What changed in this filing

/stocks — the workspaceLOADING

Item 3. Legal Proceedings

2023-04-19 compared with 2022-04-06 · 29 added, 45 removed, 3 unchanged (96% of the section changed)

LEGAL PROCEEDINGS

From time to time, we

may become involved in various lawsuits and legal proceedings, which arise in the ordinary course of business.

Litigation is subject

to inherent uncertainties, and an adverse result in these or other matters may arise from time to time that may harm our business.

as set forth below, we are currently not aware of any such legal proceedings or claims that will have, individually or in the aggregate,

a material adverse effect on our business, financial condition or operating results.

On or about June 25,

2020, Home Revolution, LLC (“Home Revolution”) filed a lawsuit in the United States District Court for the District of New

Jersey, Home Revolution, LLC, et al.

Jerrick Media Holdings, Inc.

et al., Case No.

2:20-cv-07775-JMV-MF.

The Complaint alleges, among

other things, that Creatd, Inc.

breached the Membership Interest Purchase Agreement, as modified, and ancillary transaction documents

in connection with the acquisition of Seller’s Choice, LLC, from Home Revolution in September 2019.

The Complaint additionally alleges

violation of the New Jersey Uniform Securities Law, violations of the Exchange Act and Rule 10b-5 thereunder, fraud, equitable accounting,

breach of fiduciary duty, conversion and unjust enrichment.

Plaintiff also sought to have a receiver appointed by the Court to take

over Creatd’s operations.

After substantial motion practice, Creatd successfully settled this dispute from June 2020 for a

total of $799,000, which includes $660,000 of note principal and $139,000 of accrued interest.

The matter has been dismissed on March

On or about August 30, 2021, Robert W.

Monster and Anonymize, Inc.

(“Monster”) filed a lawsuit in the United States District Court for the Western District of Washington at Seattle, Robert

Monster, et al.

Creatd, Inc., et al.

(Western District of Washington at Seattle 2:21-CV-1177).

The Complaint alleges, among other

things, that action for Declaratory Judgment under 28 U.S.C.

§ 2201 that Monster’s registration and use of the internet domain

name VOCL.COM (the “Domain Name”) does not violate Creatd’s rights under the Anticybersquatting Consumer Protection

Act (“ACPA”), 15 U.S.C.

§ 1125(d), or otherwise under the Lanham Act, 15 U.S.C.

§ 1051 et seq.

Creatd claims trademark

rights and certain other rights with respect to the term and the domain name VOCL.COM.

Monster seeks a determination by the Court

that Monster’s registration and/or use of VOCL.COM is not, and has not been in violation of the ACPA, and that Plaintiffs’

use of VOCL.COM constitutes neither a violation of the ACPA nor trademark infringement or dilution under the Lanham Act.

believes the lawsuit lacks merit and will vigorously challenge the action.

At this time, we are unable to estimate potential damage exposure,

if any, related to the litigation.

From time to time, we may become involved in various

lawsuits and legal proceedings, which arise in the ordinary course of business.

Litigation is subject to inherent uncertainties, and an

adverse result in these or other matters may arise from time to time that may harm our business.

Except as set forth below, we are currently

not aware of any such legal proceedings or claims that will have, individually or in the aggregate, a material adverse effect on our business,

financial condition or operating results.

WHE Agency Inc., et al

A complaint against WHE, Creatd and Jeremy Frommer filed December 22, 2022, was filed in the Supreme Court of the State of New York, New

York County, by Jessica Skube, making certain claims alleging conversion, trespass to chattel, unjust enrichment, breach of contract,

fraud in the inducement, seeking damages of $161,000 and punitive damages of $500,000.

Skube filed an Order to Show Cause, which the Company

opposed, which is currently pending.

Given the premature nature of this case, it is still too early for the Company to make an assessment

liability, but the $161,000 figure is far more likely than the $500,000.

Lind Global v.

A complaint against Creatd dated September 21, 2022, has been filed in the Supreme Court of the State of New York, New York County, by

Lind Global Macro Fund LP and Lind Global Fund II LP, making certain claims alleging breach of contract related to two Securities Purchase

Agreements executed on May 31, 2022, seeking damages in excess of $920,000.

The Company filed a Motion to Dismiss, which is currently

Given the premature nature of this case, it is still too early for the Company to make an assessment as to liability.

Laurie Weisberg v.

A confession of judgment against Creatd dated September 2, 2022, has

been filed in the Supreme Court of the State of New York, New York County, by Laurie Weisberg, making certain claims alleging breach of

contract related to an executive separation agreement also dated September 2, 2022, seeking damages of approximately $415,000 and legal

fees amounting to approximately $5,000.

The Company and Ms.

Weisberg are actively negotiating in an attempt to resolve the dispute.

the premature nature of this matter, is still too early for the Company to make an assessment as to liability.

MINE SAFETY DISCLOSURES

1 unchanged sentence

Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.

What changed 10-K

Item 3. Legal Proceedings