INDEX NO. 650981/2019

FILED: NEW YORK COUNTY CLERK 02/14/2019 06:19 PM
NYSCEF DOC. NO. 2

RECEIVED NYSCEF: 02/14/2019

SUPREME

COURT

OF THE

COUNTY

OF NEW

OF NEW

STATE

YORK

YORK

-------------------------------------------

----x

GLOBAL

STATE

STREET

TRUST

COMPANY,

ADVISORS

a Massachusetts

trust

No.

Index

.
.

company,

.

Plaintiff,

COMPLAINT

.
-against-

KRISTEN

.

VISBAL,
Defendant.

----------------------------------------------------------x

INTRODUCTION

1.

iconic

it

is

Girl"

"Fearless

damaged

SSGA

"SPDR

celebrate

of

its

in

companies

STATE

York

STREET

of

of

Day

the

to

safeguard

its

interests

message

important

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of

delivery

largest

for

a replica

2017,

exhibit

managers

asset

Index

Diversity

that

sponsorship

New

uphold

to

Gender

Woman's

International

action

statue

New

in

which

in

she

York

City's

stands-before

breach

material

of

her

SSGA.

one

is

this

unš±arized

to

SSGA

performance

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statue-and

obligations

2.

brings

Dafandant's

by

contractual

the

SSGA

Plaintiff

ETF,"

gender

introduced

a

in

movemer.±

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world

the

fund

diversity

important

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in

world.

that

their

It

senior

Fearless

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the

by

the

To

positions

pre-dawn

placing

manages

measure

to

leadership

in

SSGA,

to

designed

is

and

sponsors

hours

her

at

Bowling

City.

ens

ou

STfIATEGY

FEARLESSGIRLSENDSPOWERFUL
MESSAGE
Promo t ing lead . I
for women provides companies with new
perspectives and approaches that may lead to better business results.

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a strases

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o

us

of

 INDEX NO. 650981/2019

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NYSCEF DOC. NO. 2

RECEIVED NYSCEF: 02/14/2019

A
1

De=d=

3.

pursuant

to

Upon

Twitter

York

change

5.

campaign

it

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does

counsel

and

1
2

have

the

know,

and

substantial

its

full

delivery

irreparable

SSGA

in

the

12

first

have

natives

is

inexorably

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is

initiates

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the

with

The

SSGA

needs

City

of

gender

SSGA's

become

and

symbol

a

a

campaign

Girl

Dalelyama

by

Photo

by Steven

Wiiipalia

Gomez,

Pexels,

and

message

valuable

this

global

woman

and

therein.

of

extent

rebuffed

Visbal's

of

SSGA's

of

all

Visbal's

harm

to

and

actions

attempts

replica

Fearless

into

Girl

breach

to

the

and

her

is

ce--+ate.

hands

message,

of

because

unknown-mainly

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ume±hrized

as

well

based

on

what

buyers

as

SSGA,

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available

CC BY-SA
online

details
available
online
4.0, license
at https://www.pexels.com/photo/fearless-girl-1058590/

2

2 of 19

she

SSGA

will

its

rights.

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of

SSGA.

diversity

protect

1

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of

identifies

Fearicss

to

help

over

Millions

name

Girl

support

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this

York

statue

garnering

herself.

has

Girl

consultants

viral,

which

New

to

value

incredible

icon

Fearless

change

corporate

an

Fearless

and

went

statue,

both

the

agents

its

quickly

see

statue.

sculpt

with

becemmg

to

a

only

to

and

intertwined

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hired

dcycloped

hours,

flocked

not

SSGA

was

Fearless

unveiling,

understated.

owns

who

artist

that

statue's

boards.

be

goodwill

6.

her

corporate

cannot

messaging

and

which

through

on

the

that

Fearless

leadership

and

and

an

is

designs

impressions

and

courage

the

tourists

City

Visbal

and

concepts

the

4.

billion

+

2

at https://creativecommons.org/licenses/by-sa/4.0/

reputation,

cause

 INDEX NO. 650981/2019

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NYSCEF DOC. NO. 2

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SSGA's

Fearless
Is In

That

7.

SSGA

conceived

responsibility

demands

support

to show,

that

female

strong

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8.

worldwide

would

use

advised

SSGA
York

its proxy

would

to add

9.

it takes

to asset

lightly.

and

globe,

she

represents.

not

a battle

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that

consistent

goals

that

the

SSGA

uses

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SSGA

has

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SSGA

can

be won

message.

has

poured

that

For

in

by

mind,

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and

of

vote

soul"

a statue.

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of

its

unadulterated.

3

3 of 19

gender

into

Fearless

client

of this

diversity
hard

to

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remain

brand

that

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and

goals,

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in

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companies

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assets.

companies

presence

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the

company's

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a measurable

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declared

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more

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to

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campaign

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initiates-and

onto

representation

part

gender

corporate

diversity

women

vote

to make

an integral

corporate

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integrity

and

are

unveiling

SSGA's

visual

is the

boards,

boards.

management

its voice

"heart

understands

only

statue

corporate

inspired

all-male

has

SSGA
guidelines

of

together

and

sent

not

months

SSGA

initiatives

its

20

previously

careful

i.e.,

Fearless

first

and

Girl

Fearless

proactively

SSGA's

SSGA

to their

stewardship,

the

Girl

Fearless

director

SSGA,

in just

that

better.

SSGA's

did

they

believes

believes,

has

their

to meet

if

that

on

it

campaign,

SSGA

failed

directors

And

Green,

a female

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10.

and

them.

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women

if companies

of

It also

to perform

example,

of

because

diversity.

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number

the

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companies

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change.

boards

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commitment

renowned

power

voting

it for

do

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globally

increase

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globally

the

them

gender

Message

Of

Fearless

causes

corporate

to help

launched

of corporate

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leadership
its

achieves-significant

and

A

Girl:

something

difference

around

commitment.

and

the

important

is a long-term

work,

and

battle;

a strong,

successful

must

ideals

remain

and

it is

clear,

achieve

strong

and

 INDEX NO. 650981/2019

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NYSCEF DOC. NO. 2

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Visbal

11.

unauthorized

she

with

into

Girl

12.

Visbal's

action

class

financial

justice

replica

financial

companies

and

to

be

and

weakens

Australian

three

Australian

there

is none.

These

are

14.

To

exacerbate

with

her

promotional

SSGA's

entities

unauthorized

event

reputation

the

buyers

into

Fearless

incalculable

harms.

issue,

recipients,

will

also

and

its

upon

that

Girl

Visbal

and

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brand

is

an

to travel

breach,

campaign.

4

4 of 19

B,

plaintiff

a number

from

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as

fact

a

that

funds"-

the

is a collection

and

of

itself

markets

stems

of

replica

true

and

written

Visbal's

group."

reputation

and

SSGA's

Fearless

with

associated

affiliation

asset

SSGA's

purposes.

against

that

funds,

with

belief.

further

Girl

SSGA

endeavors,

to promote

Her

the

participation

undermine

Girl

Fearless

SSGA,

between

stewardship

to Australia

will

and

"superannuation

its

and

and

image

agreements

are promoting

over

information

and

and

justice

SSGA's

intends

SSGA's

suits

breach

becoming

there

several

selling

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action

these

control

by

corporate

Maurice

associated

now

a material

constitute

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goodwill

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concerning

the

to lose

are

own

as Exhibit

is a "social

of

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retirement-which

Blackburn,

SSGA

cause

their

Australian

hereto

Blackburn

breaches

confused

for

Maurice

for

Another

two

by

wages

Fearless

women,

by

contract.

Attached

that

understanding

Visbal's

is likely

employee

discussing

undermines

of

led

to/accepted

Blackburn.

articles

Visbal's

campaign.

public

Maurice

of her

13.

and

a breach

the

class

companies

message

breach

buyer,

well-publicized

against

collect

and

an Australian

to

launched

misuse

companies

Girl

Fearless

in material

profit

buyers

own

sale

delivered

that

of

copies

trademark,

has

being

with

confirmation

recent

for

statue

their

including

is

conjunction

correct

unauthorized

group"-constitutes

Visbal's

in

that

institutions,

"social

Her

most

firm

law

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to promote

the

adulterating

Fearless

SSGA.

trademark

and

weakening

of the

copies

entered

Fearless

is

and

brand

and

the

and

the

when

replica

in

damage

a

 INDEX NO. 650981/2019

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NYSCEF DOC. NO. 2

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15.

most

formal

recent

requested

the

yet

breach

to

of

and

Visbal

put

the

receiving
and

Visbal

day

and

letter.

to thwart

her

in the

form

steps

emails

This

Visbal

and

other

take

calls

belief,

attempting
into

next

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information

claims,

the

and

with

communicate

to

Australia

surface.

to

notice

8pm

by

in

sale

ignorance

upon

attempts

a response

prevent

has

SSGA's

to

Massachusetts

trust

Massachusetts

02111.

17618

Girl

State

pursuant

with

breach.

Australian

in Australia

was

companies,

to prevent

the

2019.

Visbal

written

It

would

confirmation

Visbal

feigned

happening

while,

rebuffed.

SSGA

with

communicate

SSGA's

11,

that

This

were

ears.

February

confirmation

counsel

the

on

sent

deaf

SSGA's

denying

inevitable

damage

that

to

Advisors

Visbal

the

is an

and

She

that

designs

at 1 Iron

individual

was

hired

Street,

with

Boston,

a business

SSGA

by

SSGA

is a

("SSGA"),

Company

of business

place

19958.

concepts

Trust

("Visbal"),

Delaware

Lewes,

PARTIES

a principal

Kristen

Lane,

Global

Street

company

Defendant,

Vineyard

statue

her

on

motion.

Plaintiff,

17.

was

a written

cure

with

efforts

THE
16.

to

engaged

SSGA's

of

fallen

have

attorney

to Visbal's

failure

was

Visbal

sculpt

to

with

developed

of

address

the

its

Fearless

agents

and

consultants.

AND

JURISDICTION

parties'

in

18.

This

is an action

19.

This

Court

confidential

a copyright

agreement

license

(the

Master

for

personal

has

Agreement

agreement

"Trademark

relief

License

(the

from

breach

jurisdiction

over

"Master

(the

of

"Copyright

contract.

Visbal

each

and

5

5 of 19

Agreement"),

dated

to Paragraph

pursuant

Agreement"),

License

Agreement")

VENUE

May

12,

its

and

2017

17(e)

analogous

provisions

a trademark

(the

of the

"Agreements").

license

 INDEX NO. 650981/2019

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20.

of

Rules

in

Venue

the

of

State

this

New

C.P.L.R.

York,

action,

or proceeding

arising

federal

courts

in New

located

is proper

county

of

out

under

York

in

§ 501,

or related

to

501

the

that

[the

of

Civil

the

parties

agreed

shall

Agreements]

Practice

that

Law

legal

"any

in the

be brought

and

suit,

or

state

York."

New

County,

Section

FACTUALBACKGROUND
SSGA
SSGA

21.

of

the

largest

investment

profit

asset

for

world

of

a variety

division

management

in the

Girl

Fearless

and

over

has

organizations

of

$2.5

State

Street

trillion

Corporation.

under

its

businesses,

including

It is one

SSGA

care.

creates
non-

and

governments,

organizations.

fund

SSGA

that

is

SSGA

fund,

sector

articles

She

and

so that

she

Girl

moved

can

York

one

to a new

have

and

City

the

rank

Exhibit

are

this

in

highest

the

among

that

Through

positions.

their

A.

first

of

anniversary

campaign

to

which

includes

C,

companies

a

raise

of

awareness

true

and

Gender

its

gender

correct

copies

SSGA.

local

location

"a bigger

See

of

ongoing

successful

ETF,"

Index

Diversity

leadership
that

celebration

government

it quickly

month,

senior

leadership.

is Exhibit

hereto

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for

in

SSGA's

Attached

New

senior

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large,

companies

Girl

promote

U.S.

in their

diversity

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to

the

of

performance

across

diversity

unveiled

Green

was

the

SSGA

"SPDR

the

large-capitalization

U.S.

discussing

in Bowling

manages

gender

workplace.

Though

to stay.

2018,

fund

in the

24.

installed

in

SSGA

inequality

measure

gender

Index

and

exhibiting

invests

23.

of news

to

by

in achieving

Diversity

sponsors

designed

diverse"

"gender

10,

investment

managers

strategies

22.

Girl

is the

and

stage

became

outside

[and]

the

New

an even

6

6 of 19

permitted

originally
clear

York

greater

that

the

Stock
impact."

public

Exchange

Id.

the

statue

wanted

to be

Fearless

on December

 INDEX NO. 650981/2019

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NYSCEF DOC. NO. 2

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25.

SSGA

Because

connection

permanent

commission

and

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Fearless

to

and

of

of media

•

from

and

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Street

Global

around

the

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of

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"'Fearless

the

facing

Advisors
(March
not!"
are

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bronze
State
-March

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media

Bull:

State

has

a

high-profile

Women's

attention

Day
connects

the

mighty

Street

-

-

"State

Street's

our

outside

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Street's

corporate

work

as

corporate

the

senses

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Street

State

Women's

about

where

Day

women

Post.

The

Girl;

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Street,

International

Huffington

Boston

by

debut
the

of the

investment

corporate

boards

50-inch
arm of
notice"
on

Globe

Girl'

'Fearless

to

the
onto

of Wall
by

on

all-male

put

iconic

Global

Street

campaign
clients'

women

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installed

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the

company

the

Atlantic.

commissioned
has

8, 2018,

State

commissioned
more

year

8) has awakened
- April
3, 2017,

Birthday,

down

on their

The

2017,

(SSGA)

Assets,

staring

by

the

CNN.

13,

this

campaign

Day

. . . by

to get

statue

US News.

Herald.

Advisors

bronze

statue

girl

of

stakes

NYSE,"

-

out

January

new

territory

7, 2019,

Pensions

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C.

26.

associated

of the

8, 2017,

asset-manager's

push

- March

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Girl,'
the

&

SSGA's

International

ahead

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Street

9, 2017,

a broader

statue

- March

of women

Global

Street

"State

Street's

the

installed

of the

number

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part of
boards."

•

Much

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State

was

as part

increase
board."

•

of

SSGA

trademark,

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hours

world.

placed
Day."

an International

manager

fund

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•

Fearless

on Wall

Takes

Advisors

of a fearless
unveiled
a statue
bull."
- March
Press
8, 2017,

•

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with

pre-dawn

the

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part

U.S.

•

the

example:

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"As

in

attention

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•

statue

association

statue

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SSGA.

the

public

the

unveiling

a wealth

garnered

to

both

owns

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with

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Fearless

owner

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of

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SSGA

Girl

Fearless

is proud

of

statue

this

7

7 of 19

and

association.

trademark,

SSGA

Maintaining

will

the

always

strength

be

and

 INDEX NO. 650981/2019

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of

integrity

Fearless

Girl's

is critical

message

SSGA

to

and

to

women

advancing

in the

corporate

sphere.

Agreements

The

In

27.

and

of Fearless

use

28.

Fearless

This

Visbal

of

covenant

in

as

replica

to the

and

work

with

employs

delay

sources.

She

timely

pursue

U.S.

Coast

above

her

to

tactics.

has

to

mediation

Guard

made

them

She

failed

has

Agreements

made

Alumni

exclusive

promotion

the

concerning

She

and

below,

in Los

numerous

after

SSGA

Oslo,

this

bound

by

behind

SSGA's

the

reason,

through

leadership
certain

obligations.

of good

the

frustrating

parties

faith

and

fair

purpose

of

the

conduct.

in

them

by

the

selling

Norway;

she

also

prevent

Visbal's

her

Agreements

and

unauthorized

replicas

breached

by

a

bringing

Angeles.

fact.

her

to

Visbal

But

breaches

refuses

persistently

forcing

breaches

proposed

Association

For

women

provisions

information,

a habit

from

the

breached

message

is a covenant

parties

attempts

the

withheld

has

are

contract

express

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promote

and

prohibit

breached

that

values.

to

rights

in every

specifically

dealing.

ensure

SSGA's

contracting

acknowledge

when

has

not

and

is to

campaign

implicit

law,

March

cure

of

prohibits

fair

Women's

Visbal

32.

The

2019

has

the

with

SSGA's

materially

and

alleged

SSGA

31.

into

consistent

a series

does

has

faith

good

Australia,

entered

Agreements

protect

York

contract

the

and

covenant

if the

30.

owns

New

implied

even

contract,

to

party

of

strong,

safeguards

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29.

dealing.

pure,

Each

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goal

primary

remains

several

included

Visbal

and

Girl.

The

Girl

Fearless

SSGA

2017,

and

thus

SSGA
refuses

before

to

cooperate

gather

facts

to

cure.

She

not

just

to

the

from

fact,

and

public

neglected

to

to mediate.

of breaching
is also

her

suing

8

8 of 19

and

contracts,

Visbal

for

breach,

those

alleging

with

that

SSGA.

she

took

 INDEX NO. 650981/2019

FILED: NEW YORK COUNTY CLERK 02/14/2019 06:19 PM
NYSCEF DOC. NO. 2

over

RECEIVED NYSCEF: 02/14/2019

$28,000

to

produce

D are true

Exhibit

and

correct

Her

By

SSGA

The

article

SSGA

that

And

learned

makes

it

resides

in NYC.

from

a news

Unauthorized

a news

article

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faced

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 INDEX NO. 650981/2019

FILED: NEW YORK COUNTY CLERK 02/14/2019 06:19 PM
NYSCEF DOC. NO. 2

RECEIVED NYSCEF: 02/14/2019

Maurice

39.

slogañs,

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her

article

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client.

See

 INDEX NO. 650981/2019

FILED: NEW YORK COUNTY CLERK 02/14/2019 06:19 PM
NYSCEF DOC. NO. 2

Exhibit

RECEIVED NYSCEF: 02/14/2019

B.

material

As

noted

43.

is confusing

sale

the

and

been

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to promote

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Visbal

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and

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and

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of her

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its

activity
Girl

Fearless

trademark.

Visbal

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bound.

contractual

has

information

or

in

proceeded

and

on

otherwise,

she

belief,

her

flagrant

creation

disregard

of

her

buyer

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for

replicas

the

contractual

that

sale

there

around

to which

terms

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relevant

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she

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restriction,

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is a blatant

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provisions

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and

the

scope

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SSGA.

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SSGA's

into

the

business

question

relationships

the

integrity

of

campaign.

knowing,
attorneys'

and

fees.

willful.

SSGA

is thus

 INDEX NO. 650981/2019

FILED: NEW YORK COUNTY CLERK 02/14/2019 06:19 PM
NYSCEF DOC. NO. 2

RECEIVED NYSCEF: 02/14/2019

An

Of

Unauthorized

49.

Unformnately,

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To

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parties'

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estate

investor

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was

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on

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statue

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and

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York-the

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Hotel-

Grand

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Grand Hotel Oslo
2,558 followers
7d

OSlo, meet «Fearless Girl»!
On International

G
HOTEL

Grand

Hotel,
@GrandHotelOslo

Women's Day we are proud to
the release of Grand's newest addition to our
Girl"
art collection,
"The Fearless
of Kristen Visbal. The

Photos

introduce

OSI 0

Fearless Girl is world

Oslo

renowned

for her location

Manhattan,
street.

New York facing the Charging

An addition

of "The Fearless

placed

in

Bull on Wall

Girl"

is now proudly
in front of Grand Hotel Oslo, so everyone can

enjoy!
Read more:
https://Inkd.in/dzxpTxn

Events
Instagram
Reviews

=•e,

TripAdvisor Reviews
Posts
Videos

•

Services

Home

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12

12 of 19

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sh Like

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and

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it

without

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Christian

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March

before

g@ e

Notifications

Jobs

 INDEX NO. 650981/2019

FILED: NEW YORK COUNTY CLERK 02/14/2019 06:19 PM
NYSCEF DOC. NO. 2

See

RECEIVED NYSCEF: 02/14/2019

https://www.facebook.com/GrandHotelOslo/photos/a.117079034997181

/1693069350731467/?type=3&theater

53.

Hotel

the

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in conjunction

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with

Visbal's

of

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was

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the

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parties'

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(attached

replica.

of

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contractual

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parties.

exploitation

about

the

replica

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to Visbal

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to negotiate

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the

divulge

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of

identify

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in a series

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course

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faith

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discussions,

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buyer,

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and

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dealing,

the

as

calls

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public

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silent

to

learn

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express

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her

to cure

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next

day,

no

cure,

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an unrealistic

in good

to

covenant

asking

58.

would

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2018,

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refusing

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there

Oslo,

her

under

which

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obligations

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by

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a particular

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to

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whether

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Id.

confidential

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56.

as Exhibit

and

faith

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her

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breach,

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resolution.

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13 of 19

SSGA's

attorney

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a notice

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advised

days.

to

acknowledge

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the

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as declining

overly-delayed

to reach

within

breaches

Visbal's

of the

Visbal

breach

offered

neglected

her

by

SSGA

responsibility

and

 INDEX NO. 650981/2019

FILED: NEW YORK COUNTY CLERK 02/14/2019 06:19 PM
NYSCEF DOC. NO. 2

RECEIVED NYSCEF: 02/14/2019

Breach

Visbal's

59.

Girl

a Fearless

obtain

to the

in

use

SSGA

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writing

review

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time

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enough

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a two

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time

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certain

did

in January
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promotional

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she

she brought

Visbal

require

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when

2019

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sought

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fact

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signed

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unauthorized

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of the

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request

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action

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Agreement)

allegations

contained

foregoing

paragraphs

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Master

Agreement

both

parties,

and

Visbal

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of replicas

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parties'

the

with

damages,

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sales

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breach,

need,"

[her]

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unwillingness

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to Visbal's

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was

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in Los

with

replicas

California

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to

notified

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for

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terms

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and

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to third-party
the

a valid,

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force

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and

enforceable

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Agreement

by

that

effect.

confidential

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making

buyers.

Agreement

replicas.

14

14 of 19

by

selling/distributing/displaying

several

 INDEX NO. 650981/2019

FILED: NEW YORK COUNTY CLERK 02/14/2019 06:19 PM
NYSCEF DOC. NO. 2

RECEIVED NYSCEF: 02/14/2019

Visbal

66.

the

reputation

well-regarded

67.

actions

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and

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SSGA.

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business,

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to cause

to

of

a loss

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substantial

injury,

is irreparable.

has

suffered

and

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continue

suffer

to

and

irreparable

for

injury

which

it

at law.

remedy
Visbal

has

been

73.

SSGA

is

entitled

enriched

unjustly
to

equitable

by

her

actions.

specific

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performance,

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fees.

SECOND
(Breach

SSGA

74.

as if fully

set forth

75.

contract

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now

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and

a devaluation

own

by

negligence.

a disruption

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who

72.

attorneys'

in and

are

breaches

SSGA

71.

gross

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the

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knowing,

conduct,

of

use

including

Visbal's

that

including

no

clients

programs,

70.

the

actions

potential

stewardship

has

over

Visbal's

and

Visbal's

of goodwill

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69.

of

a result

intentional,

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of Fearless

integrity

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covenants

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other

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and

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allegations

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contained

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was

repeats

of the

signed

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both

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parties,

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terms

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its

of

is

terms

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are

confidential

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15

15 of 19

in full

and

binding,

force

Trademark

and

enforceable

written

effect.

License

Agreement

by

 INDEX NO. 650981/2019

FILED: NEW YORK COUNTY CLERK 02/14/2019 06:19 PM
NYSCEF DOC. NO. 2

RECEIVED NYSCEF: 02/14/2019

unauthorized

making

of replicas

sales

to third-party

buyers

then

who

misuse

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Fearless

trademark.

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77.

maintain

to

failing

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trademark,

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actions

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79.

the

clients

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are

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potential

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call

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continues

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integrity

to cause

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lead

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to

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Visbal

has

been

84.

SSGA

is

entitled

asset

injury,

to suffer

continue

irreparable

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it has

enriched

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to

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her

no

actions.

specific

relief,

performance,

damages,

costs

fees.

(Breach

85.

of

a loss

at law.

THIRD

as if fully

of

integrity

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is irreparable.

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remedy

attorneys'

Trademark

knowing,

conduct,

of

use

actions

Visbal's

82.

adequate

over

programs,

including

and

intentional,

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Visbal's

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a result

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terms

Visbal's

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of

a loss

the

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to its reputation,

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OF

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RELIEF

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allegations

herein.

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16 of 19

Agreement)
contained

in

the

foregoing

paragraphs

and

 INDEX NO. 650981/2019

FILED: NEW YORK COUNTY CLERK 02/14/2019 06:19 PM
NYSCEF DOC. NO. 2

RECEIVED NYSCEF: 02/14/2019

86.

contract

The

that

was

Copyright

signed

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both

by

sales

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parties,

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of

buyers

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actions

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to its reputation,

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campaign.

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93.

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at law.

remedy

attorneys'

will

has

Girl

Fearless

a disruption

are

who

SSGA

a devaluation

own

At

is irreparable.

SSGA

92.

its

willful.

negligence.

conduct,

of

and

knowing,

gross

in and

use

clients

Visbal's

that

including

the

actions

programs,

stewardship

adequate

over

potential

Visbal's

of goodwill

loss

control

90.

of

a result

intentional,

SSGA
set forth

of

repeats

Implied

and

CLAIM
of

Covenant

realleges

the

OF
Good

allegations

herein.

17

17 of 19

RELIEF
Faith

and

contained

Fair

Dealing)
in

the

foregoing

paragraphs

and

 INDEX NO. 650981/2019

FILED: NEW YORK COUNTY CLERK 02/14/2019 06:19 PM
NYSCEF DOC. NO. 2

RECEIVED NYSCEF: 02/14/2019

96.

Agreement

and

are

conduct

the

of

purpose

her

sales

98.

with

License

written

enforceable

the

agents

that

other

and

their

and

contracts,

Trademark

and

Agreement,

terms

License

in

are

full

force

By

statue

but

fails

to

of time,

expenditure

fair

she

broke

the

spirit

refusing

to

of

Fearless

to

cure;

Girl;

and

of

purpose

underlying

and

failing

failing

Visbal

Girl

Visbal

and

the

of

the

Visbal

to

refusing

Visbal's

has

frustrated

information

relevant

to

Agreements.

contracts.

disclose

refusing

the

her

acknowledge

or

negotiate

SSGA

to

numerous

in

mediate

a timely

faith.

fame.

nonfeasance,

that

exploitations

breaches;

consultants,

and

willfully

is happy
pursuant

is not

has

exploit

to the

and

money

breached

and

respect

fame

she

and

designs

fair

and

and

obligations,

and

to breach

continues

in

her

Fearless

that

and

its

neglect,

of

covenant

come

rights.

non-performance,

implied

with

Girl,

these

her

hiring

developed

contracts

maintaining

to her

due

SSGA

that

rights

SSGA

from

gained

underlying

SSGA's

in building

energy

her

the

obey

or

acknowledge

the

concepts

to

willing

disregarding

Visbal

to

faith

good

dealing.

100.

Visbal's

that

which

SSGA

101.

attorneys'

by

Fearless

99.

adequate

Agreements

and

significant

including

such

Essentially,

the

frustrates

faith,

to bad

or in good

sculpt

conduct

material

repeated

manner

its

and

binding,

Visbal's

equates

about

to

valid,

Copyright

Agreement,

effect.

97.

and

Master

The

remedy

breaches

have

caused

will

and

continue

to cause

SSGA

substantial

injury,

is irreparable.

has

suffered

and

will

to suffer

continue

irreparable

injury

for

which

it has

no

at law.

102.

Visbal

has

been

103.

SSGA

is

entitled

unjustly
to

enriched

equitable

by

her

relief,

fees.

18

18 of 19

actions.

specific

performance,

damages,

costs

and

 INDEX NO. 650981/2019

FILED: NEW YORK COUNTY CLERK 02/14/2019 06:19 PM
NYSCEF DOC. NO. 2

RECEIVED NYSCEF: 02/14/2019

PRAYER
SSGA

WHEREFORE,

FOR

RELIEF

prays:

1.

That

the

Court

compel

2.

That

the

Court

require

Visbal

Visbal

to mediate;

to

cure

her

breaches

ongoing

of

the

to

SSGA;

of

terms

parties'

the

Agreements;

3.

That

the

Court

award

4.

That

the

Court

enter

on

Visbal,

5.

That

the

all

Dated:

That

the

and

proper.

New

or otherwise;

York,

February

for

award

Court

award

New
14,

including
in

judgment

claims

Court

Agreements

6.

damages

relief

SSGA

favor

asserted

all

costs,

damages

exemplary
of

SSGA,

in the

injunctive

including

and

relief,

against

Complaint;
attorneys'

including

pursuant

fees,

to

the

parties'

and

SSGA

such

other

and

York

further

relief

as this

Court

deems,

submitted,

Respectfully

2019

& RICHARDSON

FISH
By:

/s/

Kristen

Kristen

P.C.

McCallion
McCallion

McCallion@fr.com
John

Goetz

Goetz@fr.com
Vivian

Cheng

Cheng@fr.com

Fish
601

&

Richardson

Lexington

New

NY

York,

Tel:

212

Fax:

212-258-2291

Attorney

19

19 of 19

P.C.
Avenue,
10022

765-5070

for

Plaintiff

52nd

Floor

fair,

just,