Case 8:14-cv-02971-CEH-TBM Document 1 Filed 11/26/14 Page 1 of 26 PageID 1

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
FOURSTAR GROUP USA, INC.
Plaintiff,
v.

Case No.

DEAL GENIUS, INC., AMAZON.COM, INC.,

and BUY.COM, INC. d/b/a RAKUTEN.COM,
Defendants.
_______________________________________/
COMPLAINT AND DEMAND FOR JURY TRIAL
(Injunctive Relief Sought)
Plaintiff, Fourstar Group USA, Inc. (Fourstar), sues Defendants, Deal Genius,
Inc. (Deal Genius), Amazon.Com, Inc. (Amazon), and Buy.Com, Inc. d/b/a
Rakuten.com (Rakuten), and alleges the following:
NATURE OF THE ACTION
1.

This is an action for Defendants infringement of Fourstars federally-

registered copyright.
THE PARTIES
2.

Plaintiff, Fourstar, is a Delaware corporation with a major office located in

Clearwater, Florida.
3.

Defendant, Deal Genius, is an Illinois corporation with its principal place

of business in Chicago, Illinois. Deal Genius is an online retailer, and flash deals site,
that uses its interactive website, www.dealgenius.com, to advertise, market, offer for sale,
and sell goods, including the infringing goods at issue, online.

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4.

Defendant, Amazon, is a Delaware corporation with its principal place of

business in Seattle, Washington. Amazon is an online retailer that uses its interactive
website, www.amazon.com, to advertise, market, offer for sale, and sell goods, including
the infringing goods at issue, online. Amazon operates two large fulfillment centers
within this judicial district. One of Amazons large fulfillment centers is located in
Ruskin, Hillsborough County, and the other is in Lakeland, Polk County, Florida.
5.

Defendant, Rakuten, is a Delaware corporation with its principal place of

business in Aliso Viejo, California. Rakuten is an online retailer that uses its interactive
website, www.rakuten.com, to advertise, market, offer for sale, and sell goods, including
the infringing goods at issue, online.
JURISDICTION AND VENUE
6.

This is an action, pursuant to 17 U.S.C. 501 et seq., seeking preliminary

and permanent injunctive relief, other equitable relief, recovery of Fourstars actual
damages and an award of the profits realized by Deal Genius, Amazon, and Rakuten or,
alternatively, statutory damages. Fourstar also seeks recovery of the costs, expert fees,
and attorneys fees it incurs as a result of Defendants infringement of Fourstars rights
granted under the Copyright Laws of the United States.
7.

This Court possesses subject matter jurisdiction over this case under 28

U.S.C. 1331 and 1338 because this is an action by Fourstar under the Copyright Laws
for Defendants infringement of Fourstars copyright.
8.

This Court possesses personal jurisdiction over Defendants because they

are infringing Fourstars federally protected copyright rights within this judicial district,

Case 8:14-cv-02971-CEH-TBM Document 1 Filed 11/26/14 Page 3 of 26 PageID 3

have delivered the infringing goods at issue in this judicial district, and because they
maintain interactive websites through which users residing in Florida may their infringing
goods over the internet.
9.

Venue properly lies in this judicial district under 28 U.S.C. 1391(b)(2)

because a substantial part of the events giving rise to the claims in this case occurred in
this judicial district, including, but not limited to, the advertising, marketing, and offering
for sale of the Defendants infringing goods via their websites in this judicial district and
the shipment of those infringing products to Clearwater, Florida.
10.

All conditions precedent to the maintenance of this action have occurred,

been performed, or have been excused or waived.

COUNT I FEDERAL COPYRIGHT INFRINGEMENT
AGAINST DEAL GENIUS, AMAZON, AND RAKUTEN
11.

Fourstar realleges and incorporates by reference the allegations in

paragraphs 1 through 10 above as if set forth fully herein.

12.

Fourstar specializes in the creation, development, sourcing, and sale of

products, including decorations, food and candy, general merchandise, and household
goods, for sale to the public by retail mass merchandisers.
13.

In connection with developing a new product line, Fourstar designed and

authored original, holiday-themed artwork and sculpture titled Christmas Solar which
artwork and sculpture was first published on March 25, 2011. Fourstars Christmas Solar
Artwork includes artwork and sculpture of a penguin (Fourstars Penguin Artwork) and
a snowman (Fourstars Snowman Artwork).

Case 8:14-cv-02971-CEH-TBM Document 1 Filed 11/26/14 Page 4 of 26 PageID 4

14.

On December 6, 2011, Fourstar obtained a Federal copyright, registration

number VA 1-798-928, for Fourstars Penguin Artwork and Fourstars Snowman

Artwork (Fourstars Christmas Copyright). True and accurate copies of the Certificate
of Registration and the copyright deposit for Fourstars Christmas Copyright are attached
hereto as Composite Exhibit A.
15.

Fourstar recently discovered that Deal Genius, Amazon, and Rakuten were

and are selling to the public, through their interactive websites, products that infringe
Fourstars Christmas Copyright.
16.

Deal Genius continues to advertise, market, and sell products called Solar

Power Dancing Snowman & Penguin (the Infringing Christmas Products), which
exactly copy Fourstars Penguin Artwork and Fourstars Snowman Artwork. A screen
shot of Deal Genius website showing the Infringing Christmas Products is attached as
Exhibit B.
17.

Amazon continues to advertise, market, and sell the Infringing Christmas

Products, which were and are fulfilled by Deal Genius. A screen shot of Amazons
website showing the Infringing Christmas Products is attached as Exhibit C.
18.

Rakuten continues to advertise, market, and sell the Infringing Christmas

Products, which were and are fulfilled by Deal Genius. A screen shot of Rakutens
website showing the Infringing Christmas Products is attached as Exhibit D.
19.

Deal Genius, Amazon, and Rakuten are each disseminating and selling the

Infringing Christmas Products without Fourstars permission or consent.

Case 8:14-cv-02971-CEH-TBM Document 1 Filed 11/26/14 Page 5 of 26 PageID 5

20.

The actions of Deal Genius, Amazon, and Rakuten regarding the

Infringing Christmas Products constitute infringement of Fourstars Christmas Copyright

in violation of 17 U.S.C. 501.
21.

As a result of Deal Genius, Amazon, and Rakuten infringing Fourstars

Christmas Copyright, Fourstar has suffered and continues to suffer damages, and is
entitled to all remedies provided by Chapter 5 of Title 17, United States Code.
22.

Upon information and belief, the copyright infringement by Deal Genius,

Amazon, and Rakuten will continue unless enjoined by this Court.

23.

Fourstar has suffered irreparable injury and has been damaged by the

infringing activities of Deal Genius, Amazon, and Rakuten, and will continue to suffer
damages and irreparable injury unless such infringing actions are enjoined by this Court.
24.

Fourstar has no adequate remedy at law to prevent the injuries caused by

the continuing infringement by Deal Genius, Amazon, and Rakuten.

25.

Given the clear infringement by Deal Genius, Amazon, and Rakuten of

Fourstars copyright, Fourstar will likely prevail on the merits of this action.
26.

The balance of the hardships and public interest require that Deal Genius,

Amazon, and Rakuten immediately and permanently cease its infringing activities.
27.

Fourstar has retained the law firm of Fee & Jeffries, P.A. to vindicate its

rights against Deal Genius, Amazon, and Rakuten and is obligated to pay reasonable
attorneys fees for its attorneys services.

Case 8:14-cv-02971-CEH-TBM Document 1 Filed 11/26/14 Page 6 of 26 PageID 6

WHEREFORE, Fourstar respectfully requests this Court to:

A.

Enter judgment in Fourstars favor and against Deal Genius, Amazon, and

Rakuten;
B.

Award to Fourstar and against Deal Genius, Amazon and Rakuten:

1)

Fourstars actual damages;

2)

Deal Genius profits from its sales of the Infringing Christmas

Products;

3)

Amazons profits from its sales of the Infringing Christmas

Products;

4)

Rakutens profits from its sales of the Infringing Christmas

Products;

5)

statutory damages, as an alternative to Fourstars actual damages

and the profits of Deal Genius, Amazon, and Rakuten; and

6)

the attorneys fees, expert fees, and costs incurred by Fourstar as a

result of the infringement of Fourstars Christmas Copyright by
Deal Genius, Amazon, and Rakuten.

C.

Preliminarily and permanently enjoin Deal Genius, Amazon, and Rakuten

from further infringing, or in any way benefiting from their past infringement of,
Fourstars Christmas Copyright, specifically including, but not limited to, enjoining the
advertising, marketing, disseminating, selling, and offering for sale the Infringing
Christmas Products; and
D.

Grant Fourstar all additional relief that this Court deems appropriate.

Case 8:14-cv-02971-CEH-TBM Document 1 Filed 11/26/14 Page 7 of 26 PageID 7

DEMAND FOR JURY TRIAL

Fourstar hereby demands a trial by jury on all issues so triable.

Dated: November 26, 2014

Respectfully submitted,

/s/ Richard E. Fee

Richard E. Fee
Florida Bar No. 813680
Jillian L. Feltham
Florida Bar No. 58383
FEE & JEFFRIES, P.A.
1227 N. Franklin Street
Tampa, Florida 33602
(813) 229-8008
(813) 229-0046 (Facsimile)
rfee@feejeffries.com
jfeltham@feejeffries.com
Counsel for Plaintiff,
Fourstar Group USA, Inc.

Case 8:14-cv-02971-CEH-TBM Document 1 Filed 11/26/14 Page 8 of 26 PageID 8

COMPOSITE
EXHIBIT A

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Complaint - Composite Ex. A - Page 1

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Complaint - Composite Ex. A - Page 2

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Complaint - Composite Ex. A - Page 3

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Complaint - Composite Ex. A - Page 4

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Complaint - Composite Ex. A - Page 5

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Complaint - Composite Ex. A - Page 6

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Complaint - Composite Ex. A - Page 7

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Complaint - Composite Ex. A - Page 8

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Complaint - Composite Ex. A - Page 9

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Complaint - Composite Ex. A - Page 10

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Complaint - Composite Ex. A - Page 11

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Complaint - Composite Ex. A - Page 12

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EXHIBIT B

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EXHIBIT C

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EXHIBIT D

http://www.rakuten.com/prod/solar-powered-dancing-snowman-penguin-set-christmas-holiday-figure...
Case 8:14-cv-02971-CEH-TBM Document 1 Filed 11/26/14 Page 26 of 26 PageID 26

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Learn more about Solar Powered Dancing Snowman & Penguin Set Christmas
Holiday Figure Decoration:
Manufacturer: Made in China
Package Weight: 0.33 lbs

Mfg Part#: 30057

UPC: 898806300574
Sales Rank: 83458

Sku: 257395110
UPC 14: 00898806300574

See more in Holiday Dcor

I could watch these guys dance all day. Actually, I have one on my desk just bopping away right now. Solar Powered Mr. Penguin and Mr. Snowman are simply mesmerizing. They are
adorable, festive, and (since they're solar powered) easy. No annoying plugs or batteries. They have adhesive on the bottom so you can peel and stick them to your car dashboard. Or,
avoid the stick, and just stand them on the fireplace mantle, or anywhere else a fun decoration belongs. These are the perfect stocking stuffer. At this price you can afford to stuff a lot of
stockings, so spread the joy.

Features
Approximately 4.25"(L) x 2.25"(D) x 3.5"(W)
Solar Powered Figurines
They Dance in the Light

11/26/2014

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