JUDGE SCHEMA.

"
U CV 8182
JS 44C/SDNY
REV. 4/2014
CIVIL COVI
The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the tiling and service of "v| / H 0/1 4 a
pleadings orother papers asrequired by law, except asprovided by local rules of court. This form, approved by the ' V l*p
Judicial Conference of the United States InSeptember 1974, is required for use of the Clerkof Court for the purpose of
initiating the civil docket sheet
PLAINTIFFS
MAYA HAYUK
DEFENDANTS
TARGET CORPORATION and GRAND IMAGE, LTD.
ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER
Saunders &Sllverstein LLP, 14 Cedar Street, Ste. 224, Amesbury, MA
01913,978-463-9100
ATTORNEYS (IF KNOWN)
CAUSE OF ACTION(CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OFCAUSE)
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)
17 U.S.C. 101; Defendants reproduced, distributed, sold, and displayed infringing copies of Plaintiff's artworks
Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY atany time? NtH'esQjudge Previously Assigned
If yes, wasthis case Vol-PI Invol. I I Dismissed. No Q Yes [JJ If yes, give date &Case No.
ISTHISANINTERNATIONAL ARBITRATION CASE?
(PLACEANM INONEBOXONLY)
TORTS
No [x] Yes
NATURE OF SUIT
ACTIONS UNDER STATUTES
CONTRACT PERSONAL INJURY PERSONAL INJURY
[ ] 367 HEALTHCARE/
FORFEITURE/PENALTY BANKRUPTCY
[1110 INSURANCE [ 1310 AIRPLANE
PHARMACEUTICAL PERSONAI
| 1625 DRUG RELATED [ 1422 APPEAL
[ 1120
MARINE [ ] 315 AIRPLANE PRODUCT INJURY/PRODUCT UABILITY
SEIZURE OF PROPERTY
28 USC 158
11130 MILLER ACT LIABILITY [ l 365 PERSONAL INJURY
21 USC 881
[ ] 423 WITHDRAWAL
I11-10 NEGOTIABLE [ ] 320 ASSAULT, LIBEL & PRODUCT LIABILITY
I 1690 OTHER
28 USC 157
INSTRUMENT SLANDER [ ] 368 ASBESTOS PERSONAL
11150 RECOVERY OF ( ] 330 FEDERAL INJURY PRODUCT
OVERPAYMENT & EMPLOYERS' LIABILITY PROPERTY RIGHTS
ENFORCEMENT LIABILITY
OF JUDGMENT [ 1340 MARINE PERSONAL PROPERTY ftd 820 COPYRIGHTS
I 1161 MEDICARE ACT [ 1345 MARINE PRODUCT [ I 830 PATENT
11152 RECOVERY OF LIABILITY [ J 370 OTHER FRAUD [ ] 840 TRADEMARK
DEFAULTED [ J 350 MOTOR VEHICLE ( l 371 TRUTH IN LENDING
STUDENT LOANS [ ]355 MOTOR VEHICLE
(EXCL VETERANS) PRODUCT UABILITY SOCIAL SECURITY
I 1163 RECOVERY OF [ ]360 OTHER PERSONAL
OVERPAYMENT INJURY [ 1380 OTHER PERSONAL LABOR [ ] 861 HIA (1395ff)
OF VETERAN'S [ 1362 PERSONAL INJURY PROPERTY DAMAGE
[ J862 BLACK LUNG(923)
BENEFITS MED MALPRACTICE [ ] 385 PROPERTY DAMAGE [ 1710 FAIR LABOR [ ] 883 DIWC/DIWW(405(g))
[ [160 STOCKHOLDERS PRODUCT LIABILITY STANDARDS ACT [ j 864SSID TITLE XVI
SUITS [ ) 720 LABOR/MGMT [ 1865 RSI (405(g))
11190 OTHER PRISONER PETITIONS RELATIONS
CONTRACT [ ] 463 ALIEN DETAINEE I I 740 RAILWAY LABOR ACT
[ 1195
CONTRACT [ J 610 MOTIONS TO
[ I 751 FAMILY MEDICAL
LEAVEACT (FMLA)
FEDERAL TAX SUITS
PRODUCT ACTIONS UNDER STATUTES VACATE SENTENCE
LIABILITY 28 USC 2255
[ I 870 TAXES (U.S. Plaintiff or
[ ] 196 FRANCHISE CIVIL RIGHTS [ 1530 HABEAS CORPUS [ ) 790 OTHER LABOR Defendant)
1 ] 535 DEATH PENALTY LITIGATION [ ] 871 IRS-THIRD PARTY
( 1440 OTHER CIVIL RIGHTS
[ ] 540 MANDAMUS &OTHER I ] 791 EMPL RET INC 26 USC 7609
REAL PROPERTY
(Non-Prisoner)
SECURITY ACT
[ ) 441 VOTING
IMMIGRATION
[ 1210 LAND [ 1442 EMPLOYMENT PRISONER CIVIL RIGHTS
CONDEMNATION [ 1443 HOUSING/
[ ] 462 NATURALIZATION
[ 1220 FORECLOSURE ACCOMMODATIONS [ ] 550 CIVIL RIGHTS APPLICATION
( J230 RENT LEASE & [ ]445 AMERICANS WITH
I ] 555 PRISON CONDITION I ) 466 OTHER IMMIGRATION
EJECTMENT DISABILITIES -
[ ] 560 CIVIL DETAINEE ACTIONS
[ 1240 TORTS TO U\ND EMPLOYMENT CONDITIONS OF CONFINEMENT
[1245 TORT PRODUCT
LIABILITY
[ 1446 AMERICANS WITH
DISABILITIES -OTHER
[ ]290 ALL OTHER
REAL PROPERTY
[ ] 448 EDUCATION
Checkifdemanded incomplaint:
CHECK IF THIS IS ACLASS ACTION
UNDER F.R.C.P. 23
OTHER STATUTES
375 FALSE CLAIMS
400 STATE
REAPPORTIONMENT
[ ] 410 ANTITRUST
[ 1430 BANKS 8, BANKING
[ 1450 COMMERCE
[ 1460 DEPORTATION
[ ] 470 RACKETEER INFLU
ENCED & CORRUPT
ORGANIZATION ACT
(RICO)
[ ] 480 CONSUMER CREDIT
[]490 CABLE/SATELLITE TV
[ JB50 SECURITIES/
COMMODITIES/
EXCHANGE
a
( 1890 OTHER STATUTORY
ACTIONS
[ 1891 AGRICULTURAL ACTS
[ ) 893 ENVIRONMENTAL
MATTERS
[ J 695 FREEDOM OF
INFORMATION ACT
[ I 896 ARBITRATION
[ ] 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION
[ ] 950 CONSTITUTIONALITY OF
STATE STATUTES

DEMAND S OTHER
^SO^sVaVe^ IS CASE 'SRELATED TO ACIVIL CASE NOW PENDING IN S.D.N.Y.'
JUDGE DOCKET NUMBER
Check YES onlyifdemandedIncomplaint
JURY DEMAND: LEI YES LKlO
NOTE: You must alsosubmit at thetime offiling theStatement ofRelatedness form (Form IH-32).
(PLACEANxINONEBOXONLYl ORIGIN
1*1 1 Original 2 Removed from D 3 Remanded d 4 Reinstated or O 5 Transferred from 6 Multidistrict 7Appeal to District
Proceeding State Court from Reopened (Specify District) Litigation Judge from
n a. .llp.rt,,.p,.. APPellate Magistrate Judge
'' Court Judgment
I I b. At least one
party is pro se.
(PLACEANxINONEBOXONLY) BASIS OF JURISDICTION IF DIVERSITY, INDICATE
{J 1 U.S. PLAINTIFF 2 U.S. DEFENDANT [x] 3 FEDERAL QUESTION Q4 DIVERSITY CITIZENSHIPBELOW.
(U.S. NOT A PARTY)
CITIZENSHIP OF PRINCIPAL PARTIES (FORDIVERSITY CASES ONLY)
(Place an [X] in one box for Plaintiffand one box for Defendant)
PTF DEF PTFDEF PTF DEF
CITIZEN OF THIS STATE []1 []1 CITIZEN OR SUBJECT OF A [ ]3[ ]3 INCORPORATED and PRINCIPAL PLACE l]5 [IS
FOREIGN COUNTRY OF BUSINESS INANOTHER STATE
CITIZEN OF ANOTHER STATE [ ] 2 [ ] 2 INCORPORATED orPRINCIPAL PLACE [ ] 4[ J4 FOREIGN NATION [ ]6 [16
OF BUSINESS IN THIS STATE
PLAINTIFF(S) ADDRESS(ES) ANDCOUNTY(IES)
MAYA HAYUK
720 Lorimer Street, #3R
Brooklyn, New York 11211
Kings County
DEFENDANT(S)ADDRESS(ES) ANDCOUNTY(IES)
TARGET CORPORATION, 1000 Nicollet Mall, Minneapolis, Minnesota 55403, Hennepin County
GRAND IMAGE, LTD., 701 Fifth Avenue, Suite6600, Seattle, Washington 98104, King County
DEFENDANT^) ADDRESS UNKNOWN
REPRESENTATION ISHEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TOASCERTAIN
RE9IBENCE ADDRESSES OF THE FOLLOWINGDEFENDANTS:
Checkone: THIS ACTION SHOULD BE ASSIGNED TO: WHITE PLAINS \x\ MANHATTAN
(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVILRIGHTS
COMPLAINT.)
DATE, SIGNATURE OF ATTORN^f OF RECORD ADMITTED TO PRACTICE IN THIS DISTRICT
DMer- %loH /^C< J?1Z^~~~--_ I I N0
' ^ ^/ *"^ WYES (DATE ADMITTED Mo.1J Yr. 2012
RECEIPT # Attorney Bar Code #AS2323
Magistrate Judge is to be designated by the Clerk of the Court.
Magistrate Judge JilfiijL JUDSEL EM """^** WJi 'S S Desi9nated
Ruby J. Krajick, Clerk ofCourt by Deputy Clerk, DATED
UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)
mxmm
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEWYORK
MAYA HAYUK,
Plaintiff,
TARGET CORPORATION and GRAND
IMAGE, LTD.,
Defendants.
4mftionSrfV Q 1 O 2
COMPLAINT
FOR TURY T
ECF Case
Plaintiff Maya Hayuk, byher attorneys Saunders &Silverstein LLP, brings
against the defendants Target Corporation and Grand Image, Ltd. (collectively,
"Defendants") and complains and alleges as follows:
Patties
1. Plaintiff Maya Hayuk ("Hayuk"), a professional visual artist who regularly
creates, sells, and licenses original works of art, has a principal place of business at 720
Lorimer Street #3R, Brooklyn, New York 11211.
2. On information and belief, Target Corporation ("Target") is a Minnesota
corporation with its principal place of business at 1000 Nicollet Mall, Minneapolis,
Minnesota 55403.
3. On information and belief, Grand Image, Ltd. ("Grand Image") is a
Washington corporationwith its principal placeof business at 701 Fifth Avenue, Suite6600,
Seattle, Washington 98104.
Nature of the Complaint
4. This is an action for copyright infringement. Defendants violated the
copyright laws, 17 U.S.C. 101 et seq., by reproducing, distributing, and selling printed
canvases infringing on Hayuk's original copyrighted works of art without her consent. Hayuk
seeks damages and appropriate injunctive relief.
Jurisdiction and Venue
5. This Court has jurisdiction over the subject matter of this Complaint under
28 U.S.C. 1331 and 1338(a).
6. This Court has personal jurisdiction over defendant Target pursuant to N.Y.
C.P.L.R. 301 because Target has displayed and sold printed canvases infringing Hayuk's
copyright within the State of New York, causingtortious injuryin New York.
7. This Court has personal jurisdiction over defendant Grand Image pursuant
to N.Y. C.P.L.R. 301 because Grand Image regularly conducts business in New York and
has manufactured printed canvases infringing Hayuk's copyright and distributed and sold
thoseprintedcanvases to Target storesin NewYork, causing tortiousinjury in NewYork.
8. Venue is appropriate in this Court under 28 U.S.C. 1400(a).
Facts
9. Hayuk is an internationally renowned visual artist. Her iconic murals,
paintings, and other artworks are highly sought after by individual collectors and
corporations throughout the world. Hayuk's work has received critical praise throughout her
fine art career, which spans over two decades.
10. Hayuk's career includes more than 150 group and solo gallery shows,
installations, and murals throughout the United States and in more than a dozen foreign
countries on four continents. Her graphic work has been published in numerous books and
magazines, and has been featured on coundess art-related websites.
11. Hayuk often licenses her artwork for use on, among other things, apparel,
consumer electronics, and sporting goods. She commands premium fees and royalties for
the use of her work in commercial settings.
12. From 2013 through 2014, Hayuk created original works of art in the Chemical
Trails series with common visual hallmarks. Photographs of works in the Chemical Trails
series are displayed on Hayuk's website, located at www.mayahayuk.com. These works
include, but are not limitedto, Chem Trails NYC, Chem Trails Wjnwood, and Chem Trails Berlin.
13. On February 7, 2014, Hayuk caused her copyright in Chem Trails NYC to be
registered in the United States Copyright Office, such registration being assigned
Registration No. VAu 1-173-957. A true and correct copy of the certificate of registration
for Chem Trails NYCis annexed hereto as Exhibit A.
14. On December 14, 2013, Hayuk causedher copyright in Chem Trails Wjnwood
to be registered in the United States Copyright Office, such registration being issued
Registration No. VAu 1-167-786. A true and correct copy of the certificate of registration
for Chem Trails Wjnwood is annexed hereto as Exhibit B.
15. On December 14, 2013, Hayuk caused her copyright in Chem Trails Berlin to
be registered in the United States Copyright Office, such registration being issued
Registration No. VAu 1-167-782. A true and correct copy of the certificate of registration
for Chem Trails Berlin is annexed hereto as Exhibit C.
16. Hayuk has also created original works of art that share the visual hallmarks
common to the works in the Chemical Trails series. Photographs of these works are also
displayed on Hayuk's website. Among these works are those in Hayuk's Remain in Ught
series, which includes, but is not limited to, Remain in Light #/, Remain in Ught #4, and
Remain in Ught #6. On February 6, 2014, Hayuk caused her copyrights in Remain in Ught #/,
Remain in Ught #4, and Remain in Ught #6 to be registered in the United States Copyright
Office as parts of Registration No. VAu 1-164-339. Atrue andcorrect copy of the certificate
of registration for Hayuk Paintings 2008-2013 is annexed hereto as Exhibit D.
17. Additionally, Hayuk created original works of art in a series entided Friendship
Bracelet. These original works include, but are not limited to, Friendship Bracelet: The Ballad of
Never Forget, Friendship Bracelet: Rancher, and Friendship Bracelet: Minus Yellow. On February 9,
2012, Hayuk caused her copyrights in Friendship Bracelet: The Ballad ofNever Forget, Friendship
Bracelet: Rancher, and Friendship Bracelet: Minus Yellow to be registered in the United States
Copyright Office as parts of Registration No. VAu 1-092-025. A true and correct copy of
the certificate of registration for Hayuk -2011 Collection No. 1is annexed hereto as Exhibit E.
18. Hayuk also created the original works of art entided The Opening and Forever
Point in 2012. On May 1, 2012, Hayuk caused her copyrights in The Opening and Forever Point
to be registered in the United States Copyright Office as parts of Registration No. VAu
1-101-923. A true and correct copy of the certificate of registration for Hayuk 2012 Collection
No. 1 is annexed hereto as Exhibit F.
19. Additionally, Hayuk created the original work of art entided Big Exes, which
share the visual hallmarks common to the aforementioned works. On February 6, 2014,
Hayuk caused her copyright in Big Exes to be registered in the United States Copyright
Office as part of Registration No. VAu 1-164-339. A true and correct copyof the certificate
of registration for Hayuk Paintings 2008-2013is annexed hereto as Exhibit D.
20. Images of each of the above-referenced works (hereafter, individually and
collectively referred to as the"Hayuk Works") appear on the following pages:
Chem Trails NYC
Chem Trails Wjnwood
Chem Trails Berlin
REMAIN IN LIGHT #1 2013 acrylic ana fiasco on canvas 48 x Sir
Remain inUght # /
REMAIN INLIGHT#4 2013 acrylic and flash*on canvas 4flx 72*
Remain inUght #4
REMAIN INLIGHT#6 2013acrylcandflash(!on panel 30x40"
Remain inUght #6
Friendship Bracelet: The BalladofNever Forget
Friendship Bracelet: Rancher
Friendship Bracelet: Minus Yellow
-MAYA HAYIK 2012
The Opening
Forever Point
BIG EXES. 2010. 24X36* aery lieon birch panel
BigExes
10
MAYA HAYUK 2012
SMAV.A HAYL'K 2011
21. Target is a "big-box store" with over 1,700 retail locations throughout the
United States.
22. Target's retail locations sell countless products under one roof, including
furniture, apparel, electronics, appliances, and home decor. Target offers an even wider
selection ofproducts toconsumers onits online store, atwww.target.com.
23. Grand Image is an art and design firm. Grand Image creates custom digital
prints on canvas, paper, acrylic, metal, wood, and wall coverings for hotels, retailers, and
interiordesigners, amongothers.
24. Upon information and belief, Target contracted with Grand Image, which
manufactured and sold to Target aprinted canvas titled atretail "Urban Sphere" (the "Urban
Sphere Canvas"). Thereafter, Target offered for sale and sold the Urban Sphere Canvas to
the general public.
25. Animage of theUrban Sphere Canvas appears below:
26. The Urban Sphere Canvas bears a substantial similarity toone ormore of the
Hayuk Works.
27. The Urban Sphere Canvas is an unauthorized derivative of one or more of
the Hayuk Works.
11
28. The grid on below shows details of the subject works and the substantial
similarity between the Hayuk Works and the Urban Sphere Canvas.
Chem Trails NYC Chem Trals Wjnwood
Remain inUght # / Remain inUght #4
n /.;
Urban Sphere
Friendship Bracelet: The Ballad F.^^^^^
ofNevertorget
The Opening
Forever Point
12
Chem Trails Berlin
Remain inUght #6
Friendship Bracelet: Minus
Yellow
BigExes
29. To date, Target continues to display, distribute, andsell, infringing copies of
the Urban Sphere Canvas.
30. Upon information and belief, Grand Image continues to display, distribute,
and sell, infringing copies of the Urban SphereCanvas.
31. Hayuk has suffered andcontinues to suffer damages andirreparable injury as
a result of Target andGrand Image's ongoing violation of her copyrights.
Count I
Copyright Infringement of Chem Trails NYC
32. Hayuk repeats and realleges paragraphs 1 through 31 of this Complaint,
inclusive, as if the samewere fully set forth herein.
33. Hayuk's artwork entided Chem Trails NYCis wholly copyrightable under the
laws of the UnitedStates, and Hayuk, the creator and soleowner of Chem Trails NYC, holds
all copyright interests therein.
34. Hayuk is the sole owner of all right, title, and interest in the copyright to
Chem Trails NYC, which has been registered in the United States Copyright Office and
assigned Registration No. VAu 1-173-957.
35. Without authorization, Defendants reproduced, displayed, distributed, and
sold copies of the Urban Sphere Canvas that are substantially similar to Chem Trails NYC.
Such unauthorized use constitutes an infringement of Hayuk's copyright for which she is
entitledto damages and injunctiverelief.
Count II
Copyright Infringement of Chem Trails Wjnwood
36. Hayuk repeats and realleges paragraphs 1 through 31 of this Complaint,
inclusive, as if the samewere fully set forth herein.
37. Hayuk's artwork entided Chem Trails Wjnwood is wholly copyrightable under
13
the laws of the United States, and Hayuk, the creator and sole owner of Chem Trails Wjnwood,
holds all copyright interests therein.
38. Hayuk is the sole owner of all right, tide, and interest in the copyright to
Chem Trails Wjnwood, which has been registered in the United States Copyright Office and
assigned Registration No. VAu 1-167-786.
39. Without authorization, Defendants reproduced, displayed, distributed, and
sold copies of the Urban Sphere Canvas that are substantially similar to Chem Trails Wjnwood.
Such unauthorized use constitutes an infringement of Hayuk's copyright for which she is
entitled to damages and injunctive relief.
Count III
Copyright Infringement of Chem Trails Berlin
40. Hayuk repeats and realleges paragraphs 1 through 31 of this Complaint,
inclusive, as if the samewere fully set forth herein.
41. Hayuk's artwork entided Chem Trails Berlin is wholly copyrightable under the
laws of the United States, andHayuk, the creator and sole owner of Chem Trails Berlin, holds
all copyright interests therein.
42. Hayuk is the sole owner of all right, title, and interest in the copyright to
Chem Trails Berlin, which has been registered in the United States Copyright Office and
assignedRegistration No. VAu 1-167-782.
43. Without authorization, Defendants reproduced, displayed, distributed, and
sold copies of the Urban Sphere Canvas that are substantially similar to Chem Trails Berlin.
Such unauthorized use constitutes an infringement of Hayuk's copyright for which she is
entided to damages and injunctiverelief.
14
Count IV
Copyright Infringement of Remain in Light # /
44. Hayuk repeats and realleges paragraphs 1 through 31 of this Complaint,
inclusive, as if the same were fully set forth herein.
45. Hayuk's artwork entided Remain inUght #1 is wholly copyrightable under the
laws of the United States, and Hayuk, the creator and sole owner of Remain inUght #1, holds
all copyright interests therein.
46. Hayuk is the sole owner of all right, title, and interest in the copyright to
Remain inUght #1, which has been registered in the United States Copyright Office as part
of Registration No. VAu 1-164-339.
47. Without authorization, Defendants reproduced, displayed, distributed, and
sold copies of the Urban Sphere Canvas that are substantially similar to Remain inUght #/.
Such unauthorized use constitutes an infringement of Hayuk's copyright for which she is
entided to damages and injunctive relief.
Count V
Copyright Infringement of Remain in Light #4
48. Hayuk repeats and realleges paragraphs 1 through 31 of this Complaint,
inclusive, as if the same were fully set forth herein.
49. Hayuk's artwork entided Remain inUght #4 is whollycopyrightable under the
laws of the UnitedStates, andHayuk, the creatorand soleowner of Remain in Ught #4, holds
all copyright interests therein.
50. Hayuk is the sole owner of all right, title, and interest in the copyright to
Remain in Ught #4, which has been registered in the United States Copyright Office as part
of Registration No. VAu 1-164-339.
51. Without authorization, Defendants reproduced, displayed, distributed, and
15
sold copies of the Urban Sphere Canvas that are substantially similar to Remain in Ught #4.
Such unauthorized use constitutes an infringement of Hayuk's copyright for which she is
entitled to damages and injunctive relief.
Count VI
Copyright Infringement of Remain in Light #<?
52. Hayuk repeats and realleges paragraphs 1 through 31 of this Complaint,
inclusive, as if the same were fullyset forth herein.
53. Hayuk's artwork entided Remain inUght #6 is wholly copyrightable under the
laws of the United States, and Hayuk, the creator and sole owner of Remain inUght #6, holds
all copyright interests therein.
54. Hayuk is the sole owner of all right, tide, and interest in the copyright to
Remain in Ught #6, which has been registered in the United States Copyright Office as part
of Registration No. VAu 1-164-339.
55. Without authorization, Defendants reproduced displayed, distributed,
distributed, and sold copies of the Urban Sphere Canvas that are substantially similar to
Remain in Ught #6. Such unauthorized use constitutes an infringement of Hayuk's copyright
for which she is entided to damages and injunctive relief.
Count VII
Copyright Infringement of Friendship Bracelet: The Balladof Never Forget
56. Hayuk repeats and realleges paragraphs 1 through 31 of this Complaint,
inclusive, as if the same were fully set forth herein.
57. Hayuk's artwork entided Friendship Bracelet: The Ballad ofNever Forget is wholly
copyrightable under the laws of the UnitedStates, and Hayuk, the creator and soleowner of
Friendship Bracelet: The Ballad ofNeverForget, holds all copyright interests therein.
58. Hayuk is the sole owner of all right, title, and interest in the copyright to
16
Friendship Bracelet: The Ballad ofNever Forget, which has been registered in the United States
Copyright Office as part of Registration No. VAu 1-092-025.
59. Without authorization, Defendants reproduced, displayed, distributed, and
sold copies of the Urban Sphere Canvas that aresubstantially similar to Friendship Bracelet: The
Ballad of Never Forget. Such unauthorized use constitutes an infringement of Hayuk's
copyright for which she is entided to damages and injunctiverelief.
Count VIII
Copyright Infringement of Friendship Bracelet: Rancher
60. Hayuk repeats and realleges paragraphs 1 through 31 of this Complaint,
inclusive, as if the same were fully set forth herein.
61. Hayuk's artwork entitled Friendship Bracelet: Rancher is wholly copyrightable
under the laws of the United States, and Hayuk, the creator and sole owner of Friendship
Bracelet: Rancher, holds all copyright interests therein.
62. Hayuk is the sole owner of all right, title, and interest in the copyright to
Friendship Bracelet: Rancher, which has been registered in theUnited States Copyright Office as
part of Registration No. VAu 1-092-025.
63. Without authorization, Defendants reproduced, displayed, distributed, and
sold copies of the Urban Sphere Canvas that are substantially similar to Friendship Bracelet:
Rancher. Such unauthorized use constitutes an infringement of Hayuk's copyright for which
she is entided to damages and injunctiverelief.
Count IX
Copyright Infringement of Friendship Bracelet: Minus Yellow
64. Hayuk repeats and realleges paragraphs 1 through 31 of this Complaint,
inclusive, as if the samewere fully set forth herein.
65. Hayuk's artwork entitled Friendship Bracelet: Minus Yellow is wholly
17
copyrightable under the laws of the United States, and Hayuk, the creator and sole owner of
Friendship Bracelet: Minus Yellow, holds all copyright interests therein.
66. Hayuk is the sole owner of all right, tide, and interest in the copyright to
Friendship Bracelet: Minus Yellow, which has been registered in the United States Copyright
Office as part of Registration No. VAu 1-092-025.
67. Without authorization, Defendants reproduced, displayed, distributed, and
sold copies of the Urban Sphere Canvas that are substantially similar to Friendship Bracelet:
Minus Yellow. Such unauthorized use constitutes an infringement of Hayuk's copyright for
which she is entided to damages and injunctive relief.
Count X
Copyright Infringement of The Opening
68. Hayuk repeats and realleges paragraphs 1 through 31 of this Complaint,
inclusive, as if the same were fully set forth herein.
69. Hayuk's artwork entided The Opening is wholly copyrightable under the laws
of the United States, and Hayuk, the creator and sole owner of The Opening, holds all
copyright interests therein.
70. Hayuk is the sole owner of all right, tide, and interest in the copyright to The
Opening, which has been registered in the United States Copyright Office as part of
Registration No. VAu 1-101-923.
71. Without authorization, Defendants reproduced, displayed, distributed, and
sold copies of the Urban Sphere Canvas that are substantially similar to The Opening. Such
unauthorized use constitutes an infringement of Hayuk's copyright for which she is entided
to damages and injunctive relief.
Count XI
Copyright Infringement of Forever Point
72. Hayuk repeats and realleges paragraphs 1 through 31 of this Complaint,
inclusive, as if the same were fully set forth herein.
73. Hayuk's artwork entitledForever Point is wholly copyrightable under the laws
of the United States, and Hayuk, the creator and sole owner of Forever Point, holds all
copyright interests therein.
74. Hayuk is the sole owner of all right, tide, and interest in the copyright to
Forever Point, which has been registered in the United States Copyright Office as part of
Registration No. VAu 1-101-923.
75. Without authorization, Defendants reproduced, displayed, distributed, and
sold copies of the Urban Sphere Canvas that are substantially similar to Forever Point. Such
unauthorized use constitutes an infringement of Hayuk's copyright for which she is entided
to damages and injunctive relief.
Count XII
Copyright Infringement of Big Exes
76. Hayuk repeats and realleges paragraphs 1 through 31 of this Complaint,
inclusive, as if the same were fully set forth herein.
77. Hayuk's artwork entided Big Exes is wholly copyrightable under the laws of
the United States, and Hayuk, the creator and sole owner of Big Exes, holds all copyright
interests therein.
78. Hayuk is the sole owner of all right, title, and interest in the copyright to Big
Exes, which has been registered in theUnited States Copyright Office as part of Registration
No. VAu 1-164-339.
79. Without authorization, Defendants reproduced, displayed, distributed, and
19
sold copies of the Urban Sphere Canvas that are substantially similar to Big Exes. Such
unauthorized use constitutes an infringement of Hayuk's copyright for which she is entided
to damages and injunctive relief.
Count XIII
Copyright Infringement of the Hayuk Works
80. Hayuk repeats and realleges paragraphs 1 through 79 of this Complaint,
inclusive, as if the same were fully set forth herein.
81. Hayuk's artworks entided Chem Trails NYC; Chem Trails Wjnwood; Chem Trails
Berlin; Remain inUght #1; Remain inUght #4; Remain inUght #6; Big Exes; Friendship Bracelet:
The Ballad of Never Forget, Friendship Bracelet: Rancher, Friendship Bracelet: Minus Yellow, The
Opening, and Forever Point are wholly copyrightable under the laws of the United States, and
Hayuk, the creator and sole owner of the Hayuk Works, holds all copyright interests therein.
82. Hayuk is the sole owner of all right, title, and interest in the copyrights to
Chem Trails NYC; Chem Trails Wjnwood; Chem Trails Berlin; Remain inUght #1; Remain inUght
#4; Remain inUght#6; Big Exes; Friendship Bracelet: The Ballad ofNever Forget, Friendship Bracelet:
Rancher, Friendship Bracelet: Minus Yellow, The Opening; and Forever Point, which have been
registered in the United States Copyright Office and respectively assigned Registration Nos.
VAu 1-173-957, VAu 1-167-786, VAu 1-167-782, VAu 1-164-339, VAu 1-092-025, and VAu
1-101-923.
83. Without authorization, Defendants reproduced, displayed, distributed, and
sold copies of the Urban Sphere Canvas that are substantially similar to the Hayuk Works
identified above. Such unauthorized use constitutes an infringement of Hayuk's copyrights
for which she is entided to damages and injunctive relief.
20
Prayers for Relief
WHEREFORE, Hayuk prays that this Court:
1. Issue a preliminary order enjoining Target and Grand Image from all further
reproduction, manufacture, importation, sale, advertising, and distribution of
the Urban SphereCanvas duringthe pendencyof this litigation;
2. Issue an order to Target and Grand Image be required to deliver up for
impoundment all infringing copies of Hayuk's artworks, in all forms
whatsoever, which are in Target or Grand Image's possession or under their
control;
3. Issue an order permanendy enjoining Target and Grand Image, and all those
acting in concert withTarget and Grand Image or who have obtained copies
of the infringing Urban Sphere Canvas, from all further reproduction,
manufacture, importation, sale, advertising, and distribution of such Canvas;
4. Issue an order that Target and Grand Image must provide Hayuk a full
accounting of all reproduction manufacture, importation, sale, advertising,
and/or distribution of the Urban Sphere Canvas and any other infringing
product(s), including (i) a full accounting of all sales of the Urban Sphere
Canvas; (ii) identification of all affiliated parties who have distributed and/or
sold the Urban Sphere Canvas; and (iii) all manufacturing, importation, and
warehousing records;
5. Award Hayuk all of herdirect and consequential damages arising from Target
and Grand Image's infringement of Hayuk's copyrights;
6. Award Hayuk all profits earned by Target and Grand Image from the
infringement of Hayuk's copyrights in accordance with 504(b) of the
21
Copyright Act;
7. Issue an order that Target and Grand Image be required to pay Hayuk such
statutory damages within the provisions of the Copyright Act in a sum not
less than $750.00, nor more than $30,000.00, per infringed work, or if the
Court finds that the infringement was committed willfully, such statutory
damages within the provisions of the Copyright Act in a sum up to and
including $150,000.00 per infringed work;
8. Award Hayuk her reasonable attorneys' fees, costs of suit, and interest;
9. Issue an order that Target and Grand Image are jointiy and severally liable
for Hayuk's direct and consequential damages, reasonable attorney's fees,
costs of suit and interest; and
10. Award Hayuk such other and further relief as the Court deems just and
proper.
PLAINTIFF DEMANDS ATRIALBYJURYON ALLCOUNTS.
Dated: October 9, 2014
Respectfully submitted,
SAUNDERS &SILVERSTEIN LLP
Aaron Y. Silverstein
(SDNY Bar No. AS-2323)
(NY Bar No. 5069778)
Saunders & Silverstein LLP
14 Cedar Street, Suite 224
Amesbury, MA 01913
P: 978-463-9130
F: 978-463-9109
E: asilverstein@massiplaw.com
Attorneys for Plaintiff
Maya Hayuk
22
DEMAND FOR TURY TRIAL
Pursuant to Fed. R. Civ. P. 38(b), Plaintiff Maya Hayuk hereby demands a jury trial
of all issues so triable.
Dated: October 9, 2014
S & SILVERSTEIN LLP
Aaron Y. Silverstein
(SDNYBar No. AS-2323)
(NY Bar No. 5069778)
Saunders & Silverstein LLP
14 Cedar Street, Suite 224
Amesbury, MA 01913
P: 978-463-9130
F: 978-463-9109
E: asilverstein@massiplaw.com
Attorneys for Plaintiff
Maya Hayuk
23
EXHIBIT A
Certificate of Registration
*>-jiUv.
"1870
This Certificate issued under the sealof the Copyright
Office in accordance with title 17, United States Code,
attests that registrationhas been made for the work
identified below. The information on this certificate has
been madea part of the Copyright Office records.
Registerof Copyrights,UnitedStatesof America
Title; ;
Title ofWork: CHEM TRAILS NYC
Completion/Publication
Author
Year ofCompletion: 2014
Author: Maya Hayuk
Author Created: 2-D artwork
Citizen of: United States
Year Born: 1969
Copyright claimant
Registration Number
VAu 1-173-957
Effective date of
registration;
February 7,2014
Domiciled in: United States
Copyright Claimant: Maya Hayuk
720 Lorimer Street, #3R, Brooklyn, NY, 11211, United States
Certification
Name: Aaron Y. Silverstein
Date: February 7.2014
Applicant's Tracking Number: 4.137.11
Page I of 1
EXHIBIT B
Certificate ofRegistration
sTAr*.*
1870
This Certificate issued under the seal oftheCopyright
Officein accordance with title 17, United States Code,
attests that registration has been made for the work
identified below. The information on this certificate has
been made a partoftheCopyright Office records.
1%o^A^<vOCt
Register of Copyrights, United States of America
Title i
Title of Work: Chem Trails Wynwood
Completion/Publication
Author
Year of Completion: 2013
Author: Maya Hayuk
Author Created: 2-D artwork
Citizen of: United States
Year Born: 1969
Copyright claimant
Registration Number
VAu 1-167-786
Effective date of
registration:
December 14,2013
Domiciled in: United States
Copyright Claimant: MayaHayuk
720 Lorimer Street #3R, Brooklyn, NY, 11211,United States
Certification
Name: Aaron Y. Silverstein
Date: December 14,2013
Applicant's Tracking Number: 4.132.11
Page 1 of 1
EXHIBIT C
Certificate of Registration
1870
ThisCertificate issued under theseal oftheCopyright
Officein accordance with title 17, United States Code,
attests that registrationhas been made for the work
identified below. The information on this certificate has
beenmadea part of the Copyright Office records.
1?L<LA- ^ V\_AJt
Register of Copyrights,UnitedStatesof America
Title
Title of Work: Chem Trails Berlin
Completion/Publication
Author
Year of Completion: 2013
Author: Maya Hayuk
Author Created: 2-D artwork
Citizen of: United States
Year Born: 1969
Copyright claimant
Registration Number
VAu 1-167-782
Effective date of
registration:
December 14,2013
Domiciled in: United States
Copyright Claimant: Maya Hayuk
720 Lorimer Street #3R, Brooklyn, NY, 11211, UnitedStates
Certification
Name: Aaron Y. Silverstein
Date: December 14,2013
Applicant's Tracking Number: 4.132.11
Page 1 of 1
EXHIBIT D
Certificate ofRegistration
.p-STATf,
Title
This Certificate issued under the seal ofthe Copyright
Officein accordance with title 17, United States Code,
attests that registration has been made for the work
identified below. The information on this certificate has
been made apart oftheCopyright Oflice records.
/TicouL A chfa
Register of Copyrights, UnitedStates of America
Tide ofWork: HayukPaintings 2008-2013
Contents Titles: RemainIn Light Number4
Remain In Light Number 1
Remain In Light Number 2
Remain In Light Number 6
Trails Number 1
Trails Number 2
Trails Number 5
Multiversus Installation
Whitening StripNumber 1
Small Remains Number 1
Greater Than Less Than Number 1
Brown X
Whitening Strip Number 2
Remain In Light Number 7
Remain In Light Black Number 8
Woven
Friendship BraceletsX
Third Eye Weave
Chemical Trails Number 1
Face Without A Face Number 1
Face Without A Face Number 2
Face Without A Face Number 3
Face Without A Face Number 4
Face Without A Face Number 5
Face Without A Face Number 6
Registration Number
VAu 1-164-339
Effective date of
registration:
February6,2014
Page lof 3
Face Without A Face Number 7
Face Without A Face Number 9
Blue Coral
Morning Light Number 1And 2
Head Light Middle
Head Light Number 1
Head Light Number 2
Text Message Number 1
Text Message Number 2
Grid
Houseboat
Text Message Number 3
Pound Key Number 2
Pound Key Number 1
Mountain
Lavender Menace
God Particles Number 1
God Particles Number 2
Swamp
The Others
May Day
Vessel
GardenParty
Undone
Multiverse Diptych
Summer Morning Eve
Easy Chair
-Fishers-Bay -
Wire
Night Chandelier
Who Loves The Sun
Blue Ampersand
Black Ampersand
Magic Hour Weave
Yet Unknown
Steps
Cameo
Small GrowingThorn
Wreath
Page 2 of 3
Goth Seeweed
Dark Matters
Small Lavender Opening
LongTimeComingNumber 1
Bearded One
Rainbow Madras X's
The X's Number 1
Big Exes
Blue Crosses Number 2
Blue Crosses Number 1
Totem
Completion/Publication
Year of Completion: 2013
Author
Author: Maya Hayuk
Author Created: 2-D artwork
Work made for hire: No
Citizen of: United States Domiciled in: United States
Year Born: 1969
Copyright claimant
Copyright Claimant: Maya Hayuk
720 Lorimer Street, #3R, Brooklyn, NY, 11211, United States
Certification
Name: Aaron Y. Silverstein
Date: February 6,2014
Applicant's Tracking Number: 4.136.11
Page 3 of 3
EXHIBIT E
Certificate ofRegistration
STATC
/870-
Title
This Certificate issued under theseal oftheCopyright
Office in accordance with title 17, United States Code,
attests that registration has been made for the work
identified below. The information on this certificate has
been made a part of the Copyright Office records.
Register of Copyrights, United States of America
Title of Work: Hayuk-2011 Collection No. 1
Contents Titles: GOLD FRONT
Registration Number
VAu 1-092-025
Effective date of
registration:
February 9, 2012
NORMAL MURAL
NORMAL MURAL detaill
NORMAL MURAL detail 2
NORMAL MURAL detail 3
CAKE, 2011
BLUE BODY TALK
BEIGE BODY TALK
SAILBOAT
SFNSOS
PASSENGERS II: ICE CREAM CONES
PASSENGERS II: TWO CASTLES
PASSENGERS II: FLAGS OF GLORY
PASSENGERS II: SHAMWOW
PASSENGERS II: CASTLE CITY PEOPLE
FRIENDSHIP BRACELET: BETTER BFF'S
FRIENDSHIP BRACELET: THE BALLAD OF NEVER FORGET
KITES II: NO COME DOWNS
KITE FLIGHTS: NIGHT VISION TECHNOLOGY
KITES #1
KITE FLIGHTS: EXCLAMATION MARKS
BONFIRE II: LEGENDARY BONFIRE
24 HOUR LIFE CYCLE
MEMORY FOAM: MURALAT DRAKE HOTEL
MEMORY FOAM: MURAL AT DRAKE HOTEL (DETAIL)
Page 1 of 3
SEUN KUTI: RISE
GAZE
WOMB WALL(CORNER)
WOMB WALLS (FRONT)
HOW WE DO
UPSIDE DOWN PINK PILE
PINK SMILE II
PINK SMILE
PRIVATE DANCER
TSUNAMI EARTHQUAKE
ROARSHACK #1
FRIENDSHIP BRACELET: MINUS YELLOW
FRIENDSHIP BRACELET: RESSURRECTION
FRIENDSHIP BRACELET: RANCHER
ARENA LIGHTS
DESSERT STORM
THE EXES
MIX TAPE # 4
SPIRAL
SPIRAL FROM THE INSIDE OUT, NO COLORS REPEATING
WEAVE ARE THE WORLD
GATEWAY DRUG
Completion/ Publication
Year of Completion: 2011
Author
Author: Maya Hayuk
Author Created: 2-D artwork
Work made for hire: No
Citizenof: United States Domiciled in: United States
Year Born: 1969
Copyright claimant
Copyright Claimant: MayaHayuk
720 Lorimer Street #3R, Amesbury, NY, 11211, United States
Certification
Name: Aaron Y. Silverstein
Date: February 9,2012
Applicant's Tracking Number: 4.120/AYS
Page 2 of 3
EXHIBIT F
Certificate of Registration
.sT4r*v
IS70-
Title
This Certificate issued under the seal of the Copyright
Oflice in accordance with title 17, UnitedStatesCode,
attests that registration hasbeen made for thework
identified below. The information on this certificate has
been made a part of the Copyright Office records.
^Th^la-^.
>~J3L
Register of Copyrights, United States of America
Title of Work: Hayuk 2012 Collection No. I
Contents Titles: MEMORY FOAM: LOVE IS ALL I LOVE
INNER STELLAR DESERT VIEW
ELVISES
VANISHING KITES
FOREVER POINT
DESERT STARGATE
TOGETHERNESS
SEXY GROWING FLOWER ENERGY
THE PRESENT
XEROPHYTIC LOVER
THE OPENING
REHYDRATING VESSEL
THE FIRE PART OF FIRE
LETS GO BE HERE SOMEWHERE ELSE
DOUBLE RAINBOW
GROWING FOAM
GROWING 2
CAMEO
LATTICE
RAINBOW EXES
THE FIRST BONFIRE
SMALL OPENING
CACTUS
THE FIRE PARTOF FIRE #1
WEAVE ARETHEWORLD
Registration Number
VAu 1-101-923
Effective date of
registration:
May 1.2012
Page 1 of 2
SEXYBOWTIE CLAM BAKE
SEXY BOWTIE: THE AWAKENING
WHITE-WHITE HAMBURGER: LOADED
HOT CROSSES
HOT CROSSES II
RAINBOW SPACE X
PLAID RAINBOW X
EASTER X
PLAID X
SPACE X
BALTIMORE MURAL
BLACK-BLACK HAMBURGER: THE WORKS
HANGING ROCK
HIGH CASTLE
MEMORY FOAM: THE DANCE
LADY PARTS
LADY PARTS TOO
Completion/Publication
[Author
Year of Completion: 2012
Author: Maya Hayuk
Author Created: 2-D artwork
Work made for hire: No
Citizen of: United States Domiciled in: United States
Year Born: 1969
iCopyright claimant
Copyright Claimant: Maya Hayuk .._....
720 LorimerStreet #3R, Brooklyn, NY, 11211, UnitedStates
^^Certification
Name: Aaron Y. Silverstein
Date: May 1,2012
Applicant's Tracking Number: 4.122/AYS
Page 2 of I