# Case Paint by Numbers — Litman v. Goldberg

**Purpose:** Step-by-step legal framework so counsel can execute the recommended case quickly.  
**Disclaimer:** This is advice/draft material. Counsel decides whether to adopt it. Final filings must be drafted by a licensed attorney.

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## 1. The Case We Recommend

**Surviving claim:** NY Civil Rights Law §§ 50–51 — unauthorized use of name for advertising or trade.

**Theory:** Goldberg **personally participated** in using Litman's name on patents and the firm website after Litman's authority ceased (6/15/2020). Under LLC Law § 609 and *Turane v. MGN, LLC*, an LLC member is personally liable when they personally participate in the tort — not generic veil-piercing.

**What the judge said (Dec 5, 2025 bench ruling):** Enough at this stage to show a potential triable issue as to whether Goldberg acted in his personal capacity.

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## 2. Statutory Framework (Cite These)

| Authority | Citation | Use |
|-----------|----------|-----|
| **Civil Rights Law § 50** | N.Y. Civ. Rights Law § 50 | Bars use of name for advertising or trade without written consent |
| **Civil Rights Law § 51** | N.Y. Civ. Rights Law § 51 | Authorizes suit against "person, firm or corporation" doing the use; damages + exemplary damages for knowing use |
| **LLC Law § 609** | N.Y. Ltd. Liab. Co. Law § 609 | Member not liable solely due to LLC status — but may be liable when they **personally participate** in the tort |
| **Turane v. MGN, LLC** | 171 A.D.3d 835 (2d Dep't 2019) | LLC members personally liable when they personally participate in the tort |

**Do not rely on:** Michnick v. Parkell Prods. (fiduciary/accounting theories — dismissed).

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## 3. Elements to Prove

| Element | Evidence |
|---------|----------|
| **Use of name** | 905 patents with Litman on Line 74; website "PATENT ATTORNEY" through June 2025 |
| **For advertising/trade** | Patent prosecution = commercial; firm website = advertising |
| **Without consent** | Litman's authority ceased 6/15/2020 |
| **Goldberg personally participated** | POA signatures (same-app pairings strongest); assignment submitter (leads); Line 74 control; website control |
| **Knowing use** | Post-arbitration (6/14/23); continued through 2025 |

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## 4. Evidence → Argument Mapping

| Argument | Evidence | Location |
|----------|----------|----------|
| Goldberg personally signed | POA forms (4 exemplars) | evidence/poa/ |
| Goldberg submitted while Litman in correspondent block | Assignments 18/392,663 (Docket 33150.15U, Patent 11,980,937); 18/383,448 (33135.22U); 18/118,551 (33090.24U) | evidence/assignments/; Assignment Center links |
| Goldberg's name in IFEE forms | 18/18 OCR-verified; does not establish submitter without filing image | output/IFEE_SUBMITTER_RESULTS.md; evidence/ifw_ifee/ |
| Goldberg controlled Line 74 | 212 KFU patents with Goldberg on Line 74 since 2024 | output/KFU_GOLDBERG_PATENTS_212_RESULTS.csv |
| Goldberg controlled website | Co-Managing Partner; Litman "PATENT ATTORNEY" through June 2025 | evidence/website/; output/WEBSITE_CHANGE_EVIDENCE_AND_ATTRIBUTION.md |
| Scale of use | 905 patents since 6/15/2020 | MASTER_PATENT_LIST_CHRONOLOGICAL.csv |
| SOL-safe exemplars | 12 patents post-7/21/24 | output/EXHIBIT_A_FRONT_PAGES.pdf; SOL_EXHIBIT_LIST_POST_7_21_2024.csv |

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## 5. Suggested Argument Structure (Motion / Brief)

1. **Introduction** — Civil Rights Law §§ 50–51; surviving claim; personal-participation theory.
2. **Facts** — Goldberg personally signed POA (82A) in same applications that issued with Litman on Line 74 (18/242,465, 18/511,800); assignment submitter (leads); Litman's name on Line 74 and website; all after 6/15/2020.
3. **Legal standard** — § 51 allows suit against person who does the use; LLC Law § 609 does not shield members who personally participate; *Turane*.
4. **Application** — Goldberg's signatures and control prove personal participation; not merely LLC status.
5. **Damages** — Statutory under § 51; exemplary for knowing use.
6. **Conclusion** — Triable issue; deny summary judgment (or as appropriate).

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## 6. Key Phrases to Use

- "Goldberg **personally signed** Power of Attorney forms"
- "Goldberg **personally submitted** assignment cover sheets"
- "Goldberg's name appears in **18 of 18** Issue Fee Payment forms"
- "Goldberg, as Co-Managing Partner, **controlled** the firm website"
- "Goldberg **directed or permitted** the use of Litman's name"
- "**Personal participation** in the tort" (Turane)
- "Not veil-piercing — **direct personal liability** for own acts"

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## 7. Documents to File / Serve (Counsel Decides)

- RFP responses (with completion affirmation)
- Bill of Particulars (patent list from BOP_PATENT_LIST.md)
- Production (per EVIDENCE_RFP_MAPPING.md, PRODUCTION_INDEX.md)
- Motion papers (if applicable) — use argument structure above

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## 8. Quick Reference — File Locations

| Need | File |
|------|------|
| Best evidence summary | output/BEST_EVIDENCE_MEMO.md |
| Full defense narrative | output/LITMAN_DEFENSE_REPORT.md |
| Legal theory (judge's ruling) | output/RFP_AND_BOP_FEEDBACK_MEMO.md |
| Evidence → RFP mapping | output/EVIDENCE_RFP_MAPPING.md |
| Patent list for BOP | output/BOP_PATENT_LIST.md |
| Confidence labels | output/DATA_CONFIDENCE_LABELS.md |
| Manual lookup (if API failed) | output/MANUAL_LOOKUP_INSTRUCTIONS.md |