Case 3:13-cv-02146-SI

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FILED(lt, If(~ '1311 :15USDCiJRP

Leonard D. DuBoff, OSB #774378 lduboff@dubofflaw.com The DuBoff Law Group, LLC 6665 S.W. Hampton Street, Suite 200 Portland, Oregon 97223-8357 Telephone: (503) 968-8111 Facsimile: (503) 968-7228 Of Attorneys for Plaintiff Shardan International Marketing, Inc.

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s:

UNITED STATES DISTRICT COURT DISTRICT OF OREGON SHARDANINTERNATIONAL MARKETING, INC., an Oregon Corporation, Plaintiff,
v.

3 )13 - CV - 2 14 6
Case No.----COMPLAINT Copyright Infringement (17 U.S.C 501, et seq) DEMAND FOR JURY TRIAL

DIANE ADAMS an individual, SEARS, ROEBUCK AND CO., a foreign corporation and AMAZON.COM, INC., a foreign corporation. Defendants.

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Plaintiff Shardan International Marketing, Inc. alleges its action against Diane Adams, Sears, Roebuck and Co. and Amazon.com, Inc. as follows: JURISDICTION AND VENUE 1. 2. This is a claim for copyright infringement arising under 17 U.S.C. 501-513. This Court has federal subject matter jurisdiction over this action pursuant to 28 U.S.C.

1331 and 1338. 3. 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. PlaintitT Shardan International Marketing, Inc. ("Shardan'') is a corporation which at all

relevant times herein has had its principal place of business in Las Vegas, Nevada. Shardan holds copyrights in certain works of art of one of its principals, Sharie Hatchett Bohlmann. among Page 1 -COMPLAINT

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them the copyrights in the works set forth below, henceforth collectively called the "Works":

Paradise, registered March 30, 2007 as VAu 741-465; Fragrant Breeze, registered March 30,
2007 as VAu 741-695; A Step Back in Time, registered February 13,2003 as VAu 576-750;

Amber Afternoon, registered May 17, 2006 as V Au 703-798; Floral Tapestry, registered July 20,
2004 as VAu 644-149; Lost in Time, registered July 20, 2004 as V Au 644-149; Memories of the

Moment, registered October 9, 2001 as VAu 530-072; Garden of Memories, registered March 26,
2007 as VAu 735-638; Mediterranean Memories, registered March 30, 2007 as Vau 741-694;

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Mediterranean Secret, registered March 30, 2007, as V Au 741-466; Italian Love Song, registered
March 30,2007 as VAu 741-693; and Bougainvillea Canopy, registered October 30, 2006 as VAu 724-195. Attached as Exhibit 1 are true and correct copies of the certificates of registration for the Works, along with true and correct copies of each of the Works. 5. Defendant Diane Adams ("Adams"), an individual, sells art prints throughout the United

States, including Oregon, and the world. 6. Defendant Amazon.com, Inc. ("Amazon"), a corporation formed under the laws of the

state of Delaware, with its principal place of business in Seattle, Washington, sells a variety of items throughout the United States, including Oregon. and the world. 7. Defendant Sears, Roebuck, and Co. ("Sears''). a corporation formed under the laws of the

state of New York, with its principal place of business in Hoffman Estates, Illinois, sells a variety of items throughout the United States, including Oregon. and the world. FIRST CLAIM FOR RELIEF (Copyright Infringement against Adams) 8. Shardan re-alleges and incorporates herein. by reference. each and every allegation

contained in paragraphs 1 through 7 above. as though fully set forth herein. 9. In July 2013, Shardan discovered that Adams was selling reproductions ofthe Works.

Attached as Exhibit 2 are copies of printouts depicting those reproductions. 10. Shardan has never authorized Adams to reproduce the Works.

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11. Shardan is informed and believes that Adams has been selling the reproductions of the Work for an extensive period of time. 12. Works. 13. 14. The acts alleged herein constitute copyright infringement under 17 U.S.C. 501. Shardan is informed and believes and based thereon alleges that Adams' acts alleged Shardan is, and at all times herein mentioned was, the sole owner of the copyrights in the

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above were at all times committed intentionally and willfully. 15. Adams' acts have caused and will continue to cause, unless enjoined, irreparable injury to

Shardan, including injury to Shardan's business reputation and goodwill. Shardan has no adequate remedy at law. 16. Shardan is entitled to an injunction restraining Adams and all persons acting in concert

with her from engaging in any further acts of infringement. 17. Shardan is further entitled to recover from Adams the actual damages Shardan has

sustained and will sustain and any gains, profits, and advantages obtained by Adams 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 Shardan. 18. In the alternative, Shardan is entitled to recover statutory damages of $750 to $30,000 per

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act of infringement pursuant to 17 U .S.C. 504( c )(I). Further, because Adams acted willfully, Shardan is entitled to enhanced statutory damages up to $150,000 per act of infringement as provided in 17 U.S.C. 504(c)(2). 19. Shardan is also entitled to an award of its reasonable attorneys' fees and costs pursuant to

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17 U.S.C. 505.

SECOND CLAIM FOR RELIEF (Copyright Infringement against Sears)

20. Shardan re-alleges and incorporates herein. by reference, each and every allegation

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contained in paragraphs 1 through 19 above, as though fully set forth herein.

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21.

In July 2013, Shardan discovered that Sears was selling Adams' reproductions of two of

the Works, Bougainvillea Canopy and Italian Love Song, on its website. See Exhibit 2. 22. Shardan has never authorized Sears to sell Adams' reproductions of the Works or to

reproduce the Works. 23. Shardan is informed and believes that Sears has been selling the reproductions of the

Work for an extensive period of time. 24. Works. 25. 26. The acts alleged herein constitute copyright infringement under 17 U.S.C. 501. Shardan is informed and believes and based thereon alleges that Sears' acts alleged above Shardan is, and at all times herein mentioned was, the sole owner of the copyrights in the

were at all times committed intentionally and willfully. 27. Sears' acts have caused and will continue to cause, unless enjoined, irreparable injury to

Shardan, including injury to Shardan's business reputation and goodwill. Shardan has no adequate remedy at law. 28. Shardan is entitled to an injunction restraining Sears and its respective directors, officers,

agents, employees, representatives, and all persons acting in concert with them, from engaging in any further acts of infringement. 29. Shardan is further entitled to recover from Sears the actual damages Shardan has

sustained and will sustain and any gains, profits, and advantages obtained by Sears 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 Shardan. 30. In the alternative, Shardan is entitled to recover statutory damages of $750 to $30.000 per

act of infringement pursuant to 17 U.S.C. 504(c)(l). Further, because Sears acted willfully. Shardan is entitled to enhanced statutory damages up to $150,000 per act of infringement as provided in 17 U.S.C. 504(c)(2).

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31.

Shardan is also entitled to an award of its reasonable attorneys' fees and costs pursuant to

17 U.S.C. 505.

THIRD CLAIM FOR RELIEF (Copyright Infringement against Amazon)

32. Shardan re-alleges and incorporates herein, by reference, each and every allegation

contained in paragraphs 1 through 31 above, as though fully set forth herein. 33. In July 2013, Shardan discovered that Amazon was selling Adams' reproductions often

ofthe Works, Paradise, Fragrant Breeze, A Step Back in Time, Amber Afternoon, Floral Tapestry, Lost in Time, Memories ofthe Moment, Garden of Memories, Mediterranean Memories, Mediterranean Secret, on its website. See Exhibit 2. 34. Shardan has never authorized Amazon to sell Adams' reproductions of the Works or to

reproduce the Works. 35. Shardan is informed and believes that Amazon has been selling the reproductions of the

Work for an extensive period of time. 36. Works. 37. 38. The acts alleged herein constitute copyright infringement under 17 U.S.C. 501. Shardan is informed and believes and based thereon alleges that Amazon's acts alleged Shardan is, and at all times herein mentioned was, the sole owner of the copyrights in the

above were at all times committed intentionally and willfully. 39. Amazon's acts have caused and will continue to cause, unless enjoined. irreparable injury

to Shardan, including injury to Shardan's business reputation and goodwill. Shardan has no adequate remedy at law. 40. Shardan is entitled to an injunction restraining Amazon and its respective directors,

officers, agents, employees, representatives. and all persons acting in concert with them. from engaging in any further acts of infringement.

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41.

Shardan is further entitled to recover from Amazon the actual damages Shardan has

sustained and will sustain and any gains, profits, and advantages obtained by Amazon 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 Shardan. 42. In the alternative, Shardan is entitled to recover statutory damages of $750 to $30,000 per

act of infringement pursuant to 17 U.S.C. 504(c)(1). Further, because Amazon acted willfully, Shardan is entitled to enhanced statutory damages up to $150,000 per act of infringement as provided in 17 U.S.C. 504(c)(2). 43. Shardan is also entitled to an award of its reasonable attorneys' fees and costs pursuant to

17 U.S.C. 505.

WHEREFORE, Shardan prays for judgment as follows:

A.
That Adams and anyone else acting on her behalf be enjoined during the pendency of this

action and permanently from directly or indirectly infringing Shardan's aforementioned copyrights in the manner alleged above;

B.

That Adams and anyone else acting on her behalf be required to pay Shardan such

damages as Shardan has sustained as a consequence of Adams' infringement, and to account for all gains, profits, and advantages derived by Adams by reason of her infringements of Shardan' s copyrights, in an amount to be determined at trial; C. In the alternative, that Shardan be awarded statutory damages of up to $150,000 per act

of infringement of Shard an's copyrights by Adams; D. That Adams pay to Shardan the costs of this action, and reasonable attorneys' fees to be

awarded by the court pursuant to 17 U.S.C. 505; E. That Shardan be awarded punitive damages in an amount to be proven at trial for the

willful, wanton. and malicious actions of Adams in disregard of Shardan's rights; F. That Sears and its respective officers. agents. employees. successors, assigns. and anyone

else acting on its behal[ be enjoined during the pendency of this action and permanently from

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directly or indirectly infringing Shardan's aforementioned copyrights in the manner alleged above; G. That Sears and its respective officers, agents, employees, successors, assigns, and anyone else acting on its behalf, be required to pay Shardan such damages as Shardan has sustained as a consequence of Sears' infringement, and to account for all gains, profits, and advantages derived by Sears by reason of its infringements of Shardan' s copyrights, in an amount to be determined at trial; H. In the alternative, that Shardan be awarded statutory damages of up to $150,000 per act

of infringement of Shard an's copyrights by Sears;

I.

That Sears pay to Shardan the costs of this action, and reasonable attorneys' fees to be

awarded by the court pursuant to 17 U.S.C. 505; J. That Shardan be awarded punitive damages in an amount to be proven at trial for the

willful, wanton, and malicious actions of Sears in disregard of Shardan's rights; and, K. That Amazon 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 Shardan's aforementioned copyrights in the manner alleged above;

L.

That Amazon and its respective officers, agents, employees, successors. assigns, and

anyone else acting on its behalf, be required to pay Shardan such damages as Shardan has sustained as a consequence of Amazon's infringement, and to account for all gains. profits. and advantages derived by Sears by reason of its infringements of Shardan s copyrights, in an amount to be detem1ined at trial; M. In the alternative. that Shardan be awarded statutory damages of up to $150.000 per act

of infringement of Shard an s copyrights by Amazon; N. That Amazon pay to Shardan the costs of this action, and reasonable attorneys fees to be

awarded by the court pursuant to 17 U.S.C. 505;

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0.

That Shardan be awarded punitive damages in an amount to be proven at trial for the

willful, wanton, and malicious actions of Amazon in disregard of Shard an's rights; and, P. That Shardan have such other and further relief as is just and equitable.

DEMAND FOR JURY TRIAL

Plaintiff demands trial by jury. DATED this 4th day of December, 2013.

THE DUBOFF LAW GROUP, LLC

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Leonard D. DuBoff, OSB #774378 lduboff@dubofflaw.com Of Attorneys for Plaintiff Shardan

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