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District Court for Eastern California

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COPYRIGHT, CIVIL, CLOSED

U.S. District Court Eastern District of California - Live System (Sacramento) CIVIL DOCKET FOR CASE #: 2:10-cv-02772-KJM-JFM

Masterfile Corporation v. Ross Assigned to: Judge Kimberly J. Mueller Referred to: Magistrate Judge John F. Moulds Demand: $152,000 Cause: 17:101 Copyright Infringement Date Filed 10/13/2010 # Docket Text

Date Filed: 10/13/2010 Date Terminated: 02/04/2011 Jury Demand: None Nature of Suit: 820 Copyright Jurisdiction: Federal Question

1 COMPLAINT for Damages, Profits, Injunctive and Other Equitable Relief for Federal Copyright Infringment and Removal of Copyright Management Information against eTrafficResults, Randy Ross by Masterfile Corporation. Attorney Weinberg, Steven Marc added. (Attachments: # 1 Civil Cover Sheet, # 2 Notice of Party With Financial Interest, # 3 Summons in a Civil Action)(Weinberg, Steven) (Entered: 10/13/2010) RECEIPT number #CAE200030244 $350.00 fbo Masterfile Corporation by Alex Martinez Jr on 10/13/2010. (Owen, K) (Entered: 10/13/2010) 3 SUMMONS ISSUED as to *Randy Ross* with answer to complaint due within *21* days. Attorney *Steven Marc Weinberg* *Cowan, Debaets, Abrahams & Sheppard LLP* *30765 Pacific Coast Highway, Suite 411* *Malibu, CA 90265*. (Owen, K) (Entered: 10/13/2010) 4 COPYRIGHT NEW CASE DOCUMENTS ISSUED as to Copyright #1:* VA 1-229-219 * (Attachments: # 1 Consent Form, # 2 Copyright Report, # 3 VDRP Form) (Owen, K) (Entered: 10/13/2010) 5 ORDER by Chief Judge Anthony W. Ishii: Due to the appointment of Judge Kimberly J. Mueller to the position of U.S. District Judge, this action is reassigned from *Judge Frank C. Damrell Jr.* to Judge Mueller for all further proceedings. (Donati, J) (Entered: 01/20/2011) 6 FIRST AMENDED COMPLAINT against Onsite Support, Inc. by Masterfile Corporation. (Attachments: # 1 Civil Cover Sheet, # 2 Summons) (Weinberg, Steven) (Entered: 01/31/2011) 7 SUMMONS ISSUED as to *Onsite Support, Inc.* with answer to complaint due within *21* days. Attorney *Steven M. Weinberg* *Cowan, Debaets, Abrahams & Sheppard LLP* *30765 Pacific Coast Highway, Suite 411* *Malibu, CA 90265*. (Marciel, M) (Entered: 02/01/2011) 8 NOTICE of VOLUNTARY DISMISSAL by Masterfile Corporation. (Weinberg, Steven) (Entered: 02/04/2011)

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LIVE 4.1.1 CM/ECF - U.S. District Court for Eastern California

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02/04/2011

9 NOTICE of VOLUNTARY DISMISSAL: pursuant to plaintiff's 8 Request, and FRCP 41(a)(1), this action is DISMISSED without prejudice. (Marciel, M) (Entered: 02/04/2011)

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Case 2:10-cv-02772-KJM-JFM Document 1

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1 COWAN, DEBAETS, ABRAHAMS & SHEPPARD LLP 2 30765 Pacific Coast Highway, Suite 411
Malibu, California 90265 Fax: (310) 457-9555

STEVEN M. WEINBERG (SBN 235581)

3 Tel: (310) 457-6100 4 Email: SMWeinberg@cdas.com 5 Attorneys for Plaintiff 6 Masterfile Corporation 7 8
COWAN DEBAETS ABRAHAMS & SHEPPARD LLP

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

9 10
30765 Pacific Coast Highway, Suite 411 Malibu, California 90265

11 12
MASTERFILE CORPORATION, Case No. COMPLAINT FOR DAMAGES, PROFITS, INJUNCTIVE AND OTHER EQUITABLE RELIEF FOR FEDERAL COPYRIGHT INFRINGEMENT AND REMOVAL OF COPYRIGHT MANAGEMENT INFORMATION

13 14 15
v. Plaintiff,

16 RANDY ROSS, d.b.a. eTrafficResults, , 17 18 19 20 21 22 23

Defendant.

Plaintiff Masterfile Corporation (Masterfile), by its attorneys Cowan, DeBaets,

24 Abrahams, & Sheppard LLP, as and for its Complaint against Defendant Randy Ross, d.b.a. 25 eTrafficResults, (collectively, Defendant), alleges as follows: 26 27 28
1 COMPLAINT FOR COPYRIGHT INFRINGEMENT

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1 2 3 4
1. This is an action for copyright infringement arising out of Defendants INTRODUCTION

5 unauthorized reproduction and use of original copyright protected photographs owned and 6 registered by Plaintiff Masterfile. Masterfile seeks injunctive and monetary relief for copyright 7 infringement under the provisions of the Copyright Act of the United States, as amended, 17 8 U.S.C. 101 et seq. and for and violations of the Digital Millennium Copyright Act, 17 U.S.C.
COWAN DEBAETS ABRAHAMS & SHEPPARD LLP

9 1201 et. seq. 10

30765 Pacific Coast Highway, Suite 411 Malibu, California 90265

11 12 13
2.

PARTIES

Plaintiff is a well known stock photography agency with offices at 3 Concorde

14 Gate, Fourth Floor, Toronto, Canada. Plaintiff is in the business of licensing reproduction rights 15 in photographs to users for a fee. 16
3. Upon information and belief, Defendant Randy Ross is a California resident

17 engaged in the business of providing internet based consulting services, doing business under the 18 name eTraffic Results. Upon information and belief defendant Randy Ross and defendant 19 Rosss business are both based in Grass Valley, California.. 20 21 22
4. JURISDICTION AND VENUE This Court has subject matter jurisdiction over this action pursuant to 17 U.S.C.

23 501(b) and 28 U.S.C. 1331 and 1338(a). 24

5. This Court has Court has personal jurisdiction over Defendant because Defendant

25 has a principal place of business in the State of California and in this district and does and 26 transacts business in this judicial district. 27 28
2 COMPLAINT FOR COPYRIGHT INFRINGEMENT 6. Venue is proper within this District pursuant to 28 U.S.C. 1391 and 1400.

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1 2 3
7. FACTS In or about March 11, 2010, Plaintiff discovered that Defendant was using one (1)

4 copyrighted photograph owned by Plaintiff (the Infringed Images) on the website 5 www.etrafficresults.com (the Website). 6
8. Plaintiff has complied in all respects with Copyright Act of the United States and

7 secured the exclusive right and privilege in and to the copyright in the Infringed Images by 8 registering its claim of copyright in the Infringed Images and receiving certificates of registration
COWAN DEBAETS ABRAHAMS & SHEPPARD LLP

9 from the Copyright Office under the following registration numbers: 10

30765 Pacific Coast Highway, Suite 411 Malibu, California 90265

11 Plaintiff Image 12 Identification Number 13 14 15

700-00166770

Copyright Registration Number

Registration Effective Date

VA 1-229-219

August 27, 2003

A copy of the certificate of registration for this Infringed Image (without the

16 Continuation Sheets), which was registered as an individual image within compilations, is 17 attached hereto as Exhibit A. 18
9. Without Plaintiffs knowledge or consent, Defendant reproduced the Infringed

19 Image and displayed the unauthorized copy on the Website. Defendant is not, and has never 20 been, licensed or otherwise authorized to use the infringed Image. 21
10. Plaintiff notified Defendant that Defendants unauthorized use of the Infringing

22 Image constitutes copyright infringement and provided Defendant with an opportunity to rectify 23 its infringing conduct, but Defendant has refused to so rectify its conduct. 24 25 26 27 28
3 COMPLAINT FOR COPYRIGHT INFRINGEMENT 11. Defendants conduct as aforesaid was willful. COUNT ONE (Copyright Infringement Under 17 U.S.C. 101 et seq.)

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12.

Plaintiff incorporates by reference each and every allegation contained in

2 paragraphs 1 through 11 above. 3

13. Defendants actions as described above constitute infringement of Plaintiffs

4 exclusive rights under its registered copyrights in violation of 17 U.S.C. 106 and 501. 5
14. Plaintiff is entitled to recover damages, which include its actual losses and any

6 and all profits Defendant have made as a result of its infringing conduct. 17 U.S.C. 504. 7
15. Plaintiff is entitled to recover actual damages in no less than the amount of

8 $30,150.00 or in lieu thereof, at Plaintiffs election, statutory damages in no less than the amount
COWAN DEBAETS ABRAHAMS & SHEPPARD LLP

9 of $150,000.00, plus attorneys fees and costs. 10

30765 Pacific Coast Highway, Suite 411 Malibu, California 90265

11 12 13 14
16.

COUNT TWO (Intentional Removal of Copyright Management Information Under 17 U.S.C. 1202(b)) Plaintiff incorporates by reference each and every allegation contained in

15 paragraphs 1 through 15 above. 16

17. Each of the Infringed Images copied contained embedded copyright management

17 information protected under 17 U.S.C. 1202(b). 18

18. Defendant intentionally removed the copyright management information with the

19 intent to induce, enable, facilitate, or conceal an infringement of Plaintiffs rights under the 20 Copyright Act. 21 22
19. 20. Defendants conduct as aforesaid is a violation of 17 U.S.C. 1202(b). By reason of said violation, Plaintiff is entitled to recover statutory damages

23 under 17 U.S.C. 1203(c) in the maximum amount of $2,500.00 for this circumvention, plus 24 costs and attorneys fees. 25 26 27 28
4 COMPLAINT FOR COPYRIGHT INFRINGEMENT WHEREFORE, Plaintiff prays for the following relief against Defendant: A. A judgment from this Court that Defendant (1) infringed Plaintiffs exclusive

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1 rights in the Infringed Images, and that this infringement was willful, and (2) wrongfully 2 removed Plaintiffs copyright management information embedded in the Infringed Images, and 3 that such removal was willful. 4
B. Permanent injunctive relief in the form of an order or orders requiring that

5 Defendant, and its respective officers, directors, principals, representatives, agents, servants, 6 employees, successors and assigns, and all persons acting in concert or participation with each or 7 any of them, or for them, be preliminarily and permanently enjoined and restrained from: 8
COWAN DEBAETS ABRAHAMS & SHEPPARD LLP

1.

copying, reproducing or making any unauthorized use of the Infringed

9 Images or any derivative thereof, in any form; and from 10

30765 Pacific Coast Highway, Suite 411 Malibu, California 90265

2.

importing, manufacturing, producing, distributing, circulating, selling,

11 offering for sale, advertising, promoting or displaying any simulation, reproduction, counterfeit, 12 or copy of any of the Infringed Images or any derivative thereof, or causing and/or participating 13 in such importation, manufacturing, producing, distributing, circulating, selling, offering for sale, 14 advertising, promoting or displaying any such items; and from 15
C. 3. removing any copyright management information from any other of

16 Plaintiffs images. 17
Preliminary and permanent injunctive relief in the form of an order or orders

18 requiring that Defendant turn over for destruction all unauthorized copies of the Infringed 19 Images and all derivatives thereof (including without limitation the Infringed Images) and any 20 item or thing displaying such copies, electronic and physical, in its possession, custody or 21 control; 22
D. An award for copyright infringement of actual damages in no less than the

23 amount of $30,150.00 or in lieu thereof, at Plaintiffs election, statutory damages in no less than 24 the amount of $ 150,000.00, plus attorneys fees and costs; 25 27 and 28
5 COMPLAINT FOR COPYRIGHT INFRINGEMENT E. An award of statutory damages for removal of copyright management information

26 in the maximum amount of $2,500.00 for the intentional removal, plus costs and attorneys fees;

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F.

Such other and further relief as the Court may deem just and proper.

2 Dated: October 8, 2010 Malibu, California 3 4 5 6 7 8

COWAN DEBAETS ABRAHAMS & SHEPPARD LLP

COWAN, DEBAETS, ABRAHAMS & SHEPPARD LLP

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30765 Pacific Coast Highway, Suite 411 Malibu, California 90265

By: ______________________________ Steven M. Weinberg Attorneys for Plaintiff MASTERFILE CORPORATION

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6 COMPLAINT FOR COPYRIGHT INFRINGEMENT

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COWAN DEBAETS ABRAHAMS & SHEPPARD LLP

EXHIBIT A TO COMPLAINT

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30765 Pacific Coast Highway, Suite 411 Malibu, California 90265

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7 COMPLAINT FOR COPYRIGHT INFRINGEMENT

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