,
injunction enjoining Defendant from
the Lanham Act, and to an award of damla&es
Iflpintjiff is entitled both to a permanent
cont|iituiiig the aforesaid violations of 43(a) of
in an amount not less than three
times Defendant's profits or damages, whiqheypr is greater, and reasonable
attorney fees.
AS AND FOR A THIRD CLAIM AGAINST DEFENDANT
(Injunction)
21. Plaintiff repeats and reallege^ th^
1 through 20 with the same force and effect as
22. At all times herein Plaintiff was
allegations contained in paragraphs
if fully set forth herein.
is the owner of the Trademark. and
23. By Defendant's public sale
Defendant has violated Plaintiffs Tradeifrirk
of the merchandise with the Trademark,
24. Plaintiff has been irreparably
Trademark, and will continue to suffer ii
Defendant continues to publicly
WHEREFORE, for the foregoing Hasol>is> Plaintiff requests that the Court
grant the following relief:
1. That judgment entered thai tjhe contract terminated as a matter of
law;
2. Ordering Defendant to
derived from their acts of infringement a|n|I fo^
f-
interests.
damaged by Defendant's use of the
irp^paifkble damage in the future if
dissemiiialte merchandise with the Trademark.
accoinjit fd>i* all profits, gains and advantages
its other violations of law;
3. That all gains, profits and a^an^ges derived by Defendant from its
acts of infringement to be deemed to be
the Plaintiff;
4. Ordering Defendant to turn
are now within Defendant's ownership 01
he d in constructive trust for the benefit of
over all copies of the Kravitz Product that
dontrol, which were subject to the
Agreement;
5. Permanently enjoining and
and representatives from producing, mariufacitirin
marketing, promoting, advertising and/o^ (HheH-wise
which were subject to the Agreement, or
place, and from otherwise infringing the
6. That Plaintiff be awarded
restrainin ing Defendant, its agents, affiliates
g, printing, distributing, selling,
ise exploiting the Kravitz Product,
the foregoing activities to take CE.usmg
Trademark
his reasonable attorneys' fees and the costs
of this action from the Defendant; and
7. That the Court award Plaintiff si^h other general and special relief to
Appropriate, and as justice and equity which he may be entitled, as the Court dsems
require.
R3 pectfully submitted,
S flUK^T ARROWHAFER WEBER
&J HERDSMAN, LLP
BY:
Qkl^U
Dorothy M. W^er (DMW 4734)
494 Eighth Avenue, 6th Floor
New York, New York 10001
hone: (212) 245-4580
d|orothy@musiclaw. com
Attorneys for Lenny Kravitz