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JS 44C/SDNY
REV. 7/2012CIVIL COVER SHEET
The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service ofpleadings or other papers as required by law, except as provided by local rules of court. This form, approved by theJudicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose ofinitiating the civil docket sheet.
PLAINTIFFS
Eric Johnson JUDGu NATHAN
ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBERAlexander Matbin, Esq.&Edmund J. Ferdinand, III, Esq.Ferdinand IP, LLC125 Park Avenue, 25th Floor, New York, NY 10017(212^520-4296
DEFENDAN'
Beam Suntor15 CV IS KgATTORNEYS (IF KNOWN)
CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE)(DO NOT CITE JURISDICTIONALSTATUTES UNLESS DIVERSITY)
Direct and secondary copyright infringement in violation of 17 U.S.C. 501 et seq.
Has this or a similar case been previously filed in SDNY at anytime? No t Yes Judge Previously Assigned
Ifyes, was this case Vol. Q Invol. Q Dismissed No Q Yes Q| If ves. aive date &CasefN&l3 2 4 2015
IS THIS AN INTERNATIONAL ARBITRATION CASE? No B Yes U
(PLACEAN [x] IN ONE BOX ONLY) NATURE OF SUIT
TORTS ACTIONS UNDER STATUTES
CONTRACT PERSONAL INJURY PERSONAL INJURY FORFEITU RE/PENALTY BANKRUPTCY OTHER STATUTES
[]110 INSURANCE [ ]310 AIRPLANE [ ] 362 PERSONAL INJURY - [1610 AGRICULTURE [ ] 422 APPEAL [ ]400 STATE11120 MARINE []315 AIRPLANE PRODUCT MED MALPRACTICE [ ]620 OTHER FOOD & 28 USC 158 REAPPORTIONMENT[1130 MILLER ACT LIABILITY [ ] 365 PERSONAL INJURY DRUG [ ]423 WITHDRAWAL [ ]410 ANTITRUST[1140 NEGOTIABLE [ ] 320 ASSAULT, LIBEL & PRODUCT LIABILITY [I 625 DRUG RELATED 28 USC 157 [ 1430 BANKS & BANKING
INSTRUMENT SLANDER [ ] 368 ASBESTOS PERSONAL SEIZURE OF [ ]450 COMMERCE[1150 RECOVERY OF [ ] 330 FEDERAL INJURY PRODUCT PROPERTY [ ]460 DEPORTATION
OVERPAYMENT & EMPLOYERS' LIABILITY 21 USC 881 PROPERTY RIGHTS [ ] 470 RACKETEER INFLUENFORCEMENT LIABILITY [ ]630 LIQUOR LAWS ENCED & CORRUPTOF JUDGMENT [ ] 340 MARINE PERSONAL PROPERTY I ]640 RR& TRUCK ft820 COPYRIGHTS ORGANIZATION ACT
[1151 MEDICARE ACT [ ] 345 MARINE PRODUCT [ J 650 AIRLINE REGS [ ] 830 PATENT (RICO)[1152 RECOVERY OF LIABILITY [ ] 370 OTHER FRAUD [ ]660 OCCUPATIONAL [ ] 840 TRADEMARK [ ]480 CONSUMER CREDIT
DEFAULTED [ ]350 MOTOR VEHICLE [ ] 371 TRUTH IN LENDING SAFETY/HEALTH []490 CABLE/SATELLITE TVSTUDENT LOANS [ ] 355 MOTOR VEHICLE [ ] 380 OTHER PERSONAL [ ]690 OTHER [ J810 SELECTIVE SERVICE(EXCL VETERANS) PRODUCT LIABILITY PROPERTY DAMAGE SOCIAL SECURITY [ ] 850 SECURITIES/
[1153 RECOVERY OF [ J360 OTHER PERSONAL [ 1385 PROPERTY DAMAGE COMMODITIES/OVERPAYMENT INJURY PRODUCT LIABILITY LABOR [ ]861 HIA(1395ff) EXCHANGEOF VETERAN'S [ ]862 BLACK LUNG (923) [ 1875 CUSTOMERBENEFITS [1710 FAIR LABOR [ ) 863 DIWC/DIWW (405(g)) CHALLENGE
[1160 STOCKHOLDERS STANDARDS ACT [ 1864 SSID TITLE XVI 12 USC 3410SUITS []720 LABOFVMOMT [ j SSS RSI(403(g)) [ ] 890 OTHER STATUTORY
11190 OTHER PRISONER PETITIONS RELATIONS ACTIONSCONTRACT [1730 LABOR/MGMT []891 AGRICULTURAL ACTS
[1195 CONTRACT [1510 MOTIONS TO REPORTING & FEDERAL TAX SUITS [ 1892 ECONOMICPRODUCT ACTIONS UNDER STATUTES VACATE SENTENCE DISCLOSURE ACT STABILIZATION ACTLIABILITY 20 USC 2255 [1740 RAILWAY LABOR ACT [ ]870 TAXES (U.S. Plaintiffor [ ] 893 ENVIRONMENTAL
[ ] 196 FRANCHISE CIVIL RIGHTS [ ] 530 HABEAS CORPUS [1790 OTHER LABOR Defendant) MATTERS[ ) 535 DEATH PENALTY LITIGATION [ ] 871 IRS-THIRD PARTY [ ]894 ENERGY
[ 1441 VOTING [ ] 540 MANDAMUS & OTHER [1791 EMPL RET INC 26 USC 7609 ALLOCATION ACT[ 1442 EMPLOYMENT SECURITY ACT [ ] 895 FREEDOM OF
REAL PROPERTY [ ] 443 HOUSING/ INFORMATION ACTACCOMMODATIONS IMMIGRATION [ ) 900 APPEAL OF FEE
11210 LAND [ ] 444 WELFARE PRISONER CIVIL RIGHTS DETERMINATIONCONDEMNATION [ ] 445 AMERICANS WITH [1462 NATURALIZATION UNDER EQUAL
[ ]220 FORECLOSURE DISABILITIES - [ I 550 CIVIL RIGHTS APPLICATION ACCESS TO JUSTICE[ ]230 RENT LEASE & EMPLOYMENT [ ] 555 PRISON CONDITION 11463 HABEAS CORPUS- [ ]950 CONSTITUTIONALITY
EJECTMENT [ 1446 AMERICANS WITH ALIEN DETAINEE OF STATE STATUTES[1240 TORTS TO LAND DISABILITIES -OTHER []465 OTHER IMMIGRATION[J 245 TORT PRODUCT
LIABILITY[ ] 440 OTHER CIVIL RIGHTS
(Non-Prisoner)ACTIONS
[ ]290 ALL OTHERREAL PROPERTY
Check if demanded in complaint:
CHECK IF THIS IS A CLASS ACTIONUNDER F.R.C.P. 23
DEMAND $ OTHER
Check YES only if demanded in complaintJURY DEMAND: 8 YES NO
DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?IF SO, STATE:
JUDGE DOCKET NUMBER
NOTE: Please submit at the time of filing an explanation of why cases are deemed related.
(PLACE AN x INONE BOX ONLY) ORIGIN
Bfl 1 Original L3 2 Removed from D 3 Remanded D 4 Reinstated or |_J 5 Transferred from CI6 Multidistrict CI 7 Appeal to DistrictProceeding State Court from Reopened (Specify District) Litigation Judge from
a. all parties r.pront.d p^"3'6 Judgment" "I I b. At least one
party is pro se.
(PLACE AN x IN ONEBOXONLY) BASIS OF JURISDICTION IF DIVERSITY, INDICATE 1 U.S. PLAINTIFF 2 U.S. DEFENDANT |*j 3 FEDERAL QUESTION D.4 DIVERSITY CITIZENSHIP BELOW.
(U.S. NOT A PARTY)
CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)
(Place an [X] in one box for Plaintiff and one box for Defendant)
PTF DEF PTF DEF PTF DEFCITIZEN OF THIS STATE [ ] 1 [ ] 1 CITIZEN OR SUBJECT OF A [ ] 3 [ ] 3 INCORPORATEDand PRINCIPALPLACE [ ] 5 [ ] 5
FOREIGN COUNTRY OF BUSINESS IN ANOTHER STATE
CITIZEN OF ANOTHERSTATE []2 []2 INCORPORATEDor PRINCIPAL PLACE []4[]4 FOREIGN NATION []6 []6OF BUSINESS IN THIS STATE
PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)
Eric Johnson472 Ninth Avenue, #3New York, NY 10018New York County, New York
DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)
Beam Suntory, Inc.510 Lake Cook RoadDeerfield, IL 60015Lake County, Illinois
DEFENDANT(S) ADDRESS UNKNOWNREPRESENTATION ISHEREBY MADE THAT, AT THIS TIME, IHAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TOASCERTAIN THE
RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:
Check one: THIS ACTION SHOULD BE ASSIGNED TO: Q WHITE PLAINS g| MANHATTAN(DO NOT check either box ifthis a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.)
DATE 02/24/2015 S|GNATURE OF ATTORN|Y;jOFJE^ORD^ ADMITTED TO PRACTICE IN THIS DISTRICT/^^ MYES (DATE ADMITTED Mo. Yr. 2013
RECEIPT* C-^ tZ*^-" Attorney Bar Code # AM9385
Magistrate Judge is to be designated by the Clerk of the Court.
Magistrate Judge it*?-X!; ;? I'lluhMANRuby J. Krajick, Clerk of Courtby Deputy Clerk, DATED
UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)
is so Designated.
Edmund J. Ferdinand, III, Esq. (EF9885)Alexander R. Malbin, Esq. (AM9385)FERDINAND IP, LLC125 Park Avenue, 25th FloorNew York, NY 10017(212) 520-4296
Attorney for PlaintiffERIC JOHNSON
15 CV 1355
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
ERIC JOHNSON,
- against -
BEAM SUNTORY, INC.,
Plaintiff,
Defendant.
Civil Action No.
COMPLAINT
JURY TRIAL DEMANDED
o
COMPLAINT
Mr. Eric Johnson (hereinafter "Plaintiff), by and through his undersigned counsel, for
his Complaint against Beam Suntory Incorporated ("Defendant"), states and alleges as follows:
THE PARTIES
1. Plaintiff Eric Johnson is a citizen of the State ofNew York, County ofNew York,
with his principal place ofbusiness at472 9th Avenue, Apt. #3, New York, New York, 10018
2. Upon information and belief, Defendant Beam Suntory Incorporated is an Illinois
corporation with its principal place of business at 510 Lake Cook Road, Deerfield, IL 60015.
JURISDICTION AND VENUE
3. This is an action for copyright infringement arising under the Copyright Act of
1976, as amended, 17 U.S.C. 101 etseq. (the "Copyright Act"). This action arises from
Defendant's unauthorized and unlawful reproduction, public display, and distribution of a
copyrighted photograph owned byPlaintiff, inwillful infringement of Plaintiffs U.S. Copyright
Registration No. VA 1-910-544 as well as contributory infringement and inducement of
infringements of said Copyright Registration.
4. This Court has subjectmatterjurisdiction pursuant to 17 U.S.C. 501 and 28
U.S.C. 1331 and 1338(a).
5. This Court has personal jurisdiction over Defendant because Defendant engages
in continuous and systematic business activities in the State of New York and/or has purposely
directed substantial activities at the residents ofNew York by means of the web site described
herein and derives substantial revenue from interstate commerce.
6. Venue is proper under 28 U.S.C. 1391(a)(2) because Defendant does business in
this Judicial District and/or because a substantial part of the events giving rise to the causes of
action alleged herein occurred in this Judicial District, and the injury suffered by Plaintiff took
place in this Judicial District.
FACTUAL ALLEGATIONS
A. PLAINTIFF AND HIS ORIGINAL CREATION AND USE OF HIS
COPYRIGHTED PHOTOGRAPH OF AALIYAH
7. Plaintiff, Eric Johnson, is a successful, award-winning professional photographer
and artist. He is a citizen of the State of New York and resides in the Borough of Manhattan.
8. One focus of Plaintiffs work is photographic portraiture. Plaintiff has been
producing iconic photographic portraits of a wide, diverse group of musicians, artists, and
celebrities for over twenty-five years. His photographs have been published incountless books,
magazines, newspapers and periodicals, used as cover artwork for music albums, and shown in
gallery shows. Many ofhis more well-known portraits have become truly etched into the public
consciousness.
9. Plaintiffis the legal andbeneficial owner of a vastnumber of his original
photographs. Plaintiff has invested significant time, money, resources and manpower over his
distinguished and longstanding career in building andmaintaining hispersonal photograph
archive.
10. In June 2001, Plaintiff shot a series of photographic portraits of Aaliyah, the
internationally renowned R&B recording artistand actress, just months before her tragic deathin
August ofthat year (the "Aaliyah Photographs").1
11. During his photo shoot with Aaliyah, Johnson captured a number of intimate,
beautiful shots of the superstar. Certain photographs from that shoot have come to define
Aaliyah's enduring image among the public and her devoted fans.
B. THE DEFENDANT AND ITS BUSINESS OPERATIONS
12. Upon information and belief, Defendant, Beam Suntory Inc. is a manufacturer,
importer, and marketer of a number of brand-name liquors, including whiskies, tequila, vodka,
rum, gin, liqueurs, and cognacs. Upon information and belief, Defendant claims to be the
world's third largest premium spirits company, and to generate annual worldwide sales of
approximately 4.6 billion dollars ($4,600,000,000).
13. Upon information and belief, one of Defendant's self-produced premium liquors
is Courvoisier brand cognac.
The certificate of copyright registration covering the Aaliyah Photographs (U.S. Reg. No. VA 1-910-554), whichidentifies Plaintiff as author and copyright claimant, is attached hereto at Exhibit 1.
14. Upon information and belief, Defendant engages insubstantial marketing and
promotion ofCourvoisier, including, but not limited to, online marketing and promotional
activities. Upon information and belief, Defendant has directed marketing and promotion ofthe
Courvoisier brandto the hip-hop/R&B music fan community.
15. Upon information and belief, Defendant is, and has been at all times relevant to
this dispute, the registered owner and operator the web site www.Courvoisier.com (the
"Courvoisier Website"), and responsible for all of the contentcontained thereon.
16. Upon information andbelief, Defendant uses the Courvoisier Website as a
promotional tool to increase public awareness and recognition ofthe Courvoisier brand and,
ultimately, to boost sales of Courvoisier-brand cognac (including to customers located in the
State of New York).
17. Upon information and belief, Defendant provides technological means on the
Website by which thirdparties who access pages on the Website can reproduce and/or distribute
content thereon, including photographic images.
18. Upon information and belief, Defendant's promotion of its Courvoisier brandalso
includes purchasing "sponsored articles," full-web-page advertisements on popular online
publications' web sites containing article previews andphotographic images along with the
Courvoisier logo and a link to the page on the Courvoisier Website hosting the full article.
C. DEFENDANT'S INFRINGEMENTS OF PLAINTIFF'S PHOTOGRAPH
19. Without valid license or permission or authorization from Plaintiff, Defendant
has willfully infringed and continues to infringe Plaintiffs copyright in and to one of the Aaliyah
Photographs (the"Photograph At Issue") by reproducing, distributing, publicly displaying, and
making available for further reproduction, distribution and public display, such photograph on
the Courvoisier Website.
20. Thepageon the Website displaying the Photograph At Issuecontains
technological means bywhich users who access thepage canfurther reproduce, distribute, and
publicly display the Photograph At Issue via social media providers Facebook andTwitter.
21. Upon information and belief,Defendant has also infringed the Photograph At
Issue and contributed to further infringements thereof by third parties ("Third Party Infringers")
by distributing the Photograph At Issueto ThirdParty Infringers for publication in "sponsored
articles" on their web sites.
22. Upon information and belief, Defendant has falsely purported to authorize the
Third Party Infringers' use of the Photograph At Issue in contractual agreements relating to the
"sponsored articles".
23. Upon information and belief, Defendant commenced its infringing uses of the
Photograph At Issue in or about December 2014.
24. Upon information and belief, Defendant has purposely used the Photograph At
Issue to exploit its recognition among the public and the hip-hop/R&B fan community with the
intention of attracting web visitor traffic to the Courvoisier Website by its visibility thereon and
thereby promoting the Courvoisier brand and, ultimately, increasing sales of Courvoisier cognac.
25. Upon information and belief, Defendant has driven significant traffic to the
Courvoisier Website by the presence of the Photograph At Issue thereon and in "sponsored
2Attached hereto at Exhibit 2 aretrueandcorrect copies of printouts of web pages on the Website showingDefendant's use of the Photograph At Issue, and, at Exhibit 3, a reproduction of Plaintiff s photograph infringed byDefendant. The printouts of the Website attached at Exhibit 2 shows that the Website displays an exact copy of thePhotograph At Issue.3A Courvoisier "sponsored article" on the popular fashion, music andart web sitewww.complex.com, prominentlydisplaying the Photograph Issue and also containing a link to a page on the Website containing the Photograph AtIssue, is attached hereto at Exhibit 4.
articles" on the web sites of ThirdParty Infringers. The increased traffic to the Courvoisier
Website has led to the substantial promotionof Defendant's Courvoisierbrand directly
attributable to its infringement of Plaintiffs copyright in the PhotographAt Issue.
26. Despite being put on notice of its infringing use of the Photograph At Issue and
requested to cease itsuseby undersigned counsel on behalfof Plaintiff, Defendant has failed to
remove the Photograph At Issue fromthe Courvoisier Website. Accordingly, Plaintiffrequires
this Court's intervention to put a stop to Defendant's continuedwillful infringement of his
copyrights and vindicate his legal rights under the CopyrightAct.
27. Plaintiffhas complied in all respects with Title 17 of the United States Code,
secured the exclusive rights and privileges to the Photograph At Issue, and obtained the
appropriate certificate of copyright registration (attached hereto at Exhibit 1).
28. Upon information and belief, Defendant has engaged in the infringing acts
forming the basis of this Complaint knowingly of, and with reckless disregard for, Plaintiffs
rights in the Photograph At Issue, and was aware that its infringing activities constitute
infringements under the Copyright Laws of the United States.
29. As a result of Defendant's willful misconduct described herein, Plaintiff has been
substantially harmed.
30. Plaintiff has no adequate remedy at law. Defendants' infringing acts as described
above have caused and, if not enjoined, will continue to cause irreparable harm to Plaintiff.
FIRST COUNT
(Direct Copyright Infringement)
31. Plaintiff repeats and reincorporates the allegations contained in the preceding
paragraphs as though set forth in full herein.
32. At all times herein, Plaintiffhas beenand is still the owner, andproprietor of all
right, title and interest inand to the Aaliyah Photographs, including the Photograph At Issue.
The Photograph AtIssue isan original, creative work ofPlaintiffs authorship and constitutes
copyrightable subject matterunderthe Copyright Act.
33. Plaintiffhas complied in all respects withthe Copyright Act's prerequisites for a
copyright infringement action, including obtaining a certificate ofcopyright registration from the
Copyright Office covering the Photograph At Issue (attached hereto at Exhibit 1).
34. Defendant has not obtained valid license, authorization or permission to use the
Photograph At Issue in any manner, and Plaintiff has not assigned any of hisexclusive rights in
his copyright in the Photograph At Issue to Defendant.
35. Without permission or authorization from Plaintiffand in willfulviolation of his
rights under 17 U.S.C 106, Defendant has improperly and illegally copied, reproduced,
distributed, and publicly displayed the Photograph At Issue on the Website.
36. Without Plaintiffs permission or authorization and in willful violation of his
rights under 17U.S.C 106,Defendants improperly and illegally reproduced, distributed, and/or
licensed unauthorized reproductions of the Photograph At Issue to Third Party Infringers for the
purpose of further reproduction, distribution, and public display.
37. Defendant's use of the Photograph At Issue as set forth in this Complaint violates
Plaintiffs exclusive rights under the Copyright Act and constitute willful infringement of
Plaintiffs copyrights.
38. Upon information and belief, thousands of people throughout the United States
have viewed the infringing copies of the Photograph At Issue on the Website and the web sites of
Third Party Infringers.
39. Upon information and belief, Defendant has knowledge ofthe copyright
infringements alleged herein, and has knowingly and willfully carried out its infringing activities,
continue to do soto this day despite being repeatedly put onnotice of its infringement, and will
continue to do so unless enjoined by this Court.
40. Asa direct andproximate result of Defendant's misconduct, Plaintiff hasbeen
substantially harmed in an amountto be provenat trial.
SECOND COUNT
(Contributory Copyright Infringement)
41. Plaintiff repeats and reincorporates theallegations contained in thepreceding
paragraphs as though set forth in full herein.
42. Without Plaintiffs permission or authorization and in willful violation of his
exclusive rights under 17 U.S.C 106, Defendant has caused, induced, and/or materially
contributed to infringements of the Photographs AtIssue by Third Party Infringers inviolation of
Plaintiffs copyright by distributing unauthorized copies of the Photograph AtIssue to Third
Party Infringers and purporting to authorize its reproduction andpublic display.
43. Upon information and belief, as a result of Defendant's activities, Third Party
Infringers have infringed Plaintiffs exclusive rights in the Photograph AtIssue by hosting and
making further reproductions of thePhotograph At Issue on their computer hard drives and/or
servers, publicly displaying thePhotograph At Issue on their own web sites, and making the
Photograph AtIssue available for further reproduction and/or distribution bythe public onsuch
web sites.
44. Defendant had and continues to have knowledge of the infringing uses of the
Photographs AtIssue bythe Third Party Infringers, which it has purported to authorize by its
"sponsored article" contractual arrangements with the Third Party Infringers.
45. Defendants' activities causing, inducing, and/or materially contributing to the
infringements committed by Third Party Infringers have been willful, intentional, purposeful,and in disregard ofPlaintiffsrights, and have caused substantial damage to Plaintiff.
46. As adirect and proximate result of Defendants causing, inducing, and/or .
materially contributing to the infringing conduct ofThird Party Infringers, Plaintiff has been
substantially harmed in an amount to be proven at trial.
THIRD COUNT
(Inducement ofCopyright Infringement)
47. Plaintiff repeats and reincorporates the allegations contained in the preceding
paragraphs as though set forth in full herein.
48. Individuals using the Courvoisier Website that Defendant owns, operates,
distributes, and promotes, have been provided with technological means to directly infringe and
are directly infringing Plaintiffs copyright in the Photograph At Issue by creating and
distributing unauthorized reproductions thereof on social media providers Facebook and Twitter.
49. Defendant's infringing activities have been willful, intentional, purposeful, and in
complete disregard ofPlaintiffsrights, and has caused substantial damage to Plaintiff.
50. As adirect and proximate result of Defendant's infringing activities, Plaintiffhas
been substantially harmed in an amount to be proven attrial.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests judgment as follows:
1. That the Court enter ajudgment finding that Defendant has directly and secondarily
infringed Plaintiffs U.S. Copyright Reg. No. VA 1-910-544 in violation of 17 U.S.C. 501 et
seq. and award damages and monetary and injunctive relief as follows:
a. Statutory damages pursuant to 17 U.S.C. 504(c) in the amount of $150,000 per
infringed work or, in the alternative, Plaintiffs actual damages and disgorgement
ofDefendant's wrongful profits in amounts to be proven at trial;
b. Apermanent injunction pursuant to 17 U.S.C. 502 enjoining Defendant from
directly or secondarily infringing Plaintiffs U.S. Copyright Reg. No. VA 1-910-
544; and,
c. Plaintiffs attorneys' fees and costs pursuant to 17 U.S.C. 505; and,
2. Such other and further relief that the Court determines is just and proper.
JURY DEMAND
Plaintiff demands a trial byjury onall counts sotriable.
Dated: February 24,2015 Respectfully submitted,
Alexander Malbin, Esq. (AM 9385)Edmund J. Ferdinand, III, Esq. (EF 9885)FERDINAND IP, LLC125 Park Avenue, 25th FloorNew York, NY 10017Telephone: (212) 520-4296Fax: (203) 905-6747Email: [email protected]
Attorney for PlaintiffERIC JOHNSON
10
EXHIBIT 1
Certificate of Registration
'!'!-,!> Ortiikate issued umlft Hie v.'.ii ol the CopyrightOriicc in accord ana; with MH '" ' :>r:cti Sl-iles (. cdc.aiu:Ms tha! reuisinmor; ba> Petri made lor 'he workideuUiied below, i he iiifoiTnaUon on th^ cenihcatchabeen madea fan o; -ik Gvy^rt oniee u\.(i!ib.
^ \CU*
Title Title of Work: Aaliyah photograph collection
Completion/PublicationYear of Completion: 2001
Date of 1st Publication: June 7,2001
RegistrationNumber
VA 1-910-544Effective date of
registration:
December 9, 2013
Nation of 1st Publication: United States
AuthorAuthor: Eric Johnson
Author Created: photograph(s)
Citizen of: United States
Copyright claimantCopyright Claimant: Eric Johnson
472 Ninth Avenue, Apt. #3, New York, NY, 10018, United States
Rights and PermissionsName: Alex Malbin
Email: alexigeric-johnson.com
Certification
Name: Alexander Malbin
Date: December 9, 2013
Correspondence: Yes
Page 1 of 1
EXHIBIT 2
2/24/2015Turning Classic R&B Tracks Into Cocktails
http://courvoisier.com/our-jouraey/recipe-turning-classic-rb-tracks-cocktails/
2/24/2015Turning Classic R&B Tracks Into Cocktails
http://courvoisier.com/our-joumey/recipe-tuming-classic-rb-tracks-cocktails/
2/24/2015Turning Classic R&B Tracks Into Cocktails
http://courvoisier.com/our-joumey/recipe-tuming-classic-rb-tracks-cocktails/
2/24/2015Turning Classic R&B Tracks Into Cocktails
http://courvoisier.com/our-joumey/recipe-niming-classic-rb-tracks-cocktails/
2/24/2015Turning Classic R&B Tracks Into Cocktails
http://courvoisier.com/our-jouraey/recipe-ruming-classic-rb-tracks-cocktails/
2/24/2015Turning Classic R&B Tracks Into Cocktails
http://courvoisier.com/our-jouraey/recipe-nirning-classic-rb-tracks-cocktails/
2/24/2015Turning Classic R&B Tracks Into Cocktails
http://courvoisier.com/our-jouraey/recipe-turning-classic-rb-tracks-cocktails/
2/24/2015Turning Classic R&B Tracks Into Cocktails
http://courvoisier.com/our-journey/recipe-tuming-classic-rb-tracks-cocktails/ 8/8
Music Archives - Courvoisier2/23/15, 11:57 AM
http://courvoisier.com/journeys/music/ Page 1 of 6
Music Archives - Courvoisier
2/23/15, 11:57AM {
http://courvoisier.com/journeys/music/ Page 2 of 6
Music Archives - Courvoisier
2/23/15, 11:57 AM
http://courvoisier.com/journeys/music/Page 3 of 6
2/23/15, 11:57 AMMusic Archives - Courvoisier
http://courvoisier.com/journeys/music/Page 4 of 6
Music Archives - Courvoisier2/23/15, 11:57 AM
http://courvoisier.com/journeys/music/ Page 5 of 6
Music Archives - Courvoisier 2/23/15, 11:57 AM
http://courvoisier.com/journeys/music/ Page 6 of 6
EXHIBIT 3
EXHIBIT 4
Courvoisier Presents: Classic R&B Tracks Are Now Cocktails I Complex 2/10/15, 4:09 PM
f # 8+ G8 m ( 3
EXCEPTIONAL
V '
Courvoisier Presents: Classic R&B Tracks Are Now CocktailsPRESENTED BY K'1
BYJESSI STAFFORD
f ' @ 0
O DEC 3, 2014
o D
If you've ever had a night where throwback R&B music was the only thing on the menu, then listen up. You can now pair your favorite tracks with
the perfect cocktail to get you in the mood. Courvoisier has taken classics like Aaliyah's "AreYou That Somebody?", Al Green's "Tired of Being
Alone," and "Real Love" by Mary J. Blige and given them the "spirit" treatment, as in alcohol. Now, when you're listening to the above, drink a
mojito, a French gimlet, and a snow honey cocktail, in that order.
For more R&B-based drink recipes, look no further than the link below.
[via Courvoisier]
http://www.complex.com/music/2014/12/courvoisier-presents-classic-rb-tracks-are-now-cocktails Page 1 of 6
Courvoisier Presents: Classic R&B Tracks Are Now Cocktails I Complex
AALIYAH COCKTAILS COURVOISIER
ON BUST
W9
IB mtWKmmwKKUm
u
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