Masterfile vs Johnson Group Staffing Company: Complaint

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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-02784-MCE -KJN

Masterfile Corporation v. Johnson Goup Staffing Company, Inc.

et al

Assigned to: Judge Morrison C. England, Jr

Referred to: Magistrate Judge Kendall J. Newman

Demand: $1,000,000

Cause: 28:1441 Petition for Removal

Date Filed: 10/13/2010

Date Terminated: 03/07/2011

Jury Demand: None

Nature of Suit: 820 Copyright

Jurisdiction: Federal Question

Date Filed # Docket Text

10/14/2010 1 COMPLAINTfor Damages, Profits, Injunctive and Other Equitable Relief for Federal

Copyright Infringement and Removal of Copyright Management Information against

Christopher A Johnson, The Johnson Goup Staffing Company, Inc. 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: 10/14/2010)

10/14/2010 RECEIPT number #CAE200030306 $350.00 fbo Masterfile Corporation by Alex

Martinez Jr on 10/14/2010. (Owen, K) (Entered: 10/14/2010)

10/14/2010 3 SUMMONS ISSUED as to *Christopher A Johnson, The Johnson Goup Staffing

Company, Inc.* 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: 10/14/2010)

10/14/2010 4 COPYRIGHT NEW CASE DOCUMENTS ISSUED as to Copyright #1:* VA

1-220-538* Copyright #2:* VA 1-262-069 * Copyright #3:* VA 1-301-526 * Copyright

#4:* VA 1-303-399 * Copyright #5:* VA 1-301-886* (Attachments: # 1 Consent Form, #

2 Copyright Report, # 3 VDRP Form) (Owen, K) (Entered: 10/14/2010)

03/04/2011 5 NOTICE of VOLUNTARY DISMISSAL by Masterfile Corporation. (Weinberg, Steven)

(Entered: 03/04/2011)

03/07/2011 6 CLERK'S NOTICE of VOLUNTARY DISMISSAL per 5 Notice and Rule 41(a(1).CASE CLOSED (Benson, A.) (Entered: 03/07/2011)

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COMPLAINT FOR COPYRIGHT INFRINGEMENT

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COWANDEB

AETSABRAHAMS&SHEPPARD

LLP

30765PacificCoastHighway,Suite411

Malibu,California90265

STEVEN M. WEINBERG (SBN 235581)COWAN, DEBAETS, ABRAHAMS & SHEPPARD LLP30765 Pacific Coast Highway, Suite 411Malibu, California 90265Tel: (310) 457-6100

Fax: (310) 457-9555Email: [email protected]

Attorneys for PlaintiffMasterfile Corporation

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MASTERFILE CORPORATION,

Plaintiff,

v.

THE JOHNSON GROUP STAFFING

COMPANY, INC., and CHRISTOPHER A.JOHNSON

Defendants.

Case No.

COMPLAINT FOR DAMAGES,

PROFITS, INJUNCTIVE AND OTHER

EQUITABLE RELIEF FOR FEDERAL

COPYRIGHT INFRINGEMENT AND

REMOVAL OF COPYRIGHTMANAGEMENT INFORMATION

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

Abrahams, & Sheppard LLP, as and for its Complaint against defendants The Johnson Group

Staffing Company, Inc. and Christopher Johnson (Defendants), alleges as follows:

Case 2:10-cv-02784-MCE -KJN Document 1 Filed 10/14/10 Page 1 of 19


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INTRODUCTION

1. This is an action for copyright infringement arising out of Defendantsunauthorized reproduction and use of original copyright protected photographs owned and

registered by Plaintiff Masterfile. Masterfile seeks injunctive and monetary relief for copyright

infringement under the provisions of the Copyright Act of the United States, as amended, 17

U.S.C. 101 et seq. and for and violations of the Digital Millennium Copyright Act, 17 U.S.C.

1201 et. seq.

2. Plaintiff is a well known stock photography agency with offices at 3 ConcordeGate, Fourth Floor, Toronto, Canada. Plaintiff is in the business of licensing reproduction rights

in photographs to users for a fee.

PARTIES

3. Upon information and belief, Defendant The Johnson Group Staffing Company,Inc. (Defendant Johnson Group) is a California corporation engaged in the business of

providing staffing services. Upon information and belief Defendant Johnson Group is based in

Elk Grove, California.

4. Upon information and belief, Defendant Christopher A. Johnson is a Californiaresident and is the Chief Executive Officer of Defendant The Johnson Group Staffing Company,

Inc., and at all relevant times directed and controlled the activities of Defendant Johnson Group

complained of herein.

5. This Court has subject matter jurisdiction over this action pursuant to 17 U.S.C. 501(b) and 28 U.S.C. 1331 and 1338(a).

JURISDICTION AND VENUE



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6. This Court has Court has personal jurisdiction over Defendant because Defendantmaintains its principal place of business in the State of California and in this district and does

and transacts business in this judicial district.

7. Venue is proper within this District pursuant to 28 U.S.C. 1391 and 1400.

8. In or about April 14, 2010, Plaintiff discovered that Defendant was using seven(7) copyrighted photographs owned by Plaintiff (the Infringed Images) on Defendant Johnson

Groups website www.johnsongroupinc.com (the Website).

FACTS

9. Plaintiff has complied in all respects with Copyright Act of the United States ofAmerica and secured the exclusive right and privilege in and to the copyright in the Infringed

Images by registering its claim of copyright in the Infringed Images and receiving certificates of

registration from the Copyright Office under the following registration numbers:

Plaintiff Image

Identification Number

Copyright Registration Number Registration Effective Date

700-00188166 VA 1-220-538 October 18, 2003

700-00280182 VA 1-262-069 April 30, 2004

700-00364360 VA 1-301-526 November 23, 2004

700-00478544 VA 1-303-399 March 15, 2005

700-00524099 VA 1-301-886 May 11, 2005

700-00592490 VA 1-326-965 September 19, 2005

700-00651204 VA 1-344-847 March 16, 2006

A copy of the certificates of registration for these Infringed Images (without the

Continuation Sheets), which were registered as individual images within compilations, are

attached hereto as Exhibit A.



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10. Without Plaintiffs knowledge or consent, Defendants reproduced each of theseInfringed Images and displayed these unauthorized copies on the Website. Defendants are not,

and have never been, licensed or otherwise authorized to use the infringed Images.

11. Plaintiff notified Defendant that Defendants unauthorized use of the InfringingImages constitutes copyright infringement and provided Defendant with an opportunity to rectify

its infringing conduct, but Defendant has refused to so rectify its conduct.

12. Defendants conduct as aforesaid was willful.

(Copyright Infringement Under 17 U.S.C. 101 et seq.)

COUNT ONE

13. Plaintiff incorporates by reference each and every allegation contained inparagraphs 1 through 12 above.

14. Defendants actions as described above constitute infringement of Plaintiffsexclusive rights under its registered copyrights in violation of 17 U.S.C. 106 and 501.

15. Plaintiff is entitled to recover damages, which include its actual losses and anyand all profits Defendant has made as a result of its infringing conduct. 17 U.S.C. 504.

16. Plaintiff is entitled to recover actual damages in no less than the amount of$46,710.00 or in lieu thereof, at Plaintiffs election, statutory damages in no less than the amount

of $ 1,050,000.00, plus attorneys fees and costs.

(Intentional Removal of Copyright Management Information

COUNT TWO

Under 17 U.S.C. 1202(b))

17. Plaintiff incorporates by reference each and every allegation contained inparagraphs 1 through 16 above.

18. Each of the Infringed Images copied contained embedded copyright managementinformation protected under 17 U.S.C. 1202(b).



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19. Defendants intentionally removed the copyright management information with theintent to induce, enable, facilitate, or conceal an infringement of Plaintiffs rights under the

Copyright Act.

20. Defendants conduct as aforesaid is a violation of 17 U.S.C. 1202(b).21. By reason of said violation, Plaintiff is entitled to recover statutory damages

under 17 U.S.C. 1203(c) in the maximum amount of $2500 for each of the seven (7)

circumventions, for a total of $17,500.00, plus costs and attorneys fees.

WHEREFORE, Plaintiff prays for the following relief against Defendants:

A. A judgment from this Court that Defendants (1) infringed Plaintiffs exclusiverights in the Infringed Images, and that this infringement was willful, and (2) wrongfully

removed Plaintiffs copyright management information embedded in the Infringed Images, and

that such removal was willful.

B. Permanent injunctive relief in the form of an order or orders requiring thatDefendants, and their respective officers, directors, principals, representatives, agents, servants,

employees, successors and assigns, and all persons acting in concert or participation with each or

any of them, or for them, be preliminarily and permanently enjoined and restrained from:

1. copying, reproducing or making any unauthorized use of the InfringedImages or any derivative thereof, in any form; and from

2. importing, manufacturing, producing, distributing, circulating, selling,offering for sale, advertising, promoting or displaying any simulation, reproduction, counterfeit,

or copy of any of the Infringed Images or any derivative thereof, or causing and/or participating

in such importation, manufacturing, producing, distributing, circulating, selling, offering for sale,

advertising, promoting or displaying any such items; and from

3. removing any copyright management information from any other ofPlaintiffs images.



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C. Preliminary and permanent injunctive relief in the form of an order or ordersrequiring that Defendants turn over for destruction all unauthorized copies of the Infringed

Images and all derivatives thereof (including without limitation the Infringed Images) and any

item or thing displaying such copies, electronic and physical, in its possession, custody or

control;

D. An award for copyright infringement of actual damages in no less than theamount of $46,710.00 or in lieu thereof, at Plaintiffs election, statutory damages in no less than

the amount of $ 1,050,000.00, plus attorneys fees and costs;

E. An award of statutory damages for removal of copyright management informationin the maximum amount of $2500.00 for each of the seven (7) intentional removals, for a total of

$17,500.00, plus costs and attorneys fees; and

F. Such other and further relief as the Court may deem just and proper.Dated: October 13, 2010

Malibu, California

COWAN, DEBAETS, ABRAHAMS & SHEPPARD LLP

By:______________________________

Steven M. Weinberg

Attorneys for PlaintiffMASTERFILE CORPORATION

EXHIBIT A TO COMPLAINT



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Masterfile vs Johnson Group Staffing Company: Complaint