UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKTODD DUFFEY,Plaintiff,
PERSEUS, L.L.C. AND JOHN DOES 1-10,Defendants.ECF CaseJury Trial DemandedCOMPLAINTCase#:
The Plaintiff, by and through his undersigned attorney, alleges upon knowledge
tohimself and his own acts, and as to all other matters upon information and belief, and brings thisComplaint against the above-named Defendants, and in support thereof alleges the following:PRELIMINARY STATEMENT
This action is brought by the Plaintiff, the actor who portrayed the character"Chotchkie's Waiter" in the 1999 movie
The Plaintiff seeks monetary andinjunctive relief against the Defendants for the unauthorized use
his photograph.JURISDICTION AND VENUE
Jurisdiction is conferred on this Court pursuant to 28 U.S.C.
thePlaintiffs claim is brought pursuant to Section 43(a)
Lanham Act (15 U.S.C. § 1125(a)).
Venue is proper in this District pursuant to 28 U.S.C. §
because theDefendants are located within this district.PARTIES
The Plaintiff, Todd Duffey (the "Plaintiff'), is an individual residing in LosAngeles County, California.
Based upon information and belief, the Defendant, Perseus, L.L.C. is a Delawarecorporation with a principal place
business located at 250 West 57th St., 15th Floor, New