Pony v. Anthony L&S Athletics

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JS 44C/SDNY

REV. 4/2014CIVIL COVER SHEET

The JS-44 civil coversheet and the information contained hereinneither replace norsupplement the filing and serviceofpleadings or other papers as required bylaw, except as provided by local rules ofcourt. Thisform, approved by theJudicial Conference ofthe United States inSeptember 1974, is required foruse ofthe Clerk ofCourt for the purposeofinitiating the civildocket sheet.

PLAINTIFFSPONY, INC. and ANTHONY L&SATHLETICS, LLC,

DEFENDANTSWIESNER PRODUCTS, INC. and HADDAD INTERNATIONAL, LLC

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBERPatrick Papalia, Esq. m^m ^^ ^^ . .Archer &Greiner, P.C. "*" J&. \J:44 Wall Street, Suite 1285New York. New York 10005 S3CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE)

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aItO^YS (IF 52V

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IS THIS AN INTERNATIONAL ARBITRATION CASE? No [x] YeS [~J

(PLACE ANM INONEBOX ONL Y)

TORTS

CONTRACT PERSONAL INJURY

I ]110 INSURANCE [ ] 310 AIRPLANE[ 1120 MARINE [ ] 315 AIRPLANE PRODUCT[ 1130 MILLER ACT LIABILITY

[ 1140 NEGOTIABLE [ | 320 ASSAULT, LIBEL &INSTRUMENT SLANDER

[ 1150 RECOVERY OF [ | 330 FEDERALOVERPAYMENT & EMPLOYERS'ENFORCEMENT LIABILITY

OF JUDGMENT [ ) 340 MARINEI ] 151 MEDICARE ACT [ | 345 MARINEPRODUCT1 H52 RECOVERY OF LIABILITY

DEFAULTED [ J 350 MOTOR VEHICLESTUDENT LOANS [ I 355 MOTOR VEHICLE(EXCL VETERANS) PRODUCT LIABILITY

I ]153 RECOVERY OF [ ] 360 OTHER PERSONALOVERPAYMENT INJURYOF VETERAN'S [ ) 362 PERSONAL INJURY -BENEFITS MED MALPRACTICE

[ J160 STOCKHOLDERS

SUITSt 1190 OTHER

CONTRACT

( H95 CONTRACT

PRODUCT ACTIONS UNOER STATUTESLIABILITY

[ J 196 FRANCHISE CIVIL RIGHTS

[ ] 440 OTHER CIVIL RIGHTS

REAL PROPERTY(Non-Prisoner)

( ] 441 VOTINGI 1210 LAND [ ] 442 EMPLOYMENT

CONDEMNATION | ] 443 HOUSING/[ J 220 FORECLOSURE ACCOMMODATIONS

I I 230 RENT LEASE & I ] 445 AMERICANS WITHEJECTMENT DISABILITIES •

[ I 240 TORTS TO LAND EMPLOYMENT

[ I 245 TORT PRODUCT I ]446 AMERICANS WITHLIABILITY DISABILITIES -OTHER

[ | 290 ALL OTHER

REAL PROPERTY

[ | 448 EDUCATION

Check ifdemandedincomplaint:

CHECK IF THIS IS ACLASS ACTIONUNDER F.R.C.P. 23•

DEMAND $_ OTHER

Check YES onlyifdemanded incomplaintJURY DEMAND: • YES UNO

NATURE OF SUIT

PERSONAL INJURY[ J 367 HEALTHCARE/PHARMACEUTICAL PERSONAL , , 625DRUG RELATED

!N,J™«U,CT lTtm SECURE OF PROPERTY[ ] 365 PERSONAL INJURY 21 ugr a81PRODUCT LIABILITY . ,fiimnTHFR

[ I366ASBESTOS PERSONAL ' JINJURY PRODUCT

LIABILITY

PERSONAL PROPERTY

[ ] 370 OTHER FRAUDI I 371 TRUTH IN LENDING

FORFEITURE/PENALTY

| ] 380 OTHER PERSONALPROPERTY DAMAGE

| ] 385 PROPERTY DAMAGEPRODUCT LIABILITY

PRISONER PETITIONS

[ I 463 ALIEN DETAINEE[ | 510 MOTIONS TO

VACATE SENTENCE28 USC 2255

[ ] 530 HABEAS CORPUS[ I 535 DEATH PENALTY[ ] 540 MANDAMUS & OTHER

LABOR

[ ] 710 FAIR LABORSTANDAROS ACT

[ ) 720 LABOR/MGMTRELATIONS

[ ) 740 RAILWAY LABOR ACT

| ) 751 FAMILY MEDICALLEAVEACT (FMLA)

[ ] 790 OTHER LABORLITIGATION

| ] 791 EMPL RET INCSECURITY ACT

IMMIGRATION

[ ] 462 NATURALIZATIONAPPLICATION

[ I 465 OTHER IMMIGRATIONACTIONS

PRISONER CIVIL RIGHTS

[ ] 550 CIVILRIGHTS[ ) 555 PRISON CONDITIONI I 560 CIVILDETAINEE

CONDITIONS OF CONFINEMENT

ul'o 6 » *-<•>««

ACTIONS UNDER STATUTES

BANKRUPTCY

I ) 422 APPEAL28 USC 158

[ | 423 WITHDRAWAL28 USC 157

PROPERTY RIGHTS

( ] 620 COPYRIGHTS[ 1830 PATENTM B40 TRADEMARK

SOCIAL SECURITY

[ ]861 HIA(13S5ff)[ ] 862 BLACKLUNG (923)I I 863 DIWC/DIWW (405(g))[ ] 864 SSID TITLE XVI[ ] 865 RSI (405(g))

FEDERAL TAX SUITS

( | 870 TAXES (U.S. Plaintiff orDefendant)

I | 871 IRS-THIRD PARTY26 USC 7609

OTHER STATUTES

I 1 375 FALSE CLAIMS[ ] 400 STATE

REAPPORTIONMENT

[ ] 410 ANTITRUST[ ] 430 BANKS & BANKING[ ) 450 COMMERCE[ 1460 DEPORTATION[ ] 470 RACKETEER INFLU

ENCED & CORRUPT

ORGANIZATION ACT

(RICO)[ 1480 CONSUMER CREDIT[ ] 490 CABLE/SATELLITE TV

[ ] 850 SECURITIES/COMMODITIES/

EXCHANGE

| 890 OTHER STATUTORYACTIONS

] 891 AGRICULTURALACTS

) 893 ENVIRONMENTALMATTERS

J895 FREEDOM OFINFORMATION ACT

I 896 ARBITRATION

] 899 ADMINISTRATIVEPROCEDURE ACT/REVIEW OR

APPEAL OF AGENCY DECISION

( J 950 CONSTITUTIONALITYOFSTATE STATUTES

\Ps6°H$$^ TH'S CASE 'S RELATED T0 ACIVIL CASE N0W PENDING IN S.D.N.Y.?

JUDGE DOCKET NUMBER

NOTE: You mustalso submit at the time offiling the Statementof Relatedness form (Form IH-32).

£(PLACE AN x IN ONE BOX ONLY) ORIGIN

V0 1 Original LJ 2 Removed from LJ 3 Remanded d 4 Reinstated or [] 5 Transferred from • 6 Multidistrict • 7 Appeal to DistrictProceeding gtateCourt from Reopened (Specify District) Litigation Judge from

| | 3. all parties represented Appellate

| | b. At least oneparty Is prose.

(PLACEANxINONEBOXONLY) BASIS OF JURISDICTION /T » IF DIVERSITY, INDICATED 1 U.S. PLAINTIFF Q 2 U.S. DEFENDANT Kf3 FEDERAL QUESTION Q4 DIVERSITY CITIZENSHIP BELOW.

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CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] in one box for Plaintiff and one box for Defendant)

CITIZEN OR SUBJECT OF AFOREIGN COUNTRY

PTF DEF

t 1 3 I I 3

Magistrate JudgeJudgment

PTF DEF

INCORPORATED and PRINCIPAL PLACE [ ] 5 [ ) 5OF BUSINESS IN ANOTHER STATE

PTF DEF

CITIZEN OF THIS STATE [ ] 1 ( ] 1

CITIZEN OF ANOTHER STATE [ ] 2 [ ] 2 INCORPORATED or PRINCIPAL PLACE [ ) 4 [ ] 4OF BUSINESS IN THIS STATE

FOREIGN NATION []6 t ]S

PLAINTIFF(S) ADDRESS(ES) ANDCOUNTY(IES)

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

DEFENDANT(S) ADDRESS UNKNOWNREPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN

RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Magistrate Judge is to be designated/by the Clerk of the Court.

Magistrate Judge UKQ'JUDGE NETBURNRuby J. Krajick, Clerk of Court by.

Check one: THIS ACTION SHOULD BE ASSIGNEDJ6<" Q WHITE PLAINS(DO NOT check either box if this a PRISONEF^J^flTION/PRISONER CIVIL RIGHTSCOMPLAINT.)

DATE 12/22/2014 SIGNATURE OF ATTORNEY Cji^CORD ADMITTED TO PRACTICE IN THIS DISTRICT[ I NO[X YES (DATE ADMITTED Mo.07 Yr. 2011 )

RECEIPT* /jgs Attorney BarCode* PP0018

, Deputy Clerk, DATED.

UNITED STATESDISTRICT COURT (NEW YORK SOUTHERN)

S MANHATTAN

is so Designated.

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

PONY, INC. and ANTHONY L&S ATHLETICS,LLC,

Plaintiffs,

-against-

Civil Action No.

4 C¥IPtTAINT

a~ x*w* 'sL>

JURY TRIAL DEMANDED

WIESNER PRODUCTS, INC. and HADDADINTERNATIONAL, LLC,

Defendants. * rx> ^

Plaintiffs PONY, Inc. ("PONY") and Anthony L&S Athletics, LLC ("L&S", and with

PONY, "Plaintiffs"), for their complaint against defendants Wiesner Products, Inc. ("WiesneT"")

and Haddad International, LLC ("Haddad", and with Wiesner, "Defendants"), by their attorneys

Archer & Greiner, P.C., allege on knowledge as to their own acts and otherwise on information

and belief as follows:

NATURE OF THE ACTION

1. This is an action for trademark counterfeiting, trademark infringement, false

designation of origin, false advertising, common law trademark infringement, unfair competition,

and deceptive acts and practices in violation of the laws of the United States and the State of

New York. Plaintiff seeks an injunction, recapture of profits, damages and related relief.

JURISDICTION AND VENUE

2. The Court has jurisdiction over this matter pursuant to 15 U.S.C. § 1121 and 28

U.S.C. §§ 1331, 1338 and 1367. Plaintiffs' claims are predicated upon the Lanham Trademark

Act of 1946, as amended, 15 U.S.C. § 1051, et seq., and related claims under the statutory and

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common law of the State of New York. Venue is proper in this district pursuant to 28 U.S.C.

§1391.

THE PARTIES

3. PONY is a Delaware corporation with its principal place of business at 4652 E.

Brickell St., Ontario, California 91761.

4. L&S is a New York limited liability company with its principal place of business

at 1400 Broadway, Suite 1405, New York, New York 10019.

5. Wiesner is a New York corporation with its principal place of business at 34 West

33rd Street, 11th Floor, New York, New York 10001.

6. Haddad is a New Jersey limited liability company with its principal place of

business at 330 Hurst Street, Linden, New Jersey 07036.

7. Defendants (i) regularly conduct business in New York and in this judicial

district, (ii) have advertised, distributed, offered for sale and/or sold the infringing and

counterfeit goods at issue in this case in New York and in this judicial district, and/or (iii)

expected, intended and/or directed that the infringing and counterfeit goods at issue in this case

be resold in New York and in this judicial district by its distributors, retail accounts and/or

customers, and had full knowledge that those products were resold in New York and in this

judicial district, and/or could reasonably be expected to be resold in New York and in this

judicial district.

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PONY'S TRADEMARKS

8. Since June 13, 2013, L&S has been the exclusive licensee for PONY-branded

footwear, apparel, accessories andhard goods in the United States and Canada. Specifically,

since June 13, 2013, L&S has had the exclusive right to design, manufacture, sell, distribute,

advertise andpromote all footwear, apparel, accessories andhard goods in the United States and

Canada bearing a number of trademarks owned by PONY and registered with the United States

Patent and Trademark Office (the "PONY Trademarks").

9. PONY is the owner of numerous registered and common law trademarks,

including the PONY Trademarks. ThePONY Trademarks include, but are not limited to, the

following United States Trademark Registrations:

Trademark RegistrationNumber

RegistrationDate

IC Goods and Services

">• ^^^/^'

1,286,085 7/17/1984 025 Footwear

"*%tS"

2,899,929 11/2/2004 025 Casual and athletic footwear

1,286,086 7/17/1984 025 Footwear

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*—'1,193,225 4/6/1982 025 Boots, shoes, slippers,

shirts, shorts, socks, jacketsand pants

'\f'

2,899,930 11/2/2004 025 Casual and athletic footwear

s^

1,224,322 1/18/1983 025 Men's, Women's andchildren's clothingnamely, track suits, t-shirts,shorts, pants, gloves, hats,bathing suits, tennis dresses,jackets, ski jackets and skipants; footwear of all kinds

PONY 2,666,380 12/24/2002 025 Shirts, t-shirts, tank tops,jerseys, sweatshirts,sweatpants, hoodedpullovers, shorts, pants,caps, hats, visors,headbands, wristbands,jackets, athletic and casualfootwear

PONY3,687,538 9/22/2009 035 Electronic catalog services

featuring footwear, clothingand accessories, namely,clothing and footwearaccessories; retail storesfeaturing footwear, clothingand accessories, namely,clothing and footwearaccessories

2,668,890 12/31/2002 025 Shirts, t-shirts, tank tops,jerseys, sweatshirts,sweatpants, hoodedpullovers, shorts, pants,caps, hats, visors,headbands, wristbands,jackets, athletic and casualfootwear

N^WPOfflk-

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2,666,379 12/24/2002

1,040,116 5/25/1976

025

025

Shirts, t-shirts, tank tops,jerseys, sweatshirts,sweatpants, hoodedpullovers, shorts, pants,caps, hats, visors,headbands, wristbands,jackets, athletic and casualfootwear

Wearing apparel - namely,sports footwear

Copies of the registration certificates for the Pony Trademarks are attached hereto as Exhibit A.

10. The foregoing registrations of the PONY Trademarks are valid, subsisting and are

in full force and effect.

11. The following registrations of the PONY Trademarks have become incontestable

under 15 U.S.C. § 1065: 1,286,085; 2,899,929; 1,286,086; 1,193,225; 2,899,930; 1,224,322;

2,666,380; 2,668,890; 2,666,379; and 1,040,116.

12. The PONY Trademarks have long been used by PONY and its licensees in

connection with the manufacture and distribution of various types of products and services,

including but not limited to footwear and apparel, throughout the United States.

13. As a result of PONY's and its licensees' exclusive and extensive use and

promotion, the PONY Trademarks have acquired enormous value and recognition in the United

States and throughout the world. The PONY Trademarks are well-known to the consuming

public and trade as identifying and distinguishing PONY and its licensees exclusively and

uniquely as the source and origin of the high quality merchandise to which they are applied.

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DEFENDANTS' WRONGFUL ACTS

14. Wiesner, without the consent of PONY, has manufactured, advertised, distributed,

offered for sale and/or sold in interstate commerce, socks bearing counterfeits and infringements

of the PONY Trademarks.

15. Haddad, without the consent of PONY, has advertised, distributed, offered for

sale and/or sold in interstate commerce, socks bearing counterfeits and infringements of the

PONY Trademarks.

16. L&S, the exclusive licensee of the PONY Trademarks, as of June 13, 2013, has

had the exclusive right to use the marks in commerce, and has never authorized or consented to

Defendants' use of the PONY Trademarks or any reproduction, counterfeit, copy or colorable

imitation thereof.

17. Wiesner was a former licensee for PONY.

18. Wiesner's license to manufacture and distribute products bearing the PONY

Trademarks expired as of December 31, 2012.

19. Pursuant to an agreement with PONY, Wiesner was given until May 31, 2013 to

sell-off any inventory in its possession as of December 31, 2012.

20. After the expiration of its license with PONY, Wiesner ordered and caused to be

manufactured socks bearing the PONY Trademarks. These socks bore counterfeits and

infringements of the PONY Trademarks. Wiesner then advertised, distributed, offered for sale

and/or sold in interstate commerce the socksbearing counterfeits and infringements of the

PONY Trademarks.

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21. Additionally, prior to the expiration of its license with PONY, Wiesner ordered

socks bearing the PONY Trademarks, but did not receive those socks - and knew that it would

not receive those socks - until after the expiration of the license agreement. Those socks were

not in Wiesner's inventory as of December 31, 2012 and was not within the purview of the

permitted sell-off. Those socks bore counterfeits and infringements of the PONY Trademarks.

Wiesner then advertised, distributed, offered for sale and/or sold in interstate commerce the

socks bearing counterfeits and infringements of the PONY Trademarks.

22. Wiesner sold the socks bearing counterfeits and infringements of the PONY

Trademarks to Haddad, among others.

23. Haddad re-sold the socks bearing counterfeits and infringements of the PONY

Trademarks to Duane Reade and others.

24. Socks bearing counterfeits and infringements of the PONY Trademarks have been

advertised, distributed, offered for sale and/or sold at Duane Reade's New York retail stores as

recently as July 2014.

25. The acts of Defendants in manufacturing, advertising, distributing, offering for

sale and/or selling in interstate commerce goods bearing infringements and counterfeits of the

PONY Trademarks (a) are likely to cause confusion and mistake among the consuming public

that such goods originate with PONY and/or L&S, (b) are likely to cause confusion and mistake

among the consuming public that there is some affiliation, connection or association of

Defendants with PONY and/or L&S, and (c) are likely to cause confusion and mistake among

the consuming public that such goods are being offered to the consuming public with the

sponsorship or approval of PONY and/or L&S.

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26. Defendants manufactured, advertised, distributed, offered for sale and/or sold

such goods knowing that the goods bore infringements and counterfeits of the PONY

Trademarks, or willfully ignored whether the goods bore infringements and counterfeits of the

PONY Trademarks. Defendants engaged in a deliberate effort to cause confusion and mistake

among the consuming public as to the source, affiliation and/or sponsorship of said goods, and to

gain to Defendants the benefit of the enormous goodwill associated with the PONY Trademarks.

FIRST CLAIM FOR RELIEF

(FEDERAL TRADEMARK COUNTERFEITING)

27. Plaintiffs repeat and reallege each and every allegation set forth in Paragraphs 1

through 26 above as if fully set forth herein.

28. The PONY Trademarks, as they are being used by Defendants, are identical to or

substantially indistinguishable from the registered PONY Trademarks. Accordingly, Defendants

have engaged in trademark counterfeiting in violation of 15 U.S.C. § 1114.

29. Such conduct on the part of Defendants has allowed Defendants to wrongfully

profit and has injured Plaintiffs in an amount to be determined at trial and has caused and

threatens to cause irreparable injury to Plaintiffs, for which Plaintiffs have no adequate remedy at

law.

SECOND CLAIM FOR RELIEF

(FEDERAL TRADEMARK INFRINGEMENT)



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31. Defendants' use of the PONY Trademarks, without Plaintiffs' consent, constitutes

trademark infringement in violation of 15 U.S.C. § 1114, in that, among other things, such use is

likely to cause confusion, deception and mistake among the consuming public and trade as to the

source, approval and/or sponsorship of the goods bearing counterfeits and infringements of the

PONY Trademarks.




law.

THIRD CLAIM FOR RELIEF

(FEDERAL FALSE DESIGNATION OF ORIGIN, FALSE ADVERTISING AND

UNFAIR COMPETITION)



34. Defendants' use of the PONY Trademarks, without Plaintiffs' consent, constitutes

the use of false or misleading designations of origin and/or the making of false or misleading

representations of fact and/or false advertising in commercial advertising or promotion, and/or

unfair competition, in violation of 15 U.S.C. § 1125(a), in that, among other things, such use is

likely to cause confusion, deception and mistake among the consuming public and trade as to the

source, approval or sponsorship of the goods distributed, sold and offered for sale by Defendants

bearing counterfeit and infringing PONY Trademarks.



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law.

FOURTH CLAIM FOR RELIEF

(COMMON LAW TRADEMARK INFRINGEMENT AND UNFAIR COMPETITION)



37. The aforementioned acts of Defendants constitute trademark infringement and

unfair competition in violation of the common law of the State of New York.




law.

FIFTH CLAIM FOR RELIEF

(N.Y. GENERAL BUSINESS LAW § 349)



40. The aforementioned acts of Defendants constitute deceptive acts and practices,

and cause consumer injury. These aforementioned acts of Defendants not only harm Plaintiffs,

but also harm the public interest, in violation of New York General Business Law § 349.



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law.

DEMAND FOR JURY TRIAL

Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiffs hereby demand

a trial by jury of all claims in this litigation.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs demand judgment as follows:

1. Permanently enjoining and restraining Defendants, their respective subsidiaries,

affiliates, divisions, officers, directors, principals, servants, employees, successors and assigns,

and all those in active concert or participation with them, from:

(a) imitating, copying or making unauthorized use of the PONY Trademarks;

(b) manufacturing, importing, exporting, distributing, circulating, selling,

offering for sale, advertising, promoting or displaying any goods bearing any unauthorized

reproduction, copy, counterfeit or colorable imitation of the PONY Trademarks;

(c) using any unauthorized colorable imitation of the PONY Trademarks in

connection with the manufacture, promotion, advertisement, display, sale, offering for sale,

production, import, export, circulation or distribution of any goods in such manner as to relate or

connect, or tend to relate or connect, such goods in any way with Plaintiffs or to any goods sold,

sponsored, approved by, or connected with Plaintiffs;

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(d) engaging in any other activity constituting unfair competition with

Plaintiffs, or constituting an infringement of the PONY Trademarks or of Plaintiffs' rights in, or

right to use or exploit such trademarks;

(e) making any statement or representation whatsoever, with respect to the

infringing and counterfeit goods at issue, that falsely designates the origin of the goods as those

of Plaintiffs, or that is false or misleading with respect to Plaintiffs; and

(f) engaging in any other activity, including the effectuation of assignments

or transfers of its interests in unauthorized colorable imitations of the PONY Trademarks, the

formation of other corporations, partnerships, associations or other entities or the utilization of

any other devices, for the purposeof circumventing, evading, avoiding or otherwise violating the

prohibitions set forth in subsections 1(a) through 1(e) above.

2. Directing Defendants to (a) quarantine, preserve, not alter and allow for further

inspection, sampling and photographing of any and all inventories of the identifiedPONY

products during the course of the action; (b) recall through individual customer and store

notifications the identified infringing and counterfeit goods at issue; and (c) deliver for

destructionall goods, labels, tags, artwork, prints, signs, packages, dyes, plates, molds, matrices

and any other meansof production, wrappers, receptacles and advertisements in their possession,

custody or control bearing any unauthorized reproductions, copies, or colorable imitations of the

PONY Trademarks or any marks or designs confusingly similar thereto, either individually or in

conjunction with other words, marks or designs.

3. Directing such other relief as the Court may deem appropriate to prevent the trade

and public from deriving any erroneous impression that any product at issue in this case that has

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been offered for sale, sold or otherwise circulated or promoted by Defendants is authorized by

Plaintiffs, or is related to or associated in any way with Plaintiffs' products.

4. Requiring Defendants to account and pay over to Plaintiffs, all profits realized by

their wrongful acts and directing that such profits be enhanced due to, inter alia, Defendants'

willful actions.

5. Awarding Plaintiffs damages for the injuries sustained by Plaintiffs and directing

that such damages be trebled due to, interalia, Defendants' willful actions.

6. Awarding Plaintiffs, at their election, statutory damages in the amount of

$2,000,000per mark for each type of good in connection with which Defendants used

counterfeits of the PONY Trademarks.

7. Awarding Plaintiffs their costs and reasonable attorneys' and investigatory fees,

expenses, costs, together with pre-judgment interest.

8. Directing that this Court retain jurisdiction of this action for the purpose of

enabling Plaintiffs to apply to the Court at any time for such further orders and interpretation or

execution of any order entered in this action, for the modification of any such order, for the

enforcement or compliance therewith and for the punishment of any violations thereof.

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9. Awarding Plaintiffs such other and further reliefas the Court may deem just and

proper.

Dated: December 22, 2014New York, New York

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14

Respectfully submitted,ARCHER & GREINER, P.C.

By:PatpM^Papalia (PP-2059)pcfjtpalia(5),archerlaw.com

Main Street, Suite 353-SCourt Plaza South, West WingHackensack, New Jersey 07601Tel. (201) 342-6000Fax:(201)342-6611

Attorneys for Plaintiffs,Pony, Inc. and Anthony L&SAthletics, LLC

Documents

Pony v. Anthony L&S Athletics