Shelby v. Nylus - Complaint

8/17/2019 Shelby v. Nylus - Complaint

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF OKLAHOMA

1) Ann Shelby,

Plaintiff,

v.

2) Rebecca Nyhus and Jordan Berry d/b/a

Plasticland, a Texas unincorporated

business,

3) C & F Enterprises, Inc. d/b/a Gallerie II, a

Virginia corp., and

4) Socksmith Design, Inc., a California corp.,

5) Forum Novelties, Inc., a New York corp.,6) Wonder Costumes, LLC., and

7) Spencer Spirit Holding, Inc., Spencer Gifts,

LLC., and Spirit Halloween, LLC., a

New Jersey corp.,

Defendants.

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COMPLAINT

1. This is a civil action seeking damages and injunctive relief for, inter alia,

copyright infringement under the copyright laws of the United States (17 U.S.C.

§ 101 et seq.).

2. Jurisdiction and venue of this Court are properly invoked under

28 U.S.C. §§ 1331, 1338, 1367, 1391 and/or 1400.

PARTIES

3. Plaintiff Ann Shelby (hereinafter “Plaintiff”) is an individual retired physician

and artist who resides in Catoosa in Rogers County, Oklahoma.

CIV-16-432-D

Case 5:16-cv-00432-D Document 1 Filed 04/27/16 Page 1 of 24


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S:\My Files\Shelby, Ann\PLASTICLAND\Pleadings\Complaint20160329.docx

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4.

Defendant Plasticland is an assumed name for an unincorporated business

operating in Texas at 701 E Plano Pkwy, Ste. 408 Plano, TX 75074 as a proprietorship

under the ownership of Rebecca Nyhus, 2713 Cobre Valle Ln. Plano, TX 75023 and

Jordan Berry, 2713 Cobre Valle Ln. Plano, TX 75023. These two individuals will be

referred to herein by their assumed business name, but the individuals are the actual

parties in interest. Plasticland purports to have started in 2002 as an alternative to the

super trendy, cookie-cutter fashions found at the mall. They claim not to have a

storefront and conduct all business online. Additionally, they claim to offer a fun and

unique selection of products including masks and socks. Plasticland also maintains a

broad social media and online seller presence. See, for example,

https://www.facebook.com/plasticland . Plasticland offers its products for sale locally and

via shipping throughout the United States and internationally. On information and belief,

Plasticland has purchased infringing masks from Defendant C&F Enterprises, Inc. and

offered them for resale in Oklahoma.

5.

Defendant C & F Enterprises Inc. does business as Gallerie II (“Gallerie”). It is

a Virginia corporation formed November 30, 1976, having its registered agent as Carlos

Fang, 819 Blue Crab Road, Newport News, VA 23606. Gallerie claims to be a

wholesale, artist-designed gift and home décor company as a separate division of C & F

Enterprises with its corporate headquarters in Newport News, Virginia. Gallerie purports

to be known for its distinctive and exclusive products based on proprietary and licensed

designs. Gallerie further purports to have showrooms in major cities including Atlanta,

GA; Columbus, OH; Dallas, TX; Denver, CO; Las Vegas, NV; Los Angeles, CA;



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Minnetonka, MN; and sales representatives throughout the U.S. and Canada. Gallerie

purports to develop innovative and fresh products. Gallerie has produced works

infringing Plaintiff’s copyrights, and those infringing works have been sold or offered for

sale in Oklahoma.

6.

Defendant Socksmith Design, Inc. (“Socksmith”) is a California corporation

formed January 1, 2010, having its registered agent as Eric W. Gil, 1515 Pacific Ave.,

Santa Cruz, CA 95060. Socksmith claims to design their own socks with a West Coast

point of view. They purport to carry a collection of men’s and women’s novelty socks

and knee-highs. Socksmith claims to have its socks in hundreds of store nationwide.

Socksmith socks are alleged to be sold in Oklahoma cities including Lawton, Norman,

Oklahoma City, Tulsa, Bartlesville, and Tahlequah. Socksmith has produced derivative

works infringing Plaintiff’s multiple copyrights, and those infringing works have been

sold or offered for sale in Oklahoma.

7.

Defendant Forum Novelties Inc. (“Forum”) is a New York corporation formed

August 22, 1978, having no registered agent but a New York Department of State process

address at Forum Novelties, Inc., 1770 Walt Whitman Rd., Melville, NY 11747. Its

principle executive offices are claimed to be at, 1770 Walt Whitman Rd., Melville, NY

11747. Forum claims to be a wholesaler and a leader in the Halloween industry, as well

as the joke, trick, magic, and novelty gift item business. They purport to have been in

business for over 30 years. Additionally, they claim to be manufacturers, importers, and

distributors of over 8,000 items and only sell to the retail and wholesale trades. Forum



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has sold or offered for sale in Oklahoma derivative works infringing Plaintiff’s multiple

copyrights.

8.

Defendant Wonder Costumes, LLC. (“Wonder”) is purported to be a limited

liability company with the owner being John Kurian, started December 5, 2006 and

having its principle place of business at 13432 S.W. 131st St., Miami, FL 33186.

Wonder claims to be an e-commerce company that specializes in the sale and wholesale

of Halloween costumes, accessories, party goods, and Halloween decor all year-round,

but has party supplies and decorations to cover any occasion and holiday. Wonder

Costumes purports to be an industry expert with over 11 years of experience in online

and local costume sales, having one of the largest networks of costume suppliers and

manufacturers. Wonder asserts to be located in Kendall, Florida but is primarily an online

store. It asserts that is has established multiple distribution facilities throughout the

United States. They claim to ship in the anywhere in the world. Wonder also maintains a

broad social media presence. See, for example,

https://www.facebook.com/WonderCostumes. Wonder offers its products for sale

locally and via shipping throughout the United States and internationally. On

information and belief, Wonder has purchased infringing masks from Forum Novelties

and offered them for resale in Oklahoma.

9.

Defendant Spencer Spirit Holdings, Inc., is purported to own and operate

Spencer Gifts, LLC. and Spirit Halloween, LLC. It is a New Jersey corporation

incorporated in 2007 and having its principle place of business at 6826 Black Horse Pike,

Egg Harbor Township, NJ, 08234. Spencer Gifts, LLC purports to operate over 646



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Spencer retail stores in the United States and Canada as well as one in Oklahoma. Spirit

Halloween, LLC purports to operate over 1100 temporary seasonal Halloween retail

stores in the United States and Canada as well as one in Oklahoma. Both Spencer, LLC,

and Spirit allegedly operate e-commerce sites. Spencer Spirit Holdings, Inc., Spencer

Gifts, LLC. and Spirit Halloween, LLC. will be collectively referred to as “Spencer.”

Spencer claims to be a leading specialty retailer offering unique merchandise tailored to

reflect popular theme and trends. Included within their merchandise is masks,

specifically “Day of the Dead” masks. Spencer also maintains a broad social media

presence. See, for example, https://www.facebook.com/spencers and

https://www.facebook.com/spirithalloween. Spencer offers its products for sale locally

and via shipping throughout the United States and internationally. On information and

belief, Spencer has sold infringing masks and offered them for resale in Oklahoma.

Plaintiff’s Works

10.

Plaintiff is a retired doctor. After retiring, she became an active artist creating

jewelry, purses, and masks among other works. Plaintiff began painting masks and

designing jewelry approximately in 2000, and around 2004, she decided to sell her

artwork to help support her altruistic endeavors (primarily a pet rescue). Plaintiff opened

an online shop known as Masquefaire (Https://www.etsy.com/shop/Masquefaire) at

Etsy.com in December 2008 and began selling her art in January 2009. In addition to

Plaintiff’s Etsy.com store, she has also sold her works on Ebay.com as user

“Masquefaire” from December 2008 and at science fiction and fantasy conventions in

Oklahoma and Missouri starting around 2001. Plaintiff has generally used the proceeds



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from her art to support local animal charities and food banks. Her masks are painted with

specific schemes wherein many of her masks were designed for “Dia de Muertos” (aka

“Day of the Dead”). Her jewelry has an alien abduction theme. Plaintiff has copyrighted

many of her works as indicated by the copyright registration number starting with a “VA”

in column 2 of Table 1. Additionally, Plaintiff has applied for copyright protection

on many other works as indicated by the application number in column 2 starting with a

numeral “1”. The registration certificates or application paperwork for each work

identified in Table 1 are attached hereto with as exhibits corresponding to their number in

Table 1. In addition to the registered or copyright-pending works, Plaintiff has created a

large number of additional works, many of which can currently be viewed at her

Etsy.com store.

TABLE 1: SELECT SPECIMENS OF PLAINITFF’S WORKS

Exhibit Reg. # or

App. #

Subj. Title of Work Reg. or

App. Date

Work

1 VA 1-906-282

(registration)

Cat,

Color

Muertos Kitty

Cat Mask Rose

20131115

2 VA 1-104-677

(registration)

Cat,

Color

Dia de los Muertos

Kitty Cat

Mask

20120523

3 VA 1-922-545

(registration)

Cat,

Color

I love my kitty

Muertos Mask

20131206



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Exhibit Reg. # or

App. #


App. Date

Work

4 VA 1-922-538

(registration)

Cat,

Color

I love my muertos

mask

20131206

5 VAu 1-208-188

(Registration)

Cat,

Color

(hat)

Mini Top-Hat Dia

de los Muertos Kitty

Cat Mask

20120416

6 VA 1-815-520

(registration)

Cat,

Color

Cat Skull Mask 20120403

7 VA 1-922-540

(registration)

Cat,

B&W

Phantom of the

Opera Cat Mask

20131116

8 VA 1-933-427

(registration)

Face,

Flower

Hair

Skull Pink Bridal

Rose Mask

20140815

9 VA 1-922-537

(registration)

Face,

Flower

Hair

Lady Heart Mask 20131115

10 VA 1-932-431

(registration)

Face,

Flower

Hair

Lady of the Flowers

Mask

20140714



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8

Exhibit Reg. # or

App. #


App. Date

Work

11 VA 1-922-484

(registration)

Face,

Flower

Hair

Dua de los Muertos

Horse Skeleton

Mask

20131113

12 VA 1-927-362

(registration)

Face,

Flower

Hair

Dia de los Muertos

Cat Skeleton Mask

20131113

13 VA 1-906-289

(registration)

Face,

Flower

Hair

Spider Woman

Mask

20131113

14 VA 1-906-288

(registration)

Face,

Flower

Hair

Pink Wedding Mask

Dia del los Muertos

20131116

15 VA 1-955-785

(registration)

Face,

Flower

Hair

(one-

sided

with

butterfly

)

Black Heart Spider

Woman Mask

20131113

16 VA 1-955-791

(registration)

Face,

Hat

Flower

Male Mask with

Large Top-Hat &

Rose on Chin

20131013



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Exhibit Reg. # or

App. #


App. Date

Work

17 VA 1-906-283

(registration)

Face,

Hat

(spider

web)

Dia de los Muertos

Spider Groom Mask

20131115

18 VA 1-916-998

(registration)

Face,

Feathers

Mexican Sugar

Skull Blue Mask

20131113

19 VA 1-906-285

(registration)

Face,

Plain

(heart)

Groom Heart Mask 20131115

20 VA 1-922-193

(registration)

Face,

Plain

(brain)

Man's Skull Mask

with Brain

20131014

21 VA 1-103-793

(registration)

Face,

Plain

(skull)

Human Skull Mask 20120416

22 VA 1-140-375(registration)

Beast,Feathers

Feathered BeastMask

20120416



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Exhibit Reg. # or

App. #


App. Date

Work

23 VA 1-933-282

(registration)

Beast,

Plain

Bald Beast Mask 20140814

24 VA 1-938-055

(registration)

Beast

Feathers

Muertos Crow Mask 20141009

25 VA-1-945-007

(registration)

Cat,

Color

Cat Jaguar Butterfly

Mask

20150105

26 VA 1-934-172

(registration)

Cat,

B&W

Black and White Cat

Mask

20140824

27 VA 1-951-062

(registration)

Cat,

Color

(hat)

Tearful Day of the

Dead Cat Mask

20150206

28 VA 1-945-004(registration)

Face,Flower

Hair

Human JaguarButterfly Mask

20150105

29 VA 1-938-052

(registration)

Face,

Flower

Hair

Spring Muertos

Sugar Skull Mask

20141011

30 VA 1-945-006

(registration)

Face,

Flower

Hair

Bat Dia de los

Muertos Mask

20150105



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Exhibit Reg. # or

App. #


App. Date

Work

31 VA 1-938-056

(registration)

Face,

Flower

Hair

Murders of Crows

Mask

20141022

32 VAu 1-193-343

(registration)

Face

Plain

Male Ghoul Mask

Orange Blue

20141028

34 VA 1-922-356 Alien Alien Abduction

Bigfoot Jewelry

20131116

35 VA 1-922-541 Alien

Dino

Alien Abduction of

Dinosaur Jewelry

Stegosaurus

20131130

36 VA 1-922-542 Alien

Dino

Alien Abduction of

Dinosaur Jewelry T-Rex

20131130

37 VA 1-922-543 Alien

Dino

Alien Abduction of

Dinosaur Jewelry

Triceratops

20131130

38 VA 1-922-544 Alien

Dino

Alien Abduction of

Dinosaur JewelryDiplodocus

Brontosaurus

20131130

39 1-3140891601 Alien

Myth

Alien Abduction of

Unicorn Jewerly

20160218



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Infringing Defendants

11.

Gallerie offers or has offered for sale works that infringe Plaintiff’s

copyrights. Works infringed by Gallerie, include but are not necessarily limited to the

following Exhibit 2. The infringing mask in Figure 1 was nearly identical to Plaintiff’s

works, shown in Exhibit 2 though the infringing

mask shows some inconsequential differences.

On information and belief, the differences result

from intentional efforts by Gallerie to disguise

copying of Plaintiff’s works, evidencing a

willful intent to obscure the blatant copying

undertaken by Defendants. The infringing

mask is strikingly similar to the corresponding copyrighted work created by Plaintiff.

12.

On information and belief, the infringing work sold by Gallerie have been

sold to retailers/resellers for resale to consumers. The retailer/reseller includes but is not

limited to the following named Defendant: Plasticland.

Figure 1: Plasticland Infringing

Cat Mask



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13.

Socksmith offers or has offered for sale works that infringe Plaintiff’s

copyrights. See Figure 2 and Figure 3. Works infringed by Socksmith, include but are

not necessarily limited to the following Exhibits 34, 35, 36, 37, 38, and 39. On

information and belief Socksmith created a derivative work on a different medium based

on combining Plaintiff’s works Exhibits 34, 35, 36, 37, 38, and 39 into a different works.

The infringing socks in Figure 2 and Figure 3 copies each of the Plaintiff’s jewelry works

noted in Table 1. They use the broad beam as seen in Ex 34 with the dinosaurs as

depicted in the Plaintiff’s works Exhibits 35, 36, 37, and 38 and the mythological

creature depicted in the Plaintiff’s work Exhibit 39. On information and belief, the

infringing works sold by Socksmith have been sold to retailers/resellers for resale to

consumers. These retailer/reseller includes but is not limited to the following named

Defendant: Plasticland.

Figure 2: Socksmith Online Sale of

infringing Black Socks

Figure 3: Socksmith Online Sale of

infringing Purple Socks



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14.

On information and belief Plasticland purchased from Gallerie at least one

mask that is strikingly similar to Plaintiff’s Exhibit 2 and made the infringing mask

available for sale online. See Figure 4. The infringing mask was a nearly identical copy

of Plaintiff’s work, Exhibit 2, though the infringing mask shows some inconsequential

differences. On information and belief, the differences result from intentional efforts by

Gallerie to disguise copying of Plaintiff’s works, evidencing a willful intent to obscure

the blatant copying undertaken by

Defendants. Full page version of the mask

shown in Figure 4 is included as Exhibit 40

to this Complaint.

15. On information and belief,

Plasticland purchased from Socksmith at

least one derivative work as noted above.

Plasticland offers or has offered the

infringing socks available for sale online. See Figure 5 and Figure 6.

Figure 4: Plasticland Online Sale ofinfringing Cat Mask



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Figure 5: Plasticland Online Sale of infringing Black Socks

Figure 6: Plasticland Online Sale of

infringing Purple Socks



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16.

Forum offers or has offered for sale works that infringe Plaintiff’s copyrights.

Works infringed by Forum, include but are not necessarily limited to the following

Exhibits 1, 10, and 16. The infringing masks in Figure 7, 8, 9, and 10 were substantially

similar to Plaintiff’s works, shown in Exhibits 1, 10, and 16, respectively, though the

infringing masks show some inconsequential differences.

17.

For example of Forum’s infringement concerns Plaintiff’s Exhibit 10 mask

which has eye holes outlined in black; a blackened nose; three flowers on the right side of

Figure 9: Forum Novelties Online

Sale of infringing Masks

Figure 7: Forum Novelties Online Sale of

infringing Masks







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the mask with one red flower with three green leaves at the front and larger than the other

two; one blue flower positioned behind the larger red flower and the other orange flower

positioned to the right side of the larger flower; adjacent tendrils emanating from the

flowers on multiple sides; eyes ringed with a continuous beadwork design – purple

around the right eye and red around the left eye; each cheek having a blackened portion;

right cheek displaying a flower with leaves attached and tendrils; the outline of teeth; and

two flowers, red and purple, on the lower left of the chin.

18.

Forum’s infringing mask, Figure 8 is strikingly similar to Plaintiff’s Exhibit

10 mask. Similarities must be viewed to be fully appreciated, but the similarities include

the overall impression of the work; eye holes outlined in black; a blackened nose; three

flowers on the right side of the mask with one orange flower with three green leaves at

the front and larger than the other two; one pink flower positioned behind the larger red

flower and the other blue flower positioned to the right side of the larger flower; adjacent

curlicues emanating from the flowers on multiple sides; eyes ringed with a continuous

beadwork design – purple around the left eye and red/pink around the right eye; each

cheek having a blackened portion; left cheek displaying a flower with leaves attached and

tendrils; the outline of teeth; and two flowers, blue and purple, on the lower left of the

chin On information and belief, masks of Figure 8 differences are the result from

intentional efforts by Spencer to disguise copying of Plaintiff’s works while quickly and

cheaply producing masks, evidencing a willful intent to obscure the blatant copying

undertaken by Defendants. The infringing masks are strikingly similar to the

corresponding copyrighted works created by Plaintiff.



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19.

For example, Plaintiff’s Exhibit 16 mask has a hat; eye holes outlined in black

outside of which is a continuous beadwork design with the left eye orange and the right

eye purple; each cheek having a blackened portion with brown outline; a black-tipped

nose with a thin black mustache below; and the teeth outlined in gold.

20.

Forum’s infringing mask with Hat, Figure 9 and infringing mask without the

hat, Figure 10, are strikingly similar to Plaintiff’s Exhibit 16 Mask. Similarities must be

viewed to be fully appreciated, but the similarities include the overall impression of the

work; a hat for Figure 9; eye holes outlined in black outside of which is a continuous

beadwork design around both eyes with the beadwork having the same color around both

eyes; each cheek having a blackened portion with brown outline; a black-tipped nose

with a thin black mustache below; and the teeth outlined in gold. On information and

belief, masks of Figure 9 and 10 differences are the result from intentional efforts by

Spencer to disguise copying of Plaintiff’s works while quickly and cheaply producing

masks, evidencing a willful intent to obscure the blatant copying undertaken

by Defendants. The infringing masks are strikingly similar to the corresponding

copyrighted works created by Plaintiff.

21.

On information and belief, Wonder

purchased from Forum Novelties at least one mask

that is strikingly similar to Plaintiff’s Exhibit 16

and made the infringing masks available for sale

online. See Figure 11. The infringing mask was a

Figure 11: Wonder Online Sale

of infrin in Masks



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nearly identical copy of Plaintiff’s work, Exhibit 16, though the infringing mask shows

some inconsequential differences. On information and belief, the differences result from

intentional efforts by Wonder to disguise copying of Plaintiff’s works, evidencing a

willful intent to obscure the blatant copying undertaken by Defendants. Full page

versions of the masks shown in Figure 11 is included as Exhibit 41 to this Complaint.

22. On information and belief, Spencer purchased from Forum Novelties at least

one mask that is strikingly similar to Plaintiff’s Exhibit 16 and made the infringing masks

available for sale online. Additionally, on information and belief, Spencer offers or has

offered for sale works that infringe Plaintiff’s copyrights. Works infringed by Forum,

include but are not necessarily limited to the following Exhibit 16. The infringing masks

in Figure 12, and 13, were substantially similar to Plaintiff’s works, shown in Exhibit 16.

23.

The Plaintiff’s Exhibit 16 mask has a hat; eye holes outlined in black outside

of which is a continuous beadwork design with the left eye orange and the right eye

purple; each cheek having a blackened portion with brown outline; a black-tipped nose

with a thin black mustache below; and the teeth outlined in gold with dividing lines on

the back three molars.



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24.

The infringing mask, Figure 12 and 13 are strikingly similar to Plaintiff’s

Exhibit 16 Mask. but the similarities include the overall impression of the work; a hat;

eye holes outlined in black outside of which is a continuous beadwork design around both

eyes; with the red beadwork around both; each cheek having a blackened portion with a

brown outline outside the black; a black-tipped nose with a thin black mustache below;

and the teeth outlined in gold and in Figure 13, the teeth outlined in gold have dividing

lines on the back three molars. On information and belief, masks of Figure 12 and 13

differences are the result from intentional efforts by Spencer to disguise copying of

Plaintiff’s works while quickly and cheaply producing masks, evidencing a willful intent

Figure 13: Spencer (Spirit

Halloween) Online Sale of

infringing Masks

Figure 12: Spencer

(Spencer Gifts) Online Sale

of infringing Masks



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to obscure the blatant copying undertaken by Defendants. Full page version of the mask

shown in Figure 12 is included as Exhibit 42 to this Complaint.

25.

The infringing masks are strikingly similar to the corresponding copyrighted

works created by Plaintiff.

CAUSES OF ACTION

First Cause of Action

Copyright Infringement

26.

Plaintiff restates and incorporates herein by reference the preceding and

subsequent allegations of this Complaint.

27.

Plaintiff’s artwork consists of original works of authorship fixed in a tangible

medium of expression. Plaintiff’s works have been registered with the United States

Copyright Office, or are subject to applications for copyright registration and, as an

individual with exclusive rights of copyright protection; Plaintiff has the exclusive rights

of reproduction, preparation of derivative works, distribution, and display of same.

17 U.S.C. § 106.

28.

Plaintiff’s works were available online and Defendants had access to pictures

of Plaintiff’s works.

29.

Defendants copied, distributed and sold, without Plaintiff’s knowledge,

consent or permission, Plaintiff’s works for Defendants’ commercial use and benefit,

including without limitation, for the purpose of financial gain and obtaining a competitive

edge over Plaintiff.



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30.

The foregoing acts of infringement have been willful, intentional, and in

disregard of and with indifference to the rights of the Plaintiff.

31.

As a result, of Defendants’ infringement of the Plaintiff’s exclusive rights

under copyright, the Plaintiff is entitled to relief pursuant to 17 U.S.C. § 504, and to its

attorneys’ fees and costs pursuant to 17 USC § 505.

32. Defendants’ conduct is causing, and unless enjoined and restrained by this

Court, will continue to cause, the Plaintiff great and irreparable injury that cannot fully be

compensated or measured in money. The Plaintiff has no adequate remedy at law.

Pursuant to 17 USC. §§ 502 and 503, the Plaintiff is entitled to injunctive relief

prohibiting Defendants from further infringing the Plaintiff’s copyrights and ordering that

each Defendant destroy or surrender any copies of the above named works made in

violation of the Plaintiff’s copyrights.

Second Cause of ActionVicarious And/Or Contributory Copyright Infringement

33.

Plaintiff restates and incorporates herein by reference the preceding and

subsequent allegations of this Complaint.

34.

Defendants copied, reproduced, sold, and distributed Plaintiff’s protected

artwork for Defendants’ financial gain.

35. Defendants knew or should have known that their conduct would infringe

Plaintiff’s rights in their copyrighted works, to wit, Defendants had actual or constructive

knowledge regarding copying, reproducing, distributing and selling the subject works,



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and Defendants failed or refused to stop same, which resulted in an infringement of

protected works of expression, and that said conduct would damage Plaintiff.

36.

By copying, reproducing, distributing and selling Plaintiff’s works for their

own commercial use and benefit, Defendants interfered with, impeded and/or prevented

Plaintiff’s ability to realize commercial gain from her creative efforts. Specifically,

Defendants poached particular customers who desired to obtain masks using Plaintiffs’

works. In addition, the sale of copies of Plaintiff’s copyrighted work to Plaintiff’s

potential customers has decreased Plaintiffs’ ability to build further markets for her

registered works.

37.

As a result, of Defendants’ conduct, Plaintiff has been denied the right and

opportunity to create business relationships and to generate income therefrom.

WHEREFORE, Plaintiff respectfully asks the Court to rule in her favor and

against the Defendants, and award Plaintiff all actual, compensatory, consequential,

direct, and indirect damages as a result of Defendants’ infringement and related wrongful

conduct; awarding Plaintiff for all monies lost; awarding Plaintiff exemplary damages;

impounding all works wrongfully copied and enjoining Defendants from such future

wrongful conduct; awarding Plaintiff the costs and expenses of this lawsuit, including

reasonable attorneys’ fees; interest; and such other and further relief as this Court deems

proper. More to the point, Plaintiff asks the Court to:

• Enter preliminary and permanent injunctions providing Defendants shall be enjoined

from directly or indirectly infringing the Plaintiff’s rights in the registered woks and



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ordering Defendants to destroy or surrender to Plaintiff all copies of Plaintiff’s

registered works in Defendants’ possession, custody, or control;

• Award actual damages or statutory damages pursuant to 17 USC § 504, at the election

of the Plaintiff;

• Award Plaintiff’s costs in this case;

• Award Plaintiff’s reasonable attorney fees; and

• Provide such other and further relief as the Court deems proper.

Respectfully submitted,

s/ Edward L. White

Edward L. White, P.C.

Edward L. White, OBA #16549

Kerry D. Green, OBA #31998

829 East 33rd

Street

Edmond, Oklahoma 73013

Telephone: (405) 810-8188

Facsimile: (405) 608-0971

Email: [email protected]@edwhitelaw.com

ATTORNEY LIEN CLAIMED

JURY TRIAL DEMANDED



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EXHIBIT 1

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Case 5:16-cv-00432-D Document 1-1 Filed 04/27/16 Page 1 of 7


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EXHIBIT 1

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EXHIBIT 1

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EXHIBIT 1

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Posted on Nov 12, 2013 by | Tags: EB Team, Spotl ight | comments

(1)

It 's t ime for another EB Team Spotl ight! Coty is the stel lar store

manager of our Romancing the Stone location at Regency Square

Mall in Florence, Alabama. Learn a l itt le about this open minded,

music obsessed dad, and then swing by his store and say hi! Feel free

to take advantage of some of our awesome sales wh i le you're the re.

Q: Describe yourself in te n words or less.

A: A beautiful being by in tr icate design.

Q: What do you love about working for Earthbound?

A: My favorite thing about Earthbound is feel ing l ike I am apart of

something bigger. I love to help people grow, and f ind themselves. I

love being a leader, and continuing to learn myself. Every day here I

have new opportunities to learn, and share my knowledge with

those around me. I a lso am grateful to get to work in a pl ace where

work is greater than image. Here I can be who I am meant t o be and

help everyone understand the beauty in themselves and embrace

others.

⛾

E M A I L S I G N U P C A R E E R S C O N T A C T B L O G M O R E I N F O♡

©2014 Earthbound Trading Company. All Rights Reserved.

P O S T S

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What+we+lovehttp://www.earthboundtrading.com/blog/2014/10/14/15-days-of-halloween/http://www.earthboundtrading.com/blog/2014/10/22/bone-blog-dog-for-dog-donation/


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10/23/2014 EBT | EB Team Spotlight: Coty at Regency!

http://www.earthboundtrading.com/blog/2013/11/12/eb-team-spotlight-coty-at-regency/

Earthbone Bone B lo…

Mask Cos… Onl ine S…

Q: What's your favorite thing t o do when you're not at work?

A: I have to say spending time with my 2-year-old son. I also lov e

anything music (writing, playing, l istening). Some people cal l me a

walking mp3 player due to the amount of musi c I l isten to/know

about. Also, anything about the Universe is another guilty pleasure!

Q: What song have you been jamming out to lat ely?

A: That's a tough question.. . I can't say a specific song, but I can

give my current top artist/album in certain categories:

Rap: Ces Cru - Constant Energy StrugglesRock: Life On Repeat - Struggle + Sleep

Electro/Dubstep: Zomboy - Reanimated

Metal: Volumes - VIA

Q: What's your greatest dream in l ife?

A: I have to say I have a lot o f dreams I would l ike to ac hieve, but

first and foremos t, I want to be a great father to my s on. I am so

diverse in bel iefs and I am not afraid of being who I am, and I just

want him to know that it is ok to accept people based on their soul,

not their appearance. I feel that I have b een given this chance and I

want to pass it on.

Q: You're stranded on a desert is land. Excluding f ood, water andmeans of escape, what three ite ms (one being an Earthbound

product) would you take?

A: I would say I would have to ta ke a fishing pole to relax on t he

beach and get some delicious sea food! Also, I would bring a fire

starter kit for those cold nights, and I think one of the awesome

tapestr ies (maybe the great wave) to have a supe r awe some

hammock during the day and a s helter during the night! I think it

would also make a super sweet cape to hav e during the rescue!

Share this post!⍬

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COMMENTS:

Courtney Nov 13, 2013 at 01:23 PM

This Dude is Awesome! If you haven't met hi m you need too!!! He

is an Amazing person and the best BOSS EVER!!!!!!!

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Certificate

of Registration

This

Certificate

issued under the

seal

of

the

Copyright

Office in accordance with title

17,

United States

Code,

attests

that

registration has

been made for the work

identified below

The

infonnation

on

this certificate has

been made a

part

of the Copyright

Office

records.

Registration

Number

VAu

1-208-188

Effective

Date

of

Registration:

April

16, 2Q12

Register

of

Copyrights,

United States of America

Rights

and

Permissions

Name:

Emath

Telephone:

Address:

Ann

M.

Shelby

[email protected]

918)639-3605

P.O.

Box 486

Catoosa,

OK

74015

United States

Name:

Ann

M

Shelby

Date:

April

16,

2012

Page

of2

Min i T op Hat Dia de

los

muertos Kit ty Cat

Mask

Title

Title

of

Work:

CornpLio.nIPiicIion

Year of Completion:

2011

Author

Author:

Author

Created:

Work

made

for

hire:

Citizen of:

Domiciled in:

Year

Born:

Copyright

Claimant

Copyright

Claimant:

Limitation

of copyright

claim

Ann

M.

Shelby

all,

surface

2-Dimensional

artwork

some adapted .3-Dimensional

artwork

No

United .States

United

States.

1954

Ann

M.

Shelby

P.O.

Bo x

486,

Cafoosa,OK, 74015,

United

States:

Material excluded from this claim:

preexisting blank papermache

mask

—— .

New.material

included in claim:

aIl-suree 2.J)imenimnal artwork

someadapted-S-Dimnsional

artwork

Certification

EXHIBIT 5

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Registration

:

VAuOOI2O8

188

Service

Request

:

1 753354035

Arm

M.

Shelby

P.O.

Box

486

Catoosa, OK

74015

United States

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Date: Monday, April 16, 2012 2:12

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Mini

Top

Ha t

Dia de

lo s

muertos

Kitty

Ca t

Mask w as received

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04/16/2012.

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— ‘ ..

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.

Certificate of Registration

Title

This Certificate issued under the seal of the Copyright

Office in accordance with title i7,

United States Code

attests that registration has been made for the work

identified below. The information on this certificate has

been made a part

of

the Copyright Office records.

Register

of

Copyrights, United States of America

Title

of

Work:

Skull Pink Bridal Rose Mask

Registration Number

VA

1-933-427

Effective date of

registration:

August 15, 2014

Completion/Publication

Author

Year of Completion:

2012

Date of 1st Publication: September 9, 2012

•

Author:

Ann M. Shelby

Author Created:

2-D artwork

Citizen of:

United States

Copyright claimant

Copyright Claimant:

Ann M. Shelby 1

Nation of 1st Publication: United States

P.O. Box 486,

C a t ~ p s a ,

OK, 74015

Limitation o copyright claim

Material excluded from this claim:

blank mask 3D

New m a t ~ r i a l included in claim:

2-D artwork

Rights and Permissions

Certification

Name: Ann

M. Shelby

Email:

[email protected]

Address:

P.O. Box 486

Catoosa, OK 74015

Name:. Ann

M Shelby

Date:

August 15, 2014

Telephone:

918-63

Pag

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ertificate

of

Registration

Title

This Certificate issued under the seal

of

the Copyright

Office in accordance with title i7, United States Code

attests that registration has been made for the work


been made a part of the Copyright Office records.

Register of Copyrights, United States

of

America

Title

of

Work:

Lady

of

the Flowers Mask

Registration Number

VA 1-932-431

Effective date of

registration:

· July 14 2014


Year

of

Completion: 2010

Author

Date of 1st Publication:

August

10 2010

•

Author: AnnM.

Shelby

Author

Created:

2-D artwork

Citizen of:

United States

Year Born: 1954

Copyright claimant

Copyright Claimant: Ann M.

Shelby

Nation of 1st Publication:

United States

Domiciled in: United States

P.O. Box

486,

Catoosa,

OK, 74015

Limitation o copyright claim

Material excluded from this claim: 3D

mask blank

New material included in claim:

2-D artwork

Rights and

e r m i s ~ i o n s

Certification

Name: AnnM.

Shelby

Email: masque:[email protected]

Address: 'P.O .Box 486

Catoosa,

OK 74015

Name: Ann M

Shelby

Date: .

July

14, 2014

Telephone: 918-639

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Web Voyage Record View 1

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Search Request: Left Anchored Title

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dia de los muertos cat skeleton mask

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~ ~ Inext

Dia de

Los

Muertos Cat Skeleton Mask.

Type

of Work:

Visual Material

Registration Number I Date:

VAOOOl

927362 I 2013-11 -13

Application Title: Dia de los Muertos Cat Skeleton Mask.

Title: Dia de los Muertos Cat Skeleton Mask.

Description: Electronic file (eService)

Page 1 of 2

Copyright Claimant: Ann M. Shelby, 1954

-.

Address : P.O. Box 486, Catoosa, OK,

74015, United States.

Date

of

Creation: 2009

Date

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Publication: 2010-04-28

Nation

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First Publication: United States

Authorship on Application: Ann M. Shelby, 1954- ; Citizenship: United States. Authorship : 3D

artwork.

Pre-existing Material : paper mache mask.

Basis

of Claim: 2-D artwork.

Rights and Permissions: Ann M. Shelby, P.O. Box 486, Catoosa, OK, 74015, United States,

(918) 639-3605, [email protected]

Copyright Note: C.O. correspondence .

Names: Shelby, Ann M., 1954-

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Certificate

ofRegistration

Title

This

Certificate

issued under the seal of

the

Copyright

Office

in accordance

with title

17,

United

States Code,

attests

that registration

has

been made for

the

work

identified

below.

Th e

information

on

this

certificate

has

been

made

a

part

of

the Copyright

Office records.

Register

of

Copyrights,

United States of

America

Registration

Number

VA

1-955-785

Effective

Date

of

Registration:

November

13,

2013

Title

of Work:

nmnIptinnIPi

ihIkitinn

Black

Heart Spider

Woman

Mask

Author

Year

of

Completion:

Date of

1st

Publicatioa:

Nation of Publication:

2012

September

09,

2012

United

States

.

Author:

Author

Created:

Citizen

of:

Year

Born:

Ann

M.

Shelby

all

surface

2-Dimensional

artwork

some adapted 3-Dimensional artwork

United States

1954

Copyright

Claimant

Copyright

Claimant: Ann

M..

Shelby

P.O.

Box 486, Catoosa, OK ,

74015,

United

States

Rights

and Permissions

-

Name:

Emaih

Telephone:

Address:

Ann

M.

Shelby

[email protected]

(918)639-3605

P.O.

Box 486

Catoosa,

OK

74015

United

States

Name:

rm

M.

Shelby

Date:

November 13, 2013

Limitation

of

copyrightclaim

Material

excluded

from this

claim:

preexisting

blank

paper mache

mask

Newinaterizligeltidl

in

claim:

al1surac2Drnensionatartwork

some

adapted3Dimensional

artwork

Certification

Page

of2

EXHIBIT 15

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Registration

: VA0001955785

Service

Request

: 1-1020651972

Ann

M.

Shelby

P.O.

Box

486

Catoosa,

OK

74015

United

States

EXHIBIT 15

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Date:

Wednesday, November 13 ,

2013 6:45

AM

From:

Copyright Office

To:

[email protected]

Subject:

Confirmation

of

Receipt

THIS

IS AN

AUTOMATED

EMAIL

— PLEASE

DO

NO T

REPLY.

Your

application and

payment

for th e work

Black

Heart

Spider Woman

Mask were

received

by th e U.S. Copyright Office on 11/13/2013.

PLEASE

NOTE:

Your

submission is not

complete until you

upload

or mai l th e

material

you

ar e

registering.

To

do

so ,

logon

to

eCO

https://eco.copyright.gov/eService

enu/I and

click on case number

1—1020651972

in the

Open Cases

table. Follow

th e

instructions

to

either

upload

a

digital

copy

or

mail

a

phys ica l

copy

with shipping

slip

at tached) of th e work

being

registered.

Addit ional

instructions

and

requirements for

submitt ing

th e

material

being

registered

can be found

at

http://www.copvright.gov/eco/tips/.

SHIPPING

SLIPS:

If you

mail physical copies of

th e

material being

registered,

th e

effective

date of

registration will be

based

on th e d ate

on

which

we

receive

th e c op ie s WITH CORRESPONDING SHIPPING SLIPS

ATTACHED.

A printable

copy of

th e application will be

available within

24

hours

by

clicking th e My

Applicat ions

link

in

th e

left

to p

most

navigat ion menu

of

th e

Home screen .

You may check th e

status

of this

claim

v ia eCO using this

number 1—1020651972.

If you

have

quest ions

or

need assistance,

Copyright

Office

contac t

information

can

be

found

at http:

/ /www.copyright . gov/help/index.htmlgeneral.

United

States

Copyr igh t Of f ic e

EXHIBIT 15

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Date:

Wednesday,

November

13,

2013 6:55 AM

From:

Copyright

Office

To:

[email protected]

Subject:

Acknowledgement of

Uploaded

Deposit

THIS IS

AN

AUTOMATED

EMAIL. PLEASE DO

NO T

REPLY.

T ha nk y ou for submitt ing

your

registration

c la im u sin g

th e Electronic Copyright

Office

ECO)

System.

The following

files

were

successfully

uploaded

for

service request

1—1020651972

File Name

:DSCN4915.JPG

File Size

:3322

KB

Date/Time

:11/13/2013

6:47:47

AN

File

Name

:DSCN5629.JPG

File Size

:3399

KB

Date/Time

: 11 /13 /2013 6 :47 :47

AN

File Name :DSCN8178.JPG

File Size

:2047

KB

Date/Time : 11 /13 /2013 6 : 47 :47

AM

[THREAD

ID :

1-GVP12IJ

United

States Copyr ight

Office

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Certificate

of

Registration

Title

This Certificate issued under the

seal

of the Copyright

Office

in accordance with title 17, United States

Code,

attests that

registration

has

been made

for

the

work

identified

below.

The

information

on

this certificate has

been made

a

part of

the

Copyright

Office

records,

A

Register

of

Copyrights,

United

States

of

America

Registration

Number

VA 1-955-791

Effective Date

ofRegistration:

October 13,

2013

Title

of Work:

CompletionlPublication

Day

of

the Dead

Gentleman’s Mask

Author

Year

of

Completion:

Date

of

1st Publication:

Nation

of

t

Publication:

2012

October

13,

2012

United States

Author:

Author Created:

Citizen

of:

Domiciled

in:

Year

Born:

Copyright Claimant —

Ann M. Shelby

all surface

2-Dimensional

artwork

some adapted

3-Dimensional

artwork

United

States,

United States

1954

Copyright

Claimant:

‘Limitation

of

copyright

claim

AnnM.Shelby

P.O. Box

486,Catoosa,

OK,

74015,

Unite4

States

Material

excluded

from

this claim:

preexisting

blanic

paper mache

mask

New

material

included in

claim:

all surface

2-Dimensiànal artwork

some

adapted

3-Dimensional

artwork

Rights and

Permissions

Name:

Ann

M.

Shelby

Date: October 13,

2013

Name:

Email:

Telephone:

Certification

Ann M. Shelby

[email protected]

(-918)639-3605

Page

of2

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Registration

:

VA0001955791

Service Request

:

1-1006

170721

Ann

M.

Shelby

P.O.

Box 486

Catoosa,

OK

74015

EXHIBIT 16

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Date:

Sunday,

October

13,

2013

11:07

P

From

Copyright

Office

To:

[email protected]

Subject: Acknowledgement

of Uploaded

Deposit

THIS IS AN AUTOMATED

EMAIL. PLEASE DO

NOT REPLY.

Thank

you

fo r

submitt ing your

registration c la im u sin g

t he E l ec tr o ni c

Copyright

Office ECO) System.

The

following files

were successful ly

uploaded

fo r

service

request 1—1006170721

File

Name

:DSCN5336.JPG

File

Size :6139

KB

Date/Time

:10/13/2013

10:59:38 PM

[THREAD

ID: l—GN2OG]

United

States

Copyright

Office

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Certificate of Registration

This Certificate issued under the seal of the Copyright

Office in accordance with title 17 United States

Code

attests

that

registration has been made for the work


been made a part of the Copyright Office records.

Register

of

Copyrights, United States of America

Registration Number

VA 1-933-282

Effective date of

registration:

August 14 2014

Title

Title

of

Work: Bald Beast Mask


Year of Completion: 2014

Date

of

1st Publication: July 13 2014

Nation

of

lst Publication: United States

Author

• Author:

Ann

M. Shelby

Author Created: 2-D artwork

Citizen of: United States

Year Born: 1954

Copyright claimant

Copyright Claimant: Ann M. Shelby

P.O. Box 486, C a t q o ~ a ,

OK

74015

\

Limitation of copyright claim

_Milterial excluded from this claim: blank mask 3D

New material included

in

claim: 2-D

artwork

Rights and Permissions

Name:

Ann

M.

Shelby

Email:.

[email protected]

\

Address: P.O. Box486

Catoosa, OK 74015

Certification

Name:

Ann

M.

Shelby

Date:

August

14,

2014

Telephone: 918-639

Page

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WebVoyage Record View 1

~ o p y r i g h t

United

States

Copyright Office

Public Catalog



=

cat jaguar butterfly mask

Search Results: Displaying 1 of I entries

~

- - - -

~

Inext } -j

Cat Jaguar Butterfly Mask.

Type of

Work:

Visual Material

Registration Number I Date: VAOOOl 945007 I 2015-01-05

Application Title: Cat Jaguar Butterfly Mask.

Title:

Cat Jaguar Butterfly Mask.

Description:

Electronic file (eService)

Page 1 of 2

.

Copyright Claimant: Ann M. Shelby, 1954- . Address :

P.O.

Box 486, Catoosa,

OK,

74015.

Date

of Creation: 2012

Date of Publication:

2012-09-21

Nation

of First

Publication:

United States

Authorship on Application: Ann M. Shelby, 1954- ; Citizenship: United States. Authorship: 2-D

artwork.

Pre-existing Material:

3D blank mask.

Basis of Claim: 2-D artwork.

Rights and Permissions:

Ann M. Shelby,

P.O.

Box 486, Catoosa,

OK,

74015, (918) 639-3605,

[email protected]

Names:

Shelby, Ann M

.

1954-

previous

11

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I

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opyright

United St;J.tes

Copyright

Offi.cr

- -- - .

·

. .

Titles

Start Over

Public

Catalog



=

black and white cat mask

Search Results : Displaying 1

of

1 entries

v l o u ne

t

Labeled

View

Black and White Cat Mask.

Type of

Work

: Visual Material

Registration

Number I

Date:

VAOOOl

934172

I

2014-08-24

Application Title: Black and White Cat Mask.

Title: Black and White Cat Mask.

Description: Electronic file ( eService)

Page 1 of 2

Copyright Claimant:

Ann M. Shelby. Address: P.O. Box 486, Catoosa, OK, 7401 5.

Date of Creation: 201

2

Date

of

Publication:

2012-04-20

Nation

of First

Publication:

United States

Authorship on Application: Ann M. Shelby; Citizenship: United States. Authorship : 2-D

artwork.

Pre-existing Material: blank mask.

Basis

of

Claim: 2-D artwork.

Rights

and

Permissions: Ann M. Shelby, P.O. Box 486, Catoosa, OK, 74015, (918) 639-3605,

[email protected]

Names: Shelby, Ann M.

p

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EXHIBIT 26

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8/17/2019 S

Documents

Shelby v. Nylus - Complaint