Masterfile vs Randy Ross: Complaint

8/3/2019 Masterfile vs Randy Ross: Complaint

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COPYRIGHT, CIVIL, CLOSED

U.S. District Court

Eastern District of California - Live System (Sacramento)

CIVIL DOCKET FOR CASE #: 2:10-cv-02772-KJM-JFM

Masterfile Corporation v. Ross

Assigned to: Judge Kimberly J. Mueller

Referred to: Magistrate Judge John F. Moulds

Demand: $152,000

Cause: 17:101 Copyright Infringement

Date Filed: 10/13/2010

Date Terminated: 02/04/2011

Jury Demand: None

Nature of Suit: 820 Copyright

Jurisdiction: Federal Question

Date Filed # Docket Text

10/13/2010 1 COMPLAINTfor Damages, Profits, Injunctive and Other Equitable Relief for Federal

Copyright Infringment and Removal of Copyright Management Information against

eTrafficResults, Randy Ross by Masterfile Corporation. Attorney Weinberg, Steven

Marc added. (Attachments: # 1 Civil Cover Sheet, # 2 Notice of Party With Financial

Interest, # 3 Summons in a Civil Action)(Weinberg, Steven) (Entered: 10/13/2010)

10/13/2010 RECEIPT number #CAE200030244 $350.00 fbo Masterfile Corporation by Alex

Martinez Jr on 10/13/2010. (Owen, K) (Entered: 10/13/2010)

10/13/2010 3 SUMMONS ISSUED as to *Randy Ross* with answer to complaint due within *21*

days. Attorney *Steven Marc Weinberg* *Cowan, Debaets, Abrahams & Sheppard

LLP* *30765 Pacific Coast Highway, Suite 411* *Malibu, CA 90265*. (Owen, K)

(Entered: 10/13/2010)

10/13/2010 4 COPYRIGHT NEW CASE DOCUMENTS ISSUED as to Copyright #1:* VA 1-229-219

* (Attachments: # 1 Consent Form, # 2 Copyright Report, # 3 VDRP Form) (Owen, K)

(Entered: 10/13/2010)

01/20/2011 5 ORDER by Chief Judge Anthony W. Ishii: Due to the appointment of Judge Kimberly J.

Mueller to the position of U.S. District Judge, this action is reassigned from *Judge

Frank C. Damrell Jr.* to Judge Mueller for all further proceedings. (Donati, J) (Entered:

01/20/2011)

01/31/2011 6 FIRST AMENDED COMPLAINT against Onsite Support, Inc. by Masterfile

Corporation. (Attachments: # 1 Civil Cover Sheet, # 2 Summons) (Weinberg, Steven)(Entered: 01/31/2011)

02/01/2011 7 SUMMONS ISSUED as to *Onsite Support, Inc.* with answer to complaint due within

*21* days. Attorney *Steven M. Weinberg* *Cowan, Debaets, Abrahams & Sheppard

LLP* *30765 Pacific Coast Highway, Suite 411* *Malibu, CA 90265*. (Marciel, M)

(Entered: 02/01/2011)

02/04/2011 8 NOTICE of VOLUNTARY DISMISSAL by Masterfile Corporation. (Weinberg, Steven)

(Entered: 02/04/2011)

4.1.1 CM/ECF - U.S. District Court for Eastern California https://ecf.caed.uscourts.gov/cgi-bin/DktRpt.pl?9569043934625

1/12/2012


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02/04/2011 9 NOTICE of VOLUNTARY DISMISSAL: pursuant to plaintiff's 8 Request, and FRCP

41(a)(1), this action is DISMISSED without prejudice. (Marciel, M) (Entered:

02/04/2011)

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4.1.1 CM/ECF - U.S. District Court for Eastern California https://ecf.caed.uscourts.gov/cgi-bin/DktRpt.pl?9569043934625

1/12/2012


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COMPLAINT FOR COPYRIGHT INFRINGEMENT

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COWANDEB

AETSABRAHAMS&SHEPPARD

LLP

30765PacificCoastHighway,Suite411

Malibu,California90265

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

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

Attorneys for PlaintiffMasterfile Corporation

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MASTERFILE CORPORATION,

Plaintiff,

v.

RANDY ROSS, d.b.a. eTrafficResults, ,

Defendant.

Case No.

COMPLAINT FOR DAMAGES,

PROFITS, INJUNCTIVE AND OTHER

EQUITABLE RELIEF FOR FEDERAL

COPYRIGHT INFRINGEMENT AND

REMOVAL OF COPYRIGHTMANAGEMENT INFORMATION

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

Abrahams, & Sheppard LLP, as and for its Complaint against Defendant Randy Ross, d.b.a.

eTrafficResults, (collectively, Defendant), alleges as follows:

Case 2:10-cv-02772-KJM-JFM Document 1 Filed 10/13/10 Page 1 of 9


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INTRODUCTION

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

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

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

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

1201 et. seq.

PARTIES

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

in photographs to users for a fee.

3. Upon information and belief, Defendant Randy Ross is a California residentengaged in the business of providing internet based consulting services, doing business under the

name eTraffic Results. Upon information and belief defendant Randy Ross and defendant

Rosss business are both based in Grass Valley, California..

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

JURISDICTION AND VENUE

5. This Court has Court has personal jurisdiction over Defendant because Defendanthas a principal place of business in the State of California and in this district and does and

transacts business in this judicial district.

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



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7. In or about March 11, 2010, Plaintiff discovered that Defendant was using one (1)copyrighted photograph owned by Plaintiff (the Infringed Images) on the website

www.etrafficresults.com (the Website).

FACTS

8. Plaintiff has complied in all respects with Copyright Act of the United States andsecured the exclusive right and privilege in and to the copyright in the Infringed Images by

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

from the Copyright Office under the following registration numbers:

Plaintiff Image

Identification Number

Copyright Registration Number Registration Effective Date

700-00166770 VA 1-229-219 August 27, 2003

A copy of the certificate of registration for this Infringed Image (without the

Continuation Sheets), which was registered as an individual image within compilations, is

attached hereto as Exhibit A.

9. Without Plaintiffs knowledge or consent, Defendant reproduced the InfringedImage and displayed the unauthorized copy on the Website. Defendant is not, and has never

been, licensed or otherwise authorized to use the infringed Image.

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

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

11. Defendants conduct as aforesaid was willful.

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

COUNT ONE



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12. Plaintiff incorporates by reference each and every allegation contained inparagraphs 1 through 11 above.

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

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

15. Plaintiff is entitled to recover actual damages in no less than the amount of$30,150.00 or in lieu thereof, at Plaintiffs election, statutory damages in no less than the amount

of $150,000.00, plus attorneys fees and costs.

(Intentional Removal of Copyright Management Information

COUNT TWO

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

16. Plaintiff incorporates by reference each and every allegation contained inparagraphs 1 through 15 above.

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

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

Copyright Act.

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

under 17 U.S.C. 1203(c) in the maximum amount of $2,500.00 for this circumvention, plus

costs and attorneys fees.

WHEREFORE, Plaintiff prays for the following relief against Defendant:

A. A judgment from this Court that Defendant (1) infringed Plaintiffs exclusive



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rights in the Infringed Images, and that this infringement was willful, and (2) wrongfully

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

that such removal was willful.

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

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

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

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

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

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

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

advertising, promoting or displaying any such items; and from

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

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

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

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

control;

D. An award for copyright infringement of actual damages in no less than theamount of $30,150.00 or in lieu thereof, at Plaintiffs election, statutory damages in no less than

the amount of $ 150,000.00, plus attorneys fees and costs;

E. An award of statutory damages for removal of copyright management informationin the maximum amount of $2,500.00 for the intentional removal, plus costs and attorneys fees;

and



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F. Such other and further relief as the Court may deem just and proper.Dated: October 8, 2010

Malibu, California

COWAN, DEBAETS, ABRAHAMS & SHEPPARD LLP

By:______________________________

Steven M. Weinberg

Attorneys for PlaintiffMASTERFILE CORPORATION



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EXHIBIT A TO COMPLAINT



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Masterfile vs Randy Ross: Complaint

Documents

Transcript of Masterfile vs Randy Ross: Complaint