Laurice El Badry Rahme V Kierin Holdings - Complaint

Case 1:18-cv-07198-PGG Document 12 Filed 08/31/18 Page 1 of 29
UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK
:
LAURICE EL BADRY RAHME LTD. :
DBA LAURICE & CO., : ECF CASE
a New York Corporation, :
:
Plaintiff, : Civil Action No.: 1:18-cv-07198-PGG
:
:
-against- : FIRST AMENDED COMPLAINT
:
:
KIERIN HOLDINGS LLC, : JURY TRIAL DEMANDED
a Delaware Limited Liability Company, :
:
Defendant. :
_____________________________________
Plaintiff Laurice El Badry Rahme LTD. d/b/a Laurice & Co (“Laurice”), by its attorneys,
for its First Amended Complaint against Defendant Kierin Holdings LLC (“Kierin”) herein
alleges as follows:
1. This is an action for violation of Sections 32 and 43 of the Lanham Act, 15 U.S.C.
§§ 1117, 1125; New York Gen. Bus. Law §360-l and 349-h; and for violation of the common
law of the State of New York pertaining to unfair competition.
JURISDICTION AND VENUE
2. This Court has jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338 with respect
to claims arising under the Lanham Act, 15 U.S.C. § 1051, et. seq.,. and under principles of
supplemental jurisdiction, 28 U.S.C. §1367(a).
3. Venue is proper in this district pursuant to 28 U.S.C. § 1391 because this is a
claim or action brought pursuant to the Lanham Act, because Kierin resides and/or conducts
business in this judicial district and because a substantial part of the events giving rise to the
claims herein occurred in this district.
THE PARTIES
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4. Plaintiff Laurice is a corporation duly organized and existing under the laws of
the State of New York, having an address at 9 Bond Street, New York, New York 10012.
5. Laurice is a privately owned business which manufactures, markets, and sells
fragrances, cosmetics (including body cream and lipstick), and candles.
6. Upon information and belief, Defendant Kierin is a Limited Liability Company
duly organized and existing under the laws of the State of Delaware, having an address at 7
Corporate Drive, Orangeburg, New York 10962. Upon information and belief, Kierin is an
unauthorized foreign limited liability company operating within the State of New York, County
of New York.
7. Upon information and belief, Kierin operates a satellite office with an address at
244 Fifth Ave., Suite 2326 New York, New York 10001.
8. Upon information and belief, Kierin transacts business within this district, derives
revenue from intrastate and interstate commerce, and has committed tortious acts within this
district and also without this district having consequences within this district, and Kierin is
otherwise within the jurisdiction of this Court.
BACKGROUND
9. In 2002, Laurice, a well-known fragrance house, launched a line of perfumes
which pay homage to the great city of New York. As such, the scents are named after notable
geographic neighborhoods and locations in and around the City of New York. The line of scents
and related cosmetic and beauty products are the creation of French perfume connoisseur Laurice
Rahme.
10. Laurice named its perfume line BOND NO. 9 and BOND NO. 9 NEW YORK in
honor of its flagship location at 9 Bond Street in New York City.
11. Each fragrance in Laurice’s collection represents a location or neighborhood of a
New York City locale and surrounding locations. Laurice’s fragrance collection has a dual
purpose: to restore artistry to perfumery and to mark neighborhoods and locations of New York,
regardless of whether they are well-known, with a scent of their own.

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12. Laurice’s collection of fragrances includes various New York designations to
identify its different fragrances, including Nolita, Madison Avenue, Wall Street, Bleecker Street,
Liberty Island, Madison Square Park, Queens, Park Avenue South, NoHo, Astor Place,
Chinatown, High Line, Central Park, Central Park South, Central Park West, Sutton Place, SoHo,
West Side, Manhattan, New Haarlem, Park Avenue, Riverside Drive, Hudson Yards, New York
Nights, Bryant Park, Lexington Avenue, Fashion Avenue, Broadway Nite, So New York, Union
Square, Little Italy, Washington Square, Brooklyn, Coney Island, and West Broadway. Each of
these fragrances and marks are part of family of well-known trademarks that evoke the essence
and olfactory presence of New York City, and its districts, neighborhoods, boroughs, landmarks,
and places. Each fragrance is displayed and bottled into Laurice’s distinctively shaped perfume
bottle which can include a design or image on the bottle that connotes a particular neighborhood
or designation associated with the fragrance.
13. Through Laurice’s hard work and efforts, many of Laurice’s New York
trademarks have grown a national and international following. Laurice’s products are marketed
via its own retail boutiques located at 9 Bond Street in New York City, 863 Washington Street in
New York City, 897 Madison Avenue in New York City, 399 Bleecker Street in New York City,
45 Main Street in Sag Harbor, New York, and in the Aventura Mall in Miami, Florida.
14. Laurice’s fragrances and related products are also marketed and sold via the
Internet on Laurice’s website www.bondno9.com, department stores such as Saks Fifth Avenue,
Harrods, and through specialty retailers throughout the United States and internationally.
15. Laurice’s fragrances and other related products have received a great deal of
positive publicity and have been subject to various articles and features discussing Laurice’s
New York-inspired trademarks and fragrances from various sources, including The New York
Times, The Los Angeles Times, Harper’s Bazaar, OK! Magazine, People Magazine,
Cosmopolitan, InStyle, Marie Claire, Allure Magazine, Women’s Wear Daily, and Essence
Magazine.
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16. Laurice’s products are frequently reviewed and discussed on fragrance blogs,
including Basenotes, Now Smell This, Scents of Self, Sweet Diva, and Perfume Posse.
17. Laurice’s association with everything New York is immediately apparent to both
its consumers and the general public. Laurice uses its distinct NYC Token Logo (depicted
below) on nearly all of its fragrances and features images and imagery of New York City and its
neighborhoods throughout its website, bondno9.com, and on its product packaging.
18. Laurice’s use of various New York-based designations to identify its different
fragrances conjures up Laurice’s well-known association with New York City that the trade and
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consumers alike recognize. Laurice and its various New York-based brands are synonymous
with New York, and in particular with New York City.
19. Furthermore, each of Laurice’s products feature distinctive and unique designs on
the product packaging and perfume bottle which are used to identify its fragrances while also
conjuring the connotation associated with each New York and New York City neighborhood or
location.
20. Laurice actively markets its fragrances to conjure up the connotation associated
with each New York and New York City neighborhood or location. Included as Exhibit A are
marketing materials in the form of a map of New York City used by Laurice which shows the
island of Manhattan and its various neighborhoods/locations. The map shows that Laurice has
various fragrances which are inspired by and connote specific locations in New York.
Laurice’s Trademarks and Registrations
21. Laurice registered its trademark BOND NO. 9 NOLITA with the United States
Patent and Trademark Office (“USPTO”) and owns all right, title and interest in and to the mark
BOND NO. 9 NOLITA. This mark, filed on October 5, 2016, is the subject of U.S. Registration
No. 5,444,197 issued by the USPTO on April 10, 2018 in connection with “Fragrances for
personal use, namely, perfume, colognes; after bath splashes, body sprays, shower gels, soaps,
body lotions, massage oils, cosmetics; non-medicated skin care preparations, namely, body
creams, skin lotions, skin cleansers, skin creams, skin exfoliates, skin moisturizers and skin
toners; makeup, lipstick, foundation powders, eye shadow, nail polish, mascara and eye pencils”
and cites a date of first use at least by March 2017. This registration is valid and subsisting. A
true and accurate copy of the registration certificate of U.S. Registration No. 5,444,197 is
attached as Exhibit B.
22. In addition to its BOND NO. 9 NOLITA registration, Laurice has, since at least as
early as March 2017, provided perfumes, candles, and body lotion under the mark NOLITA by
itself. Since then, Laurice has owned, maintained, and developed common law and equivalent
trademark rights in the mark NOLITA in connection with perfumes.

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23. As shown in Exhibit C and depicted below, the NOLITA mark has been used by
Laurice on its product packaging for perfumes. Exhibit C also includes advertising of the
NOLITA mark as used by Laurice.
24. Laurice has used the NOLITA mark in interstate commerce since at least as early
as March 2017 in connection with Class 3 goods, namely perfumes and body lotion, and Class 4
goods, namely candles. Laurice made bona fide use of the NOLITA mark in the ordinary course
of trade. Indeed, Laurice has used the NOLITA mark, continues to use the NOLITA mark in
commerce, and has a bona fide intent to use the NOLITA mark in the future.
25. The NOLITA mark is inherently distinctive or has developed definite secondary
meaning through extensive use of the mark and promotion of Laurice’s NOLITA perfumes and
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other products. Laurice has established and developed strong proprietary common law trademark
rights in the NOLITA mark on or in connection with perfumes.
26. Laurice relies on the foregoing registration of BOND NO. 9 NOLITA, as well as
its common law rights and on its use of the NOLITA marks in interstate commerce to buttress
this action. The aforementioned registrations for BOND NO. 9 NOLITA, as well as Laurice’s
common law rights in the mark NOLITA are collectively referred to as “Laurice’s NOLITA
Marks.”
27. Laurice registered its trademark BOND NO. 9 HIGH LINE with the USPTO and
owns all right, title and interest in and to the mark BOND NO. 9 HIGH LINE. This mark is the
subject of U.S. Registration No. 3,883,256 issued by the USPTO on November 30, 2010 in
connection with “Fragrances for personal use, namely, perfumes, colognes, body sprays, body
lotions, non-medicated skin care preparations, namely, body creams, skin lotions, skin cleansers,
skin creams, skin moisturizers” and cites a date of first use at least by March 22, 2010. This
registration is incontestable, valid, and subsisting. A true and accurate copy of the registration
certificate of U.S. Registration No. 3,883,256 is attached as Exhibit D.
28. In addition to its BOND NO. 9 HIGH LINE registration, Laurice has, since at
least as early as November 2010, provided perfumes and body wash under the mark HIGH
LINE. Since then, Laurice has owned, maintained, and developed common law and equivalent
trademark rights in the mark HIGH LINE in connection with perfumes and body wash.
29. As shown in Exhibit E and depicted below, the HIGH LINE mark has been used
by Laurice on its product packaging for perfumes.
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30. Laurice has used the HIGH LINE mark in interstate commerce since at least as
early as November 2010 in connection with Class 3 goods, namely perfumes and body wash.
Laurice made bona fide use of the HIGH LINE mark in the ordinary course of trade. Indeed,
Laurice has used the HIGH LINE mark, continues to use the HIGH LINE mark in commerce,
and has a bona fide intent to use the HIGH LINE mark in the future. The HIGH LINE mark is
inherently distinctive or has developed definite secondary meaning through extensive use of the
mark and promotion of Laurice’s HIGH LINE perfumes and other products. Laurice has
established and developed strong proprietary common law trademark rights in the HIGH LINE
mark on or in connection with perfume and body wash.
31. Laurice relies on the foregoing registration of BOND NO. 9 HIGH LINE, as well
as its common law rights and on its use of the HIGH LINE marks in interstate commerce to
buttress this action. The aforementioned registration for BOND NO. 9 HIGH LINE, as well as
Laurice’s common law rights in the mark HIGH LINE are collectively referred to as “Laurice’s
HIGH LINE Marks.”
32. Laurice also owns all right, title, and interest in and to multiple U.S. Registrations
issued by the USPTO consisting of the term CENTRAL PARK:
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 U.S. Registration No. 2,998,759 registered on September 20, 2005 for the mark
CENTRAL PARK in connection with “fragrances for personal use, namely,
perfume” and cites a date of first use at least by July 2004 and has been
continually used in commerce since then. This registration is incontestable, valid,
and subsisting. A true and accurate copy of the registration certificate of U.S.
Registration No. 2,998,759 is attached as Exhibit F.
 U.S. Registration No. 3,621,454 registered on May 19, 2009 for the mark
CENTRAL PARK in connection with “perfume” and cites a date of first use at
least by July 2004 and has been continually used in commerce since then. This
registration is incontestable, valid, and subsisting. A true and accurate copy of the
registration certificate of U.S. Registration No. 3,621,454 is attached as Exhibit
G.
 U.S. Registration No. 4,255,053 registered on December 4, 2012 for the mark
CENTRAL PARK WEST in connection with “Fragrances for personal use,
namely, perfume and colognes; body lotions, cosmetics, namely, non-medicated
skin care preparations” and cites a date of first use at least by March 15, 2012 and
has been continually used in commerce since then. This registration is valid and
subsisting. A true and accurate copy of the registration certificate of U.S.
Registration No. 4,255,053 is attached as Exhibit H.
 U.S. Registration No. 4,452,462 registered on December 17, 2013 for the mark
CENTRAL PARK SOUTH in connection with “Fragrances for personal use,
namely, perfumes, colognes, body lotions, body creams, skin lotions, skin
creams” and cites a date of first use at least by March 15, 2013 and has been
continually used in commerce since then. This registration is valid and subsisting.
A true and accurate copy of the registration certificate of U.S. Registration No.
4,452,462 is attached as Exhibit I.
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The foregoing trademark registrations listed in Exhibit F through Exhibit I are collectively
referred to as “Laurice’s CENTRAL PARK Marks.”
33. As shown in Exhibit J and depicted below, Laurice’s CENTRAL PARK Marks
have been used by Laurice on its product packaging for perfumes.
34. Laurice also owns all right, title, and interest in and to several federal trademark
registrations which reference or connote New York City or its surrounding area. A list of these
other federal registrations is attached as Exhibit K. These registrations demonstrate Laurice’s
extensive good will and association with everything New York.
35. Because of Laurice’s extensive use of the Laurice’s NOLITA Marks, Laurice’s
HIGH LINE Marks, and Laurice’s CENTRAL PARK Marks, the aforementioned marks have
built up significant goodwill and are commonly associated with New York City.
36. Due to Laurice’s long use, extensive sales, and promotional and advertising
activities, Laurice’s NOLITA Marks, Laurice’s HIGH LINE Marks, and Laurice’s CENTRAL
PARK Marks have achieved widespread acceptance and recognition among the consuming
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public and trade throughout the United States. Laurice’s NOLITA Marks, Laurice’s HIGH LINE
Marks, and Laurice’s CENTRAL PARK Marks immediately conjure up Laurice’s well-known
association with New York City that the trade and consumers alike recognize.
37. Laurice has developed significant goodwill and common law trademark rights in
its bottle shape used for Laurice’s fragrances, which has been used in commerce with fragrances
since at least as early as 2003. Images of Laurice’s distinctive bottle design are provided below
(“Laurice’s Bottle Mark”).
38. Laurice’s Bottle Mark has been used with virtually all of Laurice’s fragrances
since 2003. Laurice has sold hundreds of thousands of bottles of perfumes featuring Laurice’s
Bottle Mark, both domestically and internationally, and has extensively advertised and promoted
Laurice’s Bottle Mark. Advertisements prominently featuring Laurice’s Bottle Mark have
appeared in the New York Times and other publications. Furthermore, Laurice’s Bottle Mark is
prominently displayed at stores such as Saks Fifth Avenue and on Laurice’s website,
bondno9.com.
39. Laurice has used Laurice’s Bottle Mark in interstate commerce since at least as
early as 2003 in connection with Class 3 goods, namely perfumes. Laurice made bona fide use of
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Laurice’s Bottle Mark mark in the ordinary course of trade. Indeed, Laurice has used the
Laurice’s Bottle Mark, continues to use the Laurice’s Bottle Mark in commerce, and has a bona
fide intent to use the Laurice’s Bottle Mark in the future. Laurice’s Bottle Mark has developed
definite secondary meaning through Laurice’s extensive use of the mark and promotion of
Laurice’s perfumes with Laurice’s Bottle Mark. Laurice has established and developed strong
proprietary common law trademark rights in Laurice’s Bottle Mark on or in connection with
perfume.
40. Laurice has also secured a design patent for Laurice’s Bottle Mark, U.S. Design
Patent No. D500,446. An image of the claimed design in U.S. Design Patent No. D500,446
(granted on January 4, 2005) is depicted below and true and accurate copy of U.S. Design Patent
No. D500,446 is attached as Exhibit Q.
Proceedings to Cancel Kierin’s Registrations for SANTAL PARK and NOLITA NOIR
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41. On May 8, 2018, the USPTO granted Kierin a trademark registration for
SANTAL PARK, Registration No. 5,465,800, covering “Fragrances made in significant part of
sandalwood.” Kierin’s application for SANTAL PARK was filed on March 6, 2017 with an
intent-to-use basis, and a statement of use was filed by Kierin on March 8, 2018.
42. On May 8, 2018, the USPTO granted Kierin a trademark registration for NOLITA
NOIR, Registration No. 5,465,799 covering “Fragrances.” Kierin’s application for NOLITA
NOIR was filed on March 6, 2017 with an intent-to-use basis, and a statement of use was filed by
Kierin on March 8, 2018.
43. On June 26, 2018 Laurice filed Petitions for Cancellation with the Trademark
Trial and Appeal Board (“TTAB”) in the USPTO against Registration Nos. 5,465,799 and
5,465,800 for NOLITA NOIR and SANTAL PARK asserting a likelihood of confusion with
Laurice’s NOLITA Marks and Laurice’s CENTRAL PARK Marks (TTAB Proceeding Nos.
92068887 and 92068828).
Defendant’s Unlawfully Competing Acts
44. Upon information and belief, Kierin released fragrances and perfumes in early
2018. The fragrances at issue are named NOLITA NOIR, SANTAL PARK, and HIGHLINE
FLIRT.
45. According to Kierin’s website, kierin-nyc.com, Kierin “is a bold, disruptive brand
challenging the rules of fragrance” which “invites people ‘to be inspired, not defined or confined,
by fragrance.’” Kierin’s website states that “each fragrance is an artfully crafted collage of scents
inspired by energetic vibes of an urban lifestyle” and that Kierin “connects the human experience
of scent with story telling and hopes that people will make the brand deeply personal through
their own individual stories.” See Exhibit L.
46. Kierin, on its website, markets and advertises its HIGHLINE FLIRT fragrance
with images of a New York City Ninth Avenue street sign and images of The High Line park,
located in New York City. True and accurate screenshots of Kierin’s website advertising,
marketing, and offering the HIGHLINE FLIRT product for sale is attached as Exhibit M.
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47. Kierin, on its website, markets and advertises its SANTAL PARK fragrances with
images of a New York City 5th Avenue and Central Park West streets signs and images of
Central Park. True and accurate screenshots of Kierin’s website advertising, marketing, and
offering the SANTAL PARK product for sale is attached as Exhibit N.
48. Kierin, on its website, markets and advertises its NOLITA NOIR fragrance with
images of a New York City Lafayette streets sign and images of buildings in the NoLiTa
neighborhood. True and accurate screenshots of Kierin’s website advertising, marketing, and
offering the NOLITA NOIR product for sale is attached as Exhibit O.
49. Kierin’s advertising, marketing, and sale of its NOLITA NOIR, SANTAL PARK,
and HIGHLINE FLIRT fragrances demonstrates that Kierin is actively attempting to connote the
New York City locations identified in its marks, namely NoLiTa for NOLITA NOIR, The High
Line for HIGHLINE FLIRT, and Central Park for SANTAL PARK with itself and in opposition
to Laurice’s rights.
50. It is evident that the Kierin’s adoption and use of NOLITA NOIR, HIGHLINE
FLIRT, SANTAL PARK along with the adoption and use of photographic images of the New
York City street signs and neighborhoods on its packaging and marketing materials for Kierin’s
NOLITA NOIR, HIGHLINE FLIRT, SANTAL PARK fragrances was done in an effort to trade
off of Laurice’s NOLITA Marks, Laurice’s HIGH LINE Marks, Laurice’s CENTRAL PARK
Marks, and Laurice’s good-will and strong association with New York City.
51. The term “NOLITA” in Kierin’s NOLITA NOIR mark and registration is
identical to the term “NOLITA” in Laurice’s NOLITA Marks. The addition of the term “NOIR,”
a term which translates to “black,” is insufficient to distinguish Kierin’s NOLITA NOIR mark
from Laurice’s NOLITA Marks. Kierin’s NOLITA NOIR mark and registration looks nearly the
same as Laurice’s NOLITA Marks. Kierin’s NOLITA NOIR mark and registration is
pronounced and sounds nearly the same as Laurice’s NOLITA Marks. Kierin’s NOLITA NOIR
mark and registration shares a similar connotation and commercial impression to Laurice’s
NOLITA Marks. Both connote the same location, the neighborhood of NoLiTa (which stands for
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North of Little Italy) located in New York City. As such, both Kierin’s NOLITA NOIR mark and
registrations and Laurice’s NOLITA Marks share identical or substantially similar connotations.
Furthermore, Kierin’s NOLITA NOIR product, along with the advertising and marketing
materials thereof, also mimics Laurice’s original and distinctive content which Laurice uses on
its own fragrances, products, and promotional materials long before Kierin’s release of the
NOLITA NOIR product. Specifically, the product packaging and advertising/marketing
materials for Kierin’s NOLITA NOIR product feature highly stylized lips, which are highly
similar to the product packaging and trade dress featured on products bearing Laurice’s NOLITA
Marks. A side-by-side comparison of Kierin’s NOLITA NOIR product with Laurice’s trade
dress for products bearing Laurice’s NOLITA Marks is attached as Exhibit P. It is evident that
Kierin intended to trade off Laurice’s good will through the rote impersonation of Laurice’s
products and original content.
52. The term “HIGHLINE” in Kierin’s HIGHLINE FLIRT mark is nearly identical to
the term “HIGH LINE” in Laurice’s HIGH LINE Marks. The addition of the term “FLIRT” is
insufficient to distinguish Kierin’s HIGHLINE FLIRT mark from Laurice’s HIGH LINE Marks.
Kierin’s HIGHLINE FLIRT mark looks nearly the same as Laurice’s HIGH LINE Marks.
Kierin’s HIGHLINE FLIRT mark is pronounced and sounds nearly the same as Laurice’s HIGH
LINE Marks. Kierin’s HIGHLINE FLIRT mark shares a similar connotation and commercial
impression to Laurice’s HIGH LINE Marks. Both connote the same location, the High Line Park
spanning from the Meatpacking district through Chelsea located in New York City. As such,
both Kierin’s HIGHLINE FLIRT Mark and Laurice’s HIGH LINE Marks share identical or
substantially similar connotations.
53. The term “SANTAL” in Kierin’s SANTAL PARK mark and registration is highly
similar to the term “CENTRAL” in Laurice’s CENTRAL PARK Marks. The term “SANTAL” in
Registrant’s Mark is phonetically similar to the term “CENTRAL” in Laurice’s CENTRAL
PARK Marks and there are no other terms in Kierin’s SANTAL PARK mark and registration to
distinguish it from Laurice’s CENTRAL PARK Marks. Kierin’s SANTAL PARK mark looks
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nearly the same as Laurice’s CENTRAL PARK Marks. Kierin’s SANTAL PARK mark and
registration is pronounced and sounds nearly the same as Laurice’s CENTRAL PARK Marks.
Kierin’s SANTAL PARK mark and registration shares a similar connotation and commercial
impression to Laurice’s CENTRAL PARK Marks. Both connote the same location, Central Park
in the borough of Manhattan located in New York City. Kierin’s connotation and association
with Central Park is made clear by its use of Central Park street signs in Kierin’s advertising and
marketing materials, as shown in Exhibit N. As such, both Kierin’s SANTAL PARK mark and
registration and Laurice’s CENTRAL PARK Marks share identical or substantially similar
connotations.
54. Furthermore, Kierin has used imagery of Laurice’s distinctive bottle shape and
design to promote Kierin’s own fragrances.
55. On June 30, 2018, well after Kierin was on actual notice of Laurice and Laurice’s
rights and in total disregard of Laurice’s rights, Kierin posted images on Instagram and Facebook
which feature an image with the term “PERFUME BAR” overlaid on a blue neon outline of a
perfume bottle which is highly similar to Laurice’s Bottle Mark. True and accurate images of
Kierin’s Facebook and Instagram posts are depicted below.
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56. Kierin’s Facebook and Instagram posts depicted above feature text stating “What
scent stories will you make this summer? Sally up to our perfume ‘bar in a box’ and discover 4
distinctive, new fragrances.. SHOP now Discovery Set, just $18 includes Free Domestic USA
Shipping + $18 Discount Coupon good towards your purchase of a full-sized bottle. 🔥
#santalpark #kierinnyc #perfumebar #perfume #fragranceoftheday #perfume #fragrancestories
#manhattanminds.”
57. The image of the perfume bottle featured in Kierin’s Facebook and Instagram
pages is highly similar to Laurice’s Bottle Mark. A side-by-side comparison of the image
featured in Kierin’s Facebook and Instagram posts with Laurice’s Bottle Mark and Laurice’s
U.S. Design Patent No. D500,446 claiming Laurice’s Bottle Mark is provided below.
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Laurice’s Bottle Mark and Perfume Bottle featured in Kierin’s
U.S. Design Patent No. D500,446 Facebook and Instagram Posts
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58. It is clear that, despite having actual notice of Laurice and Laurice’s various
trademark rights (including Laurice’s Bottle Mark), Kierin still took affirmative steps to mimic
Laurice’s trademarks, including Laurice’s Bottle Mark, in an effort to trade off Laurice’s
goodwill to advertise Kierin’s fragrances, products, and promotional materials. Specifically, the
perfume bottle featured in Kierin’s Facebook and Instagram posts is highly similar to Laurice’s
Bottle Mark and the design claimed in U.S. Design Patent No. D500,446. It is evident that
Kierin, even after having actual notice of Laurice, intended to trade off Laurice’s good will
through the rote impersonation of Laurice’s products and original content, including Laurice’s
Bottle Mark.
COUNT I
VIOLATION OF 15 U.S.C §1114 WITH RESPECT TO LAURICE’S NOLITA MARKS
59. Laurice repeats and realleges each allegation in paragraphs 1 to 58 as if fully set
forth herein.
60. Laurice has put Kierin on notice of Laurice’s NOLITA Marks and despite such
notice Kierin has continued its infringing activities.
61. The fragrances/perfumes offered by Kierin under its NOLITA NOIR
mark/registration are identical to or substantially similar to, and/or closely related to Laurice’s
fragrances and perfumes and Laurice’s NOLITA Marks.
62. The fragrances/perfumes offered by Kierin under NOLITA NOIR
mark/registration are and will be offered through the same and/or similar channels of trade in
which Laurice’s fragrances and perfumes under Laurice’s NOLITA Marks are and/or will be
offered and/or otherwise marketed.
63. Laurice’s rights in Laurice’s NOLITA Marks are prior and superior to those of
Kierin and its NOLITA NOIR marks/registrations.
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64. The foregoing activities of Kierin violate 15 U.S.C. § 1114 (a). Customers,
prospective customers, and the trade have been and are likely to be confused, deceived, and
misled by Kierin’s actions, and to believe that there is an association, sponsorship, or
endorsement between Kierins’s NOLITA NOIR fragrances and Laurice, Laurice’s products,
and/or Laurice’s NOLITA Marks as a consequence of those activities, when in fact there is none.
65. Use by Kierin of NOLITA NOIR on fragrances constitutes clear and direct
infringement of Laurice’s trademark rights, namely Laurice’s NOLITA Marks.
66. The foregoing activies of the Kierin infringe the valuable trademark rights of
Laurice in Laurice’s NOLITA Marks for the improper benefit of Kierin.
67. The acts of Kierin described herein were undertaken without the permission,
license, or consent of Laurice.
68. Kierin’s rote copying of Laurice original content, including the stylized lips
design on Kierin’s NOLITA NOIR fragrance demonstrates that Kierin is intentionally and
willfully attempting to trade off the good will of Laurice.
69. Kierin’s foregoing activities have irreparably damaged Laurice and have further
caused monetary damages in an amount yet unknown. Kierin’s wrongful acts have caused and
will continue to cause Laurice to suffer irreparable harm for which it has no adequate remedy at
law.
COUNT II
VIOLATION OF 15 U.S.C §1114 WITH RESPECT TO LAURICE’S HIGH LINE

MARKS
forth herein.
71. Laurice has put Kierin on notice of Laurice’s HIGH LINE Marks and despite such
notice Kierin has continued its infringing activities.
20
72. The fragrances/perfumes offered by Kierin under its HIGHLINE FLIRT mark are
identical to or substantially similar to, and/or closely related to Laurice’s fragrances and
perfumes and Laurice’s HIGH LINE Marks.
73. The fragrances/perfumes offered by Kierin under the HIGHLINE FLIRT mark are
and will be offered through the same and/or similar channels of trade in which Laurice’s
fragrances and perfumes under Laurice’s HIGH LINE Marks are and/or will be offered and/or
otherwise marketed.
74. Laurice’s rights in Laurice’s HIGH LINE Marks are prior and superior to those of
Kierin and its marks/registrations.
endorsement between Kierins’s HIGHLINE FLIRT fragrances and Laurice, Laurice’s products,
and/or Laurice’s HIGH LINE Marks as a consequence of those activities, when in fact there is
none.
76. Use by Kierin of HIGHLINE FLIRT on fragrances constitutes clear and direct
infringement of Laurice’s trademark rights, namely Laurice’s HIGH LINE Marks.
Laurice in Laurice’s HIGH LINE Marks for the improper benefit of Kierin.
law.
21
COUNT III
VIOLATION OF 15 U.S.C §1114 WITH RESPECT TO LAURICE’S CENTRAL PARK

MARKS
forth herein.
81. Laurice has put Kierin on notice of Laurice’s CENTRAL PARK Marks and
despite such notice Kierin has continued its infringing activities.
82. The fragrances/perfumes offered by Kierin under its SANTAL PARK mark are
identical to or substantially similar to, and/or closely related to Laurice’s fragrances and
perfumes and Laurice’s CENTRAL PARK Marks.
83. The fragrances/perfumes offered by Kierin under the SANTAL PARK mark are
and will be offered through the same and/or similar channels of trade in which Laurice’s
fragrances and perfumes under Laurice’s CENTRAL PARK Marks are and/or will be offered
and/or otherwise marketed.
84. Laurice’s rights in Laurice’s CENTRAL PARK Marks are prior and superior to
those of Kierin and its marks/registrations.
endorsement between Kierins’s SANTAL PARK fragrances and Laurice, Laurice’s products,
and/or Laurice’s CENTRAL PARK Marks as a consequence of those activities, when in fact
there is none.
86. Use by Kierin of SANTAL PARK on fragrances constitutes clear and direct
infringement of Laurice’s trademark rights, namely Laurice’s CENTRAL PARK Marks.
Laurice in Laurice’s CENTRAL PARK Marks for the improper benefit of Kierin.
22
law.
COUNT IV
VIOLATION OF 15 U.S.C. § 1125(a)
forth herein.
91. The foregoing acts of Kierin constitute false designation of origin, false
description, and false representations in commerce that the Kierin’s fragrances are that of
Laurice, or is sponsored, approved, authorized by, or affiliated with Laurice.
92. Kierin’s actions are likely to cause confusion or mistake among consumers and
the general public as to the true origin, source, sponsorship, or affiliation of Kierin’s fragrances
in violation of §43(a) of the Lanham Act, as amended.
93. Laurice has no control over the quality of the fragrances provided by Kierin, with
the likely result that Laurice’s valuable goodwill in its marks will be severely damaged.
law.
23
COUNT V
VIOLATION OF 15 U.S.C. § 1125(a) WITH RESPECT TO LAURICE’S BOTTLE

MARK
forth herein.
96. Kierin’s use of a highly similar image to that of Laurice’s Bottle Mark on
Instagram and Facebook to promote Kierin’s products constitutes false designation of origin,
false description, and false representations in commerce that the Kierin’s fragrances are that of
Laurice, or is sponsored, approved, authorized by, or affiliated with Laurice.
97. Kierin’s use of a highly similar image of Laurice’s Bottle Mark to promote
Kierin’s fragrances is likely to cause confusion or mistake among consumers and the general
public as to the true origin, source, sponsorship, or affiliation of Kierin’s fragrances in violation
of §43(a) of the Lanham Act, as amended.
98. Laurice has no control over the quality of the fragrances provided by Kierin, with
the likely result that Laurice’s valuable goodwill in its marks will be severely damaged.
99. Kierin’s use of a highly similar image of Laurice’s Bottle Mark to promote
Kierin’s fragrances have irreparably damaged Laurice and have further caused monetary
damages in an amount yet unknown. Kierin’s wrongful acts have caused and will continue to
cause Laurice to suffer irreparable harm for which it has no adequate remedy at law.
COUNT VI
CANCELLATION OF KIERIN’S FEDERAL REGISTRATION FOR NOLITA NOIR
forth herein.
101. Laurice seeks cancellation of Kierin’s federal trademark registration for NOLITA
NOIR, U.S. Reg. No. 5,465,799, pursuant to Sections 14 and 37 of the Lanham Act, 15 U.S.C.
24
§§ 1064 & 1119 because Kierin’s federal trademark registration for NOLITA NOIR, when used
on or in connection with the goods recited in U.S. Reg. No. 5,465,799 and/or closely related
goods/services, is likely to cause confusion with Laurice’s NOLITA Marks, to cause mistake,
and/or to deceive the trade and/or the public, such that the trade and/or the public are likely to
believe that Kierin’s goods under the NOLITA NOIR mark have their origin with Laurice and/or
that such goods are approved, endorsed, or sponsored by Laurice.
102. At least for the above reasons, Laurice therefore is likely to be damaged by the
continued registration of U.S. Reg. No. 5,465,799 for NOLITA NOIR.
COUNT VII
CANCELLATION OF KIERIN’S FEDERAL REGISTRATION FOR SANTAL PARK
forth herein.
104. Laurice seeks cancellation of Kierin’s federal trademark registration for SANTAL
PARK, U.S. Reg. No. 5,465,800, pursuant to Sections 14 and 37 of the Lanham Act, 15 U.S.C.
§§ 1064 & 1119 because Kierin’s federal trademark registration for SANTAL PARK, when used
on or in connection with the goods recited in U.S. Reg. No. 5,465, 800 and/or closely related
goods/services, are likely to cause confusion with Laurice’s CENTRAL PARK Marks, to cause
mistake, and/or to deceive the trade and/or the public, such that the trade and/or the public are
likely to believe that Kierin’s goods under the SANTAL PARK mark have their origin with
Laurice and/or that such goods are approved, endorsed, or sponsored by Laurice.
105. At least for the above reasons, Laurice therefore is likely to be damaged by the
continued registration of U.S. Reg. No. 5,465,800 for SANTAL PARK.
COUNT VIII
VIOLATION OF NEW YORK GEN. BUS. LAW §360-l and 349-h

forth herein.
25
107. By reason of the practices and acts set forth above, Kierin has injured Laurice’s
business reputation.
108. The foregoing activities of Kierin are without the permission, license, or consent
of Laurice and, unless enjoined by this Court, Kierin will continue these practices and acts,
thereby harming Laurice’s business reputation and causing Laurice immediate and irreparable
injury.
109. Kierin’s wrongful acts violate §360-i and 349-h of the New York General
Business Law.
110. Kierin’s foregoing activities have irreparably damaged Laurice’s reputation and
have further caused Laurice monetary damages in an amount as yet unknown. Kierin’s wrongful
acts have caused and will continue to cause Laurice to suffer irreparable harm for which it has no
adequate remedy at law.

COUNT IX
UNFAIR COMPETITION AND MISAPPROPRIATION UNDER THE COMMON LAW
111. Laurice repeats and realleges each allegation in paragraphs 1 to 110 hereof as if
fully set forth herein.
112. The aforesaid activities of Kierin misappropriate and trade upon the fine
reputation and goodwill of Laurice, thereby injuring that reputation and goodwill, and unjustly
divert from Laurice to Kierin the benefits rightfully belonging to Laurice.
113. The aforesaid activities of Kierin constitute unfair competition, false advertising,
and misappropriation under the common law.
114. The aforesaid activities of Kierin are likely to result in confusion between
Kierin’s fragrances and Laurice and/or Laurice’s fragrances.
115. The aforesaid activities of Kierin have caused and will cause Laurice to sustain
26
monetary damage, loss, and injury.
116. Kierin continue to engage in the foregoing activities knowingly and willfully and
in total disregard of Laurice’s intellectual property rights.
caused Laurice monetary damages in an amount as yet unknown. Kierin’s wrongful acts have
caused and will continue to cause Laurice to suffer irreparable harm for which it has no adequate
remedy at law.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff Laurice El Badry Rahme LTD., respectfully prays that this
Court enter judgment in its favor and against Kierin as follows:
1. Granting temporary, preliminary and permanent injunctive relief restraining and
enjoining Kierin, its officers, agents, employees, and attorneys and all those persons or entities in
active concert or participation with it from:
a. using NOLITA NOIR, HIGHLINE FLIRT, SANTAL PARK, and
Laurice’s Bottle Mark;
b. using any mark confusingly similar to Laurice’s NOLITA Marks,
Laurice’s CENTRAL PARK Marks, Laurice’s HIGH LINE Marks, and/or Laurice’s Bottle
Mark:
c. manufacturing, importing, advertising, marketing, promoting, supplying,
distributing, offering for sale, or selling any fragrances with marks which are substantially
similar to Laurice’s NOLITA Marks, Laurice’s CENTRAL PARK Marks, Laurice’s HIGH
LINE Marks, and Laurice’s Bottle Mark;
d. engaging in any other activity constituting unfair completion with Laurice,
or acts and practices that deceive consumers, the public, and/or trade, including without
limitation, the use of designations or stylized design elements associated with Laurice;
27
e. engaging in any other activity that will dilute the distinctiveness of the
Laurice’s trademarks, including Laurice’s NOLITA Marks, Laurice’s CENTRAL PARK Marks,
Laurice’s HIGH LINE Marks, and Laurice’s Bottle Mark; and
f. Committing any other act which falsely represents or which has the effect
of falsely representing that the fragrances of Kierin are licensed by, authorized by, offered by,
produced by, sponsored by, or in any other way associated with Laurice;
2. Ordering Kierin to recall from any distributors and retailers and to deliver to
Laurice for destruction or other disposition all remaining inventory of all infringing products,
including all advertisements, promotion and marketing materials for the same;
3. Ordering an accounting by Kierin of all gains, profits and advantages derived
from their wrongful acts;
4. Awarding Laurice all of Kierin’s profits and all damages sustained by Laurice as
a result of Kierin’s wrongful acts, and such other compensatory damages as the Court determines
to be fair and appropriate pursuant to 15 U.S.C. §1117(a);
5. Awarding treble damages in the amount of Kierin’s profits or Laurice’s damages,
whichever is greater, for willful infringement pursuant to 15 U.S.C. § 1117(b);
6. Awarding applicable interest, costs, disbursements and attorney’s fees, pursuant
to 15 U.S.C. § 1117(b);
7. Awarding Laurice statutory damages pursuant to 15 U.S.C. §1117(c);
8. Such other relief as may be just and proper.
JURY DEMAND
Plaintiff Laurice demands a trial by jury on all facts so triable.
28
Case 1:18-cv-07198-PGG Document 12-1 Filed 08/31/18 Page 1 of 5
Exhibit A
Exhibit B
Reg. No. 5,444,197 Laurice El Badry Rahme Ltd (NEW YORK CORPORATION), DBA Laurice & Co.
9 Bond Street
Registered Apr. 10, 2018 New York, NEW YORK 10012
CLASS 3: Fragrances for personal use, namely, perfume, colognes; after bath splashes, body
Int. Cl.: 3 sprays, shower gels, soaps, body lotions, massage oils, cosmetics; non-medicated skin care
preparations, namely, body creams, skin lotions, skin cleansers, skin creams, skin exfoliates,
Trademark skin moisturizers and skin toners; makeup, lipstick, foundation powders, eye shadow, nail
polish, mascara and eye pencils
Principal Register
FIRST USE 3-00-2017; IN COMMERCE 3-00-2017
THE MARK CONSISTS OF STANDARD CHARACTERS WITHOUT CLAIM TO ANY

PARTICULAR FONT STYLE, SIZE OR COLOR
OWNER OF U.S. REG. NO. 2742675
SER. NO. 87-193,422, FILED 10-05-2016

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 Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) between the 5th and 6th
years after the registration date. See 15 U.S.C. §§1058, 1141k. If the declaration is accepted, the
registration will continue in force for the remainder of the ten-year period, calculated from the registration
date, unless cancelled by an order of the Commissioner for Trademarks or a federal court.
Second Filing Deadline: You must file a Declaration of Use (or Excusable Nonuse) and an Application
for Renewal between the 9th and 10th years after the registration date.* See 15 U.S.C. §1059.
Requirements in Successive Ten-Year Periods*

What and When to File:
You must file a Declaration of Use (or Excusable Nonuse) and an Application for Renewal
between every 9th and 10th-year period, 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.
*ATTENTION MADRID PROTOCOL REGISTRANTS: The holder of an international registration with an

extension of protection to the United States under the Madrid Protocol must timely file the Declarations of Use
(or Excusable Nonuse) referenced above directly with the United States Patent and Trademark Office (USPTO).
The time periods for filing are based on the U.S. registration date (not the international registration date). The
deadlines and grace periods for the Declarations of Use (or Excusable Nonuse) are identical to those for
nationally issued registrations. See 15 U.S.C. §§1058, 1141k. However, owners of international registrations
do not file renewal applications at the USPTO. Instead, the holder must file a renewal of the underlying
international registration at the International Bureau of the World Intellectual Property Organization, under
Article 7 of the Madrid Protocol, before the expiration of each ten-year term of protection, calculated from the
date of the international registration. See 15 U.S.C. §1141j. For more information and renewal forms for the
international registration, see http://www.wipo.int/madrid/en/.
NOTE: Fees and requirements for maintaining registrations are subject to change. Please check the
USPTO website for further information. With the exception of renewal applications for registered
extensions of protection, you can file the registration maintenance documents referenced above online at h
ttp://www.uspto.gov.
NOTE: A courtesy e-mail reminder of USPTO maintenance filing deadlines will be sent to trademark
owners/holders who authorize e-mail communication and maintain a current e-mail address with the
USPTO. To ensure that e-mail is authorized and your address is current, please use the Trademark
Electronic Application System (TEAS) Correspondence Address and Change of Owner Address Forms
available at http://www.uspto.gov.
Page: 2 of 2 / RN # 5444197
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Exhibit J
Exhibit K
Registration Word Mark Goods Registration

No Date
3259722 BLEECKER Fragrances for personal use, namely, Jul. 10, 2007
STREET perfumes
3641285 BOND NO. 9 Fragrances for personal use, namely, Jun. 16, 2009
BROOKYLN perfumes
3336547 BOND NO. 9 FIRE Fragrances for personal use, namely, Nov. 13,
ISLAND perfumes 2007
4533909 BOND NO. 9 Fragrances for personal use, namely, May 20,
HUDSON YARDS perfumes, colognes, cosmetics, 2014
namely, non-medicated skin care
preparations, body creams, skin
lotions, skin cleansers, skin cream
moisturizers
5176852 BOND NO. 9 Fragrances for personal use, namely, Apr. 04,
LIBERTY ISLAND perfumes and colognes; after bath 2017
body splashes, body sprays, shower
gels, soaps, body lotions, massage
oils; cosmetics, namely, non-
medicated skin care preparations,
makeup, lipstick, foundation, face
powder, eyeshadow, nail polish,
mascara and eye pencils
4550915 BOND NO. 9 Fragrances for personal use, namely, Jun. 17, 2014
MADISON perfumes, colognes, body lotions
SQUARE PARK
4400633 BOND NO. 9 Fragrances for personal use, namely, Sep. 10,
MANHATTAN perfumes and colognes; body lotions 2013
4700038 BOND NO. 9 Fragrances for personal use, namely, Mar. 10,
QUEENS perfumes and colognes; body lotions 2015
4176243 BOND NO. 9 SAG Fragrances for personal use, namely, Jul. 17, 2012
HARBOR perfumes and colognes
5162590 BOND NO. 9 SOHO Fragrances for personal use, namely, Mar. 14,
perfume, colognes; after bath 2017
splashes, body sprays, shower gels,
soaps, body lotions, massage oils,
cosmetics; non-medicated skin care
preparations, namely, body creams,
skin lotions, skin cleansers, skin
creams, skin exfoliates, skin
moisturizers and skin toners; makeup,
lipstick, foundation powders, eye
shadow, nail polish, mascara and eye
pencils
3598977 BOND NO. 9'S Perfume Mar. 31,
ASTOR PLACE 2009
3604512 BOND NO. 9'S Fragrances for personal use, namely, Apr. 07,
CONEY ISLAND perfumes 2009
4110647 BOND NO.9'S Fragrances for personal use, namely, Mar. 13,
HAMPTONS perfumes and colognes; after bath 2012
body splashes, body sprays, shower
gels, soaps, body lotions, massage
oils; cosmetics, namely, non-
medicated skin care preparations,
makeup, lipstick, foundation, face
powder, eyeshadow, nail polish,
mascara and eye pencils
2977196 BROADWAY NITE Fragrances, namely perfumes and Jul. 26, 2005
colognes
3607673 BRYANT PARK Fragrances for personal use, namely, Apr. 14,
perfume and non medicated skin care 2009
preparations
2977200 CHELSEA Fragrances, namely perfumes and Jul. 26, 2005
FLOWERS colognes
3073943 CHINATOWN Fragrances for personal use, namely, Mar. 28,
perfumes, colognes 2006
4003487 COOPER SQUARE Fragrances for personal use, namely, Jul. 26, 2011
perfumes and colognes
3025035 EAU DE NEW Fragrances, namely, perfumes, Dec. 13,
YORK colognes, after bath splashes, body 2005
sprays, shower gels, soaps, body
lotions, and massage oil
2960235 EAU DE NOHO Fragrances, namely perfumes, Jun. 07, 2005
colognes
2977191 FASHION AVENUE Fragrances, namely perfumes and Jul. 26, 2005
colognes
2960234 GRAMERCY PARK Fragrances, namely perfumes, Jun. 07, 2005
colognes
2971726 GREAT JONES Fragrances, namely perfumes, Jul. 19, 2005
colognes
4812120 Fragrances for personal use, namely, Sep. 15,
perfumes and colognes 2015
3614485 LITTLE ITALY FRAGRANCES FOR PERSONAL May 05,

USE, namely, PERFUMES 2009
CANDLES
3299134 MAKING SCENTS Fragrances, namely perfumes Sep. 25,
OF NEW YORK 2007
3068644 NEW HAARLEM Fragrances, namely, perfumes, Mar. 14,
colognes 2006
candles
2977195 NEW YORK FLING Fragrances, namely perfumes, Jul. 26, 2005
colognes
2971727 NOUVEAU Fragrances, namely, perfumes and Jul. 19, 2005
BOWERY colognes
2981447 NUITS DE NOHO Fragrances, namely, perfumes, Aug. 02,
colognes 2005
candles
4268283 Fragrances for personal use, namely, Jan. 01, 2013
2977197 PARK AVENUE Fragrances, namely perfumes, Jul. 26, 2005

colognes
2977209 RIVERSIDE DRIVE Fragrances, namely, perfumes and Jul. 26, 2005
colognes
4560801 SHELTER ISLAND Fragrances for personal use, namely, Jul. 01, 2014
2977192 SO NEW YORK Fragrances, namely perfumes and Jul. 26, 2005
colognes
5177497 SUTTON PLACE Fragrances for personal use, namely, Apr. 04,
perfume, colognes 2017
3794034 UNION SQUARE Fragrances for personal use, namely, May 25,
perfumes and colognes, soaps, body 2010
lotions, cosmetics, namely, non-
medicated skin care products
3117599 WALL STREET Fragrances for personal use, namely, Jul. 18, 2006
Candles
3971716 WASHINGTON Fragrances for personal use, namely, May 31,
SQUARE perfumes, colognes, after bath 2011
splashes, body sprays, shower gels,
soaps, body lotions, massage oils,
cosmetics, non-medicated skin care
preparations, namely, body creams,

skin lotions, skin cleansers, skin
creams, skin exfoliates, skin
moisturizers and skin toners, makeup,
lipstick, foundation powders, eye
shadow, nail polish, mascara and eye
pencils
2977198 WEST Fragrances, namely perfumes and Jul. 26, 2005
BROADWAY colognes
3671078 WEST SIDE Fragrances for personal use, namely, Aug. 18,
perfumes 2009
Exhibit L
8/2/2018 Case 1:18-cv-07198-PGG ABOUT KIERIN NYC
Document – KIERIN
12-12 HOLDINGS,
Filed LLC
08/31/18 Page 2 of 5
FREE SHIPPING WITHIN THE US
CART
0 0
ABOUT KIERIN NYC

KIERIN NYC is a bold, disruptive brand challenging the rules of fragrance.
Unlike conventional fragrance brands, KIERIN NYC invites people "to be inspired,
not defined or confined, by fragrance."
KIERIN NYC is artistic, genderless and individualistic. Diversity and inclusion are

core to the brand and not just presented as an afterthought. KIERIN NYC is a
brand for young people of all ages, colors and nationalities.
https://kierin-nyc.com/pages/about-kierin-nyc 1/5
Document – KIERIN
12-12 HOLDINGS,
Filed LLC
08/31/18 Page 3 of 5
Each fragrance is an artfully crafted collage of scents inspired by energetic vibes

of an urban lifestyle. KIERIN NYC connects the human experience of scent with
story telling and hopes that people will make the brand deeply personal through
their own individual stories.
#FragranceStories.
Document – KIERIN
12-12 HOLDINGS,
Filed LLC
08/31/18 Page 4 of 5

KIERIN NYC cares. Our fragrances are vegan and cruelty-free, made with no toxins
allowed, free of skin allergens, parabens, and phthalates and made
from sustainable materials.
CONTACT
contact@kierin-nyc.com
ABOUT US
The Founders
Media & Partnership Inquiries
Company News: April 1, 2018
Press Release: April 12, 2018
Press Release: May 11, 2018
Document – KIERIN
12-12 HOLDINGS,
Filed LLC
08/31/18 Page 5 of 5
GENERAL
Terms & Conditions
Shipping & Deliveries
Returns & Exchanges
FAQs
Affiliate Program
Wholesaler Information
Corporate Gifts
MANHATTAN MINDS BLOG
Sign up for Discounts & News and get Manhattan Minds insider views on NYC Art, Beauty, Fashion
and Lifestyle, as a bonus, direct to your inbox.
@KIERIN_NYC
Your Real NYC Stories Illuminated in Fragrance by KIERIN NYC: http://youtu.be/G_StIMBKsCo?

a via @YouTube
POSTED ON JUL 31, 2018
© KIERIN HOLDINGS, LLC / Powered by Shopify
Exhibit M
Exhibit N
Exhibit O
Exhibit P
Exhibit Q
USOOD5004.46S
(12) United States Design Patent (10) Patent No.: US D500,446 S

Rahme (45) Date of Patent: : Jan. 4, 2005
(54) PERFUME BOTTLE D456,267 S 4/2002 Borri ....................... D9/574 X
D462,898 S * 9/2002 Weinstock ................... D9/331
(76) Inventor: Laurice Rahme, 6415th Ave., Apt. D478,180 S * 8/2003 Boss ......... ... D26/11
33H, New York, NY (US) 10022 D481,634 S. * 11/2003 Legros ........................ D9/516
(**) Term: 14 Years * cited by examiner
Primary Examiner-Carol Rademaker
(21) Appl. No. 29/185,578 (74) Attorney, Agent, or Firm-Gottlieb, Rackman &
(22) Filed: Jun. 26, 2003 Reisman, P.C.
(51) LOC (7) Cl. .................................................... 09-01 (57) CLAIM
(52) U.S. Cl. .......................................... D9/542, D9/574 The ornamental design for a perfume bottle, as shown and
(58) Field of Search .......................... D9/300, 331, 505, described.
D9/508, 516, 530, 542-543, 545,549, 558,
571-574; D28/911; 215/381-385, 396, DESCRIPTION
398, 400; D26/9-11 FIG. 1 is a top, front, and left side perspective view of the
perfume bottle showing my new design;
(56) References Cited FIG. 2 is a top plan view thereof;
U.S. PATENT DOCUMENTS FIG. 3 is a right side elevational view thereof, the left side
: elevational view being a mirror image;
p: s : 33. Erhard or E. FIG. 4 is front elevational view thereof, the rear elevational
D54,463 S 2/1920 Scott ........................... D9/508 view being a mirror image except for the unclaimed Sprayer
D112,704 S : 12/1938 McLaughlin ................. D9/542 tip, and,
D121,191 S * 6/1940 Loewy ........................ D9/542 FIG. 5 is a bottom plan view thereof.
D149,507 S * 5/1948 McIntosh ..................... D9/542 The broken line showing in the drawing figures is for
D280,548 S * 9/1985 Cramer ........ ... D23/366 illustrative purposes only and forms no part of the claimed
D363,226 S : 10/1995 Trussardi ..................... P954 design.
D365,992 S : 1/1996 Trussardi ..................... D9/544
D379,766 S * 6/1997 Schneider et al. ........... D9/542
D430,037 S 8/2000 Granai ........................ D9/544 1 Claim, 2 Drawing Sheets
U.S. Patent Jan. 4, 2005 Sheet 1 of 2 US D500,446 S
A/G2
P
=5292
2. Sars
SSANs
7s 2. N. NY: All
eEEE ( N NA
At ASN2ZH Y YA
72N
U.S. Patent Jan. 4, 2005 Sheet 2 of 2 US D500,446 S
E.
S
A/G5 N.
A NN. 2N.Y.),
Y SW-2 use.

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Case 1:18-cv-07198-PGG Document 12 Filed 08/31/18 Page 1 of 29

UNITED STATES DISTRICT COURT

law of the State of New York pertaining to unfair competition.

JURISDICTION AND VENUE

supplemental jurisdiction, 28 U.S.C. §1367(a).

3. Venue is proper in this district pursuant to 28 U.S.C. § 1391 because this is a

claims herein occurred in this district.

5. Laurice is a privately owned business which manufactures, markets, and sells

fragrances, cosmetics (including body cream and lipstick), and candles.

6. Upon information and belief, Defendant Kierin is a Limited Liability Company

otherwise within the jurisdiction of this Court.

9. In 2002, Laurice, a well-known fragrance house, launched a line of perfumes

honor of its flagship location at 9 Bond Street in New York City.

11. Each fragrance in Laurice’s collection represents a location or neighborhood of a

regardless of whether they are well-known, with a scent of their own.

12. Laurice’s collection of fragrances includes various New York designations to

or designation associated with the fragrance.

neighborhoods throughout its website, bondno9.com, and on its product packaging.

with New York, and in particular with New York City.

Laurice’s Trademarks and Registrations

trademark rights in the mark NOLITA in connection with perfumes.

NOLITA mark as used by Laurice.

rights in the NOLITA mark on or in connection with perfumes.

certificate of U.S. Registration No. 3,883,256 is attached as Exhibit D.

by Laurice on its product packaging for perfumes.

mark on or in connection with perfume and body wash.

HIGH LINE Marks.”

issued by the USPTO consisting of the term CENTRAL PARK:

CENTRAL PARK in connection with “fragrances for personal use, namely,

continually used in commerce since then. This registration is incontestable, valid,

Registration No. 2,998,759 is attached as Exhibit F.

registration certificate of U.S. Registration No. 3,621,454 is attached as Exhibit

CENTRAL PARK WEST in connection with “Fragrances for personal use,

namely, perfume and colognes; body lotions, cosmetics, namely, non-medicated

subsisting. A true and accurate copy of the registration certificate of U.S.

Registration No. 4,255,053 is attached as Exhibit H.

CENTRAL PARK SOUTH in connection with “Fragrances for personal use,

4,452,462 is attached as Exhibit I.

referred to as “Laurice’s CENTRAL PARK Marks.”

have been used by Laurice on its product packaging for perfumes.

other federal registrations is attached as Exhibit K. These registrations demonstrate Laurice’s

extensive good will and association with everything New York.

(“Laurice’s Bottle Mark”).

No. D500,446 is attached as Exhibit Q.

Kierin on March 8, 2018.

92068887 and 92068828).

Defendant’s Unlawfully Competing Acts

their own individual stories.” See Exhibit L.

offering the SANTAL PARK product for sale is attached as Exhibit N.

offering the NOLITA NOIR product for sale is attached as Exhibit O.

NOLITA NOIR product. Specifically, the product packaging and advertising/marketing

products and original content.

substantially similar connotations.

Registrant’s Mark is phonetically similar to the term “CENTRAL” in Laurice’s CENTRAL

design to promote Kierin’s own fragrances.

Kierin’s Facebook and Instagram posts are depicted below.

#santalpark #kierinnyc #perfumebar #perfume #fragranceoftheday #perfume #fragrancestories

Laurice’s Bottle Mark and Perfume Bottle featured in Kierin’s