Escolar Documentos
Profissional Documentos
Cultura Documentos
Document 1
Filed 07/05/16
Page 1 of 23
v.
OTICCA BEAMER, an individual; FIT &
FASHION LLC, a Georgia limited
liability company; and BEAMER &
ASSOCIATES LLC, an Illinois limited
liability company dba FIT & FASHION,
Defendants.
Plaintiff Ranita Corporation, for its Complaint against Oticca Beamer, Fit & Fashion
LLC, and Beamer & Associates LLC, states and alleges as follows:
NATURE OF THIS ACTION
1.
This is an action for copyright infringement under the Copyright Act, 17 U.S.C.
101, et seq.
Page 1 - COMPLAINT FOR COPYRIGHT INFRINGEMENT
STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840
Case 6:16-cv-01368-MC
Document 1
Filed 07/05/16
Page 2 of 23
PARTIES
2.
Defendant Fit & Fashion LLC ("FAF") is a Georgia limited liability company having
Defendant Beamer & Associates LLC is an Illinois limited liability company doing
business as Fit & Fashion ("BAA"). BAA's principal place of business is in McDonough,
Georgia.
5.
Defendant Oticca Beamer, an individual residing in the state of Georgia, is the owner
This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a).
7.
This Court has personal jurisdiction over Defendants because (a) Defendants have
substantial contacts in the State of Oregon related to the claims in this action, (b) Defendants
engaged in the wrongful acts alleged herein in the State of Oregon, and/or (c) Defendants
purposely directed their wrongful conduct at Plaintiff in the State of Oregon, knowing that the
resulting harm likely would be suffered by Plaintiff in the State of Oregon. Among other things,
Defendants sell infringing products to Oregon citizens and ship infringing products directly to
customers in Oregon in violation of Plaintiff's rights under the Copyright Act.
8.
Venue in this judicial district is proper under 28 U.S.C. 1391(b) and (c). In
accordance with LR 3-2, divisional venue lies with the Eugene Division, because a substantial
part of the events giving rise to Plaintiff's claims occurred in Lane County, Oregon.
Case 6:16-cv-01368-MC
Document 1
Filed 07/05/16
Page 3 of 23
FACTS
9.
known as the Sure-Fit Designs Master Patterns and is the owner of the original specialized
sewing patterns and sewing instructional materials and services. Sure-Fit markets, offers, sells,
and delivers its products and services through various channels, including through its website,
SUREFITDESIGNS.COM
10.
copies of Sure-Fit's original sewing patterns and sewing instructional materials and services.
Defendants make, market, offer, and sell these unauthorized copies through various channels,
including through their website, FIT-FASHION.COM ("Defendants' Website"), in knowing and
willful violation of Sure-Fit's intellectual property rights.
Sure-Fit's Registered Copyrights
11.
Sure-Fit is the owner of U.S. Copyright Registration No. TX0001808433 for the
original work entitled "Dress Kit" (the "Dress Kit Copyright"), a copy of which is attached
hereto as Exhibit A. The Dress Kit includes, among other things, (i) a Skirt Front Master
Pattern; (ii) a Skirt Back Master Pattern; (iii) a Bodice Front Master Pattern; (iv) a Bodice Back
Master Pattern; (v) a Dress Kit Instruction Book; and (vi) a Dress Fitting Minor Tune-Ups
instructional pamphlet.
12.
Sure-Fit markets, offers, sells, and delivers the Sure-Fit Dress Kit and related
products and services to customers and potential customers located throughout the United States
and the world.
13.
Sure-Fit is the owner of U.S. Copyright Registration No. TX0001396821, for the
original work entitled "Children's Kit" (the "Children's Kit Copyright"), a copy of which is
Page 3 - COMPLAINT FOR COPYRIGHT INFRINGEMENT
STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840
Case 6:16-cv-01368-MC
Document 1
Filed 07/05/16
Page 4 of 23
attached hereto as Exhibit B. The Children's Kit includes, among other things, (i) a Skirt
Front/Back Master Pattern; (ii) a Shirt/Blouse Front Master Pattern; (iii) a Shirt/Blouse Back
Master Pattern; (iv) a Sleeve Master Pattern; (iv) a Cuff Master Pattern; (v) a Square / Rounded
Collar Master Pattern; (vi) a Lapel Collar Master Pattern; (vii) a Mandarin / Stand-Up Collar
Master Pattern; (viii) a Pant Front Master Pattern; (ix) a Pant Back Master Pattern; (x) a
Waistband Master Pattern; (xi) a Fly Front Extension Master Pattern; (xii) a Zipper Guard
Master Pattern; (xiii) a Pocket Shapes Master Pattern; (xiv) a Pocket Flap Master Pattern; (xv) a
Side / In-Seam Pocket Master Pattern; (xvi) a Bib Shapes Master Pattern; and (xvii) a Children's
Kit Instruction Book.
14.
Sure-Fit markets, offers, sells, and delivers the Sure-Fit Children's Kit and related
products and services to customers and potential customers located throughout the United States
and the world.
15.
Sure-Fit is the owner of U.S. Copyright Registration No. TX0001808435, for the
original work entitled "Pants Kit" (the "Pants Kit Copyright"), a copy of which is attached hereto
as Exhibit C. The Pants Kit includes, among other things, (i) a Basic Slim-Leg Pant Front
Master Pattern; (ii) a Basic Slim-Leg Pant Back Master Pattern; (iii) a Waistband Master Pattern;
(iv) a Fly Front Extension Master Pattern; (v) a Zipper Guard Master Pattern; (vi) an Inseam
Pocket Master Pattern; and (vii) a Pants Kit Instruction Book.
16.
Sure-Fit markets, offers, sells, and delivers the Sure-Fit Pants Kit and related products
and services to customers and potential customers located throughout the United States and the
world.
17.
Sure-Fit is the owner of U.S. Copyright Registration No. TX0001808434, for the
original work entitled "Shirt Kit" (the "Shirt Kit Copyright"), a copy of which is attached hereto
Page 4 - COMPLAINT FOR COPYRIGHT INFRINGEMENT
STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840
Case 6:16-cv-01368-MC
Document 1
Filed 07/05/16
Page 5 of 23
as Exhibit D. The Shirt Kit includes, among other things, (i) a Shirt Front Master Pattern; (ii) a
Shirt Back Master Pattern; (iii) a Shirt Sleeve Master Pattern; (iv) a Cuff Master Pattern; (v) a
Collar Stand Master Pattern; (vi) a Collar Short Point Master Pattern; (vii) a Pocket Flap
Master Pattern; and (viii) a Shirt Kit Instruction Book.
18.
Sure-Fit markets, offers, sells, and delivers the Sure-Fit Shirt Kit and related products
and services to customers and potential customers located throughout the United States and the
world.
Defendants' Infringement of Sure-Fit's Dress Kit Copyright
19.
Defendants have been in possession of Sure-Fit's Dress Kit for at least 10 years.
20.
Defendants have copied and/or created derivative works from Sure-Fit's Dress Kit
For example, Defendants make, market, offer, and sell a "Dress Template Package",
which includes, among other things, the following patterns: Skirt Front, Skirt Back, Bodice
Front, and Bodice Back, all for use with an included Sizing Template.
(a)
(b)
Defendants' Skirt Back pattern is substantially similar to the Sure-Fit Skirt Back
Master Pattern protected by the Sure-Fit Dress Kit Copyright;
(c)
(d)
Case 6:16-cv-01368-MC
22.
Document 1
Filed 07/05/16
Page 6 of 23
Defendants' Dress Template Package also includes, among other things, a document
entitled "Dress Fitting Tune-Ups", which is substantially similar to the Sure-Fit Dress Fitting
Minor Tune-Ups instructional pamphlet protected by the Sure-Fit Dress Kit Copyright,
including, for example, the images below:
Case 6:16-cv-01368-MC
Document 1
Filed 07/05/16
Page 7 of 23
Case 6:16-cv-01368-MC
Document 1
Filed 07/05/16
Page 8 of 23
Case 6:16-cv-01368-MC
23.
Document 1
Filed 07/05/16
Page 9 of 23
Defendant Oticca Beamer has, and at all material times had, knowledge of the
infringing conduct of FAF and BAA with respect to the Sure-Fit Dress Kit and the Sure-Fit
Dress Kit Copyright.
24.
Defendant Oticca Beamer does, and at all material times did, induce, cause, and/or
materially contribute to the infringing conduct of FAF and BAA with respect to the Sure-Fit
Dress Kit and the Sure-Fit Dress Kit Copyright.
25.
Defendant Oticca Beamer has, and at all material times had, the right and ability to
supervise the infringing conduct of FAF and BAA with respect to the Sure-Fit Dress Kit and the
Sure-Fit Dress Kit Copyright.
26.
Defendant Oticca Beamer has, and at all material times had, a direct financial interest
in the infringing conduct of FAF and BAA with respect to the Sure-Fit Dress Kit and the SureFit Dress Kit Copyright.
27.
authorization of Sure-Fit and in knowing and willful violation of Sure-Fit's intellectual property
rights.
Defendants' Infringement of Sure-Fit's Children's Kit Copyright
28.
Defendants have been in possession of Sure-Fit's Children's Kit for at least 10 years.
29.
Defendants have copied and/or created derivative works from Sure-Fit's Children's
For example, Defendants make, market, offer, and sell a "Children's Template
Package", which includes, among other things, the following patterns: Girls Skirt Front & Back,
Shirt/Top Front; Shirt/Top Back, Sleeve, Cuff, Square Collar, Rounded Collar, Lapel Collar,
Mandarin/Band Collar, Pant Front, Pant Back, Fly Front Extension, Zipper Guard, Pointed
Page 9 - COMPLAINT FOR COPYRIGHT INFRINGEMENT
STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840
Case 6:16-cv-01368-MC
Document 1
Filed 07/05/16
Page 10 of 23
Pocket, Square Pocket, Pointed Pocket Flap, Square Pocket Flap, Curved Pocket Flap, Rounded
Bib, Angled Bib, and Curved Bib, all for use with an included Sizing Template.
(a)
Defendants' Girls Skirt Front & Back pattern is substantially similar to the
Sure-Fit Skirt Front/Back Master Pattern protected by the Sure-Fit Children's
Kit Copyright;
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Defendants' Mandarin/Band Collar pattern is substantially similar to the SureFit Mandarin/Stand-Up Master Pattern protected by the Sure-Fit Children's Kit
Copyright,
Case 6:16-cv-01368-MC
(i)
Document 1
Filed 07/05/16
Page 11 of 23
(j)
Defendants' Pant Back pattern is substantially similar to the Sure-Fit Pant Front
Master Pattern protected by the Sure-Fit Children's Kit Copyright;
(k)
(l)
(m)
(n)
Defendants' Pointed Pocket Flap, Square Pocket Flap, and Curved Pocket Flap
patterns are substantially similar to the Sure-Fit Pocket Flap Master Pattern
protected by the Sure-Fit Children's Kit Copyright; and
(o)
Defendants' Rounded Bib, Angled Bib, and Curved Bib patterns are
substantially similar to the Sure-Fit Bib Shapes Master Pattern protected by the
Sure-Fit Children's Kit Copyright.
31.
Case 6:16-cv-01368-MC
Document 1
Filed 07/05/16
Page 12 of 23
Case 6:16-cv-01368-MC
Document 1
Filed 07/05/16
Page 13 of 23
Case 6:16-cv-01368-MC
Document 1
Filed 07/05/16
Page 14 of 23
Case 6:16-cv-01368-MC
32.
Document 1
Filed 07/05/16
Page 15 of 23
Defendant Oticca Beamer has, and at all material times had, knowledge of the
infringing conduct of FAF and BAA with respect to the Sure-Fit Children's Kit and the Sure-Fit
Children's Kit Copyright.
33.
Defendant Oticca Beamer does, and at all material times did, induce, cause, and/or
materially contribute to the infringing conduct of FAF and BAA with respect to the Sure-Fit
Children's Kit and the Sure-Fit Children's Kit Copyright.
34.
Defendant Oticca Beamer has, and at all material times had, the right and ability to
supervise the infringing conduct of FAF and BAA with respect to the Sure-Fit Children's Kit and
the Sure-Fit Children's Kit Copyright.
35.
Defendant Oticca Beamer has, and at all material times had, a direct financial interest
in the infringing conduct of FAF and BAA with respect to the Sure-Fit Children's Kit and the
Sure-Fit Children's Kit Copyright.
Page 15 - COMPLAINT FOR COPYRIGHT INFRINGEMENT
STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840
Case 6:16-cv-01368-MC
36.
Document 1
Filed 07/05/16
Page 16 of 23
authorization of Sure-Fit and in knowing and willful violation of Sure-Fit's intellectual property
rights.
Defendants' Infringement of Sure-Fit's Pants Kit Copyright
37.
Defendants have been in possession of Sure-Fit's Pants Kit for at least 10 years.
38.
Defendants have copied and/or created derivative works from Sure-Fit's Pants Kit
For example, Defendants make, market, offer, and sell a "Ladies Pant Template
Package", which includes, among other things, the following patterns: Pant Front, Pant Back,
Waistband, Fly Front Extension, Zipper Guard, and Side Seam Pocket, all for use with an
included Sizing Template.
(a)
Defendants' Pant Front pattern is substantially similar to the Sure-Fit Pant Front
Master Pattern protected by the Sure-Fit Pants Kit Copyright;
(b)
Defendants' Pant Back pattern is substantially similar to the Sure-Fit Pant Back
Master Pattern protected by the Sure-Fit Pants Kit Copyright;
(c)
(d)
(e)
Case 6:16-cv-01368-MC
40.
Document 1
Filed 07/05/16
Page 17 of 23
Defendants' Ladies Pant Template Package also includes, among other things, a
document entitled "Ladies Pant Template Instructional Booklet", elements of which are
substantially similar to elements of the Sure-Fit Pants Kit Instruction Book protected by the
Sure-Fit Pants Kit Copyright.
41.
Defendant Oticca Beamer has, and at all material times had, knowledge of the
infringing conduct of FAF and BAA with respect to the Sure-Fit Pants Kit and the Sure-Fit Pants
Kit Copyright.
42.
Defendant Oticca Beamer does, and at all material times did, induce, cause, and/or
materially contribute to the infringing conduct of FAF and BAA with respect to the Sure-Fit
Pants Kit and the Sure-Fit Pants Kit Copyright.
43.
Defendant Oticca Beamer has, and at all material times had, the right and ability to
supervise the infringing conduct of FAF and BAA with respect to the Sure-Fit Pants Kit and the
Sure-Fit Pants Kit Copyright.
44.
Defendant Oticca Beamer has, and at all material times had, a direct financial interest
in the infringing conduct of FAF and BAA with respect to the Sure-Fit Pants Kit and the Sure-Fit
Pants Kit Copyright.
45.
authorization of Sure-Fit and in knowing and willful violation of Sure-Fit's intellectual property
rights.
Defendants' Infringement of Sure-Fit's Shirt Kit Copyright
46.
Defendants have been in possession of Sure-Fit's Shirt Kit for at least 10 years.
47.
Defendants have copied and/or created derivative works from Sure-Fit's Shirt Kit
Case 6:16-cv-01368-MC
48.
Document 1
Filed 07/05/16
Page 18 of 23
For example, Defendants make, market, offer, and sell a "Ladies Shirt Template
Package", which includes, among other things, the following patterns: Ladies Shirt Front, Ladies
Shirt Back, Ladies Shirt Long Sleeve, Cuff, Collar Stand, Collar, Pocket Flap (Rounded), Pocket
Flap (Square), Pocket Flap (Pointed), and Pocket Flap (Western), all for use with an included
Sizing Template.
(a)
(b)
(c)
(d)
(e)
(f)
(g)
Case 6:16-cv-01368-MC
49.
Document 1
Filed 07/05/16
Page 19 of 23
Defendants' Ladies Shirt Template Package also includes, among other things, a
document entitled "Ladies Shirt Template Instructional Booklet", elements of which are
substantially similar to elements of the Sure-Fit Shirt Kit Instruction Book protected by the SureFit Shirt Kit Copyright.
50.
Defendant Oticca Beamer has, and at all material times had, knowledge of the
infringing conduct of FAF and BAA with respect to the Sure-Fit Shirt Kit and the Sure-Fit Shirt
Kit Copyright.
51.
Defendant Oticca Beamer does, and at all material times did, induce, cause, and/or
materially contribute to the infringing conduct of FAF and BAA with respect to the Sure-Fit
Shirt Kit and the Sure-Fit Shirt Kit Copyright.
52.
Defendant Oticca Beamer has, and at all material times had, the right and ability to
supervise the infringing conduct of FAF and BAA with respect to the Sure-Fit Shirt Kit and the
Sure-Fit Shirt Kit Copyright.
53.
Defendant Oticca Beamer has, and at all material times had, a direct financial interest
in the infringing conduct of FAF and BAA with respect to the Sure-Fit Shirt Kit and the Sure-Fit
Shirt Kit Copyright.
54.
authorization of Sure-Fit and in knowing and willful violation of Sure-Fit's intellectual property
rights.
PLAINTIFF'S FIRST CLAIM
(Copyright InfringementAgainst all Defendants)
55.
Case 6:16-cv-01368-MC
56.
Document 1
Filed 07/05/16
Page 20 of 23
Plaintiff owns the Dress Kit Copyright, the Children's Kit Copyright, the Pants Kit
Copyright, and the Shirt Kit Copyright (collectively, the "Subject Copyrights").
57.
Defendants had access to Plaintiff's Dress Kit, Children's Kit, Pants Kit, and Shirt Kit.
58.
derivative works based upon Plaintiff's Dress Kit, Children's Kit, Pants Kit, and Shirt Kit
(collectively, the "Subject Works"), and by making, selling, offering to sell, and distributing
infringing products throughout the United States, including in Oregon.
59.
Defendants have acted, and are acting, without the permission, license, consent, or
authorization of Plaintiff.
60.
Defendants' acts of copyright infringement have caused and are causing Plaintiff
Defendants' acts of copyright infringement have been and are being committed with
actual knowledge of Plaintiff's rights in and to the Subject Works and the Subject Copyrights,
and are willful and in gross disregard of Plaintiff's rights. Accordingly, Plaintiff is entitled to an
award of enhanced damages of up to $150,000 per act of infringement pursuant to 17 U.S.C.
504(c)(2).
63.
Defendants' acts of copyright infringement have caused and are causing substantial
and irreparable harm to Plaintiff and Plaintiff's rights in and to the Subject Works and the
Subject Copyrights, and, unless restrained, Defendants' infringement will cause further
Page 20 - COMPLAINT FOR COPYRIGHT INFRINGEMENT
STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840
Case 6:16-cv-01368-MC
Document 1
Filed 07/05/16
Page 21 of 23
irreparable injury, leaving Plaintiff with no adequate remedy at law. Accordingly, pursuant to 17
U.S.C. 502, Plaintiff is entitled to injunctive relief against Defendants, and anyone associated
with Defendants, to restrain further acts of infringement.
PLAINTIFF'S SECOND CLAIM
(Vicarious Copyright InfringementAgainst Defendant Oticca Beamer)
64.
Defendant Oticca Beamer has, and at all material times had, the right and ability to
supervise the infringing conduct of the other Defendants with respect to the Subject Works and
the Subject Copyrights.
66.
Defendant Oticca Beamer has, and at all material times had, a direct financial interest
in the other Defendants' infringement of Plaintiff's rights in and to the Subject Works and the
Subject Copyrights.
67.
Accordingly, Defendant Oticca Beamer is jointly and severally liable for the other
Defendants' infringement of Plaintiff's rights in and to the Subject Works and the Subject
Copyrights.
PLAINTIFF'S THIRD CLAIM
(Contributory Copyright InfringementAgainst Defendant Oticca Beamer)
68.
Defendant Oticca Beamer has, and at all material times had, knowledge of the other
Defendants' infringing conduct with respect to the Subject Works and the Subject Copyrights.
Case 6:16-cv-01368-MC
70.
Document 1
Filed 07/05/16
Page 22 of 23
Defendant Oticca Beamer does, and at all material times did, induce, cause, and/or
materially contribute to the other Defendants' infringement of Plaintiff's rights in and to the
Subject Works and the Subject Copyrights.
71.
Accordingly, Defendant Oticca Beamer is jointly and severally liable for the other
Defendants' infringement of Plaintiff's rights in and to the Subject Works and the Subject
Copyrights.
PRAYER
WHEREFORE, Plaintiff prays for the following relief:
A.
managers, attorneys, representatives, affiliates, subsidiaries, successors and assigns, and all those
in concert or participation with any of them, be permanently enjoined from (1) reproducing or
preparing derivative works based upon any of the Subject Works or any protected element
thereof; (2) selling, offering to sell, distributing, or using any item comprising or containing any
reproduction of the any of the Subject Works or any protected element thereof; and (3) using,
selling, offering to sell, distributing, or using any item comprising or containing any derivative
work based upon any of the Subject Works or any protected element thereof.
B.
That Plaintiff be awarded its costs and reasonable attorney's fees pursuant to 17
U.S.C. 505;
Page 22 - COMPLAINT FOR COPYRIGHT INFRINGEMENT
STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840
Case 6:16-cv-01368-MC
E.
Document 1
Filed 07/05/16
Page 23 of 23
That Defendants be ordered (1) to destroy all materials made or used by them in
violation of Plaintiff's rights, including all electronic files or other articles by means of which
such materials may be reproduced, and (2) to provide an accounting of such destruction in a form
and manner that is acceptable to Plaintiff and the Court;
F.
That Plaintiff be awarded such further legal and equitable relief as the Court may
deem proper.
JURY DEMAND
Pursuant to Federal Rules of Civil Procedure 38(b), Plaintiff hereby demands a trial by
jury as to all issues so triable in this action.
DATED this 5th day of July, 2016.
STOLL STOLL BERNE LOKTING & SHLACHTER P.C.