Complaint Renee Baker v. K&K Interiors

8/2/2019 Complaint Renee Baker v. K&K Interiors

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COMPLAINT WITH REQUEST FOR PERMANENT

INJUNCTIVE RELIEF AND DAMAGES AND JURY DEMAND Page 1

IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXAS

TYLER DIVISION

RENEE BAKER, Plaintiff,

vs. Civil Action No.

K&K INTERIORS, INC., 6:12-cv-251STEIN MART, INC., DEBRA MCMURRAY dba CREATIVE QUILTS, and JURY DEMANDEDCAROL STRAWN dba FULL LIFE PHOTOGRAPHY,

Defendants.

COMPLAINT WITH REQUEST FOR

PERMANENT INJUNCTIVE RELIEF AND DAMAGES AND JURY DEMAND

TO THE HONORABLE UNITED STATES DISTRICT COURT:

Plaintiff, Renee Baker, for her complaint against Defendants K&K Interiors, Inc., Stein

Mart, Inc., Debra McMurray dba Creative Quilts, and Carol Strawn dba Full Life Photography,

would respectfully show the Court as follows:

INTRODUCTION

1. Plaintiff Renee Baker (Ms. Baker) is a resident of Chandler, Texas and theauthor of at least one original textual work in which she is the copyright owner.

2.1 Defendant K&K Interiors, Inc. (K&K) is an Ohio corporation having itsprincipal office in Sandusky, Ohio.

2.2 Defendant Stein Mart, Inc. (Stein Mart) is a Florida corporation having itsprincipal office in Jacksonville, Florida.

2.3 Defendant Debra McMurray dba Creative Quilts (McMurray) is an individual

Case 6:12-cv-00251-MHS Document 1 Filed 04/05/12 Page 1 of 6 PageID #: 1


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residing in Knoxville, Tennessee.

2.4 Defendant Carol Strawn dba Full Life Photography (Strawn) is an individualresiding in Chattanooga, Tennessee.

JURISDICTION AND VENUE

3. This is an action arising under the Copyright Laws of the United States, 17 U.S.C.

101, et seq., with subject matter jurisdiction based on 28 U.S.C. 1331 and 1338(a).

4.1 The Court has personal jurisdiction over K&K in that it does business in this stateby maintaining a permanent show room at the World Trade Center, Showroom 237, 2050

Stemmons Freeway, Dallas, TX 75207. In addition, the contacts of K&K with the State of Texas

and this Judicial District and Division include purposely directing infringing goods into the

stream of commerce and to consumers within the State of Texas and this Judicial District and

Division. On information and belief, K&K derives significant revenues in general from sales of

its products in this state, Judicial District and Division. Finally, the impact of K&Ks

infringement occurred in this State and Judicial District, as Plaintiff resides herein.

4.2 The Court has personal jurisdiction over Stein Mart in that it does business inthis state by maintaining numerous retail stores in the State of Texas and this Judicial District and

Division, including stores in the cities of Tyler, Plano and McKinney. A sample of the infringing

product was purchased at the Tyler store.

4.3 The Court has personal jurisdiction over McMurray in that, on information andbelief, she has contacts with the State of Texas that include establishing and maintaining an

internet web site with on-line ordering of products accessible to consumers in Texas. Finally, the

impact of McMurrays infringement occurred in this State and Judicial District, as Plaintiff

resides herein.

4.4 The Court has personal jurisdiction over Strawn in that, on information and belief,



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she has contacts with the State of Texas that include establishing and maintaining an internet web

site with on-line ordering of products accessible to consumers in Texas. Finally, the impact of

Strawns infringement occurred in this State and Judicial District, as Plaintiff resides herein.

5. Venue is proper in the Tyler Division of the Eastern District of Texas under 28

U.S.C. 1400(a) with 1391(c).

COUNT I -- COPYRIGHT INFRINGEMENT

6.1 In about 1989, Ms. Baker created and published an original textual work, a poem

entitled Families Are Like Quilts. The poem in its entirety is:

Families are like quilts,Lives pieced together,Stitched with smiles & tears,Colored with memories, andBound by love.

This poem was incorporated into three-dimensional visual arts work which has been an

outstandingly successful product for Ms. Baker. A photograph of Ms. Bakers work,

incorporating the poem, is attached hereto as Exhibit A, page 1.

6.2 In about 2005, Ms. Baker incorporated the poem into a two-dimensional primitive

stitchery visual arts work, and began selling a stitchery pattern product for the artwork. A

photograph of the package insert for the stitchery pattern product is attached hereto as Exhibit A,

page 2.

7. As sole author of the poem and visual arts works, Ms. Baker has at all times and

does now own the copyrights to the works. The copyright in the poem was registered by the

Register of Copyrights under Certificate Number TX 2 867 438, a copy of which is attached

hereto as Exhibit B.

8. The Families Are Like Quilts poem contains copyrightable subject matter under

the laws of the United States, and Ms. Baker owns all rights in the work and the copyright



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therein.

9. Ms. Baker has complied with the laws of the United States as they relate to

copyright, 17 U.S.C. 101, et seq., and she has secured the exclusive rights and privileges in

and to the copyright of the poem.

10. All publication, distribution and sale of the copyrighted works by or under the

authorization of Ms. Baker has been in conformity with the Copyright Laws of the United States.

11. In 2012, and possibly earlier, K&K and Stein Mart began selling a pillow (ItemNo. 810-DECORATIVE ACCESSORY 44697266), that includes an unauthorized copy of a

substantial portion of Ms. Bakers Families Are Like Quilts poem. (Exhibit C). On

information and belief, the pillow is manufactured or imported by K&K and sold wholesale to

Stein Mart and others as yet unknown, who resell the products retail to consumers. Thus, K&K

and Stein Mart have manufactured, imported, published, sold and/or distributed the unauthorized

copies of Ms. Bakers poem, causing those copies to enter into the stream of commerce and be

sold to consumers in this state and elsewhere. Further, on information and belief, K&K and

Stein Mart publish paper and internet catalogs depicting the infringing product with the

infringement of the poem displayed, so each catalog and internet web page is a separate

infringement.

12. In 2007, and possibly earlier, McMurray made and sold a quilt that included anunauthorized copy of a substantial portion of Ms. Bakers Families Are Like Quilts poem. The

quilt was photographed and placed on a web site advertising McMurrays Creative Quilts

business (Exhibit D), with the poem legible in the photograph, and with a caption including a

text copy of the poem. The advertising web site is still accessible on the internet as of the

present time.

13. In 2011, and possibly earlier, Strawn included an unauthorized copy of a



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substantial portion of Ms. Bakers Families Are Like Quilts poem in an internet web site

advertising her Full Life Photography business (Exhibit E). The advertising web site is still

accessible on the internet as of the present time.

PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Plaintiff prays for judgment as follows:

1. That K&K, Stein Mart, McMurray and Strawn, their agents, servants and

employees and all those in privity, concert or participation with any of them, be enjoined

perpetually:

(1)

from manufacturing, copying, duplicating, purchasing, making, using, selling, trading,renting, exchanging, lending, distributing, transporting, or dealing in any other way with anyproduct, in violation of Ms. Bakers copyright in the Families Are Like Quilts works;

(2) from offering to do any of the acts enjoined in subparagraph (1) above;(3) from moving, removing, destroying, concealing, erasing, altering or tampering with anymaterials, devices, machines or equipment, including tools, equipment and patterns, used tomanufacture or reproduce copies of Ms. Bakers copyright in the Families Are Like Quiltsworks;

(4) from altering, changing, erasing, concealing, destroying or removing from their place ofbusiness or other repository any records, data compilations, books of account, invoices, receiptsand/or other documents relating to the manufacture, purchase, sale, copying, duplication,shipment, lease, rental, distribution of copies of Ms. Bakers copyrights in the Families AreLike Quilts works; and

(5) from attempting, causing or assisting any of the above-described acts to occur.2. That K&K, Stein Mart, McMurray and Strawn be required to account for and pay

over to Ms. Baker all profits which they have derived from the infringement of Ms. Bakers

copyright, all damages Ms. Baker has suffered within the provisions of the Copyright Laws, or in

the alternative, at Ms. Bakers election, that they each be assessed statutory damages in an

amount of One Hundred Fifty Thousand Dollars ($150,000.00) per infringed work;

3. That K&K, Stein Mart, McMurray and Strawn be ordered to deliver up for



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destruction all products, labels, signs, prints, packages, dies, wrappers, receptacles and

advertisements in its possession or under its control, including or referring to any of Ms. Bakers

copyright in the Families Are Like Quilts works, or any simulation, reproduction, counterfeit,

copy or colorable imitation thereof, and all plates, molds, matrices and other means of making

the same;

4. That K&K, Stein Mart, McMurray and Strawn be required to pay Ms. Baker hercosts incurred herein, as well as reasonable attorneys fees, as provided by the Copyright Laws;

5. That K&K, Stein Mart, McMurray and Strawn be required to pay Ms. Baker pre-judgment interest on the amount awarded and post-judgment interest until paid, all at the lawful

rate; and

6. That Ms. Baker have such other and further relief as to this Court seems just andproper.

JURY DEMAND: Plaintiff demands a trial by jury on all issues triable to a jury.

DATED: April 5, 2012.

Respectfully submitted,

/s/Daniel V. ThompsonState Bar No. 199092009304 Forest Lane, Suite N253Dallas, TX 75243(972)479-0900 phone(972)852-1699 fax

ATTORNEY FOR PLAINTIFF



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Documents

Complaint Renee Baker v. K&K Interiors