Walker v. Carter (Roc-A-Fella Logo Complaint)

7/22/2019 Walker v. Carter (Roc-A-Fella Logo Complaint)

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JS44C/SDNY

REV. 7/2012

JUDGE KE12 CiV

CIVIL COVER SHEET

The JS-44 civil cover sheet and the informationcontained herein neither replace nor supplement the filing and service ofpleadings orotherpapersas required by law, except as provided by local rules of court. This form, approved bytheJudicialConferenceof the UnitedStates inSeptember 1974, is requiredfor use of the Clerkof Courtforthe purpose ofinitiating the civildocket sheet.

fc7

PLAINTIFFS

DWAYNE D. WALKER, JR .

DEFENDANTS

SHAWN CARTER ( JAY-Z ), DAMON DAME DASH, KAREEM BIGGSBURKE,UNIVERSAL MUSICGROUP, INC., ISLAND DEF JAMMUSICGROUP, ROC-A-FELLA RECORDS, LLC

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER

LAW FIRM OF GREGORY BERRY450 SEVENTH AVENUE SUITE 1608

NEW YORK, NEWYORK 10123

ATTORNEYS (IF KNOWN)

CAUSE OFACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENTOF CAUSE)(DONOTCITE JURISDICTIONAL STATUTESUNLESSDIVERSITY)

17 U.S.C. s. 101, copyright infringement of plaintiffs Original Roc Logo, and common-law breach of contract

Hasthis ora similar casebeenpreviously filed in SDNY at anytime? No |x] Yes JudgePreviously Assigned

If yes, wasthis case Vol. Invol. f j Dismissed. No Q Yes If yes, give date. & Cas e No .

IsTHIS N INTERNATIONAL ARBITRATION CASE? No £3 YeS Q

PLACEAN[x] INONEBOXONLY

TORTS

NATURE OF SUIT

ACTIONS UNDER STATUTES

CONTRACT PERSONAL INJURY PERSONAL INJURY FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

[ ] 110 INSURANCE [ J 310 AIRPLANE [ ] 362 PERSONAL INJURY- 1)610 AGRICULTURE [ ]422 APPEAL [ ]400 STATE

[ ]120 MARINE I ]315 AIRPLANE PRODUCT MED MALPRACTICE [ ]620 O TH ER FO O D & 28 US C 15 8 REAPPORTIONMENT

[ ]130 MILLER ACT LIABILITY [ ] 365 PERSONAL INJURY DRUG [ ]423 WITHDRAWAL [ ]410 ANTITRUST

[ ]140 NEGOTIABLE [ ]320 ASSAULT. LIBEL & PRODUCT LIABILITY [ ]625 DRUG RELATED 28 USC 1 57 [ ]430 BANKS & BANKING

INSTRUMENT SLANDER [ ]368 ASBESTOSPERSONAI SEIZURE O F [ ]450 COMMERCE

[ ]150 RECOVERYOF [ J 330 FEDERAL INJURY PRODUCT PROPERTY [ ]460 DEPORTATION

OVERPAYMENT & EMPLOYERS' LIABILITY 21 US C 88 1 PROPERTY RIGHTS [ ]470 RACKETEER INFLU

ENFORCEMENT LIABILITY [ J 630 LIQUOR LAWS ENCED & CORRUPT

OF JUDGMENT [ ]340 MARINE PERSONAL PROPERTY 1 640 RR & TRUCK 6^820 COPYRIGHTS ORGANIZATION ACT

( ] 1 51 MEDICARE ACT [ ]345 MARINE PRODUCT [ ]650 AIRLINE REGS [ ]830 PATENT (RICO)

[ 1152 RECOVERY OF LIABILITY [ ] 3 70 OTHER FRAUD [ J 660 OCCUPATIONAL [ ] 840 TRADEMARK [ ] 480 CONSUMER CREDIT

DEFAULTED [ ]350 MOTOR VEHICLE [ ] 371 TRUTH INLENDING SAFETY/HEALTH [ ]490 CABLE/SATELLITE TV

STUDENT LOANS [ ]355 MOTOR VEHICLE [ ] 380 OTHER PERSONAL [ ]690 OTHER [ ]810 SELECTIVE SERVICE

(EXCLVETERANS) PRODUCT LIABILITY PROPERTY DAMAGE SOCIAL SECURITY [ ]850 SECURITIES/

[ ]153 RECOVERY OF [ ]360 OTHER PERSONAL [ ] 385 PROPERTYDAMAGE COMMODITIES/

OVERPAYMENT INJURY PRODUCT LIABILITY LABOR [ ]861 HIA(1395ff) EXCHANGE

OF VETERAN'S [ ] 862 BLACKLUNG(923) [ ]875 CUSTOMER

BENEFITS [ ]710 FA IR LABOR [ ]863 DIWC/DIWW (405(g)) CHALLENGE

1)160 STOCKHOLDERS STANDARDSACT [ ]864 SSID TITLEXVI 12 US C 3410

SUITS [ ]720 LABOR/MGMT [ ]865 RSI (405(9) ) ( )890 OTHER STATUTORY

[ ]190 OTHER PRISONER PETITIONS RELATIONS ACTIONS

CONTRACT [ 730 LABOR/MGMT 1 1891 AGRICULTURALACTS

[ ]195 CONTRACT [ ]510 MOTIONS TO REPORTING & FEDERAL TA X SUITS [ ]892 ECONOMIC

PRODUCT ACTIONS UNDER STATUTES VACATE SENTENCE DISCLOSUREACT STABILIZATION ACT

LIABILITY 20 US C 2255 [ )740 RAILWAY LABOR ACT [ ]870 TAXES (U.S. Plaintiffor [ ]893 ENVIRONMENTAL

I 1196 FRANCHISE CIVIL RIGHTS [ ] 5 30 HABEASCORPUS [ ]790 OTHER LABOR Defendant) MATTERS

[ ] 535 DEATHPENALTY LITIGATION [ ] 871 IRS-THIRDPARTY [ ]894 ENERGY

[ ]441 VOTING [ ] 540 MANDAMUS&OTHER [ ]791 EMPL RE T INC 26 US C 7609 ALLOCATION ACT

[ ]442 EMPLOYMENT SECURITY ACT [ ]895 FREEDOM OF

REAL PROPERTY [ ]443 HOUSING/INFORMATION ACT

ACCOMMODATIONS IMMIGRATION [ ]900 APPEAL OF F E E

[ ]210 LAND [ J 44 4 WELFARE PRISONER CML RIGHTS DETERMINATION

CONDEMNATION [ ]445 AMERICANS WITH [ ]462 NATURALIZATION UNDER EQUAL

[ )220 FORECLOSURE DISABILITIES - [ ] 550 CIVILRIGHTS APPLICATION ACCESS TO JUSTICE

[ ]230 RENT LEASE & EMPLOYMENT [ ] 555 PRISON CONDITION [ ]463 HABEAS CORPUS- [ ]950 CONSTITUTIONALITY

EJECTMENT [ ]446 AMERICANS WITH ALIEN DETAINEE OF STATE STATUTES

[ ]240 TORTSTO LAND DISABILITIES -OTHER [1465 OTHER IMMIGRATION

[ ]245 TORT PRODUCT

LIABILITY

[ ]440 OTHER CIVIL RIGHTS

(Non-Prisoner)

ACTIONS

[ ]290 ALL OTHER

REAL PROPERTY

heckif demanded in complaint:

CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C.P. 23

EM N OTHER

Check YES only ifdemandedin complaint

JURYDEMAND: S YES NO

DOYOU CLAIMTHIS CASE IS RELATED TO A CIVILCASE NOW PENDING INS.D.N.Y.?

IF SO , STATE:

JU GE DOCKET NUM ER

NOTE: Please submitat the time offiling an explanation ofwhycases are deemed related.



PLACEAN x INONEBOX ONLY

131 Original fj 2 Removed fromProceeding state Court

ORIGIN

| | 3 Remanded I—I 4 Reinstated or [ | 5 Transferred from 6 Multidistrictfrom Reopened (Specify District) Litigation

a. all parties represented Appellate1—' Court

I I b. Atleastoneparty is pr o se .

I I 7 Appeal toDistrictJudge from

Magistrate Judge

Judgment

PLACEAN x INONEBOXONLY BAS IS OF JURISDICTION

1 U.S. PLAINTIFF 2 U.S. DEFENDANT [X] 3 FEDERAL QUESTION D4 DIVERSITY(U.S. NOT A PARTY)

IFDIVERSITY, INDICATE

CITIZENSHIP ELOW

28 USC 1332, 1441)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITYCASES ONLY)

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

CITIZEN OF TH IS STATE

PT F DE F

[ ]1 [ H CITIZEN O R S UB JE C T O F A

FOREIGN COUNTRY

PT F DE F

[ ]3 [ ]3

PT F DEF

INCORPORATED an d PRINCIPAL PLACE [ ] 5 [ ] 5

OF BUSINESS IN ANOTHER STATE

CITIZEN OF ANOTHER STATE [ ] 2 [ ] 2 INCORPORATED or PRINCIPAL P LACE [ ] 4 [ ] 4

OF BUSINESS IN THIS STATE

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

DWAYNE D. WALKER, JR .2805 DEWEY AVE., APT. 5E

BRONX, NY 10465

FOREIGN NATION

DEFENDANT(S) ADDRESS(ES) ANDCOUNTY(IES)

UNIVERSAL MUSIC GROUP, INC., c/o CT CORP. SYSTEM, 111 8th AVE., NY, NY 10011ISLAND DEF JAM MUSIC GROUP, c /o CT CORP. SYSTEM, 111 8th AVE., NY, NY 10011

ROC-A-FELLA RECORDS, LLC, c/o CT CORP. SYSTEM, 111 8th AVE., NY, NY 10011

[ ]6 [ ]6

DEFENDANT(S) ADDRESS UNKNOWNREPRESENTATION IS HEREBY MADETHAT, ATTHIS TIME, I HAVEBEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN THE

RESIDENCE ADDRESSES OF TH E FOLLOWING DEFENDANTS:

SHAWN CARTER ( JAY-Z )DAMON DAME DASH

KAREEM BIGGS BURKE

Check one: THIS ACTION SHOULD BE ASSIGNED TO: WHITE PLAINS |X| MANHATTAN(DONOTcheck either box ifthis a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.)

DATE 7/12/2012 SIGNATUREOF EY OF RECORD ADMITTED TO PRACTICE IN THIS DISTRICT

[ ] NON YES (DATE ADMITTED Mo. £7 Yr. 2011 )AttorneyBar Code gb2730 (NY Bar 4960845)ECEIPT

M BMagistrate Judge is to be designated by the Clerk oflt|jj y 4JV iJV'u • i J

Magistrate Judge is so Designated.

Ruby J. Krajick, Clerk of Court by. Deputy Clerk, DATED

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)



JUDGE RTER

,12 cwNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YO

^384

DWAYNE D. WALKER, JR.,

Plaintiff,

SHAWN CARTER ( JAY-Z ), DAMON

DAME DASH, KAREEM BIGGS

BURKE, UNIVERSAL MUSIC GROUP, INC.,

ISLAND DEF JAM MUSIC GROUP,

ROC-A-FELLA RECORDS, LLC,

Defendants.

Cas e N o.

COMPLA INT AND

DEMAND FOR JURY TR IA L

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Plaintiff Dwayne D. Walker, Jr., by and through his counsel Gregory S. Berry, Esq., a^

andforhis complaint against the defendants ShawnCarter(knownprofessionally as Jay-Z ),

Damon Dame Dash,Kareem Biggs Burke,UniversalMusicGroup ( UMG ), IslandDef

Jam Music Group ( IDJ ), and Roc-A-Fella Records, alleges as follows:

NATURE OF ACT ION

1. This action for damages,declaratory relief, and permanent injunctive relief is brought

bytheplaintiffpursuant to theCopyright Act, 17U.S.C. § 101 et seq., and common-law breach

o f contract.

PART IE S

2. PlaintiffDwayne Walkeris a naturalpersoncurrently residingin Bronx,New York.

3. Upon information andbelief, defendant ShawnCarter,knownprofessionally as Jay-

Z, is a naturalpersoncurrently residing inNewYork,NewYork, and doing businessin New

York, New York.

4. Upon information and belief, defendant Damon Dame Dash is a naturalperson

currently residing inNewYork,New York,anddoingbusiness inNewYork, New York.

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5. Upon information and belief, defendant Kareem Biggs Burke is a natural person

currently residing inNew York, New York, and doing business in New York, New York.

6. Upon information and belief, defendant Universal Music Group, Inc., is a Delaware

corporationregisteredwith theNew York Secretaryof State as a foreign business corporation.

7. Upon information and belief, defendant Island Def Jam Music Group, a division of

UMG, is a Delawarecorporation,registeredwith the New York Secretaryof State as a foreign

business corporation.

8. Upon information and belief, defendant record label Roc-A-FellaRecords,LLC, is a

New York limited liability company. Upon information and belief, Roc-A-Fella Records is a

subsidiary ofUMG, and is distributed by IDJ.

JURI SD IC T ION AND VENUE

9. This Court has subject-matterjurisdiction over the first claim in this action pursuant

to 28 U.S.C. §§ 1331 & 1338because it arises under a federal statute, the Copyright Act, 17

U.S.C. §101 etseq

10. This Court has supplemental jurisdiction over the second claim in this action pursuant

to 28U.S.C. § 1367, because it is so related to the claim within the original jurisdiction of this

Court that they formpart of the samecase or controversywithin the meaning ofArticle IIIof the

Uni ted S tat e s Consti tut ion.

11. Upon information and belief, venue is proper in this District pursuant to 28 U.S.C.

§§ 1391 & 1400.

S TATEMENT OF FACTS

12. In or around August 1995, a coworker ofplaintiffDwayne Walker's, David

( Everlast ) Sierra, introducedhim to defendant Damon Dash, who was a long-time friendof

Sierra 's .



13. Plaintiff soon thereafter beganworking for April Walker, owner ofWalkerWear, a

well-known urban clothing line. During this time,defendant Dash, alongwithdefendants Carter

and Burke, were putting together what would become Roc-A-Fella Records. AsDash andthe

plaintiff became better acquainted, theplaintiff accompanied and assisted Dash with several

matters relating tothe record label. The plaintiffassisted Dash in purchasing sewing machines

withwhichto createsamples for a Roc-A-Fella clothing line, andplaintiffwas presentwhen

Roc-A-Fella first tookpossession of its WallStreetoffice. At that time, the plaintiff and Dash

livednear eachother,and theybecameclose enoughsocially that the plaintiffwas frequently a

guest inDash'sapartment, andtheplaintiffs girlfriend even looked afterDash's sononat least

one occasion.

14. In or aroundNovember 1995, the plaintiff sawwhat Dash had in mind for the Roc-A-

Fella logo, andtoldDashhe could do better. Innegotiating withDash, theplaintiffasked for 5%

royalty onRoc-A-Fella revenues. Dash feltthatwastoohigh, andtheyeventually agreed to 2%.

Theplaintiffthen entered intoa Contract withdefendants Carter, Dash, Burke, andRoc-A-Fella

Records (collectivelythe RAF Defendants ) to create a logo for the nascent record company.

15. Under the settled terms of the Contract, the plaintiffwould design a logo for the Roc-

A-Fella record label and license the artwork to the RAF Defendants. Upon approval of the logo,

the RAFDefendantswould pay the plaintiff $3500 cash, and subsequently2% of all revenues

madefrom the sale of items(records, merchandise, marketing materials, other items)bearingthe

logofor ten yearsafter the first yearof use, payable at the end of that period.

16. In or aroundDecember 1995, the plaintiff, a United States citizen, created a work of

visual art entitled Original Roc Logo (the Artwork ).

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17. Thisvisual Artwork is an original workthat maybe copyrighted underUnitedStates

law. A copyof the Artworkis attached asExhibitA.

18. Inor around December 1995, the plaintiffinformed defendant Dashhe hadcompleted

theArtwork. Dash metthe plaintiff in the lobby ofplaintiffs apartment building andapproved

thedesign onbehalfof theRAF Defendants. However, Dash didnothave the cash payment

withhim at that time. Plaintiff met with Dashagain at D&D Studios (wheredefendant Carter—

Jay-Z—in the coming months would record his first hip-hop album, Reasonable Doubt, under

theRoc-A-Fella record label, bearing a logo virtually identical to theplaintiffs Artwork). Dash

paid theplaintiff 3500, andtheplaintiffdelivered toDash a hard copy ofhisArtwork.

19. The defendantshave used the Artwork,with only slight and insignificant changes (the

Logo ), continuously since 1996 on records i.e., CDs andothersound recordings),

merchandise, marketing materials, andelsewhere underthe Roc-A-Fella Records label, andare

still doing so today. A printout oftheRoc-A-Fella website (http://www.rocafella.com, accessed

July 6, 2012) with the infringing Logo prominently displayed, is attached asExhibit B. (A

detailed image of the infringing Logo is attached asExhibitC.) TheLogohasbecome

universally recognized asan iconic symbol of Jay-Z (defendant Shawn Carter), oneof themost

successful recording artists in the history of popularmusic. (Jay-Z hashad 11 number one

albums to date, surpassing Elvis Presley as the solo act withthemostNo. 1 albums of all time. )

20. Since the creation of the Artwork in 1995, the plaintiff has remained the sole owner

of the copyright in compliance with the copyright laws.

21. Per the Contractbetweenthe parties,the paymentof the 2% royalty was due at the

end o f 2006.

http://www.billboard.comycolumn-chartbeat/1004013732.story, accessed July9, 2012.



22.Upon information andbelief, through2006 the defendants' salesof productsbearing

the Logo have been in excess of $350 million.

23. Nonetheless the defendants have failed to pay the plaintiffhis contractual 2% royalty

of at l ea st 7 million.

24. The statute of limitations for breach of contract in the State ofNew York is six years

(N.Y. C.P.L.R. § 213), so this action is timely.

25. Alternatively, the defendants infringed on the copyright by selling records and other

merchandise labeled with the infringingLogo. The defendantshave infringed on the plaintiffs

copyright continuously since 1996, and are still doing so today.

26. The plaintiffhas notified the defendants in writing of the infringement.

27. The defendants continue to infringe the copyright by continuing to publish and sell

CDs and other merchandise with the infringing Logo prominently displayed, and further have

engaged in unfairtradepractices andunfaircompetition in connection withtheirpublication and

sale of the infringing merchandise, thus causing irreparable damage.

28. InMarch 2010, the plaintiff applied to the copyright office and received a certificate

of registrationdatedApril 22, 2010, and identified as VAu001040257/ 2010-04-22.

FIRST CAUSE OF ACT ION

Copyright Infringement)

29. The plaintiff repeats and reasserts the allegations in paragraphs 1 through 28 as

though fully set forth herein.

30. In or around December 1995, the plaintiff, a United States citizen, created an Artwork

entitled Original RocLogo, whichis an original work thatmaybe copyrighted underUnited

States law see Exh. A).



31. From that time, theplaintiffhasremained the soleownerof the copyright in

compliance with the copyright laws.

32. Thedefendants acquired theArtwork directly from theplaintiff, andhave infringed

the copyright bypublishing and selling records, merchandise, marketing materials, and other

items bearing a Logo which is copied directly from theplaintiffs Artwork, with only

insignificant changes see Exh. C).

33.InMarch 2010,the plaintiffapplied to the copyright officeand received a certificate

of registration datedApril22, 2010, and identified asVAu001040257 / 2010-04-22.

34.Theplaintiffhas notifiedthe defendants inwritingof the infringement.

35.Thedefendants continue to infringe the copyright by continuing to publish and sell

items with the infringing Logo in violation ofthecopyright, andfurther have engaged in unfair

trade practices and unfair competition in connection with its sale ofthe infringing items, thus

causing irreparable damage.

SECOND CAUSE OF ACT ION

Breach of Contract)

36.Theplaintiffrepeats andreasserts the allegations in paragraphs 1 through 35 as

though fully set forth herein.

37. In or aroundNovember 1995, the plaintiff and the RAF Defendantsentered into a

Contract .

38.TheContract contained promises andconsideration byeachpartyto the other.

39. Pursuantto the Contract, the plaintiff agreedto designArtworkto license for use as a

logo for Roc-A-Fella Records.

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40. TheRAF Defendants agreed, in return, to pay the plaintiff$3500in cash,plus2%of

revenues generated bythe sale of records and other items bearing theplaintiffsArtwork, due ten

years after the first year ofuse of the Artwork.

41.Theplaintiffperformed his obligations under theContract, delivering to defendant

Dash the Artwork, which Dash approved on behalfof the RAF Defendants.

42.Dashpaidtheplaintiff 3500 in cashupondelivery of theArtwork. However, the

defendants have failed to paythe2%royalty payment thatwasdue to the plaintiffat the endof

2006 .

43.Theplaintiffhas beendamaged bythedefendants' breach of contract in an amount to

be determined at trial, but not less than $7 million.

PRAYER FOR REL IEF

WHEREFORE, the plaintiffrespectfully demands that:

(a) until this case is decided, the defendants and the defendants' agentsbe enjoinedfrom

disposing ofanycopies ofthe infringing records or anyotherinfringing merchandise bysaleor

otherwise;

(b) the defendants accountfor and pay as damages to the plaintiff all profits and

advantages gained from unfairtradepractices andunfaircompetition in sellingthe defendants'

records andmerchandise bearing the infringing Logo, andall profitsandadvantages gained from

infringing theplaintiffs copyright (butno lessthanthe statutory minimum whereapplicable);

(c) the defendantsdeliver for impoundment all copies of the records and other

merchandise in the defendants' possessionor controland deliver for destruction all infringing

copies and all plates, molds, and other materials for making infringingcopies;

(d) the defendants pay compensatorydamagesfor breachof the Contract in an amount to

be determined at trial , but no less than $7 million.



(e) the defendantspay the plaintiffs interest, costs, and reasonable attorney's fees; and

(f) the plaintiff be awarded any other such further reliefas the Court deems just and

proper.

DEMAND FOR JURY TR IAL

Plaintiff respectfully demands a trial byjury for all issues so triable in this action.

Dated: July 12, 2012

New York, New York

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Respectfully submitted,

LAW OFFICE OF GREGORY BERRY

By:

450 Seventh Avenue, Suite 1608

New York, New York 10123

(646) 380-8115 phone

(646) 514-5827 facsimile

[email protected]

Attorneyfor Plaintiff



EXHIB IT A



Original Roc Logo designed by Plaintiff DwayneWalker



EXHIB IT B



cafella website.JPG (JPEG Image, 839 x 591 pixels) file:///C:/Documents and Settings/Gregory Berry/My Documents/Cl

o f l 7 / 5/ 2012 7 : 3



EXHIBIT C



ROCAFELLAR E CO RD S

Infringing Logo used by Roc A Fella Records since 996