Index No. 524343/2025 | NY Sup. Ct., Kings County | Hon. Brian L. Gotlieb, J.S.C. Count V: NY Civil Rights Law Sections 50-51 -- Misappropriation of Name
| Element | Proof | Source |
|---|---|---|
| Use of name | ADMITTED by Defendant | Answer Paragraphs 32, 72 |
| For trade purposes | $32.7M in trust receipts, 100% from Litman-originated clients | Trust Ledger |
| Without consent | No consent document produced; Combination Agreements silent on name use | Discovery Response #1; Contract audit |
| Causation | 16 Powers of Attorney signed personally by Goldberg (Reg. 44126) | POA Table (Exhibit A) |
| Knowledge | 1,598 USPTO notification emails delivered to Goldberg's inbox | Email archive |
| Control | Jan 2025 switchover -- replaced Litman with Goldberg on patent records in one week | Patent Grant XML |
| Date | Event |
|---|---|
| 6/15/2020 | Litman disabled; agreement terminated per Goldberg's own arbitration position |
| 4/30/2021 | Litman emails: "does not include the right to use my name" |
| 5/21/2021 | Harkins tells client: "he doesn't work here anymore" (Goldberg CC'd) |
| 1/30/2023 | Goldberg texts: "what would be considered legal vs. fraud?" |
| 6/14/2023 | Arbitration: "Litman's status ceased" / "treated as if he had died" |
| 6/19/2023 | Goldberg directs new POA filing -- 5 days after arbitration |
| 12/21/2023 | Goldberg signs POA and assignment cover sheet on the same day (190 days post-arb) |
| 1/17/2025 | Goldberg signs most recent POA |
| 1/14-21/2025 | Switchover: Litman's name replaced by Goldberg on Line 74 of patent records |
| 7/21/2025 | Complaint filed |
| Metric | Value |
|---|---|
| Patents bearing Litman's name (post-6/15/2020) | 905 |
| Powers of Attorney signed by Goldberg | 16 |
| USPTO notification emails to Goldberg | 2,697 |
| Trust receipts from Litman-originated clients | $32.7M |
| Trust receipts post-6/15/2020 | $24.5M |
| Goldberg-directed trust transactions | 95 |
| Post-switchover patents (all listing Goldberg) | 205 |
| Consent documents produced by Defendant | 0 |
| Position A | Position B | Significance |
|---|---|---|
| "The Combination Agreements authorize name use" (RFA #7) | "Purely as a courtesy" (BOP #8) | Cannot be both contractual right and gratuitous courtesy |
| "Agreement terminated 6/15/2020" (Arbitration position) | "Agreement is consent basis" (Discovery Response #1) | Claims contract was over, then relies on it for consent |
| "Unable to recall signing POAs" (RFA #3) | 16 authenticated POA signatures under oath in federal proceedings (Exhibit A) | Denial contradicted by his own sworn filings |