JS 44C/SDNY

REV. 4/2014

JUDGE MARRERO

** 'jr- --.

civil cover sheet

The JS-44 civil coversheet andthe information contained herei

splace nofsuppwient the

pleadings orother papers asrequired bylaw, except as providi

'lies ofcaVnjim form, a|

Judicial Conference ofthe United States inSeptember 1974 I

use of theTlenc of Court

initiatingthe civil docket sheet.

PUINTIFFS

DEFENDANTS

Fairchild Publishing, LLC, a Delaware limited liability company

Fashion Snoops, Inc., a New Jersey corporation; and Does 1-10, inclusive

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER

ATTORNEYS (IF KNOWN)

Lawrence E. Fabian, Esq. andStephanie Seto, Esq., Law Offices of

Lawrence E. Fabian, 437 Fifth Avenue, Suite 801, New York, New York

MAR 2 5

10016 [Phone: 212-644-8096]

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSB
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

Copyright infringement under the CopyrightAct of 1976,17 U.S.C. 101 et seq.

Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time? NdH/esQudge Previously Assigned
If yes, was this case Vol. Invol.

Dismissed. No Yes

ISTHIS ANINTERNATIONAL ARBITRATION CASE?

No

(PLACE AN[x]INONE BOXONLY)

If yes, give date

Yes
NATURE OF SUIT

TORTS

CONTRACT

U110
1)120
11130
1)140
N150

MARINE

MILLER ACT
NEGOTIABLE
INSTRUMENT
RECOVERY OF
OVERPAYMENT*
ENFORCEMENT

MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS

(EXCLVETERANS)
1)153

RECOVERY OF
OVERPAYMENT

OF VETERAN'S
BENEFITS

[ 1160

PERSONAL INJURY

[ 1367 HEALTHCARE/

OFJUDGMENT

I 1151
11152

ACTIONS UNDER STATUTES

PERSONAL INJURY

INSURANCE

( ] 310 AIRPLANE
( ] 315 AIRPLANE PRODUCT
LIABILITY

[ ] 320 ASSAULT, LIBEL &

SLANDER

[ 1330 FEDERAL
EMPLOYERS'

11195

[ 1368 ASBESTOS PERSONAL II8800"*

( 1340 MARINE
I ) 345 MARINE PRODUCT
LIABILITY

( J350 MOTOR VEHICLE

[ ) 355 MOTOR VEHICLE

[ ] 362 PERSONAL INJURY MED MALPRACTICE

STOCKHOLDERS

PROPERTY DAMAGE

t ] 385 PROPERTY DAMAGE

[ 1463 ALIEN DETAINEE

[ ] 510 MOTIONS TO
VACATE SENTENCE

28 USC 2255

I ] 530 HABEAS CORPUS

| j 535 DEATH PENALTY

REAL PROPERTY

[1210
[ ]220

( 1230

I 1240
1)245
11290

LAND
CONDEMNATION
FORECLOSURE
RENT LEASES
EJECTMENT
TORTS TO LAND
TORT PRODUCT
LIABIUTY
ALL OTHER
REAL PROPERTY

1)440 OTHER CIVIL RIGHTS | ] 540 MANDAMUS & OTHER

(Non-Prisoner)
[ ) 441 VOTING
[ ) 442 EMPLOYMENT
[ ]443 HOUSING/
ACCOMMODATIONS

[ ] 445 AMERICANS WITH

DISABILITIESEMPLOYMENT
[ ] 446 AMERICANS WITH

28 USC 157

[ 1710 FAIR LABOR

REAPPORTIONMENT

[
[
[
[
[

]410 ANTITRUST
1430 BANKS & BANKING
] 450 COMMERCE
1460 DEPORTATION
J 470 RACKETEER INFLU
ORGANIZATION ACT

(RICO)
( ) 480 CONSUMER CREDIT
[ ) 490 CABLE/SATELLITE TV
[ ) 850 SECURITIES/

STANDARDS ACT

[ )861 HIA(1395fl)
[ ] 862 BLACK LUNG (923)
[ ] 863 DIWC/DIWW (405(g))

[ I 751 FAMILY MEDICAL

LEAVE ACT (FMLA)

[ )790 OTHER LABOR
LITIGATION

[ 1791 EMPL RET INC

SECURITY ACT

PRISONER CIVIL RIGHTS

( ] 462 NATURALIZATION
APPLICATION

[ ] 555 PRISON CONDITION

[ ] 465 OTHER IMMIGRATION
[ ] 560 CIVIL DETAINEE
ACTIONS
CONDITIONS OF CONFINEMENT

EXCHANGE

[ ) 864 SSID TITLE XVI

[ ] 865 RSI (405(a))

RELATIONS
[ I 740 RAILWAY LABOR ACT

IMMIGRATION

[ ] 550 CIVIL RIGHTS

J 375 FALSE CLAIMS

COMMODITIES/
LABOR

[ ] 720 LABOR/MGMT

ACTIONS UNDER STATUTES

[ )423 WITHDRAWAL

SOCIAL SECURITY

[ ] 380 OTHER PERSONAL

PRODUCT LIABILITY

CIVIL RIGHTS

28 USC 158

ENCED & CORRUPT

370 OTHER FRAUD

CONTRACT
PRODUCT
LIABIUTY

u 400 STATE

[X]820 COPYRIGHTS
I ] 830 PATENT
[ ) 840 TRADEMARK

n 371 TRUTH IN LENDING

PRISONER PETITIONS

CONTRACT

OTHER STATUTES

[ ) 422 APPEAL

PROPERTY RIGHTS

PERSONAL PROPERTY

PRODUCT LIABILITY
[ ] 360 OTHER PERSONAL
INJURY

BANKRUPTCY

INJURY PRODUCT
LIABILITY

LIABIUTY

OTHER

[ 1196 FRANCHISE

FORFEITURE/PENALTY

I1365 PERSONAL INJURY

""Sf.SS*6""
PRODUCT LIABILITY . .^o^Ir

surra

[J 190

_& Case No.

I 1890 OTHER STATUTORY

ACTIONS

[ ] 891 AGRICULTURAL ACTS

FEDERAL TAX SUITS

[ J870 TAXES (U.S. Plaintiffof

[ 1893 ENVIRONMENTAL

Dafendant)
[ 1871 IRS-THIRD PARTY

[ J 895 FREEDOM OF

MATTERS

26 USC 7609

INFORMATION ACT

[ ) 896 ARBITRATION
[ ] 699 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION

( ) 950 CONSTITUTIONALITY OF
STATE STATUTES

DISABILITIES -OTHER

[ 1448 EDUCATION

Check ifdemanded in complaint:

CHECK IF THIS IS A CLASS ACTION

UNDER FRCP. 23

DEMAND $_

OTHER

Check YES only ifdemanded incomplaint

JURY DEMAND: 0 YES QlO

D-Og^O^I^M THIS CASE IS RELATED TO ACIVIL CASE NOW PENDING IN S.D.N.Y.?

JUDGE.

DOCKET NUMBER

NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).

(PLACEAN xINONEBOXONLY)

ProOTedina

ORIGIN

LJ 2 Removed from

LJ 3 Remanded 4Reinstated or Q 5Transferred from 6 Multidistrict

State Court

from

I I 3. allpartjHrprai*nud

Reopened

(Specify District)

Litigation

7Appealto District
Judge from

Appellate

Magistrate Judge

Court

Judgment

l~1 b. Atleast one

party It pro se.

(PLACEAN x INONEBOXONLY)

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BASIS OF JURISDICTION

W\ U.S. PLAINTIFF D 2 U.S. DEFENDANT Q 3 FEDERAL QUESTION

s,.

IF DIVERSITY, INDICATE

4 DIVERSITY

CITIZENSHIP BELOW.

(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] in onebox for Plaintiff and onebox for Defendant)

CITIZEN OF THIS STATE

PTF

DEr

[]1 [,1

CITIZEN OF ANOTHER STATE |]2 (]2

PTF nFF

CmZEN OR SUBJECT OF A

[]3[f3

FOREIGN COUNTRY

INCORPORATED or PRINCIPAL PLACE []4[]4

INCORPORATED and PRINCIPAL PLACE

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OF BUSINESS IN ANOTHER STATE

FOREIGN NATION

MB r16

OF BUSINESS IN THIS STATE

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

Fairchild Publishing, LLC, 475 Fifth Avenue, New York, New York 10017 (County of New York)

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

Fashion Snoops, Inc., 39 West 38th Street, 8th Floor, New York, New York 10018 (County of New York)
Does 1-10, inclusive., 39 West 38th Street, 8th Floor, New York, New York 10018 (County of New York)
DEFENDANT(S) ADDRESS UNKNOWN
REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, IHAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN
RESIbENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Checkone:

THIS ACTION SHOULD BE ASSIGNED TO:

WHITE PLAINS

(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS
COMPLAINT.)

DATE

3/2<;m
ocrclDT

SIGNATURE OF ATTORNEY OF RECORD

0 MANHATTAN

ADMITTED TO PRACTICE IN THIS DISTRICT

^w^-<5:/^-^

mno
[*1 YES (DATE ADMITTED Mo.

Ktobir l *

Attorney Bar Code #-6251

Magistrate Judge is to be designated by the Clerk of the Court.

Magistrate Judge
Ruby J. Krajick, Clerk ofCourt by

Mij, ,_!,.- nuiki._l is so Designated.

Deputy Clerk, DATED

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

Yr. 1970

Lawrence E. Fabian, Esq. (6251)

Stephanie Seto, Esq. (5410)
LAW OFFICES OF LAWRENCE E. FABIAN

437 Fifth Avenue, Suite 801

New York, New York 10016

JUDGE MARRERO

Phone: 212-644-8096
Fax:212-644-4217

lfabian@lfabianlaw.com
Attorneys For PlaintiffFairchild Publish*
UNITED STATES DISTRICT COURT

IS CV 2263

SOUTHERN DISTRICT OF NEW YORK

FAIRCHILD PUBLISHING, LLC, a Delaware

Case No.

limited liability company,

_1 _

Plaintiff,

-againstFASHION SNOOPS, INC., a New Jersey corporation;

and DOES 1 through 10, inclusive,
Defendants.

COMPLAINT FOR COPYRIGHT INFRINGEMENT

Plaintiff Fairchild Publishing, LLC, doing business as Fairchild Fashion Media and

Women's Wear Daily ("WWD" or "Plaintiff), as and for its complaint hereby alleges as
follows:
INTRODUCTION

1.

In the Twenty-First Century, piracy has re-emerged on the world scene as

one of the greatest threats to private enterprise. Just as the seafaring pirates of old dedicated their
lives to robbery and pillaging, so too have the digital pirates of the modern era ravaged

legitimate businesses and the livelihoods of the dedicated professionals they employ. With a

simple click of a mouse and a "cut and paste" command, these digital pirates shamelessly steal
the work of others and pass it off as their own.

WWD is one of the leading fashion publications in the United States, and has

commanded respect in the fashion industry for over 100 years due to its in-depth articles and
exclusive interviews. WWD's crack team of journalists is regarded as second to none in the

industry. However, WWD's leading positionhas made it a target for digital pirates. This
unlawful behavior cannot stand. The ceaseless and flagrant thievery of WWD's exclusive,

copyrighted content has left WWD with no option but to fight back. Withthis action, WWD
takes the fight directly to the pirates.

Without properly attributingownership of fashion related content, pirates such as

Defendant Fashion Snoops and similarwebsites like "The Business of Fashion" and "Buro 24/7"
do nothing morethan monitor, copy and redirect viewers away from website owners that spend
significant resources to generate unique and proprietary industry content. Withoutthe court's
intervention, media companies, such as Plaintiff, are unable to realize the benefits from
substantial investment in developing original, innovative and ground breaking news stories.

Plaintiffs very existence is threatened by Defendants, whose entire business models are created

around depriving original content owners of the value of their resources. If the parasitic practice
of freeloading and stealing reporters' hard work and original copyrighted content is allowed to
continue, media companies will not be able to continue to provide the readership with
investigative news and information.

2.

Plaintiff owns and operates Women's Wear Daily ("WWD"), the daily

printpublication for fashion, retail and beauty commercial markets and communities and the
consumer media that covers those markets and communities.

3.

For more than 100 years WWD has been the daily media of record and

the industry voice of authority for senior executives in the global women's and men's fashion,
retail and beauty communities and the consumer media that cover the market.

4.

Often referred to as "the fashion bible," WWD provides timely, credible

business news and key fashion trends to a dedicated readership of retailers, designers,
manufacturers, marketers, financiers, Wall Street analysts, international moguls, media
executives, ad agencies, trend-makers and socialites.
5.

Websites such as Defendant Fashion Snoops, Inc.

(www.fashionsnoops360.com) ("Fashion Snoops") and others, such as "The Business of

Fashion" (www.businessoffashion.com) and "Buro 24/7" (www.buro247.com) are stealing and

reposting WWD's content without permission.

6.

Defendants' business model is based on stealing and unlawfully copying

proprietary WWD work. Others have noticed this disturbing trend in the fashion industry. The
German fashion publication Achtung Zeitschrift fur Mode recently commented: "Having looked

at [Business of Fashion's] editorial content over [a] several weeks, we realized nearly two thirds
of the contents are lifted off of other websites... as the site lures you to believe that you're

reading a Business of Fashion article when really what you're actually looking at are story
headlines blatantly lifted from Reuters, Bloomberg News, The New York Times or even WWD."
7.

WWD expends great resources to have the finest writers break innovative,

cutting-edge stories in the world of fashion.

8.

The WWD brand is largely defined and dictated by the value of its

originallycreated intellectual property. It is absolutely essential that intellectual property rights

and assets be mightily protected from thievery, such as that exhibited by Defendant Fashion
Snoops and companies operating under the same business model, including "The Business of
Fashion".

JURISDICTION AND VENUE

9.

This action asserts claims for copyright infringement under the Copyright

Act of 1976, 17 U.S.C. 101 et seq. (the "Copyright Act"). This Court has original subject

matter jurisdiction over this action under the Copyright Act and pursuant to 28 U.S.C. 1338(a)
and 28 U.S.C. 1331.

10.

This Court has personal jurisdiction over the Defendants because

Defendants conduct business in this judicial district, purposefully directs substantial activities at
the residents of New York by means of the website(s) described herein, the acts of infringement

complained of herein are believed to have occurred in this judicial district, and/or the Defendants
otherwise can be found in this judicial district. This Court also has personal jurisdiction over

Defendants under the applicable long-arm jurisdictional statutes of New York.

11.

Venue is proper in this Court pursuant to 28 U.S.C. 1391 because the

Defendants reside in this judicial district, the Defendants do business in this judicial district

and/or a substantial part of the events or omissions giving rise to the causes of action occurred in
this judicial district.

THE PARTIES

12.

Plaintiff Fairchild Publishing, LLC ("Plaintiff) is a Delaware limited

liability company organized and existing under the laws of the State of Delaware, registered and

doing business in the State of New York at its principal place of business at 475 Fifth Avenue,
New York, New York 10017.

13.

Plaintiff publishes the Women's Wear Daily, or "WWD", print publication

and owns and operates the WWD website (www.wwd.com).

14.

Plaintiff is qualified to do business as a foreign entity in the State of New

York and is the owner or authorized user of all copyrights for the content on WWD, including
the copyrighted materials at issue in this matter.
15.

On information and belief, Defendant Fashion Snoops, Inc., is a New

Jersey corporation, doing business in the State of New York as Fashion Snoops NY at 39 West

38th Street, 8th Floor, NewYork, New York, 10018.

16.

Plaintiff is informed and believes, and on that basis alleges, that

Defendants Does 1 through 10 (collectively "Doe Defendants"), inclusive, are corporations,

companies, partnerships, proprietorships, unincorporated associations, and/or individuals whose

identities and addresses are presently unknown to Plaintiff and are not presently capable of
ascertainment.

17.

Plaintiff is informed and believes, and on that basis alleges, that the Doe

Defendants assist, support, and participate withthe othernamed Defendants in copying,

publishing and posting the infringing content inviolation ofthe rights of Plaintiff, as more fully
alleged herein, and accordingly are or will be subject to the jurisdiction of this Court.
18.

Plaintiffwill amend its pleadings to allege the true identities of the Doe

Defendants when their respective identities are ascertained.

FACTS COMMON TO ALL CLAIMS FOR RELIEF

19.

Plaintiff Fairchild Publishing, LLC is a New York-based publishing

company which owns and publishes the Women's Wear Daily print publication and also owns
the WWD website (www.wwd.com).

20.

Defendants own and operate a website known as Fashion Snoops 360

(www.fashionsnoops360.com) ("Fashion Snoops"), and without permission or authorization

from Plaintiff are, on a regular basis, wholesale copying and displaying WWD stories and

reposting them onits website. The following represents a summary of certain articles posted on
WWD's website and subsequently copied and reposted by Fashion Snoops:

WWD

FashionSnoops360

Alexander Wang's Kickoff at Bergdorf

Alexander Wang's Kickoff at Bergdorf

Goodman

Goodman

http://www.wwd.com/retailnews/specialtv-stores/alexander-wangskickoff-at-bergdorf-goodman-8151678

http://fashionsnoops360.com/alexanderwangs-kickoff-at-bergdorf-goodman/

Copyright Registration Ref#

WWD

FashionSnoops360

1-2108642039

Dress Barn Sharpens Image, Adds

Designer Collaborations
http://www.wwd.com/retailnews/specialtv-stores/dress-barn-raises-

Dress Barn Sharpens Image, Adds Designer

the-bar-on-dresses-8149005

collaborations/

Collaborations

http://fashionsnoops360.com/dress-barnsharpens-image-adds-designer-

Copyright Registration Ref#

1-2108571732

Full World of Kors to Open in Ginza

http://www.wwd.com/retail-news/retailfeatures/full-world-of-kors-to-open-in-

Full World of Kors to Open in Ginza

http://fashionsnoops360.com/full-world-ofkors-to-open-in- ginza/

ginza-8134085

Copyright Registration Ref#

1-2108571817

Moschino Opens First U.S. Boutique in

Los Angeles
http://www.wwd.com/retailnews/designer-luxurv/moschino-opensfirst-us-boutique-in-los-angeles-8121238

Moschino Opens First U.S. Boutique in Los

Angeles
http://fashionsnoops360.com/moschinoopens-first-u-s-boutique-in-los-angeles/

Copyright Registration Ref#

1-2108571902

Macy's Latin Turn With Thalia

http://www.wwd.com/retailnews/people/macvs-latin-turn-with-thalia-

Macy's Latin Turn With Thalia

http://fashionsnoops360.com/macvs-latinturn-with-thalia/

8122155

Copyright Registration Ref#

1-2108571937
U.S Will Not Reinstate Trade Benefits for

U.S Will Not Reinstate Trade Benefits for

Bangladesh
http://www.wwd.com/businessnews/government-trade/us-will-notreinstate-trade-benefits-for-bangladesh-

Bangladesh
http://fashionsnoops360.com/u-s-will-notreinstate-trade-benefits-for-bangladesh/

8112545

Copyright Registration Ref#

WWD

FashionSnoops360

1-2108571972

Wet Seal Goes Bankrupt, Gets Financing

http://www.wwd.com/businessnews/financial/wet-seal-goes-bankruptgets-financing-8112108

Wet Seal Goes Bankrupt, Gets Financing

http://fashionsnoops360.com/wet-seal-goesbankrupt- gets-financing/

Copyright Registration Ref#

1-2108592352

FIT Museum to Honor Lauren Bacall

FIT Museum to Honor Lauren Bacall

http://www.wwd.com/fashion-

http://fashionsnoops360.com/fit-museum-

news/fashion-features/fit-museum-to-

to-honor-lauren-bacall/

honor-lauren-bacall-8108071

Copyright Registration Ref#

1-2108592477

EBay Unveils Retail Platform: All About

EBay Unveils Retail Platform: All About

Omni

Omni

http://www.wwd.com/medianews/digital/save-that-sale-ebay-unveilsplatform-8105937

http://fashionsnoops360.com/ebay-unveilsretail-platform-all-about-omni/

Copyright Registration Ref#

1-2108592543

Macy's to Close 14 Stores, Restructure

Macy's to Close 14 Stores, Restructure

Team

Team

http://www.wwd.com/retailnews/department-stores/macys-to-close-

close-14-stores-restructure-team/

http://fashionsnoops360.com/macys-to-

14-stores-restructure-team-8093631

Copyright Registration Ref#

1-2108641693

Target Links With Lilly Pulitzer

http://www.wwd.com/retail-news/massoff-price/target-links-with-lilly-pulitzer8091071

Copyright Registration Ref#

1-2108641758

Target Links With Lilly Pulitzer

http://fashionsnoops360.com/target-linkswith-lilly-pulitzer/

WWD

FashionSnoops360

Saban Brands Purchases Mambo

Saban Brands Purchases Mambo

http://www.wwd.com/businessnews/mergers-acquisitions/saban-brandspurchases-mambo-8089760

http://fashionsnoops360.com/saban-brandspurchases-mambo/

Copyright Registration Ref#

1-2108641974

Changes at NYFW: IMG to Buy Made,

Change Name
http://www.wwd.com/fashionnews/fashion-features/changes-at-nyfw-

Changes at NYFW: IMG to Buy Made,

Change Name
http://fashionsnoops360.com/changes-atnyfw-img-to-buy-made-change-name/

img-to-buv-made-8088600

Copyright Registration Ref#

1-2113148471

Digital Boom Kickstarts Holiday Delivery

Digital Boom Kickstarts Holiday Delivery

Rush

Rush

http://www.wwd.com/retail-news/directinternet-catalogue/digital-boom-kickstarts-

http://fashionsnoops360.com/digital-boomkickstarts-holiday-deliverv-rush/

deliverv-rush-8084633

Copyright Registration Ref#

1-2114158636

Hudson's Bay Names Gerald Storch CEO

http://www.wwd.com/businessnews/human-resources/hudsons-bay-

Hudson's Bay Names Gerald Storch CEO

http://fashionsnoops360.com/hudsons-baynames- gerald-storch-ceo/

names-storch-ceo-8079684

Copyright Registration Ref#

1-2108599562

21.

The above 15 articles containing original content, protected by copyright

owned by Plaintiff, and posted on Plaintiffs WWD website which is also owned by Plaintiff,
represent the "Copyrighted Materials" at issue in this matter.

22.

As the sheer breadth of the foregoing demonstrates, rather than engage in

true journalism, Defendants have instead monitored, copied and regurgitated word for word
WWD's hard-earned and created content.

23.

Upon information and belief, Defendants shamelessly steal WWD's

content no matter the story's size, and no matter how unique the posting and therefore have
engaged in the misconduct knowingly and in violation of the United Sates copyright laws.

COUNT I
COPYRIGHT INFRINGEMENT

(17 U.S.C. 501 et seq.)

(Against All Defendants)

24.

Plaintiff realleges and incorporates herein by reference paragraphs 1

through 23 as though fully set forth herein.

25

The Copyrighted Materials contain original content, created by

Plaintiff in which Plaintiff owns protectable copyright.

26.

Plaintiff is the sole and exclusive owner of all right, title, and

interest in and to the copyrights for the Copyrighted Materials. Prior to filing this complaint,

Plaintiff submitted fifteen applications to the United States Copyright Office to obtain copyrights
in the Copyrighted Materials (the "Copyrights").
27.

Plaintiff has invested significant time and money in building the WWD

name and reputation as a cutting edge publisher of fashion news and stories.

28.

Upon Information and belief, Defendants copied the Copyrighted

Materials verbatim.

29.

Defendants utilized the Copyrighted Materials as the framework for the

identical content on their website.

30.
verbatim.

In most instances, Defendants copied the Copyrighted Materials

31.

Upon information and belief, Defendants copying and posting

Copyrighted Materials is on websites that Defendants own and for which Defendants control/and

are responsible.
32.

On information and belief, the Defendants' websites are monetized in that

they contain paid advertisements and/or sell merchandise to the public and Defendants profit
from these activities.

33.

Without permission or authorization from Plaintiff, Defendants copied

and/or displayed Plaintiffs Copyrighted Materials as set forth in paragraph 20, thereby infringing
on Plaintiffs Copyrights herein collectively referred to as the "Infringements").
34.

As set forth in Paragraph 20, each listed Infringement contains the "URL"

("Uniform Resource Locator") for a fixed tangible medium of expression that was sufficiently
permanent or stable to permit it to be communicated for a period of more than transitory duration
and constitutes a specific item of infringement.
35.

On information and belief, Defendants were aware of facts or

circumstances from which it was apparent Defendants actions were unlawful copying of
Plaintiffs Copyrighted Materials.
36.

Upon information and belief, based on the totality of the circumstances,

Defendants cannot claim that they were not aware of the infringing activities, including the
specific Infringements which form the basis of this complaint, on Defendants' websites since

such claim would amount to willful blindness to the Infringements on the part of the Defendants.
37.

Upon information and belief, Defendants' actions were willful,

intentional, and purposeful in disregard of Plaintiffs Copyrights and Defendants engaged in the
Infringement(s) knowingly and in violation of applicable Copyright Law.
38.

Upon information and belief, Defendants have received a financial benefit

directly attributable to the Infringements. Specifically, by way of the Infringements, the

Defendants' websites had increased traffic to and, in return and increase in their advertising
revenues and/or merchandise sales.
10

39.

Upon information and belief, a large number of people have viewed the

unlawful copies of the Copyrighted Materials on the Defendants' websites.

40.

Upon information and belief, Defendants at all times had the ability to

stop the reproduction and display of the Copyrighted Materials.

41.

As a direct and proximate cause of Defendants' infringement of

Plaintiffs Copyrights and exclusive rights under the Copyright Act, Plaintiff has been
substantially harmed is entitled to damages and disgorgement of Defendants' profits pursuant to
17 U.S.C. 504(b) of the Copyright Act for each infringement.
42.

Alternatively, Plaintiff is entitled to the maximum statutory

damages pursuant to 17 U.S.C. 504(c) of the Copyright Act in the amount of $150,000 with
respect to each work infringed, or such other amounts as may be proper under 17 U.S.C.
504(b).
COUNT II
INJUNCTIVE RELIEF

(17 U.S.C. 502.)

(Against All Defendants)

43.

Plaintiff realleges and incorporates herein by reference paragraphs 1

through 42 as though fully set forth herein.

44.

Defendants' conduct is causing and, unless enjoined and restrained

by this Court, will continue to cause Plaintiff great and irreparable injury that cannot be fully
compensated or measured in money. Plaintiff has no adequate remedy at law.
45.

Pursuant to 17 U.S.C. 502 of the Copyright Act, Plaintiff is entitled to a

preliminary and permanent injunction prohibiting further infringement of Plaintiffs Copyrights.

11

COUNT III

ATTORNEYS FEES AND COSTS

(Attorneys Fees and Costs Pursuant to 17 U.S.C. 505)

(Against All Defendants)

46.

Plaintiff realleges and incorporates herein by reference paragraphs

1 through 45 as though fully set forth herein.

47.

Plaintiff requests, attorneys' fees and costs pursuant to 17 U.S.C. 505 of

the Copyright Act.

DEMAND FOR JURY TRIAL

Plaintiff demands a jury trial on all issues for which a jury may be impaneled in this
matter pursuant to Federal Rule of Procedure 38.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment in its favor and against Defendants, and each
of them, as follows:

1.

That the Court enter judgment finding Defendants have infringed directly,

contributorily as well as have induced others to violation of Plaintiffs rights to the Copyrighted
Materials in violation of 17 U.S.C. 501 et seq. and award damages and monetary relief as
follows:

a.

For actual damages for copyright infringement pursuant to 17 U.S.C.

504(a)(1) & (b) and for an accounting and disgorgement by Defendants to Plaintiff of all profits
derived by Defendants from their acts of copyright infringement and misappropriation and to

reimburse Plaintiff for all damages suffered by Plaintiff by reason of Defendants acts, pursuant
to 17 U.S.C. 504(a)(1) & (b), or in the alternative, for statutory damages for each and every
copyright infringement, including willful infringement, in accordance with 17 U.S.C. 504(a)(2)
& (c) in an amount of $150,000 per infringement;
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b.

For the entry of an injunction providing that Defendants, their officers,

agents, servants, employees, representatives, and attorneys, and all person in active concert or

participation with them, be permanently enjoined from designing, copying, reproducing,

displaying, promoting, advertising, distributing, misappropriating or selling, or any other form of
dealing or transaction in, any and all advertising and promotional materials, print, media, signs,
Internet web sites, or any other media, either now known or hereafter devised, bearing any

design or mark which infringe, contributorily infringe, or vicariously infringe upon Plaintiffs
rights in the Copyrighted Materials or any other copyrighted work of Plaintiff, whether now in
existence or later created pursuant to 17 U.S.C. 502;
c.
2.

For attorney's fees, costs and interest pursuant to 17 U.S.C. 505;

For any such other and further relief as the Court may deem just and appropriate.

Plaintiff hereby demands a jury trial.

Dated: March 25, 2015

New York, New York

Respectfully submitted,
LAW OFFICES OF LAWRENCE E. FABIAN

By: 'vC_x^

6\W^-

Lawrence E. Fabian, Esq. (6251)

Stephanie Seto, Esq. (5410)
437 FIFTH AVENUE, SUITE 801
NEW YORK, NEW YORK 10016-2205
Phone: 212-644-8096
Fax: 212-644-4217

lfabian@lfabianlaw.com
Attorneys For PlaintiffFairchild Publishing, LLC

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