JS 44C/SDNY

REV. 4/2014
CIVIL COVE
The JS-44 civil cover sheet and the information contained herein
pleadings or other papers as required by law, except as provided
Judicial Conference of the United States in September 1974, is
initiating the civil docket sheet.
IEET
neither replace nor supplement the filing and service of
by local rules of court. This form, approved by the
riquireoj for useoftheClerk ofCourt for the purpose of
PLAINTIFFS
Sydney Albertini
JUDGE **OOeRCK
ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER
Clarick Gueron Reisbaum LLP
220 Fifth Ave., 14th Floor, New York, NY 10001
212.633.4310
DEFENDANTS
Beneit Cosmetics, LLC
ATTORNEYS
"JUL 2 8 2014
m CV 579
8
CAUSE OF ACTION (CITE THEU.S. CIVIL STATUTE UNDER WHICH YOU AREFILING AND WRITE ABRIEFSTATEMENT OF CAUSE)
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)
17 USC 501
Has this action, case, orproceeding, orone essentially the same been previously filed in SDNY at any time? NcHfesIUudge Previously Assigned
If yes, wasthis case Vol. [~J Invol. [~J Dismissed. No [~J Yes [~J If yes, (|ive dbte &Case No.
IS THIS AN INTERNATIONAL ARBITRATION CASE? No 0 Yes [~J
(PLACEANM INONEBOXONLY)
TORTS
[ I no
I 1120
I 1130
I 1140
t ] 150
[ ]151
I 1152
[ ]153
[ 1160
( ]190
I 1195
[ 1196
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
PERSONAL INJURY
[ ] 310 AIRPLANE
[ I 315 AIRPLANE PRODUCT
LIABILITY
[ ] 320 ASSAULT, LIBEL&
SLANDER
[ J 330 FEDERAL
EMPLOYERS'
LIABILITY
[ J 340 MARINE
[ ] 345 MARINE PRODUCT
LIABILITY
[ ] 350 MOTOR VEHICLE
[ ] 355 MOTOR VEHICLE
PRODUCT LIABILITY
[ ] 360 OTHER PERSONAL
INJURY
[ J 362 PERSONAL INJURY -
MED MALPRACTICE
ACTIONS UNDER STATUTES
CIVIL RIGHTS
[ J 440 OTHER CIVILRIGHTS
(Non-Prisoner)
[ ] 441 VOTING
[ 1442 EMPLOYMENT
[ ] 443 HOUSING/
ACCOMMODATIONS
[ 1445 AMERICANS WITH
DISABILITIES -
EMPLOYMENT
[ ]446 AMERICANSWITH
DISABILITIES -OTHER
[ ] 448 EDUCATION
REAL PROPERTY
I 1210
220
230
240
245
[ ]290
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
UNDER F.R.C.P. 23

DEMAND $750,000 OTHER.

Check YES onlyifdemandedincomplaint
JURY DEMAND: S YES LNO
NATURE OF SUIT
PERSONAL INJURY
[ ] 367 HEALTHCARE/
PHARMACEUTICAL PERSONAL Lj 625 hRUG RELATED
INJURY/PRODUCT LIABILITY F r
[ ] 365 PERSONAL INJURY
PRODUCT LIABILITY
[ ] 368 ASBESTOS PERSONAL
INJURY PRODUCT
LIABILITY
PERSONAL PROPERTY
[ 1370 OTHER FRAUD
[ ] 371 TRUTH IN LENDING
[ j 380 OTHER PERSONAL
PROPERTY DAMAGE
[ ] 385 PROPERTY DAMAGE
PRODUCT LIABILITY
PRISONER PETITIONS
[ I 463 ALIEN DETAINEE
[ ] 510 MOTIONS TO
VACATE SENTENCE
28 USC 2255
[ ] 530 HABEAS CORPUS
[ ] 535 DEATH PENALTY
[ j 540 MANDAMUS &OTHER
PRISONER CIVIL RIGHTS
[ ] 550 CIVIL RIGHTS
[ ] 555 PRISON CONDITION
[ 1 560 CIVIL DETAINEE
CONDITIONS OF CONFINEMENT
FORFEITURE/PENALTY
SEIZURE OF PROPERTY
;i1 USC 881
[ ] 690 OTHER
=AIR LABOR
STANDARDS ACT
.ABOR/MGMT
RELATIONS
RAILWAY LABOR ACT
FAMILY MEDICAL
HCT (FMLA)
LABOR
: 1710
: 1720
; ]740
I 1 751
LEAVE
790 pTHER LABOR
LITIGATION
1791 EMPL RETINC
SECURITY ACT
IMMIGRATION
] 462 NATURALIZATION
APPLICATION
] 465 CITHER IMMIGRATION
ACTIONS
ACTIONS UNDER STATUTES
BANKRUPTCY OTHER STATUTES
1 1 375 FALSE CLAIMS
( J400STATE [ ] 422 APPEAL
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
\)i 820 COPYRIGHTS ORGANIZATION ACT
[ J 830 PATENT (RICO)
[ ] 840 TRADEMARK [ J 480 CONSUMER CREDIT
[ 1490 CABLE/SATELLITE TV
SOCIAL SECURITY [ 1850 SECURITIES/
COMMODITIES/
1 J861 HIA(1395ff) EXCHANGE
[ ] 862 BLACK LUNG (923)
[ ] 863 DIWC/DIWW (405(g))
[ ] 864 SSID TITLE XVI
[ ] 865 RSI (405(g)) [ 1890 OTHER STATUTORY
ACTIONS
[ 1891 AGRICULTURAL ACTS
FEDERAL TAX SUITS
[ J 870 TAXES (U.S. Plaintiff or [ 1893 ENVIRONMENTAL
Defendant) MATTERS
[ ] 871 IRS-THIRD PARTY t ] 895 FREEDOM OF
26 USC 7609 INFORMATION ACT
[ ] 896 ARBITRATION
[ ] 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION
[ 1950 CONSTITUTIONALITY OF
STATE STATUTES
CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?
DOCKET NUMBER
""HIS
JUDGE
NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).
(PLACEAN x INONEBOXONLY) ORIGIN
D 2 Removed from LI 3 Remanded LI 4 Reinstated
State Court from
["I a. .11 p.rti.srepresented Appellate
' Court
I | b. At least one
party is pro se.
(PLACEAN x INONEBOXONLY) BASIS OF
1 U.S. PLAINTIFF 2 U.S. DEFENDANT [x] 3 FEDERAL QUESTION
(U.S. NOT A PARTY)
H 1 Original
Proceeding Reopened
or [ I 5 Transferred from [~J 6 Multidistrict [~J 7 Appeal to District
(Specify District) Litigation Judge from
Magistrate Judge
Judgment
JURISDICTION
Q4 DIVERSITY
IFDIVERSITY, INDICATE
CITIZENSHIP BELOW.
CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)
(Place an [X] in one box for Plaintiff and one box for Defendant)
PTF DEF
CITIZEN OF THIS STATE [ ] 1 [ ] 1
CITIZEN OF ANOTHER STATE [ ] 2 [ ] 2
CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY
PTF DEF
[]3[]3
[ ]4[ ]4
PTF DEF
INCORPORATED and PRINCIPAL PLACE [ ] 5 [ ] 5
OF BUSINESS IN ANOTHER STATE
INCORPORATED or PRINCIPAL P|_ACE
OF BUSINESS IN THIS STATE
PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)
Sydney Albertini
18 Glenway
East Hampton, New York
(Suffolk County)
DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)
Benefit Cosmetics, LLC
225 Bush St.
San Francisco, CA
(San Francisco County)
DEFENDANT(S) ADDRESS UNKNOWN
REPRESENTATION IS HEREBY MADE THAT, ATTHIS TIME, I HAVE Br$EN LfNABLE, WITH REASONABLE DILIGENCE, TOASCERTAIN
RESldENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:
FOREIGN NATION
Checkone: THIS ACTION SHOULD BE ASSIGNED TO: WHITE PLAINS [xj MANHATTAN
(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS
COMPLAINT.) .
DATE /^S^OH^^^et^UREOBA-rTe^EYpRaECORD
RECEIPT # " ^
]6
ADMITTED TO PRACTICE IN THIS DISTRICT
[ ] NO
W YES (DATE ADMITTED Mo.1 Yr. 1993 )
Attorney Bar Code # GC5898
Magistrate Judge isto be designated by the Clerk ofthe Objm&i^
Magistrate Judge
vn>avrOtf
is so Designated.
Ruby J. Krajick, Clerk of Court by. Deputy Clerk, DATED.
UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)
Clear Form Save Print
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
SYDNEY ALBERTINI,
Plaintiff,
14 CV 5?
No.
ECF Case
COMPLAINT
BENEFIT COSMETICS, LLC, _Aa&0^
juoG
etv
JURY TRIAL DEMANDED
Defendant.
Plaintiff Sydney Albertini, by and through her jandersigned attorneys, Clarick Gueron
Reisbaum LLP, for her complaint against defendant Benefit Cosmetics, LLC, alleges as follqvgs, c/>
ui f:~i o
she witnessed, and on informaticrcv;and " Z~~^
r y ~n
belief as to all other matters
on knowledge as to herself, her own acts, and acts that
-o
Nature of the Action
r-o
1. This case arises from the brazen, im:enti|onaI infringement of an artist's
copyrighted work by a multimilliondollar cosmetics company, which used its infringing
imitations of the artist's original design to brand its worldwide business. Defendant Benefit
Cosmetics, LLC ("Benefit") unlawfully copied plaintiffSydney Albertini's original wallpaper
design and, without her permission, used it throughout its stores, its products, and its online
presence, both in the United States andthrough its international affiliatesaround the globe.
Albertini brings this action to stop Benefit's unlawful ctonduct and to seek redress for the harm it
has caused, including by seeking payment of the damages she has sufferedand disgorgement of
Benefit's ill-gained profits fromits unauthorized, infringing use of her artwork.
on
iO
o
2. Sydney Albertini is a successful painter and sculptor, who from time to time has
created original wallpaper designs. In 2002, Albertini created her Southern Flowers wallpaper
design based uponthe background of a portrait she: previously had painted. The Southern
Flowers wallpaper comprises a copyrighted, original design consisting of a repeat of graphically
rendered, black-outlined white flowers, with black and white stems, set against a unique shade of
pink. Albertini's design attracted the attention of Benefit, which purchased 120 rolls of
Albertini's Southern Flowers wallpaper to decorate two of its stores in 2006.
3. Benefit, obviously fond of Albertini's design, determined to reproduce it across
its storesbut refused to do so lawfully. At first, Benefit approached the legitimate seller of the
wallpaper in an effort to buy more of it. Then, in 2011 (or perhaps earlier), Benefit abandoned
its efforts to purchase the wallpaper lawfully, and contacted an unrelated and unauthorized
wallpaper printer, asking it to copy Albertini's design. After that manufacturer refused, Benefit
found a willing accomplice. Inthe following years, Benefit produced wallpaper and images to
decorate dozens of its stores copying Albertini's original designunmistakably mimicking the
total look and feel of her distinctive artworkand, in slightlydiffering versions of its imitations,
literallycopying flowers and stems from Albertini's design.
4. Benefit did not limit its infringement to wallpaper. Benefit wrapped itself in
Albertini's design and branded its business worldwide with her artwork, placing the infringing
design on an array of products and promotional materials, including makeup bags, scarves, water
bottles, tweezers, trays holding makeup for sale, andeven on the shopping bags it gave
customers purchasing Benefit products:
Elements from Southern Flowers Bene^ concession, Sephora, NYC
Stemfrom Southern Flowers Benefit "Primp Mobile
', NYC Benefit USshopping bag
5. Benefit's wholesale use of Albertini's oriiginal design in its own wallpaper and
infringement under 17 U.S.C. 501, et seq.
g infringement, to recover hundreds of
as a result of Benefit's unlawful conduct,
[lions of dollars in profits that Benefit has
marketing materials amounts to intentional copyright
Albertini brings this action to stop Benefit's continjuin
thousands of dollars in damages that she has suffered
and for an award of disgorgement of potentially mi
reaped as a direct result of its infringement of Albejrtin
The Parties
j's designs.
individual 6. Plaintiff Sydney Albertini is an indi
NewYork. Albertini is a successful artist working
sculpture, and mixed media. Albertini also has maile
Southern Flowers wallpaper design at issue in this
7. Defendant Benefit Cosmetics, LLC
its principal place of business located at 225 Bush
al residing at 18 Glenway, East Hampton,
in dn arrayof media, including painting,
original wallpaper designs, including the
action,
is a California limited liability company with
Street, San Francisco, California. Benefit is a
well-known cosmetics and skincare manufacturer ^ind beauty services provider with annual
revenue of tens of millions of dollars. Benefit opejrate[> stores and concession counters
throughout the United States, including two boutiques in New York City, at 454 West Broadway
and 1301 Third Avenue.
8. Benefit's international affiliates operate: "Benefif'-branded boutiques and
3|5 concessions in more than 2,000 locations in over
affiliates include Benefit Cosmetics Ltd., Benefit
Hong Kong Limited, Benefit Cosmetics Ireland
Benefit Cosmetics SAS, Benefit Cosmetics Philiprj)
Inc., and Benefit Cosmetics South East Asia Pte
LVMH Moet Hennessy Louis Vuitton Inc., a Delajvaret
place of business located at 198 East 57th Street
Ltd
countries. Benefit's many international
(posrhetics Korea Limited, Benefit Cosmetics
., Benefit Cosmetics Malaysia Sdn Bhd,
ines Inc., Benefit Cosmetics Services Canada
Ltd. On information and belief, Benefit directs
its international affiliates' branding and promotional efforts.
9. Benefit and its international affiliates aije direct and/or indirect subsidiaries of
New
registered corporation with its principal
York, New York.
Jurisdiction And Venue
10. This Court has federal question jurisdiction over this action pursuant to 28 U.S.C.
1338.
11. This Court has personal jurisdiction
transacts business in New York City.
12. Venue is proper in this district pursuant to 28 U.S.C. 1391 because the
defendant resides in this district under the statutory definitions.
ovdr the defendant because it regularly
Background Facts
2002: Sydney Albertini Creates the Original Southern Flowers Wallpaper Design
': en 13. In 2002, Albertini painted a portrai
flowers," which included a distinctive and original bacjk
and-white flowers and leafy stems on asolid coloij fielld
14. After exhibiting self on blue/white and
the painting's background would make an attractiv
Accordingly, Albertini created a wallpaper design bas^d
Southern Flowers.
titled "self on blue/white and black
ground of graphically rendered black-
blackflowers, Albertini determined that
and saleablewallpaper design.
on that background, which she named
;e-
15. After creating theSouthern Flower; wallpaper design, Albertini arranged for
StudioPrintworks, of Hoboken, NewJersey, to handprint the wallpaper in seven different
colorways, including in pink. The pink hue of the
direction ofAlbertini, specially for the Southern Flowers wallpaper.
16. TheSouthern Flowers design in its pirk colorway consists of a pattern of white
flowers and black leafystems arranged against a pink background. The flowers are drawn with
graphic black outlines and are scattered across the background in varying sizes. The black leafy
stems appear in five variants. The leaf midribs of all five stems areoutlined andhighlighted in
white. Two ofthe five variants have solid black leaves; the other three variants have white leaf
veins. Acopyof the Southern Flowers wallpaper design in the pinkcolorway is attached as
Exhibit A.
17. Eachsheet of Southern Flowers wallpaper bears a conspicuous printed border
Albertini and is copyrighted. Albertini holds
pink colorway was developed for and at the
stating that the wallpaper was designed by Sydney
a registered copyright in the Southern Flowers design (with the pink colorway), Registration
No. VA0001898104. A copy of the registration certifcate is attached as Exhibit B
18. The Southern Flowers wallpaper- particularly in its pink colorwayhas been
featured extensively in both interior design and general interest publications.
2006: Benefit Purchases Southern Flowers Wal paper
19. The Southern Flowers wallpaper plainly attracted Benefit's attention. In June
2006, Benefit bought sixty rolls of Southern Flowers wallpaper in the pink colorway. Benefit
bought another sixty rolls inAugust 2006. Benefit undeniably had access toAlbertini's original
design.
20. Benefit told Studio Printworks that
to decorate two of its stores, in Chicago and San Francesco (where Benefit's corporate
headquarters is located and where Benefit's top ofriceijs became familiar with the Southern
Flowers design). On information and belief, Benefit in fact used the Southern Flowers wallpaper
to decorate those two stores.
21. Some time later, Benefit contacted Studio Printworks to discuss making a larger
the wallpaper it had purchased would be used
purchase of Southern Flowers wallpaper. Benefit, hovyever, abandoned its effort to make
further, lawful purchases of Southern Flowers. Instead, Benefit embarked on a planto make its
own wallpaper by unlawfully imitating Albertini's
2011: Benefit Seeks To Copy Southern Flowers
original, copyrighted design.
22. In approximately June 2011, Benefit coitacted a wallpaper designer and printer in
California andaskedit to create an imitation of Albertini's Southern Flowers design.
23. Benefit emailedthe printer a digital photograph of a roompaperedin Southern
Flowers wallpaper in the pink colorway and mailed the^ printer apiece ofAlbertini's original
wallpaper, with anote from aBenefit employee that reitd: "Here is aphysical sample of the
paper I am trying to improve on." Notably, Benefit
copyrighted design; rather, it intended to change
apparently concerned about its durability and the
The Benefit employee explained: "As we discussetd
commercial use, be washable and preferably not s
24. Benefit also emailed the printer an
noting that the file "is not the art from which this
was produced, but is probably a good start."
25. Benefit asked the printer to match
and mailed it a pink paint chip for comparison, notjin
for us."
it had no intention of "improving" upon the
physical quality of the paper only,
fjresh^-paint smell of handprinted wallpaper,
need material that will withstand
the
26. While this printer did not print wallbap^r
plan to steal Albertini's design. Ultimately, Benefit
aid and assist its effort to copy and infringe Albertini's
Benefit Infringes the Southern Flowers Design
to 27. Following its failed effort in 2011
Benefit remained determined to proceed, did in facjt
its infringing designs to brand its business in every
28. Benefit has produced and used desi
copyright throughout its stores on wallpaper, on
its online marketing, and even on shopping bags it
designs copy the total look and feel of Albertini's
and-white pattern of flowers and leafy stems on a
,1
mell so much when new."
image file that imitated Southern Flowers,
actual sample [of Southern Flowers wallpaper]
tie pink hue of the Southern Flowers colorway
that the pink "is a crucial branding color
for Benefit, Benefit was persistent in its
fobnd other printers and manufacturers to
original design.
produce wallpaper copying Albertini's work,
produce infringing wallpaper, and then used
possible way.
ns that infringe Albertini's Southern Flowers
cjtional products and products for sale, in
provides its customers. All of Benefit's
Southern Flowers, featuring a graphic black-
pink background. Like Southern Flowers, all
prom
of the flowers are graphically rendered and feature: wh^ite petals with black outlines; some stems
feature white leaf veins while others have solid black leeaves:
Southern Flowers Benefit store, {JoHo\, NYC
29. In some instances, Benefit's designj* also exactly copy elements from Albertini's
Southern Flowers, including flowers:
&
Benefit US Twitterfeed
Elementsfrom Southern Flowers
Benefit concession, Sephora, Brooklyn
and stems:
t:\
/'^V
^
Stemfrom Southern Flowers Benefit "Primp Mobile ", NYC Benefit US website
ers 30. Benefit's copies of Southern Flow-
boutiques throughout the United States and even i
promotional "primp mobile" in New York City
concessions in Sephora makeup boutiques and lard
31. Benefit also has decorated its
i appear on wallpaper displayed in Benefit
Benefit's highly successful and visible,
also appear on shelving units in Benefit's
e department stores.
offices with both wallpaper and other
Southern Flowers.
in
They
corporate
items such as fabric and cushion covers that imitate
32. Benefit has extended its copies of Souther
through its U.S. stores, concessions, and website, ihclutlin
tweezers.
n Flowers to products sold to customers
g water bottles, makeup bags, and
33. Benefit has used its infringements to decorate promotional items given away to
customers and, in fact, prominently displays an infringing imitation on papershopping bags
routinely provided to its customers:
9
Stemfrom Southern Flowers
Stemfrom Benefit US shopping bag
34. And, Benefit has copied anddisplayed Jts infringing images in ubiquitous fashion
on the Internet. Benefit has decorated its website, Facebook page, Instagram account, Twitter
feeds, and YouTube channel with digital imitation:; of Southern Flowers. Through those
websites, it has copied anddisseminated photograpihs andvideos featuring its physical imitations
of Albertini's design.
35. In sum, Benefit has made its imitatibns
Southern Flowers design an integral part of its U.S.
successful effort to increase its revenue and profits.
Infringements by Benefit's International Affiliates
of Albertini's original, copyrighted
. branding and promotional efforts, all in a
36. The same holds true around the globe, benefit provided its imitations ofSouthern
Flowers to its international affiliates, spreading its
information and belief, Benefit directs and/or supports
efforts.
infringements around the world, where, on
its affiliates' marketing and promotional
37. Benefit's imitations of Southern
merchandise in Benefit-branded stores and
Flowver s appear on wallpaper, shelving units, and
worldwide, in countries including
Australia, Brazil, China, England, France, Indonesia, It|aly, Malaysia, Mexico, the Netherlands,
concessions
10
Spain New Zealand, the Philippines, Poland, Russia,
stores and concessions are operated by Benefit's i
belief, all of Benefit's international affiliates' uses
Benefit's provision, direction, and/or approval of s
38. The infringing designs Benefit's
identical or virtually identical to the infringing des
Like the designs Benefit has used inthe United States
affiliates copy the total look and feel of Southern
pattern of flowers and leafy stems on an identical pjink
hailand, Turkey, and Vietnam. These
iriteriiational affiliates. On information and
of
sjuch
trie infringing designs are the result of
infringing designs and uses,
international affiliates have used either are
igns
Flow
11
Benefit has used in the United States,
those used by Benefit's international
ers, featuring a graphic black-and-white
background.
39. Like the Benefit US designs, the intern&ti
individual flowers and stems from Albertini's Soulherh
^\
Southern Flowers Makeupbag sold by
Cosmetics,
ioiial infringements also exactlycopy
Flowers:
Benefit
China
Wallpaper in Benefit store,
Malaysia
facebook
Benefit Cosmetics Vietnam's Photos
Facebookfeedfor Benefit Fabric hung in tfenefit store,
Cosmetics Vietnam Russi st.i
Construction walls for new
Benefit store, Hong Kong
40. Like Benefit itself, Benefit's international affiliates have used Benefit'sdesigns
that copySouthern Flowers on cushions, fabrics, nbtecards, shopping bags, and promotional
makeup bags.
41. Benefit's international affiliates have sold and continue to sell products decorated
with designs that copySouthern Flowers, including makeup bags, hand mirrors, and tweezers.
42. Benefit's international affiliates use digital imitations of Southern Flowers on
their websites andas the background images for their Twitter feeds, andregularly post
12
photographs and videos to their Twitter, Facebook
Southern Flowers.
, and Instagram feeds that feature the copies of
43. In sum, Benefit, through its affiliate
Albertini's original, copyrighted artwork as an integral part ofits worldwide brandingand has
used such branding in a successful effort toincrease its revenue and profits.
2013: Albertini Discovers the Infringements
44. Albertini was first alerted toBenefit's infringements on her copyright on
December 2, 2013, when she was contactedby an
in a store andimmediately recognized their striking
Albertini then discovered hundreds ofonline images of Benefit's widespread infringing use of
her copyrighted design. She immediately contacted Benefit, but was informedfalselythat
Benefit had independently developed the designs that adorn its wallpaper, its products, and its
marketing and promotional efforts.
FIRST CAUSE OF ACTION
s, has used its copies and imitations of
acquaintance who had seen Benefit's designs
g similarity to Albertini's Southern Flowers.
Copyright Infringement (7 U.
45. Albertini repeats and realleges the allege
44 as if fully set forth herein.
46. Albertini holds avalid, registered copyright to the Southern Flowers wallpaper
design in the pink colorway.
47. The Southern Flowers design is an j)rigjnal design warranting protection under
the Copyright Act.
48. Benefit knew or should have known that Southern Flowers was an original design
to which Benefit did not own the copyright.
S.C. 501, et seq.)
ktions contained in Paragraphs 1through
13
49. Benefit intentionally copied the Southern Flowers wallpaper design in its pink
colorway.
50. Benefit used andcontinues to use its copies and imitations of Southern Flowers in
its stores and marketing materials, on its websitesj on promotional products, and on products for
sale. Benefit has used its imitations so widely that they have become an integral part ofBenefit's
branding scheme.
51. Benefit's copies and imitations deli berately and closely copy the total look and
feel ofAlbertini's Southern Flowers. An ordinary observer wouldand, indeed, didrecognize
Benefit's copies as having been appropriated from Southern Flowers.
52. As a result of Benefit's widespread and willful infringements of her copyright,
Albertini has suffered damages of no less than $750,000.
53. As aresult of Benefit's infringements Of her copyright, Albertini also is entitled to
an award inthe amount of all of Benefit's profits attributable to the infringements.
SECOND CAUS OF ACTION

Infringement
;ations contained in Paragraphs 1through
Contributory Copyright
54. Albertini repeats and realleges the allege
53 as if fully set forth herein.
55. Benefit's initial unlawful copying of Southern Flowers within the United States
was apredicate act that led to Benefit's international affiliates' infringements on Albertini's
copyright.
56. Benefit willfully and knowingly induced, caused, or materially contributed to its
international affiliates' use, production, and/or creation1 of materials that deliberately and closely
copy the total look and feel of Albertini's Southern Flowers. An ordinary observer would
recognize these copies as having been appropriated fro|n Southern Flowers.
14
Albertini hereby requests a trial by jury on
57. Benefit is therefore jointly and several yliable for the damages caused by its
international affiliates' infringements on Albertini's copyright.
58. As a result of the international infr: ngements of her copyright, Albertini has
suffered damages of no less than $750,000.
59. As a result of the international infringebents of hercopyright, Albertini also is
entitled to a damages award in the amount of all of Benefit's and its international affiliates'
profits attributable to the international infringements.
JURY TRIAL DEMAND
all claims so triable.
PRAYER FOR RELIEF
WHEREFORE, Albertini respectfully requests
A. Ruling that Benefit has willfully infnn$
Flowers;
a judgment against Benefit as follows:
ed upon Albertini's copyright in Southern
B. Awarding injunctive reliefrequiring that Benefit immediately cease anddesist
infringing upon and instructing, assisting, or encoi|rag|ng its international affiliates to infringe
upon Albertini's copyright in Southern Flowers;
C. Awarding Albertini actual damages
less than $750,000;
D. Awarding Albertini disgorgement Of Benefit's profits attributable to its
infringements within the United States, in an amoijnt to be determined at trial;
E. Awarding Albertini damages in the amckint of Benefit's international affiliates'
profits attributable to the international infringements, iji an amount to be determined at trial;
i
in ail amount to be determined at trial, but no
15
F. For prejudgment and post-judgment interest
G. For such other relief as the Court deemk
Dated: July 28, 2014
New York, New York
16
st; and
just and proper.
C LARICK GUERON REISBAUM LLP
Clarick
Nicole Gueron
220 Fifth Avenue, 14th floor
New York, NY 10001
Phone: (212)633-4310
Fax: (646)478-9484
Attorneysfor Plaintiff SydneyAlbertini
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EXHIBIT B
Certificate of Registration
STAT*.
This Certificate issued under the seal of the
Office in accordance with title 17, UnitedStages
attests that registration has been made for
identified below. The information on this
been made a part of the CopyrightOffice records.
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Code,
the wcrk
certificate has
Registerof Copyrights, United States of America
Registration Number
VA 1-898-104
Effective date of
registration:
March 24,2014
Title
Title of Work: Southern Flowers
Completion/Publication
Author
Year of Completion: 2002
Date of 1st Publication: March 31,2002
Author: Sydney Albertini
Author Created: 2-D artwork
Citizen of: United States
Copyright claimant
Copyright Claimant: Sydney Albertini
18Glenway, East Hampton.
Certification
Name: Thomas Walsh
Date: March 20,2014
Nation of 1st Publication: United States
Domiciled in: United States
NY, 11937, United States
Page 1 of 1
Registrations: VA0001898104
Service Request #: 1-1294407461
MontaguLaw
Thomas Walsh
1120 Avenue of the Americas
4th Fl
NewYork, NY 10036 United States