Case 1:13-cv-20830-MGC Document 1 Entered on FLSD Docket 03/08/2013 Page 1 of 19

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA

THE KEITH HARING FOUNDATION, INC. Plaintiff, v. Civil Action No. COLORED THUMB CORP; MICHAEL ROSEN and Defendants.

COMPLAINT AND JURY DEMAND Plaintiff The Keith Haring Foundation, Inc. (Plaintiff or Haring Foundation), by its attorneys, for its complaint against Defendants Colored Thumb Corp. and Michael Rosen (collectively, Defendants) hereby alleges as follows: Nature of the Claims 1. This is an action for willful trademark infringement, trademark dilution, copyright infringement, false advertising, cybersquatting, and false designation of origin under 15 U.S.C. 1114, 1125(a); 1125(c), 17 U.S.C. 101 et seq.. 2. The Haring Foundation is the successor-in-interest to and owner of the intellectual property of Keith Haring, the world famous artist. The Haring Foundations mission is to sustain, expand, and protect the legacy of Keith Haring, his art, and his ideals. The Haring Foundation supports not-for-profit organizations that assist children, as well as organizations involved in education, research, and care related to AIDS. Despite his death in 1990, artwork by Keith Haring continues to be in high demand, and The Haring Foundation has an active licensing

1
35217183v3

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program. There is also a strong market for Keith Harings original works, which sell for very significant sums (depending on the size of the work, the medium, and other factors). 3. Defendants are currently promoting and conducting an art show that purports to feature original works by Keith Haring and his friends. In fact, the overwhelming majority of the works are not by Keith Haring; they are counterfeits and/or infringements. Defendants are also offering these counterfeit and/or infringing works for sale, and may have already made sales of such works. Parties and Jurisdiction 4. Plaintiff The Haring Foundation is a New York not-for-profit corporation located at 676 Broadway, New York, NY 10012. 5. On information and belief, Defendant Colored Thumb Corp. is a Florida corporation with an address of 21550 NE 38th Ave., Apt. 905, Miami FL 33180. 6. On information and belief, Defendant Michael Rosen is an individual residing in Florida, and the president of Colored Thumb Corp. 7. This Court has subject matter jurisdiction because: (a) this is a civil action arising under the Trademark and Copyright Laws of the United States, Sections 43(a) and (d) of the Lanham Act, 15 U.S.C. 1114, 1125(a) and 1125(c), and 17 U.S.C. 101 et seq., jurisdiction being conferred in accordance with 15 U.S.C. 1121 and 28 U.S.C. 1331 and 1338(a); and (b) this Court has supplemental jurisdiction of Plaintiffs state and common law claims pursuant to 28 U.S.C. 1367(a) and 1338(b). 8. This Court has personal jurisdiction over Defendants because Defendants conduct business in Florida and in this judicial district. In addition, Defendants have committed tortious

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acts that have caused injury within the State and within this judicial district, and the claims alleged arise out of such tortious acts. 9. Venue is proper in this District under 28 U.S.C. 1391(b)). Facts Common to All Counts Harings Intellectual Property 10. Keith Haring (1958 1990) was an American artist and social activist. Between 1982 and 1989 he created more than 50 public works in dozens of cities around the world, including New York, Amsterdam, Paris, Phoenix, and in Berlin on the Berlin Wall at the Brandenburg Gate. His work has been the subject of several international retrospectives, including a 1997 retrospective at the Whitney Museum of Art in New York that traveled to several cities in North America (including Miami), major retrospectives in Europe (the largest of which opens next month at the Musee dArt Moderne in Paris, France) and an exhibition of early work at the Brooklyn Museum (March July, 2012). 11. In 1989, Keith Haring established The Haring Foundation to ensure that his philanthropic legacy would continue indefinitely. In addition, before his death, he charged The Haring Foundation with maintaining and protecting his artistic legacy. The Haring Foundation maintains a collection of Keith Harings art along with archives that facilitate historical research about him and the times and places in which he lived and worked. 12. The Haring Foundation now owns virtually all intellectual property rights relating to Keith Haring. The Haring Foundation owns, inter alia, the following U.S. Trademark Registrations:

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Mark

Reg. No. 2,413,748

Goods/Services Magnets; printed matter, namely art prints, posters and postcards; paper and plastic bags for packaging; tissue paper and cardboard boxes; tote bags and knapsacks; clothing, namely t-shirts, sweatshirts, caps and jackets. Printed matter, namely art prints, posters, postcards, calendars, coloring books, children's books, picture books and museum catalogs; general purpose plastic pouches for packaging and storing assorted personal items; clothing, namely tshirts, sweatshirts, caps, ties and jackets; ornamental novelty buttons Jewelry; namely, earrings and pendants; Printed matter; namely, art prints, posters and postcards; Clothing; namely, tshirts, sweatshirts, caps and jackets

KEITH HARING

1,796,338

1,755,211

1,968,522

Printed matter, namely art prints, postcards, note cards, posters, books, calendars, note books, stickers, children's books, coloring books, books in the field of art, and catalogs in the fields of art and clothing

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1,980,907

Printed matter, namely art prints, postcards, note cards, posters, calendars, note books, stickers, children's books, coloring books and books in the field of art and catalogs in field of art and clothing

2,513,868

Magnets; earrings, pendants, tie clips and cuff links; printed matter, namely art prints, posters, and post cards; clothing, namely t-shirts, sweatshirts, caps, jackets, and ties.

3,122,922

Printed matter, namely, art prints, postcards, notecards, posters, stickers, books in the field of art, stationery, calendars, pencils, pens, pencil cases, writing instruments, journals with blank pages for writing, coloring books, binders

3,500,282

Printed matter, namely, art prints, postcards, notecards, books and catalogs in the field of art, calendars, and notebooks; clothing, namely, t-shirts; Ornamental novelty pins and buttons

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2,513,868

Computer mousepads and cd cases; Jewelry, namely, earrings, pendants, pins, bracelets and watches, cuff links, tie tacks; Printed matter, namely, art prints, postcards, notecards, posters, stickers, books in the field of art, stationery, calendars, coloring books, blank writing journals; pouches, namely, general purpose plastic pouches for packaging and storing assorted personal items, shopping bags made of plastic and paper; School bags, school satchels, backpacks, totebags, beach bags, sports bags, haversacks; umbrellas; Bowls, dishes, plates, serving platters, sugar bowls, cups, mugs, drinking glasses, drinking vessels, pitchers, tea and coffee services not of precious metal, teapots not of precious metal, creamers, vases; Bed sheets, pillow cases, pillow shams, duvet covers, bed blankets, bed covers, namely, bed spreads, comforters, bed blankets, dust ruffles; coverlets, shower curtains, towels, wash clothes, beach towels; Clothing, namely, tshirts, tank tops, sweat shirts, sweat pants, shorts, hats, caps, jackets, scarves, raincoats, windbreakers, socks, shoes, boots, slippers, sandals, booties, belts, baby bibs not made of paper, rompers, and baby hooded sacks, namely, swaddling clothes and cloth infant wraps; Ornamental novelty pins and buttons; heat

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adhesive patches for decoration of textile articles; Toys, games, and play things, namely, yo yos, pull toys, dominoes, and playing cards

13. In addition, The Haring Foundation owns numerous copyright registrations for Harings artwork, including but not limited to: Title Birth Images Front Cover Notebook Coloring Books Swatch Design Oct. 1, 85 [Logo against family violence] Fusion Coin Collection Box Voguers Ball Chicago Logo 1989 3 Figures Holding Hands [Snake] Kingswood Cranbook Montreaux Jazz Festival TV With Wings DJ 84 DJ Four Corner Figures Dancing Dog Baby Fabric Design Fertility No. 5 Summit Drawing Front Cover Notebook Possible Inserts Pop Shop No. 6 Pop Shop No. 5 Running Man Logo Artist Sketchbook Batman Reg. No. VA 1-444-701 VA 1-444-727 VA 1-444-741 VA 1-444-736 VA 1-146-507 VA 1-146-509 VA 1-146-515 VA 1-146-517 VA 1-146-529 VA 1-146-532 VA 1-202-994 VA 1-202-999 VA 1-203-000 VA 1-203-008 VA 1-203-009 VA 1-203-010 VA 1-203-506 VA 1-212-369 VA 1-444-726 VA 1-444-727 VA 1-099-586 VA 1-156-670 VA 1-156-669 VA 1-146-524 VA 1-212-383

14. Since the mid-1980s, sales of artwork and licensed products bearing Keith Harings signature and distinctive characters and elements have generated over $30 million. As a result of Keith Harings renown, his legacy, and the playful, whimsical nature of his art, works containing

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Keith Harings signature and/or his distinctive characters and elements are immediately recognized by the public as originating with Keith Haring and/or authorized by Plaintiff. The Haring Foundation has strong and valuable trademark rights in Harings signature and his distinctive characters and elements, and those marks have become famous within the meaning of 15 U.S.C. 1125(c).

Defendants Actions 15. Defendants are currently promoting and conducting an art show at the Moore Building in Miami, titled Haring Miami. This show is subtitled A Celebration of the Life & Art of Keith Haring. The show takes place from March 7-10, 2013, with a VIP opening on the evening of March 6. The web site that promotes the show, www.haringmiami.com, features an image of Keith Harings artwork called Retrospect from 1989, which consists of multiple squares of different images. 16. The overwhelming majority of the works featured at the show are not genuine Haring artworks. Rather, they are fakes, forgeries, counterfeits, and/or infringements. 17. Defendants appear to acknowledge that not all of the works are genuine. At the very bottom of Defendants website, there is the word Disclaimer that is clearly not designed to be noticeable. If a user clicks on this word, one is taken to a page that lists five general disclaimers about attendance at the show. The bottom of this page states: The art in this catalog may be by the artist Keith Haring or from his circle of friends. In that this is an expansive Exhibit, some of the artwork has not been submitted or examined by the Keith Haring Foundation for authenticity. Although every effort has been made to research the authenticity of the artwork, the promoter of this show, the owners and publisher of this catalog and curator cannot and does not guarantee the authenticity of the works. The works in this show are all from creditable private collections for

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your viewing pleasure and charitable educational experience. Some of the artwork in this catalog may be controversial. The show is meant to be an exploration of the work of Keith Haring and his friends and their influence on art. The pieces here may have been created by Keith Haring or his inner circle of collaborators. The promoters of Haring Miami, and the art owners, the curator and their agents are not affiliated with the Keith Haring Foundation or any entity related to their organization. Some of the works have been submitted and approved by the Foundation; some have been submitted and not authenticated by them with a caveat that they reserve their right to possibly authenticate the pieces upon further examination. Others have not been submitted. 18. This hidden Disclaimer fails to note that many of the works have been submitted to The Haring Foundation for authenticity and were found to be inauthentic. Many works featured in Defendants show that purport to be by Keith Haring were submitted to The Haring Foundation for authentication in 2007 by a collector named Liz Bilinski. The Haring Foundation advised Ms. Bilinski that the works were not authentic. 19. A representative of The Haring Foundation visited the show on opening night (March 6, 2013), and closely examined all the works in the exhibition. Out of the entire four floors of exhibited works, approximately 8 works were real works of Haring, including some prints, one acrylic on canvas, and one sculpture. Thus, the overwhelming majority of the works exhibited were works not created by Haring. 20. Additional works, including fake works, appear in the catalogue of the show. Every work appearing in the catalogue is fake except for two works. One appears on the interior cover of the catalogue entitled Growing, and the other on the following page, which is untitled but consists of a detail from a canvas painting on a tent. 21. More than 200 people attended the opening of the show. Many in attendance believed that the art being displayed was by Keith Haring.

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22. Some of the works at the show are for sale, and The Haring Foundation representative in attendance was told to email defendant Michael Rosen if he was interested in purchasing any of the works. Two email addresses were provided to get in contact with Mr. Rosen. 23. At the show, there are approximately 80 works of acrylic on canvas, some of which are quite large. All but one of the acrylics on canvas are fake. Each of these works of art, if they were real Haring works, would be worth in the range of $500,000 to $1 million dollars. 24. Putting such works of art into the market will cause enormous and irreparable damage to The Haring Foundation. Sales of poor quality works purporting to be authentic Keith Haring work depress the value of the work because it discredits the genius and innovative nature of the authentic artwork, people can buy the fake artwork cheaply and people also come to regard Haring's work as amateurish because of poor quality fakes, such as are being shown at Haring Miami. Further, if not stopped, the market could be flooded with these fakes. And, once they hit the market, they will be extremely difficult if not impossible to track down and control. They will defraud investors and collectors who, among other things, purchase authentic artworks from the Foundations representatives. It would destabilize the market for authentic Keith Haring artwork. For example, if the approximately 80 acrylic works on canvas in the show were real Harings, their collective value would be more than $40 million. In fact, they are poor quality fake Harings and infringements of copyrighted and trademarked Haring artworks. Since there are so many, their entry into the market would certainly have an effect on the sale and the price of real Haring artwork. 25. On information and belief, Defendants are promoting, displaying and/or selling works in the following categories:

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(i)

works that are outright forgeries, bearing a fake signature by Keith Haring and purporting to be works by Keith Haring, but are works of a third party; works that do not bear a signature by Keith Haring but nonetheless are presented as works by Keith Haring, but are works of a third party; works that may purport to be by a third party or are ambiguous as to the artist, but contain copied elements of Keith Harings artwork. The Effects of Defendants Unlawful Activities

(ii)

(iii)

26. Defendants unauthorized and misleading use of Keith Harings name, as well as the promotion, display, offering for sale, and sale of forgeries are unauthorized, infringing, and likely to confuse consumers. 27. On information and belief, Defendants acts as described herein have already caused actual confusion among attendees of Defendants show. 28. As a direct and proximate result of Defendants actions, Plaintiff has suffered irreparable injury for which there is no adequate remedy at law and, absent injunctive relief, Plaintiff will continue to suffer irreparable injury for which there is no adequate remedy at law. 29. Defendants foregoing actions have caused Plaintiffs to suffer damages, including but not limited to loss of goodwill. 30. On information and belief, Defendants acts have been willful, wanton, intentional, and purposeful, or in reckless disregard of, or with callous indifference to, Plaintiffs rights. 31. Defendants unauthorized and unlawful acts have resulted in unlawful profits to Defendants and have caused Defendants to be unjustly enriched. COUNT I Federal Trademark Infringement 15 U.S.C. 1114 32. Plaintiff realleges the allegations of Paragraphs 1 through 31 of this Complaint as though fully set forth herein.

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33. Defendants use of the marks KEITH HARING and multiple other registered trademarks of Harings images belonging to Plaintiff in connection with the promotion, display, offer for sale, and sale of works that do not originate with Keith Haring is likely to cause confusion, mistake, or deception as to the source or affiliation of Defendants works. Specifically, Defendants use is likely to cause attendees, purchasers, or others to mistakenly believe that the artwork displayed, offered for sale, and sold at, through, or as a result of Defendants show are original to Keith Haring. 34. Defendants use of the marks KEITH HARING and multiple other trademarks of Harings images belonging to Plaintiff violates Plaintiffs exclusive rights in those designations and constitutes trademark infringement in violation of 15 U.S.C. 1114 and Florida common law. 35. Defendants use of KEITH HARING and multiple other trademarks of Harings images belonging to Plaintiff is greatly and irreparably damaging to Plaintiff and will continue to greatly and irreparably damage Plaintiff unless restrained by this Court. As a result, Plaintiff is without an adequate remedy at law. 36. Defendants acts have been willful, wanton, intentional, purposeful and in deliberate disregard of Plaintiffs rights, entitling Plaintiff to immediate and permanent injunctive relief, damages, Defendants profits, punitive damages, reasonable attorneys fees and costs. 37. Defendants foregoing actions also have caused Plaintiff damages in an amount yet to be determined.

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COUNT II Federal False Designation of Origin and Unfair Competition 15 U.S.C. 1125(a) 38. Plaintiff realleges the allegations of Paragraphs 1 through 37 of this Complaint as though fully set forth herein. 39. Defendants use of the marks KEITH HARING and multiple other indicia of Haring belonging to Plaintiff in connection with the promotion, display, offer for sale, and sale of works that do not originate with Keith Haring is likely to cause confusion, mistake, or deception as to the source or affiliation of Defendants works. Specifically, Defendants use is likely to cause attendees, purchasers, or others to mistakenly believe that the artwork displayed, offered for sale, and sold at or through Defendants show are original to Keith Haring. 40. Defendants use of the marks KEITH HARING and multiple other trademarks of Harings images belonging to Plaintiff violates Plaintiffs exclusive rights in those designations and constitutes false designation of origin and unfair competition in violation of 15 U.S.C. 1125(a). 41. Defendants use of KEITH HARING and multiple other trademarks of Harings images belonging to Plaintiff is greatly and irreparably damaging to Plaintiff and will continue to greatly and irreparably damage Plaintiff unless restrained by this Court. As a result, Plaintiff is without an adequate remedy at law. 42. Defendants acts have been willful, wanton, intentional, purposeful and in deliberate disregard of Plaintiffs rights, entitling Plaintiff to immediate and permanent injunctive relief, damages, Defendants profits, punitive damages, reasonable attorneys fees and costs. 43. Defendants foregoing actions also have caused Plaintiff damages in an amount yet to be determined.

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COUNT III Federal Trademark Dilution 15 U.S.C. 1125(c) 44. Plaintiff realleges the allegations of Paragraphs 1 through 43 of this Complaint as though fully set forth herein. 45. Through widespread use and world renown, the KEITH HARING and multiple other trademarks of Harings images belonging to Plaintiff have become famous trademarks within the meaning of 15 U.S.C. 1125(c). 46. Defendants use of the marks KEITH HARING and multiple other trademarks of Harings images belonging to Plaintiff in connection with the promotion, display, offer for sale, and sale of works that do not originate with Keith Haring is likely to dilute the distinctive quality of Plaintiffs famous trademarks in violation of 15 U.S.C. 1125(c). 47. Defendants use of KEITH HARING and multiple other trademarks of Harings images belonging to Plaintiff is greatly and irreparably damaging to Plaintiff and will continue to greatly and irreparably damage Plaintiff unless restrained by this Court. As a result, Plaintiff is without an adequate remedy at law. 48. Defendants acts have been willful, wanton, intentional, purposeful and in deliberate disregard of Plaintiffs rights, entitling Plaintiff to immediate and permanent injunctive relief, damages, Defendants profits, punitive damages, reasonable attorneys fees and costs. 49. Defendants foregoing actions also have caused Plaintiff damages in an amount yet to be determined. COUNT IV Federal False Advertising 15 U.S.C. 1125(a) 50. Plaintiff realleges the allegations of Paragraphs 1 through 49 of this Complaint as though fully set forth herein.

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51. In commercial advertising, Defendants have misrepresented the nature, characteristics, qualities, or geographic origin of its goods, services, and commercial activities in violation of 15 U.S.C. 1125(a)(1)(B). 52. Defendants false advertising as described herein is greatly and irreparably damaging to Plaintiff and will continue to greatly and irreparably damage Plaintiff unless restrained by this Court. As a result, Plaintiff is without an adequate remedy at law. 53. Defendants acts have been willful, wanton, intentional, purposeful and in deliberate disregard of Plaintiffs rights, entitling Plaintiff to immediate and permanent injunctive relief, damages, Defendants profits, punitive damages, reasonable attorneys fees and costs. 54. Defendants foregoing actions also have caused Plaintiff damages in an amount yet to be determined.

COUNT V Copyright Infringement- 17 U.S.C. 101 et seq.

55. Plaintiff realleges the allegations of Paragraphs 1 through 54 of this Complaint as though fully set forth herein. 56. Defendants acts of displaying, offering for sale, and selling works that consist of or contain copies of Keith Harings artwork, constitute willful copyright infringement and violate Plaintiffs exclusive rights under the U.S. Copyright Act, 17 U.S.C. 101 et seq. In particular, Defendants have infringed Plaintiffs registered copyrights.

COUNT VI Cybersquatting 57. Plaintiff realleges the allegations of Paragraphs 1 through 56 of this Complaint as though fully set forth herein.

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58. HARING is the personal name of Keith Haring, and a distinctive trademark owned by Plaintiff. 59. By wrongfully registering and using the domain name www.haringmiami.com in the manner described above, Defendants have, with a bad faith intent to profit, registered and used a domain name that is identical to and confusingly similar to the HARING trademark. 60. Defendants actions constitute cybersquatting in violation of 115 U.S.C. 1125(d). 61. Defendants registration and use of the www.haringmiami.com domain name is greatly and irreparably damaging to Plaintiff and will continue to greatly and irreparably damage Plaintiff unless this Court orders the transfer of the domain name to Plaintiff. As a result, Plaintiff is without an adequate remedy at law. 62. Defendants acts have been willful, wanton, intentional, purposeful and in deliberate disregard of Plaintiffs rights, entitling Plaintiff to immediate and permanent injunctive relief, damages, Defendants profits, punitive damages, reasonable attorneys fees, and costs.

Prayer for Relief WHEREFORE, Plaintiff respectfully prays for Judgment to be entered against Defendants as follows: A. Temporarily and preliminarily, during the pendency of this action, and

permanently, restraining and enjoining Defendants, their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them who receive actual notice thereof, jointly and severally: i. from advertising, displaying, selling, or offering for sale any works that

were not created by Keith Haring but bear any indicia of Keith Haring, such as the KEITH HARING signature, or any of other trademarks belonging to Plaintiff;

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ii.

from using on or in connection with any product or service or the sale,

offering for sale, distribution, advertising, or promotion of any product or service, or from using for any commercial purpose whatsoever, any false designation of origin or false description or representation or any other thing calculated or likely to cause confusion or mistake in the minds of the public or to deceive the public into the belief that works that are not original Keith Haring artworks are original Keith Haring artworks; iii. from directly or indirectly reproducing, adapting, distributing, publicly

displaying, transmitting, offering, advertising, marketing or otherwise exploiting, by any means, any material or product, in any form, bearing any unauthorized reproduction, imitation or simulation, in whole or in part, of any of Plaintiffs copyrighted works (whether now in existence or hereafter created), including but not limited the works covered by the Certificates of Registration referred to above; iv. acts; B. Temporarily and preliminarily, during the pendency of this action, and from causing, engaging in or permitting others to do any of the aforesaid

permanently, impound the infringing works pursuant to 17 U.S.C. 503(a); C. That Defendants be required to deliver to Plaintiff for destruction, all works that

violate Plaintiffs trademark rights as described herein pursuant to 15 U.S.C. 1118; D. Directing Defendants to file with the Court and serve upon counsel for Plaintiffs,

within thirty (30) days after entry of any temporary, preliminary, or permanent injunction issued by the Court in this action, a sworn written statement as provided in 15 U.S.C. 1116 setting forth in detail the manner and form in which Defendants have complied with the injunction;

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E.

Requiring Defendants and/or the registrars of the domain name

www.haringmiami.com to immediately transfer the domain name to Plaintiff or its designee; F. That Defendants account to Plaintiff for all gains, profits and advantages derived

from Defendants' wrongful acts; G. That Plaintiff recover from Defendants all Defendants' profits and all damages,

including lost profits, sustained by Plaintiff as a result of Defendants' wrongful acts, and such other compensatory damages as the Court determines to be fair and appropriate, pursuant to 15 U.S.C. 1117(a) and 17 U.S.C. 504; H. That, if elected by Plaintiff, Plaintiff recover from Defendants statutory damages

pursuant to 17 U.S.C. 504; I. Defendants; J. That Plaintiff recover from Defendants three times the amount of Defendants' That Plaintiff recover its costs and attorneys fees relating to this action from

profits or Plaintiff's damages, whichever is greater, pursuant to 15 U.S.C. 1117(b); and K. proper. Plaintiff demands a jury on all issues so triable. Granting Plaintiffs such other and further relief as the Court may deem just and

Dated: March 8, 2013

Respectfully submitted, PROSKAUER ROSE LLP Attorneys for Plaintiff 2255 Glades Road, Suite 421 Atrium Boca Raton, Florida 33431 Telephone: (561) 241-7400 Facsimile: (561) 241-7145 /s Jonathan Galler Matthew Triggs
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Florida Bar No. 0865745 mtriggs@proskauer.com Jonathan Galler Florida Bar No. 0037489 jgaller@proskauer.com -andSarah S. Gold (pro hac vice motion to be submitted) Margaret A. Dale (pro hac vice motion to be submitted) PROSKAUER ROSE LLP 11 Times Square New York, NY 10036 Telephone: (212) 969-3000 Facsimile: (212) 969-2900

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"'iS 44 (Rev. 2/08)

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS oN THE REVERSE oF THE FORM.) NOTICE: Attorneys MUST Indicate All Re-filed Cases Below.
I. (a) PLAINTIFFS DEFENDANTS

THE KEITH HARING FOUNDATION

(b) County of Residence of First Listed Plaintiff

COLORED THUMB CORP; MICHAEL ROSEN New York Corporation

County of Residence of First Listed Defendant
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT LAND INVOLVED.

(EXCEPT IN U.S. PLAINTIFF CASES)

(c) Attorney's (Firm

Name, Address, and Telephone Number)

Matthew Triggs, Esq., Proskauer Rose, LLP, 2255 Glades Road, Suite 421 Atrium, Boca Raton, FL 33431, (561) 241-7400

Attorneys

(If.Known)

(d)

Check County Where Action Arose: ,/J

MIAMI- DADE

0 MONROE

0 BROWARD

0 PALM BEACH

0 MARTIN

0 ST. LUCIE

0 INDIAN RIVER

0 OKEECHOBEE HIGHLANDS

II. BASIS OF JURISDICTION

CJ I U.S. Government Plaintiff

(Place an "X" in One Box Only)

{0

Federal Question (U.S. Government Not a Party)

III. CITIZENSHIP OF PRINCIPAL PARTIES(Piace an "X" in one Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) PTF DEF PTF DEF Citizen of This State 0 1 0 I Incorporated or Principal Place 0 0 4 of 8 usiness In This State
Citizen of Another State
0 0

U.S. Government Defendant

Diversity (Indicate Citizenship of Parties in Item III)

Incorporated and Principal Place of Business In Another State Foreign Nat ion

Citizen or Subject of a

IV
0 0 0 0 0 0 0

NATURE OF SUIT CONTRACT

0

(Place an "X" in One Box Only)

TORTS PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers' Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury CIVIL RIGHTS 441 Voting 442 Employment 443 Housing/ Accommodations 444 Welfare 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other PERSONAL INJURY 362 Personal Injury 0 Med. Malpractice 365 Personal Injury 0 Product Liability 368 Asbestos Personal 0 Injury Product Liability PERSONAL PROPERTY 3 70 Other Fraud 0 0 3 71 Truth in Lending 3 80 Other Personal 0 Property Damage 385 Property Damage 0 Product Liability
R

FORFEITURE/PENALTY
0 0 0 0 0 0 0 0 0 0 0 0 0 0
610 Agriculture

BANKRUPTCY
0 422 Appeal28 USC 158 0 423 Withdrawal 28 usc 157 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

OTHER STATUTES
400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit

110 Insurance I20 Marine

0 0 0 0 0 0 0 0 0 0 0

130 Miller Act 0 140 Negotiable Instrument 150 Recovery of Overpayment 0 & Enforcement of Judgment 151 Medicare Act 0 152 Recovery of Defaulted Student Loans 0 (Excl. Veterans) 0 153 Recovery of Overpayment of Veteran's Benefits 0 160 Stockholders' Suits 0 190 Other Contract I95 Contract Product Liability 0 196 Franchise REAL PROPERTY 210 Land Condemnation 0 220 Foreclosure 0 230 Rent Lease & Ejectment 0 240 Torts to Land 245 Tort Product Liability 0
290 All Other Real Property
0

PRISONER PETITIONS 510 Motions to Vacate Sentence Habeas Corpus: 0 530 General 0 535 Death Penalty
0 0 0 0

620 Other Food & Drug 625 Drug Related Seizure of Property 2I USC 881 630 Liquor Laws 640 R.R. & Truck 650 Airline Regs. 660 Occupational Safety/Health 690 Other LABOR 710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 730 Labor/M gmt.Reporting & Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl. Ret. Inc. Securit Act

PROPERTY RIGHTS 0 820 Copyrights 0 830 Patent iil 840 Trademark

SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS 0 870 Taxes (U.S. Plaintiff or Defendant) 0 87I IRS--Third Party 26 usc 7609
0 0 0 0 0

490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 usc 34IO 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act
895 Freedom oflnformation Act 900 Appeal of Fee Determination Under Equal Access to Justice

540 Mandamus & Other 0 550 Civil Rights

555 Prison Condition

0 0

0 440 Other Civil Rights

462 Naturalization Application 463 Habeas CorpusAlien Detainee 465 Other Immigration Actions

950 Constitutionality of State Statutes

V. ORIGIN

(Place an "X" in One Box Only)

,fJ

I Original Proceeding

Removed from State Court

Re-filed(see VI below)

4 Reinstated or Reopened

Transferred from 5 another district (specify)

Appeal to District 0 6 Multidistrict Litigation

0 7 Judge from Magistrate

Judgment

a) Re-filed Case 0 YES

VI. RELA TED/RE-FILED CASE(S).
(See instructions second page):

fiJ NO

b) Related Cases 0 YES VJNO

DOCKET NUMBER

JUDGE

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);
VII. CAUSE OF ACTION

15 U.S.C. 1114, 1125(a); 1125(c), 17 U.S.C. 101 et seq.

LENGTH OF TRIAL via 5 days estimated (for both sides to try entire case) DEMAND $ CHECK YES only if demanded in complaint: JURY DEMAND:
DATE

VIII. REQUESTED IN COMPLAINT:

CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23

Yes

No

ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE

FOR OFFICE USE ONLY AMOUNT

March 8, 2013
RECEIPT# IFP

Case 1:13-cv-20830-MGC Document 1-2 Entered on FLSD Docket 03/08/2013 Page 1 of 1

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

Southern District of Florida THE KEITH HARING FOUNDATION, INC.

) ) ) ) ) ) ) ) ) ) ) )

Plaintiff(s)

V.

Civil Action No.

COLORED THUMB CORP; MICHAEL ROSEN

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant's name and address) Colored Thumb Corp. 21150 Point PL, Apt. 905 Aventura FL 33180

A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it)- or 60 days ifyou are the United States or a United States agency, or an officer or emp1oyeeofthe United States described in Fed. R. Civ. P. 12 (a)(2) or (3) -you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Matthew Triggs, Esq. Proskauer Rose LLP 2255 Glades Road, Suite 421 Atrium Boca Raton, FL 33431
(561) 241-7400

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:

--------------------

Signature of Clerk or Deputy Clerk

Case 1:13-cv-20830-MGC Document 1-3 Entered on FLSD Docket 03/08/2013 Page 1 of 1

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

Southern District of Florida THE KEITH HARING FOUNDATION, INC.

) ) ) ) ) ) ) ) ) ) ) )

Plaintiff(s)

v.
COLORED THUMB CORP; MICHAEL ROSEN

Civil Action No.

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant's name and address) Michael Rosen 21150 Point PL, Apt. 905 Aventura FL 33180

A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it) -or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3)- you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Matthew Triggs, Esq. Proskauer Rose LLP 2255 Glades Road, Suite 421 Atrium Boca Raton, FL 33431
(561) 241-7400

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk