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Emeco v. East End - Complaint

Emeco v. East End - Complaint

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Published by slburstein
Emeco v. East End - Complaint
Emeco v. East End - Complaint

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Published by: slburstein on Jul 10, 2013
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02/28/2014

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21149090.1
1
UNITED STATES DISTRICT COURTEASTERN DISTRICT OF NEW YORK 
EMECO INDUSTRIES, INC. ))Plaintiff, )v. ) Civil Action No. ______________ )
JURY TRIAL DEMANDED
 EAST END N.Y. IMPORTS, INC., d/b/a )MODWAY and MODWAY FURNITURE ))and ))SUGAR STORES, INC., d/b/a LEXMOD, )ATLANTIC FURNITURE STORE,MID ) CENTURY FURNITURE, SAFCO SHOP, )BESTAR FURNITURE STORE, SHOP) SEATING
 
))and ))MENACHEM T. GREISMAN, MOSHE )MELAMED, AND SHNEUR HIRSCH, )individually )Defendants ) ____________________________________)
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff Emeco Industries, Inc. (“Emeco” or “Plaintiff”), by and through its attorneys,
 brings this Complaint against Defendants Sugar Stores, Inc. d/b/a LexMod, Atlantic FurnitureStores, Mid Century Furniture, Shop Seating, Bestar Furniture Store, and Safco Shop ("Sugar Stores"); East End N.Y. Imports, Inc. d/b/a Modway and Modway Furniture ("East EndImports"); and Menachem T. Greisman, Shneur Hirsch, and Moshe Melamed in their individual
capacity (collectively referred to hereinafter as "Defendants”) for injunctive relief and damages.
Emeco alleges as follows:
NATURE OF THE ACTION
1.
 
This action arises out of Defendants' flag
rant and willful infringement of Emeco’s
trade dress and trademark rights in its world-renowned Navy Chair® collection, willful
Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 1 of 57 PageID #: 1
 
21149090.1
2infringement of Emeco's design patents that protect the ornamental design features of seats sold by Emeco, and related conduct.2.
 
Defendants have offered and offer for sale a series of cheaply made, low-priced
counterfeits, with the confusingly similar “Navy Chair” and/or "Sailor Chair" names, that copy
the iconic and highly distinctive design of the Navy Chair® product line. Below is a side-by-
side comparison of Emeco’s 1006 Navy Chair® and Defendants' “Sailor Chair,” and a side
-by-
side comparison of Emeco’s 111 Navy Chair® and Defendants' counterfeit “Navy Chair.”
 
Emeco’s
 
1006 Navy Chair®
Defendants' “Sailor Chair”
1
 
Emeco’s 111 Navy Chair®
 
Defendants' “Navy Chair”
2
 
1
 
http://www.modwayfurniture.com/popup.aspx?src=/images/product/large/EEI-172-SLV_3_.jpg, accessed anddownloaded on June 27, 2013.
 
2
http://www.modwayfurniture.com/popup.aspx?src=/images/product/large/EEI-219-RED_1_.jpg, accessed anddownloaded on June 27, 2013.
 
Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 2 of 57 PageID #: 2
 
21149090.1
33.
 
Defendants also have offered and offer for sale a series of cheap, low-priced
counterfeits that copy the ornamental design features of Emeco's Kong™ pro
duct line protected by design patents. Below is a side-by-
side comparison of Emeco’s Kong™ Chair andDefendants' “Casper Chair” (also known as the "Ghost" or "King" Chair).
 
Emeco’s Kong
Chair
Defendants' “Casper Chair”
3
 
4.
 
Originally commissioned by the United States Navy during World War II, theEmeco 1006 Navy Chair® ("Navy Chair®") is a classic of twentieth century design, universallycelebrated for its craftsmanship and sustainable composition. The Navy Chair® is featured inthe permanent collections of modern art museums and is a prominent fixture of homes, offices,colleges, hotels, and restaurants around the world. Composed of recycled aluminum, the chairsare sculpted and manufactured by hand in Hanover, Pennsylvania through a highly technical and precise system of 77 steps. As a result of this rigorous process, the Navy Chair® is three timesas strong as steel and is built to last for 150 years. The Navy Chair® is sold at retail for approximately $450.5.
 
Emeco also constructs an identical version of the Navy Chair® made out of recycled plastic Coca-
Cola bottles (known as the “111 Navy Chair®”) as part of a Joint Venture
3
http://www.modwayfurniture.com/popup.aspx?src=/images/product/large/EEI-219-RED_1_.jpg, accessed anddownloaded on June 27, 2013.
 
Case 1:13-cv-03795-JBW-VVP Document 1 Filed 07/08/13 Page 3 of 57 PageID #: 3

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