Shardan Oregon Copyright Complaint

8/13/2019 Shardan Oregon Copyright Complaint

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FILED(lt, I f ~ 1311 : 5USDCiJRPLeonard D. DuBoff, OSB #[email protected] DuBoff Law Group, LLC6665 S.W. Hampton Street, Suite 200Portland, Oregon 97223-8357Telephone: (503) 968-8111Facsimile: (503) 968-7228Of Attorneys for PlaintiffShardan International Marketing, Inc.

UNITED STATES DISTRICT COURTDISTRICT OF OREGON 3 13 CV 2146

SHARDANINTERNATIONALMARKETING INC. an Oregon Corporation,

Plaintiff,v.

Case No.-COMPLAINT

Copyright Infringement(17 U.S.C 501, et seqIANE ADAMS an individual, SEARSROEBUCK AND CO. a foreign corporation and

AMAZON.COM INC., a foreign corporation. DEMAND FOR JURY TRIALDefendants.

Plaint iff Shardan International Marketing, Inc. alleges its action against Diane Adams,Sears, Roebuck and Co. and Amazon.com, Inc. as follows:

JURISDICTION AND VENUE1. This is a claim for copyright infringement arising under 17 U.S.C. 501-513.2. This Court has federal subject matter jurisdict ion over this action pursuant to 28 U.S.C. 1331 and 1338.3. Venue is proper in this district pursuant to 28 U.S.C. 1391(b)(2) because a substantialpart of the events giving rise to this claim occurred in this district.

PARTIES4. PlaintitT Shardan International Marketing, Inc. ( Shardan'') is a corporation which at allrelevant times herein has had its principal place of business in Las Vegas, Nevada. Shardan holdscopyrights in certain works of art of one of its principals, Sharie Hatchett Bohlmann. amongPage -COMPLAINT

s:

Case 3:13-cv-02146-SI Document 1 Filed 12/06/13 Page 1 of 8 Page ID#: 1


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them the copyrights in the works set forth below, henceforth collectively called the Works :Paradise registered March 30, 2007 as VAu 741-465; Fragrant Breeze registered March 30,2007 as VAu 741-695; A Step Back n Time registered February 13,2003 as VAu 576-750;Amber Afternoon registered May 17, 2006 as V Au 703-798; Floral Tapestry registered July 20,2004 as V Au 644-149; Lost in Time registered July 20, 2004 as V Au 644-149; Memories o heMoment registered October 9, 2001 as VAu 530-072; Garden o Memories registered March 26,2007 as V Au 735-638; Mediterranean Memories registered March 30, 2007 as Vau 741-694;Mediterranean Secret registered March 30, 2007, as V Au 741-466; Italian Love Song registeredMarch 30,2007 as VAu 741-693; and Bougainvillea Canopy registered October 30, 2006 asV Au 724-195. Attached as Exhibit 1 are true and correct copies of the certificates of registrationfor the Works, along with true and correct copies of each of the Works.5 Defendant Diane Adams ( Adams ), an individual, sells art prints throughout the UnitedStates, including Oregon, and the world.6 Defendant Amazon.com, Inc. ( Amazon ), a corporation formed under the laws of thestate of Delaware, with its principal place of business in Seattle, Washington, sells a variety ofitems throughout the United States, including Oregon. and the world.7 Defendant Sears, Roebuck, and Co. ( Sears''). a corporation formed under the laws of thestate of New York, with its principal place of business in Hoffman Estates, Illinois, sells avariety of items throughout the United States, including Oregon. and the world.

FIRST CLAIM FOR RELIEFCopyright Infringement against Adams)

8 Shardan re-alleges and incorporates herein. by reference. each and every allegationcontained in paragraphs 1 through 7 above. as though fully set forth herein.9 In July 2013, Shardan discovered that Adams was selling reproductions ofthe Works.Attached as Exhibit 2 are copies of printouts depicting those reproductions.10 Shardan has never authorized Adams to reproduce the Works.Page 2 -COMPLAINT



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11. Shardan is informed and believes that Adams has been selling the reproductions of theWork for an extensive period of time.12. Shardan is, and at all times herein mentioned was, the sole owner of the copyrights in theWorks.13. The acts alleged herein constitute copyright infringement under 17 U.S.C. 501.14. Shardan is informed and believes and based thereon alleges that Adams acts allegedabove were at all times committed intentionally and willfully.15. Adams acts have caused and will continue to cause, unless enjoined, irreparable injury toShardan, including injury to Shardan's business reputation and goodwill. Shardan has noadequate remedy at law.16. Shardan is entitled to an injunction restraining Adams and all persons acting in concertwith her from engaging in any further acts of infringement.17. Shardan is further entitled to recover from Adams the actual damages Shardan hassustained and will sustain and any gains, profits, and advantages obtained by Adams as a resultof its acts and infringements alleged above. At present, the amount of such damages, gains,profits, and advantages cannot be fully ascertained by Shardan.18. In the alternative, Shardan is entitled to recover statutory damages of $750 to $30,000 peract of infringement pursuant to 7 U S.C. 504( c)(I). Further, because Adams acted willfully,Shardan is entitled to enhanced statutory damages up to $150,000 per act of infringement asprovided in 7 U.S.C. 504(c)(2).19. Shardan is also entitled to an award of its reasonable attorneys' fees and costs pursuant to7 U.S.C. 505.

SECOND CLAIM FOR RELIEF(Copyright Infringement against Sears)

20. Shardan re-alleges and incorporates herein. by reference, each and every allegationcontained in paragraphs 1 through 9 above, as though fully set forth herein.Page 3 -COMPLAINT



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21. In July 2013, Shardan discovered that Sears was selling Adams reproductions of two ofthe Works, Bougainvillea Canopy and Italian Love Song, on its website. ee Exhibit 222. Shardan has never authorized Sears to sell Adams reproductions of the Works or toreproduce the Works.23. Shardan is informed and believes that Sears has been selling the reproductions of theWork for an extensive period of time.24. Shardan is, and at all times herein mentioned was, the sole owner of the copyrights in theWorks.25. The acts alleged herein constitute copyright infringement under 17 U.S.C. 501.26. Shardan is informed and believes and based thereon alleges that Sears' acts alleged abovewere at all times committed intentionally and willfully.27. Sears' acts have caused and will continue to cause, unless enjoined, irreparable injury toShardan, including injury to Shardan's business reputation and goodwill. Shardan has noadequate remedy at law.28. Shardan is entitled to an injunction restraining Sears and its respective directors, officers,agents, employees, representatives, and all persons acting in concert with them, from engaging inany further acts of infringement.29. Shardan is further entitled to recover from Sears the actual damages Shardan hassustained and will sustain and any gains, profits, and advantages obtained by Sears as a result ofits acts and infringements alleged above. At present, the amount of such damages, gains. profits.and advantages cannot be fully ascertained by Shardan.30. In the alternative, Shardan is entitled to recover statutory damages of 750 to 30.000 peract of infringement pursuant to 17 U.S.C. 504(c)(l). Further, because Sears acted willfully.Shardan is entitled to enhanced statutory damages up to 150,000 per act of infringement asprovided in 17 U.S.C. 504(c)(2).

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31. Shardan is also entitled to an award of its reasonable attorneys fees and costs pursuant to7 U.S.C. 505.

THIRD CLAIM FOR RELIEFCopyright Infringement against Amazon)

32. Shardan re-alleges and incorporates herein, by reference, each and every allegationcontained in paragraphs 1 through 3 above, as though fully set forth herein.33. In July 2013, Shardan discovered that Amazon was selling Adams reproductions oftenofthe Works, Paradise, Fragrant Breeze, A Step Back in Time, Amber Afternoon, FloralTapestry, Lost in Time, Memories ofthe Moment, Garden of Memories, MediterraneanMemories, Mediterranean Secret, on its website. ee Exhibit 2.34. Shardan has never authorized Amazon to sell Adams reproductions of the Works or toreproduce the Works.35. Shardan is informed and believes that Amazon has been selling the reproductions of theWork for an extensive period of time.36. Shardan is, and at all times herein mentioned was, the sole owner of the copyrights in theWorks.37. The acts alleged herein constitute copyright infringement under 7 U.S.C. 501.38. Shardan is informed and believes and based thereon alleges that Amazon s acts allegedabove were at all times committed intentionally and willfully.39. Amazon s acts have caused and will continue to cause, unless enjoined. irreparable injuryto Shardan, including injury to Shardan s business reputation and goodwill. Shardan has noadequate remedy at law.40. Shardan is entitled to an injunction restraining Amazon and its respective directors,officers, agents, employees, representatives. and all persons acting in concert with them. fromengaging in any further acts of infringement.

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41. Shardan is further entitled to recover from Amazon the actual damages Shardan hassustained and will sustain and any gains, profits, and advantages obtained by Amazon as a resultof its acts and infringements alleged above. At present, the amount of such damages, gains,profits, and advantages cannot be fully ascertained by Shardan.42. In the alternative, Shardan is entitled to recover statutory damages of 750 to 30,000 peract of infringement pursuant to 17 U.S.C. 504(c)(1). Further, because Amazon acted willfully,Shardan is entitled to enhanced statutory damages up to 150,000 per act of infringement asprovided in 17 U.S.C. 504(c)(2).43. Shardan is also entitled to an award of its reasonable attorneys' fees and costs pursuant to17 U.S.C. 505.

WHEREFORE Shardan prays for judgment as follows:A That Adams and anyone else acting on her behalf be enjoined during the pendency of thisaction and permanently from directly or indirectly infringing Shardan's aforementionedcopyrights in the manner alleged above;B That Adams and anyone else acting on her behalf be required to pay Shardan suchdamages as Shardan has sustained as a consequence of Adams' infringement, and to account forall gains, profits, and advantages derived by Adams by reason of her infringements of Shardan'scopyrights, in an amount to be determined at trial;C. In the alternative, that Shardan be awarded statutory damages of up to 150,000 per actof infringement of Shardan's copyrights by Adams;D. That Adams pay to Shardan the costs of this action, and reasonable attorneys' fees to beawarded by the court pursuant to 17 U.S.C. 505;E. That Shardan be awarded punitive damages in an amount to be proven at trial for thewillful, wanton. and malicious actions of Adams in disregard of Shardan's rights;F That Sears and its respective officers. agents. employees. successors, assigns. and anyoneelse acting on its behal[ be enjoined during the pendency of this action and permanently fromPage 6 COMPLAINT



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directly or indirectly infringing Shardan s aforementioned copyrights in the manner allegedabove;G That Sears and its respective officers, agents, employees, successors, assigns, and anyoneelse acting on its behalf, be required to pay Shardan such damages as Shardan has sustained as aconsequence of Sears' infringement, and to account for all gains, profits, and advantages derivedby Sears by reason of its infringements of Shardan s copyrights, in an amount to be determinedat trial;H In the alternative, that Shardan be awarded statutory damages of up to 150,000 per actof infringement of Shardan s copyrights by Sears;I That Sears pay to Shardan the costs of this action, and reasonable a ttorneys' fees to beawarded by the court pursuant to 17 U.S.C. 505;J That Shardan be awarded punitive damages in an amount to be proven at trial for thewillful, wanton, and malicious actions of Sears in disregard of Shardan s rights; and,K. That Amazon and its respective officers, agents, employees, successors, assigns, andanyone else acting on its behalf, be enjoined during the pendency of this action and permanentlyfrom directly or indirectly infringing Shardan s aforementioned copyrights in the manner allegedabove;L That Amazon and its respective officers, agents, employees, successors. assigns, andanyone else acting on its behalf, be required to pay Shardan such damages as Shardan hassustained as a consequence of Amazon s infringement, and to account for all gains. profits. andadvantages derived by Sears by reason of its infringements of Shardan s copyrights, in anamount to be detem1ined at trial;M In the alternative. that Shardan be awarded statutory damages of up to 150.000 per actof infringement of Shard an s copyrights by Amazon;N. That Amazon pay to Shardan the costs of this action, and reasonable attorneys fees to beawarded by the court pursuant to 17 U.S.C. 505;Page COMPLAINT



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0. That Shardan be awarded punitive damages in an amount to be proven at trial for thewillful, wanton, and malicious actions of Amazon in disregard of Shardan s rights; and,P That Shardan have such other and further rel ief as is just and equitable.

DEMAND FOR JURY TRIAL

Plaintiff demands trial by jury.DATED this 4th day of December, 2013.

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THE DUBOFF LAW GROUP, LLC

Leonard D DuBoff, OSB [email protected] Attorneys for Plaintiff Shardan


Shardan Oregon Copyright Complaint

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