CAUSE OF ACTION: VIOLATION OF 17 U.S.C. § 1201
31. Upon information and belief, Defendants gained access to the
Plaintiff’s Registered Copyrighted Book, including the artwork
contained therein, which contained copyright information, including an
express copyright notice. The express copyright notice is considered
“copyright management information” under US Copyright Law (see17
U.S.C. § 1201 et seq.), and Defendant’s intentional removal of it
constitutes a violation of 17 U.S.C. § 1201 et seq. With respect to the
Defendants’ aforesaid further violation of Copyright Law, Plaintiffs
seek the maximum statutory damages of $25,000.00, and attorneys'
fees and costs, for each violation of 17 U.S.C. § 1202, et seq.
See 17 U.S.C. § 1203(c)(3)(b).
32. Moreover, Defendants, without authorization, copied and/or
prepared derivative works from Plaintiffs Registered Copyrighted
Work. These copies and/or derivative works were distributed and
exhibited on the internet at www.target.com. See Exhibit 12, showing
images taken from internet under www.target.com. As elaborated
upon above, Plaintiff’s hold Defendants liable for these and all
Internet website image infringement and violations as well as for the
infringement and violations with respect to the accused shirt.
33. Therefore, the Plaintiff respectfully demands that:
(a) Until this case is decided the Defendant and the Defendant's
agents are enjoined from disposing of any copies of the accused shirt
by sale or otherwise;
(b) The Defendant account for and pay as damages to the
plaintiff all profits and advantages gained from unfair trade practices
and unfair competition in selling the Defendant's book, and all profits
and advantages gained, directly or indirectly, from infringing the
plaintiff's copyright, and from doing so as part of a larger marketing
campaign of which the infringement was a part; Plaintiff expressly
reserves the right to elect statutory damages, and, if possible and
appropriate, as in some prior cases, to receive both actual and
statutory damages.
CAUSE OF ACTION: VIOLATION OF 17 U.S.C. § 120131. Upon information and belief, Defendants gained access to thePlaintiff’s Registered Copyrighted Book, including the artworkcontained therein, which contained copyright information, including anexpress copyright notice. The express copyright notice is considered“copyright management information” under US Copyright Law (see17U.S.C. § 1201 et seq.), and Defendant’s intentional removal of itconstitutes a violation of 17 U.S.C. § 1201 et seq. With respect to theDefendants’ aforesaid further violation of Copyright Law, Plaintiffsseek the maximum statutory damages of $25,000.00, and attorneys'fees and costs, for each violation of 17 U.S.C. § 1202, et seq.See 17 U.S.C. § 1203(c)(3)(b).32. Moreover, Defendants, without authorization, copied and/orprepared derivative works from Plaintiffs Registered CopyrightedWork. These copies and/or derivative works were distributed andexhibited on the internet at www.target.com. See Exhibit 12, showingimages taken from internet under www.target.com. As elaboratedupon above, Plaintiff’s hold Defendants liable for these and allInternet website image infringement and violations as well as for theinfringement and violations with respect to the accused shirt.33. Therefore, the Plaintiff respectfully demands that:(a) Until this case is decided the Defendant and the Defendant'sagents are enjoined from disposing of any copies of the accused shirtby sale or otherwise;(b) The Defendant account for and pay as damages to theplaintiff all profits and advantages gained from unfair trade practicesand unfair competition in selling the Defendant's book, and all profitsand advantages gained, directly or indirectly, from infringing theplaintiff's copyright, and from doing so as part of a larger marketingcampaign of which the infringement was a part; Plaintiff expresslyreserves the right to elect statutory damages, and, if possible andappropriate, as in some prior cases, to receive both actual andstatutory damages.
การแปล กรุณารอสักครู่..