CIVIL COVER SHEET

J344C/SDNY
REV. 4/2014

The Jg.-44.civil cover sheet and theinformation contained herein neither replace nor supplement the filing and service of
pleadings orother papers as required by law, except as provided by local rules of court. This form, approved by the
Judicial Conference ofthe United States inSeptember1974, is required for use of the Clerk of Court forthe purposeof
initiating the civil docket sheet.
DEFENDANTS

PLAINTIFFS

Gretchen Scott LLC d/b/a Gretchen Scott Designs

Barbara Gerwit, Textile Center, Inc., and KB Sales Corp.

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER

ATTORNEYS (IF KNOWN)

Reed Smith LLP

599 Lexington Avenue, 28th Floor, NewYork, NewYork 10022

"f.

(212)521-5400

11

(C

ea briePstatementofcausq
CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING;aHbwb*C/
al statutes
unless diversity)
(DO NOT CITE JURISDICTIONAL
STATUTES UNLESS
DIVERSITY)

U.S. Copyright Act, 17U.S.C. 101,etseq.

Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time? NdZVesOjudge Previously Assigned
Ifyes, was this case Vol. Invol.

Dismissed. No

Yes

No 0

Yes

IS THIS AN INTERNATIONAL ARBITRATION CASE?

If yes, give date.

NATURE OF SUIT

(PLACE AN[x] INONEBOX ONLY)

ACTIONS UNDER STATUTES

TORTS

PERSONAL INJURY

CONTRACT

[
[
I
[

1110
]120
]130
1140

[ 1150

[ ]151
i 1152

INSURANCE
MARINE

MILLER ACT
NEGOTIABLE

INSTRUMENT
RECOVERY OF
OVERPAYMENT &
ENFORCEMENT
OF JUDGMENT
MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS

[ )310 AIRPLANE
[ ] 315 AIRPLANE PRODUCT
LIABILITY

I I 320 ASSAULT, LIBEL&

SLANDER

[ I 330 FEDERAL
EMPLOYERS'
LIABILITY

( J 340 MARINE
[ J 345 MARINE PRODUCT
LIABILITY

[ I 350 MOTOR VEHICLE

[ ] 355 MOTORVEHICLE

(EXCLVETERANS)
I 1153

I 1160

[)190
[ 1195

RECOVERY OF
OVERPAYMENT
OF VETERAN'S
BENEFITS
STOCKHOLDERS
SUITS
OTHER
CONTRACT
CONTRACT
PRODUCT

INJURY

[ ] 362 PERSONAL INJURY MED MALPRACTICE

I 1240
1 ]245
[ [290

BANKRUPTCY

OTHER STATUTES

[ J 422 APPEAL

( J400 STATE

( J 375 FALSECLAIMS

PHARMACEUTICAL PERSONAL [ ] 625 DRUG RELATED

INJURY/PRODUCT LIABILITY
SEIZURE OF PROPERTY
[ ] 365 PERSONAL INJURY
21 USC 881
PRODUCT LIABILITY

[ ] 368 ASBESTOS PERSONAL

INJURY PRODUCT
LIABILITY

[ ] 423 WITHDRAWAL
28 USC 157

PROPERTY RIGHTS

[XI 820 COPYRIGHTS

[ J 830 PATENT

PERSONAL PROPERTY

[ ] 370 OTHER FRAUD

[ ] 371 TRUTH IN LENDING

REAPPORTIONMENT

28 USC 158

( I 690 OTHER

[ I 380 OTHER PERSONAL

LABOR

PROPERTY DAMAGE

[ ] 385 PROPERTY DAMAGE

I ] 710 FAIR LABOR

PRODUCT LIABILITY

STANDARDS ACT

[ I 720 LABOR/MGMT

[ ]410 ANTITRUST

[ j430 BANKS &BANKING

[ I 450 COMMERCE
[ ] 460 DEPORTATION
I I 470 RACKETEER INFLU
ENCED & CORRUPT
ORGANIZATION ACT

I 1 840 TRADEMARK

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

SOCIAL SECURITY

[ J 850 SECURITIES/

( ] 463 ALIEN DETAINEE

[ ]510 MOTIONS TO
ACTIONS UNDER STATUTES
CIVIL RIGHTS

LAND

CONDEMNATION
FORECLOSURE
RENT LEASE &
EJECTMENT
TORTS TO LAND
TORT PRODUCT
LIABILITY
ALL OTHER
REAL PROPERTY

VACATE SENTENCE
28 USC 2255

[ ] 530 HABEAS CORPUS

I I 535 DEATH PENALTY
[ I 540 MANDAMUS & OTHER

ACCOMMODATIONS

[ J 445 AMERICANS WITH

[ I 751 FAMILYMEDICAL
LEAVE ACT (FMLA)

[ J 790 OTHER LABOR

LITIGATION

[ ] 791 EMPL RET INC

SECURITY ACT

DISABILITIES EMPLOYMENT

IMMIGRATION

PRISONER CIVIL RIGHTS

( ] 462 NATURALIZATION

[ ) 550 CIVIL RIGHTS

[ I 555 PRISON CONDITION
I 560 CIVIL DETAINEE

]861
J 862
1863
J 864
] 865

HIA(1395ff)
BLACKLUNG (923)
DIWC/DIWW(405(g))
SSID TITLE XVI
RSI (405(g))

COMMODITIES/
EXCHANGE

APPLICATION

[ ] 465 OTHER IMMIGRATION

1890 OTHER STATUTORY

ACTIONS

] 891 AGRICULTURAL ACTS

( ] 740 RAILWAY LABOR ACT

(Non-Prisoner)

I 1441 VOTING
[ ] 442 EMPLOYMENT
[ ] 443 HOUSING/

[
[
[
[
[

RELATIONS

PRISONER PETITIONS

REAL PROPERTY

[ ]220
[ ]230

FORFEITURE/PENALTY

PRODUCT LIABILITY

[ J 440 OTHER CIVIL RIGHTS

I 1210

PERSONAL INJURY

[ ] 367 HEALTHCARE/

[ J 360 OTHER PERSONAL

LIABILITY

[ ]196 FRANCHISE

& Case No.

FEDERAL TAX SUITS

[ 1870 TAXES (U.S. Plaintiffor

] 893 ENVIRONMENTAL

Defendant)

[ 1871 IRS-THIRD PARTY

MATTERS

] 895 FREEDOM OF
INFORMATION ACT

26 USC 7609

I 896 ARBITRATION
I 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OF
APPEAL OF AGENCY DECISIO

[ ) 950 CONSTITUTIONALITY 0
STATE STATUTES

ACTIONS

CONDITIONS OF CONFINEMENT

[ J 446 AMERICANS WITH

DISABILITIES -OTHER

[ ] 448 EDUCATION

Checkif demanded in complaint:

CHECK IF THIS IS A CLASS ACTION

DO YOULCLAJM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N. Y?

UNDER F.R.C.P. 23

DEMAND $

OTHER

JUDGE

DOCKET NUMBER

Check YES onlyifdemandedin complaint

JURY DEMAND: DYES EjNO

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

(PLACEAN x INONEBOXONLY)

S1 Original

Proceeding

ORIGIN

D 2 Removed from

stateCourt

[~J a. all parties represented

3 Remanded 4 Reinstated or

from

Reopened

5 Transferred from Q 6 Multidistrict

(Specify District)

Litigation

Q 7Appeal to District

g^Judge

Appellate

Judgment

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

(PLACE AN x INONEBOXONLY)

BASIS OF JURISDICTION

1 US. PLAINTIFF 2 U.S. DEFENDANT \E\ 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

[11

[11

PTF DEF

CITIZEN OR SUBJECT OF A

[]3[]3

FOREIGN COUNTRY

CITIZEN OF ANOTHER STATE [ ]2 [ ] 2

INCORPORATED and PRINCIPAL PLACE

PTF

DEF

[]5

[]5

OF BUSINESS IN ANOTHER STATE

INCORPORATED orPRINCIPAL PLACE

[ ]4 [ ]4

FOREIGN NATION

[ ] 6 [ ]6

OF BUSINESS IN THIS STATE

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

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

DEFENDANT(S) ADDRESS UNKNOWN

REPRESENTATION IS HEREBY MADE THAT, ATTHISTIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
RESlbENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one:

THIS ACTION SHOULD BE ASSIGNED TO:

WHITE PLAINS

[x] MANHATTAN

(DO NOTcheck either box ifthis a PRISONER PETITION/PRISONER CIVIL RIGHTS

COMPLAINT.)

DATE 12/23/2014 SIGNATURE OFjOTTORNEY OFRECORD

RECEIPT*

S/
/

ADMITTED TO PRACTICE IN THIS DISTRICT

[X YES (DATE ADMITTED Mo.OJ

Attorney Bar Code #PS0304

Magistrate Judge is to be designated by the Clerk ofthe Coiiftr-; %

Magistrate Judge
Ruby J. Krajick, Clerk of Court by

is so Designated.
Deputy Clerk, DATED

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

Yr. 2011

UNITED STATES DISTRICT COURT

'^i/i^ u _ ^ . ;

SOUTHERN DISTRICT OF NEW YORK

GRETCHEN SCOTT LLC d/b/a GRETCHEN

SCOTT DESIGNS,

v-f -

J- iU; --- '>

Plaintiff,
COMPLAINT

BARBARA GERWIT, TEXTILE CENTER,

INC., KB SALES CORP.,
Defendants.

Plaintiff Gretchen Scott LLC d/b/a Gretchen Scott Designs ("Gretchen Scott Designs" or

"Plaintiff), by and through its attorneys, Reed Smith LLP, as and for its complaint against
defendants Barbara Gerwit, Textile Center, Inc., and KB Sales Corp. (collectively,
"Defendants"), hereby alleges as follows:
NATURE OF THE ACTION

1.

Plaintiff brings this action for injunctive relief and damages resulting from

Defendants' flagrant infringement of Plaintiff s registered copyrights in two distinctive fashion

designs.

2.

Plaintiff is an internationally recognized fashion designer who is famous for its

original lines of women's resortwear clothing and accessories. These fashion designs are sold
throughout the world, both at Plaintiffs own brick-and-mortar and online stores, as well as at
exclusive boutiques. Plaintiffs ability to exclusively offer these designs to its customers is
crucial to Plaintiffs success.

3.

Defendants, in an attempt to illegally profit off of two of Plaintiff s most

successful tunic designs, have manufactured fabric and garments bearing an almost exact copy of
two of Plaintiff s proprietary designs, and have marketed and sold those products to others in the

-^

fashion market and the public.

4.

Defendants' blatant and willful infringement of Plaintiff s registered copyrights in

its proprietary fashion designs have resulted in significant damage to Plaintiff, as alleged herein.
PARTIES

5.

Plaintiff Gretchen Scott LLC d/b/a Gretchen Scott Designs is a limited liability

corporation duly organized and existing under the laws of the State of New York, with offices
located at 216 Washington Street, Mt. Vernon, New York 10553.

6.

Upon information and belief, defendant Barbara Gerwit ("Ms. Gerwit") is an

individual residing at 425 East 10th Court, Hialeah, Florida 33010.

7.

Upon information and belief, defendant Textile Center, Inc. is a corporation

registered under the laws of the state of Florida, and having a principal place of business located
at 6073 Northwest 167th Street, Suite C-6, Miami, Florida 33015.

8.

Upon information and belief, defendant KB Sales Corp. is a corporation

registered under the laws of the state of Florida, and having a principal place of business located
at 7000 Island Boulevard, Apartment 903, Aventura, Florida 33160.
JURISDICTION AND VENUE

9.

This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

1331 and the Copyright Act, 17 U.S.C. 101, et seq.

10.

Defendants are subject to the personal jurisdiction of this court, and venue is

proper pursuant to 28 U.S.C. 1391(b), because, upon information and belief, Defendants do
extensive business within this District, including the sale of the infringing fashion designs.
FACTUAL BACKGROUND

11.

Gretchen Scott Designs is a leading fashion designer and international distributor

of women's clothing and accessories employing unique and proprietary designs. Since its

founding in 2001, Gretchen Scott Designs has expanded to three dedicated retail locations in
Jupiter, Florida, Southampton, New York, and Nantucket, Massachusetts, as well as an
extremely successful online retail store. Its designs are also sold at more than 1,000 unaffiliated
stores throughout the world.
12.

Like Plaintiff, Defendants sell their own line of women's clothing under the trade

name, "Barbara Gerwit," through their online store and in various unaffiliated retail stores
globally.

Defendants Willfully and Blatantly Infringes on Plaintiffs Copyright

13.

Two of Plaintiff s most popular and best-selling designs are its "Coral Perfection"

and "Reef Tunics (together, the "Gretchen Scott Designs' Tunics").

14.

The fabric designs and decorations of the Coral Perfection and Reef Tunics are

protected by the Copyright Act, 17 U.S.C. 101.

15.

On August 13,2014, Plaintiff obtained a federal copyright registration for the

Coral Perfection Tunic design. A copy of the Certificate of Registration, bearing Registration
Number VA 1-917-704 is annexed as Exhibit A.

16.

On August 13, 2014, Plaintiff obtained a federal copyright registration for the

Reef Tunic design. A copy of the Certificate of Registration, bearing Registration Number VA
1-917-731 is annexed as Exhibit B.

17.

Upon information and belief, Defendants have been marketing and selling tunics

containing designs which are substantially similar to Gretchen Scott Designs' Tunics (the

"Infringing Tunics"). Photographs showing the Gretchen Scott Designs' Tunics (left) next to the
Infringing Tunics (right) are annexed hereto as Exhibit C.
18.

On or around September 25, 2014, Plaintiff sent a letter to defendant Barbara

Gerwit demanding that she immediate cease and desist from any further sales of the Infringing
Tunics and immediately provide an accounting of all purchases, inventory and sales of the

infringing goods. A copy of the letter, dated September 25, 2014, is annexed hereto as Exhibit
D.

19.

To date, Ms. Gerwit has not responded to Plaintiffs cease and desist letter.
FIRST CAUSE OF ACTION

(Copyright Infringement of Gretchen Scott Designs' Coral Perfection Tunic)

20.

Plaintiff incorporates by reference all of the foregoing allegations.

21.

The design of Gretchen Scott Designs' Coral Perfection Tunic is the subject of a

valid Copyright Registration, obtainedprior to the filing of this Complaint. See Exhibit A.
22.

Defendants have, with willful disregard of Plaintiffs rights under the Copyright

Act, wrongfully obtained, reproduced, and distributed Plaintiffs copyright-protected Coral

Perfection Tunic fashion design.

23.

Upon information and belief, Defendants have made and will continueto make

substantial profits and gains to which they are not entitled in law or equity.
24.

As a result of Defendants' infringement of Plaintiff s exclusive rights under the

Copyright Act, Plaintiff is entitled to statutory damages pursuant to 17 U.S.C. 504; and, as a
result of the clearly willful and intentional nature of Defendants' infringement, Plaintiff is also
entitled to the maximum statutory damages, including punitive damages, and recovery of its
attorneys' fees and costs.

25.

Alternatively, as a result of Defendants' infringement of Plaintiff s exclusive

rights under the Copyright Act, Plaintiff is entitled to actual damages according to proof as well
as an accounting and recovery of Defendants' revenues and profits obtained by or through such
infringement.

26.

As a result of the Defendants' infringement of Plaintiff s exclusive rights under

the Copyright Act, Plaintiffis also entitled to injunctive reliefprohibiting Defendants from
further such infringement, and ordering Defendants to destroy all reproductions of the infringing
products made and distributed in violation of Plaintiff s exclusive rights.

SECOND CAUSE OF ACTION

(Copyright Infringement of Gretchen Scott Designs' Reef Tunic)

27.

Plaintiff incorporates by reference all of the foregoing allegations.

28.

The design of Gretchen Scott Designs' Reef Tunic is the subject of a valid

Copyright Registration, obtained prior to the filing of this Complaint. See Exhibit B.
29.

Defendants have, with willful disregard of Plaintiff s rights under the Copyright

Act, wrongfully obtained, reproduced, and distributed Plaintiffs copyright-protected ReefTunic

fashion design.

30.

Upon information and belief, Defendants have made and will continue to make

substantial profits and gains to which they are not entitled in law or equity.
31.

As a result of Defendants' infringement of Plaintiff s exclusive rights under the

Copyright Act, Plaintiffis entitled to statutory damages pursuant to 17 U.S.C. 504; and, as a
result of the clearly willful and intentional nature of Defendants' infringement, Plaintiffis also
entitled to the maximum statutory damages, including punitive damages, and recovery of its
attorneys' fees and costs.

32.

Alternatively, as a result of Defendants' infringement of Plaintiff s exclusive

rights under the Copyright Act, Plaintiffis entitled to actual damages according to proof as well
as an accounting and recovery of Defendants' revenues and profits obtained by or through such
infringement.

33.

As a result of the Defendants' infringement of Plaintiff s exclusive rights under

-5-

the Copyright Act, Plaintiffis also entitled to injunctive reliefprohibiting Defendants from
further such infringement, and ordering Defendants to destroy all reproductions of the infringing
products made and distributed in violation of Plaintiff s exclusive rights.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that judgment be entered in its favor and
against the Defendants as follows:

1.

For an injunction, pursuant to 17 U.S.C. 502 and 503, and 15 U.S.C 1116,

providing:

A.

Defendants, including any and all of its subsidiaries, affiliates, agents,

employees, successors-in-interest, or assigns, shall be and hereby is enjoined

from infringing Plaintiffs copyrights in the Coral Perfection Tunic and Reef
Tunic designs, except pursuant to a lawful license or with the express authority of
Plaintiff.

B.
Defendants shall also, within two weeks of the entry of this order, recall
and have destroyed each and every unit of their Infringing Tunics currently in the
marketplace.

2.
For statutory damages, pursuant to 17 U.S.C. 504(c), for each instance of
copyright infringement, taking into account the obvious willfulness of Defendants' infringement;
or, in the alternative, for actual damages and punitive damages in amounts to be determined at
trial but totaling not less than $1,000,000;
3.

For Plaintiffs costs and reasonable attorneys' fees incurred in this action; and

4.

For such other and further relief as the Court may deem just and proper.

6-

Dated: New York, New York

December 23, 2014
REED SMITH LLP

>eter D. Raymond
Pamela L. Schoenberg
599 Lexington Avenue
New York, NY 10022

Telephone: 212.521.5400
Facsimile:

212.521.5450

Counselfor Plaintiff
Gretchen Scott LLC d/b/a Gretchen Scott

Designs

Certificate of Registration
Thu. Certificate issued under the .seal of the Copyright
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 ofthe Copyright Office records.

Registration Number

VA 1-917-704

lA^it.

Effective date of

cucu^.

registration:

4'tster of Copyright s,Un . . rates o' lerica

Title

August 13,2014

Title ofWork: Coral Perfection Tunic Fabric Design

Completion/Publication
Year of Completion:

Date of 1st Publication:

2003

February 27, 2004

Nation of 1st Publication: United States

Author
B

Author:
Author Created:

Work made for hire:

Citizen of:

Gretchen Scott LLC

2-D artwork
Yes
United States

Copyright claimant
Copyright Claimant: Gretchen Scott LLC

216 Washington Street, Ml. Vernon, NY, 10553, United States

Rights and Permissions

Organization Name: Reed Smith, LLP
Name:

Peter J). Raymond

Email: ipdockei-chi@reedsrnith.com
Address:

Telephone:

212-521-036

599 Le\snp.on Avenue

New York. NTY 10022 United States

Certification
Name: Peter D. Raymond
Date: August 13,2014
Applicant's Tracking Number:

506721.60001

Page 1 of

Certificate of Registration
'ITits Certificate issued 'in^er the smi of the Copyright
O"/,'

Office in a<.u * n.t with "Me i' I tuu d ^aus Code,

attests that r.tiic* * nr?>' t n n a le ro>- the work

identified be'o\ "T lie *
1L01 co.tb.i-. certificate has

":-..*s% ' *

Registration Number

been made a pait ut th*. C<- - ant OFLe records

VA 1-917-731

X'

Effective date of

registration:

Agister of Copyrights, Cm ' -<'ates of A!n,:rica

Title

August 13,2014

Title of Work: Reef Tunic Fabric Design

Completion/Publication
Year of Completion:
Date of 1st Publication:

20 i 2
November 6, 2012

Nation of 1st Publication: United Stales

Author
81

Author:
Author Created:

Work made for hire:

Citizen of:

Gretchen Scott LLC

2-Daruu'd
Yes

United States

Copyright claimant
Copyright Claimant: Gretchen Scott LLC
216 WashingtonStreet. Mt. Vernon, NY, 10553

Rights and Permissions

Organization Name:

Reed Smith, LLP

Name:

Peter D. Raymond

Email:

ipdockei-cln@reed:: nith.com

Address:

Telephone:

212-549-036'

599 Lexington Avenue

New York, NY 10022 United States

Certification
Name:

Date

Applicant's Tracking Number:

Peter D. Raymond
August ! X 2014
506721.60001

Page 1 of

Gretchen Scott Designs' Tunics

The "Coral Perfection Tunic"

The "Reef Tunic"

The Infringing Tunics

ReedSmith
Peter D. Raymond
Direct Phone: +1 212 549 0364

Email: praymond@reedsmith.com

Reed Smith lip

599 Lexington Avenue

New York, NY 10022-7650
Tei +1 212 521 5400
Fax +1 212 521 5450
reedsmith.com

September 25, 2014

Via Federal Express
and Electronic Mail (sales@barbaragerwit.com)
Barbara Gerwit
425 E 10th Ct

Hialeah,FL, 33010-5152
Dear Ms. Gerwit:

We are attorneys for Gretchen Scott, LLC ("Gretchen Scott") an international designer and distributor of
women's clothing and accessories employing unique and proprietary designs.
It has come to our client's attention that you are selling and/or distributing garments which infringe our
client's federally registered copyrights in its Reef Tunic and Coral Perfection designs. Copies of your
infringing products and our client's copyrighted designs are set forth below:

Gretchen Scott's Reef Tunic

Your Infringing Product

(U.S. Copyright No. VA 1-917-731)

NEW YORK LONDON HONG KONG CHICAGO WASHINGTON. D.C. BEIJING PARIS LOS ANGELES SAN FRANCISCO PHILADELPHIA SHANGHAI PITTSBURGH HOUSTON
SINGAPORE MUNICH ABU DHABI PRINCETON . NORTHERN VIRGINIA WILMINGTON SILICON VALLEY DUBAI CENTURY CITY RICHMONO ATHENS ^KAZAKHSTAN

Barbara Gerwit

ReedSmith

September 25,2014
Page 2

Gretchen Scott's Coral Perfection Tunic

Your Infringing Product

(U.S. Copyright No. VA 1-917-704)

Your creation, distribution and sale of these garments constitutes a violation of 17 U.S.C. 501, et seq.
("the Copyright Act"). Under the Copyright Act, your company is liable for disgorgement of all your
profits realized through the sale of these infringing goods and all damages incurred by our client as a
result of these sales. In the alternative, under 17 U.S.C. 504(c), you may be liable for statutory
damages for up to $150,000 per infringement. Lastly, as an infringer, you are liable for all of my
client's costs, including reasonable attorneys' fees, and disbursements, which have been and will be
incurred in protecting my client's valuable copyrights.

Based on the foregoing, we demand that you immediately cease and desist from any further sales of the
garments subject to our client's copyrights. Any further sales of such infringing garments by you will
constitute additional evidence of willful intent which will subject you to heightened damages under the
Copyright Act.
We further demand that you immediately provide the undersigned with an accounting of all purchases,
inventory and sales of the infringing goods, including, without limitation, documentation disclosing the
following information:
1.

The total quantity of the infringing fabric and/or garments incorporating my client's
copyrighted designs purchased by you, the total quantity of garments incorporating such
designs manufactured by you or on your behalf at any time up to and including the
present, and the identity of each and every converter, printer, wholesaler or manufacturer
involved in manufacturing such garments and/or fabric.

2.

The total quantity of such garments currently in your possession and/or in the possession
of any retailer which is holding your goods for sale.

Barbara Gerwit

ReeuSlTlith

September 25,2014

Page 3

3.

The total quantity of such garments and/or fabric which your company sold at any time
up to and including the present, and the identity of each and every wholesaler or retail
store that purchased such garments from you.

4.

The total revenues and gross profits relating to the manufacture and sale of such garments
including a breakdown of the cost to manufacturing such garments and the revenues
generated from the sale.

We further demand that you immediately contact any and all customers to whom you have sold the
infringing garments to advise them of this claim and instruct them to remove any and all such garments
from sale. As stated above, any further sales which occur after your receipt of this notice will be further
evidence of intentional infringement subjecting your company to heightened damages under the
Copyright Act.
Lastly, we demand that you notify the undersigned within five (5) days of your receipt of this letter
confirming that you have taken, or are in the process of taking, all of these actions, including the
immediate stoppage of any and all sales of the infringing garments. If we do not receive your response
in the timeframe indicated, our client will take all appropriate action to enforce its rights.
This letter is written without prejudice to, or waiver of, any and all claims, rights and/or remedies of
Gretchen Scott LLC, in fact or law, all of which are expressly reserved.
SJncerely,

Peter D. Raymond
cc: Gretchen Scott, LLC

Certificate of Registration
'fhts Certificate issued under the sea! of the Copyright

,vsl-*">

Office in accordance with title 17, United States Code,

L

7>

L_ "**>,. ^

atteststhat registration has been made for the work

identified below, The information civthis certificate has

lo,

Registration Number

been made a part of the CopyrightOffice records

<-"*

VA 1-917-731

Effective date of

registration:

gisterof Copyrights, Uiv

Title

August 13,2014

-'iifcs of Anvrica

Title of Work: Reef Tunic Fabric Design

Completion/Publication
Year of Completion: 2012
Date of 1st Publication:

November 6, 2012

Nation of 1st Publication: United Stales

Author

Author:

Author Created:
Work made for hire:
Citizen of:

Gretchen. Scott LLC

2-D artwork
Yes
United States

Copyright claimant
Copyright Claimant:

Gretchen Scott LLC

216 WashingtonStreet. Mt. Vemon. NY, 10553

Rights and Permissions

Organization Name:
Name:

Reed Smith, LLP

Peter D. Raymond

Email: ipdockeveM@reed::m ith.com

Address:

Telephone:

212-549-036'

599 Lexington Avenue

New York. NY 10022 United States

Certification
Name:

Date:

Applicant's Tracking Number:

Peter D. Raymond

August 13. 2014

506721.60001

Page J of

Certificate of Registration
This Certificateissued under the seal of the Copyright
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.

Registration Number

VA 1-917-704

'Tla^L A- ^M

Effective date of

<w'-.-&

...ister of Copyrights, Un. ..- -rates01

Title

registration:

uierica

August 13.2014

<

Title of Work: Coral Perfection Tunic Fabric Design

Completion /Publication
Year of Completion:

Date of 1st Publication:

2003

February 2", 2004

Nation of 1st Publication: United States

Author
8

Author:

Author Created:

Work made for hire:

Citizen of:

Gretchen Scott LLC

2-D artwork

Yes

United States

Copyright claimant
Copyright Claimant:

Gretchen Scott LLC

216 Washington Street, Mt. Vernon, NY, 10553, United States

Rights and Permissions

Organization Name:

Reed Smith, LLP

Name:

Peter D. Raymond

Email:

ipdocket-ciii@reedsmith.com

Address:

Telephone:

212-521-

599 Lexington Avenue

New York, NY 10022 United States

Certiffcation
Name:
Date:
Applicant's Tracking Number:

Peter D. Raymond
August 13, 2014
506721.60001

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