Case 2:19-cv-09377-FMO-AGR Document 1 Filed 10/31/19 Page 1 of 43 Page ID #:1
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`Stephen M. Doniger (SBN 179314)
`stephen@donigerlawfirm.com
`Scott Alan Burroughs (SBN 235718)
`scott@donigerlawfirm.com
`DONIGER / BURROUGHS
`603 Rose Avenue
`Venice California 90291
`Telephone: (310) 590-1820
`Attorneys for Plaintiff
`
`
`HILLARY WHITE, an individual;
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`Plaintiff,
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`v.
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`AMAZON.COM, INC., a Delaware
`Corporation; and DOES 1-10,
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`Defendants.
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
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` Case No.:
`
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` PLAINTIFF’S COMPLAINT FOR:
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`1. COPYRIGHT
`INFRINGEMENT
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`2. VICARIOUS AND/OR
`CONTRIBUTORY
`COPYRIGHT
`INFRINGEMENT
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`
` Jury Trial Demanded
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`
`Plaintiff Hillary White (“White” or “Plaintiff”), by and through her
`undersigned attorney, hereby prays to this honorable Court for relief based on the
`following:
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`INTRODUCTION
`Plaintiff Hillary White is a Maine artist whose unique artwork incorporates
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`various themes, including 1980s redux-inspired t-shirt designs. White’s livelihood is
`dependent on her ability to license her artwork and sell merchandise bearing her
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`COMPLAINT
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`Case 2:19-cv-09377-FMO-AGR Document 1 Filed 10/31/19 Page 2 of 43 Page ID #:2
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`designs. Unfortunately, White’s artwork has been misappropriated and incorporated
`into unauthorized apparel and personal accessory items being sold on Amazon.com,
`Inc.’s (“Amazon”) website and marketplace, www.amazon.com (“Amazon Website”).
`Despite the fact that Plaintiff has submitted a significant number of DMCA takedown
`notices to Amazon for the products on the Amazon Website, the DMCA takedown
`notices were largely ignored for months (until the filing of suit) and Plaintiff’s
`copyrights continue to be infringed. Further, even if Amazon takes a product listing
`down, many times it is simply reposted. This action is brought to address Amazon’s
`failure to comply with Plaintiff’s DMCA notices and the resulting ongoing and willful
`infringement of Plaintiffs’ rights in and to her artwork.
`JURISDICTION AND VENUE
`1. This action arises under the Copyright Act of 1976, Title 17 U.S.C., §§
`101 et seq.
`2. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and
`1338(a).
`3. Defendant Amazon.com, Inc. is subject to personal jurisdiction in
`California because it conducts substantial business in this district, has systematic and
`continuous contacts with this district, and avails itself of the privileges and benefits of
`California law.
`4. Venue in this judicial district is proper under 28 U.S.C. §§ 1391(b)(2)
`and (c)(2) because Defendant is subject to personal jurisdiction in this district.
`PARTIES
`5. Plaintiff Hillary White (“Plaintiff”) is an individual domiciled and
`residing in Belfast, Maine.
`6. Plaintiff is informed and believes and thereon alleges that Defendant
`Amazon.com, Inc. is a corporation organized and existing under the laws of the State
`of Delaware with its corporate headquarters located in Seattle, Washington and
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`Case 2:19-cv-09377-FMO-AGR Document 1 Filed 10/31/19 Page 3 of 43 Page ID #:3
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`Arlington Virginia, and major corporate offices (over 350,000 square feet of space)
`in Los Angeles, California.
`7. Plaintiff is informed and believes and thereon alleges that Defendants
`Does 1-10, inclusive, are manufacturers and/or vendors of products offered for sale
`on the Amazon Website, which Doe Defendants have manufactured, imported,
`supplied and distributed apparel and other products bearing unlawful reproductions
`of Plaintiff’s artworks “The Bodacious Period,” “Street Cats,” “Fanny Pack,”
`“Cretaceous Nights,” “Bury Me With My Cats,” “My Eyes Are Up Here,”
`“Kittycorn Pizza Rainbows,” “Golden Believer,” “Wolf Beach,” “Most Meowgical
`Sweater,” “Yet Another Skull Shirt,” “I Larva You,” and “Bathe Atop a Mountain
`of Skulls” (“Subject Designs”) without Plaintiff’s consent, or have contributed to
`said infringement. The true names, whether corporate, individual or otherwise of
`Defendants Does 1-10, inclusive, are presently unknown to Plaintiff, who therefore
`sues said Defendants by such fictitious names and will seek leave to amend this
`complaint to show their true names and capacities when the same have been
`ascertained.
`8. Plaintiff is informed and believes and thereon alleges that at all times
`relevant hereto each of the Defendants was the agent, affiliate, officer, director,
`manager, principal, alter-ego, and/or employee of the remaining Defendants and was
`at all times acting within the scope of such agency, affiliation, alter-ego relationship
`and/or employment; and actively participated in or subsequently ratified and
`adopted, or both, each and all of the acts or conduct alleged, with full knowledge of
`all the facts and circumstances, including, but not limited to, full knowledge of each
`and every violation of Plaintiff’s rights and the damages to Plaintiff proximately
`caused thereby.
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`Case 2:19-cv-09377-FMO-AGR Document 1 Filed 10/31/19 Page 4 of 43 Page ID #:4
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`CLAIMS RELATED TO PLAINTIFF’S DESIGN
`“THE BODACIOUS PERIOD”
`9. Prior to the conduct complained of herein, Plaintiff composed an
`original two-dimensional artwork for use, license and sale as a t-shirt design which
`was given the title “The Bodacious Period” (the “BP Artwork”). The BP Artwork
`was a creation of Plaintiff, and is, and at all relevant times was, owned exclusively
`by Plaintiff.
`10. Plaintiff applied for a United States copyright registration for the BP
`Artwork. The resulting U.S. Copyright Registration No. VA 2-137-577 has an
`effective date of July 5, 2018.
`11. Prior to the acts complained of herein, Plaintiff posted the BP Artwork
`in her online portfolio on DeviantArt.com and offered it for sale on t-shirts via
`websites
`including, but not
`limited
`to RedBubble.com, TeePublic.com,
`NeatoShop.com, Threadless.com, and Society6.com.
`12. Following Plaintiff’s publication and distribution of products bearing
`the BP Artwork, she discovered that certain entities and individuals had
`misappropriated the design and were selling apparel and personal accessory products
`bearing illegal reproductions of the BP Artwork on the Amazon Website.
`13. Plaintiff is informed and believes and thereon alleges that, without
`Plaintiff’s authorization, the above-named Defendant and the DOE Defendants
`created, sold, manufactured, caused to be created, manufactured, imported and/or
`distributed, apparel and other products bearing designs which are identical to the BP
`Artwork (“Infringing BP Product”). Below is a comparison of Plaintiff’s BP Artwork
`and one exemplar of Infringing BP Product:
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`///
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`Case 2:19-cv-09377-FMO-AGR Document 1 Filed 10/31/19 Page 5 of 43 Page ID #:5
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`The BP Artwork
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`Infringing BP Product Exemplar
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`14. The above comparison clearly shows that the elements, composition,
`colors, arrangement, layout, and appearance of the designs at issue are substantially
`similar and/or identical.
`15. The above exemplar is non-inclusive, and the allegations set forth herein
`are as to all product sold by Defendants, and each of them, that bear a design that is
`substantially similar to the BP Artwork.
`16. On April 2, 2019, Plaintiff submitted a notice of copyright infringement
`to Amazon’s legal department, in compliance with the Digital Millennium Copyright
`Act (“DMCA”). The notice was submitted via email to Amazon’s registered
`copyright agent at copyright@amazon.com.
`17. The notice alerted Amazon to fifty-one (51) Amazon Website listings
`offering Infringing BP Product and requested removal of all 51 listings. In response,
`Plaintiff received an automated message confirming Amazon’s receipt of Plaintiff’s
`DMCA notice and promising a substantive response within two days. Plaintiff
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`Case 2:19-cv-09377-FMO-AGR Document 1 Filed 10/31/19 Page 6 of 43 Page ID #:6
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`received no further communication from Amazon regarding these listings until June
`4, 2019, when 50 out of the 51 infringing links were finally deactivated, over two
`months after the initial DMCA notice. Sometime after the filing of this complaint,
`the final reported link was deactivated.
`18. On July 15, 2019, Plaintiff submitted a notice of copyright infringement
`to Amazon’s legal department, in compliance with the Digital Millennium Copyright
`Act (“DMCA”). The notice was submitted via email to Amazon’s registered
`copyright agent at copyright@amazon.com.
`19. The notice alerted Amazon to sixty-nine (69) Amazon Website listings
`offering Infringing BP Product and requested removal of all 69 listings. In response,
`Plaintiff received an automated message confirming Amazon’s receipt of Plaintiff’s
`DMCA notice and promising a substantive response within two days. Though
`Plaintiff received a substantive response from Amazon on July 16, 2019, assuring
`Plaintiff that all links had been removed, two of the reported links remained active
`at least until July 25, 2019.
`20. On July 18, 2019, Plaintiff submitted another notice of copyright
`infringement to Amazon’s legal department, in compliance with the Digital
`Millennium Copyright Act (“DMCA”). The notice was submitted via email to
`Amazon’s registered copyright agent at copyright@amazon.com.
`21. The notice alerted Amazon to fifteen (15) Amazon Website listings
`offering Infringing BP Product and requested removal of all 15 listings. In response,
`Plaintiff received an automated message confirming Amazon’s receipt of Plaintiff’s
`DMCA notice and promising a substantive response within two days. Plaintiff
`received no further communication from Amazon regarding these listings, and all
`fifteen reported links remained active at least until July 25, 2019.
`22. In total, between April 2, 2019 and August 24, 2019, Plaintiff submitted
`14 DMCA Notices to Amazon, reporting a total of 205 links offering Infringing BP
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`Case 2:19-cv-09377-FMO-AGR Document 1 Filed 10/31/19 Page 7 of 43 Page ID #:7
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`Product.
`CLAIMS RELATED TO PLAINTIFF’S DESIGN “STREET CATS”
`23. Prior to the conduct complained of herein, Plaintiff composed an
`original two-dimensional artwork for use, license and sale as a t-shirt design which
`was given the title “Street Cats” (the “SC Artwork”). The SC Artwork was a creation
`of Plaintiff, and is, and at all relevant times was, owned exclusively by Plaintiff.
`24. Plaintiff applied for a United States copyright registration for the SC
`Artwork. The resulting U.S. Copyright Registration No. VA 2-145-686 has an
`effective date of March 27, 2019.
`25. Prior to the acts complained of herein, Plaintiff posted the SC Artwork
`in her online portfolio on DeviantArt.com and offered it for sale on t-shirts via
`websites
`including, but not
`limited
`to TeePublic.com, RedBubble.com,
`Threadless.com, and NeatoShop.com.
`26. Following Plaintiff’s publication and distribution of products bearing
`the SC Artwork, she discovered that certain entities and individuals had
`misappropriated the design and were selling apparel and personal accessory products
`bearing illegal reproductions of the SC Artwork on the Amazon Website.
`27. Plaintiff is informed and believes and thereon alleges that, without
`Plaintiff’s authorization, the above-named Defendant and the DOE Defendants
`created, sold, manufactured, caused to be manufactured, imported and/or distributed
`various apparel and products bearing designs which are identical to the SC Artwork
`(“Infringing SC Product”). Below is a comparison of Plaintiff’s SC Artwork and
`one exemplar of Infringing SC Product:
`///
`///
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`Case 2:19-cv-09377-FMO-AGR Document 1 Filed 10/31/19 Page 8 of 43 Page ID #:8
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`The SC Artwork
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`Infringing SC Product Exemplar
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`28. The above comparison clearly shows that the elements, composition,
`colors, arrangement, layout, and appearance of the designs at issue are substantially
`similar and/or identical.
`29. The above exemplar is non-inclusive, and the allegations set forth herein
`are as to all product sold by Defendants, and each of them, that bear a design that is
`substantially similar to the SC Artwork.
`30. On April 7, 2019, Plaintiff submitted a notice of copyright infringement
`to Amazon’s legal department, in compliance with the DMCA. The notice was
`submitted
`via
`email
`to Amazon’s
`registered
`copyright
`agent
`at
`copyright@amazon.com.
`31. The notice alerted Amazon to four (4) Amazon Website listings offering
`Infringing SC Product and requested removal of all four listings. In response,
`Plaintiff received an automated message confirming Amazon’s receipt of Plaintiff’s
`DMCA notice and promising a substantive response within two days. Plaintiff
`received no further communication from Amazon regarding these listings and they
`remained active until sometime after the filing of Plaintiff’s original complaint.
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`Case 2:19-cv-09377-FMO-AGR Document 1 Filed 10/31/19 Page 9 of 43 Page ID #:9
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`32. On April 25, 2019, Plaintiff submitted another notice of copyright
`infringement
`to Amazon,
`to Amazon’s
`registered copyright agent at
`copyright@amazon.com. Plaintiff alerted Amazon to twenty-three (23) additional
`Amazon Website listings offering Infringing SC Product and requested removal of
`all 23 listings. Plaintiff again received an automated response. Plaintiff received no
`further communication from Amazon regarding these listings, and at least four of
`the reported links remained active at the time of the filing of Plaintiff’s original
`complaint. These links were finally removed sometime after the filing of Plaintiff’s
`original complaint.
`33. On June 17, 2019, Plaintiff submitted a notice of copyright infringement
`to Amazon’s legal department, in compliance with the DMCA. The notice was
`submitted
`via
`email
`to Amazon’s
`registered
`copyright
`agent
`at
`copyright@amazon.com.
`34. The notice alerted Amazon to forty-eight (48) Amazon Website listings
`offering Infringing SC Product and requested removal of all 48 listings. In response,
`Plaintiff received an automated message confirming Amazon’s receipt of Plaintiff’s
`DMCA notice and promising a substantive response within two days. Plaintiff
`received no further communication from Amazon regarding these listings. Three of
`the reported links remained active at least until July 25, 2019, and one reported link
`remained active until August 1, 2019. Each of these four reported links contained a
`statement on the product page indicating that the Infringing SC Product offered
`“ships from” and is “sold by Amazon.com.”
`35. On, September 24, 2019, Plaintiff submitted a notice of copyright
`infringement to Amazon’s legal department, in compliance with the DMCA. The
`notice was submitted via email to Amazon’s registered copyright agent at
`copyright@amazon.com.
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`Case 2:19-cv-09377-FMO-AGR Document 1 Filed 10/31/19 Page 10 of 43 Page ID #:10
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`36. The notice alerted Amazon to one (1) Amazon Website listings offering
`Infringing SC Product and requested removal of the listing. In response, Plaintiff
`received an automated message confirming Amazon’s receipt of Plaintiff’s DMCA
`notice and promising a substantive response within two days. Plaintiff received no
`further communication from Amazon regarding this listing and it remains active
`until sometime after the filing of Plaintiff’s original complaint.
`In total, between April 2, 2019 and September 24, 2019, Plaintiff
`37.
`submitted 31 DMCA notices to Amazon, reporting a total of 377 links offering
`Infringing SC Product.
`CLAIMS RELATED TO PLAINTIFF’S DESIGN “FANNY PACK”
`38. Prior to the conduct complained of herein, Plaintiff composed an
`original two-dimensional artwork for use, license and sale as a t-shirt design which
`was given the title “Fanny Pack” (the “FP Artwork”). The FP Artwork was a
`creation of Plaintiff, and is, and at all relevant times was, owned exclusively by
`Plaintiff.
`39. Plaintiff applied for a United States copyright registration for the FP
`Artwork. The resulting U.S. Copyright Registration No. VA 2-145-029 has an
`effective date of March 2, 2019.
`40. Prior to the acts complained of herein, Plaintiff posted the FP Artwork
`in her online portfolio on DeviantArt.com and offered it for sale on t-shirts via
`websites
`including, but not
`limited
`to RedBubble.com, TeePublic.com,
`NeatoShop.com, and Society6.com.
`41. Following Plaintiff’s publication and distribution of products bearing
`the FP Artwork, she discovered that certain entities and individuals had
`misappropriated the design and were selling apparel and personal accessory products
`bearing illegal reproductions of the FP Artwork on the Amazon Website.
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`Case 2:19-cv-09377-FMO-AGR Document 1 Filed 10/31/19 Page 11 of 43 Page ID #:11
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`42. Plaintiff is informed and believes and thereon alleges that, without
`Plaintiff’s authorization, the above-named Defendant and the DOE Defendants
`created, sold, manufactured, caused to be manufactured, imported and/or distributed
`various apparel and products bearing designs which are identical to the FP Artwork
`(“Infringing FP Product”). Below is a comparison of Plaintiff’s FP Artwork and one
`exemplar of Infringing FP Product:
`The FP Artwork
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`Infringing FP Product Exemplar
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`43. The above comparison clearly shows that the elements, composition,
`colors, arrangement, layout, and appearance of the designs at issue are substantially
`similar and/or identical.
`44. The above exemplar is non-inclusive, and the allegations set forth herein
`are as to all product sold by Defendants, and each of them, that bear a design that is
`substantially similar to the FP Artwork.
`45. On April 11, 2019, Plaintiff submitted a notice of copyright
`infringement to Amazon’s Legal Department, in compliance with the DMCA. The
`notice was submitted via email to Amazon’s registered copyright agent at
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`Case 2:19-cv-09377-FMO-AGR Document 1 Filed 10/31/19 Page 12 of 43 Page ID #:12
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`copyright@amazon.com.
`46. The notice alerted Amazon to ten (10) Amazon Website listings offering
`Infringing FP Product and requested removal of all ten listings. In response, Plaintiff
`received an automated message confirming Amazon’s receipt of Plaintiff’s DMCA
`notice and promising a substantive response within two days. Plaintiff received no
`further communication from Amazon regarding these listings, and, at the time of the
`filing of Plaintiff’s original complaint, all but one of the infringing links remained
`active. Sometime following the initiation of this litigation, these links were finally
`deactivated.
`47. In total, between April 2, 2019 and August 24, 2019, Plaintiff submitted 5
`DMCA Notices to Amazon, reporting a total of 14 links offering Infringing FP
`Product.
`CLAIMS RELATED TO PLAINTIFF’S DESIGN “CRETACEOUS NIGHTS”
`48. Prior to the conduct complained of herein, Plaintiff composed an
`original two-dimensional artwork for use, license and sale as a t-shirt design which
`was given the title “Cretaceous Nights” (the “CN Artwork”). This artwork was a
`creation of Plaintiff, and is, and at all relevant times was, owned exclusively by
`Plaintiff.
`49. Plaintiff applied for a United States copyright registration for the CN
`Artwork. The resulting U.S. Copyright Registration No. VA 2-145-022 has an
`effective date of March 10, 2019.
`50. Prior to the acts complained of herein, Plaintiff posted the CN Artwork
`in her online portfolio on DeviantArt.com and offered it for sale on t-shirts via
`websites
`including, but not
`limited
`to RedBubble.com, TeePublic.com,
`NeatoShop.com, and Threadless.com.
`51. Following Plaintiff’s publication and distribution of products bearing
`the CN Artwork, she discovered that certain entities and individuals had
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`Case 2:19-cv-09377-FMO-AGR Document 1 Filed 10/31/19 Page 13 of 43 Page ID #:13
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`misappropriated the design and were selling apparel and personal accessory products
`bearing illegal reproductions of the CN Artwork on the Amazon Website.
`52. Plaintiff is informed and believes and thereon alleges that without
`Plaintiff’s authorization, the above-named Defendant and the DOE Defendants
`created, sold, manufactured, caused to be manufactured, imported and/or distributed
`various apparel and products bearing designs which are identical to the CN Artwork
`(“Infringing CN Product”). Below is a comparison of Plaintiff’s CN Artwork and
`one exemplar of Infringing CN Product:
`The CN Artwork
`
`Infringing CN Product Exemplar
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`53. The above comparison clearly shows that the elements, composition,
`colors, arrangement, layout, and appearance of the designs at issue are substantially
`similar and/or identical.
`54. The above exemplar is non-inclusive, and the allegations set forth herein
`are as to all product sold by Defendants, and each of them, that bear a design that is
`substantially similar to the CN Artwork.
`55. On April 11, 2019, Plaintiff submitted a notice of copyright
`infringement to Amazon’s legal department, in compliance with the DMCA. The
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`Case 2:19-cv-09377-FMO-AGR Document 1 Filed 10/31/19 Page 14 of 43 Page ID #:14
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`notice was submitted via email to Amazon’s registered copyright agent at
`copyright@amazon.com.
`56. The notice alerted Amazon to six (6) Amazon Website listings offering
`Infringing CN Product and requested removal of all six links. In response, Plaintiff
`received an automated message confirming Amazon’s receipt of Plaintiff’s DMCA
`notice and promising a substantive response within two days. Plaintiff received no
`further communication from Amazon regarding these listings, and all reported
`infringing links remained active at the time of the filing of Plaintiff’s original
`complaint. Sometime following the initiation of this litigation, the reported
`infringing links were finally deactivated.
`57. In total, between April 2, 2019 and August 24, 2019, Plaintiff submitted 11
`DMCA Notices to Amazon, reporting a total of 40 links offering Infringing CN
`Product.
`
`CLAIMS RELATED TO PLAINTIFF’S DESIGN
`“BURY ME WITH MY CATS”
`58. Prior to the conduct complained of herein, Plaintiff composed an
`original two-dimensional artwork for use, license and sale as a t-shirt design which
`was given the title “Bury Me With My Cats” (the “BMWC Artwork”). This artwork
`was a creation of Plaintiff, and is, and at all relevant times was, owned exclusively
`by Plaintiff.
`59. Plaintiff applied for a United States copyright registration for the
`BMWC Artwork. The resulting U.S. Copyright Registration No. VA 2-145-673 has
`an effective date of March 19, 2019.
`60. Prior to the acts complained of herein, Plaintiff posted the BMWC
`Artwork in her online portfolio on DeviantArt.com and offered it for sale on t-shirts
`via websites including, but not limited to Threadless.com, NeatoShop.com,
`TeePublic.com, and RedBubble.com.
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`Case 2:19-cv-09377-FMO-AGR Document 1 Filed 10/31/19 Page 15 of 43 Page ID #:15
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`61. Following Plaintiff’s publication and distribution of products bearing
`the BMWC Artwork, she discovered that certain entities and individuals had
`misappropriated the design and were selling apparel and personal accessory products
`bearing illegal reproductions of the BMWC Artwork on the Amazon Website.
`62. Plaintiff is informed and believes and thereon alleges that, without
`Plaintiff’s authorization, the above-named Defendant and the DOE Defendants
`created, sold, manufactured, caused to be manufactured, imported and/or distributed
`apparel and products bearing designs which are identical to the BMWC Artwork
`(“Infringing BMWC Product”). Below is a comparison of Plaintiff’s BMWC
`Artwork and one exemplar of Infringing BMWC Product:
`The BMWC Artwork
`Infringing BMWC Product Exemplar
`
`
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`63. The above comparison clearly shows that the elements, composition,
`colors, arrangement, layout, and appearance of the designs at issue are substantially
`similar and/or identical.
`64. The above exemplar is non-inclusive, and the allegations set forth herein
`are as to all product sold by Defendants, and each of them, that bear a design that is
`substantially similar to the BMWC Artwork.
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`Case 2:19-cv-09377-FMO-AGR Document 1 Filed 10/31/19 Page 16 of 43 Page ID #:16
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`65. On May 2, 2019, Plaintiff submitted a notice of copyright infringement
`to Amazon’s legal department, in compliance with the DMCA. The notice was
`submitted
`via
`email
`to Amazon’s
`registered
`copyright
`agent
`at
`copyright@amazon.com.
`66. The notice alerted Amazon to eleven (11) Amazon Website listings
`offering Infringing BMWC Product and requested removal of all 11 listings. In
`response, Plaintiff received an automated message confirming Amazon’s receipt of
`Plaintiff’s DMCA notice and promising a substantive response within two days.
`Plaintiff received no further communication from Amazon regarding these listings,
`and, at the time of the filing of Plaintiff’s original complaint, all but two of the
`infringing links remained active. These links were finally deactivated sometime
`after the initiation of this litigation.
`67. On June 10, 2019, Plaintiff again submitted notice of copyright
`infringement to Amazon’s legal department, in compliance with the DMCA. The
`notice was submitted via email to Amazon’s registered copyright agent at
`copyright@amazon.com.
`68. The notice alerted Amazon to sixty-one (61) Amazon Website listings
`offering Infringing BMWC Product and requested removal of all 61 listings. In
`response, Plaintiff received an automated message confirming Amazon’s receipt of
`Plaintiff’s DMCA notice and promising a substantive response within two days.
`Plaintiff received no further communication from Amazon regarding these listings,
`and four of the infringing links remained active at least until July 25, 2019.
`69. In total, between April 2, 2019 and August 24, 2019, Plaintiff submitted
`8 DMCA notices to Amazon, reporting a total of 94 links offering Infringing BMWC
`Product.
`///
`///
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`Case 2:19-cv-09377-FMO-AGR Document 1 Filed 10/31/19 Page 17 of 43 Page ID #:17
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`CLAIMS RELATED TO PLAINTIFF’S DESIGN “MY EYES ARE UP HERE”
`70. Prior to the conduct complained of herein, Plaintiff composed an
`original two-dimensional artwork for use, license and sale as a t-shirt design which
`was given the title “My Eyes Are Up Here” (the “MEUH Artwork”). This artwork
`was a creation of Plaintiff, and is, and at all relevant times was, owned exclusively
`by Plaintiff.
`71. Plaintiff applied for a United States copyright registration for the MEUH
`Artwork. The resulting U.S. Copyright Registration No. VA 2-145-132 has an
`effective date of March 2, 2019.
`72. Prior to the acts complained of herein, Plaintiff posted the MEUH
`Artwork in her online portfolio on DeviantArt.com and offered it for sale on t-shirts
`via websites including, but not limited to Society6.com, Threadless.com,
`NeatoShop.com, and TeePublic.com.
`73. Following Plaintiff’s publication and distribution of products bearing
`the MEUH Artwork, she discovered that certain entities and individuals had
`misappropriated the design and were selling apparel and personal accessory products
`bearing illegal reproductions of the MEUH Artwork on the Amazon Website.
`74. Plaintiff is informed and believes and thereon alleges that, without
`Plaintiff’s authorization, the above-named Defendant and the DOE Defendants
`created, sold, manufactured, caused to be manufactured, imported and/or distributed
`various apparel and products bearing designs which are identical to the MEUH
`Artwork (“Infringing MEUH Product”). Below is a comparison of Plaintiff’s
`MEUH Artwork and one exemplar of Infringing MEUH Product:
`///
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`Case 2:19-cv-09377-FMO-AGR Document 1 Filed 10/31/19 Page 18 of 43 Page ID #:18
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`The MEUH Artwork
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`Infringing MEUH Product Exemplar
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`75. The above comparison clearly shows that the elements, composition,
`colors, arrangement, layout, and appearance of the designs at issue are substantially
`similar and/or identical.
`76. The above exemplar is non-inclusive, and the allegations set forth herein
`are as to all product sold by Defendants, and each of them, that bear a design that is
`substantially similar to the MEUH Artwork.
`77. On May 7, 2019, Plaintiff submitted a notice of copyright infringement
`to Amazon’s legal department, in compliance with the DMCA. The notice was
`submitted
`via
`email
`to Amazon’s
`registered
`copyright
`agent
`at
`copyright@amazon.com.
`78. The notice alerted Amazon to sixteen (16) Amazon Website listings
`offering Infringing MEUH Artwork Product and requested removal of all 16 listings.
`In response, Plaintiff received an automated message confirming Amazon’s receipt
`of Plaintiff’s DMCA notice and promising a substantive response within two days.
`Plaintiff received no further communication from Amazon regarding these listings,
`and, all sixteen reported infringing links remained active at the time of the filing of
`Plaintiff’s original complaint, to be removed sometime thereafter.
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`Case 2:19-cv-09377-FMO-AGR Document 1 Filed 10/31/19 Page 19 of 43 Page ID #:19
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`79. In total, between April 2, 2019 and August 24, 2019, Plaintiff submitted
`5 DMCA notices to Amazon, reporting a total of 22 links offering Infringing MEUH
`Product.
`
`CLAIMS RELATED TO PLAINTIFF’S DESIGN
`“KITTYCORN PIZZA RAINBOWS”
`80. Prior to the conduct complained of herein, Plaintiff composed an
`original two-dimensional artwork for use, license and sale as a t-shirt design which
`was given the title “Kittycorn Pizza Rainbows” (the “KPR Artwork”). This