Case 2:15-cv-06015-DRH-AYS Document 22 Filed 12/16/15 Page 1 of 2 PageID #: 179

GOLDBERG & RIMBERG, PLLC

115 Broadway, Suite 302
New York, New York 10006
Tel: 212-697-3250
Fax: 212-227-4533
sfrankel@grlawpllc.com

December 16, 2015

Via ECF and FedEx:
Hon. Denis R. Hurley
United States District Court, E.D.N.Y.
100 Federal Plaza
Central Islip, New York 11722
Re:

Canon U.S.A., Inc. v. F & E Trading LLC, et al., No. 15-cv-6015 (DRH)(AYS)

Hon. Judge Hurley:

We represent the defendants who have been served in the above-referenced action. We
write in response to the Courts order of December 11, 2015 directing defendants to notify the
Court whether they wish to proceed with their request for a pre-motion conference.
In light of the Amended Complaint filed by Plaintiff Canon U.S.A. Inc. (CUSA) on
December 4, 2015, we withdraw our request for a pre-motion conference with respect to F & E
Trading, LLC (New York) (F&E). We note that defendant F & E Trading, LLC, a New Jersey
Limited Liability Company, has not yet been served.
Wes wish to proceed with our request for a pre-motion conference with respect to the
Amended Complaints claims against defendant Albert Houllou (Houllou), for the reasons set
forth in our November 25, 2015 letter, which are not cured by the Amended Complaint.
CUSAs claim against Houllou is that:
Upon information and belief, at all relevant times, Houllou is and has been
the President and CEO of F&E, and online biographies of Houllou describe
him as having a leadership role with the company who is responsible for
overseeing all daily operations, including business development, strategic
planning, and sales operations. He also oversees the board of directors,
manages staff, and makes key decisions about the direction of the firm. As
part of his role at F&E, Houllou directly and personally participates and
participated in the acts of trademark infringement and unfair competition
described herein, with full knowledge that such activity is in violation of
CUSAs trademark rights.
(Am. Compl. 12.) The other claims as to Houllou are that he formed F&E, along with additional
conclusory allegations that Houllou directed various alleged violations by F&E. (Id. 39, 42, 48,
49, 51, 58, 61, 64, 69.)

Case 2:15-cv-06015-DRH-AYS Document 22 Filed 12/16/15 Page 2 of 2 PageID #: 180

However, such conclusory allegations, made upon information and belief, are insufficient
to plead trademark infringement against an individual defendant, such as Houllou. See J & J
Sports Prod., Inc. v. El Ojo Aqua Corp., 2014 WL 4700014, at *4 (E.D.N.Y. Aug. 29, 2014)
(dismissing conclusory copyright infringement claim against officer/director that merely
parrot[ed] the case laws language in boilerplate fashion), adopted, 2014 WL 4699704
(E.D.N.Y. Sept. 22, 2014); Cable News Network, L.P. v. GoSMS.com, Inc., 2000 WL 1678039, at
*6 (S.D.N.Y. Nov. 6, 2000) (claims that manager and director controlled affairs of company
defendant and were personally involved in the infringing conduct were insufficient to plead
trademark infringement as to those individuals).
Conclusion
For the reasons set forth above, it is respectfully requested that the Court schedule a premotion conference and permit defendant Houllou to move to dismiss the complaint.
Respectfully submitted,
s/ Steven E. Frankel
Steven E. Frankel
cc:

Richard H. Silberberg, Esq. (via ECF and e-mail)

Bruce R. Ewing, Esq. (via ECF and e-mail)
Dai Wai Chin Feman, Esq. (via ECF and e-mail)
Efrem Schwalb, Esq. (via ECF and e-mail)