vkt-v-vws-hawaii-part 1

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.


2/18

Activity

in

Case


Tylor

v.

Vermont Woods Studios,

LLC Set

Hearings

[email protected]

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


3/18


4/18

Case


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.

)

)

)

)

)

)


5/18

Case


Document

4-L

Filed 06/30/14

Page

1

of

1

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.


6/18

Case

1:14-cv-00298

Document

1

Frled

OGl27lL4

Page

1

of

15

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:

[email protected]

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.


7/18

Case

1:14-cv-00298

Document

1 Filed

OGl27lt4

Page

2

of 15

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


8/18


9/18

Case

1:14-cv-00298

Document

1

Flled

OGl27lI4

Page

4

of

15

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


10/18

Case

1:14-cv-00298

Document

1

Filed

OOl27lt4

Page 5

of

15

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


11/18

Case 1:14-cv-00298

Document

1 Filed

OGl27l 4

Page 6

of

L5

PagelD

#: 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


12/18

Case

1:14-cv-00298

Document

1

Filed

06127lt4

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.

7


13/18

Case 1:14-cv-00298

Document

1 Filed

061271t4

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


14/18

Case 1:14-cv-00298

Document

1 Filed

OOl27lLA Page

9

of

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


15/18

Case 1:14-cv-00298

Document

1

Filed

O6l27lt4

Page 10 of

15

PagelD #:

lO

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.

10


16/18

Case

1:14-cv-00298

Document

1

Filed OOl271L4

Page 11

of

15

PagelD #:

LL

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

11


17/18

Case

1:14-cv-00298

Document

1

Filed O6l27lt4 Page t2 of 5

PagelD

#:

t2

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.

12


18/18

Case

L:L4-cv-00298

Document

1

Filed

OOl27lL4

Page

13

of

15

PagelD

#:

L3

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.

vkt-v-vws-hawaii-part 1

Documents