Case 9:21-cv-82154-WPD Document 1 Entered on FLSD Docket 12/01/2021 Page 1 of 13
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF FLORIDA
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`9:21-cv-82154
`Case No. ________________
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`PREPARED FOOD PHOTOS, INC. f/k/a
`ADLIFE MARKETING &
`COMMUNICATIONS CO., INC.,
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`Plaintiff,
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`v.
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`VALLEY MEATS LLC,
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`Defendant.
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`COMPLAINT
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`Plaintiff Prepared Food Photos, Inc. f/k/a Adlife Marketing & Communications Co., Inc.
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`(“Plaintiff”) sues defendant Valley Meats LLC (“Defendant”), and alleges as follows:
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`THE PARTIES
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`1.
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`Plaintiff is a corporation organized and existing under the laws of the State of
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`Florida with its principal place of business located in Palm Beach County, Florida.
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`2.
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`Defendant is a limited liability company organized and existing under the laws of
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`the State of Illinois with its principal place of business located at 2302 First Street, Coal Valley,
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`IL 61240. Defendant’s agent for service of process is: Jeffrey Jobe, 2302 First Street, Coal Valley,
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`IL 61240.
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`JURISDICTION AND VENUE
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`3.
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`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§
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`1331 and 1338(a).
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`4.
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`This Court has personal jurisdiction over Defendant pursuant to Fla. Stat. §§
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`COPYCAT LEGAL PLLC
`3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065
`TELEPHONE (877) 437-6228
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`Case 9:21-cv-82154-WPD Document 1 Entered on FLSD Docket 12/01/2021 Page 2 of 13
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`48.193(1)(a)(2) because it committed a tortious act within this state, and the exercise of personal
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`jurisdiction over it would not offend traditional notices of fair play and substantial justice.
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`“Copyright infringement is a tortious act, and the Florida long-arm statute confers jurisdiction if
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`the effects of the infringement were felt in the state. Here, it is undisputed that Plaintiff is a resident
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`of Florida, and as such the effects of any alleged copyright infringement would be felt in Florida.”
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`Vallejo v. Narcos Prods., LLC, No. 1:18-cv-23462-KMM, 2019 U.S. Dist. LEXIS 198109, at *5
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`(S.D. Fla. June 14, 2019) (citing Roberts v. Gordy, No. 13-24700-CIV, 2015 U.S. Dist. LEXIS
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`180644, 2015 WL 11202580, at *2 (S.D. Fla. Apr. 14, 2015)). Roof & Rack Prods., Inc. v. GYB
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`Inv'rs, LLC, No. 13-80575-CV, 2014 U.S. Dist. LEXIS 92334, at *2 (S.D. Fla. July 8, 2014)
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`(“Copyright infringement is a tortious act, and a person who infringes upon a copyright whose
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`owner resides in Florida causes injury inside the state.”); Venus Fashion, Inc. v. Changchun
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`Chengji Tech. Co., No. 16-61752-CIV-DIMITROULEAS/S, 2016 U.S. Dist. LEXIS 194263, at
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`*6-7 (S.D. Fla. Nov. 2, 2016) (“In cases involving online intellectual property infringement, the
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`posting of an infringing item on a website may cause injury and occur in Florida by virtue of the
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`website's accessibility in Florida, regardless of where the offensive material was posted.”)
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`(collecting cases).
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`5. Venue properly lies in this district pursuant to 28 U.S.C. § 1400(a) because
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`Defendant or its agents reside or may be found in this district. “A defendant ‘may be found’ in a
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`district in which he could be served with process; that is, in a district which may assert personal
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`jurisdiction over the defendant.” Palmer v. Braun, 376 F.3d 1254, 1259-60 (11th Cir. 2004). “In
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`other words, ‘if a court has personal jurisdiction over the defendants in a copyright infringement
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`action, venue in that court’s district is proper.’” McGregor v. In Tune Music Grp., No. 15-62044-
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`CIV-ZLOCH, 2016 U.S. Dist. LEXIS 190302, at *11 (S.D. Fla. July 29, 2016) (quoting Store
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`COPYCAT LEGAL PLLC
`3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065
`TELEPHONE (877) 437-6228
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`Case 9:21-cv-82154-WPD Document 1 Entered on FLSD Docket 12/01/2021 Page 3 of 13
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`Decor Div. of Jas Int'l, Inc. v. Stylex Worldwide Indus., Ltd., 767 F. Supp. 181, 185 (N.D. Ill.
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`1991).
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`I.
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`Plaintiff’s Business
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`FACTS
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`6.
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`Plaintiff is in the business of licensing high-end, professional photographs for the
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`food industry.
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`7.
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`Through its commercial website (www.preparedfoodphotos.com), Plaintiff offers
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`a monthly subscription service which provides access to/license of tens of thousands of
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`professional images.
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`8. As of the date of this pleading, Plaintiff charges its clients (generally, grocery
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`stores, restaurant chains, food service companies, etc.) a monthly fee of $999.00 for access to its
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`library of professional photographs.
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`9.
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`Plaintiff does not license individual photographs or otherwise make individual
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`photographs available for purchase. Plaintiff’s business model relies on its recurring monthly
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`subscription service such that Plaintiff can continue to maintain its impressive portfolio.
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`10. Plaintiff owns each of the photographs available for license on its website and
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`serves as the licensing agent with respect to licensing such photographs for limited use by
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`Plaintiff’s customers. To that end, Plaintiff’s standard terms include a limited, non-transferable
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`license for use of any photograph by the customer only. Plaintiff’s license terms make clear that
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`all copyright ownership remains with Plaintiff and that its customers are not permitted to transfer,
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`assign, or sub-license any of Plaintiff’s photographs to another person/entity.
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`II.
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`The Work at Issue in this Lawsuit
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`11.
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`In 2007,
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`a professional photographer
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`created
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`a photograph
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`titled
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`COPYCAT LEGAL PLLC
`3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065
`TELEPHONE (877) 437-6228
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`Case 9:21-cv-82154-WPD Document 1 Entered on FLSD Docket 12/01/2021 Page 4 of 13
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`“BeefSirloinStripSteak008.jpg” (the “Work”). A copy of the Work is exhibited below.
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`12. The Work was registered by Plaintiff (pursuant to a work-for-hire agreement with
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`the author that transferred all rights and title in the photograph to Plaintiff) with the Register of
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`Copyrights on August 23, 2016 and was assigned Registration No. VA 2-014-708. A true and
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`correct copy of the Certification of Registration pertaining to the Work is attached hereto as
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`Exhibit “A.”
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`13. Plaintiff is the owner of the Work and has remained the owner at all times material
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`hereto.
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`III. Defendant’s Unlawful Activities
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`14. Defendant owns and operates a meat processing/sales business (providing a
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`branded J&B product line as well as custom supply orders) that provides product to businesses
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`throughout the United States.
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`15. Defendant advertises/markets its business primarily through its commercial website
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`(http://www.valleymeatsllc.com/).
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`16. On a date prior to the above-referenced copyright registration of the Work,
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`Defendant published the Work on its website (at http://www.valleymeatsllc.com/PDF/VM-
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`Brochure-Chart.pdf) in connection with the marketing/sale of its products:
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`COPYCAT LEGAL PLLC
`3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065
`TELEPHONE (877) 437-6228
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`Case 9:21-cv-82154-WPD Document 1 Entered on FLSD Docket 12/01/2021 Page 5 of 13
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`A true and correct copy of screenshots of Defendant’s website, displaying the copyrighted Work,
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`is attached hereto as Exhibit “B.”
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`17. The foregoing display of the Work on Defendant’s website was accessible and was
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`in fact accessed from persons in the State of Florida.
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`18. Defendant is not and has never been licensed to use or display the Work. Defendant
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`never contacted Plaintiff to seek permission to use the Work in connection with its
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`website/advertising or for any other purpose – even though the Work that was copied is clearly
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`professional stock photography that would put Defendant on notice that the Work was not intended
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`for public use.
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`19. Defendant utilized the Work for commercial use – namely, in connection with the
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`marketing of Defendant’s business.
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`20. Upon information and belief, Defendant located a copy of the Work on the internet
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`and, rather than contact Plaintiff to secure a license, simply copied the Work for its own
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`commercial use.
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`21. Through its ongoing diligent efforts to identify unauthorized use of its photographs,
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`Plaintiff first discovered Defendant’s unauthorized use/display of the Work in approximately May
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`5
`COPYCAT LEGAL PLLC
`3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065
`TELEPHONE (877) 437-6228
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`Case 9:21-cv-82154-WPD Document 1 Entered on FLSD Docket 12/01/2021 Page 6 of 13
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`2019. Following Plaintiff’s discovery, Plaintiff notified Defendant in writing of such unauthorized
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`use. To date, Plaintiff has been unable to negotiate a reasonable license for the past infringement
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`of its Work.
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`22. All conditions precedent to this action have been performed or have been waived.
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`COUNT I – COPYRIGHT INFRINGEMENT
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`23. Plaintiff re-alleges and incorporates paragraphs 1 through 22 as set forth above.
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`24. The Work is an original work of authorship, embodying copyrightable subject
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`matter, that is subject to the full protection of the United States copyright laws (17 U.S.C. § 101 et
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`seq.).
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`25. Plaintiff owns a valid copyright in the Work, having registered the Work with the
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`Register of Copyrights and owning sufficient rights, title, and interest to such copyright to afford
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`Plaintiff standing to bring this lawsuit and assert the claim(s) herein.
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`26. As a result of Plaintiff’s reproduction, distribution, and public display of the Work,
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`Defendant had access to the Work prior to its own reproduction, distribution, and public display
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`of the Work on its commercial website.
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`27. Defendant reproduced, distributed, and publicly displayed the Work without
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`authorization from Plaintiff.
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`28. By its actions, Defendant infringed and violated Plaintiff’s exclusive rights in
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`violation of the Copyright Act, 17 U.S.C. § 501, by reproducing, distributing, and publicly
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`displaying the Work for its own commercial purposes.
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`29. Defendant’s infringement was willful as it acted with actual knowledge or reckless
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`disregard for whether its conduct infringed upon Plaintiff’s copyright.
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`30. Plaintiff has been damaged as a direct and proximate result of Defendant’s
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`COPYCAT LEGAL PLLC
`3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065
`TELEPHONE (877) 437-6228
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`Case 9:21-cv-82154-WPD Document 1 Entered on FLSD Docket 12/01/2021 Page 7 of 13
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`infringement.
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`31.
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` Plaintiff is entitled to recover its actual damages resulting from Defendant’s
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`unauthorized use of the Work and, at Plaintiff’s election (pursuant to 17 U.S.C. § 504(b), Plaintiff
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`is entitled to recover damages based on a disgorgement of Defendant’s profits from infringement
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`of the Work, which amounts shall be proven at trial.
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`32. Defendant’s conduct has caused and any continued infringing conduct will continue
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`to cause irreparable injury to Plaintiff unless enjoined by the Court. Plaintiff has no adequate
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`remedy at law. Pursuant to 17 U.S.C. § 502, Plaintiff is entitled to a permanent injunction
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`prohibiting infringement of Plaintiff’s exclusive rights under copyright law.
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`WHEREFORE, Plaintiff demands judgment against Defendant as follows:
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`a. A declaration that Defendant has infringed Plaintiff’s copyrights in the Work;
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`b. A declaration that such infringement is willful;
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`c. An award of actual damages and disgorgement of profits as the Court deems proper;
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`d. Awarding Plaintiff interest, including prejudgment interest, on the foregoing amounts;
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`e. Permanently enjoining Defendant, its employees, agents, officers, directors, attorneys,
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`successors, affiliates, subsidiaries and assigns, and all those in active concert and
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`participation with Defendant, from directly or indirectly infringing Plaintiff’s copyrights
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`or continuing to display, transfer, advertise, reproduce, or otherwise market any works
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`derived or copied from the Work or to participate or assist in any such activity; and
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`f. For such other relief as the Court deems just and proper.
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`Demand For Jury Trial
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`Plaintiff demands a trial by jury on all issued so triable.
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`Dated: December 1, 2021.
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`COPYCAT LEGAL PLLC
`3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065
`TELEPHONE (877) 437-6228
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`Case 9:21-cv-82154-WPD Document 1 Entered on FLSD Docket 12/01/2021 Page 8 of 13
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`COPYCAT LEGAL PLLC
`3111 N. University Drive
`Suite 301
`Coral Springs, FL 33065
`Telephone: (877) 437-6228
`dan@copycatlegal.com
`james@copycatlegal.com
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`By: /s/ Daniel DeSouza, Esq.______
`Daniel DeSouza, Esq.
`Florida Bar No.: 19291
`James D’Loughy, Esq.
`Florida Bar No.: 0052700
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`COPYCAT LEGAL PLLC
`3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065
`TELEPHONE (877) 437-6228
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