36 Amended Complaint Against Wine and Canvas Development LLC Et Al

THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA

ORLANDO DIVISION

MEGAN AROON DUNCANSON and
SHERI MARIE WISEMAN,

Plaintiffs,

v.

WINE & CANVAS DEVELOPMENT,
LLC; WINE AND CANVAS IP
HOLDINGS LLC; ANTHONY SCOTT,
individually; TAMARA SCOTT
a/k/a TAMARA MCCRACKEN,
individually; WNC OF
JACKSONVILLE, LLC; SARAH
MARIE WATHEN and JOSHUA
MICHAEL WATHEN, jointly,
D/B/A WINE AND CANVAS, and
individually; SJ WATHEN
BLOOMINGTON LLC F/K/A WINE
AND CANVAS BLOOMINGTON LLC;
YABOO LLC D/B/A WINE AND
CANVAS; and WNC OF ORLANDO
LLC,

Defendants.

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Civil Action No.

6:14-cv-00704-PGB-KRS

AMENDED COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF
COME NOW Plaintiffs, MEGAN DUNCANSON and SHERI MARIE
WISEMAN, and hereby file this Complaint against Defendants,
WINE & CANVAS DEVELOPMENT, LLC; WINE AND CANVAS IP HOLDINGS
LLC; ANTHONY SCOTT, individually; TAMARA SCOTT a/k/a TAMARA
MCCRACKEN, individually; WNC OF JACKSONVILLE, LLC; SARAH MARIE
WATHEN and JOSHUA MICHAEL WATHEN, jointly, D/B/A WINE AND
Case 6:14-cv-00704-PGB-KRS Document 36 Filed 07/18/14 Page 1 of 35 PageID 212
Duncanson v Wine and Canvas Development, LLC Amended Complaint, Page 2 of 35

CANVAS, and individually; SJ WATHEN BLOOMINGTON LLC F/K/A WINE
AND CANVAS BLOOMINGTON LLC; YABOO LLC D/B/A WINE AND CANVAS;
and WNC OF ORLANDO LLC; for damages and injunctive relief,
and, in support hereof, states:
SUBJECT-MATTER JURISDICTION
1. This is an action for copyright infringement
pursuant to 17 U.S.C. 101, et seq., in which Plaintiffs
seek recovery of costs, damages and injunctive relief for
Defendants copyright infringement.
2. Subject-matter jurisdiction herein is proper as this
matter arises under the United States Copyright Act, 17 U.S.C.
101 et seq.
PARTIES, PERSONAL JURISDICTION, AND VENUE
3. Plaintiff MEGAN DUNCANSON is an individual residing
within the Middle District of Florida.
4. Plaintiff SHERI MARIE WISEMAN is an individual
residing in Utah.
5. The Wine and Canvas business is a franchise
business, and Defendants are all related in some way in that
they all utilize the Wine and Canvas brand. However, some
confusion exists as to exactly who does what, which gives way
to a shell game of the involved individuals and entities.
6. Defendants WINE & CANVAS DEVELOPMENT, LLC and WINE

AND CANVAS IP HOLDINGS LLC are related entities. They are
both Indiana companies with their headquarters in Indiana.
Both these entities have made a claim to the Wine and Canvas
brand,
1
and both appear to operate the business model known as
Wine and Canvas business.
2
The Wine and Canvas business
extends throughout 41 or more geographical locations, as well
as mobile locations. At least five of these geographic
locations are within Florida, and four of those within the
Middle District of Florida, at (a) Fort Myers/Naples,
(b) Jacksonville, (c) Orlando, (d) Tampa / St. Pete /
Clearwater, and (e) Fort Lauderdale / Palm Beach.
7. Defendants ANTHONY SCOTT and TAMARA SCOTT a/k/a
TAMARA MCCRACKEN are a husband-and-wife-duo who, together,
founded the Wine and Canvas business model.
3
Both individuals

1
A search under the United States Patent and Trademark Office reveals that
the Word Mark WINE AND CANVAS (Reg. No. 4,398,849) is registered to
Defendant WINE AND CANVAS DEVELOPMENT LLC [DBA WINE AND CANVAS LIMITED
LIABILITY COMPANY]. However, in an Affidavit, Defendant ANTHONY SCOTT
says it is registered to WINE AND CANVAS IP HOLDINGS LLC (Doc. 28-1 1).
2
In a lawsuit filed in Indiana State Court by WINE & CANVAS DEVELOPMENT,
LLC on or about February 21, 2013, that party alleged that it, WINE &
CANVAS DEVELOPMENT, LLC, owned the brand and business model; however, in
an Affidavit (Doc. 28-1), Defendant ANTHONY SCOTT states that WINE AND
CANVAS IP HOLDINGS LLC owns the brand and business model.
3
E.g., Heidi Prescott, Market Basket: New Wine & Canvas business offers a
creative night out SouthBendTribune (Aug. 9, 2012),
http://articles.southbendtribune.com/2012-08-09/news/33123773_1_blank-
canvas-market-basket-creative-night ([Tamara] Scott and her husband,
Tony, co-founded the Wine & Canvas business in 2010 in Indianapolis. The

reside in Indiana and both are owners of WINE & CANVAS
DEVELOPMENT, LLC and WINE AND CANVAS IP HOLDINGS LLC.
8. In addition to being an owner of both WINE & CANVAS
DEVELOPMENT, LLC and WINE AND CANVAS IP HOLDINGS LLC,
Defendant ANTHONY SCOTT is an LLC Manager of at least two (and
possibly more) Wine and Canvas franchisees located within the
state of Florida: WNC OF ORLANDO, LLC and WNC OF TAMPA LLC,
both of which conduct business within the Middle District of
Florida.
9. The Wine and Canvas brand is marketed through a
website, www.wineandcanvas.com, which is published nationwide,
including in Florida, for customers and potential customers of
all Wine and Canvas locations, including those in Florida and
the Middle District of Florida.
10. The exact entity that owns the www.wineandcanvas.com
website is somewhat confusing. A WHOIS search
4
result reveals
the domain to be registered to Tamara McCracken (who appears
to be Defendant TAMARA SCOTT a/k/a TAMARA MCCRACKEN) of Wine
and Canvas (which could be either Defendant WINE & CANVAS
DEVELOPMENT, LLC; Defendant WINE AND CANVAS IP HOLDINGS LLC;

couple currently offers locations in 14 cities from Los Angeles to
Cleveland.)
4
http://who.godaddy.com/whoisstd.aspx?domain=wineandcanvas.com&prog_id=GoDa
ddy&k=DgHTqCRTcP7BUwGPVjg7jPRAvIxuiBvmYx8OP%2f4+cE1Rl6Tzuors5GdJWqYZGPGA

or another entity) at address 220 Surrey Hill Ct Apt 5,
Carmel, Indiana 46032, but shows the Registrant Email to be
asctt3@gmail.com, which appears to be for Defendant ANTHONY
SCOTT. However, Defendant ANTHONY SCOTT stated in an
Affidavit that Defendant WINE AND CANVAS IP HOLDINGS LLC owns
the website (Doc. 28-1 at 5).
11. Defendants SARAH MARIE WATHEN and JOSHUA MICHAEL
WATHEN, jointly, D/B/A WINE AND CANVAS, are individuals
residing in Jacksonville, Florida, who own the Florida-
registered fictitious name WINE AND CANVAS, which has been a
registered fictitious name in Florida since October 24, 2012
(State of Florida Filing Registration No. G12000103611).
Defendants SARAH MARIE WATHEN and JOSHUA MICHAEL WATHEN are
also LLC Managers of Defendant WNC OF JACKSONVILLE, LLC.
12. Defendant WNC OF JACKSONVILLE, LLC is foreign
limited liability company that operates, conducts, engages in,
and carries on its business in the State of Florida;
furthermore, its LLC managers, Defendants SARAH MARIE WATHEN
and JOSHUA MICHAEL WATHEN, reside in Florida. The company has
been registered with the Florida Secretary of State since
April 4, 2014.
13. Defendant SJ WATHEN BLOOMINGTON LLC F/K/A WINE AND
CANVAS BLOOMINGTON LLC is a limited liability company located

in Indiana; it has availed itself to the personal jurisdiction
of the state of Florida by (a) operating, conducting, or
engaging in, or carrying on business within this state or
having an office or agency in this state, in that its
owner(s)/officer(s), including Defendant SARAH MARIE WATHEN,
reside in this state and engage in company operations herein;
(b) using the World Wide Web to post images onto Internet
websites which infringe Plaintiffs copyrights, which
infringing images are accessible in Florida and accessed in
Florida; and/or (c) engaging in substantial and not isolated
activity within Florida.
14. Defendant YABOO LLC D/B/A WINE AND CANVAS is a
Florida Limited Liability company with its principal place of
business in Fort Myers, Florida, which is within the Middle
District of Florida. YABOO LLC operates Wine and Canvas
events in the Fort Myers area (and potentially in other
areas).
15. Defendant WNC OF ORLANDO LLC is a foreign
corporation whose principal place of business is located in
Orlando, Orange County, within the Middle District of Florida.

FACTUAL ALLEGATIONS
Plaintiff Artists & the Subject Works
16. Plaintiffs both are visual artists.
17. Ms. Duncanson is the owner of multiple original
visual works. A prolific artist who makes a living off her
artwork, she sells quality prints of her works via art.com and
artistrising.com, which displays authorized images of her work
so customers can purchase the prints. She has also sold
prints through the website Etsy.
18. Ms. Duncan has registered her ownership of each of
the following works with the United States Copyright Office:
Title of Work Registration No. Effective Date of Regist.
Bubbling Joy Collection VA 1-860-451 March 2, 2013
Fine Wine VA 1-872-069 August 13, 2013
Spring Shine VA 1-872-068 August 9, 2013
Twisting Love 2007 VA 1-872-086 August 13, 2013
Twisting Love 2011 VA 1-872-071 August 9, 2013
Birds of a Feather VA 1-872-072 August 14, 2013
Ms. Duncan registered the following two other works as part of
a collection titled Published Paintings 2006:

Tropical Energy VA0001860474 January 1, 2006
Blue Depth VA0001860474 January 1, 2006
19. Ms. Wiseman is the owner of various visual works,
including the painting Red Bonsai Rain, which she has sold
through the website Etsy. Ms. Wiseman has registered said
ownership with the United States Copyright Office:
Red Bonsai Rain VAu 1-141-493 August 13, 2013
20. Pursuant to the United States copyright laws, Ms.
Duncanson and Ms. Wiseman obtained copyright registrations for
all of the above-mentioned works, which, shall be referred to
herein collectively as the Subject Works.
21. True and correct copies of the certificates of
registration or registration information for the Subject Works
are attached hereto as Exhibits.
The Wine and Canvas Franchise
22. Defendants ANTHONY SCOTT and TAMARA SCOTT a/k/a
TAMARA MCCRACKEN created the Wine and Canvas brand, and they
created companies WINE & CANVAS DEVELOPMENT, LLC and WINE AND
CANVAS IP HOLDINGS LLC for the purpose of growing and

expanding this business.
23. Essentially, WINE & CANVAS DEVELOPMENT, LLC or WINE
AND CANVAS IP HOLDINGS LLC, or, in any event, the Wine and
Canvas business model created by ANTHONY SCOTT and TAMARA
SCOTT a/k/a TAMARA MCCRACKEN, is a franchisor (collectively,
all these Defendants are referred to hereinafter as the Wine
and Canvas Franchisors), and the other Defendants are their
Franchisees.
24. The Wine and Canvas Franchisors license their brand
name and business concept to third parties, including other
Defendants, who also operate businesses under the Wine and
Canvas brand name.
25. The Wine and Canvas Franchisors provide the other
Defendants (Franchisees) with advertising, know-how,
services, and other benefits for the purpose of running the
businesses.
The Wine & Canvas Paint Parties
26. All Defendants are engaged in a business of
operating paint parties.
27. For each paint party, Defendants invite guests to
take a painting class while enjoying cocktails.

28. A class can have as many as 100 students.
5

29. To sign up for a paint party at any Wine and Canvas
location or for any Defendant, customers (students) visit
www.wineandcanvas.com.
30. As the website explains, students choose their city
and select a painting from the online calendar. Then, through
the website, they each pay a fee, usually about $35, and they
are supplied a blank canvas and paints, plus the use of
brushes, easel, and an apron.
31. Each paint party is a new class where an artist
instructs Defendants students step-by-step, through re-
creating a visual paint-on-canvas work of art so each student
can take home his or her own self-painted work of art, which
is a reproduction of an original work of art (or of a
derivative work of an original work).
32. During each painting class, students receive
detailed instruction, guidance, coaching, and encouragement by
Defendant(s).

5
A Toast for the Arts, BALLBEARINGS (Sept. 24, 2012) (Video)
http://ballbearingsmag.com/2012/09/a-toast-for-the-arts/#.Uzh3Dq1dWTI
(Showing Wine and Canvas Development LLC founder Tamra Scott saying, One
of the best things of being an instructor here is at the end of the night
when you have 70 people in this room and we do a big group photo and they
all hold their pictures up at the end with their masterpieces that they
created . . . that is the coolest.)


Acts of Infringement (Prior to Lawsuit)
33. Defendants acts of infringement are on such a
massive, widespread scale that the actual number of
infringements is unknown, and it is impracticable or
impossible to detail all such acts in one complaint.
34. In fact, as a result of the fact that Defendants
cause the making of reproductions of reproductions of
reproductions of reproductions, the sheer number of
infringements, which are estimated to be in the thousands,
occur in an almost Droste-effect, recursive manner.
35. The copies are not exact duplications. Rather,
because they are all repainted, most have with slight
alterations of the original. However, all reproductions are
substantially similar enough to be recognizable.
36. By way of an example, images of a few of the
multiple acts of infringement that have occurred for each of
the above-listed Subject Works have been attached hereto as
Exhibits.
37. Prior to each class that involves infringements of
Plaintiffs work, Defendant(s) place an unauthorized
reproduction of one the Subject Works on its/their website
calendar located at www.wineandcanvas.com in an effort to
advertise the upcoming class.

38. When they publish a copy (or a derivative copy) of a
Subject Work, Defendants represent to the public that it is an
authorized copy created by an artist hired by Wine and Canvas
Development LLC or other Defendant.
39. In some cases, the Wine and Canvas Franchisors
Wine and Canvas branding is so strong and controlling that
Defendants or the Franchisees credit the author of the
painting as the Wine and Canvas brand itself.
40. As also explained above, when a Wine and Canvas
painting class event takes place, students, who pay a fee to
Defendant(s)
6
join in the class, are encouraged by Defendants
to make an unauthorized reproduction of Defendants
unauthorized reproduction. Each individual event results in
30-100 unauthorized painted reproductions or derivative works,
with each such reproduction being an individual act of
infringement by a different individual.
41. After some but not all classes, the Defendant who
hosted the class takes photographs (thereby making even more
unauthorized reproductions) of these students paintings,
which that Defendant posts to its Facebook pages. These

6
It is uncertain at the time of filing exactly how the fee is split among
the Defendants, or if it is split at all. However, generally the
Defendant that is hosting the class will receive the fee. That defendant
may provide a percentage or portion to the Wine and Canvas Franchisors, or
they benefits in another, indirect way.

copies, upon information and belief, are copied or shared
again by Facebook fans or friends.
42. After the making the newly unauthorized
reproduction, each student takes home his or her unauthorized
reproduction or derivative work. Many such students make
further and new infringements by taking photographs (i.e. new
unauthorized derivative works) of the paintings and sharing
the photos via social media, such as Instagram, or blogs.
7

43. During at least some of the classes, the Wine and
Canvas Franchisees and other of the Wine and Canvas
Franchisors licensees, for the purposes of promoting their
own businesses and the Wine and Canvas brand, take photographs
of the students while the students are painting the
unauthorized reproductions and derivative works, thereby
creating additional unauthorized reproductions of the
unauthorized reproductions and/or derivative works. These
photographs are then copied (again without Plaintiffs
authorization) when they are posted to Defendants and
licensees websites or Facebook pages for the purposes of

7
E.g., on January 17, 2013, blogger Casey Rusell explained on her blog how
she had attended a Wine & Canvas event in Indianapolis, and enclosed
photos of her finished reproduction, which is (unbeknownst to her) an
unauthorized derivative work or reproduction of Ms. Duncans work Blue
Depth. See http://handmadebycj.blogspot.com/2013/01/wine-and-canvas.html

promoting the Wine and Canvas name and Defendants business.
44. Defendants multiple acts of infringement are
widespread and performed nationwide.
45. Defendants acts of infringement are so extensive
that they cannot even be all included in this legal complaint.
Because Defendants have collectively committed so many acts of
infringement, Plaintiffs will have to conduct discovery before
being able to correctly estimate exactly how many such acts of
infringement occurred. Therefore, while Plaintiffs have
identified all works believed to be infringed, Plaintiffs have
only listed some, but not all, acts of infringement, in this
amended complaint.
46. Defendants multiple, individual, and specific acts
of infringement include, but are not limited to the following:
a. On or about July 9, 2011, the Bloomington
location did a class where students painted
unauthorized reproductions or derivative works
of Twisting Love.
b. On or about October 23, 2011, the Columbus,
Ohio, location had a class where its students
painted unauthorized reproductions or
derivative works of Red Bonsai Rain.
c. On or about February 13, 2012, the Las Vegas,
Nevada location did a grand opening
8
class

8
The grand opening is the first class offered by a location. As what
appears to be part of the Wine and Canvas Franchisors business model, the
grand opening class of nearly every location, nationwide, features an

where the students painted unauthorized
reproductions or derivative works of Red Bonsai
Rain.
d. On or about April 2, 2012, the Los Angeles,
California, location had a grand opening
class where its students painted unauthorized
Rain.
e. On or about April 2, 2012, the San Diego,
California, location had a grand opening
class where its students painted unauthorized
Rain.
f. On or about May 23, 2012, the Minneapolis,
Minnesota, location had a grand opening class
where its students painted unauthorized
Rain.
g. On or about June 12, 2012, the Cincinnati
location did a grand opening course where the
students painted unauthorized reproductions or
h. In or about August 7, 2012, Wine and Canvas did
a course where about 40 students painted
of Ms. Wisemans Red Bonsai Rain.
9
This course
was filmed in a news video for the South Bend
Tribune.
10

unauthorized reproduction or derivative work of Ms. Wisemans Red Bonsai
Rain.
9
I Heidi Prescott, Market Basket: New Wine & Canvas business offers a
creative night out, S. Bend Trib. (Aug. 9, 2012), available at
http://articles.southbendtribune.com/2012-08-09/news/33123773_1_blank-
canvas-market-basket-creative-night
10
Video available at https://www.youtube.com/watch?v=CIzfj9gFbpA

i. On or about August 22, 2011, the Cleveland,
Ohio, location had a class where its students
j. On or about September 14, 2012, the
Indianapolis location taught a class where the
students painted unauthorized reproductions of
Ms. Duncansons Fine Wine.
k. On or about October 17, 2012, the Cincinnati
location did a class where the students painted
a unauthorized reproductions or derivative
works of Ms. Duncansons Bubbling Joy.
l. On or about October 27, 2012, the Indianapolis
location did a course where the students
m. On or about November 13, 2012, the
Jacksonville, Florida, location featured a
grand opening class where students painted
of Red Bonsai Rain.
n. On or about November 13, 2012, the South Bend
location did a sold-out course where the
derivative works of Tropical Energy.
o. On or about December 27, 2012, the South Bend
location did a sold-out course where the
derivative works of Tropical Energy.
p. On or about December 28, 2012, the Columbus,
Ohio, location of Wine and Canvas did a sold-
out course where the students painted
of Ms. Duncansons painting Blue Depth

(however, they called it Blue Winter). On or
about January 3, 2013, that location posted to
their Facebook page photographs of their
students unauthorized reproductions or
derivative works.
q. On or about January 16, 2013, the Louisville,
Kentucky, location did a grand opening class
where students painted unauthorized
Rain.
r. On or about January 16 or 20, 2013, the
Indianapolis location did a course where their
students painted an unauthorized reproduction,
or derivative work, in black and white, of Blue
Depth.
s. On or about January 25, 2013, the Los Angeles,
California, location did a class where students
t. On or about January 31, 2013, the Bloomington
location did a course where their students made
of Blue Depth (however, they called it Serene
Blue).
u. On or about February 5, 2013, the Sioux Falls,
South Dakota, location featured a grand
opening class where students painted
of Red Bonsai Rain.
v. On or about February 6, 2013, the Jacksonville,
Florida, location did a class where students
w. In February 2013, the calendar on the

wineandcanvas.com website was advertising an
upcoming class for February 7, 2013, in
Louisville, Kentucky, where the students would
be painting unauthorized reproductions or
derivative works of Bubbling Joy (or, as
Defendants call it, Glass Half Happy).
Knowledge and Willfulness
47. On or about February 7, 2013, Ms. Duncanson emailed
Defendant WINE & CANVAS DEVELOPMENT, LLC accusing it of
copyright infringement.
48. On or about February 7, 2013, Ms. Duncanson notified
Defendant WINE & CANVAS DEVELOPMENT, LLC on its Facebook page
that it had been copying and stealing artists work without
permission, recognition, or compensation.
49. Defendant WINE & CANVAS DEVELOPMENT, LLC failed and
refused to cease and desist its infringement and instead
accused Ms. Duncanson of lying.
50. After receiving these notices of infringement, acts
of infringement continued.
51. Defendants multiple, individual, and specific acts
of infringement include, but are not limited to the following,
all of which took place after WINE AND CANVAS DEVELOPMENT, LLC
received notice of the infringement:
x. On or about February 8, 2013, the Bloomington

unauthorized reproductions or derivative works of
Blue Depth.
y. On or about February 10, 2013, the Fort Myers,
Florida, location did a grand opening class
where their students painted unauthorized
Rain.
z. On or about February 11, 2013, the Chicago
location did a course where their students
painted unauthorized reproductions of a
derivative work of Twisting Love.
aa. On or about February 21, 2013, the South Bend
Blue Depth (however, they called it Blue Winter).
bb. On or about March 13, 2013, the Grand Rapids,
Michigan, location had a grand opening class
Rain.
cc. On or about February 26, 2013, the South Bend,
Indiana, location did a course where their
students made unauthorized reproductions or
derivative works of Bubbling Joy (however, they
called it Glass Half Happy).
dd. On or about March 25, 2013, the San Francisco
Spring Shine.
ee. On or about April 24, 2013, the Jacksonville,
painted unauthorized reproductions or derivative
works of Red Bonsai Rain.
ff. On or about April 27, 2013 (or earlier), the

Sioux Falls, South Dakota, location did a course
where their students made unauthorized derivative
works of Bubbling Joy (however, they called it
Glass Half Happy).
gg. On or about June 6, 2013, the Fort Wayne,
Indiana, location did a class where students
works of Spring Shine.
hh. On or about June 14, 2013, the Fort Myers,
ii. On or about June 24, 2013, the San Francisco
Spring Shine.
jj. On or about June 25, 2013, the South Bend
location had its students paint unauthorized
reproductions or derivative works of Tropical
Energy.
kk. On or about June 27, 2013, the Indianapolis
location did a sold-out class where students
works of Twisting Love.
ll. On or about June 27, 2013, the Jacksonville,
mm. On or about July 10, 2013, the Fort Myers,
nn. On or about July 15, 2013, the Baltimore,
Maryland, location did a grand opening class

where students painted unauthorized reproductions
or derivative works of Red Bonsai Rain.
oo. On or about July 16, 2013, the Portland,
Oregon, location had a grand opening class
Rain.
pp. On or about July 17, 2013, the Charlotte, North
Carolina, location had a grand opening class
Rain.
qq. On or about July 25, 2013, the South Bend,
Indiana, had a class where its students painted
Tropical Energy.
rr. On or about August 10, 2013, the San Francisco
location did a sold-out class where students
works of Spring Shine.
ss. On or about August 19, 2013, the Toledo, Ohio,
location had a grand opening class where its
derivative works of Red Bonsai Rain. Below is one
of the students showing his derivative work.
tt. On or about September 4, 2013, the Orlando,
uu. On or about September 4, 2013, the Columbus
location had its students paint unauthorized
reproductions or derivative works of Tropical
Energy.
vv. On or about September 16, 2013, the Kalamazoo,

Michigan, location did a class where students
ww. On or about September 24, 2013, the Detroit,
Michigan, location advertised an unauthorized
reproduction or derivative work of Red Bonsai
Rain in anticipation of its grand opening.
xx. On or about October 1, 2013, the Odessa, Texas,
unauthorized reproductions of a derivative work
of Red Bonsai Rain.
yy. On or about November 22, 2013, the South Bend
location did a course where students painted
unauthorized reproductions of a derivative work
of Twisting Love.
zz. On March 6, 2014, the South Bend location did a
course in Indiana where students painted
Ms. Wisemans Red Bonsai Rain.
aaa. On March 14, 2014, the Orlando location did a
course at the Windermere Country Club in
Windermere, FL 34786 where an unknown number of
derivative works of Ms. Wisemans Red Bonsai
Rain.
bbb. On March 16, 2014, the North Chicago location
did a course where an unknown number of students
works of Ms. Wisemans Red Bonsai Rain, which
they called Red Tree.
ccc. On March 27, 2014, the South Chicago location
had a grand opening class, wherein students
posted an unauthorized reproduction or derivative
work of Ms. Wisemans Red Bonsai Rain.

ddd. On March 30, 2014, the Indianapolis location
did private birthday events where an unknown
number of students painted unauthorized
reproductions or derivative works of Ms.
Wisemans Red Bonsai Rain.
Unauthorized Public Displays of Reproductions
52. In addition to the painting classes, several Wine
and Canvas locations publicly displayed copies of the
infringements in their art studios. Not only is each
painting, as it hangs on the wall, an infringement, but the
photos themselves, published on the Wine and Canvas public
Facebook page(s), are another infringements. For example:
a. The below photo, posted to the Indianapolis
locations Facebook page on or about September
2, 2012, shows Ms. Duncansons Fine Wine on the
wall:

b. The below photo, dated July 16, 2013, of the

Fort Wayne location, shows both Red Bonsai Rain
and Bubbling Joy (each circled) on the wall.

c. On or about August 8, 2013, the Fort Wayne,
Indiana, location posted an image to its
Facebook page showing that the studio had been
publicly displaying an unauthorized
reproduction or derivative work of Spring
Shine. (See below, with painting circled.)


Acts of Infringement AFTER Lawsuit
53. On May 5, 2014, the complaint in the instant lawsuit
was filed.
54. Even after this lawsuit was filed, acts of copyright
infringement occurred; furthermore, others appear to be
planned.
55. On or about June 14, 2014, the Indianapolis location
posted an image to its Facebook page showing that the studio
was publicly displaying an unauthorized reproduction or
derivative work of Red Bonsai Rain.

56. On or about June 17, 2014, the Indianapolis location
had a class where students painted images or derivative works
of Red Bonsai Rain.

57. On or about July 3, 2014, the Fort Wayne, Indiana,
location had a class that featured an unauthorized
reproduction or derivative of Ms. Duncansons Spring Shine.
58. As of July 8, 2014, the Los Angeles location was
showing a copy of Ms. Wisemans Red Bonsai Rain on the first
page of its section of the Wineandcanvas.com website.
59. At the time of the filing of this document (July 18,
2014), the Indianapolis location has, on its website
calendar,
11
a class scheduled for July 24, 2014, to paint a
derivative copy of Ms. Duncansons Birds of a Feather visual
artwork. Below, at left, is a copy of Ms. Duncansons Birds
of a Feather; at right is the version offered in Indianapolis,
which the Wine and Canvas Franchisors have titled Seven Birds:

60. Defendants have also used an image they have been
calling Red, Red, Wine, which is so confusingly similar to Ms.

11
https://www.wineandcanvas.com/wine-and-canvas-calendar-indianapolis-
in.html

Duncansons Fine Wine as to infringe it, and it is the
featured piece of artwork scheduled for July 23, 2014, class
at the Fort Wayne, Indiana, location.
61. All prerequisites to filing this action have been
met, or Defendants have waived them.
62. Plaintiffs have incurred attorney fees and costs in
the prosecution of this action.
COUNT I: DIRECT COPYRIGHT INFRINGEMENT

63. Plaintiffs, MEGAN AROON DUNCANSON and SHERI MARIE
WISEMAN, restate Paragraphs 1 through 60 as if fully plead
herein.
64. Plaintiffs are the owners of the Subject Works as
shown in more detail above, and as shown in the proof of
registration attached hereto.
65. Without authorization, on various dates from 2011
through to the present, Defendants have made multiple
individual and specific acts of infringement in which they
copied constituent elements of the Subject Works that are
original.
66. Defendants had knowledge that their conduct
represented infringement or recklessly disregarded possibility
of infringement.

67. After receiving notice from the copyright owner,
Defendants both (a) continued to publish and distribute
existing infringements, including those photographs posted on
Defendants Facebook pages, and (b) made new and additional
acts of infringements by hosting new wine and canvas classes
after receiving notice, then taking photographs (further
unauthorized derivative works) of those said infringements.
68. Although Plaintiffs are seeking actual damages and
profits herein, they each individually reserve the right to
elect to recover an award of statutory damages for all
infringements involved in the action pursuant to 17 U.S.C.
504.
WHEREFORE, Plaintiffs pray for judgment in their favor
and against Defendants, WINE & CANVAS DEVELOPMENT, LLC; WINE
AND CANVAS IP HOLDINGS LLC; ANTHONY SCOTT, individually;
TAMARA SCOTT a/k/a TAMARA MCCRACKEN, individually; WNC OF
JACKSONVILLE, LLC; SARAH MARIE WATHEN and JOSHUA MICHAEL
WATHEN, jointly, D/B/A WINE AND CANVAS, and individually; SJ
WATHEN BLOOMINGTON LLC F/K/A WINE AND CANVAS BLOOMINGTON LLC;
YABOO LLC D/B/A WINE AND CANVAS; and WNC OF ORLANDO LLC,
jointly an severally, as follows:
a. For an order, pursuant to 17 U.S.C.A. 502,
temporarily enjoining the Defendants until the

this action is resolved, from infringing,
inducing infringement of, and contributing to
the infringement of Plaintiffs copyrighted
works;
b. For an order, pursuant to 17 U.S.C.A. 502,
permanently enjoining Defendants, including
their agents, officers, employees, assigns,
subsidiaries, and others acting in concert with
them, from infringing, inducing infringement
of, and contributing to the infringement of
Plaintiffs copyrighted works;
c. An award, pursuant to 17 U.S.C.A. 504(b), of
actual damages suffered by Plaintiffs as a
result of the infringements, and any profits of
the infringer that are attributable to the
infringement and are not taken into account in
computing the actual damages.
d. Recovery of full costs, including an award of
reasonable attorney fees, pursuant to 17
U.S.C.A. 505.
e. For prejudgment and post-judgment interest on
the damages awarded; and
f. For such other and further relief as this Court
may deem equitable.
COUNT II: CONTRIBUTORY COPYRIGHT INFRINGEMENT

WISEMAN, restate Paragraphs 1 through 60 as if fully plead
herein.
shown in more detail above and as in Exhibit 1.

71. Without authorization, Defendants have on multiple
and different occasions contributed to the copying of
constituent elements of the Subject Works that are original.
72. These multiple acts of infringement occurred as a
result Defendants intentional inducement or encouragement of
the infringement made by students and/or teachers in
Defendants painting classes.
73. For each act of infringement, Defendant(s) either
had knowledge that their conduct represented infringement or
recklessly disregarded possibility of infringement.
74. Even after receiving notice from the copyright
owner(s), Defendant(s) engaged in further acts of contributory
infringement.
profits herein, they reserve the right to elect to recover an
award of statutory damages for all infringements involved in
the action pursuant to 17 U.S.C. 504.
and against the Defendants, WINE & CANVAS DEVELOPMENT, LLC;
WINE AND CANVAS IP HOLDINGS LLC; ANTHONY SCOTT, individually;
TAMARA SCOTT a/k/a TAMARA MCCRACKEN, individually; WNC OF
JACKSONVILLE, LLC; SARAH MARIE WATHEN and JOSHUA MICHAEL
WATHEN, jointly, D/B/A WINE AND CANVAS, and individually; SJ

WATHEN BLOOMINGTON LLC F/K/A WINE AND CANVAS BLOOMINGTON LLC;
YABOO LLC D/B/A WINE AND CANVAS; and WNC OF ORLANDO LLC,
jointly and severally, as follows:
temporarily enjoining Defendants until the this
action is resolved, from infringing, inducing
infringement of, and contributing to the
infringement of Plaintiffs copyrighted works;
permanently enjoining Defendants, including
their agents, officers, employees, assigns,
subsidiaries, and others acting in concert with
them, from infringing, inducing infringement
of, and contributing to the infringement of
Plaintiffs copyrighted works;
U.S.C.A. 505.
may deem equitable.

COUNT III: VICARIOUS COPYRIGHT INFRINGEMENT
AGAINST WINE & CANVAS DEVELOPMENT, LLC; WINE AND CANVAS IP
HOLDINGS, LLC; ANTHONY SCOTT; TAMARA SCOTT a/k/a TAMARA
MCCRACKEN; SARAH MARIE WATHEN; and JOSHUA MICHAEL WATHEN
WISEMAN, restate and replead Paragraphs 1 through 60 as if
fully plead herein.
shown in more detail above and as in Exhibit 1.
78. Without authorization, Defendants WINE & CANVAS
DEVELOPMENT, LLC; WINE AND CANVAS IP HOLDINGS, LLC; ANTHONY
SCOTT; TAMARA SCOTT a/k/a TAMARA MCCRACKEN; SARAH MARIE
WATHEN; and JOSHUA MICHAEL WATHEN (herein this Count,
cumulatively, These Defendants) have vicariously infringed
Plaintiffs copyrights by profiting directly or receiving
financial benefit from the copying of constituent elements of
Plaintiffs works that are original, when such infringement
was performed by the These Defendants licensees and
franchisees throughout the country.
79. These Defendants have, and at all times relevant
herein had, the right and ability to supervise the unlicensed
copying, reproduction, and display of copyrighted work by
their franchisees, who utilized their www.WineAndCanvas.com
website to publish images of the paintings the franchisees

intended to use for their Wine and Canvas paint-party classes.
80. Furthermore, upon information and belief, These
Defendants have encouraged and/or instructed their licensees
and franchisees, throughout the country, to infringe
Plaintiffs work. For instance, an overwhelming number of the
franchisees or licensees use an unauthorized derivative
painting of Red Bonsai Rain for their very first, grand
opening class. Furthermore, the locations all use the same
pieces of artwork for their classes.
81. These Defendants had an obvious and direct financial
interest in the franchisees or licensees unlicensed copying,
reproduction, and display of Plaintiffs works.
82. Even after receiving notice from the copyright
owner(s), These Defendants engage in additional and further
acts of vicarious infringement.
profits herein, they each reserve the right to elect to
recover an award of statutory damages for all infringements
involved in the action pursuant to 17 U.S.C. 504.
and against Defendants WINE & CANVAS DEVELOPMENT, LLC; WINE
AND CANVAS IP HOLDINGS, LLC; ANTHONY SCOTT; TAMARA SCOTT a/k/a
TAMARA MCCRACKEN; SARAH MARIE WATHEN; and JOSHUA MICHAEL

WATHEN as follows:
temporarily enjoining These Defendants until
the this action is resolved, from infringing,
inducing infringement of, and contributing to
the infringement of Plaintiffs copyrighted
works;
permanently enjoining These Defendants,
including their agents, officers, employees,
assigns, subsidiaries, and others acting in
concert with them, from infringing, inducing
infringement of, and contributing to the
infringement of Plaintiffs copyrighted works;
U.S.C.A. 505.
may deem equitable.

JURY DEMAND
Plaintiffs request a jury trial on all issues so triable.


CERTIFICATE OF SERVICE
I hereby certify that on July 18, 2014, I filed
electronically the foregoing with the Clerk of the Court via
CM/ECF system which will notify all persons authorized to
receive notices of electronic filing.
Respectfully submitted by Attorney for Plaintiffs,
Cynthia Conlin, P.A.
1643 Hillcrest Street
Orlando, FL 32803
Tel. 407-965-5519/Fax 407-545-4397
www.ConlinPA.com

/s/ Cynthia Conlin, Esq.
CYNTHIA CONLIN, ESQ.
Florida Bar No. 47012
Email 1: cynthia@cynthiaconlin.com
Email 2: jeff@cynthiaconlin.com

36 Amended Complaint Against Wine and Canvas Development LLC Et Al

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THE UNITED STATES DISTRICT COURT

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