Case 2:15-cv-06518-KSH-CLW Document 1 Filed 08/31/15 Page 1 of 15 PageID: 1

DAY PITNEY LLP

Paul J. Halasz (Attorney No. 022551991)
One Jefferson Road
Parsippany, New Jersey 07054-2891
(973) 966-6300
Of Counsel:
HOGAN LOVELLS US LLP
875 Third Avenue
New York, NY 10022
Attorneys for Plaintiff Harris Faulkner

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

HARRIS FAULKNER, a citizen of the State

of New Jersey,
Plaintiff,
v.

:
:
:
:

HASBRO, INC., a corporation of the State of

Rhode Island,
Defendant.

HONORABLE
Civil Action No. 15-

COMPLAINT

:
:
:
:

Plaintiff Harris Faulkner (Faulkner), by and through her undersigned counsel, for her
Complaint herein, alleges as follows:

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BACKGROUND
1.

Harris Faulkner, the uniquely named, acclaimed veteran journalist and author, has

worked for decades to establish and maintain her personal brand and laudable professional
reputation. Without Faulkners prior knowledge or consent, Defendant Hasbro, Inc. (Hasbro),
a multi-billion dollar toy company, willfully and wrongfully appropriated Faulkners unique and
valuable name and distinctive persona for its own financial gainby creating, manufacturing,
and distributing for sale a plastic toy hamster named Harris Faulkner as part of Hasbros
Littlest Pet Shop product line (the Harris Faulkner Hamster Doll). The packaging for the
Harris Faulkner Hamster Doll includes a TM symbol after Faulkners name which, according
to the packagings language, falsely signifies that Hasbro claims a United States trademark
interest in Faulkners name, when it in fact owns no such interest, registered or otherwise. The
packaging also contains a warning that the Harris Faulkner Hamster Doll is a CHOKING
HAZARD. By its unlawful actions, Hasbro has impliedfalselyFaulkners association with,
approval, and endorsement of Hasbro and/or the Harris Faulkner Hamster Doll and has violated
Faulkners right to control the use of her name and likeness. Through these actions, Hasbro has
caused substantial commercial and emotional damage to Faulkner. Accordingly, Faulkner brings
this action against Hasbro to recover damages for direct and contributory acts of unfair
competition in contravention of 43 of the Lanham Act and for violation of her right of publicity
pursuant to New Jerseys common law.
PARTIES, JURISDICTION, AND VENUE
2.

Plaintiff Faulkner resides in and is a citizen of the State of New Jersey. Faulkner

is a professional journalist, author, and public speaker. She is also a wife and mother of two
young girls, ages six and eight, and is known to reference her experiences as a working mother in
her professional endeavors.
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3.

Upon information and belief, Defendant Hasbro is a publicly traded corporation

organized under the laws of Rhode Island that sells, manufactures, and/or produces toys, games,
and entertainment products such as television programs and electronic Apps. Hasbros principal
place of business is in Pawtucket, Rhode Island.
4.

The Court has original jurisdiction over the claims in this action pursuant to 28

U.S.C. 1331, 1332, and 1338, as well as 15 U.S.C. 1121, because this civil action is
between citizens of different states and arises in part under the Lanham Act. The jurisdictional
minimum of 28 U.S.C. 1332(a) is met because Plaintiff seeks in excess of $75,000 in damages.
5.

This Court has personal jurisdiction over Hasbro based upon its contacts with

New Jersey, which include being registered in New Jersey to do business as a foreign for-profit
corporation and, upon information and belief, purposefully directing its activities to New Jersey
through, inter alia: taking online orders from consumers in New Jersey through
hasbrotoyshop.com, which is a forum for a business that is operated in part for use by New
Jersey customers; causing the Harris Faulkner Hamster Doll to be sold in New Jersey; and
posting advertisements and marketing products bearing Faulkners name, likeness, identity,
and/or persona on interactive commercial websites, in violation of her rights.
6.

Venue is proper in this District pursuant to 28 U.S.C. 1391(a) and 1391(b)

because events giving rise to the claims occurred in this District, insofar as Defendant used
Faulkners name, likeness, identity, or persona in New Jersey through, inter alia, marketing and
selling the Harris Faulkner Hamster Doll to New Jersey residents, directly and/or through other
merchants, on retail websites and in stores located in this District, and because the Defendant is
subject to personal jurisdiction here.

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FACTS
7.

Faulkner is a nationally known, six-time Emmy award-winning journalist with

more than two decades of experience. For the last ten years, Faulkner has been employed as a
news anchor and commentator on the Fox News Channel (FNC), the nations number-one
rated national cable television news network.

Faulkner first joined FNC in 2005 as a

correspondent. Since then, she has risen through the ranks to become what one leading industry
publication recently described as a ubiquitous presence on the network.1 Today, Faulkner
appears on the air six days a weekas the anchor for FNCs weekly, hour-long newscast of
record, Fox Report Weekend; as a host and panelist on FNCs enormously popular news and
editorial program, Outnumbered; and as a frequent contributor on the live, current events news
program, Happening Now. In addition to these regularly scheduled responsibilities, Faulkner
also serves as a breaking news anchor for the network.
8.

In her time at FNC, Faulkner has covered many major news stories. She has

anchored key moments of FNCs political coverage, including the 2013 government shutdown,
the 2013 State of the Union Address, the 2012 vice presidential debate, and the 2012 election
night. She has also reported on significant international news events, including the fall of Tripoli
in 2011 and the death of North Koreas Kim Jong-Il, as well as some of the most significant
domestic news in recent memory, from the death of Whitney Houston, to the trial of George
Zimmerman for killing Trayvon Martin, and the Emanuel A.M.E. Church shooting in
Charleston, South Carolina.
9.

Prior to joining FNC, Faulkner worked at a variety of local and national news

organizations. Her substantial experience in news, television, and radio includes serving as a

Brian Steinberg, At Fox News Channel, Harris Faulkner Has a Growing Presence, Variety,
March 19, 2015, http://variety.com/2015/tv/news/at-fox-news-channel-harris-faulkner-has-agrowing-presence-1201456126/.
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correspondent for the nationally syndicated television program, A Current Affair; as a substitute
anchor on The Nancy Grace Show; as the host of The Harris Faulkner Show on FM107 Radio in
Minneapolis, Minnesota; as the primary evening anchor for KSTP-TV in Minneapolis-Saint
Paul; as the primary evening anchor for WDAF-TV in Kansas City, Missouri; and as an anchor
and reporter in Greenville, North Carolina for WNCT-TV.
10.

In addition to her work as a journalist and anchor, Faulkner has also established

herself as an accomplished author and public speaker, frequently commanding substantial sums
for her professional speaking engagements. Faulkner is also well known as an advocate of antistalking legislation; indeed, in recognition of her efforts to instill courage in other women not to
accept victimization by stalkers, she received the Amelia Earhart Pioneering Achievement
Award.
11.

As a result of Faulkners long and varied career in journalism, her professional

integrity, and her hard work, Faulkner has been lauded with six Emmy Awards, including 2004
Emmys for Best Newscaster and Best News Special (Eyewitness to War). On April 21, 2015,
Faulkner was recognized as an innovator in the entertainment industry in Varietys 2015 New
York Womens Impact Report.2 More recently, Faulkner was described as a rising star in a
May 2015 Associated Press article that profiled her career and was published nationwide in the
New York Times3 and the Boston Herald.4

Variety Staff, New York Womens Impact Report, Variety, April 21, 2015,
http://variety.com/gallery/new-york-womens-impact-report/#!16/harris-faulkner-anchor-foxreportco-host-outnumbered-fox-news/.
3
The Associated Press, Harris Faulkner Considered Rising Star at Fox, The New York Times,
May
6,
2015,
http://www.nytimes.com/aponline/2015/05/06/arts/ap-us-tv-foxfaulkner.html?_r=0.
4
The Associated Press, Harris Faulkner Considered Rising Star at Fox, Boston Herald, May 6,
2015,
http://www.bostonherald.com/business/media_marketing/2015/05/harris_faulkner_considered_ri
sing_star_at_fox.
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12.

Defendant Hasbro is reported to be the worlds third-largest toy manufacturer,

with estimated sales topping $4 billion annually. Among the most popular and lucrative toy lines
manufactured by the company is the Littlest Pet Shop brand, which is largely comprised of
plastic miniature animals with exaggerated features (e.g., disproportionately large heads and
eyes). These plastic miniature animals are marketed under individualized names (e.g., Pepper
Clark the skunk and Sunil Nevla the mongoose). In addition to manufacturing and selling the
Littlest Pet Shop toys themselves, Hasbro markets and capitalizes on the brand through a
Littlest Pet Shop cartoon program, two electronic Apps/games (which are free to download,
but charge users fees to access certain game features), online videos, comic books, and stuffed
animals. Littlest Pet Shop toys have also been included in McDonalds Happy Meals more than
once.

The result, according to Hasbros most recent financial report, is an internationally

successful brand of toys estimated to generate hundreds of millions in revenue each quarter.5
13.

In 2014, Hasbro introduced the Harris Faulkner Hamster Doll to the Littlest Pet

Shop line. A photo of the Harris Faulkner Hamster Doll in its packaging is reproduced below:

Hasbro Reports Revenue and Operating Profit Growth for the First Quarter 2015,
http://investor.hasbro.com/releasedetail.cfm?releaseid=907255 (last visited August 27, 2015).
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14.

Upon information and belief, Defendant has sold the Harris Faulkner Hamster

Doll across the country and internationally, including in New Jersey, both in stores and online,
including but not limited to, through hasbrotoyshop.com, Target, target.com, walmart.com, WalMart, Amazon.com, toysrus.com, Toys R Us, and toywiz.com.
15.

Hasbros manufacture, sale, and distribution of the Harris Faulkner Hamster Doll

is extremely concerning and distressing to Faulkner.

In addition to its prominent and

unauthorized use of Faulkners name, elements of the Harris Faulkner Hamster Doll also bear a
physical resemblance to Faulkners traditional professional appearance, in particular tone of its
complexion, the shape of its eyes, and the design of its eye makeup. Hasbros capitalization on
Faulkners name, likeness, identity, and persona is underscored with the display of the TM
symbol after her name and a statement on the back of the packaging that this symbol denote[s]
U.S. Trademark[] thatfalselyclaims that Hasbro owns a United States trademark in Harris
Faulkner.
16.

The above is actionable because Hasbro never soughtand Faulkner never

gavepermission for her name, likeness, identity, or persona to be used in connection with the
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Harris Faulkner Hamster Doll. Nor did she assign, license, or otherwise consent to Hasbro
using her name as a trademark. Further, Faulkner does not endorse products of any kind, as
doing so would be a breach of journalistic ethics, would directly harm her professional
credibility, and would be in violation of her contractual obligations to her employer. This means
that Hasbro misappropriated Faulkners name, likeness, identity, or persona without consent, for
its own profit, for the purpose of capitalizing off of her good name and persona, all at Faulkners
expense.
17.

In addition to using Faulkners name to market and sell the Harris Faulkner

Hamster Doll, on the product packaging directly above the sticker displaying the Harris
Faulkner name is a message stating, See LittlestPetShop.com for app release date. This
instruction directs anyone who views Faulkners name on the Harris Faulkner Hamster Doll
packaging to Hasbros Littlest Pet Shop website. On that website, users can watch Littlest
Pet Shop videos, view content from the Littlest Pet Shop cartoon program, download Littlest
Pet Shop games and apps, and shop for Littlest Pet Shop toys. Thus, Hasbro is using
Faulkners name not just to sell the Harris Faulkner Hamster Doll, but to market its website and
the entire line of Littlest Pet Shop toys and entertainment products, including the cartoon
program and electronic apps.
18.

Hasbros use of Faulkners name, likeness, identity, or persona on the Harris

Faulkner Hamster Doll is particularly wrongful for several reasons. First, according to the Harris
Faulkner Hamster Dolls own packaging, the Harris Faulkner Hamster Doll is a CHOKING
HAZARD that is not suitable for young children. Faulkner is extremely distressed that her
name has been wrongly associated with a plastic toy that is a known choking hazard that risks
harming small children. Further, Hasbros portrayal of Faulkner as a rodent is demeaning and
insulting. Finally, since Faulkner does not, and as a journalist cannot, endorse commercial
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products, Hasbros use of her name in association with the Harris Faulkner Hamster Doll creates
the false impression that Faulkner would impugn her own professional ethics by agreeing to have
a commercial product named after her.
19.

Hasbros use of Faulkners name, likeness, identity, or persona is also particularly

blatant and wrongful because the evidence shows that it was willful. Faulkner put Hasbro on
notice that its use of her name, likeness, identity, or persona was illegal and unauthorized as
early as January 13, 2015, but as of February 6, 2015over three weeks laterthe Harris
Faulkner Hamster Doll was still available for sale on Hasbros own website. As of the date of
this Complaint, more than five months after Hasbro was put on notice of its wrongful activity,
Faulkners name is still being used on a website owned by Defendant to sell Littlest Pet Shop
toysindeed, at least through July 2015, on this page, consumers were directed to other websites
where the Harris Faulkner Hamster Doll could be purchased. Today, the product is still available
for sale on Amazon.com, toyztime.com, and elsewhere.
AS AND FOR A FIRST CAUSE OF ACTION
(Direct Liability for False Endorsement/Unfair Competition
Under the Lanham Act, 15 U.S.C. 1125(a))
20.

Plaintiff repeats and realleges the allegations of paragraph 1 through 19 of this

Complaint as if fully set forth herein.

21.

Defendant used Faulkners name, likeness, identity, or persona in interstate

commerce to identify a commercial product, the Harris Faulkner Hamster Doll, and/or other
goods and services associated with the Littlest Pet Shop toy line.
22.

Defendant used Faulkners name, likeness, identity, or persona in a manner that is

likely to cause confusion, mistake, or deception with respect to Hasbro, the Littlest Pet Shop
toy line, and/or their affiliation, sponsorship, approval, endorsement, or association with
Faulkner.
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23.

Such use constitutes a false endorsement and a false association that is likely to

confuse consumers as to whether Faulkner has sponsored or approved the Harris Faulkner
Hamster Doll, the Littlest Pet Shop toy line, and/or Hasbro.
24.

Plaintiff has already seen evidence of actual consumer confusion regarding

whether Faulkner has sponsored or approved the Harris Faulkner Hamster Doll, the Littlest Pet
Shop toy line, and/or Hasbro.
25.

Defendants actions violated 15 U.S.C. 1125(a).

26.

Defendants wrongful conduct as described above was willful.

27.

Defendants use of Faulkners name, likeness, identity, or persona has damaged

Faulkner in an amount to be determined at trial.

AS AND FOR A SECOND CAUSE OF ACTION
(Contributory Liability for False Endorsement/Unfair Competition
Under the Lanham Act, 15 U.S.C. 1125(a))
28.

Faulkner repeats and realleges the allegations of paragraph 1 through 27 of this

Complaint as if fully set forth herein.

29.

Upon information and belief, Defendant supplied domestic and international

companies (Re-Sellers) with the Harris Faulkner Hamster Doll for the purpose of the ReSellers marketing and re-selling the Harris Faulkner Hamster Doll to consumers.
30.

Defendant knew and/or had reason to know at the time that it sold the Harris

Faulkner Hamster Doll to Re-Sellers that it was not authorized to use Faulkners name, likeness,
identity, or persona in association with and endorsement of Hasbro, the Littlest Pet Shop toy
line, and/or the Harris Faulkner Hamster Doll.
31.

Upon information and belief, the Re-Sellers advertised for sale, displayed, and/or

sold for a profit the Harris Faulkner Hamster Doll bearing Faulkners name, likeness, identity, or
persona in stores and/or through commercial websites.
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32.

Upon information and belief, the Re-Sellers used Faulkners name, likeness,

identity, or persona in interstate commerce to identify a commercial product, the Harris Faulkner
Hamster Doll, and/or other goods and services associated with the Littlest Pet Shop toy line.
33.

Upon information and belief, the Re-Sellers used Faulkners name, likeness,

identity, or persona in a manner that is likely to cause confusion, mistake, or deception with
respect to Hasbro, the Littlest Pet Shop toy line, and/or the Harris Faulkner Hamster Dolls
affiliation, sponsorship, approval, endorsement, or association with Faulkner.
34.

Such use constitutes a false endorsement and a false association that is likely to

confuse consumers as to whether Faulkner has sponsored or approved the Harris Faulkner
Hamster Doll, the Littlest Pet Shop toy line, and/or Hasbro.
35.

Plaintiff has already seen evidence of actual consumer confusion regarding

whether Faulkner has sponsored or approved the Harris Faulkner Hamster Doll, the Littlest Pet
Shop toy line, and/or Hasbro.
36.

The Re-Sellers actions violated 15 U.S.C. 1125(a).

37.

The Re-Sellers use of Faulkners name, likeness, identity, or persona has

damaged Faulkner in an amount to be determined at trial.

38.

Upon information and belief, Defendant acted with an intent to induce the Re-

Sellers to infringe Plaintiffs rights under 15 U.S.C. 1125(a) by selling the Harris Faulkner
Hamster Doll to the Re-Sellers, and/or continued to supply the Harris Faulkner Hamster Doll to
the Re-Sellers when it knew or had reason to know that their resale of the Harris Faulkner
Hamster Doll would infringe Plaintiffs rights under 15 U.S.C. 1125(a).
39.

Defendants actions contributed to Re-Sellers violation of 15 U.S.C. 1125(a)

and caused Plaintiff damages.

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AS AND FOR A THIRD CAUSE OF ACTION

(Violation of Faulkners Right of Publicity)
40.

Faulkner repeats and realleges the allegations of paragraph 1 through 39 of this

Complaint as if fully set forth herein.

41.

Defendant misappropriated Faulkners name, likeness, identity, or persona for the

Harris Faulkner Hamster Doll and/or other goods and services associated with the Littlest Pet
Shop toy line.
42.

Defendant is using Faulkners name, likeness, identity, or persona for commercial

purposes without her consent.

43.

Defendant misappropriated Faulkners name, likeness, identity, or persona for the

Harris Faulkner Hamster Doll and/or other goods and services associated with the Littlest Pet
Shop toy line for its own use or benefit, including but not limited to, attracting consumers to
purchase the Harris Faulkner Hamster Doll and other Littlest Pet Shop toys and products, with
the false belief that Faulkner was associated with and/or endorsed Hasbro, the Littlest Pet Shop
toy line, and/or the Harris Faulkner Hamster Doll.
44.

Defendant appropriated Faulkners name, likeness, identity, or persona in

association with the Harris Faulkner Hamster Doll, the Littlest Pet Shop toy line, and/or
Hasbro for the purpose of appropriating the commercial and other values associated with
Faulkners name and likeness.
45.

Defendants actions violated Faulkners right of publicity under New Jersey

common law.
46.

Defendants use of Faulkners name, likeness, identity, or persona damaged

Faulkner in an amount to be determined at trial through, inter alia, causing her emotional distress
and suffering due to the false impression that she is associated with Hasbro, the Littlest Pet
Shop toy line, and/or the demeaning and insulting Harris Faulkner Hamster Doll, including but
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not limited to the fact that Faulkner is very concerned about the likelihood that a product bearing
her name could physically injure a small child because it is a known choking hazard.
47.

Hasbros wrongful actions also have diminished the value of Faulkners name,

likeness, identity, and persona. Hasbros false suggestion that Faulkner endorsed its product
directly impugns Faulkners journalistic integrity, by suggesting that she has entered into a
business relationship with the company (when she has not) and that she has lent her good name
to a demeaning plastic rodent (when she did not). These false associations unfairly damage her
credibility and her perceived independencewhich are both essential to the publics trust in her
as a journalist. In short, Hasbros unlawful and unauthorized actions have misappropriated the
commercial value of Faulkners name and persona, impaired her ability to do her job, and
harmed her professional marketability and the value of her brand.
WHEREFORE, Plaintiff respectfully prays that this Court grant Judgment to the
Plaintiff as to the above causes of action, as follows:
1.

Adjudging and decreeing that Defendant has impermissibly and falsely implied

Faulkners association and endorsement of Hasbro, the Littlest Pet Shop toy line, and/or the
Harris Faulkner Hamster Doll; has contributed to the infringing activities of its Re-Sellers, in
further violation of the Lanham Act; and has violated Faulkners right of publicity;
2.

Permanently enjoining and restraining Defendant from further violations and

misappropriations of Faulkners name, likeness, identity, or persona;

3.

Awarding Plaintiff damages, including without limitation, actual damages and

profits earned from the use of Faulkners name, likeness, identity, or persona, in the amount of
$5,000,000;
4.

Requiring Defendant to account to Plaintiff for any and all profits derived by it

through the violation of her rights;

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5.

Requiring Defendant to disgorge any fees, profits, or money to Plaintiff by which

it has been unjustly enriched; and

6.

Granting Plaintiff her costs and disbursements of this action, including reasonable

attorneys fees;
7.

Awarding Plaintiff pre-judgment and post-judgment interest on each and every

damage award; and

8.

Granting such other, further, or different relief as the Court deems just and proper.

JURY TRIAL DEMAND

Plaintiff demands trial by jury on all issues triable.
Dated: Parsippany, New Jersey
August 31, 2015
DAY PITNEY LLP
/s/ Paul Halasz
Paul Halasz
[email protected]
Dennis LaFiura
[email protected]
One Jefferson Road
Parsippany, NJ 07054-2891
ph: (973) 966 6300
fx: (973) 966 1015
Of Counsel:
Dori Ann Hanswirth, Esq.
Theresa M. House, Esq.
Patsy C. Wilson, Esq.
HOGAN LOVELLS US LLP
875 Third Ave
New York, New York 10022
ph: (212) 918-3000
fx: (212) 918-3100
Attorneys for Plaintiff Harris
Faulkner
*pro hac vice applications to be filed
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CERTIFICATION PURSUANT TO LOCAL RULE 11.2

I certify that, to the best of my knowledge, this matter is not the subject of any other
action pending in any court or of any pending arbitration or administrative proceeding.
/s/ Paul J. Halasz
Paul J. Halasz
DAY PITNEY LLP
One Jefferson Road
Parsippany, NJ 07054-2891
(973) 966-6300
[email protected]
Attorneys for Plaintiff

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DAY PITNEY LLP

One Jefferson Road
Parsippany, New Jersey 07054-2891
(973) 966-6300
Paul J. Halasz (Attorney No.: 022551991)
Attorneys for Plaintiff Harris Faulkner
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

HARRIS FAULKNER,
Plaintiff,

:
:

HONORABLE
Civil Action No. 15-

v.
HASBRO, INC.,
Defendant.

:
:

CERTIFICATION OF PAUL J.
HALASZ PURSUANT TO LOCAL
CIVIL RULE 201.1(d)(3)

PAUL J. HALASZ, of full age, hereby certifies as follows:

1. I am a member of the law firm of Day Pitney LLP, counsel of record for plaintiff
Harris Faulkner (Faulkner).
2. Pursuant to Local Civil Rule 201.1(d)(1), I certify that Faulkners Complaint
seeks non-monetary relief.

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3. Pursuant to Local Civil Rule 201.1(d)(3), I certify that the damages claimed in
Faulkners Complaint exceed the sum of $150,000 exclusive of interest, costs, and any claim for
punitive damages, and that this case is therefore exempt from compulsory arbitration.

I hereby certify that the foregoing statements made by me are true. I am aware that if any
of the foregoing statements are willfully false, I am subject to punishment.

/s/ Paul J. Halasz

Paul J. Halasz
DAY PITNEY LLP
One Jefferson Road
Parsippany, NJ 07054-2891
(973) 966-6300
[email protected]

Dated: August 31, 2015

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