Preview
FILED: KINGS COUNTY CLERK 05/21/2024 10:56 AM INDEX NO. 514089/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/21/2024
EXHIBIT A
FILED: KINGS COUNTY CLERK 05/21/2024 10:56 AM INDEX NO. 514089/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/21/2024
Case 1:22-cv-07637-FB-RML Document 1 Filed 12/15/22 Page 1 of 22 PagelD #: 1
UNITEDSTATESDISTRICT COURT
EASTERNDISTRICT OF NEWYORK
DOCTOR'SASSOCIATESLLC and :
SUBWAY®
IP LLC, :
: CASENO: 1:22-ev-7637
, :
Plaintiffs,
LYUDMILAKHONONOV,
Defendant. DECEMBER
15, 2022
COMPLAINT
NATUREOFTHEACTION
1. Plaintiff Doctor's Associates LLC ("DAL") is the franchisor of Subway®sandwich
the Subway®restaurant with
shops in the United States. Its founder, Frederick DeLuca, started first
and convenient Based on that vision,
Subway®
the goal of providing healthy, affordable, food.
restaurants rapidly grew from a single location to an internationally recognized brand.
Plaintiff
Subway®IP LLC owns the proprietary system (the
"Subway®
2. ("SIP")
System") for establishing and operating restaurants that madethis growth possible. SIP is also the
owner of various with the
Subway® USand
intellectual property rights associated brand, including
Canadian trademarks to both the
Subway®name and its well-known logos. The reputation and
Plaintiffs'
goodwill attached to these trademarks are central to business.
3. SIP licenses the
Subway®
System, including the famous Subway®trademarks, to
DAL.
4. Defendant Lyudmila Khononov ("Khononov") is a fafifier TrýiähispeMhbroperâíed M
a Subway®restaurant located at 528A Clarkson Avenue in Brooklyn, NewYork (the "Location").
Khononov's operation of this restaurant was governed by a franchise agreement dated February
1
FILED: KINGS COUNTY CLERK 05/21/2024 10:56 AM INDEX NO. 514089/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/21/2024
Case 1:22-cv-07637-FB-RML Document 1 Filed 12/15/22 Page 2 of 22 PagelD #: 2
15, 2010 (the "Franchise Agreement"), whichrequiredmiononov to operate a Subway®restaurant
for a 20-year term.
5. After operating a Subway®restaurant for ahnost a decade at the Location, on or
tlãÿaW#if&Bn riâiGa in9ã1(6rsif$UEEriEETñ H
6. That unauthorized abandomnent of the restaurant constituted a material breach of
her Franchise Agreement, and as such, DAL sent a default notice to Khononov informing her of
the default. When Clononov failed to cure the default in the time required by the Franchise j
Agreement, 95ú tëYiifiáátEd Shãi%elië1 eement. Khononov was informed of the
terminationand told she must comply with ji6st fëiñÏinäfiOñldúEiE[iindeefl¾$1F ÃEEhiseMree ei1
which included discontinuing use of any Subway®-related trademarks, trade dress, proprietary
information, or foods. $ ÉÈ È WEs4zêGhiredÏô hir$WiMhettienlbdilipbtitiöñ!ñOyeliäÏft
7. Despite this fiefi and in contravention of the clear terms of her Franchise
Agreement, idi6E8í•B Ä 1 $ Mes1áñfarielõOãtiôã%ñde¼Miâ)in@ph iffgrer@Æd
g US> NY> Brooklyn I
SUBWAY
at 528A Clarkson Ave Brooklyn NY
Discover better for you sub sandwiches at SUBWAY
528A Clarkson Ave in Brooklyn NY. View our
menuof sub sandwiches, see nutritional info, find restaurants, ...
https://www.grubhub.corn >... >East Flatbush !
Burger UrWayClarkson Ave - Grubhub
What's for Dinner? Caullflower Crust Plzra with VeganCheese- Plant-Based, Gluten Free; Wings;
N'
Wrape; Mao Cheese; Solade ...
https://www.yelp.com > ... >Restaurants >Burgers I i
BURGERURWAY528 - Clarkson Ave, Brooklyn, NY Menu -
-
Delivery & Plokup Options 52 reviews of Burger Urway "Fresh Inade fries, and a burger your wayl
Hand It with grilled onions and cheddar.
https://www,tripadvisor.corn >... ) Brooklyn Restaurants i
SUBWAY,Brooklyn ·· 528A Clarkson Ave, East Flatbush
Subway, Brooklyn: See unbiased reviews of Subway, one of 6781 Brooklyn restaurants listed on
Tripedy[aor.
https://www.tripadvisor.com >... >Brooklyn Restaurants !
CLARKSON
BURGERURWAY AVE, Brooklyn - East Flatbush
Order food online at Burger UrWayclarkson Ave, Brooklyn with Tripadvisor: See 2 unbiased
reviews of Burger UrWayClarkson Ave, ranked #3231 on Tripadvisor ...
https://www.mapquestcom > ... > NewYork >Brooklyn
Subway, 528A Clarkson Ave, Chicken Concept ... - MapQuest
Restaurant, located at 528A Clarkson Ave brings new bold flavors
Your local Brooklyn Subway®
along with old favorites to satlefied guests every day.
FILED: KINGS COUNTY CLERK 05/21/2024 10:56 AM INDEX NO. 514089/2024
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/21/2024
Case 1:22-cv-07637-FB-RML Document 1-1 Filed 12/15/22 Page 3 of 3 PagelD #: 25
https://www,uberests.com >... >Brooklyn >Prospect (
Subway (528A Clarkson Ave) Menu and Delivery In NewYork
Use your Uber account to order delivery from Subway(52BA Clarkson Ave) In NewYork. Browne
the menwview popular Items, and track your order.
https://www.seamless.com >rnenu >reviews i
Burger UrWayClarkson Ave Reviews - Seamless
View 670 reviews of Burger UrWayclarkson Ave 528 Clarkson Ave, Brooklyn, NY, 11208. Explore
the Burger UrWayClarkson Ave menuand order food delivery or .,,
https://postma tes.com >store i subway-528a-clarkson-ave I
Subway (528A Clarkson Ave) Menu NewYork " Order Subway...
620 Clarkson Ave, Brooklyn, NY11203. Tap for hours, info, and more. Enter your eddress above
to see fees, and delivery + pickup estimates.
https://www.1oopnet.com > .., > NewYork > Brooklyn
520-528 Clarkson Ave, Brooklyn, NY 11203 - Retail for Lease
-
Sep 30, 2021 520-528 Clarkson Ave, Brooklyn, NY17203. This Retall space is evailable for
lease. Southwest comer of 38th Street and Clarkson Avenue.
More results v
Preview
FILED: KINGS COUNTY CLERK 05/21/2024 10:56 AM INDEX NO. 514089/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/21/2024 EXHIBIT A FILED: KINGS COUNTY CLERK 05/21/2024 10:56 AM INDEX NO. 514089/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/21/2024 Case 1:22-cv-07637-FB-RML Document 1 Filed 12/15/22 Page 1 of 22 PagelD #: 1 UNITEDSTATESDISTRICT COURT EASTERNDISTRICT OF NEWYORK DOCTOR'SASSOCIATESLLC and : SUBWAY® IP LLC, : : CASENO: 1:22-ev-7637 , : Plaintiffs, LYUDMILAKHONONOV, Defendant. DECEMBER 15, 2022 COMPLAINT NATUREOFTHEACTION 1. Plaintiff Doctor's Associates LLC ("DAL") is the franchisor of Subway®sandwich the Subway®restaurant with shops in the United States. Its founder, Frederick DeLuca, started first and convenient Based on that vision, Subway® the goal of providing healthy, affordable, food. restaurants rapidly grew from a single location to an internationally recognized brand. Plaintiff Subway®IP LLC owns the proprietary system (the "Subway® 2. ("SIP") System") for establishing and operating restaurants that madethis growth possible. SIP is also the owner of various with the Subway® USand intellectual property rights associated brand, including Canadian trademarks to both the Subway®name and its well-known logos. The reputation and Plaintiffs' goodwill attached to these trademarks are central to business. 3. SIP licenses the Subway® System, including the famous Subway®trademarks, to DAL. 4. Defendant Lyudmila Khononov ("Khononov") is a fafifier TrýiähispeMhbroperâíed M a Subway®restaurant located at 528A Clarkson Avenue in Brooklyn, NewYork (the "Location"). Khononov's operation of this restaurant was governed by a franchise agreement dated February 1 FILED: KINGS COUNTY CLERK 05/21/2024 10:56 AM INDEX NO. 514089/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/21/2024 Case 1:22-cv-07637-FB-RML Document 1 Filed 12/15/22 Page 2 of 22 PagelD #: 2 15, 2010 (the "Franchise Agreement"), whichrequiredmiononov to operate a Subway®restaurant for a 20-year term. 5. After operating a Subway®restaurant for ahnost a decade at the Location, on or tlãÿaW#if&Bn riâiGa in9ã1(6rsif$UEEriEETñ H 6. That unauthorized abandomnent of the restaurant constituted a material breach of her Franchise Agreement, and as such, DAL sent a default notice to Khononov informing her of the default. When Clononov failed to cure the default in the time required by the Franchise j Agreement, 95ú tëYiifiáátEd Shãi%elië1 eement. Khononov was informed of the terminationand told she must comply with ji6st fëiñÏinäfiOñldúEiE[iindeefl¾$1F ÃEEhiseMree ei1 which included discontinuing use of any Subway®-related trademarks, trade dress, proprietary information, or foods. $ ÉÈ È WEs4zêGhiredÏô hir$WiMhettienlbdilipbtitiöñ!ñOyeliäÏft 7. Despite this fiefi and in contravention of the clear terms of her Franchise Agreement, idi6E8í•B Ä 1 $ Mes1áñfarielõOãtiôã%ñde¼Miâ)in@ph iffgrer@Æd g US> NY> Brooklyn I SUBWAY at 528A Clarkson Ave Brooklyn NY Discover better for you sub sandwiches at SUBWAY 528A Clarkson Ave in Brooklyn NY. View our menuof sub sandwiches, see nutritional info, find restaurants, ... https://www.grubhub.corn >... >East Flatbush ! Burger UrWayClarkson Ave - Grubhub What's for Dinner? Caullflower Crust Plzra with VeganCheese- Plant-Based, Gluten Free; Wings; N' Wrape; Mao Cheese; Solade ... https://www.yelp.com > ... >Restaurants >Burgers I i BURGERURWAY528 - Clarkson Ave, Brooklyn, NY Menu - - Delivery & Plokup Options 52 reviews of Burger Urway "Fresh Inade fries, and a burger your wayl Hand It with grilled onions and cheddar. https://www,tripadvisor.corn >... ) Brooklyn Restaurants i SUBWAY,Brooklyn ·· 528A Clarkson Ave, East Flatbush Subway, Brooklyn: See unbiased reviews of Subway, one of 6781 Brooklyn restaurants listed on Tripedy[aor. https://www.tripadvisor.com >... >Brooklyn Restaurants ! CLARKSON BURGERURWAY AVE, Brooklyn - East Flatbush Order food online at Burger UrWayclarkson Ave, Brooklyn with Tripadvisor: See 2 unbiased reviews of Burger UrWayClarkson Ave, ranked #3231 on Tripadvisor ... https://www.mapquestcom > ... > NewYork >Brooklyn Subway, 528A Clarkson Ave, Chicken Concept ... - MapQuest Restaurant, located at 528A Clarkson Ave brings new bold flavors Your local Brooklyn Subway® along with old favorites to satlefied guests every day. FILED: KINGS COUNTY CLERK 05/21/2024 10:56 AM INDEX NO. 514089/2024 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 05/21/2024 Case 1:22-cv-07637-FB-RML Document 1-1 Filed 12/15/22 Page 3 of 3 PagelD #: 25 https://www,uberests.com >... >Brooklyn >Prospect ( Subway (528A Clarkson Ave) Menu and Delivery In NewYork Use your Uber account to order delivery from Subway(52BA Clarkson Ave) In NewYork. Browne the menwview popular Items, and track your order. https://www.seamless.com >rnenu >reviews i Burger UrWayClarkson Ave Reviews - Seamless View 670 reviews of Burger UrWayclarkson Ave 528 Clarkson Ave, Brooklyn, NY, 11208. Explore the Burger UrWayClarkson Ave menuand order food delivery or .,, https://postma tes.com >store i subway-528a-clarkson-ave I Subway (528A Clarkson Ave) Menu NewYork " Order Subway... 620 Clarkson Ave, Brooklyn, NY11203. Tap for hours, info, and more. Enter your eddress above to see fees, and delivery + pickup estimates. https://www.1oopnet.com > .., > NewYork > Brooklyn 520-528 Clarkson Ave, Brooklyn, NY 11203 - Retail for Lease - Sep 30, 2021 520-528 Clarkson Ave, Brooklyn, NY17203. This Retall space is evailable for lease. Southwest comer of 38th Street and Clarkson Avenue. More results v