JS 44C/SDNY

REV. 7/2012CIVIL COVER SHEET

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadings or other papers as required by law, except as provided by local rules of court. This form, approved by theJudicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose ofinitiating the civil docket sheet.

PLAINTIFFS

Eric Johnson JUDGu NATHAN

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBERAlexander Matbin, Esq.&Edmund J. Ferdinand, III, Esq.Ferdinand IP, LLC125 Park Avenue, 25th Floor, New York, NY 10017(212^520-4296

DEFENDAN'

Beam Suntor15 CV IS KgATTORNEYS (IF KNOWN)

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE)(DO NOT CITE JURISDICTIONALSTATUTES UNLESS DIVERSITY)

Direct and secondary copyright infringement in violation of 17 U.S.C. 501 et seq.

Has this or a similar case been previously filed in SDNY at anytime? No t Yes Judge Previously Assigned

Ifyes, was this case Vol. Q Invol. Q Dismissed No Q Yes Q| If ves. aive date &CasefN&l3 2 4 2015

IS THIS AN INTERNATIONAL ARBITRATION CASE? No B Yes U

(PLACEAN [x] IN ONE BOX ONLY) NATURE OF SUIT

TORTS ACTIONS UNDER STATUTES

CONTRACT PERSONAL INJURY PERSONAL INJURY FORFEITU RE/PENALTY BANKRUPTCY OTHER STATUTES

[]110 INSURANCE [ ]310 AIRPLANE [ ] 362 PERSONAL INJURY - [1610 AGRICULTURE [ ] 422 APPEAL [ ]400 STATE11120 MARINE []315 AIRPLANE PRODUCT MED MALPRACTICE [ ]620 OTHER FOOD & 28 USC 158 REAPPORTIONMENT[1130 MILLER ACT LIABILITY [ ] 365 PERSONAL INJURY DRUG [ ]423 WITHDRAWAL [ ]410 ANTITRUST[1140 NEGOTIABLE [ ] 320 ASSAULT, LIBEL & PRODUCT LIABILITY [I 625 DRUG RELATED 28 USC 157 [ 1430 BANKS & BANKING

INSTRUMENT SLANDER [ ] 368 ASBESTOS PERSONAL SEIZURE OF [ ]450 COMMERCE[1150 RECOVERY OF [ ] 330 FEDERAL INJURY PRODUCT PROPERTY [ ]460 DEPORTATION

OVERPAYMENT & EMPLOYERS' LIABILITY 21 USC 881 PROPERTY RIGHTS [ ] 470 RACKETEER INFLUENFORCEMENT LIABILITY [ ]630 LIQUOR LAWS ENCED & CORRUPTOF JUDGMENT [ ] 340 MARINE PERSONAL PROPERTY I ]640 RR& TRUCK ft820 COPYRIGHTS ORGANIZATION ACT

[1151 MEDICARE ACT [ ] 345 MARINE PRODUCT [ J 650 AIRLINE REGS [ ] 830 PATENT (RICO)[1152 RECOVERY OF LIABILITY [ ] 370 OTHER FRAUD [ ]660 OCCUPATIONAL [ ] 840 TRADEMARK [ ]480 CONSUMER CREDIT

DEFAULTED [ ]350 MOTOR VEHICLE [ ] 371 TRUTH IN LENDING SAFETY/HEALTH []490 CABLE/SATELLITE TVSTUDENT LOANS [ ] 355 MOTOR VEHICLE [ ] 380 OTHER PERSONAL [ ]690 OTHER [ J810 SELECTIVE SERVICE(EXCL VETERANS) PRODUCT LIABILITY PROPERTY DAMAGE SOCIAL SECURITY [ ] 850 SECURITIES/

[1153 RECOVERY OF [ J360 OTHER PERSONAL [ 1385 PROPERTY DAMAGE COMMODITIES/OVERPAYMENT INJURY PRODUCT LIABILITY LABOR [ ]861 HIA(1395ff) EXCHANGEOF VETERAN'S [ ]862 BLACK LUNG (923) [ 1875 CUSTOMERBENEFITS [1710 FAIR LABOR [ ) 863 DIWC/DIWW (405(g)) CHALLENGE

[1160 STOCKHOLDERS STANDARDS ACT [ 1864 SSID TITLE XVI 12 USC 3410SUITS []720 LABOFVMOMT [ j SSS RSI(403(g)) [ ] 890 OTHER STATUTORY

11190 OTHER PRISONER PETITIONS RELATIONS ACTIONSCONTRACT [1730 LABOR/MGMT []891 AGRICULTURAL ACTS

[1195 CONTRACT [1510 MOTIONS TO REPORTING & FEDERAL TAX SUITS [ 1892 ECONOMICPRODUCT ACTIONS UNDER STATUTES VACATE SENTENCE DISCLOSURE ACT STABILIZATION ACTLIABILITY 20 USC 2255 [1740 RAILWAY LABOR ACT [ ]870 TAXES (U.S. Plaintiffor [ ] 893 ENVIRONMENTAL

[ ] 196 FRANCHISE CIVIL RIGHTS [ ] 530 HABEAS CORPUS [1790 OTHER LABOR Defendant) MATTERS[ ) 535 DEATH PENALTY LITIGATION [ ] 871 IRS-THIRD PARTY [ ]894 ENERGY

[ 1441 VOTING [ ] 540 MANDAMUS & OTHER [1791 EMPL RET INC 26 USC 7609 ALLOCATION ACT[ 1442 EMPLOYMENT SECURITY ACT [ ] 895 FREEDOM OF

REAL PROPERTY [ ] 443 HOUSING/ INFORMATION ACTACCOMMODATIONS IMMIGRATION [ ) 900 APPEAL OF FEE

11210 LAND [ ] 444 WELFARE PRISONER CIVIL RIGHTS DETERMINATIONCONDEMNATION [ ] 445 AMERICANS WITH [1462 NATURALIZATION UNDER EQUAL

[ ]220 FORECLOSURE DISABILITIES - [ I 550 CIVIL RIGHTS APPLICATION ACCESS TO JUSTICE[ ]230 RENT LEASE & EMPLOYMENT [ ] 555 PRISON CONDITION 11463 HABEAS CORPUS- [ ]950 CONSTITUTIONALITY

EJECTMENT [ 1446 AMERICANS WITH ALIEN DETAINEE OF STATE STATUTES[1240 TORTS TO LAND DISABILITIES -OTHER []465 OTHER IMMIGRATION[J 245 TORT PRODUCT

LIABILITY[ ] 440 OTHER CIVIL RIGHTS

(Non-Prisoner)ACTIONS

[ ]290 ALL OTHERREAL PROPERTY

Check if demanded in complaint:

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

DEMAND $ OTHER

Check YES only if demanded in complaintJURY DEMAND: 8 YES NO

DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?IF SO, STATE:

JUDGE DOCKET NUMBER

NOTE: Please submit at the time of filing an explanation of why cases are deemed related.

(PLACE AN x INONE BOX ONLY) ORIGIN

Bfl 1 Original L3 2 Removed from D 3 Remanded D 4 Reinstated or |_J 5 Transferred from CI6 Multidistrict CI 7 Appeal to DistrictProceeding State Court from Reopened (Specify District) Litigation Judge from

a. all parties r.pront.d p^"3'6 Judgment" "I I b. At least one

party is pro se.

(PLACE AN x IN ONEBOXONLY) BASIS OF JURISDICTION IF DIVERSITY, INDICATE 1 U.S. PLAINTIFF 2 U.S. DEFENDANT |*j 3 FEDERAL QUESTION D.4 DIVERSITY CITIZENSHIP BELOW.

(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] in one box for Plaintiff and one box for Defendant)

PTF DEF PTF DEF PTF DEFCITIZEN OF THIS STATE [ ] 1 [ ] 1 CITIZEN OR SUBJECT OF A [ ] 3 [ ] 3 INCORPORATEDand PRINCIPALPLACE [ ] 5 [ ] 5

FOREIGN COUNTRY OF BUSINESS IN ANOTHER STATE

CITIZEN OF ANOTHERSTATE []2 []2 INCORPORATEDor PRINCIPAL PLACE []4[]4 FOREIGN NATION []6 []6OF BUSINESS IN THIS STATE

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

Eric Johnson472 Ninth Avenue, #3New York, NY 10018New York County, New York

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

Beam Suntory, Inc.510 Lake Cook RoadDeerfield, IL 60015Lake County, Illinois

DEFENDANT(S) ADDRESS UNKNOWNREPRESENTATION ISHEREBY MADE THAT, AT THIS TIME, IHAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TOASCERTAIN THE

RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one: THIS ACTION SHOULD BE ASSIGNED TO: Q WHITE PLAINS g| MANHATTAN(DO NOT check either box ifthis a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.)

DATE 02/24/2015 S|GNATURE OF ATTORN|Y;jOFJE^ORD^ ADMITTED TO PRACTICE IN THIS DISTRICT/^^ MYES (DATE ADMITTED Mo. Yr. 2013

RECEIPT* C-^ tZ*^-" Attorney Bar Code # AM9385

Magistrate Judge is to be designated by the Clerk of the Court.

Magistrate Judge it*?-X!; ;? I'lluhMANRuby J. Krajick, Clerk of Courtby Deputy Clerk, DATED

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

is so Designated.

Edmund J. Ferdinand, III, Esq. (EF9885)Alexander R. Malbin, Esq. (AM9385)FERDINAND IP, LLC125 Park Avenue, 25th FloorNew York, NY 10017(212) 520-4296

Attorney for PlaintiffERIC JOHNSON

15 CV 1355

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

ERIC JOHNSON,

- against -

BEAM SUNTORY, INC.,

Plaintiff,

Defendant.

Civil Action No.

COMPLAINT

JURY TRIAL DEMANDED

o

COMPLAINT

Mr. Eric Johnson (hereinafter "Plaintiff), by and through his undersigned counsel, for

his Complaint against Beam Suntory Incorporated ("Defendant"), states and alleges as follows:

THE PARTIES

1. Plaintiff Eric Johnson is a citizen of the State ofNew York, County ofNew York,

with his principal place ofbusiness at472 9th Avenue, Apt. #3, New York, New York, 10018

2. Upon information and belief, Defendant Beam Suntory Incorporated is an Illinois

corporation with its principal place of business at 510 Lake Cook Road, Deerfield, IL 60015.

JURISDICTION AND VENUE

3. This is an action for copyright infringement arising under the Copyright Act of

1976, as amended, 17 U.S.C. 101 etseq. (the "Copyright Act"). This action arises from

Defendant's unauthorized and unlawful reproduction, public display, and distribution of a

copyrighted photograph owned byPlaintiff, inwillful infringement of Plaintiffs U.S. Copyright

Registration No. VA 1-910-544 as well as contributory infringement and inducement of

infringements of said Copyright Registration.

4. This Court has subjectmatterjurisdiction pursuant to 17 U.S.C. 501 and 28

U.S.C. 1331 and 1338(a).

5. This Court has personal jurisdiction over Defendant because Defendant engages

in continuous and systematic business activities in the State of New York and/or has purposely

directed substantial activities at the residents ofNew York by means of the web site described

herein and derives substantial revenue from interstate commerce.

6. Venue is proper under 28 U.S.C. 1391(a)(2) because Defendant does business in

this Judicial District and/or because a substantial part of the events giving rise to the causes of

action alleged herein occurred in this Judicial District, and the injury suffered by Plaintiff took

place in this Judicial District.

FACTUAL ALLEGATIONS

A. PLAINTIFF AND HIS ORIGINAL CREATION AND USE OF HIS

COPYRIGHTED PHOTOGRAPH OF AALIYAH

7. Plaintiff, Eric Johnson, is a successful, award-winning professional photographer

and artist. He is a citizen of the State of New York and resides in the Borough of Manhattan.

8. One focus of Plaintiffs work is photographic portraiture. Plaintiff has been

producing iconic photographic portraits of a wide, diverse group of musicians, artists, and

celebrities for over twenty-five years. His photographs have been published incountless books,

magazines, newspapers and periodicals, used as cover artwork for music albums, and shown in

gallery shows. Many ofhis more well-known portraits have become truly etched into the public

consciousness.

9. Plaintiffis the legal andbeneficial owner of a vastnumber of his original

photographs. Plaintiff has invested significant time, money, resources and manpower over his

distinguished and longstanding career in building andmaintaining hispersonal photograph

archive.

10. In June 2001, Plaintiff shot a series of photographic portraits of Aaliyah, the

internationally renowned R&B recording artistand actress, just months before her tragic deathin

August ofthat year (the "Aaliyah Photographs").1

11. During his photo shoot with Aaliyah, Johnson captured a number of intimate,

beautiful shots of the superstar. Certain photographs from that shoot have come to define

Aaliyah's enduring image among the public and her devoted fans.

B. THE DEFENDANT AND ITS BUSINESS OPERATIONS

12. Upon information and belief, Defendant, Beam Suntory Inc. is a manufacturer,

importer, and marketer of a number of brand-name liquors, including whiskies, tequila, vodka,

rum, gin, liqueurs, and cognacs. Upon information and belief, Defendant claims to be the

world's third largest premium spirits company, and to generate annual worldwide sales of

approximately 4.6 billion dollars ($4,600,000,000).

13. Upon information and belief, one of Defendant's self-produced premium liquors

is Courvoisier brand cognac.

The certificate of copyright registration covering the Aaliyah Photographs (U.S. Reg. No. VA 1-910-554), whichidentifies Plaintiff as author and copyright claimant, is attached hereto at Exhibit 1.

14. Upon information and belief, Defendant engages insubstantial marketing and

promotion ofCourvoisier, including, but not limited to, online marketing and promotional

activities. Upon information and belief, Defendant has directed marketing and promotion ofthe

Courvoisier brandto the hip-hop/R&B music fan community.

15. Upon information and belief, Defendant is, and has been at all times relevant to

this dispute, the registered owner and operator the web site www.Courvoisier.com (the

"Courvoisier Website"), and responsible for all of the contentcontained thereon.

16. Upon information andbelief, Defendant uses the Courvoisier Website as a

promotional tool to increase public awareness and recognition ofthe Courvoisier brand and,

ultimately, to boost sales of Courvoisier-brand cognac (including to customers located in the

State of New York).

17. Upon information and belief, Defendant provides technological means on the

Website by which thirdparties who access pages on the Website can reproduce and/or distribute

content thereon, including photographic images.

18. Upon information and belief, Defendant's promotion of its Courvoisier brandalso

includes purchasing "sponsored articles," full-web-page advertisements on popular online

publications' web sites containing article previews andphotographic images along with the

Courvoisier logo and a link to the page on the Courvoisier Website hosting the full article.

C. DEFENDANT'S INFRINGEMENTS OF PLAINTIFF'S PHOTOGRAPH

19. Without valid license or permission or authorization from Plaintiff, Defendant

has willfully infringed and continues to infringe Plaintiffs copyright in and to one of the Aaliyah

Photographs (the"Photograph At Issue") by reproducing, distributing, publicly displaying, and

making available for further reproduction, distribution and public display, such photograph on

the Courvoisier Website.

20. Thepageon the Website displaying the Photograph At Issuecontains

technological means bywhich users who access thepage canfurther reproduce, distribute, and

publicly display the Photograph At Issue via social media providers Facebook andTwitter.

21. Upon information and belief,Defendant has also infringed the Photograph At

Issue and contributed to further infringements thereof by third parties ("Third Party Infringers")

by distributing the Photograph At Issueto ThirdParty Infringers for publication in "sponsored

articles" on their web sites.

22. Upon information and belief, Defendant has falsely purported to authorize the

Third Party Infringers' use of the Photograph At Issue in contractual agreements relating to the

"sponsored articles".

23. Upon information and belief, Defendant commenced its infringing uses of the

Photograph At Issue in or about December 2014.

24. Upon information and belief, Defendant has purposely used the Photograph At

Issue to exploit its recognition among the public and the hip-hop/R&B fan community with the

intention of attracting web visitor traffic to the Courvoisier Website by its visibility thereon and

thereby promoting the Courvoisier brand and, ultimately, increasing sales of Courvoisier cognac.

25. Upon information and belief, Defendant has driven significant traffic to the

Courvoisier Website by the presence of the Photograph At Issue thereon and in "sponsored

2Attached hereto at Exhibit 2 aretrueandcorrect copies of printouts of web pages on the Website showingDefendant's use of the Photograph At Issue, and, at Exhibit 3, a reproduction of Plaintiff s photograph infringed byDefendant. The printouts of the Website attached at Exhibit 2 shows that the Website displays an exact copy of thePhotograph At Issue.3A Courvoisier "sponsored article" on the popular fashion, music andart web sitewww.complex.com, prominentlydisplaying the Photograph Issue and also containing a link to a page on the Website containing the Photograph AtIssue, is attached hereto at Exhibit 4.

articles" on the web sites of ThirdParty Infringers. The increased traffic to the Courvoisier

Website has led to the substantial promotionof Defendant's Courvoisierbrand directly

attributable to its infringement of Plaintiffs copyright in the PhotographAt Issue.

26. Despite being put on notice of its infringing use of the Photograph At Issue and

requested to cease itsuseby undersigned counsel on behalfof Plaintiff, Defendant has failed to

remove the Photograph At Issue fromthe Courvoisier Website. Accordingly, Plaintiffrequires

this Court's intervention to put a stop to Defendant's continuedwillful infringement of his

copyrights and vindicate his legal rights under the CopyrightAct.

27. Plaintiffhas complied in all respects with Title 17 of the United States Code,

secured the exclusive rights and privileges to the Photograph At Issue, and obtained the

appropriate certificate of copyright registration (attached hereto at Exhibit 1).

28. Upon information and belief, Defendant has engaged in the infringing acts

forming the basis of this Complaint knowingly of, and with reckless disregard for, Plaintiffs

rights in the Photograph At Issue, and was aware that its infringing activities constitute

infringements under the Copyright Laws of the United States.

29. As a result of Defendant's willful misconduct described herein, Plaintiff has been

substantially harmed.

30. Plaintiff has no adequate remedy at law. Defendants' infringing acts as described

above have caused and, if not enjoined, will continue to cause irreparable harm to Plaintiff.

FIRST COUNT

(Direct Copyright Infringement)

31. Plaintiff repeats and reincorporates the allegations contained in the preceding

paragraphs as though set forth in full herein.

32. At all times herein, Plaintiffhas beenand is still the owner, andproprietor of all

right, title and interest inand to the Aaliyah Photographs, including the Photograph At Issue.

The Photograph AtIssue isan original, creative work ofPlaintiffs authorship and constitutes

copyrightable subject matterunderthe Copyright Act.

33. Plaintiffhas complied in all respects withthe Copyright Act's prerequisites for a

copyright infringement action, including obtaining a certificate ofcopyright registration from the

Copyright Office covering the Photograph At Issue (attached hereto at Exhibit 1).

34. Defendant has not obtained valid license, authorization or permission to use the

Photograph At Issue in any manner, and Plaintiff has not assigned any of hisexclusive rights in

his copyright in the Photograph At Issue to Defendant.

35. Without permission or authorization from Plaintiffand in willfulviolation of his

rights under 17 U.S.C 106, Defendant has improperly and illegally copied, reproduced,

distributed, and publicly displayed the Photograph At Issue on the Website.

36. Without Plaintiffs permission or authorization and in willful violation of his

rights under 17U.S.C 106,Defendants improperly and illegally reproduced, distributed, and/or

licensed unauthorized reproductions of the Photograph At Issue to Third Party Infringers for the

purpose of further reproduction, distribution, and public display.

37. Defendant's use of the Photograph At Issue as set forth in this Complaint violates

Plaintiffs exclusive rights under the Copyright Act and constitute willful infringement of

Plaintiffs copyrights.

38. Upon information and belief, thousands of people throughout the United States

have viewed the infringing copies of the Photograph At Issue on the Website and the web sites of

Third Party Infringers.

39. Upon information and belief, Defendant has knowledge ofthe copyright

infringements alleged herein, and has knowingly and willfully carried out its infringing activities,

continue to do soto this day despite being repeatedly put onnotice of its infringement, and will

continue to do so unless enjoined by this Court.

40. Asa direct andproximate result of Defendant's misconduct, Plaintiff hasbeen

substantially harmed in an amountto be provenat trial.

SECOND COUNT

(Contributory Copyright Infringement)

41. Plaintiff repeats and reincorporates theallegations contained in thepreceding

paragraphs as though set forth in full herein.

42. Without Plaintiffs permission or authorization and in willful violation of his

exclusive rights under 17 U.S.C 106, Defendant has caused, induced, and/or materially

contributed to infringements of the Photographs AtIssue by Third Party Infringers inviolation of

Plaintiffs copyright by distributing unauthorized copies of the Photograph AtIssue to Third

Party Infringers and purporting to authorize its reproduction andpublic display.

43. Upon information and belief, as a result of Defendant's activities, Third Party

Infringers have infringed Plaintiffs exclusive rights in the Photograph AtIssue by hosting and

making further reproductions of thePhotograph At Issue on their computer hard drives and/or

servers, publicly displaying thePhotograph At Issue on their own web sites, and making the

Photograph AtIssue available for further reproduction and/or distribution bythe public onsuch

web sites.

44. Defendant had and continues to have knowledge of the infringing uses of the

Photographs AtIssue bythe Third Party Infringers, which it has purported to authorize by its

"sponsored article" contractual arrangements with the Third Party Infringers.

45. Defendants' activities causing, inducing, and/or materially contributing to the

infringements committed by Third Party Infringers have been willful, intentional, purposeful,and in disregard ofPlaintiffsrights, and have caused substantial damage to Plaintiff.

46. As adirect and proximate result of Defendants causing, inducing, and/or .

materially contributing to the infringing conduct ofThird Party Infringers, Plaintiff has been

substantially harmed in an amount to be proven at trial.

THIRD COUNT

(Inducement ofCopyright Infringement)

47. Plaintiff repeats and reincorporates the allegations contained in the preceding

paragraphs as though set forth in full herein.

48. Individuals using the Courvoisier Website that Defendant owns, operates,

distributes, and promotes, have been provided with technological means to directly infringe and

are directly infringing Plaintiffs copyright in the Photograph At Issue by creating and

distributing unauthorized reproductions thereof on social media providers Facebook and Twitter.

49. Defendant's infringing activities have been willful, intentional, purposeful, and in

complete disregard ofPlaintiffsrights, and has caused substantial damage to Plaintiff.

50. As adirect and proximate result of Defendant's infringing activities, Plaintiffhas

been substantially harmed in an amount to be proven attrial.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment as follows:

1. That the Court enter ajudgment finding that Defendant has directly and secondarily

infringed Plaintiffs U.S. Copyright Reg. No. VA 1-910-544 in violation of 17 U.S.C. 501 et

seq. and award damages and monetary and injunctive relief as follows:

a. Statutory damages pursuant to 17 U.S.C. 504(c) in the amount of $150,000 per

infringed work or, in the alternative, Plaintiffs actual damages and disgorgement

ofDefendant's wrongful profits in amounts to be proven at trial;

b. Apermanent injunction pursuant to 17 U.S.C. 502 enjoining Defendant from

directly or secondarily infringing Plaintiffs U.S. Copyright Reg. No. VA 1-910-

544; and,

c. Plaintiffs attorneys' fees and costs pursuant to 17 U.S.C. 505; and,

2. Such other and further relief that the Court determines is just and proper.

JURY DEMAND

Plaintiff demands a trial byjury onall counts sotriable.

Dated: February 24,2015 Respectfully submitted,

Alexander Malbin, Esq. (AM 9385)Edmund J. Ferdinand, III, Esq. (EF 9885)FERDINAND IP, LLC125 Park Avenue, 25th FloorNew York, NY 10017Telephone: (212) 520-4296Fax: (203) 905-6747Email: amalbin@24iplg.com

Attorney for PlaintiffERIC JOHNSON

10

EXHIBIT 1

Certificate of Registration

'!'!-,!> Ortiikate issued umlft Hie v.'.ii ol the CopyrightOriicc in accord ana; with MH '" ' :>r:cti Sl-iles (. cdc.aiu:Ms tha! reuisinmor; ba> Petri made lor 'he workideuUiied below, i he iiifoiTnaUon on th^ cenihcatchabeen madea fan o; -ik Gvy^rt oniee u\.(i!ib.

^ \CU*

Title Title of Work: Aaliyah photograph collection

Completion/PublicationYear of Completion: 2001

Date of 1st Publication: June 7,2001

RegistrationNumber

VA 1-910-544Effective date of

registration:

December 9, 2013

Nation of 1st Publication: United States

AuthorAuthor: Eric Johnson

Author Created: photograph(s)

Citizen of: United States

Copyright claimantCopyright Claimant: Eric Johnson

472 Ninth Avenue, Apt. #3, New York, NY, 10018, United States

Rights and PermissionsName: Alex Malbin

Email: alexigeric-johnson.com

Certification

Name: Alexander Malbin

Date: December 9, 2013

Correspondence: Yes

Page 1 of 1

EXHIBIT 2

2/24/2015Turning Classic R&B Tracks Into Cocktails

http://courvoisier.com/our-jouraey/recipe-turning-classic-rb-tracks-cocktails/

2/24/2015Turning Classic R&B Tracks Into Cocktails

http://courvoisier.com/our-joumey/recipe-tuming-classic-rb-tracks-cocktails/

2/24/2015Turning Classic R&B Tracks Into Cocktails

http://courvoisier.com/our-joumey/recipe-tuming-classic-rb-tracks-cocktails/

2/24/2015Turning Classic R&B Tracks Into Cocktails

http://courvoisier.com/our-joumey/recipe-niming-classic-rb-tracks-cocktails/

2/24/2015Turning Classic R&B Tracks Into Cocktails

http://courvoisier.com/our-jouraey/recipe-ruming-classic-rb-tracks-cocktails/

2/24/2015Turning Classic R&B Tracks Into Cocktails

http://courvoisier.com/our-jouraey/recipe-nirning-classic-rb-tracks-cocktails/

2/24/2015Turning Classic R&B Tracks Into Cocktails

http://courvoisier.com/our-jouraey/recipe-turning-classic-rb-tracks-cocktails/

2/24/2015Turning Classic R&B Tracks Into Cocktails

http://courvoisier.com/our-journey/recipe-tuming-classic-rb-tracks-cocktails/ 8/8

Music Archives - Courvoisier2/23/15, 11:57 AM

http://courvoisier.com/journeys/music/ Page 1 of 6

Music Archives - Courvoisier

2/23/15, 11:57AM {

http://courvoisier.com/journeys/music/ Page 2 of 6

Music Archives - Courvoisier

2/23/15, 11:57 AM

http://courvoisier.com/journeys/music/Page 3 of 6

2/23/15, 11:57 AMMusic Archives - Courvoisier

http://courvoisier.com/journeys/music/Page 4 of 6

Music Archives - Courvoisier2/23/15, 11:57 AM

http://courvoisier.com/journeys/music/ Page 5 of 6

Music Archives - Courvoisier 2/23/15, 11:57 AM

http://courvoisier.com/journeys/music/ Page 6 of 6

EXHIBIT 3

EXHIBIT 4

Courvoisier Presents: Classic R&B Tracks Are Now Cocktails I Complex 2/10/15, 4:09 PM

f # 8+ G8 m ( 3

EXCEPTIONAL

V '

Courvoisier Presents: Classic R&B Tracks Are Now CocktailsPRESENTED BY K'1

BYJESSI STAFFORD

f ' @ 0

O DEC 3, 2014

o D

If you've ever had a night where throwback R&B music was the only thing on the menu, then listen up. You can now pair your favorite tracks with

the perfect cocktail to get you in the mood. Courvoisier has taken classics like Aaliyah's "AreYou That Somebody?", Al Green's "Tired of Being

Alone," and "Real Love" by Mary J. Blige and given them the "spirit" treatment, as in alcohol. Now, when you're listening to the above, drink a

mojito, a French gimlet, and a snow honey cocktail, in that order.

For more R&B-based drink recipes, look no further than the link below.

[via Courvoisier]

http://www.complex.com/music/2014/12/courvoisier-presents-classic-rb-tracks-are-now-cocktails Page 1 of 6

Courvoisier Presents: Classic R&B Tracks Are Now Cocktails I Complex

AALIYAH COCKTAILS COURVOISIER

ON BUST

W9

IB mtWKmmwKKUm

u

0 Comments Complex.com

Sort by Bst -

w Star the discussion

STAY CONNECTED WITH COMPLEX MUSIC

LATEST stories

Be the first to comment

O 15 MINUTES AGOBY LAKIN STARLING

2/10/15, 4:09 PM

l oqic

Fdvjrile *'dr.; l: H'-

-:'

Courvoisier Presents: Classic R&B Tracks Are Now Cocktails IComplex 2/10/15, 4:09 PM I

U

0 17 MINUTESAGOBYJUSTIN CHARITY

Kendrick Lamar Is Making the Blackest Album Since "Watch the Throne"

41 MINUTESAGOBY CHRIS YUSCAVAGE

50 Cent Says Floyd Mayweather Is "Scared to Death" of Manny Pacquiao

44 MINUTES AGOBYZACH FRYDENLUNO

DrakeVsEverybody Is aSite That Runs Down Every One of Drake's Hip-Hop Beefs

O 1 HOUR AGOBY LAUREN NOSTRO

Kevin Gates Kicked aWoman Out of His House For Not Giving His Dog Fellatio

1 HOUR AGOBY LAKIN STARLING

Pulitzer Prize Winning Author Michael Chabon Annotated Kendrick Lamar's "TheBlacker the Berry" Lyrics

2 HOURSAGOBYZACH FRYDENLUND

Slick Rick On Not Feeling Like He's 50, the Current State of Hip-Hop, and More

http://www.complex.com/music/2014/12/courvoisier-presents-classic-rb-tracks-are-now-cocktails Page 3 of 6

Courvoisier Presents: Classic R&B Tracks Are Now Cocktails | Complex

2 HOURS AGOBY BRANDON JENKINS

2/10/15, 4:09 PM

"It's aShow": Bobby Shmurda's Lawyer on the Tactics of the Case Thus Far andBobby's Chances at Bail

2 HOURS AGOBY LAUREN N0STR0

Premiere: Stream Down 2Earth's "Wildfire" Mixtape f/ IAMSU!, Kehlani, and More

2 HOURS AGOBYZACHFRYDENLUND

RZA Will Star In Biopic About Adult Film Star Vanessa Del Rio

LOAD MORE STORIES

No Ceilings: Glass Animals

Bobby Shmurda's Lawyer Explains the Tactics of the Case Thus Far

No Ceilings: Boogie

http://www.complex.com/music/2014/12/courvoisier-presents-classic-rb-tracks-are-now-cocktails Page 4 of 6

Courvoisier Presents: Classic R&B Tracks Are Now Cocktails I Complex 2/10/15, 4:09 PM

EXCEPTIONAL

EDITORS PICKS

Complex's 2015 Grammy Predictions

These Are the Rappers Who Should Win Grammys This Year

Missy Elliott, Ginuwine, and Timbaland Are Primed to Bring Back the Supa Dupa Fly Crew

* a-

10 Signs aRapper Is About to Drop an Album

latestGOVER DEC I JAN

http://www.complex.com/music/2014/12/courvoisier-presents-classic-rb-tracks-are-now-cocktails Page 5 of 6

Courvoisier Presents: Classic R&B Tracks Are Now Cocktails I Complex

.( Complex Vlrtlid Int.

All R'ghf: Reserved

PAST ISSUES

ABOUT US CONTACT US CAREERS ADVERTISE

PRIVACY POLICY TERMS OF USE FEEDS SITE MAPf # s+ g fi a

http://www.complex.com/music/2014/12/courvoisier-presents-classic-rb-tracks-are-now-cocktails

2/10/15, 4:09 PM 1

D

Page 6 of 6