Case: 1:19-cv-02386 Document #: 1 Filed: 04/09/19 Page 1 of 8 PageID #:1
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`UNITED STATES DISTRICT COURT
`NORTHER DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`KEITH F. BELL, PH.D.,
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`-v-
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`Plaintiff,
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`CHICAGO CUBS BASEBALL CLUB, LLC
`AND JOSHUA LIFRAK
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`Defendants.
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`Civil Action No. 1:19-cv-02386
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`COMPLAINT
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`Plaintiff, Keith F. Bell, Ph.D. (“Dr. Bell” or “Plaintiff’), files this Complaint to recover damages
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`arising from violations of Dr. Bell’s intellectual property rights by defendants Chicago Cubs
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`Baseball Club, LLC (“Defendant Cubs”) and Joshua Lifrak (“Defendant Lifrak”). Defendant Cubs
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`and Defendant Lifrak are hereafter referred to collectively as “Defendants.” In support of his
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`claims, Plaintiff states as follows:
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`THE PARTIES
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`1. Plaintiff is, and at all relevant times has been, a resident of Texas.
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`2. Defendant Chicago Cubs Baseball Club, LLC is a limited liability company organized under
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`the laws of the Delaware that maintains its principal place of business in Illinois. It may be
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`served with summons through its registered agent, CT Corporation System, 208 So. LaSalle
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`Street, Suite 814, Chicago, Illinois 60604.
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`3. Defendant Joshua Lifrak is a natural person who, on information and belief, resides and
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`maintains his principal place of business in this judicial district and division. Defendant Lifrak
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`is an employee and agent of Defendant Cubs. He may be served at his principal place of
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`business with Defendants Cubs located at 1060 West Addison Street, Chicago, Illinois 60613.
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`1
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`UNITED STATES DISTRICT COURT
`NORTHER DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`
`KEITH F. BELL, PH.D.,
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`
`
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`
`
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`
`
`
`-v-
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`
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`Plaintiff,
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`CHICAGO CUBS BASEBALL CLUB, LLC
`AND JOSHUA LIFRAK
`
`
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`
`
`
`
`
`
`Defendants.
`
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`
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`Civil Action No. 1:19-cv-02386
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`)
`)
`)
`)
`)
`)
`)
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`)
`
`
`COMPLAINT
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`Plaintiff, Keith F. Bell, Ph.D. (“Dr. Bell” or “Plaintiff’), files this Complaint to recover damages
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`arising from violations of Dr. Bell’s intellectual property rights by defendants Chicago Cubs
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`Baseball Club, LLC (“Defendant Cubs”) and Joshua Lifrak (“Defendant Lifrak”). Defendant Cubs
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`and Defendant Lifrak are hereafter referred to collectively as “Defendants.” In support of his
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`claims, Plaintiff states as follows:
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`THE PARTIES
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`1. Plaintiff is, and at all relevant times has been, a resident of Texas.
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`2. Defendant Chicago Cubs Baseball Club, LLC is a limited liability company organized under
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`the laws of the Delaware that maintains its principal place of business in Illinois. It may be
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`served with summons through its registered agent, CT Corporation System, 208 So. LaSalle
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`Street, Suite 814, Chicago, Illinois 60604.
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`3. Defendant Joshua Lifrak is a natural person who, on information and belief, resides and
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`maintains his principal place of business in this judicial district and division. Defendant Lifrak
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`is an employee and agent of Defendant Cubs. He may be served at his principal place of
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`business with Defendants Cubs located at 1060 West Addison Street, Chicago, Illinois 60613.
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`1
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`Case: 1:19-cv-02386 Document #: 1 Filed: 04/09/19 Page 2 of 8 PageID #:1
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`JURISDICTION AND VENUE
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`4. This Court has jurisdiction over Plaintiff’s claims pursuant to 28 U.S.C. §§ 1331, 1338(a) in
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`that the claims arise under an act of Congress relating to copyrights. This Court also has
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`diversity jurisdiction in this case pursuant to 28 U.S.C. § 1332(a)(1) because Plaintiff and
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`Defendant are from different states and the amount in controversy exceeds $75,000. There is
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`complete diversity among the parties.
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`5. This Court has jurisdiction over Defendants because they reside and are domiciled in Illinois,
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`conduct business in Illinois, have their principal place of business in Illinois, and committed
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`the wrongful acts at issue in this case in Illinois.
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`6. Plaintiff contends that there is both specific and general jurisdiction over Defendants in Illinois,
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`that Defendants have sufficient minimum contacts to satisfy due process, and that the exercise
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`of jurisdiction over Defendants comports with traditional notions of fair play and substantial
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`justice.
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`7. Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b)(1)-(2), (c)(1)-(2), and
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`1400(a) because a substantial part of the events giving rise to Plaintiff’s claims occurred in this
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`judicial district and because Defendants maintain their principal place of business and reside
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`within this judicial district and division.
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`THE FACTS
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`Dr. Bell and His Sports Psychology Practice
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`8. Dr. Bell is an internationally-recognized sports psychology and performance consultant. He
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`has worked as a sports psychologist with over 500 teams, including the Olympic and national
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`teams for the United States, Canada, Australia, New Zealand, Hong Kong, Fiji, and the
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`Cayman Islands.
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`Case: 1:19-cv-02386 Document #: 1 Filed: 04/09/19 Page 3 of 8 PageID #:1
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`9. In addition to his work with sports teams, Dr. Bell speaks at national and international coaching
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`symposia. Among others, he has been a featured speaker with the National High School
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`Coaches Association, North America Soccer Association, U.S. Olympic Sports Medicine
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`Symposium, American Swim Coaches Association, Australian Coaches Association, Canadian
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`Coaches Association, Japanese Coaches Association, and British Swim Coaches Association.
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`10. Dr. Bell has also enjoyed success as an athlete and coach. He is a four-time collegiate All-
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`American swimmer, holds numerous world and national masters swim records, and has
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`coached U.S. national, university, collegiate, high school, and club swimming teams.
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`11. Further, Dr. Bell has authored and had published 10 books and over 80 articles relating to
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`sports psychology and sports performance. He also has been a regular columnist for national
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`swimming publications such as Swimmers, Swimmers Coach, SwimSwam, and Swim Texas
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`Magazine, and is a periodic contributor to Austin Fit Magazine.
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`Dr. Bell’s Original Literary Work, Winning Isn’t Normal
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`12. In 1981, Dr. Bell wrote the book entitled Winning Isn’t Normal (“Winning Isn’t Normal” or
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`the “Infringed Work”), which was first published in 1982. The book has enjoyed substantial
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`acclaim, distribution, and publicity. Dr. Bell is the sole author of this work and continues to
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`own all rights in the work.
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`13. Dr. Bell holds a copyright registration for the Infringed Work. A copyright registration
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`certificate for Winning Isn’t Normal was issued to Dr. Bell by the United States Copyright
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`Office on or about September 21, 1989, with the registration number TX-0002-6726-44. A
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`true and correct copy of the Certificate of Registration is attached hereto as Exhibit A.
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`14. Since Dr. Bell authored and published the Infringed Work, Winning Isn’t Normal, he has and
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`continues to promote, distribute, offer for sale, and sell numerous copies of the work.
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`Case: 1:19-cv-02386 Document #: 1 Filed: 04/09/19 Page 4 of 8 PageID #:1
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`Currently, among others, Dr. Bell offers Winning Isn’t Normal for sale through Amazon.com
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`and the website keelpublications.com.
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`15. Dr. Bell has made and continues to make meaningful efforts to create a market for Winning
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`Isn’t Normal and to protect and enjoy the rights afforded to him under the Copyright Act.
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`Importantly, as part of these efforts, Dr. Bell creates, markets, and sells works derivative of the
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`Infringed Work, such as posters and t-shirts that display a particular passage from Winning
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`Isn’t Normal (the “WIN Passage”). The WIN Passage is viewed by Dr. Bell and others as the
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`heart of Dr. Bell’s literary work Winning Isn’t Normal. A true and correct copy of the WIN
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`Passage is attached as Exhibit B.
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`16. Dr. Bell owns the domain winningisntnormal.com, which points to the keelpublications.com
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`website where Dr. Bell offers the Infringed Work Winning Isn’t Normal and derivative works
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`for sale.
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`17. Due to the popularity of his original work Winning Isn’t Normal, Dr. Bell has been able to
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`increase his international recognition as an authority in sports psychology and sports
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`performance and has been asked to speak at conferences, symposia, and other engagements as
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`a result.
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`18. Dr. Bell has offered and continues to offer licenses at fair and reasonable rates to others who
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`wish to publish or otherwise use the popular WIN Passage on the internet or in traditional
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`publishing mediums.
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`19. Dr. Bell has taken due care to provide notice of his copyright in Winning Isn’t Normal. Dr.
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`Bell has included pertinent copyright notices on physical and electronic copies of Winning
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`Isn’t Normal and derivative works, provides pertinent copyright notices on Amazon.com and
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`keelpublications.com, and includes a conspicuous copyright watermark on digital images of
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`Case: 1:19-cv-02386 Document #: 1 Filed: 04/09/19 Page 5 of 8 PageID #:1
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`derivative works (such as posters) or excerpts that he posts online or otherwise distributes. Dr.
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`Bell also includes information on keelpublications.com regarding how to contact Dr. Bell
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`about obtaining permission to use the WIN Passage or other portions of Winning Isn’t Normal.
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`Defendants’ Infringement of Dr. Bell’s Work
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`20. Defendant Cubs is a professional baseball team based in Chicago.
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`21. Defendant Lifrak is the director of the “Mental Skills Program” for Defendant Cubs.
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`22. Defendant Lifrak is an employee and agent of Defendant Cubs. The job responsibilities of
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`Defendant Lifrak include issues that generally fall sports psychology, which is the specialty of
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`Dr. Bell. In fact, the Mental Skills Program was launched in 2015 under the direction of a
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`sports psychologist.
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`23. At the time of the acts at issue in this case and currently, Defendant Lifrak prominently notes
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`his employment with Defendant Cubs. Plaintiff contends that maintaining an active Twitter
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`account is something that Defendant Lifrak does in the course and scope of his employment
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`with Defendant Cubs, and his followers include many players and coaches within Defendant
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`Cubs’ organization.
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`24. In or around May 2016, Defendant Lifrak posted an excerpt of Winning Isn’t Normal on his
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`Twitter account. A copy of this infringement is attached hereto as Exhibit C. At that time,
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`Defendant Lifrak had over 1,000 followers. The infringement of Defendant Lifrak was “liked”
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`at least 14 times and retweeted at least nine times.
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`25. The use of Dr. Bell’s intellectual property as described herein was made without authorization
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`from Dr. Bell and without attribution to Dr. Bell.
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`26. Defendants did not request permission to use Dr. Bell’s copyrighted work at any time.
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`COUNT I - COPYRIGHT INFRINGEMENT
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`5
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`Case: 1:19-cv-02386 Document #: 1 Filed: 04/09/19 Page 6 of 8 PageID #:1
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`27. Plaintiff repeats and realleges each and every paragraph set forth above as if fully set forth
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`again at length herein.
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`28. Plaintiff owns valid copyright in the Infringed Work.
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`29. Defendants have, without authorization, copied one or more of the constituent elements of the
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`Infringed Work that are original.
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`30. Defendants copied the heart of the Infringed Work almost or completely verbatim, rendering
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`the offending works substantially similar to and/or functionally identical to the Infringed Work.
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`31. Defendants’ copying of the Infringed Work was done willfully and intentionally in violation
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`of federal copyright law, with knowledge that an agreement had not been reached with Plaintiff
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`regarding such copying, and with knowledge that neither a license nor an assignment had been
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`granted to Defendants allowing them to copy or use the Infringed Work.
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`32. Defendants have, without authorization, publicly displayed, and distributed one or more of the
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`constituent elements of the Infringed Work that are original.
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`33. Defendants’ public display and distribution of the heart of the Infringed Work was done
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`willfully and intentionally in violation of federal copyright law, with knowledge that an
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`agreement had not been reached with Plaintiff regarding such public display and distribution,
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`and with knowledge that neither a license nor an assignment had been granted to Defendants
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`allowing them to publicly display the Infringed Work.
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`34. By so copying, publicly displaying, and distributing the Infringed Work, Defendants have
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`willfully infringed Plaintiff’s copyrights therein, for which infringement Plaintiff is entitled to
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`injunctive relief and to recover damages in the form of either Defendants’ actual profits
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`attributable to the infringements or, in the alternative and at Plaintiff’s election, statutory
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`Case: 1:19-cv-02386 Document #: 1 Filed: 04/09/19 Page 7 of 8 PageID #:1
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`damages. Defendants should also be required to pay Plaintiff’s attorneys’ fees, as authorized
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`by law, associated with its copyright infringement.
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`WHEREFORE, Plaintiff prays for judgment against Defendants as follows:
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`1. Declaring that Defendants’ unauthorized conduct violates Plaintiff’s rights under 17 U.S.C. §
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`106;
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`2. Permanently enjoining Defendants and their agents, employees, affiliated companies, and
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`those acting in concert with them from infringing Plaintiff’s copyright and, specifically,
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`enjoining them from reproducing, selling, distributing, publicly performing, or making
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`derivative works of Plaintiff’s copyrighted work;
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`3. Ordering the impoundment or destruction of all copies of the infringing work in the possession
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`or control of any of the Defendants or their agents, employees, affiliated companies, and those
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`acting in concert with them, pursuant to 17 U.S.C. § 503(b);
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`4. Ordering Defendants to account for and disgorge to Plaintiff all gains, profits, and advantages
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`derived by their copyright infringement, pursuant to 17 U.S.C. § 504(b) and other law;
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`5. Awarding Plaintiff such actual damages as he has sustained as a result of Defendants’
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`copyright infringement in an amount to be determined at trial, and/or statutory damages
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`pursuant to 17 U.S.C. §§ 504(b), 504(c);
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`6. Awarding Plaintiff his costs, reasonable attorneys’ fees, and disbursements in this action,
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`pursuant to 17 U.S.C. § 505 and other law;
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`7. Awarding Plaintiff pre- and post-judgment interest on any monetary recovery; and
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`8. Granting such other and further relief as the Court deems just and appropriate.
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`Dated
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`April 9, 2019
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`Respectfully submitted,
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`Case: 1:19-cv-02386 Document #: 1 Filed: 04/09/19 Page 8 of 8 PageID #:1
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`/s/Adam E. Urbanczyk
`AU LLC
`564 W. Randolph St. 2nd Floor
`Chicago, IL 60661
`adamu@au-llc.com
`Ph. (312) 715-7312
`Fax (312) 646-2501
`ARDC No. 6301067
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`C. Ashley Callahan (pro hac vice to be filed)
`Law Offices of C. Ashley Callahan, P.C.
`The Haehnel Building
`1101 East 11th Street
`Austin, TX 78702
`Ph. (512) 817-3977
`Fax (512) 287-3127
`acallahan@callahanlawoffices.com
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`Joshua G. Jones (pro hac vice to be filed)
`The Law Office of Joshua G. Jones
`609 Castle Ridge Road, Ste. 450
`Austin, TX 78746
`Ph. (512) 552-6123
`jjones@jgjoneslaw.com
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`Attorneys for Plaintiff
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