Masterfile vs Sears Fine Foods: Complaint

8/3/2019 Masterfile vs Sears Fine Foods: Complaint

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ADRMOP,AO279,CLOSED,E-Filing

U.S. District Court

California Northern District (San Francisco)

CIVIL DOCKET FOR CASE #: 3:10-cv-02990-WHA

Masterfile Corporation v. Sears Fine Foods

Assigned to: Hon. William Alsup

Demand: $610,000

Cause: 17:101 Copyright Infringement

Date Filed: 07/07/2010

Date Terminated: 10/20/2010

Jury Demand: None

Nature of Suit: 820 Copyright

Jurisdiction: Federal Question

Date Filed # Docket Text

07/07/2010 1 COMPLAINT against Sears Fine Foods (Filing fee $350, receipt number

34611047888). Filed by Masterfile Corporation. (cjl, COURT STAFF) (Filed on

7/7/2010) (Additional attachment(s) added on 7/19/2010: # 1 Civil Cover Sheet) (cjl,

COURT STAFF). (Entered: 07/09/2010)

07/07/2010 2 Summons Issued as to Sears Fine Foods. (cjl, COURT STAFF) (Filed on 7/7/2010) (cjl,

COURT STAFF). (Entered: 07/09/2010)

07/07/2010 3 ADR SCHEDULING ORDER: Case Management Statement due by 10/14/2010. Case

Management Conference set for 10/21/2010 01:30 PM in Courtroom 4, 3rd Floor,

Oakland. (Attachments: # 1 Standing Order)(cjl, COURT STAFF) (Filed on 7/7/2010)

(Entered: 07/09/2010)

07/07/2010 CASE DESIGNATED for Electronic Filing. (cjl, COURT STAFF) (Filed on 7/7/2010)(Entered: 07/09/2010)

07/09/2010 4 REPORT on the filing of an action regarding Re: Copyright (cc: form mailed to

register). (cjl, COURT STAFF) (Filed on 7/9/2010) (Entered: 07/09/2010)

08/25/2010 5 Declination to Proceed Before a Magistrate Judge and Request for Reassignment to a

United States District Judge by Masterfile Corporation. (Weinberg, Steven) (Filed on

8/25/2010) Modified on 8/26/2010 (cjl, COURT STAFF). (Entered: 08/25/2010)

08/25/2010 6 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (ls, COURT

STAFF) (Filed on 8/25/2010) (Entered: 08/25/2010)

08/26/2010 7 ORDER REASSIGNING CASE. Case reassigned to Judge Hon. William H. Alsup for

all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to the case.

Signed by the Executive Committee on August 26, 2010. (cjl, COURT STAFF) (Filed

on 8/26/2010) (Entered: 08/26/2010)

09/09/2010 8 CLERKS NOTICE Scheduling ICMC on Reassignment. Case Management Statement

due by 10/14/2010. Case Management Conference set for 10/21/2010 11:00 AM. (dt,

COURT STAFF) (Filed on 9/9/2010) (Entered: 09/09/2010)

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09/09/2010 9 SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT

CONFERENCE re 8 Clerks Notice. Signed by Judge William Alsup on 11/20/08. (dt,

COURT STAFF) (Filed on 9/9/2010) (Entered: 09/09/2010)

10/12/2010 10 CERTIFICATE OF SERVICE by Masterfile Corporation re 3 ADR Scheduling Order, 2

Summons Issued, 1 Complaint (wsn, COURT STAFF) (Filed on 10/12/2010) (Entered:

10/12/2010)

10/14/2010 11 MOTION to Extend the Date for Initial Case Management Conference filed byMasterfile Corporation. (Attachments: # 1 Proposed Order, # 2 Declaration of Steven

M. Weinberg in Support of Plaintiff's Motion ot Change Times Pursuant to L.R.6 and

L.R.16-2(d))(Weinberg, Steven) (Filed on 10/14/2010) (Entered: 10/14/2010)

10/15/2010 12 ORDER DENYING CONTINUANCE by Judge William Alsup [denying 11 Motion].

(whasec, COURT STAFF) (Filed on 10/15/2010) (Entered: 10/15/2010)

10/15/2010 13 MOTION for Entry of DefaultRequest to Enter Default Judgmentfiled by Masterfile

Corporation. (Attachments: # 1 Declaration Accompanying Request to Enter Default

Judgment)(Weinberg, Steven) (Filed on 10/15/2010) (Entered: 10/15/2010)

10/19/2010 14 Clerks Notice ENTRY OF DEFAULT as to Sears Fine Foods. (Related documents(s) 13

) (wsn, COURT STAFF) (Filed on 10/19/2010) (Entered: 10/19/2010)

10/20/2010 15 NOTICE by Masterfile CorporationNotice of Dismissal Pursuant to F.R.C.P. 41(a)(1)

(Weinberg, Steven) (Filed on 10/20/2010) (Entered: 10/20/2010)

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Case3:10-cv-02990-WHA Document1 Filed07/07/10 Page1 of 15


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COMPLAINT FOR COPYRIGHT INFRINGEMENT

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COWANDEB

AETSABRAHAMS&SHEPPARD

LLP

30765PacificCoastHighway,Suite411

Malibu,California90265

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 Copyright Act of the United States, as amended, 17 U.S.C. 101 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 is a California corporation engaged in thebusiness of restaurant and food services with offices at 439 Powell Street, San Francisco, CA

94102.

JURISDICTION AND VENUE

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).

5. This Court has Court has personal jurisdiction over Defendant because Defendantmaintains its principal place of business in the State of California 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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FACTS

7. On or about February 25, 2010, Plaintiff discovered that Defendant was usingfour (4) photographs owned by Plaintiff (the Infringed Images) on Defendants website

www.searsfinefood.com (the Website).

8. Plaintiff has complied in all respects with Copyright Act of the United States ofAmerica and secured 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

700-00035334 VA 1-023-869

700-00044091 VA 1-056-362

700-00089488 VA 1-166-519

700-00267954 VA 1-232-777

A copy of the certificates of registration for these Infringed Images, which were

registered as individual images within a compilation, under the title Masterfile Website, is

attached hereto as Exhibit A.

9. Without Plaintiffs knowledge or consent, Defendant reproduced each of theseInfringed Images and displayed these unauthorized copies on its Website. Defendant is not, and

has never been, licensed or otherwise authorized to use the Photographs.

10. Plaintiff notified Defendant that Defendants unauthorized use of the InfringingImages 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.COUNT ONE



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A. A judgment from this Court that Defendant (1) has infringed Plaintiffs exclusiverights in the Infringed Images, and that this infringement was willful, and (2) has 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, its 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 $72,360.00 or in lieu thereof, at Plaintiffs election, statutory damages in no less than

the amount of $ 600,000.00, plus attorneys fees and costs;



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E. An award of statutory damages for removal of copyright management informationin the maximum amount of $2500.00 for each of the 4 intentional removals, for a total of

$10,000.00, plus costs and attorneys fees; and

F. Such other and further relief as the Court may deem just and proper.Dated: Malibu, California

July 06, 2010

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 Sears Fine Foods: Complaint

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Transcript of Masterfile vs Sears Fine Foods: Complaint