This case was last updated from U.S. District Courts on 12/02/2021 at 06:54:38 (UTC).

Havas Worldwide New York, Inc. v. Crossborder Transactions LLC

Case Summary

On December 1, 2021, Havas Worldwide New York, Inc. (“Havas” or “Plaintiff”), represented by Thomas James Schell of Bryan Cave Leighton Paisner, LLP, filed an intellectual property lawsuit against CrossBorder Transactions LLC, d/b/a CrossBorder Solutions (“CrossBorder” or “Defendant”), seeking declaratory and injunctive relief, along with damages and prejudgment and post-judgment interest, for the alleged violations of federal copyright law by intentionally copying, distributing, and displaying Havas’s copyrighted works without authorization and at the expense of Havas. This case was filed in the U.S. District Court in the Southern District of New York. 

 

In the complaint, Plaintiff alleged that, “Havas is a world leader in creative advertising with the world’s most integrated advertising and communications business. CrossBorder provides tax solutions for transfer pricing, research and development credits, and tax provision.”

 

Plaintiff further alleged that, “CrossBorder engaged Havas’s creative teams to redefine CrossBorder’s brand and create a new communications plan, website design, and creative sales content. The parties agreed that all copyrights in the materials created by Havas would be owned and controlled by Havas until delivered and paid for by CrossBorder. At CrossBorder’s request, Havas agreed to perform the work for a fixed fee, and to spread the fixed-fee payments out over a twelve-month period. After Havas delivered the creative content, however, CrossBorder failed to make the required payments. Instead, CrossBorder began intentionally copying, distributing, and displaying Havas’s copyrighted works without authorization to launch its new brand.”

 

Plaintiff lists out four claims for relief. The first claim is for Copyright Infringement under 17 U.S.C. § 101, et seq. The second claim is for breach of contract. The third claim is for account stated, and the fourth claim is for unjust enrichment. Plaintiff also alleged that CrossBorder, with full knowledge of Havas’s copyrights in the Manifesto Video has infringed Havas’s copyrights. Specifically, CrossBorder allegedly infringed Havas’s exclusive rights to copy, display, and control distribution of the Manifesto Video, including by posting the work to CrossBorder’s website without Havas’s permission, license, or consent. CrossBorder’s alleged unlawful conduct was willful. CrossBorder allegedly had actual and/or constructive knowledge that its conduct was unlawful and in violation of Havas’s copyrights. CrossBorder allegedly acted intentionally and in reckless disregard of Havas’s copyrights. 

 

In the prayer for relief, Plaintiff requested the court to pass a judgment that Defendant’s infringement of Havas’s work was intentional and willful and require CrossBorder to pay Havas such damages in an amount of no less than $1,865,971.95 along with prejudgment and post-judgment interest, and enjoin CrossBorder from further infringing upon Havas’s copyrights. Further, Plaintiff requested the court to require CrossBorder to deliver up for destruction all products, and other material bearing imitations, including confusingly similar variations, of Havas’s copyrights. Plaintiff also requested for attorney’s fees, expenses, costs of suit as allowed by law and such other and further relief the court deems proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    7:21-CV-10227

  • Filing Date:

    12/01/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Copyright

 

Party Details

Plaintiff

Havas Worldwide New York, Inc.

Defendant

Crossborder Transactions LLC

Attorney/Law Firm Details

Plaintiff Attorney

Thomas James Schell

Attorney at Bryan Cave Leighton Paisner LLP

1290 Avenue Of Americas

New York, NY 10104

 

Court Documents

1 #1

Main Document

1 #1

Exhibit 1 Agreement

1 #2

Exhibit 2 02/25/2021 Change Order

1 #3

Exhibit 3 Invoices

1 #4

Exhibit 4 Havas Letter Dated 10/29/2021

1 #5

Exhibit 5 Certificate of Registration

#2

(#2) CIVIL COVER SHEET filed..(Schell, Thomas) (Entered: 12/01/2021)

#3

(#3) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Vivendi SE for Havas Worldwide New York, Inc.. Document filed by Havas Worldwide New York, Inc...(Schell, Thomas) (Entered: 12/01/2021)

#4

(#4) REQUEST FOR ISSUANCE OF SUMMONS as to CROSSBORDER TRANSACTIONS LLC, re: #1 Complaint,. Document filed by Havas Worldwide New York, Inc...(Schell, Thomas) (Entered: 12/01/2021)

 

Docket Entries

  • 12/01/2021
  • View Court Documents
  • Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS as to CROSSBORDER TRANSACTIONS LLC, re: #1 Complaint,. Document filed by Havas Worldwide New York, Inc...(Schell, Thomas) (Entered: 12/01/2021)

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  • 12/01/2021
  • View Court Documents
  • Docket(#3) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Vivendi SE for Havas Worldwide New York, Inc.. Document filed by Havas Worldwide New York, Inc...(Schell, Thomas) (Entered: 12/01/2021)

    Read MoreRead Less
  • 12/01/2021
  • View Court Documents
  • Docket(#2) CIVIL COVER SHEET filed..(Schell, Thomas) (Entered: 12/01/2021)

    Read MoreRead Less
  • 12/01/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Crossborder Transactions LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25408631)Document filed by Havas Worldwide New York, Inc.. (Attachments: #1 Exhibit 1 Agreement, #2 Exhibit 2 02/25/2021 Change Order, #3 Exhibit 3 Invoices, #4 Exhibit 4 Havas Letter Dated 10/29/2021, #5 Exhibit 5 Certificate of Registration).(Schell, Thomas) (Entered: 12/01/2021)

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