VKT-v-VWS-Hawaii-Part 1
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8/12/2019 VKT-v-VWS-Hawaii-Part 1
1/18
Case
1:14-cv-00298-RLP-NONE
Document 4
Filed
06/30/14
Page
1
of
1
PagelD
#:28
CIVL
I4-OO298.RLP
FILED IN THE
L'NITED STATES
DISTR]CT
COLE.T
DISTRICT OF HAWAII
Jun 30, l0l.l
.{t; -oclockand l0 min
&alb
V )
ORDER
SETTING
RULE
16
SCHEDULING CONFERENCE
I
ORDER
SETTING STATUS CONFERENCE
TO BE
SET before.
t]
Magistrate
Judge
Bany M.
Kuren
in
Courtroom
7
tl
Magisffate
Judge
Kevin
S.C. Chang
in Courtroom
5
Vl
Magistrate
Judge
Richard
L. Puglisi in Courtrooom
6
r'
cft
Pursuant
to Rule
l6
of
the
Federal Rules
of
Civil
Procedure
("Fed.R.Civ.P.")
and
Local
Rule 16.2
of the
Rules of the United States District Court for the
District
of
Hawaii:
.
Pafties are
reminded that,
unless
otherwise
ordered
by the
Couft, a
rneeting
of
the
parties
must
occur at
least 21
days
prior
to the
Scheduling Conference
and
a
report
submitted to the Court.
Except
as
otherwise
provided
by
L.R. 26.1(c), no formal
discovery
may
be
commenced
before
the
meeting of
the
parties.
.
Each
party
shall
file
a
Scheduling
Conference Statement
pursuant
to
L.R.
16.2(b),
and
shall
attend
in
person
or by
counsel.
.
Failure
to
file
andior
attend
will result
in
imposition
of
sanctions,
(including
fines
or dismissal),
under
Fed.R.Civ.P. 16(0
and
L.R.
11.1.
DATED
at
Honolulu, Hawaii
on
Monday,
June
30,2014.
/s/
Susan Mollwav
Chiel U.S.
District
Judge
THIS SCHEDULING ORDER
IS ATTACHED
TO THE INITIATING
DOCUMENT
(COMPLAINT/NOTICE
OF
REMOVAL)
&
MUST
BE
SERVEp
WITH
THE
DOCUMENT.
PLEASE
DO
NOT REMOVE.
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8/12/2019 VKT-v-VWS-Hawaii-Part 1
2/18
Activity
in
Case
1:14-cv-00298-RLP-NONE
Tylor
v.
Vermont Woods Studios,
LLC Set
Hearings
Tue,
Jul
1,
2014 at 8:05 AM
To:
hawaii_cmect@hid, uscourts.gov
This
rs an
automatic
e-rnail message
generated
by
the
CM/ECF
system.
Please
DO NOT RESPOND
to
this
e-mail
because
the
mail
box
is
unattended.
*'NOTE
TO PUBLIG AGCESS
USERS* Judicial
Gonference of the United Stetes
policy
permits
attorneys
of record and
partiea
in
a case
(including
pro
se litigants) to receive one free elecfonic copy of all
documents
filed elecbonically,
if
receipt
is
required by
law
or directed
by the
ffler.
PACER
access fees
epply
to
all other users. To avoid later charges,
download a copy
of
each docurnsnt
during
this lirst
viewing.
tlowover,
if the referenced
document
is a transcript
the
ftee copy
and
30
page
limit
do not
apply.
U.S. District Court
Dishict
of Hawaii
Notice
of Electronic
Filing
The
following tnansaction was entersd
on71112014 at 8:05 AM HST and filed on71112014
Case Name: Tylor v, Vermont Woods
Studios, LLC
CaseNumber:
1:14*v-00298-RI-P-NONE
Filer:
Document
Number:
8(No
document attached)
Docket Text:
EO:
Rule
16 Scheduling
Gonfurcnce
has been
set
for 9:30AM on
10127n014
before
JUDGE RICHARD
L. PUGLISI.
Counselfor
Plaintiff shall
notify
Defendants of the Rule
16 Scheduling
Confiercnce set by the Court.
(JUDGE
RICHARD
L. PUGLISI)(II,
)
CERTIFICATE
OF SERVICE
ParticipanE ragistBred io
rocoiyo
olscronac
notiftcatlons rocslved
this
documontcloctronically
at tho
o-rnail
addrstc
listod
on tho
l{otice
of
Eloctronic Filing
(NEF}.
Panlcipants notroglstcrod
to rocoivo
oloctronic
notillcaUoag woro sorvod
by
firstclass
mail
on
tho
daE
of
this
dockotontry
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Case
1:14-cv-00298-RLP-NONE
Document
5-1 Filed
06/30/L4
Page
1
of
1
PagelD
#:31
UNITED
STATES
DISTRICT COURT
DISTRICT OF
HAWAII
Plaintiff
(s),
)
)
)
Case
No.
CIVIL
I4-00298-RLP
)
)
Defendant(s).
CONSf,NT
TO
JURISDICTION
BY
UNITED
STATES
MAGISTRATE
JUDGE
Pursuant
to
28
U.S.C.
$
636(c)(1),
the undersigned
party
voluntarily
consents
to
have
the assigned
United
States
Magistrate
Judge
conduct any and
all funher
proceedings
in
the
case.
including
trial and entry of
a
final
judgment,
with direct
review
by
the
Ninth
Circuit
Court
of
Appeals if
an
appeal
is filed.
Name
of
Party(s)
Signature
of Attorney
or
Pro
Se
Party
Date
REASSIGNMENT TO
UNITED
STATES DISTRICTJUDGE
Pursuant
to
28
U.
S.C.
$
636(c)(2),
tle
undersigned acknowledges the availability of
a
United
States
Ivfagistrate
Judge but
elects
to
have
this case randomly
assigned
to
a
United
States
District
Judge.
Name
of
Party(s)
Signature of
Attorney or Pro
Se
Party Date
*"rr*
this
form
within
21
days
of appearance.
After
completing this
fornq
parties
may
e-mail this form in
pdf
format to
consent(drhid.uscourts.gor,,
or
may mail it
to U. S.
District
Court,
300 Ala Moana Blvd., Room
C-338,
Honolulu,
HI, 96850, Attenlion:
Corsent Clerk.
Do not
e-file this document.
vs.
)
)
)
)
)
)
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Case
1:14-cv-00298-RLP-NONE
Document
4-L
Filed 06/30/14
Page
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of
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PagelD
#:29
UNITED STATES
DISTRICT COURT
DISTRICT
OF
}IAWAII
OFFICE
OF T}IE CLERK
3OO ALA MOANA BLVD., RMC-338
HONOLULU,
IIAWAII
96850
Sue
Beltia
CLERK
To:
From:
Date:
Subject:
TEL
(808)
541-1300
FAX
(808)
541 -1 303
MEMO
All Federal Bar Members
Sue
Beitia,
Clerk
of U.S.
District Court,
District
of
Hawaii
Jun
30,
2014
Corporate
Discl
osure Statements
Federal
Rule
of
Civil
Procedure
7. 1
and
Criminal
Rule
12.4
both address
the
filing of
Corporate
Disclosure
Statements.
Both
rules
state "A
party
must:
(1)
file
the
Rule
7
l(a)
(or
12.4(a))
statement
with its
first appearance,
pleading, petition,
motion,
response, or
other
request
addressed
to the
court, and
(2) promptly
file
a
supplemental
statement upon
a change
in
the
information that
the
statement
requires."
Thank
you
for
your
cooperation
in
this
matter.
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Case
1:14-cv-00298
Document
1
Frled
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of
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PagelD
#:
1
J.
STEPHEN
STREET
T573-O
Attorney
At
Law
134
Maono
Place
Honolulu, Hawaii
96821
Telephone No.:
(808)
7Y-l&7
Facsimile
No.:
(888)
334-&99
E-mail:
jsstreet@
ip-law-hawaii.com
DANE ANDERSON
9349-0
Attorney At Law,
LLLC
P.O.
Box
#162I
Honolulu,
Hawaii
96806
Telephone
No.:
(808)
285-4760
E-mail:
Attorneys
for
Plaintiff
VINCENT
KHOURY
TYLOR
IN THE
UNITED
STATES
DISTRICT COURT
FOR
THE
DISTRICT OF
HAWAII
VINCENT
KHOURY
TYLOR,
)
CIVL
NO.
cv14-00298
)
(Copyright
Infringement)
Plaintiff,
)
)
COMPLAINT
FOR
COPYRIGHT
)
INFRINGEMENT
AND DIGITAL
)
MILLENNIUM
COPYRIGHT
ACT
)
VIOLATIONS;
EXHIBITS
6(A"-((D"
VERMONT
WOODS
STUDIOS,
LLC,
)
dba
VERMONT WOODS STUDIOS;
)
JOHN
DOES
1-10;
JANE
DOES 1-10;
)
DOE
CORPORATIONS
1-10; DOE
)
PARTNERSHIPS
1-10; and
DOE
)
ASSOCIATIONS
1-10,
)
)
Defendants.
)
)
)
)
vs.
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Case
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Document
1 Filed
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Page
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PagelD #:
2
DIGITA
LA
COMES
NOW
Plaintiff
VINCENT
KHOURY
TYLOR
by his
attorneys,
J. Stephen Street,
Attorney at Law, and Dane
Anderson,
Attorney at
Law, LLLC, and
for
his
complaint
alleges
as follows:
PARTIES
1.
Plaintiff
VINCENT KHOURY TYLOR
(hereinafter
referred to
as
"Plaintiff')
is a resident
of
the
State
of Hawaii.
2.
Upon
information and belief,
Defendant
VERMONT
WOODS
STUDIOS,
LLC
(hereinafter
referred
to
as
"Defendant")
is a limited
liability
company,
registered in the
State
of
Vermont,
with
its
principal place
of
business
in
Vernon, Vermont,
and
is doing
business
as
VERMONT
WOODS STUDIOS,
including
doing
business
in
the
State
of
Hawaii.
3.
JOHN
DOES 1-10,
JANE
DOES 1-10, DOE
CORPORATIONS
1-10, DOE
PARTNERSHIPS 1-10,
and
DOE
ASSOCIATIONS
1-10 are named herein under
fictitious
names
for
the reason that,
after investigation
of
the
facts of this action,
said
Defendant's true
names
and
identities
are
presently unknown to
Plaintiff,
except, upon
information
and
belief,
that
they
are connected in
some manner with the named
Defendant and/or
were
the
agents, servants, employees,
employers,
representatives,
co-venturers,
associates,
successors
or
assignees of the named
Defendant
who
may
be under a
duty,
COMPLAINT
FOR
COPYRIGHT
INFRINGEMENT
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PagelD
#:
4
FACTUAL
ALLEGATIONS
7.
Defendant
has
been
transacting
business
in
the
State
of
Hawaii
since
z}I},through
a
commercial
website
by specifically
advertising
that it
does
business
in and ships it
products
to the
State
of Hawaii
and by
selling
and
shipping
its
products, including
furniture, to
customers located
in the
State
of Hawaii.
8.
Defendant
manages and
controls
a
commercial
website,
at
http://vermontwoodsstudios.com/.
where
customers
can
view, select,
and complete
online
purchases
of Defendant's
products.
9. Defendant
manages and controls
a commercial
web
blog, at
http://vermontwoodsstudios.tvpepad.com/,
to
advertise
and
promote
its
business
and
products and
to
encourage
readers
to
click on
one of
many
provided
hyperlinks
to
be
directly
routed to
Defendant's commercial
website,
described
in
paragraph
8,
to complete
online
purchases
of Defendant's
products.
10.
Defendant
manages and
controls
a
commercial
web
page
on
Facebook.com,
at
https://www.facebook.com/VermontWoodsStudios,
to advertise
and
promote
its
business and
products
and
to
encourage
users
of
its
Facebook.com
commercial
web
page
to
click
on one of
many
provided
hyperlinks
to
be directly
routed
to
Defendant's commercial
website,
described
in
paragraph
8, to complete
online
purchases
of
Defendant's
products.
4
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PagelD #: 5
11. The
photographic work
at
issue in
this case
is an original
work
entitled to
copyright
protection
pursuant
to
the copyright
laws of
the
United
States,
and
the
photographic
work
at
issue
is
duly
registered
with
the
United
States
Copyright
Office. The
use
of the
photographic
work
at
issue
by Defendant
was for
the
specific
purpose
of
advertising
that
Defendant
does business
in
the
State
of
Hawaii
and that it has and
will
ship
its
products
to
the
State
of Hawaii.
12. The
photographic
work,
image
no.
"0-06
Hanauma Bay
Wide
Web-LG",
at
issue
in
this
case
was created
by
Plaintiff,
a
photographer,
who
owns
the copyright
to
the
work.
The
copyright
for that
photographic
work
at issue was
registered with the
United
States
Copyright Office as
VA 1-696-555,
effective
December
17
,2009,
ffid
supplemented
by
V
A l-432-7
41.
effective June
20,
2017,
in
the
name
of
Plaintiff,
who
has
exclusive rights
and
privileges
in the
photographic work
at
issue under
the
United States Copyright
Act.
A
true
and
correct copy
of the
Certificate
of
Registration
that relates
to
the photographic
work
at issue is attached hereto
as
Exhibit
"A."
13.
The
photographic
work at
issue
was
not a
"work
for hire."
14. Plaintiff incurred
substantial
time
and
expense
in
creating
the
photographic
work
at issue,
and
Plaintiff licenses
the
photographic
work
at issue
for
commercial
and
other uses.
5
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#: 6
15.
In20I2,
Plaintiff
learned
that
Defendant
was
using his
photographic
work
at
issue,
"0-06
Hanauma
Bay
Wide
Web-LG",
in
high
resolution,
on
its commercial web blog
as
follows:
Page
URL:
http://vermontwoodsstudios.tvpepad.com/vermont_woods-studiosJeg/20I0/07lve
rmont-fine-furniture-arrive
s- safely-
in-hawaii.
htm I
Image URL:
http
://vermont'woodsstudios.tvpepad.com/.a/6a00d83452272669e20
1 3485ae7dec9
70c-20Owi
This
photographic
work
was
used
by Defendant
without
obtaining
licenses
or
consent
from
Plaintiff,
thus
constituting
copyright
infringement by
violating his
exclusive rights
as the copyright
owner to
reproduce,
adapt,
display,
distribute,
and/or create
derivative
works under
17
U.S.C.
$$
100
et.
seq. A
true and
correct
copy
of
the
photographic
work at issue registered
by Plaintiff
is
attached hereto as
Exhibit
"8."
True
and
correct
copies
of screenshots of
Defendant's
infringing uses
on
Defendant's
commercial
web
blog
are
attached
hereto as
Exhibit"C."
16. Plaintiff's
copyrighted
photographic
work at issue,
where
it
is legitimately
available,
bears Plaintiff's
copyright
management
information in the
form
of
a
"Vincent
K.
Tylor"
signature at
the
bottom,
right
corner of
the
photographic
work.
t7.
Upon
information
and
belief,
Defendant
intentionally removed
or
altered
Plaintiff
copyright
management
information,
as
described
in
paragraph
6
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Page
7
of
t5
PagelD
#:
7
16,
from the
photographic
work
at issue
for
Defendant's
uses
of
that
photographic
work
without
his
authority
or
the
authority
of
the law,
or Defendant
distributed
the
photographic
work
at
issue
knowing
that his copyright
management
information
had been
removed
or
altered
without
his authority or
the authority
of the
law.
Defendant
displayed
copies
of the
photographic
work at issue
without
Plaintiff's
copyright
management
information,
knowing
that
Defendant
did not
own that
photographic
work, and
knowing
that
a
simple
internet image
search
would locate
that
photographic
work
with Plaintiff's
copyright
management
information
clearly
associated
with it. A
true
and
correct
copy
of Plaintiff's
photographic
work
containing
his copyright
management
information
along
with
copies
of
screenshots
of
Defendant's
infringing
uses
with
the
copyright
management
information
cropped
are shown
in Exhibits
"B"
through
"D".
18.
By letter of
May L4,z\I2,Plaintiff
gave
notice to
Defendant
of
the
copyright
infringement and
Digital
Millennium
Copyright
Act violations
for
the
photographic
work
at
issue, described
in
paragraphs
15
through
17,
and
attempted
to
resolve
the
claims
by
requesting
that Defendant
pay
a
retroactive
licensing
fee
for the
use
of the
photographic
work
at issue,
that
it cease
and
desist
from
using
the
photographic
work, and
provide
an
accounting
of all uses
by
Defendant
of the
photographic
work
at
issue.
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Page
8
of
15
PagetD #:
8
19. Following
receipt
of
the
notice,
described
in
paragraph
18, by
Defendant,
Plaintiffs
counsel
atthat time
and
Defendant
exchanged
communications
in
an
attempt
to
settle
the claims.
20.
Despite the
cease and desist
notice
received
by Defendant
in
May or
June of
2012,
Plaintiff
learned
in
April of
2Ol4
that Defendant
was
still
using
his
photographic
work
at issue, and
absent his
copyright
management
information,
at the Image
URL,
described
in
paragraph
15,
at:
Image URL:
http://vermontwoodsstudios.t),pepad.com/.a/6a00d83452272669e2013485ae7dec9
70c-20Owi
This
unauthorized use,
shown in Exhibit"C",continued
for about two
(2)
years
by
Defendant after receiving
notice
of
Plaintiff's copyright
and
cease
and desist
demand and
without
licenses
or
consent, thus
constituting
willful
infringement
by
violating Plaintiff's exclusive
rights
as
the
copyright
owner
to
reproduce,
adapt,
display, distribute,
and/or
create
derivative works
under
17
U.S.C.
S$
100 et.
seq.
as
well
as
an intentional
violation of
the Digital
Millennium
Copyright
Act by
distributing the
photographic
work
at issue
knowing
that
Plaintiff's copyright
management
information
had
been
removed
or
altered
without
his
authority
or
the
authority
of the
law.
2I.
Furthermore, despite the
cease
and desist
notice
received
by
8
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9
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15
PagelD #:
9
Defendant in May
or
June
of
2012,
Plaintiff
learned in
April of 2Ol4 that
Defendant
was
also
using his
photographic work
at issue, and absent
his
copyright
management
information,
on Facebook.com
as
follows:
Page
URL:
https://www.facebook.com/notes/vermont-woods-studios/vermont-handcrafted-
fine-furniture-arrives-
safely-i
n-hawaii/41
75397
1
9447
Image
URL:
httos://fbexternal-
a. akamaihd.neVsafe
image.php?d=A
ODmpVuSJtHOmwai&
url=http7o3A
7o2F7o2F
vermontwoodssttdios.typepad.com%oZF.a7o2F6a0Od83452272669e20l3485ae7dec
970c-20Owi
This
use began
in
2010 and continued
for
about
two
(2)
years
by Defendant
after
receiving notice
of Plaintiff's copyright
and
cease
and desist demand and
without
licenses
or
consent, thus
constituting willful
infringement
by
violating
Plaintiff's
exclusive rights
as the copyright
owner to
reproduce,
adapt,
display,
distribute,
and/or create
derivative
works under
17
U.S.C.
$$
100
et.
seq. as
well
as
an
intentional
violation of
the
Digital Millennium
Copyright
Act by
distributing the
photographic
work at issue knowing
that Plaintiff's copyright management
information
had been removed
or
altered
without his authority
or
the authority
of
the
law. A
true and
correct copy
of
a screenshot
of
Defendant's
infringing
uses
are
attached hereto
as Exhibit'0D."
22.
Defendant's use
of
Plaintiff
s
photographic
work at
issue
on
its
Facebook.com
commercial web
page
has
contributed
to
widespread
distribution
of
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the
photographic
work
absent
his
copyright
management
information
because
users
who
view
Defendant's
Facebook.com
commercial
posting
can
easily
distribute
Defendant's
use
of
that
photographic
work without
Plaintiff
s
copyright
management
information among
other
Facebook.com
users
by clicking
on the
"Like"
button,
"Comment"
button or
"Share"
button
associated
with
Defendant's
commercial
posting
of
the
photographic
work.
Each
"Like,"
"Comment,"
or
"Share"
action
by
a
user
causes
Defendant's
use of
the
photographic
work to
be
distributed
among
many
other
users
of
Facebook.com or
promotes Defendant's
Facebook.com commercial
web
page
or
its
business
as
the
origin
and owner of
Plaintiff
s
photographic
work, effectively
advertising
Defendant's
business
and
brand
as
well
as
the
photographic
work
absent
Plaintiff
s
copyright
management
information.
23.
Plaintiff
and Defendant
were unable
to
resolve
this matter,
thus necessitating legal
action.
FIRST
CAUSE
OF
ACTION:
COPYRIGHT
INFRINGEMENT
24. Plaintiff
restates
and realleges
each
of the
allegations
contained
in
paragraphs 1-23
as
if fully
stated
herein.
25.
Plaintiff
has
all rights,
title,
and
interest
in the
copyright to
the
photographic
work
as
holder
of the copyright,
the
use
of
which
has not
been
licensed
to
Defendant.
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26.
Defendant
has
misappropriated
Plaintiff
s
copyrighted
photographic
work with
knowledge
that the
photographic
work at
issue
did
not
belong to Defendant
and
continued to
use
the
photographic
work
despite
Plaintiff
s
notice
of copyright and
demand
that
Defendant
cease and desist;
Defendant
thereby
willfully
engaged
in
unauthoized
use,
copying, distribution,
andlor
display
of
Plaintiff
s
copyrighted
photographic
work on its said
commercial web
pages.
Defendant's
acts
constitute
willful
copyright
infringement under the
United States
Copyright
Act,
17
U.S.C.
$$
101
et.
seq.
27
. Defendant's
unlawful
use
of copies
of
Plaintiff
s
original
photographic
work
has
diminished
the
value of
the original
photographic
work
by
distributing and encouraging
redistribution
of
the
photographic
work without
identifying the
photographic
work
as being
the
exclusive
property
of
Plaintiff.
28.
Defendant's
unlawful
acts have been and are
interfering with
and undermining
Plaintiff's ability
to market
Plaintiff's
own
original
photographic
work, thereby impairing the
value
and
prejudicing
the
sale
or
license
by
Plaintiff of
his own
photographic
work.
29.
Defendant, by its unauthorized appropriation
and use
of
Plaintiff's
original
photographic
work, has been and is engaging in acts
of unfair
competition,
unlawful
appropriation, unjust
enrichment,
wrongful deception of the
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purchasing
public,
and
unlawful
trading
on
Plaintiff's
goodwill
and the
public
acceptance
of Plaintiff's
original
photographic work.
30.
Because
Defendant
used
Plaintiff's
copyrighted photographic
work without
license,
infringing
the
exclusive rights of Plaintiff as
the
copyright
owner,
Plaintiff
is
entitled to have the
infringing
publications
and any
improperly
acquired likenesses or
images
(however
stored
or
recorded)
impounded
while
this
action
is
pending.
31.
As
a
direct
and
proximate result
of
Defendant's
wrongful
acts,
Plaintiff
has
suffered
and continues
to suffer lost
profits
and damages.
32. Plaintiff is
entitled to
recover from
Defendant
the
damages he
has
sustained as a
result
of these
wrongful
acts. Plaintiff
is
presently
unable
to
ascertain
the
full
extent
of
the
monetary
damages he has suffered
by
reason of
Defendant's
acts
of
copyright
infringement.
33.
Plaintiff
is further
entitled to
recover from
Defendant any
gains,
profits,
or
advantages Defendant has
obtained
as
a
result of its
wrongful
acts.
Plaintiff is
presently unable
to
ascertain the
full
extent
of
the
gains, profits,
and
advantages
Defendant
has realized
by its
acts
of copyright infringement.
34. Plaintiff
is entitled to
elect
to
recover from
Defendant
statutory
damages
for
each
of
its
willful violations of
Plaintiff's
copyrights.
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35.
Plaintiff
is
further
entitled to
costs
and reasonable
attorneys'
fees.
SECOND CAUSE OF
ACTION:
DIGITAL MILLENNIUM COPYRIGHT
ACT
VIOLATIONS
36.
Plaintiff
restates
and
realleges
each
of the
allegations contained
in
paragraphs
1-35
as if fully
stated
herein.
37. Defendant intentionally
removed
or
altered copyright
management
information from
association
with
the
photographic
work
for
Defendant's
infringing
uses,
or distributed
the
photographic
work at issue knowing
that Plaintiff's copyright management information had been
removed or
altered,
without
the
authority of Plaintiff
or
the
law,
knowing,
or having
reasonable
grounds
to
know,
that
the
removal or
distribution
would
induce,
enable,
facilitate,
or
conceal inlringement of
copyright.
38.
Defendant's
acts
constitute
violations under the Digital
Millennium Copyright
Act, 17
U.S.C.
S
1202.
39. Plaintiff
is
entitled to a
preliminary
and
permanent
injunction to
prevent
Defendant
from engaging in
further violations
of
L7
U.S.C.
9
L202.
40.
Plaintiff is
entitled to
recover
from
Defendant
the actual
damages
suffered by
Plaintiff
and
any
profits
Defendant
has
obtained
as a
result
of
its
wrongful
acts
that
are
not
taken into account in
computing
the
actual
damages.