Pacific Wood Ventures Complaint

Leonard D. DuBoff, OSB #774378 lduboff@dubofflaw. corn The DuBoff Law Group 6665 S.W. Hampton Street, Suite 200 Portland, Oregon 97223-8357 Telephone: (503) 968-8111 Facsimile: (503) 968-7228

Of Attorneys for Plaintiff Pacific Wood Ventures, LLC

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

Civil Case No. I’/ 1c1 PACIFIC WOOD VENTURES, LLC., an Oregon limited liability company,

Plaintiff,

ABBY GHIASSY an individual and GENESIS MARKETING, LLC, an Oregon limited liability company.

Defendants.

COMPLAINT

Copyright Infringement (17 U.S.0 § 501, etseq)

DEMAND FOR JURY TRIAL

Plaintiff Pacific Wood Ventures, LLC alleges its action against Abby Ghiassy and Genesis Marketing, LLC as follows.

JURISDICTION AND VENUE

1. This is a claim for copyright infringement arising under 17 U.S.C. §S 501-513.

2. This Court has federal subject matter jurisdiction over this action pursuant to 28 U.S.C.

§S 1331 and 1338.

Venue is proper in this district pursuant to 28 U.S.C. § 1391(b)(2) because a substantial

part of the events giving rise to this claim occurred in this district.

PARTIES

4. Plaintiff Pacific Wood Ventures, LLC ("Pacific") is an LLC which at all relevant times

herein has had its principal place of business in Bend, Oregon. Pacific sells wall beds through its

showroom in Bend, other retailers, and its website www.wallbedfactory.com . Pacific holds

copyrights in certain renderings and text, among them the copyrights in the renderings of

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Case 6:14-cv-01029-MC Document 1 Filed 06/26/14 Page 1 of 4 Page ID#: 1

furniture on Pacific’s website (the "Renderings"), true and correct copies of which are attached

as Exhibit 1. Plaintiff applied for registration of copyright for the webpages containing these

renderings on June 16, 2014 and June 17, 2014. Plaintiff plans to file additional applications and

to amend this Complaint to include additional infringements.

5. Defendant Abby Ghiassy ("Ghiassy"), an individual, owns and operates Genesis

Marketing, LLC and is registrant of the URL wallbedsunlimited.com .

6. Defendant Genesis Marketing, LLC ("Genesis"), a corporation formed under the laws of

the state of Oregon, with its principal place of business in Corvallis, Oregon, sells wall beds and

related furniture throughout the United States, including Oregon.

FIRST CLAIM FOR RELIEF

(Copyright Infringement against Ghiassy and Genesis)

7. Pacific re-alleges and incorporates herein, by reference, each and every allegation

contained in paragraphs 1 through 6 above, as though fully set forth herein.

8. In November 2013, Pacific discovered that Ghiassy and Genesis were using Renderings

and text from Pacific’s website.

9. Pacific has not authorized Ghiassy or Genesis to reproduce the Renderings or text.

10. Pacific is informed and believes that Ghiassy and Genesis have been using the

Renderings and text for an extensive period of time.

11. Pacific is the sole owner of the copyright in the Renderings and text.

12. The acts alleged herein constitute copyright infringement under 17 U.S.C. § 501.

13. Pacific is informed and believes and based thereon alleges that the acts alleged above

were at all times committed intentionally and willfully by Ghiassy and Genesis.

14. The acts of Ghiassy and Genesis have caused and will continue to cause, unless enjoined,

irreparable injury to Pacific, including loss of sales as well as injury to Pacific’s business

reputation and goodwill. Pacific has no adequate remedy at law.

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15. Pacific is entitled to an injunction restraining Ghiassy, Genesis and all persons acting in

concert with them or either of them from engaging in any further acts of infringement.

16. Pacific is further entitled to recover from Ghiassy and Genesis the actual damages Pacific

has sustained and will sustain and any gains, profits, and advantages obtained by them as a result

of its acts and infringements alleged above. At present, the amount of such damages, gains,

profits, and advantages cannot be fully ascertained by Pacific.

WHEREFORE, Pacific prays for judgment as follows:

A. That Ghiassy and anyone acting on his behalf be enjoined during the pendency of this

action and permanently from directly or indirectly infringing Pacific’s aforementioned copyright

in the manner alleged above;

B. That Ghiassy and anyone else acting on his behalf be required to pay Pacific such

damages as Pacific has sustained as a consequence of Ghiassy’s infringement, and to account for

all gains, profits, and advantages derived by Ghiassy by reason of his infringements of Pacific’s

copyrights, in an amount to be determined at trial;

C. That Pacific be awarded punitive damages in an amount to be proven at trial for the

willful, wanton, and malicious actions of Ghiassy in disregard of Pacific’s rights;

D. That Genesis and its respective officers, agents, employees, successors, assigns, and

anyone else acting on its behalf, be enjoined during the pendency of this action and permanently

from directly or indirectly infringing Pacific’s aforementioned copyrights in the manner alleged

above;

E. That Genesis and its respective officers, agents, employees, successors, assigns, and

anyone else acting on its behalf, be required to pay Pacific such damages as Pacific has sustained

as a consequence of Genesis’s infringement, and to account for all gains, profits, and advantages

derived by Genesis by reason of its infringements of Pacific’s copyrights, in an amount to be

determined at trial;

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F. That Pacific be awarded punitive damages in an amount to be proven at trial for the

willful, wanton, and malicious actions of Genesis in disregard of Pacific’s rights; and,

G. That Pacific have such other and further relief as is just and equitable.

DEMAND FOR JURY TRIAL

Plaintiff demands trial by jury.

DATED this ’1ay of(\� 2014

THE DUBOFF LAW GROUP

Leonard D. DuBoff, OSB #774378 [email protected]

Of Attorneys for Plaintiff Pacific

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Pacific Wood Ventures Complaint

Documents

Transcript of Pacific Wood Ventures Complaint