IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN ) ) ) ) ) ) ) ) ) ) ) )

RSR SALES, INC., a Michigan Corporation, Plaintiff, vs. GARDEN MEADOW, INC., a Connecticut Corporation, Defendant.

Case No. Hon.

COMPLAINT FOR DECLARATORY JUDGMENT PLAINTIFF, RSR Sales, Inc. (RSR), as against Defendant, Garden Meadow, Inc., (GMI) hereby alleges as follows: THE PARTIES 1. Plaintiff RSR is a Michigan corporation, d/b/a EchoValley Products, having the

address P.O. Box 2741, Ann Arbor, MI 48106. 2. Upon information and belief, Defendant GMI is a Connecticut corporation having

offices at 124 Research Dr., Suite G, Milford, CT. JURISDICTION 3. This action arises under the copyright laws of the United States, 17 U.S.C. 101, et

seq. This Court has subject matter jurisdiction over this claim pursuant to 28 U.S.C. 1331 and 1338, and the Declaratory Judgment Act, 28 U.S.C. 2201. 4. This Court has personal jurisdiction over Defendant GMI because it conducts regular

business in this District. 5. and 1400(a). Venue is proper in the Eastern District of Michigan pursuant to 28 U.S.C. 1391

THE PARTIES 6. Plaintiff RSR has been selling garden dcor under the Echo Valley name for about 25

years. Its product line includes wrought iron fixtures, statuary, bird feeders, garden markers and gazing globes. See www.echovalley.com. 7. Upon information and belief, Defendant GMI is a company that sells wholesale

outdoor furniture. BACKGROUND 8. On May 28, 2013, Kyle Anne Citrynell, attorney for Defendant GMI, sent a letter to

counsel for Plaintiff, alleging that Plaintiff is selling a Product called the Butterfly Silhouette KaleidoLantern, Model No. 4611, which infringes U.S. Copyright Registration No. VA 1-692-440 entitled Solar Wings of Spring Patio Lanterns-Butterfly, allegedly owned by Defendant. 9. Rather than place Plaintiff on notice of the alleged infringement, Ms. Citrynells letter

to Plaintiffs counsel was copied one of Plaintiffs valued customers, Fred Meyer, Inc., thereby intentionally interfering with one of Plaintiffs important business relationships. Ms. Citrynells letter and the subject Copyright Registration are attached hereto as Exhibit A. 10. Ms. Citrynells letter, and the allegations of copyright infringement, constitute an

actual, justiciable case or controversy. COUNT I Declaratory Judgment Non-Infringement 17 U.S.C. 101, et seq. 11. Plaintiff RSR incorporates by reference the allegations in each of the preceeding

paragraphs as if fully set forth in this paragraph. 12. An actual controversy exists as to whether the Butterfly Silhouette KaleidoLantern,

Model No. 4611, infringes U.S. Copyright Registration No. VA 1-692-440.

13.

In comparing the Butterfly Silhouette KaleidoLantern, Model No. 4611, of Plaintiff,

to the work identified in Copyright Registration No. VA 1-692-440, numerous differences exist in the respective decorative expressions. Plaintiff is therefore entitled to a declaration that the Butterfly Silhouette KaleidoLantern, Model No. 4611 does not infringe Copyright Registration No. VA 1-692440, or any copyrights owned by Defendant. COUNT II Declaratory Judgment Invalidity of Copyright 17 U.S.C. 101, et seq. 14. Plaintiff RSR incorporates by reference the allegations in each of the preceeding

paragraphs as if fully set forth in this paragraph. 15. Even insofar as Defendant owns the subject copyright registration, numerous similar

designs exist in the marketplace and have so existed for years, such that the various expressions overall are in the public domain. Upon information and belief, such similar designs have existed prior to Defendants purported rights in its particular expression and copyright registration, such that Defendants registration is invalid. Defendant is attempting to assert ownership of the idea of a lantern with cut-out butterfly shapes when, in fact, copyright does not extend to ideas. WHEREFORE, Plaintiff RSR requests this Court to enter Judgment: (a) Declaring that Plaintiffs Butterfly Silhouette KaleidoLantern, Model No. 4611, does

not infringe any copyright owned by Defendant; (b) (c) Declaring that U.S. Copyright Registration No. VA 1-692-440 to be invalid; Enjoining Defendant, its agents, attorneys and assigns from asserting copyrights as

against Plaintiff with respect to the Butterfly Silhouette KaleidoLantern, Model No. 4611; (d) Enjoining Defendant, its agents, attorneys and assigns from asserting copyrights as

against any third parties doing business with Plaintiff, including its suppliers, distributors and

customers with respect to the Butterfly Silhouette KaleidoLantern, Model No. 4611; and (e) Awarding Plaintiff its costs, attorneys fees and increased damages as provided by

law, and such other and further relief as this Court deems proper and just. DEMAND FOR JURY TRIAL NOW COMES Plaintiff, by and through its attorneys, and hereby demands a trial by jury in the above cause of action. Respectfully submitted, s/ John G. Posa John G. Posa (P49445) Allen M. Krass (P16218) Gifford, Krass, Groh, Sprinkle, Anderson, & Citkowski, P.C. 2701 Troy Center Drive, Suite 330 P.O. Box 7021, Troy, Michigan 48007-7021 Phone: (248) 647-6000 Fax: (248) 647-5210 Attorneys for Plaintiff Dated: June 10, 2013