Teespring v. Viralstyle - Complaint

8/10/2019 Teespring v. Viralstyle - Complaint

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Michael T. Jones (SBN 290660)[email protected] PROCTER LLP 135 Commonwealth DriveMenlo Park, California 94025Tel.: 650.752.3100

Fax: 650.853.1038

Attorney for PlaintiffTeespring

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

TEESPRING,

Plaintiff,

v.

VIRALSTYLE LLC,

Defendant.

Case No. __________________

COMPLAINT

JURY TRIAL DEMANDED

Case3:14-cv-04724 Document1 Filed10/23/14 Page1 of 7



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COMPLAINT

Plaintiff Teespring (“Plaintiff”), by its attorneys, states as follows:

1. This is a copyright infringement action. Plaintiff seeks damages and injunctive relief

against Defendant Viralstyle LLC (“Defendant”), who knowingly and willfully infringed Plaintiff’s

copyrighted works by copying Plaintiff’s proprietary garment template images and posting them to

Defendant’s own website.

THE PARTIES

2. Plaintiff Teespring is a Delaware corporation with a principal office located at 460

Bryant St. Suite 200 San Francisco, California 94107.

3.

On information and belief, Defendant Viralstyle LLC is a Florida corporation located

at 11800 Dr. Martin Luther King Jr St N, Unit 2302, St. Petersburg, FL 33716.

JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction based upon 28 U.S.C. §§ 1331, 1338(a).

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

transacted business in the state from which this action arises, and because the Defendant knowingly

engaged in infringement of property owned therein.

6. Venue in this Court is proper under 28 U.S.C. §§ 1391(b) and 1400(a).

FACTS

7. Since 2011, Plaintiff provides a platform at teespring.com that allows users to upload

their own customized garment designs and “crowdfund” them. Specifically, Plaintiff allows users to

select colors and upload designs for a variety of apparel styles, choose a sales goal, and launch their

own clothing campaign. The user sets pricing and promotes their product. If a user reaches his or her

sales goal, Plaintiff handles the production and distribution of the user’s customized garment and

sends the user a check as agreed between the user and the Teespring service.

8. In order to allow users to envision what their garment designs will look like when

produced, teespring.com uses a series of transparent garment templates (“Garment Templates”).

These transparent images of the various apparel styles available for production on teespring.com

allow users to accurately gauge the appearance of their designs on an apparent three-dimensional




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garment. Below is an example of one of Plaintiff’s transparent Garment Templates, as well as the

same template image placed over a color swatch to demonstrate the transparency effect:

Teespring Garment Template Garment Template over a SolidRed Background

9. Each Garment Template is created by posing, lighting and photographing a particular

garment such that its folds and shadows create the impression of depth corresponding to a garment

that is being worn.

10. The completed transparent Garment Template can be placed over a color or uploaded

digital image to create an apparent three-dimensional version of a user’s clothing design.

11. The realism of Plaintiff’s Garment Templates helps drive Plaintiff’s business.

Potential designers that can clearly see what their designs will look like on a real garment are more

confident in seeking to sell their designs online. Similarly, potential buyers are more likely to

purchase a garment when they can see what it will look like when it is being worn.

12. Due to the way Plaintiff’s Garment Templates are created, each is composed of a

unique arrangement of pixels and is thus identifiable via a pixel value analysis.

13. The following are some of the Garment Templates available on teespring.com: a

Men’s Crewneck T-Shirt, front and back (“Crewneck”); a Women’s T-Shirt, front and back

(“Women’s); a Long-Sleeve T-Shirt, front and back (“Long-Sleeve”); and a Hooded Sweatshirt, front

and back (“Hoodie”). Images of each Garment Template are attached as Exhibit 1.




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14. Plaintiff is the owner of the copyright registrations for the Long-Sleeve and Hoodie

Garment Templates. The Long-Sleeve template bears Copyright Registration No. VA0001926744.

The Hoodie template bears Copyright Registration No. VA0001926803.

15.

Go Media, Inc., a company that produces and sells commercial images, is the owner

of the copyright registr ations for the Crewneck and Women’s Garment Templates. The Crewneck

template bears Copyright Registration No. VA0001926746. The Women’s template bears Copyright

Registration No. VA0001926742.

16. Plaintiff owns the exclusive license to reproduce, display, distribute, create derivative

works of or otherwise use the Crewneck and Women’s Garment Templates, in whole or in part, in

connection with any web-based and mobile design applications.

17. Defendant operates a website at viralstyle.com that is similar to the site found at

teespring.com.

18. On information and belief, Defendant also allows users to design custom apparel by

uploading images and designs to viralstyle.com, to set sales goals for the sale of such apparel, and to

sell the apparel when that sales goal is met.

19. During a review of viralstyle.com, Plaintiff’s employees noticed that Defendant was

utilizing transparent garment images that appeared to be identical to the Garment Templates owned or

licensed by Plaintiff. The garment images on viralstyle.com have folds and shadows in exactly the

same configuration as found in the Garment Templates created by Plaintiff. The viralstyle.com

images are also transparent, allowing them to be placed over user selected colors or uploaded designs

Copies of the garment images displayed on viralstyle.com are attached as Exhibit 2.

20. The following is a side by side comparison of images of men’s T-shirts, taken from

viralstyle.com and teespring.com:




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Teespring Garment Template Image Found on viralstyle.com

21. A pixel analysis of the images obtained from viralstyle.com showed a 100% pixel

match between the images found on Defendant’s site and Plaintiff’s Garment Templates.

22. A 100% pixel match can only come from a direct and exact copy. Even if Defendant

had made or obtained similarly staged apparel photographs to make transparent garment templates,

those newly created templates would not be an exact pixel match to Plaintiff’s Garment Templates.

23. On information and belief, Defendant obtained the garment images displayed upon

viralstyle.com by navigating to teespring.com and copying the Garment Templates from Plaintiff’s

website.

24. By copying and utilizing Plaintiff’s Garment Templates, Defendant unfairly reaps the

benefits of Plaintiff’s exclusive copyright interest in the images in connection with web-based and

mobile design applications.

25. On September 10, 2014, counsel for Plaintiff sent a letter to Defendant identifying the

infringing garment images, explaining the pixel analysis demonstrating that Defendant’s images

were, in fact, exact copies of Plaintiff’s Garment Templates and requesting that all infringing copiesof Teespring Garment Templates be removed from viralstyle.com.

26. Defendant responded on October 6, 2014 stating that it would make “the appropriate

changes to its website to address the issues set forth in” Plaintiff’s September 10, 2014 letter.

27. On October 7, 2014 Plaintiff again directed a letter to Defendant requesting the

removal of all copies of Plaintiff’s Garment Template images from viralstyle.com.




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28. As of October 22, 2014, the infringing images were still being used on Defendant’s

site.

29. On information and belief, Defendant intends to continue its infringement of

Plaintiff’s copyrights unless restrained by this court.

COUNT I – COPYRIGHT INFRINGEMENT

30. Paragraphs 1 through 29 are incorporated by reference as if fully set forth herein.

31. Plaintiff is the sole owner of the Long-Sleeve and Hoodie templates, as well as the

corresponding copyrights and Certificates of Registration.

32. Plaintiff is the exclusive licensee of the Crewneck and Women’s templates, both of

which bear Certificates of Registration.

33. Defendant has intentionally infringed the copyrights underlying Plaintiff’s Garment

Templates by the unauthorized copying and displaying of infringing materials in the United States.

34. Defendant’s infringement has led to its own unjust enrichment and injured Plaintiff

in amounts to be determined at trial.

35. On information and belief, Defendant intends to continue their infringement of

Plaintiff’s copyrights unless restrained by this court.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Teespring respectfully requests that this Court enter a Judgment

against Defendant as follows:

A. Awarding damages in an amount to be determined at trial, including without

limitation compensatory, restitutionary, punitive and exemplary damages;

B. Requiring Defendant, including its officers agents, servants, employees and any and

all persons in active concert or participation with it who receive actual notice of the Order, be

enjoined and restrained, by preliminary and permanent injunction and ordered:

(i) To cease all use or display of Plaintiff’s Garment Templates; and

(ii) To deliver to this Court by a date which the Court shall direct for impounding

during the pendency of this action, all such infringing materials in Defendant’s




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possession, custody or control.

C. That at the conclusion of this action the preliminary injunction prayed for above be

made permanent, and that all infringing materials impounded by the Court during the

pendency of this action shall be destroyed; and

D. Granting Plaintiff such other and further relief as the Court deems just and proper.

JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable.

Dated: October 23, 2014 Respectfully submitted,GOODWIN PROCTER LLP

/s/ Michael T. JonesMichael T. [email protected] PROCTER LLP 135 Commonwealth DriveMenlo Park, California 94025Tel.: 650.752.3100

Fax: 650.853.1038

Attorney for PlaintiffTeespring




EXHIBIT 1

Case3:14-cv-04724 Document1-1 Filed10/23/14 Page1 of 3



Teespring Crewneck Garment Template, Copyright Registration No. VA0001926746

Teespring Woman’s Garment Template, Copyright Registration No. VA0001926742




Teespring Long-Sleeve Garment Template, Copyright Registration No. VA0001926744

Teespring Hoodie Garment Template, Copyright Registration No. VA0001926803




EXHIBIT 2




JS 44 (Rev. 12/07) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as pr

y local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of inhe civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.)

. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE

LAND INVOLVED.

(c) Attorney’s (Firm Name, Address, and Telephone Number) Attorneys (If Known)

I. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for P

(For Diversity Cases Only) and One Box for Defendant

1 U.S. Government 3 Federal Question PTF DEF PTF DPlaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4

of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5

Defendant(Indicate Citizenship of Parties in Item III)

of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6

Foreign Country

V. NATURE OF SUIT (Place an “X” in One Box Only)

CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTE

110 Insurance P ERSONAL INJURY PERSONAL INJURY 610 Agriculture 422 Appeal 28 USC 158 400 State Reapportionm

120 Marine 310 Airplane 362 Personal Injury - 620 Other Food & Drug 423 Withdrawal 410 Antitrust

130 Miller Act 315 Airplane Product Med. Malpractice 625 Drug Related Seizure 28 USC 157 430 Banks and Banking

140 Negotiable Instrument Liability 365 Personal Injury - of Property 21 USC 881 450 Commerce

150 Recovery of Overpayment 320 Assault, Libel & Product Liability 630 Liquor Laws PROPERTY RIGHTS 460 Deportation

& Enforcement of Judgment Slander 368 Asbestos Personal 640 R.R. & Truck 820 Copyrights 470 Racketeer Influence

151 Medicare Act 330 Federal Employers’ Injury Product 650 Airline Regs. 830 Patent Corrupt Organizatio

152 Recovery of Defaulted Liability Liability 660 Occupational 840 Trademark 480 Consumer Credit

Student Loans 340 Marine PERSONAL PROPERTY Safety/Health 490 Cable/Sat TV

(Excl. Veterans) 345 Marine Product 370 Other Fraud 690 Other 810 Selective Service

153 Recovery of Overpayment Liabil ity 371 Truth in Lending LABOR SOCIAL SECURITY 850 Securities/Commod

of Veteran’s Benefits 350 Motor Vehicle 380 Other Personal 710 Fair Labor Standards 861 HIA (1395ff) Exchange

160 Stockholders’ Suits 355 Motor Vehicle Property Damage Act 862 Black Lung (923) 875 Customer Challenge

190 Other Contract Product Liability 385 Property Damage 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 12 USC 3410

195 Contract Product Liability 360 Other Personal Product Liability 730 Labor/Mgmt.Reporting 864 SSID Title XVI 890 Other Statutory Acti

196 Franchise Injury & Disclosure Act 865 RSI (405(g)) 891 Agricultural Acts

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 740 Railway Labor Act FEDERAL TAX SUITS 892 Economic Stabilizat

210 Land Condemnation 441 Voting 510 Motions to Vacate 790 Other Labor Litigation 870 Taxes (U.S. Plaintiff 893 Environmental Mat

220 Foreclosure 442 Employment Sentence 791 Empl. Ret. Inc. or Defendant) 894 Energy Allocation A

230 Rent Lease & Ejectment 443 Housing/ Habeas Corpus: Security Act 871 IRS—Third Party 895 Freedom of Informa

240 Torts to Land Accommodations 530 General 26 USC 7609 Act

245 Tort Product Liability 444 Welfare 535 Death Penalty IMMIGRATION 900Appeal of Fee Determ

290 All Other Real Property 445 Amer. w/Disabilities - 540 Mandamus & Other 462 Naturalization Application Under Equal Access

Employment 550 Civil Rights 463 Habeas Corpus - to Justice

446 Amer. w/Disabilities - 555 Prison Condition Alien Detainee 950 Constitutionality of

Other 465 Other Immigration State Statutes

440 Other Civil Rights Actions

V. ORIGINTransferred fromanother district(specify)

Appeal to DJudge fromMagistrateJudgment

(Place an “X” in One Box Only)

1 OriginalProceeding

2 Removed fromState Court

3 Remanded fromAppellate Court

4 Reinstated or Reopened

5 6 MultidistrictLitigation

7

VI. CAUSE OF ACTION

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:

VII. REQUESTED INCOMPLAINT:

CHECK IF THIS IS A CLASS ACTIONUNDER F.R.C.P. 23

DEMAND $ CHECK YES only if demanded in complaint

JURY DEMAND: Yes No

VIII. RELATED CASE(S)IF ANY

(See instructions):JUDGE DOCKET NUMBER

DATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

EESPRING

San Francisco

VIRALSTYLE LLC

chael T. Jones, (SBN 290660)OODWIN PROCTER LLP, 135 Commonwealth Drive, Menlo Park, CA 94025

.: 650.752.3100, [email protected]

. . . , aPlaintiff seeks damages and injunctive relief against Defendant Viralstyle LLC, who knowingly and

willfully infringed Plaintiff’s copyrighted works.

✔

10/23/2014 /s/ Michael T. Jones




S 44 Reverse (Rev. 12/07)

INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet

The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as reqy law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for thf the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil comled. The attorney filing a case should complete the form as follows:

(a) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, ushe full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, g

oth name and title.

(b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at thf filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation he county of residence of the “defendant” is the location of the tract of land involved.)

(c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, nn this section “(see attachment)”.

I. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.C.P., which requires that jurisdictions be shown in pleadings. Place an “X” f the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.

United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.

United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box.

ederal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment onstitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, an

or 2 should be marked.Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenshipifferent parties must be checked. (See Section III below; federal question actions take precedence over diversity cases.)

II. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this sor each principal party.

V. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is suffo enable the deputy clerk or the statistical clerks in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, he most definitive.

V. Origin. Place an “X” in one of the seven boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.

emoved from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the peor removal is granted, check this box.

emanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.einstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.

ransferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidtigation transfers.

Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. When thchecked, do not check (5) above.

Appeal to District Judge from Magistrate Judgment. (7) Check this box for an appeal from a magistrate judge’s decision.

VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional stanless diversity. Example: U.S. Civil Statute: 47 USC 553

Brief Description: Unauthorized reception of cable service

VII. Requested in Complaint. Class Action. Place an “X” in this box if you are filing a class action under Rule 23, F.R.Cv.P.

Demand. In this space enter the dollar amount (in thousands of dollars) being demanded or indicate other demand such as a preliminary injunction.

ury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS 44 is used to reference related pending cases if any. If there are related pending cases, insert the docket nund the corresponding judge names for such cases.

Date and Attorney Signature. Date and sign the civil cover sheet.


Teespring v. Viralstyle - Complaint

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