Complaint Hadassah V Yudith Esther Alvarez

Case 1:11-cv-11660-MBB Document 1
Filed 09/20/11 Page 1 of 13
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS ) ) ) ) ) ) ) ) ) ) ) )
HADASSAH, THE WOMENS ZIONIST ORGANIZATION OF AMERICA, INC., Plaintiff, -againstYUDITH ESTHER ALVAREZ, ESTHER HADASSAH COSMETICS INTERNATIONAL LLC, Defendants.
Case No.: ____________
COMPLAINT For its complaint plaintiff alleges and avers as follows: PARTIES 1. Plaintiff Hadassah, The Womens Zionist Organization of America, Inc.
(Hadassah) is, and at all relevant times has been, a non-profit organization organized and existing under the laws of the State of New York. Hadassah has an office at 50 West 58th Street, New York, New York 10019. 2. Upon information and belief, defendant Yudith Esther Alvarez (Alvarez) is an Upon
individual with an address at 159 Essex Street, Lawrence, Massachusetts 01840.
information and belief, Alvarez is the owner and manager of Defendant Esther Hadassah. She is also the administrative contact for the website http://www.estherhadassah.com. 3. Defendant Esther Hadassah Cosmetics International LLC is a Massachusetts
corporation with an address at 159 Essex Street, Lawrence, Massachusetts 01840 and an Internet presence at http://www.estherhadassah.com (Defendant Esther Hadassah). Attached hereto as
Exhibit A is a copy of the Secretary of the Commonwealth of Massachusettss record for Esther Hadassah. NATURE OF THIS ACTION 4. This is an action for (i) trademark infringement under Section 32 of the
Trademark Act of 1946 (Lanham Act), as amended, 15 U.S.C. 1114(1)(a); (ii) false designation of origin and false representation in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a); (iii) trademark dilution under Section 43(c) of the Lanham Act, as amended, 15 U.S.C. 1125(c); and (iv) trademark infringement, unfair competition, dilution and unjust enrichment under the common and statutory law of Massachusetts. JURISDICTION AND VENUE 5. This Court has jurisdiction over the subject matter of this action under 15 U.S.C.
1121, 28 U.S.C. 1331, 1338(a) and 1338(b) and 1367. 6. In addition, this Court has jurisdiction over the subject matter of this action under
28 U.S.C. 1332, because Plaintiff is a citizen of the State of New York and Defendants are citizens of the State of Massachusetts and the amount in controversy exceeds $ 75,000, exclusive of interest and costs. 7. district. FACTS Hadassah, The Womens Zionist Organization of America, Inc.s Marks 8. Since 1912, Hadassah has operated as a volunteer womens organization Venue is proper under 28 U.S.C. 1391 because Defendants reside in this judicial
providing educational, health and spiritual services in the United States and throughout the
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world. Hadassah is dedicated to fostering the ethics and ideals of Judaism while offering programs, services, products and activities for the furtherance of womens, youths and familial health, education and well-being. 9. Hadassah operates as a tax exempt, public charitable organization under Section
501(c)(3) of the United States Tax Code, I.R.C. 501(c)(3). 10. Hadassah owns the following trademarks, which are registered with the United
States Patent and Trademark Office (PTO) (together, the HADASSAH Marks): Mark HADASSAH Reg. No./ Date 2,376,815 08/15/2000 Goods / Services
Pre-recorded video tapes and pre-recorded audio cassette tapes, in the field of education, Zionism, Judaism, health and women's issues; and magnets (Class 9); First use since 1991 Printed materials, namely, a series of nonfiction books and brochures, in the field of education, Zionism, Judaism, health and women's issues; greeting cards, printed certificates, calendars, address books, stickers, printed display cards, paper place mats and writing instruments (Class 16); First use since 1917 Clothing, namely, T-shirts and ties, (Class 25); First use since 1995 Education in the field of reading and writing, Judaism and Zionism (Class 41); First use since 1912 Educational services, namely, conducting classes, in the field of family and home; women and the workplace; social action; and self and spirituality (Class 42). First use since 1912
2,376,813 08/15/2000
Pre-recorded video tapes and pre-recorded audio cassette tapes, in the field of education, Zionism, Judaism, health and women's issues; and magnets (Class 9); First use since 1991 Printed materials, namely, a series of nonfiction books and brochures, in the field of education, Zionism, Judaism, health and women's issues; greeting cards, printed certificates, calendars, address books, stickers, printed display cards, paper place mats and writing instruments (Class 16); First use since 1990 Clothing, namely, T-shirts and ties, (Class 25); First use since 1995
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Education in the field of reading and writing, Judaism and Zionism (Class 41); First use since 1912 Educational services, namely, conducting classes, in the field of family and home; women and the workplace; social action; and self and spirituality (Class 42). First use since 1912
2,376,814 08/15/2000
Printed materials, namely, a series of nonfiction books and brochures, in the field of education, Zionism, Judaism, health and women's issues; greeting cards, printed certificates, calendars, address books, stickers, printed display cards, paper place mats and writing instruments (Class 16); First use since 1990 Education in the field of reading and writing, Judaism and Zionism (Class 41); First use since 1990 Educational services, namely, conducting classes, in the field of family and home; women and the workplace; social action; and self and spirituality (Class 42). First use since 1990
HADASSAH
2,629,782 10/08/2002
Printed publications, namely, bulletins, newsletters, pamphlets, and magazines featuring topics in the field of education, Zionism, Judaism, health and women's issues, family matters and medical issues, travel and tourist information (Class 16); First use since 1914 Computerized on-line ordering services and ordering services featuring greeting cards, printed certificates, calendars, address books, stickers, printed display cards, clothing, novelty items, pre-recorded video tapes, and pre-recorded audio cassettes (Class 35); First use since August 1995 Computerized on-line travel services, namely, the arranging of itineraries, hotel bookings, and travel tips; travel services, namely, making reservations and bookings for transportation; travel information services; arranging travel tours, tour guide services; arranging excursions for tourists; conducting sightseeing tours for others; arranging for travel services for persons traveling abroad (Class 39); First use since March 1952 Computerized on-line information pertaining to education in the fields of reading, and writing, Judaism and Zionism (Class 41); First use since August 1995 Computer services, namely, providing on-line publications in the nature of magazines, a series of nonfiction books and brochures, in the fields of education, Zionism, Judaism, health and women's issues; providing a on-line computer
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2,380,591 08/29/2000
website of information pertaining to charitable services; charitable services, namely, providing food, clothing and/or medicine, and health care services, promoting public awareness of the need for healthcare, education and the wellbeing of women and the family; and medical services; computer services, namely providing search engines for obtaining data on a global computer network, association services, namely, promoting the interests of Judaism and Zionism (Class 42). First use since August 1995 Printed materials, namely, a series of nonfiction books and brochures, in the field of education, Zionism, Judaism, health and women's issues; greeting cards, printed certificates, calendars, address books, stickers, printed display cards, paper place mats and writing instruments (Class 16); First use since 1990 Education in the field of reading and writing, Judaism and Zionism (Class 41); First use since 1990 Educational services, namely, conducting classes, in the field of family and home; women and the workplace; social action; and self and spirituality (Class 42); First use since 1990 Educational services, providing seminars, workshops, and conferences in the field of women, stereotypes and the entertainment industry; computer on-line services offered over the worldwide global communications network featuring information about women, stereotypes and the entertainment industry (Class 41); First use since December 2001
2,737,962 07/15/2003
HADASSAH ESTHER
3,559,766 01/13/2009 2,991,484 09/16/2005
Jewelry (Class 14); First use since 1941 Pearls, diamonds and for jewelry set with pearls, diamonds, or precious or semi-precious gemstones (Class 14); First use since June 25, 2004
11.
Copies of the certificates of registration for the HADASSAH Marks are attached
hereto as Exhibits B-I. 12. 13. Each of the above registrations is valid, subsisting, and in full force and effect. Each of the registrations identified in Exhibit B-G is incontestable in accordance
with the provisions of 15 U.S.C. 1065.
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14.
ESTHER and HADASSAH refer to the same biblical character and, thus, have
interchangeable meanings. 15. Each of the registrations identified in Exhibits B, C, D, G, and H state: The
English translation of HADASSAH is ESTHER. 16. The HADASSAH Marks are distinctive and famous. They are widely recognized
throughout the United States for a wide range of services and goods. The HADASSAH Marks are strongly associated with women. 17. Hadassah has been conducting business using the HADASSAH Marks throughout
the United States including in this judicial district and elsewhere for over ninety years. 18. Hadassah has spent significant resources advertising its goods and services
throughout the United States, including in this judicial district and elsewhere. 19. Hadassah. 20. There is a substantial demand for goods and services associated with the The public, thus, strongly associates and identifies the HADASSAH Marks with
HADASSAH Marks and, therefore, the goodwill and right to provide goods and services under the HADASSAH Marks are valuable commercial property rights. Defendants Infringing Activities 21. On information and belief, long after Hadassahs adoption and use of the
HADASSAH Marks, and long after the HADASSAH Marks became famous and distinctive and without Hadassahs consent, Defendants adopted and began use of ESTHER HADASSAH as a company name and as a brand name to identify: (a) an online retail store selling cosmetics and (b) the actual cosmetic products.
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22.
On May 11, 2010, Defendants applied to the PTO for a trademark registration for
the name ESTHER HADASSAH to identify cosmetic products. Attached hereto as Exhibit J is Defendants PTO application. 23. In February 2011, Defendants filed a specimen of use showing use of ESTHER
HADASSAH on cosmetic products. Attached hereto as Exhibit K is the specimen of use filed by Defendants with the PTO. 24. Defendants also use ESTHER HADASSAH as part of the domain name
http://www.estherhadassah.com, through which products are intended to be sold to the public. Attached as Exhibit L are copies of current and past ESTHER HADASSAH website pages displaying prominently the mark ESTHER HADASSAH on the website and on products. 25. Although Hadassah asked Defendants to stop using ESTHER HADASSAH and
informed Defendants of Hadassahs prior exclusive rights in the marks HADASSAH and ESTHER, Defendants refused to stop. 26. Upon information and belief, Defendants selection and continued use of the
HADASSAH Marks is willful and with full knowledge of Hadassahs prior rights and of Hadassahs objection to Defendants use thereof. 27. Defendants use of ESTHER HADASSAH in connection with cosmetics products
and related retail store services targeted at women is likely to cause confusion, mistake and/or deceit of the public as to an affiliation, association or sponsorship of Defendants products by Hadassah. 28. Defendants offering of goods and services in connection with ESTHER
HADASSAH tends falsely to represent that the goods and services originate from Hadassah or
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that said goods and services have been sponsored, approved or licensed by Hadassah or are in some way affiliated or connected with Hadassah. 29. Defendants use of ESTHER HADASSAH, or variations thereof, is impairing the
distinctiveness of Hadassahs valuable rights in and to the HADASSAH Marks. 30. Defendants use of ESTHER HADASSAH, or variations thereof, is likely to
continue to dilute the HADASSAH Marks. 31. By appropriating the goodwill of Hadassahs widely known and respected
HADASSAH Marks, Defendants unjustly enrich themselves. 32. 33. Hadassah has no adequate remedy at law. Defendants conduct, if not enjoined, will cause irreparable damage to Hadassahs
rights in the HADASSAH Marks, and to its reputation and goodwill-associated strength. COUNT I Federal Trademark Infringement [15 U.S.C. 1114(1)(a)] 34. Hadassah repeats and realleges all of the allegations contained in the preceding
paragraphs of the Complaint as though the same were fully written herein. 35. The acts of Defendants complained of herein constitute infringement of
Hadassahs federally registered trademarks and services marks under Section 32 of the Lanham Act, 15 U.S.C. 1114 (1)(a).
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COUNT II False Designation of Origin and False Representation [15 U.S.C. 1125(a)] 36. Hadassah repeats and realleges all of the allegations contained in the preceding
paragraphs of the Complaint as though the same were fully written herein. 37. The acts of Defendants complained of herein constitute false designation of origin
and false representation in violation of Section 43(a) of the Lanham Act, 15 U.S.C. 1125(a). COUNT III Federal Trademark Dilution [15 U.S.C. 1125(c)(1)] 38. Hadassah repeats and realleges all of the allegations contained in the preceding
paragraphs of the Complaint as though the same were fully written herein. 39. The acts of Defendants complained of herein are likely to dilute the HADASSAH
Marks in violation of Section 43(c) of the Lanham Act, 15 U.S.C. 1125(c)(1). COUNT IV Massachusetts Injury to Business [M.G.L. 110H 13] 40. Hadassah repeats and realleges all of the allegations contained in the preceding
paragraphs of the Complaint as though the same were fully written herein. 41. The acts of Defendants complained of herein are likely to injure the business
reputation of Hadassah in violation of M.G.L. 110H 13.
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COUNT V Massachusetts Trademark Dilution [M.G.L. 110H 13] 42. Hadassah repeats and realleges all of the allegations contained in the preceding
paragraphs of the Complaint as though the same were fully written herein. 43. The acts of Defendants complained of herein are likely to dilute the distinctive
quality of the HADASSAH Marks in violation of M.G.L. 110H 13. COUNT VI Common Law Unfair Competition 44. Hadassah repeats and realleges all of the allegations contained in the preceding
paragraphs of the Complaint as though the same were fully written herein. 45. The acts of Defendants complained of herein constitute unfair competition in
violation of the common law of the State of Massachusetts. COUNT VII Common Law Unjust Enrichment 46. Hadassah repeats and realleges all of the allegations contained in the preceding
paragraphs of the Complaint as though the same were fully written herein. 47. The acts of Defendants complained of herein constitute unjust enrichment of
Defendants at Hadassahs expense in violation of the common law of the State of Massachusetts. PRAYER FOR RELIEF WHEREFORE, Hadassah demands: 1. That Defendants, their agents, servants, employees, attorneys, representatives,
successors and assigns and all persons, firms, or corporations in active concert or participation with Defendants be preliminarily and permanently enjoined and restrained from:
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(a)
using in any manner, on, with or in connection with any of Defendants
services and goods, the words HADASSAH and/or ESTHER alone or in connection with other words or designs including ESTHER HADASSAH, or any word or phrase confusingly similar thereto, including, but not limited to, on or in connection with the website, http://www.estherhadassah.com; (b) using in any manner on, with, or in connection with any of Defendants
services and goods, including, but not limited on or in connection with the website, http://www.estherhadassah.com, any of the HADASSAH Marks, as defined herein, or any mark confusingly similar thereto, that is likely to cause confusion, deception, or mistake or that dilutes or is likely to dilute the distinctive quality thereof; (c) passing off, inducing, or enabling others to sell or pass off Defendants
services and goods as and for Hadassahs goods and services, including but not limited to, on or in connection with the website, http://www.estherhadassah.com; (d) engaging in any other conduct, including but not limited to, on or in
connection with the website, http://www.estherhadassah.com, which tends falsely to represent, or is likely to confuse, mislead, or deceive purchasers, Defendants customers, and other members of the public to believe that Defendants goods and services are connected with Hadassah or are sponsored, approved or licensed by Hadassah, or are in some way connected or affiliated with Hadassah; (e) further diluting or infringing the HADASSAH Marks and damaging
Hadassahs goodwill, including but not limited to, on or in connection with the website, http://www.estherhadassah.com;
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(f)
using any reproduction, counterfeit, copy, or colorable imitation of any of
the HADASSAH Marks in connection with Defendants publicity, promotion, offer to sell, distribution, or advertising of products, including but not limited to, on or in connection with the website, http://www.estherhadassah.com; (g) otherwise, competing unfairly with Hadassah in any manner, including but
not limited to its operation of the website, http://www.estherhadassah.com; and (h) assisting, aiding or abetting any other person or business entity in
engaging in or performing any of the activities referred to in subparagraph (a) through (g). 2. That Defendants be required to assign to Hadassah all rights, title and interest in
any website or URL owned or operated by Defendants, which includes the words ESTHER and HADASSAH or any variations thereof, including but not limited to the website, http://www.estherhadassah.com. 3. That Defendants be required to deliver to the Court for destruction, or to show
proof of destruction of, any and all original, copies and reproductions in their possession or under their control of any goods and promotional and advertising material, and any other unauthorized items which reproduce, copy, counterfeit, imitate, bear or use the Hadassah name or the HADASSAH Marks. 4. That Defendants be ordered to file with this Court and to serve upon Hadassah,
within 30 days after entry and service on Defendants of each injunction, a report in writing and under oath setting forth in detail the manner and form in which Defendants have complied with the injunction.
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5.
That Hadassah recover all damages sustained as a result of Defendants activities
and that said damages be trebled. 6. That Defendants be required to account for and to pay to Hadassah all of
Defendants profits and all of Hadassahs damages resulting from Defendants infringing, diluting and other unfair activities. 7. That Hadassah recover from Defendants its costs of this action, reasonable
counsel fees, and prejudgment interest. 8. That Hadassah recover from Defendants punitive damages; and all other and
further relief as the Court may deem just and proper under the circumstances.
Respectfully submitted, Dated: September 20, 2011 By: /s/ Jennifer B. Furey Jennifer B. Furey, BBO #: 634174 Cooley Manion Jones LLP 21 Custom House Street Boston, MA 02110 Tel: (617) 670-8517 Fax: (617) 737-0374 Mark N. Mutterperl FULBRIGHT & JAWORSKI L.L.P. 666 Fifth Avenue New York, NY 10103 Tel: (212) 318-3000 Fax: (212) 318-3400
(PRO HAC VICE TO BE SUBMITTED)
Attorneys for Plaintiff Hadassah, the Women's Zionist Organization of America, Inc.
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2JS 44 (Rev. 12/07)
Filed CIVIL COVER SHEET 09/20/11 Page 1 of 2
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.)
I. (a) PLAINTIFFS
DEFENDANTS
(b) County of Residence of First Listed Plaintiff
New York County, NY
County of Residence of First Listed Defendant
Essex County, MA
(EXCEPT IN U.S. PLAINTIFF CASES)
(IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number)
Attorneys (If Known)
II. BASIS OF JURISDICTION

u 1
U.S. Government Plaintiff
(Place an X in One Box Only)
III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an X in One Box for Plaintiff

(For Diversity Cases Only) PTF u 1 Citizen of This State Citizen of Another State DEF u 1 and One Box for Defendant) PTF DEF Incorporated or Principal Place u 4 u 4 of Business In This State Incorporated and Principal Place of Business In Another State Foreign Nation
u 3 Federal Question (U.S. Government Not a Party) u 4 Diversity

(Indicate Citizenship of Parties in Item III)
u 2
U.S. Government Defendant
u 2 u 3
u u
u 5 u 6
u 5 u 6
Citizen or Subject of a Foreign Country
IV. NATURE OF SUIT

CONTRACT
(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 440 Other Civil Rights PERSONAL INJURY u 362 Personal Injury Med. Malpractice u 365 Personal Injury Product Liability u 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY u 370 Other Fraud u 371 Truth in Lending u 380 Other Personal Property Damage u 385 Property Damage Product Liability PRISONER PETITIONS u 510 Motions to Vacate Sentence Habeas Corpus: u 530 General u 535 Death Penalty u 540 Mandamus & Other u 550 Civil Rights u 555 Prison Condition
FORFEITURE/PENALTY
BANKRUPTCY
OTHER STATUTES
u u u u u u u u u u u u u u u u u u
110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excl. Veterans) 153 Recovery of Overpayment of Veterans Benefits 160 Stockholders Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property
u u u u u u u u u u u u u u u u
u 610 Agriculture u 620 Other Food & Drug u 625 Drug Related Seizure of Property 21 USC 881 u 630 Liquor Laws u 640 R.R. & Truck u 650 Airline Regs. u 660 Occupational Safety/Health u 690 Other LABOR u 710 Fair Labor Standards Act u 720 Labor/Mgmt. Relations u 730 Labor/Mgmt.Reporting & Disclosure Act u 740 Railway Labor Act u 790 Other Labor Litigation u 791 Empl. Ret. Inc. Security Act
IMMIGRATION u 462 Naturalization Application u 463 Habeas Corpus Alien Detainee u 465 Other Immigration Actions
u 422 Appeal 28 USC 158 u 423 Withdrawal 28 USC 157

PROPERTY RIGHTS u 820 Copyrights u 830 Patent u 840 Trademark
u u u u u u u u u u u u u u u u u u u
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 u 870 Taxes (U.S. Plaintiff or Defendant) u 871 IRSThird Party 26 USC 7609
u u u u u
400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Acts 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Information Act 900Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes
V. ORIGIN
u 1 Original Proceeding
u 2 Removed from
State Court
(Place an X in One Box Only)
Appeal to District Appellate Court
u 3 Remanded from
u 4 Reinstated or u 5 Transferred from u 6 Multidistrict another district Reopened Litigation (specify)
u 7 Judge from Magistrate

Judgment
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
15 U.S.C. 1125 VI. CAUSE OF ACTION Brief description of cause: Trademark infringement, unfair competition, trademark dilution and unjust enrichment CHECK YES only if demanded in complaint: DEMAND $ u CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER F.R.C.P. 23 No u Yes u JURY DEMAND: COMPLAINT: VIII. RELATED CASE(S) (See instructions): JUDGE DOCKET NUMBER IF ANY
DATE SIGNATURE OF ATTORNEY OF RECORD
09/20/2011
FOR OFFICE USE ONLY RECEIPT # AMOUNT
/s/ Jennifer B. Furey
APPLYING IFP
JUDGE
MAG. JUDGE
JS 44 Reverse (Rev. 12/07)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading 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. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I. (a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. (b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the defendant is the location of the tract of land involved.) (c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section (see attachment). II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an X in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an X in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an X in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. V. Origin. Place an X in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When this box is checked, do not check (5) above. Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judges decision. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. Requested in Complaint. Class Action. Place an X in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.
UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS
1. Title of case (name of first party on each side only)
Hadassah v. Yudith Esther Alvarez
2. Category in which the case belongs based upon the numbered nature of suit code listed on the civil cover sheet. (See local rule 40.1(a)(1)). I. II. 410, 441, 470, 535, 830*, 891, 893, 894, 895, R.23, REGARDLESS OF NATURE OF SUIT. 110, 130, 140, 160, 190, 196, 230, 240, 290,320,362, 370, 371, 380, 430, 440, 442-446, 710, 720, 730, 740, 790, 820*, 840*, 850, 870, 871. 120, 150, 151, 152, 153, 195, 210, 220, 245, 310, 315, 330, 340, 345, 350, 355, 360, 365, 368, 385, 400, 422, 423, 450, 460, 462, 463, 465, 480, 490, 510, 530, 540, 550, 555, 610, 620, 625, 630, 640, 650, 660, 690, 791, 810, 861865, 875, 890, 892, 900, 950. *Also complete AO 120 or AO 121. for patent, trademark or copyright cases.
III.
3. Title and number, if any, of related cases. (See local rule 40.1(g)). If more than one prior related case has been filed in this district please indicate the title and number of the first filed case in this court.
4. Has a prior action between the same parties and based on the same claim ever been filed in this court? YES
NO

(See 28 USC
5. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest? 2403) YES If so, is the U.S.A. or an officer, agent or employee of the U.S. a party? YES

NO

NO
6. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC 2284? YES
NO

7. Do all of the parties in this action, excluding governmental agencies of the united states and the Commonwealth of Massachusetts (governmental agencies), residing in Massachusetts reside in the same division? - (See Local Rule 40.1(d)). YES A.
NO
If yes, in which division do all of the non-governmental parties reside? Eastern Division

Central Division

Western Division

B.
If no, in which division do the majority of the plaintiffs or the only parties, excluding governmental agencies, residing in Massachusetts reside? Eastern Division Central Division Western Division
8. If filing a Notice of Removal - are there any motions pending in the state court requiring the attention of this Court? (If yes, submit a separate sheet identifying the motions) YES (PLEASE TYPE OR PRINT) ATTORNEY'S NAME ADDRESS
NO
Jennifer B. Furey, Esq., Cooley Manion Jones LLP
21 Custom House Street, Boston, MA 02110 TELEPHONE NO. (617) 737-3100

(CategoryForm4-4-11.wpd - 4/4/11)

Complaint Hadassah V Yudith Esther Alvarez

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Complaint Hadassah V Yudith Esther Alvarez

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Case 1:11-cv-11660-MBB Document 1

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS ) ) ) ) ) ) ) ) ) ) ) )

Case No.: ____________

individual with an address at 159 Essex Street, Lawrence, Massachusetts 01840.

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3,559,766 01/13/2009 2,991,484 09/16/2005

with the provisions of 15 U.S.C. 1065.

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reputation of Hadassah in violation of M.G.L. 110H 13.

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using in any manner, on, with or in connection with any of Defendants

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using any reproduction, counterfeit, copy, or colorable imitation of any of

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That Hadassah recover all damages sustained as a result of Defendants activities

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