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MONDELLO & SCHECHTER, P.A.
Attorneys At Law
0-100 27th Street
Fair Lawn, N.J. 07410
(201) 703-9400
SS 2358

_________________________________________

PAULINE BARBARA HAILWOOD, individually and as Beneficiary of and successor to the Estate of Michael Hailwood, M.B.E.,

DUCATI MOTOR HOLDING, S.p.A., an Italian Corporation, DUCATI MOTOR S.p.A., an Italian Corporation, DUCATI NORTH AMERICA a New Jersey Corporation, XYZ CORPORATIONS 1 through 100 (fictitious names representing Authorized Ducati Dealerships in the United States of America),

__________________________________________:

Plaintiff, Pauline Barbara Hailwood, individually and as beneficiary of the Estate of Michael Hailwood, M.B.E., G.M., and as successor-in-interest to the Estate of Michael Hailwood, M.B.E., G.M., by way of Complaint against the defendants, Ducati Motor Holding, S.p.A., an Italian Corporation, Ducati Motor S.p.A., an Italian Corporation, Ducati North America, a New Jersey Corporation, and XYZ Corporations 1 through 100, being fictitious names representing Authorized Ducati Dealerships within the United States of America, for false endorsement of a product under the Lanham Act (15 U.S.C. Section 1125 et seq), violation of common law right of publicity, false advertising under the Lanham Act, unfair competition, and unjust enrichment, states:

JURISDICTION AND VENUE

1. The Court has subject matter jurisdiction over the claims in this action which relate to trademark infringement and unfair competition pursuant to the provisions of 15 U.S.C. Section 1121 et seq., 28 U.S.C. Section 1338(a), as well as pendent jurisdiction over any state law claims asserted herein pursuant to 28 U.S.C. Section 1367(a) et seq. Jurisdiction also arises under 28 U.S.C. Section 1332(a) as the amount in controversy exceeds $75,000.

2. Venue is proper in the United States District Court for the District of New Jersey under 28 U.S.C. Section 1391 et seq.

THE PARTIES

Plaintiff Pauline Barbara Hailwood is the widow of Michael Hailwood, M.B.E.,G.M., and the successor in-interest and beneficiary of all rights and privileges of the Estate of Michael Hailwood, M.B.E., G.M. Pauline Hailwood also served as the Executrix of the Estate of Michael Hailwood, M.B.E., G.M. Michael Bailey Hailwood, M.B.E., G.M. died in 1981.

4. Plaintiff resides in the City of Malaga, in the Country of Spain.

5. On information and belief, defendant Ducati Motor Holding S.p.A. ("DMH@) is a foreign corporation, with its principal place of business in Bologna, Italy.

On information and belief, defendant Ducati Motor, S.p.A. is a foreign corporation with its principal place of business located within the Country of Italy.

7. On information and belief, defendant Ducati North America ("Ducati") is a New Jersey corporation, with its principal place of business in Pompton Plains, NJ, and is a wholly owned subsidiary of DMH.

8. Defendants XYZ Corporations are fictitious names representing authorized Ducati motorcycle dealerships within the State of New Jersey and throughout the United States of America.

9. Defendants, and each of them, are individuals and business entities, who, upon information and belief, are acting in concert and active participation with each other in committing the wrongful acts alleged herein, and are directly, vicariously and/or contributorily liable for the acts alleged herein.

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