Trademark Trial and Appeal Board Electronic Filing System. http://estta.uspto.gov
`ESTTA612468
`ESTTA Tracking number:
`06/26/2014
`
`Filing date:
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`91215926
`Defendant
`Nasza Scinana LLC
`PAUL T SABAJ
`SABAJ LAW PC
`26 COURT ST, SUITE 2003
`BROOKLYN, NY 11242
`UNITED STATES
`Motion to Suspend for Civil Action
`Paul T. Sabaj, Esq
`psabaj@sabajlaw.com
`/Paul T. Sabaj/
`06/26/2014
`Nasza Sciana LLC - USPTO Motion to Suspend for Civil Action.pdf(139584
`bytes )
`Complaint Nasza Sciana LLC vs Adamski, Galik, Radio Rampa - dock-
`eted.pdf(2457759 bytes )
`
`Proceeding
`Party
`
`Correspondence
`Address
`
`Submission
`Filer's Name
`Filer's e-mail
`Signature
`Date
`Attachments
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`IN Re Application of Nasza Sciana LLC
`Serial No.: 85750,919
`
`
`
`Opposer
`
`MOTION TO SUSPEND FOR
`CIVIL ACTION
`
`No. 91215926
`
`Applicant.
`
`Mark: Radio Rampa
`Filed: October 10, 2012
`
`RADIO RAMPA, LLC
`
`
`
`-against-
`
`NASZA SCIANA, LLC
`
`
`
`
`SIRS, PLEASE TAKE NOTICE THAT:
`
`Upon the annexed Declaration of Paul T. Sabaj, Esq attorney for Nasza Sciana
`
`LLC, sworn to on June 26, 2014, and the exhibits attached thereto,
`
`Moves this Board, pursuant to paragraph 2.116 of the US Trademark Law,
`
`without oral argument requested, to issue a decision on July 20, 2014, or as soon as
`
`Board can decide so,
`
`For an order:
`
`1. Suspending the proceedings pursuant to 2.117, pending outcome of the civil
`
`case CV-13-2752, filed in USDC EDNY.
`
`2. For extension of time to file an answer, should this motion not be entertained.
`
`3. For such other and further relief, that this Board may deem just and proper.
`
`
`
`
`
`

`
`
`
`Dated: June 26, 2014
`New York, New York
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
` By: /s/ Paul T. Sabaj
`
`Paul T. Sabaj, Esq.
`SABAJ LAW, P.C.
`26 Court St, Suite 2003
`Brooklyn, New York 11242
`Telephone: (212) 518-8270
`Facsimile: (888) 589-5514
`psabaj@sabajlaw.com
`Attorney for Nasza Sciana LLC
`
`
`
`
`
`
`
`

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`TRADEMARK TRIAL AND APPEAL BOARD
`
`IN Re Application of Nasza Sciana LLC
`Serial No.: 85750,919
`
`
`
`Opposer
`
`Affirmation of Paul T. Sabaj in
`Support
`
`No. 91215926
`
`Mark: Radio Rampa
`Filed: October 10, 2012
`
`RADIO RAMPA, LLC
`
`
`
`-against-
`
`NASZA SCIANA, LLC
`
`
`Applicant.
`Nasza Sciana LLC, by and through their undersigned attorney, upon
`
`information and belief hereby alleges as follows:
`
`1. The undersigned represents Nasza Sciana, LLC.
`
`2. Before interposing an answer in the instant proceedings, Nasza Sciana LLC
`
`makes this motion, for suspension of proceedings pending civil action.
`
`3. On the 8th day of May 2103, Nasza Sciana, LLC instituted a civil action in
`
`United States District Court, for the Eastern District of New York, bearing
`
`index number CV-13-2752.
`
`4. Said action is a “complaint for trademark infringement”, among other
`
`causes of action.
`
`5. Nasza Sciana, LLC - plaintiff to said civil action, in causes of action alleges,
`
`that opposer to the instant proceedings - Radio Rampa, LLC creates
`
`dilution in commerce.
`
`
`
`

`
`6. Moreover, Nasza Sciana, LLC has submitted a trademark Radio Rampa for
`
`determination and adjudication of abovementioned federal court. See
`
`Exhibit A attached hereto – Complaint with Exhibits.
`
`7. Said civil action is pending for over a year, and has been in discovery stage
`
`for substantial time, which has a bearing on complexity of the instant
`
`proceedings.
`
`8. For the sake of saving this Board’s time and resources Nasza Sciana, LLC
`
`is not going to reiterate lengthy allegations contained in the complaint to
`
`the civil action.
`
`9. Mark Radio Rampa was invented and created by Nasza Sciana LLC and its
`
`principal, also utilizing resources for hire.
`
`10. Nasza Sciana, LLC was using the mark Radio Rampa in business, and in
`
`fact had said domain registered in its name, until a dispute between the
`
`individuals, who are the parties to the civil action, arose.
`
`11. For the reasons set forth below, and on the basis of paragraph 2.117 of US
`
`Trademark Law, Nasza Sciana, LLC asks for stay and suspension of the
`
`proceedings, pending outcome of the civil action, before interposing its
`
`answer to the instant proceedings.
`
`12. Should this Board not entertain this motion, Nasza Sciana, LLC asks for
`
`extension of time to file an answer.
`
`13. Wherefore, it is requested as in the petitium of this motion, for the
`
`instant action to be suspended for civil action.
`
`
`
`

`
`
`Respectfully submitted,
`
` By: /s/ Paul T. Sabaj
`
`Paul T. Sabaj, Esq.
`SABAJ LAW, P.C.
`26 Court St, Suite 2003
`Brooklyn, New York 11242
`Telephone: (212) 518-8270
`Facsimile: (888) 589-5514
`psabaj@sabajlaw.com
`Attorney for Nasza Sciana LLC
`
`
`
`
`
`Dated: June 26, 2014
`New York, New York
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`
`CERTIFICATE OF SERVICE:
`
`
`
`The undersigned, affirms under penalties of perjury, that on the below date I have personally
`served the Notice of Motion with Affirmation and Exhibits, by depositing same in USPS
`depository proper postage paid, to:
`
`Michael K. Cantwell, PC
`102-30 66th Road, Suite 30D
`Forest Hills, NY 11375
`
`
`
`
`
`
`
`
`
`
`Dated: June 26, 2014
`New York, New York
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` By: /s/ Paul T. Sabaj
`Paul T. Sabaj, Esq.
`SABAJ LAW, P.C.
`26 Court St, Suite 2003
`Brooklyn, New York 11242
`Telephone: (212) 518-8270
`Facsimile: (888) 589-5514
`psabaj@sabajlaw.com
`Attorney for Nasza Sciana LLC
`
`
`
`

`
`A0 440 (Rev. 12/09) Summons inacivil Action
`UNITED STATES DISTRICT COURT
`
`T
`
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`
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`Within 21 days after service ofthis summons on you (not counting the day you received it) ——- or 60 days if you‘
`are the United States or a United States agency, or an officer or employee ofthe United States described in Fed. R. Civ.
`P. 12- (a)(2) or (3) —— you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
`the Federal Rules ofCivil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
`whose name and address are:
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`
`Civil Action No.
`
`_
`PROOF OF SERVICE
`v
`(This section should not befiled with the court unless required by Fed R. Civ. P. 4’ (1))
`
`This summons for (name of individual and title, rfany)
`
`was received by me OI1(dat‘-e)
`
`I3 I personally served the summons on the individual at (place) I
`on (date)
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`My fees are $
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`
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`Server '5 signature
`
`Printed name and title
`
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`
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`
`

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`vs st
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`15l Medicare Act
`Cl 330 Federal Employers’
`152 Recovery of‘Defaulted
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`Student Loans
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`(Excludes Veterans)
`Cl 345 Marine Product
`‘I53 Recovery ofoverpayment
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`_l_60 Stockholders‘ Suits
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`V. ORIGIN (Pl'ace rm‘
`l Original
`CIZ Removed from
`Proceeding.
`State Court
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`D 3 Remanded from
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`D 4 Reinstated or
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`
`VI. CAUSE OF ACTION
`
`VII. REQUESTED IN
`COMPLAINT:
`
`VIII. RELATED CASE(S)
`IF ANY
`
`DATE
`
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`

`
`CERTIFICATION OF ARBITRATION ELIGIBILITY
`
`Local Arbitration Rule 83.10 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000,
`exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless a
`certification to the contrary is filed.
`
`1,
`
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`
`ineligible for compulsory
`
`5
`
`, counsel for
`
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`
`j g, , do hereby certify that theabovecaptionedcivil action is
`
`I
`
`1
`
`El
`
`monetary damages sought are in excess of $ 150,000, exclusive of interest and costs,
`
`g the complaint seeks inj unctive relief,
`
`U
`
`the matter is otherwise ineligible for the following reason
`
`DISCLOSURE STATEMENT - FEDERAL RULES CIVIL PROCEDURE 7.1
`
`Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:
`
`RELATED CASE STATEMENT [Section VIII on the Front of this Form)
`
`Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a)
`provides that “A civil case is “related” to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or
`because the cases arise from the same transactions or events, a substantial saving ofjudicial resources is likely to result from assigning both cases to the
`same judge and magistrate judge.” Rule 50.3.1 (b) provides that “ A civil case shall not be deemed “related” to another civil case merely because the civil
`case: (A) involves identical legal issues, or (B) involves the same parties." Rule 50.3.1 (c) further provides that “Presumptively, and subject to the power
`of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be “related" unless both cases are still pending before the
`court.”
`
`NY—E DIVISION OF BUSINESS RULE 50.1§d)[2)
`
`Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk
`County:
`NO
`
`.
`I
`If you answered “no” above:
`a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk
`County?
`@ O
`
`b) Did the events ofomissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern
`District?
`‘/x‘-’5’
`
`Ifyour answer to question 2 (b) is “No,” does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
`Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau
`or Suffolk County?
`M
`(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).
`
`BAR ADMISSION
`
`I am currently admittedin the Eastern District of New York and currently a member in good standing of the bar of this court.
`Yes
`I
`E]
`No
`Are you currently the subject of any disciplinary action (5) in this or any other state or federal court?
`Yes
`(Ifyes, please explain) E No
`
`

`
`PAUL THOMAS SABAJ, ESQ
`SABAJ LAW P.C.
`23 COURT ST SUITE 2003
`BROOKLYN NY 11242
`TELEPHONE; 212.513.3270
`FACSIMILE: 333.539.5514
`ATTORNEYS FOR PLAINTIFF
`
`H
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF NEW Y
`
`mm
`
`NASZA SCIANA LLC
`
`'
`
`Plaintiffs’
`
`-against
`ARTUR ADAMSKI, MONIKA I
`GALIK AND
`RADIO RAMPA LLC
`
`COMPLAINT FOR
`TRADEMARK INFRINGEMENT
`
`JURY TRIAL AND INIUNCTIVE
`
`Plaintiff, by its attorneys, Sabaj Law, P.C. for the Complaint, respectfully
`
`allege as follows upon information and belief, except as to allegations concerning
`
`Plaintiff or its counsel, which are made upon personal knowledge, and except as
`
`otherwise indicated herein:
`
`NATURE OF THE CASE
`
`1.
`
`This is an action for trademark infringement arising under common
`
`law and the Lanham Act, 15 U.S.C. § 1125(a); Statutes for Misappropriation and
`
`Deceptive and Unfair Trade Practices, Theft Of Intellectual Property, Trademark
`
`dilution in violation of Section 43(c) of the Lanham Act, Breach of Contract, Breach
`
`of Fiduciary Duties, Common Law and New York causes of action such as Injury to
`
`

`
`Business Reputation and other causes of action.
`
`2.
`
`Plaintiffs seek temporary, preliminary, and permanent injunctive
`
`relief, as well as damages, profits, punitive damages, costs, and reasonable
`
`attorneys’ fees.
`
`PARTIES
`
`. Plaintiff NASZA SCIANA LLC (hereinafter called “Nasza Sciana” or “NS”) is
`
`a corporation duly licensed and doing business in the State of New York,
`
`registered initially on September 2, 2009.
`
`. Plaintiff Nasza Sciana LLC is owned, solely, by its principal Przemyslaw
`
`Adam Lezon (hereinafter called “Lezon”), resident of the State of New
`
`York.
`
`. Nasza Sciana’s domain name naszasciana.com is registered and owned by
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`Lezon, so is its Facebook account, Gmail account, etc.
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`. Nasza Sciana’s primary business is to organize events, parties and outings
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`for Polish community in New York,
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`and also New Jersey and
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`Pennsylvania.
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`. Defendant Artur Adamski (hereinafter called “Adamski”) is an individual
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`residing in the State of New Jersey.
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`. Defendant Monika Galik (hereinafter called "Galik”) is an individual, to the
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`Plaintiffs knowledge, residing in the state of New York.
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`. Defendant, RADIO RAMPA LLC, (hereinafter called “Rampa”) is a New
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`Jersey company registered in August 2012.
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`

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`l0.To Plaintiffs knowledge Adamski is, inter alia, a principal of Rampa, its
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`agent, partner, officer, alter-ego, journalist or in other relationship and is
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`the direct or indirect cause of this action.
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`11.To Plaintiffs knowledge Galik is a principal of Rampa, its agent, partner,
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`officer, alter-ego, journalist or in other relationship and is the direct or
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`indirect cause of this action.
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`STATEMENT OF FACTS
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`12. Lezon is the owner of Nasza Sciana LLC and since 2007 is involved in
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`business of organizing events for Polish community in Tri-State area.
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`13. In June 2010 Adamski approached Lezon, and offered Plaintiff his services
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`as a help,
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`to further develop business of Nasza Sciana, using this
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`opportunity to become known in Polish community.
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`14.Adamski did not ask for compensation since it was suppose to be a side job for
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`him, and only incidental to his regular activities. Adamski wanted to
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`explore Polish community in New York and it was an opportunity for him
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`to learn business from Lezon.
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`15.Moreover, Adamski stated he cannot
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`receive compensation since he is
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`collecting unemployment benefits.
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`16. Lezon agreed for Adamski to join his efforts.
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`17.Adamsk:i started exploring business model and contacts of Nasza Sciana and
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`engaged in business development, using Nasza Sciana know how.
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`

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`18.Adamski asked Lezon for permission to produce his business cards, with
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`Nasza Sciana’s logo to identify himself as associated with NS and its well
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`known brand in tri-state Polish community.
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`19.Adamski produced his business cards using NS money, but without Plaintiffs
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`permission put his title as Vice-President of NS. Adamski never was
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`formally a vice-president of NS, either a partner, officer, or any other
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`authorized agent with authority vested in him.
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`20.Lezon further assigned specific tasks and duties to Adamski, which he agreed
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`to perform.
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`21.Adamski’s
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`tasks and duties were among other
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`things: bookkeeping,
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`contacting bars and clubs to organize events, logistically organizing events
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`and advertising those events.
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`22.ln May 2011 Adamski was suppose to meet a contact that Lezon was referred
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`to — Monika Galik (hereinafter called “Galik”), for a purpose of being
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`interviewed by radio, as a Nasza Sciana representative.
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`See attached Exhibit A herein — email communication between Adamski
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`and Lezon, where Adamski states himself he works for Nasza Sciana.
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`23. Galik was at the time working for a Polish radio station.
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`24.113 June 2011 Adamski asked Lezon, if Galik could join the team of Nasza
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`Sciana, since Galik lost her employment.
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`25.Lezon agreed, and Galik was supposed to act as a documentalist and
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`journalist for the company.
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`

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`26.She did not ask for compensation, since it was to be a side job for her, and a
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`way to interact with Polish community.
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`A
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`27.Shortly after Galik joined Nasza Sciana, all of them agreed that all materials
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`she will record (using Nasza Sciana’s equipment) and will be called a
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`production of Radio Nasza Sciana. See attached Exhibit B - Interview
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`with Lezon, Adamski, Galik — Published originally in Polish
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`Newspaper in New York “Nowy Dziennik” — bearing title “Our Nasza
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`Sciana” - on 3.16.2012 (original text in Polish);
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`i. Galik explicitly says in the interview: (...) we agreed with Adam (Lezon)
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`and Artur (Adamskt) that I will join Nasza Sciana and we will create our
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`own radio at Nasza Sciana. That is how Rampa was created, radio of I
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`young Polish people in America”. <Ernphasis added>
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`ii. “(...) One can listen to a Broadcast of Radio Rampa on the lnternet, and at
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`Nasza Sciana’s website www.naszasciana.com . (...)”
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`iii. Adamski added: (...) to travel I had no one to go with, for paintball or
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`skiing — says Artur - so I started organizing outings like that myself, and
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`when I got to Nasza Sciana, I could do it on a bigger scale”
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`28.lt is unremarkable that all three did not use form “I do, I create, I organize”
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`but refered to Nasza Sciana and Radio Rampa as “WE” as a team.
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`29.Article also states: “Monika, Adam and Artur, despite dividing a lot of time weekly to
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`Nasza Sciana, do not treat it as a job. This is a passion, a hobby - says Artur —
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`<Emphasis added>. I am happy that I can provide for Polish community, organize
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`

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`goodfun. (...) Not onbz that thanks to my active participation in Nasza Sciana I am
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`learning new things, which I will later use in my career, I am having a lot offun and
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`meet newfiiends. Could this possibly be work? —Ariur laughs "
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`30.Nasza Sciana LLC started doing business using a common law trademark of
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`Radio Nasza Sciana. Such trademark and logos were put on the Website.
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`31.It was never intent of the parties, to create a different entity called Radio
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`Nasza Sciana, but parties agreed that different channel of communication
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`With Nasza Sciana LLC audience deserves a different and distinguished
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`name or dlbla in the long run.
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`32.Radio Nasza Sciana came into existence on the website of Nasza Sciana LLC
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`(WWW.I13_SZ3.SCi8.fl3..COII].
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`33. After some time, parties decided to pick a different name and create new
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`logo.
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`34.All three agreed to change the name of Radio Nasza Sciana to Radio Rampa,
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`but never discussed change in ownership - from Nasza Sciana LLC.
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`35.Lezon approved all those decisions, but Radio Rampa was broadcasting only
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`podcasts Via Nasza Sciana’s Website (weekly or from time to time when an
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`interesting event took place) and there was never intent to create a
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`separate entity.
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`36.The cooperation between the parties was Working fine, between June 2011
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`until August 2012, because Galik and Adamski were admitting acting and
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`

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`being work for hire of Nasza Sciana and doing all business and
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`undertaking endeavors as Nasza Sciana LLC.
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`37.See attachedililxhibit C — picture of May 5th Birthday Celebrant Harold
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`Allen, where upon their own initiative and introduction <Emphasis
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`added> - Galik is named “Executive Reporter Nasza Sciana Radio” and
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`Adamski is named “President Nasza Sciana Radio”.
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`38.See attached Exhibit D — Facebook page post (35.30.2012) by Monika Galik
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`about Radio Rampa and RadioRampa.com, stating “Radio Rampa internet
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`radio Rampa was created in 2011 as a branch of Nasza Sciana
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`creating platform for expression for young Polish people leaving...”
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`<Emphasis added>.
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`39. It was not the first time when parties expressed, exactly same statements, as
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`to the ownership of the ideas and business model. It was Nasza Sciana
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`LLC which was proclaimed the starting point
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`for each and every
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`endeavor, on occasions too many to state in this complaint. See Exhibit E
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`— article published in Polish New York newspaper Super Express on
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`9.24.2011, where in Polish language parties state among other things:
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`iv. Galik: "It all started at the club event of Nasza Sciana — reminds
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`herself — first meeting and first good decision: we are creating
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`radio Nasza Sciana, radio for young Polonia — she states”.
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`<Emphasis added>
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`

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`V. Same article refers to podcasts of Radio Nasza Sciana at
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`RadioRampa.com
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`vi. Further it states: Last months for Nasza Sciana is a time of
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`dynamic development. Preparing for Pulaski Parade, growing
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`interest of Polish population and media, brings no lack of new
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`materials for the radio. (...)”. <Emphasis added>
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`. Numerous references to RadioRampa as a branch of Nasza
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`Sciana are made.
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`40.In August, 2012 Nasza Sciana LLC organized Radio Ra1npa’s fundraiser
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`party, to support its cause to expand its broadcasting from online website
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`uploaded stream, to more frequent or even live stream via website during
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`certain hours.
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`41.A1l accounting was done by Adamski, since he started cooperating with Nasza
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`Sciana LLC, and Lezon never entertained the monies collected.
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`42.Any inquiry about funds would lead to Adamski saying “We get more money
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`from events, but we have more expenses since Nasza Sciana is growing,
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`and we make no money”.
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`43.In October 2012, however, Lezon started asking questions regarding strange
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`behavior of Adamski and Galik and Why they make oral promises to clubs,
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`bars and third parties, Without discussing this with him first. So far, all
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`decisions had to be approved by Lezon before undertaking any actions.
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`

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`44.During annual Pulaski Parade Adamski and Gralik communicated to Lezon,
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`that they quit cooperation with Nasza Sciana, will cease any mutual
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`dealings and will be taking their work elsewhere.
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`45.Lezon immediately started securing assets and online accounts, changing
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`passwords, etc.
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`46.AdaInski, long before that event, begun putting in life his business motto:
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`“Take other people ideas and treat them as your own” which he expressed
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`publicly, on too numerous occasions to list here. See: Generation young
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`leaders
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`interview
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`at WWW.generationYoungLeaders.com
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`and
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`http://wlww.generationyoungleaders.co1n/201 1/0 I/2-arthur—adamski-interview-
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`setting.html#more;
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`i. “(...) He also sheds light on his role as a partner in a promotions
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`company (j. ’’
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`"()Arthur is a partner for a promotions company. He started with a
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`Facebook group doing outdoor events (paintball, snow tubing, skiing,
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`etc.). Then it turned into night events and was approached by several
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`night clubs to promote parties. Now he is expanding their website to
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`attract more people. (. . .)”
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`iii. "() use what others have to say. Best thing is to learn flom others. And
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`then take those ideas, and use them as your own” < Emphasis added>
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`47.MoreoVer, Adarnski communicated to Lezon,
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`that Nasza Sciana is
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`in
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`existence only because of Adamskfs personal abilities, and that is Why he
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`

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`is taking away Nasza Sciana brand, trademark and logo, so as Radio
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`Rampa brand, trademark and logo, without anyone’s permission.
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`48.Clearly, Adamski was work for hire for Nasza Sciana, so this was opposed by
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`Lezon.
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`49.At that time became known fact to Lezon, that Adamski and Galik are in a
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`romantic relationship, and they came up with a pattern and plan to
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`defraud the Plaintiff and take assets away from the company — Nasza
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`Sciana LLC.
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`5U.Immed.iately after those happenings, Lezon checked and realized there is a
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`company in New Jersey registered with a name Radio Rampa, which
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`Adamski and Galik, were secretly organizing.
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`51.Defendants also started organizing events under “new” Nasza Sciana and
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`broadcasting as “new” Radio Rampa, but using the same names as Lezon
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`created as owner of Nasza Sciana, his trademark, property, intellectual
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`property and infringing upon the rights of Plaintiff.
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`52.Adamski’s actions were simply a dishonest plan, to get to know and take over
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`Lezon’s business contacts, know-how,
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`techniques and business modus
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`operandi, and therafter to copy it under his own name.
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`53.Lezon thru Plaintiff — Nasza Sciana, financed all those endeavors, believing
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`in good faith of Adamskfs and Galik’s good intentions.
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`54.Adamski, did not even bother to hide the fact that he will be operating under
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`his own name using Plaintiffs reputation, but also went step forward
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`

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`stealing brand,
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`trademark, and misappropriating the company and
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`creations of Lezon and Nasza Sciana.
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`55. See attached Exhibit F — printout from RadioRampa.com —— domain as of
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`today registered and owned by Defendants — on March 28, 2013 — after
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`Adamski and Galik officially split with Nasza Sciana (and Lezon) — where
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`they describe themselves in Polish language, as:
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`viii. Adamski: Founder of Radio Rampa.
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`(...) Chairman of
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`organization ofyoung Polish people Nasza Sciana. (...)
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`ix. Galik: Founder of Radio Rampa.
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`Same exhibit consists of business cards Defendants produced and were using,
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`before ceasing work with Plaintiff, which clearly shows representation of Nasza
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`Sciana Radio and Radio Rampa. Same exhibit consist of logos Plaintiff was
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`creating over time for the sake and benefit of Plaintiff, which established Nasza
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`Sciana Radio and Radio Rampa as marks.
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`56.In this massive scheme of trademarks misappropriation Defendants have no
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`shame, and went public to the press, since Galik is affiliated with Polish
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`press publishers and write articles herself, that are afterwards published.
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`57.Plaintiff never received any royalties, never signed any contracts with
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`Defendants, or had never given permission for such use.
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`58. Plaintiff claims that its business is harmed and will continue to be harmed by
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`such actions, and it loses profits and observes decreased sales figures.
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`

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`59.Furthermore, Defendant Adamski incurred profits from such actions, by
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`virtue of NS’s income that he was hiding from Lezon and not evidencing in
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`Quickbooks, from advertisement sales, and other sources. See Exhibit G
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`— email from Manager of Indiescree club in Brooklyn, stating that
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`Adamski signed an agreement with the club, received compensation.
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`Plaintiff never received any part of this compensation.
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`60.Defendants thinking that they will take over the marks by threatening
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`Plaintiff, retained counsel, alleging that Lezon has stolen (his own, sic!)
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`property.
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`61.In fact Adamski was buying audio-video equipment for the purposes of events
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`organized by Plaintiff - Nasza Sciana, using founds of Nasza Sciana, and
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`never returned the equipment.
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`62.Plaintiff referred this action to Plaintiffs counsel in March 2013, when he
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`was first contacted by Adamskfs counsel.
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`63.Beforehand,
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`long before anticipation of any legal actions by any party,
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`Plaintiff filed for federal registration of trademarks of Nasza Sciana and
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`Radio Rampa. See Attached herein Exhibit H - a true copy of the TESS
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`system printout documenting registration (and ownership by Plaintiff) for
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`both niarks: NASZA SCIANA and RADIO RAMPA.
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`64. Despite the settlement negotiations, Where Defendant Adarnski demanded
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`unrealistic terms and negotiations, they ended in fiasco.
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`

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`65.Plaintiff is forced to bring this action. This action is necessary in order to
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`recover
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`the value of
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`the monies misappropriated by Defendants’
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`fraudulent conduct, and to compel Defendants to stop misleading tens of
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`thousands of people in a community, by this shameful scheme.
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`66.As in May 2013 Defendants