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JS 44C/SDNY

REV. 4/2014

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CIVIL COVER SHEET

NOV 1 9 2014

The JS-44 civil coversheet and the information contained herein neitherreplace norsupplement the filing and serviceof
pleadings or other papers as required by law, exceptas provided by local rulesof court. Thisform, approved bythe
Judicial Conference ofthe United States inSeptember1974,is required foruse ofthe Clerk of Court forthe purposeof
initiating the civil docketsheet.
---
_

PLAINTIFFS

INDAI

Big Apple Tutoring LLC

Big Apple Education Center, Inc.


Cambridge Educational Center Inc.

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER


Meister Seelig & Fein LLP
125 Park Avenue, 7th Floor, New York, NY 10017

ATTORNEYS (IF KNOWN)

212-655-3500

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE)
(DO NOTCITEJURISDICTIONAL STATUTES UNLESSDIVERSITY)
15 USC 1051

Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time? NcEVesQjudge Previously Assigned
If yes, was this case Vol. Invol. Q Dismissed. No fj Yes fj If yes, give date
IS THIS AN INTERNATIONAL ARBITRATION CASE?

No [*]

(PLACEAN [x] INONEBOXONLY)

&CaseNo.

Yes Q
NATURE OF SUIT
ACTIONS UNDER STATUTES

CONTRACT

PERSONAL INJURY

PERSONAL INJURY

FORFErTURE/PENALTY

[ ] 367 HEALTHCARE/
[]110
IJ120
[]130
N140

MARINE

[ ] 310 AIRPLANE
[ J 315 AIRPLANE PRODUCT

MILLER ACT
NEGOTIABLE

[ ] 320 ASSAULT, LIBEL &

INSURANCE

LIABILITY

INSTRUMENT

[]150

SLANDER

[ ] 340 MARINE
[ ] 345 MARINE PRODUCT

MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS

1)190
[]195

PRODUCT LIABILITY

LIABILITY

[ ] 350 MOTOR VEHICLE

[ )368 ASBESTOS PERSONAL l JbaU "'MtK


INJURY PRODUCT
LIABILITY

INJURY

[ ] 370 OTHER FRAUD


[ J 371 TRUTH IN LENDING

SOCIAL SECURITY

[ J 380 OTHER PERSONAL

[ ] 362 PERSONAL INJURY MED MALPRACTICE

[ ]290

REAPPORTIONMENT

[
[
[
[
[

] 410 ANTITRUST
] 430 BANKS & BANKING
] 450 COMMERCE
] 460 DEPORTATION
] 470 RACKETEER INFLU
ORGANIZATION ACT

(RICO)
[ ] 480 CONSUMER CREDIT
[ ] 490 CABLE/SATELLITE TV
[ ] 850 SECURITIES/

[ j 862 BLACK LUNG (923)

PROPERTY DAMAGE

[ ] 385 PROPERTY DAMAGE

[ ] 710 FAIR LABOR


STANDARDS ACT

[ ] 720 LABOR/MGMT

OTHER

PRISONER PETITIONS

[ ] 463 ALIEN DETAINEE


[ ] 510 MOTIONS TO
ACTIONS UNDER STATUTES

VACATE SENTENCE
28 USC 2255

CIVIL RIGHTS

LAND
FORECLOSURE
RENT LEASE &
EJECTMENT
TORTS TO LAND

[ ] 440 OTHER CIVIL RIGHTS


(Non-Prisoner)
[ ] 441 VOTING
[ ] 442 EMPLOYMENT
[ ] 443 HOUSING/
ACCOMMODATIONS

[ ] 445 AMERICANS WITH


DISABILITIES EMPLOYMENT

TORT PRODUCT
LIABILITY

[ ] 446 AMERICANS WITH

ALL OTHER

[ ] 448 EDUCATION

[ ] 530 HABEAS CORPUS


[ ] 535 DEATH PENALTY

[ j 540 MANDAMUS &OTHER

[ ] 863 DIWC/DIWW (405(g))

[ j 864 SSID TITLE XVI


[ ] 865 RSI (405(g))

[ ] 890 OTHER STATUTORY

RELATIONS

ACTIONS

[ ] 740 RAILWAY LABOR ACT


[ ] 751 FAMILY MEDICAL
LEAVE ACT (FMLA)
[ ] 790 OTHER LABOR
LITIGATION

[ ] 791 EMPL RET INC


SECURITY ACT
IMMIGRATION

PRISONER CIVIL RIGHTS

[ ] 462 NATURALIZATION

[ ] 550 CIVIL RIGHTS

[ j 555 PRISON CONDITION

COMMODITIES/
EXCHANGE

[ ]861 HIA(1395ff)

LABOR

PRODUCT LIABILITY

CONDEMNATION

[ ]240
[ ]245

28 USC 157

[ ] 820 COPYRIGHTS
[ ] 830 PATENT
M 840 TRADEMARK

PRODUCT LIABILITY

REAL PROPERTY

[ ]220
[ ] 230

[ ] 423 WITHDRAWAL

375 FALSE CLAIMS

ENCED & CORRUPT

LIABILITY

[]210

f] 400 STATE

28 USC 158

PROPERTY RIGHTS

PERSONAL PROPERTY

CONTRACT

[ ] 196 FRANCHISE

21 usr Jf

. . . OTT,

OTHER STATUTES

[ ] 360 OTHER PERSONAL

RECOVERY OF
OVERPAYMENT
OF VETERAN'S
BENEFITS
STOCKHOLDERS
SUITS

CONTRACT
PRODUCT

QF pRopERTY

BANKRUPTCY

[ ] 422 APPEAL

[ j 355 MOTOR VEHICLE

(EXCL VETERANS)

(]160

[ ]365 PERSONAL INJURY

EMPLOYERS'
LIABILITY

OF JUDGMENT

[]153

INJURY/PRODUCT LIABILITY l^

[ ] 330 FEDERAL

RECOVERY OF
OVERPAYMENT &
ENFORCEMENT

[ ]151
[ ]152

PHARMACEUTICAL PERSONAL , , 625DRUG RELATED

APPLICATION

[ ] 465 OTHER IMMIGRATION

[ ] 560 CIVIL DETAINEE

[ ] 891 AGRICULTURAL ACTS


FEDERAL TAX SUITS

[ ] 870 TAXES (U.S. Plaintiff or


Defendant)
[ ] 871 IRS-THIRD PARTY

[ J 893 ENVIRONMENTAL
MATTERS

[ ] 895 FREEDOM OF
INFORMATION ACT

26 USC 7609

[ ] 896 ARBITRATION
[ ] 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION

1 ] 950 CONSTITUTIONALITY OF
STATE STATUTES

ACTIONS

CONDITIONS OF CONFINEMENT

DISABILITIES -OTHER

REAL PROPERTY

Check ifdemandedincomplaint:

CHECK IF THIS IS ACLASS ACTION


UNDER F.R.C.P. 23

DEMAND $1.000.000

OTHER inJ- relief

DCI YOUJCLAJM THIS CASE IS RELATED TOACIVIL CASE NOW PENDING IN S.D.N.Y.'
JUDGE

DOCKET NUMBER

Check YES onlyIfdemanded incomplaint

JURY DEMAND: IEl YES UNO

NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).

(PLACEAN x INONEBOXONLY)

L3 1 Original

Proceeding

ORIGIN

LJ 2 Removed from

II 3 Remanded LJ 4 Reinstated or

state Court

from

|-|
a allparties
, raprasmted
..
|_| a.

Reopened

LJ 5 Transferred from fj 6 Multidistrict


(Specify District)

Litigation

LD 7 Appeal to District
Judgefrom

Appellate
court

Magistrate Judge
Judgment

| | b. At least one
party Is pro se.

(PLACEAN x INONEBOXONLY)

1 U.S. PLAINTIFF

BASIS OF JURISDICTION

2 U.S. DEFENDANT LH 3 FEDERAL QUESTION

IFDIVERSITY, INDICATE

Q4 DIVERSITY

CITIZENSHIP BELOW.

(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)


(Place an [X] in one box for Plaintiff and one box for Defendant)
CITIZEN OF THIS STATE

PTF

DEF

[ ]1

[ ]1

PTFDEF

CITIZEN OR SUBJECT OF A

[ ]3[ ]3

FOREIGN COUNTRY

CITIZEN OF ANOTHER STATE

[ ]2

[ ]2

INCORPORATED and PRINCIPAL PLACE

PTF

DEF

[ ]5

[ ]5

[ ]6

[ ]6

OF BUSINESS IN ANOTHER STATE

INCORPORATED or PRINCIPAL PLACE

[ ]4 [ ]4

FOREIGN NATION

OF BUSINESS IN THIS STATE

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

Big Apple Tutoring LLC


35 Oscaleta Road

Ridgefield, CT 06877

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

Big Apple Education Center Inc.


1558 Third Avenue, Suite 300, New York, NY 10128

Cambridge Educational Center Inc.


6465 East Johns Crossing, Duluth, GA 30097
DEFENDANT(S) ADDRESS UNKNOWN
REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
RE9IBENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one:

THIS ACTION SHOULD BE ASSIGNED TO:

WHITE PLAINS

[x] MANHATTAN

(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS
COMPLAINT.)

DATE , i

1 ,

SIGNAj^REOFATTepNEyOFSEGeRTJ

ADMITTED TO PRACTICE IN THIS DISTRICT

VyLA.^ Jf ^ /

pj YES (DATE ADMITTED Mo.

RECEIPT #

Attorney Bar Code # NY4098190

^.JJDGItWS*

Magistrate Judge is to be designated by the Clerk of the Cq

Magistrate Judge

is so Designated.

Ruby J. Krajick, Clerk of Court by

Deputy Clerk, DATED

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

Clear Form

Save

Print

Yr. 2004

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DIS^RICf OF ^IMYORK Os 1

I 31

Lv

V -i

BIG APPLE TUTORING LLC,

Plaintiff,
COMPLAINT

-against-

CO

CO

BIG APPLE EDUCATION CENTER, INC. and


CAMBRIDGE EDUCATIONAL CENTER INC.,

Jury Trial Demanded

Defendants.

Plaintiff Big Apple Tutoring LLC ("Plaintiff or "Big Apple Tutoring"), by its
undersigned attorneys, for its Complaint against defendants Big Apple Education Center, Inc.
("Big Apple Education") and Cambridge Educational Center Inc. also doing business as C2
Education ("C2 Education" and collectively with Big Apple Education, "Defendants"), alleges as
follows:
NATURE OF THE ACTION

1.

Plaintiff owns valuable rights in the federally registered BIG APPLE TUTORING

and BIG APPLE TUTORING and Design trademarks.

Such trademarks have been and are

continuing to be used in connection with educational services, namely tutoring in a wide range of
curriculum and standardized test preparation for students.
2.

Defendants have blatantly and willfully infringed Plaintiffs rights in the BIG

APPLE TUTORING mark by offering the same educational services under the BIG APPLE

EDUCATION and BIG APPLE EDUCATION and Design trademarks.


3.

By their actions, Defendants are liable for trademark infringement, false

designation of origin and unfair competition in violation of the Trademark Act of 1946, as

4444-002 Doc# 21 v.O

amended (the Lanham Act, 15 U.SC. 1051, et seq.), unfair competition and trademark
infringement under New York common law, and violation of Section 349 of New York's
General Business Law.
THE PARTIES

4.

Plaintiff is a limited liability company formed and existing under the laws of the

State of New York.

5.

Upon information and belief, Big Apple Education is a limited liability company

formed and existing under the laws of the State of New York and having its principal place of
business at 1556 Third Avenue, Suite 300, New York, NY 10128.

6.

Upon information and belief, Cambridge Educational Center Inc. is a corporation

formed and existing under the laws of the State of Virginia and having its principal place of
business at 6465 East Johns Crossing, Duluth, GA 30097.

Upon information and belief,

Cambridge Educational Center Inc. is doing business as C2 Education.


JURISDICTION AND VENUE

7.

This Court has jurisdiction over the subject matter of this action pursuant to 28

U.S.C. 1331 (federal question), 15 U.S.C. 1121 (actions arising under the Lanham Act), 28
U.S.C. 1338(a) (acts of Congress relating to trademarks), 28 U.S.C. 1338(b) (pendant unfair
competition claims), and 28 U.S.C. 1367 (supplemental jurisdiction over state claims).
8.

This Court has jurisdiction over Defendants by virtue of the fact that Defendants

have: (1) transacted business with the State of New York on a regular and consistent basis and
(2) infringed Plaintiffs trademark within the State of New York.

9.

Venue is proper in this District pursuant to 28 U.S.C. 1391.

4444-002 Doc# 21 v.O

FACTS
Plaintiffs Trademarks

10.

Plaintiff is the owner of U.S. Federal Trademark Registration No. 4,631,421 for

"conducting after school math, English, science, foreign languages, and standardized test
preparation in grades K-12 and college level tutoring programs; education services, namely,
providing tutoring in the fields of math, English, science, foreign languages, history, social
sciences, and standardized test preparation for grades K-12 and college level" in Class 41 (the
"BIG APPLE TUTORING Trademark"). A copy of Plaintiffs trademark registration certificate
for this mark is attached hereto as Exhibit A and is incorporated herein by reference.
11.

Plaintiff is also the owner of U.S. Federal Trademark Registration No. 4,636,062

for "conducting after school math, English, science, foreign languages and standardized test
preparation in grades K-12 and college level tutoring programs; education services, namely,
providing tutoring in the fields of math, English, science, foreign languages, history, social

sciences and standardized test preparation for grades K-12 and college level" in Class 41 ("the
BIG APPLE TUTORING and Design Trademark" and collectively with the BIG APPLE
TUTORING Trademark, the "BIG APPLE TUTORING Trademarks").

The BIG APPLE

TUTORING and Design Trademark consists of a design of an apple depicted over a stylized

design of an open book with the wording "BIG APPLE TUTORING LLC" appearing to the right
of the apple and open book designs:

BIG APPLE
TUTORING
LLC

A copy of Plaintiff s trademark registration certificate for this mark is attached hereto as Exhibit
B and is incorporated herein by reference.
3
4444-002 Doc# 21 v.O

12.

Plaintiffs use of the BIG APPLE TUTORING Trademark dates back to at least

as early as August 1, 1998 and use of the BIG APPLE TUTORING and Design Trademark dates
back to at least as early as November 2001. The BIG APPLE TUTORING Trademarks have

been in continual use since such dates. During such time, Plaintiff has gained extensive goodwill
and acquired distinctiveness in connection with its BIG APPLE TUTORING Trademarks.

13.

Plaintiff is also the owner of the domain name www.bigappletutoring.com, which

was registered on March 10, 2003 and which Plaintiff has continually used thereafter in

furtherance of its business (the "BIG APPLE TUTORING Website").


14.

As a result of the widespread use and display of Plaintiffs BIG APPLE

TUTORING Trademarks for academic tutoring and standardized test preparation: (a) consumers
use the BIG APPLE TUTORING Trademarks to identify and refer to Plaintiffs BIG APPLE

TUTORING brand; (b) Plaintiffs academic tutoring and standardized test preparation are

recognized by consumers as a high quality services emanating from a single source, namely,
Plaintiff; and (c) the BIG APPLE TUTORING Trademarks have built up secondary meaning and
extensive goodwill.
Defendants' Infringement of Plaintiffs Trademarks

15.

Defendant Big Apple Education is using BIG APPLE EDUCATION as a

trademark in commerce to promote Big Apple Education's academic tutoring and standardized
test preparation services in the New York City metropolitan area.
16.

Defendant Big Apple Education is also the registrant of the domain name

www.bigappleeducation.com, which was registered on September 24, 2011, and website through
which it advertises Big Apple Education's services (the "Infringing Website").

4444-002 Doc# 21 v.O

17.

According to the Infringing Website, "Big Apple Education combines pedagogy,

counseling, curriculum and teaching to provide top-notch learning experience for its students.
We cater to K-12 and college students in all major subjects especially in English,

Mathematics, and Science and standardized & admissions tests." Printouts of pages from the
Infringing Website are attached hereto as Exhibit C.

18.

Defendant Big Apple Education's use of BIG APPLE EDUCATION as a

trademark, www.bigappleeducation.com as a domain name, and advertisement of "Big Apple


Education" tutors are confusingly similar to Plaintiffs BIG APPLE TUTORING Trademarks
and www.bigappletutoring.com domain name.

19.

Defendant Big Apple Education's use of BIG APPLE EDUCATION as a

trademark and as part of a domain name is done in connection with the exact same services as
the services offered by Plaintiff in connection with its BIG APPLE TUTORING Trademarks.

20.

Defendant Big Apple Education is also using the following logo in connection

with its tutoring and standardized test preparation services:

21.

BIGAPPLE

EDUCATION

Defendant Big Apple Education's logo is confusingly similar to BIG APPLE

TUTORING and Design Trademark where an apple design appears to the left of the words BIG
APPLE EDUCATION and the words "BIG APPLE" appear above the word "EDUCATION in

the same arrangement as in Plaintiffs BIG APPLE TUTORING and Design Trademark.
22.

Furthermore, by clicking on "Tutoring" under the "Our Services" menu of the

Infringing Website, the user is directed to a webpage boasting "personalized tutoring" services

4444-002 Doc# 21 v.O

for "standardized tests," "admissions tests," and "school subjects." According to this page of the
Infringing Website, defendant Big Apple Education is a "franchisee" of C2 Education.

23.

With the Infringing Website, Defendants are seeking to create a false designation

of origin to Plaintiff with the use of the confusingly similar BIG APPLE EDUCATION and BIG
APPLE EDUCATION and Design trademarks.
24.

Defendant Big Apple Education's use of BIG APPLE EDUCATION as a

trademark, and Defendant C2 Education's use of the Infringing Website to promote its own
services and products in connection the BIG APPLE EDUCATION trademark, constitutes

infringement of Plaintiffs BIG APPLE TUTORING Trademarks and is likely to cause


confusion, mistake or deception as to the source of Defendants' services and products.
25.

Because Defendants offer educational services and because Plaintiff offers the

same services, consumers are likely to believe that Defendants' services are provided by,

sponsored by, approved by, licensed by, affiliated with or in some other way legitimately
connected to Plaintiff and its BIG APPLE TUTORING Trademarks and related services.

26.

Furthermore, consumers have informed Plaintiff of their actual confusion,

including: (a) Plaintiffs former clients searched the Internet for Plaintiffs contact information,

saw the Infringing Website, and thought that Plaintiff had sold its business; (b) Plaintiffs
existing clients thought that Plaintiff only offered "in-home" sessions because such reference is

on the Infringing Website (but not the BIG APPLE TUTORING Website); and (c) Big Apple
Education's clients contacted Plaintiff, not Big Apple Education, complaining about tutoring
sessions provided by Big Apple Education.
27.

Plaintiff has not authorized Defendants to use the BIG APPLE TUTORING

Trademarks or other similar trademarks.

4444-002 Doc# 21 v.O

28.

Upon information and belief, defendant Big Apple Education has recklessly,

willfully and intentionally violated Plaintiffs trademark rights with the deliberate intention of
trading on the valuable goodwill and reputation established in the BIG APPLE TUTORING
Trademarks.

29.
that

By letter dated November 11, 2014, Plaintiff, through legal counsel, demanded

defendant

Big

Apple

Education

cease

from

using

the

domain

name

www.bigappleeducation.com and from any further use of the BIG APPLE EDUCATION

trademark and/or other marks similar to the BIG APPLE TUTORING Trademarks in any
manner, including without limitation, by removing all such references from the Infringing
Website and other advertising materials. However, defendant Big Apple Education refused to
comply.
FIRST CLAIM FOR RELIEF

(Infringement of Federally Registered Trademark)

30.

Plaintiff repeats and incorporates by reference the allegations in paragraphs 1

through 29.

31.

Defendant Big Apple Education's trademark and the Infringing Website are

confusingly similar to Plaintiffs BIG APPLE TUTORING Trademarks and BIG APPLE

TUTORING Website, and create the false and misleading impression that Big Apple Education's
services and the Infringing Website are provided by, sponsored by, approved by, licensed by,

affiliated with or in some other way legitimately connected to Plaintiff and its federally
registered BIG APPLE TUTORING Trademarks and related services.

32.

Defendant C2 Education's use of the Infringing Website to promote its tutoring

and standardized test preparation services and products create the false and misleading
impression that C2 Education's services and products are provided by, sponsored by, approved
7
4444-002 Doc# 21 v.O

by, licensed by, affiliated with or in some other way legitimately connected to Plaintiff and its
federally registered BIG APPLE TUTORING Trademarks and related services.

33.

Defendants' conduct has caused, and, unless enjoined by this Court, will continue

to cause a likelihood of confusion and deception amongst consumers, additionally, injury to


Plaintiffs goodwill and reputation as symbolized by the federally registered BIG APPLE
TUTORING Trademarks, for which Plaintiff has no adequate remedy at law.
34.

Defendants' actions demonstrate an intentional, willful and malicious intent to

trade on the goodwill associated with Plaintiffs federally registered BIG APPLE TUTORING
Trademarks to Plaintiffs great and irreparable injury.

35.

Defendants have caused and are likely to continue causing substantial injury to

the public and Plaintiff, and Plaintiff is entitled to injunctive relief and to recover Defendants'

profits, actual damages, enhanced profits and damages, costs, and reasonable attorneys' fees
under 15 U.S.C. 1114, 1116 and 1117.
SECOND CLAIM FOR RELIEF

(Trademark Infringement and


False Designation of Origin)

36.

Plaintiff repeats and incorporates by reference the allegations in paragraphs 1

through 29.

37.

Defendants' activities, as alleged, constitute infringement of the BIG APPLE

TUTORING Trademarks and false designation of origin, false representation and false
description arising under 15 U.S.C. 1125(a).

38.

Defendants have caused and are likely to continue causing substantial injury to

Plaintiff and the goodwill associated with Plaintiffs BIG APPLE TUTORING Trademarks,

4444-002 Doc# 21 v.O

including diversion of customers from Plaintiff, lost sales and lost profits.

Plaintiff has no

adequate remedy at law.


THIRD CLAIM FOR RELIEF

(Common Law Unfair Competition


and Trademark Infringement)

39.

Plaintiff repeats and incorporates by reference the allegations in paragraphs 1

through 29.

40.

Defendants' conduct constitutes unfair competition and infringement of Plaintiff s

BIG APPLE TUTORING Trademarks and the common law rights therein under the common
law of the State of New York, and Defendants' acts have created and will continue to create

consumer confusion, all to the irreparable injury of Plaintiff unless restrained by this Court.
Plaintiff has no adequate remedy at law for this injury.

41.

Defendants acted with full knowledge of Plaintiffs use of the BIG APPLE

TUTORING Trademarks and without regard to the likelihood of confusion of the public created

by Defendants' activities, all to the substantial and irreparable injury of the public and of
Plaintiffs business reputation and goodwill.
42.

Such wrongful acts demonstrate an intentional, willful and malicious intent to

trade on the goodwill associated with Plaintiffs BIG APPLE TUTORING Trademarks.

43.

As a result of Defendants' acts, Plaintiff has been damaged in an amount not yet

ascertainable. At a minimum, however, Plaintiff is entitled to injunctive relief, to an accounting


of Defendants' profits, to damages, and to costs. Further, in light of the deliberately fraudulent
and malicious use of a confusingly similar mark (Big Apple Education's mark), and the need to

deter Defendants from similar conduct in the future, Plaintiff additionally is entitled to punitive
damages.

4444-002 Doc# 21 v.O

FOURTH CLAIM FOR RELIEF

(Violation of New York G.B.L. 349)

44.

Plaintiff repeats and incorporates by reference the allegations in paragraphs 1

through 29.

45.

Defendants has engaged in deceptive acts and/or practices directed towards

consumers with respect to their efforts to pass off their services and products to consumers as
being affiliated with Plaintiffs BIG APPLE TUTORING Trademarks.

46.

Defendants' acts or practices are misleading in a material fashion.

47.

Plaintiff has been damaged by Defendants' aforementioned acts and/or practices.

48.

Defendants' conduct constitutes unfair and deception acts and/or practices in the

course of a business, trade, or commerce in violation of Section 349 of New York's General
Business Law.

49.

Plaintiff is entitled to injunctive relief and to recover damages, punitive damages,

cost and reasonable attorneys' fees.

WHEREFORE, Plaintiff prays that:

A.

an injunction issue restraining Defendants, their agents, servants, employees,

successors and assigns and all others in concert and privity with them from:
i.

using in any manner any designation, domain name or trademark that is


confusingly similar to Plaintiffs BIG APPLE TUTORING Trademarks;

ii. doing any other acts which are intended to or will be likely to deceive
consumers or the trade into falsely believing that there is an affiliation or

relationship between Plaintiff and Defendants or between Plaintiff and any


goods or services other than Plaintiffs goods or services;

10
4444-002 Doc# 21 v.O

B.

Defendants be required to account to Plaintiff for any and all of Defendants'

profits, including without limitation profits derived from the Infringing Website, including
prejudgment interest thereon;

C.

Plaintiff be awarded compensatory damages caused by Defendants' acts of

trademark infringement and unfair competition, plus prejudgment interest thereon;

D.

Plaintiff be awarded statutory damages pursuant to 15 U.S.C. 1117, including

treble damages, plus prejudgment interest thereon;

E.

Plaintiff be awarded punitive damages;

F.

Plaintiff be reimbursed for its costs and expenses, including attorneys' fees,

pursuant to 15 U.S.C. 1117 and G.B.L. 349; and

G.

Plaintiff obtains such other and further relief as the Court deems just and proper.

Dated: November 19, 2014


New York, NY

Jeffrey Weingaj
Kevin Fritz-

Susan Schlesinger
Meister Seelig & Fein LLP

125 Park Avenue, 7th Floor


New York, NY 10017
(212) 655-3500

Attorneysfor Plaintiff

11
4444-002 Doc# 21 v.O

TOsiiteU
states
of
3tnerirj>
VB^
SHntteb States! patent anb t&rabemartt (Office
*-Cf
BIG APPLE TUTORING

Reg. No. 4,631,421

bigapple tutoring llc (newyork limited liability company)


259 WEST 18TH STREET, #4

Registered Nov. 4, 2014 newyork, ny 10011


Int. CI.: 41

FOR:CONDUCTINGAFTERSCHOOLMATH, ENGLISH, SCIENCE,FOREIGNLANGUAGES,


AND STANDARDIZED TEST PREPARATION IN GRADES K-12 AND COLLEGE LEVEL

SERVICEMARK

TUTORING PROGRAMS; EDUCATION SERVICES, NAMELY, PROVIDING TUTORING IN


THE FIELDSOF MATH, ENGLISH,SCIENCE,FOREIGN LANGUAGES, HISTORY, SOCIAL

PRINCIPAL REGISTER

LEVEL, IN CLASS 41 (U.S. CLS. 100, 101 AND 107).

SCIENCES, AND STANDARDIZED TEST PREPARATION FOR GRADES K-12 AND COLLEGE

FIRST USE 8-1-1998; IN COMMERCE 8-1-1998.


THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY PAR
TICULAR FONT, STYLE, SIZE, OR COLOR.

NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "TUTORING", APARTFROM


THE MARK AS SHOWN.

SEC. 2(F).

SER. NO. 86-190,867, FILED 2-11-2014.


SUSAN RICHARDS, EXAMINING ATTORNEY

Deputy Director of the United States


Patent and Trademark Office

REQUIREMENTS TO MAINTAIN YOUR FEDERAL


TRADEMARK REGISTRATION

WARNING: YOUR REGISTRATION WILL BE CANCELLED IF YOU DO NOT FILE THE


DOCUMENTS BELOW DURING THE SPECIFIED TIME PERIODS.

Requirements in the First Ten Years*


What and When to File:

First FilingDeadline: Youmust file a DeclarationofUse (or ExcusableNonuse) betweenthe


5th and 6th years after the registrationdate. See 15 U.S.C. 1058,1141k. If the declaration is

accepted, theregistration willcontinue in forcefor the remainder of the ten-yearperiod,calculated


from the registration date, unless cancelledby an order of the Commissionerfor Trademarks or a
federal court.

SecondFilingDeadline: Youmust file a Declarationof Use (or ExcusableNonuse)and an


Application for Renewal betweenthe 9th and 10thyears after the registration date.*
See 15 U.S.C. 1059.
Requirements in Successive Ten-Year Periods*
What and When to File:

You mustfilea Declaration of Use(or Excusable Nonuse) and anApplication for Renewal between
every 9th and lOlh-yearperiod, calculated from the registration date.*
Grace Period Filings*

The above documents will be accepted as timely if filed within six months after the deadlines listed above
with the payment of an additional fee.

The United States Patent and Trademark Office (USPTO) will NOT send you any future notice or
reminder of these filing requirements.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holderof an international registration with
an extension of protection to the United States underthe Madrid Protocol musttimely file the Declarations

of Use (or Excusable Nonuse) referenced above directly with the USPTO. The timeperiods for filing are
basedon theU.S.registration date(notthe international registration date). Thedeadlines andgrace periods
for theDeclarations of Use (or Excusable Nonuse) are identical to those for nationally issued registrations.
See15U.S.C. 1058,1141k. However, owners ofinternational registrations do notfile renewal applications
at the USPTO. Instead, the holder must file a renewal of the underlying international registration at the
International Bureauof theWorld Intellectual Property Organization, underArticle7 of theMadridProtocol,
before the expiration of each ten-year term of protection, calculated from the date of the international

registration. See 15 U.S.C. 1141j. Formore information andrenewal forms fortheinternational registration,
see http://www.wipo.int/madrid/en/.

NOTE: Fees and requirements for maintainingregistrations are subject to change. Please check the
USPTOwebsite for further information. With the exceptionof renewalapplications for registered
extensions of protection, you can file the registration maintenance documents referenced above online
at http://www.uspto.gov.

Page: 2/RN# 4,631,421

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if BIGAPPLE
, EDUCATION

LEGO + STEM Programs


Flagship LEGO Civics & Tech

and Language Immersion Program


It Is an Innovative program that really engages

studentsto learn aboutall-Important 21st century


skills through using LEGO to team dvfcs,
technology, and/or language.

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kHp

Lego + STEM Programs

Admissions Consulting

Our flagship LEGO Civics & Tech and


Language Immersion Program! It Is an
innovative programthat realty
engages students to team about all-

important21st century skillsthrough


using LEGO to team civics,technology,

students gain admissions to at least

provide results! Most of our students

one of their top-J choice schools.

see significant Increase In test scores


and school grades. Our model is

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individualized tutoring sessions within


1:1,1:2 or 13 setting.

Tutoring

Columbia Univ Programs

Manyof our students have been

We have the finest tutors available In

admitted to the most selective

Check out ourColumbia University &


NYC internship residential program for

collegesand private, boarding and

Manhattan. They are very experienced


and hold relevantdegrees fromtop

specialized schools. In fact, 97% of our

universities. Most of aU,our tutors

and/or language.
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students aspiring to become tech


entrepreneursor lookingto get in the
art industry. We provide mentoring,
networking and real-worldexperience.
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Big Apple Education combines pedagogy, counseling, curriculum and teaching to


provide top-notch learning experience for itsstudents. We cater to K-12 and college
students in all majorsubjects - especially in English, Mathematics, and Science -

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and standardized &admissions tests. Our proven track record and results prove that

we are truly a "total educational solution" company in Manhattan, New York City.
We boast the bestcombination ofteachers, counselors, mentors, and educators at Big
Apple Education. The Center Director is truly an expert in education - he's an

education doctoral candidate at Columbia University, Teachers College - and


hasworked invarious educational sectors across the world over the past decade; he
brings unique experience and knowledge. Most of all he is passionate about
mentoring students, not only on advising studentson school admissions, but also
guidance on life &career goals. AU of ourteachers have extensive teaching
background and experience; combined with a passion forteaching, it is no wonder
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Our formula for success is very simple - Big Apple Education integrates most
effective learning theories, latest educational technology, best curriculum and
contents, and passionate educators to provide highest quality learning environment
Please stop by and check us out yourself!

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Announcing our new
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JS.
Columbia University, MA Computing in Education
**!&?'
Jfc UCLA, BA Economics
Getting admitted to the mostselective colleges won't guarantee a successful life.
However, it will go long ways to help one experience what it takes to succeed in life:

learning what dedication and hard work could getyou, fighting through constant
challenges while overcoming it and realizing planning and executing matters. Most
importantly, you surround yourself with an elite network ofstudents, professors and
alumni who may help in paving a way to realize your lifelong dreams and goals. At
Ivy Admissions Consulting, we not only assist in getting you in to your dream school,
our goalisto mentor and guide you to become tomorrow's leaders. Let us be partners
your journey towards success.

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Home / Our Services / Tutoring

C2 Manhattan Center
Smarter Students

Personalized Tutoring

C2 5^'< RpmiH-j
Avenge writingscore.-*1!M pt

- standardized tests

Avenge ffisthscore:*1Z! pts


AwageMnciuigsnxe:ti7pts

- admissions tests

- school subjects

education
be smarter.

Big Apple Education boasts the best tutors in Manhattan, New York. We are a proud franchisee of C2 Educational Center,
and use its top-notch contents and materials.

We believe that a world ofpotential lives within each of our students. It is this belief that drives us to create innovative

tutoring programs and seek inspiring tutors. Above all else, our goal is to help young minds discover and develop their
own potentiaL

We know that each child is unique. That's why C2 offers highly individualized tutoring by a team ofelite instructors. Our
goal is tohelp your child develop his or her full potentiaL We give struggling students the skills tosucceed, and we
guideadvanced students to new academic heights.

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Customized Curricula

All tutoring sessions are highly personalized to match the individual's goals, level and needs.
+

Reading

* Writing

* Math - standard, problem solving and/or critical thinking math options


*

Homework help

Science

v Languages (Mandarin, Spanish, French, Korean and others)

v Technology (Programming, Robotics, Video editing, Utility and many software)

Standardized Test Prep


We specialize in tutoring for the following tests:
My current gradeAevel is:

K-8

High School

ISEE.SSAT

SHSAT

HSPT.TACHS

Gifted & Talented Program Entrance Exams

College

v SAT 1 (e.g. for entryto CTY, TIP, EPGY programs)


*

AMC8

The Process

> Step 1: Take a diagnostic test (call oremail to schedule)


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Big Apple Education |SAT. ACT, SHSAT, SSAT, GRE, College Counsel^, Boarding School, Graduate School. LEGO civics &technology-Tutoring

> Step 2: Schedule a consulting session to review test &setgoals


>

Step 3: Take tutoring sessions

-AU sessions are individualized sessions (1:1 instruction model, up to 3students atatime)

> Step 4: Progress tests &additional consultation sessions are offered to make sure the student is progressing toward
set goals

Schedule

All class slots are 1 hour (K-6) or 2hours (7-12th grade) long. Students can choose a time slot within class hours. All
classes are highly customized toeach student and designed to focus on improving student's weaknesses.
School Year Schedule:

>

Mon-Frl 5-9PM

>

Saturday 9AM - ii:S0PM

>

Sunday 10AM - 1PM

Break Schedule (e.g. summer, winter, holidays and long weekends):


>

M'on-Fri 9-4PM

>

Ssturdcy 9AM-3PM

>

SuodavlOAVi-iFM

Pricing
Minimum sign up requirement is 20 tutoring hours. There are discounts for signing up for 50+ hours. Basically, the more
hours you sign up, the lower the average hourly rate.

The pricing includes diagnostic and interim test &reports, as well as academic consultation sessions. We also provide
class progress reports for each class.

Regular Hourly Rate SO Tutoring Hours

$79hdp7/bip^^eedLcatiCfi.com/oLr-services/c2/

$74-

TOO Hours

*69

hour

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20-49 hours

50-99 hours

100-199 hours

1:2 or 1:3 tutoring

1:2 or 1:3tutoring

1\L or 1:3 tutoring

INQUIRE

INQUIRE

INQUIRE

200 Hours

300 Hours

64

59

hour

hour

200-299 hours

300+ hours

12 or 1:3 tutoring

1:2 or 1:3 tutoring

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