Case 5:22-cv-10294-JEL-KGA ECF No. 1, PageID.1 Filed 02/11/22 Page 1 of 33
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF MICHIGAN
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`Case No. 22-10294
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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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`DANMAS, INC. d/b/a SAVELAND
`SUPERMARKET,
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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 Danmas, Inc. d/b/a Saveland Supermarket (“Defendant”), and alleges
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`as follows:
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`THE PARTIES
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`1. 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. Defendant is a corporation organized and existing under the laws of the State of
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`Michigan with its principal place of business located at 8370 Pelham Road, Taylor, Michigan
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`48180.
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`JURISDICTION AND VENUE
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`3. 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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`COPYCAT LEGAL PLLC
`3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065
`TELEPHONE (877) 437-6228
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`Case 5:22-cv-10294-JEL-KGA ECF No. 1, PageID.2 Filed 02/11/22 Page 2 of 33
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`4. This Court has personal jurisdiction over Defendant because it has maintained
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`sufficient minimum contacts with Michigan such that the exercise of personal jurisdiction over
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`them would not offend traditional notions of fair play and substantial justice.
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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]n individual defendant ‘may
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`be found’ in any federal district in which he or she is subject to personal jurisdiction.” J4
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`Promotions, Inc. v. Splash Dogs, LLC, No. 08 CV 977, 2009 U.S. Dist. LEXIS 11023, at *79
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`(N.D. Ohio Feb. 13, 2009). In other words, venue is proper in his District because Defendant is
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`subject to personal jurisdiction in this District. See Big Guy's Pinball, LLC v. Lipham, No. 14-
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`CV-14185, 2015 U.S. Dist. LEXIS 89512, at *2 (E.D. Mich. July 10, 2015).
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`I.
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`Plaintiff’s Business and History
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`FACTS
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`6. Plaintiff is in the business of licensing high-end, professional photographs for the
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`food industry.
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`7. 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. 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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`2
`COPYCAT LEGAL PLLC
`3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065
`TELEPHONE (877) 437-6228
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`Case 5:22-cv-10294-JEL-KGA ECF No. 1, PageID.3 Filed 02/11/22 Page 3 of 33
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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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`A.
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`The First Photograph
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`11. In 1999,
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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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`“BeefPorterhouse002_ADL.jpg” (the “First Photograph”). A copy of the First Photograph is
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`exhibited below.
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`12. The First Photograph was registered by Plaintiff (pursuant to a work-for-hire
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`agreement with the author that transferred all rights and title in the photograph to Plaintiff) with
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`the Register of Copyrights on January 13, 2017 and was assigned Registration No. VA 2-047-
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`019. A true and correct copy of the Certification of Registration pertaining to the First Photograph
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`is attached hereto as Exhibit “A.”
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`13. Plaintiff is the owner of the First Photograph and has remained the owner at all
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`times material hereto.
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`3
`COPYCAT LEGAL PLLC
`3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065
`TELEPHONE (877) 437-6228
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`Case 5:22-cv-10294-JEL-KGA ECF No. 1, PageID.4 Filed 02/11/22 Page 4 of 33
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`B.
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`The Second Photograph
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`14. In 1994,
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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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`“PorkRibBabyBack006.jpg” (the “Second Photograph”). A copy of the Second Photograph is
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`exhibited below.
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`15. The Second Photograph was registered by Plaintiff (pursuant to a work-for-hire
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`agreement with the author that transferred all rights and title in the photograph to Plaintiff) with
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`the Register of Copyrights on October 23, 2016 and was assigned Registration No. VA 2-020-
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`735. A true and correct copy of the Certification of Registration pertaining to the Second
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`Photograph is attached hereto as Exhibit “B.”
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`16. Plaintiff is the owner of the Second Photograph and has remained the owner at all
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`times material hereto.
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`C.
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`The Third Photograph
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`17. In 1997,
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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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`“SaladPotatoEgg001_ADL.jpg” (the “Third Photograph”). A copy of the Third Photograph is
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`exhibited below.
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`4
`COPYCAT LEGAL PLLC
`3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065
`TELEPHONE (877) 437-6228
`
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`Case 5:22-cv-10294-JEL-KGA ECF No. 1, PageID.5 Filed 02/11/22 Page 5 of 33
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`18. The Third Photograph was registered by Plaintiff (pursuant to a work-for-hire
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`agreement with the author that transferred all rights and title in the photograph to Plaintiff) with
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`the Register of Copyrights on February 08, 2017 and was assigned Registration No. VA 2-046-
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`822. A true and correct copy of the Certification of Registration pertaining to the Third
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`Photograph is attached hereto as Exhibit “C.”
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`19. Plaintiff is the owner of the Third Photograph and has remained the owner at all
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`times material hereto.
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`20. The First Photograph, Second Photograph, and Third Photograph are collectively
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`referred to herein as the “Work.”
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`III. Defendant’s Unlawful Activities
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`21. Defendant owns and operates a full-line grocery store in Taylor, MI.
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`22. Defendant advertises/markets
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`its business primarily
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`through
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`its website
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`(http://www.savelandsupermarket.com/),
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`its
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`social
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`media
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`(e.g.
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`https://www.facebook.com/SavelandSupermarket/), and other forms of advertising such as print
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`circulars for its weekly ads.
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`23. On at least one date after Plaintiff’s above-referenced copyright registration of the
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`First Photograph, Defendant published the First Photograph in one of its weekly ads (published
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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 5:22-cv-10294-JEL-KGA ECF No. 1, PageID.6 Filed 02/11/22 Page 6 of 33
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`at http://000080e.rcomhost.com/files/131909671.pdf) in connection with the sale of “Porterhouse
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`Steaks”:
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`24. On at least one date after Plaintiff’s above-referenced copyright registration of the
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`Second Photograph, Defendant published the Second Photograph in one of its weekly ads
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`(published at http://000080e.rcomhost.com/files/131909671.pdf) in connection with the sale of
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`“Baby Back Style Pork Ribs”:
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`25. On at least one date before Plaintiff’s above-referenced copyright registration of
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`the Third Photograph, Defendant published the Third Photograph in one of its weekly ads
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`(published at http://www.savelandsupermarket.com/files/103486345.pdf) in connection with the
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`sale of “Egg Potato Salad, Macaroni Salad, Cole Slaw or Mustard Potato Salad”:
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`6
`COPYCAT LEGAL PLLC
`3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065
`TELEPHONE (877) 437-6228
`
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`

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`Case 5:22-cv-10294-JEL-KGA ECF No. 1, PageID.7 Filed 02/11/22 Page 7 of 33
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`26. A true and correct copy of screenshots of the foregoing advertisements, displaying
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`the copyrighted Work, is attached hereto as Exhibit “D.”
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`27. The foregoing display of the Work by Defendant was accessible and was in fact
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`accessed from persons in the State of Florida.
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`28. Defendant is not and has never been licensed to use or display any of the Work.
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`Defendant never contacted Plaintiff to seek permission to use the Work in connection with its
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`website or for any other purpose – even though the Work that was copied is clearly professional
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`stock photography that would put Defendant on notice that the Work was not intended for public
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`use.
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`29. Defendant utilized the Work for commercial use – namely, in connection with the
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`marketing of its business.
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`30. 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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`31. Through its ongoing diligent efforts to identify unauthorized use of its photographs,
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`Plaintiff discovered Defendant’s unauthorized use/display of the Work during a period of time
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`spanning February 2020 – September 2020. Following Plaintiff’s discovery, Plaintiff notified
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`7
`COPYCAT LEGAL PLLC
`3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065
`TELEPHONE (877) 437-6228
`
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`Case 5:22-cv-10294-JEL-KGA ECF No. 1, PageID.8 Filed 02/11/22 Page 8 of 33
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`Defendant in writing of such unauthorized use. To date, Plaintiff has been unable to negotiate a
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`reasonable license for the past infringement of its Work.
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`32. 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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`33. Plaintiff re-alleges and incorporates paragraphs 1 through 32 as set forth above.
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`34. 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
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`et seq.).
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`35. 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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`36. 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 website and its print advertising.
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`37. Defendant reproduced, distributed, and publicly displayed the Work without
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`authorization from Plaintiff.
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`38. 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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`39. 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. Defendant has operated in
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`the grocery store business for years and has utilized hundreds (if not thousands) of professional
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`stock imagery during that time. Defendant clearly understands that high-end food photography
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`8
`COPYCAT LEGAL PLLC
`3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065
`TELEPHONE (877) 437-6228
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`is not generally available for free or that such can simply be copied from the internet.
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`40. Plaintiff has been damaged as a direct and proximate result of Defendant’s
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`infringement.
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`41. 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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`42. Alternatively, and at Plaintiff’s election, Plaintiff is entitled to statutory damages
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`pursuant to 17 U.S.C. § 504(c), in such amount as deemed proper by the Court.
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`43. Pursuant to 17 U.S.C. § 505, Plaintiff is further entitled to recover its costs and
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`attorneys’ fees as a result of Defendant’s conduct.
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`44. 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 or, at
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`Plaintiff’s election, an award of statutory damages for willful infringement up to
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`$150,000.00 for each infringement of the Work;
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`d. Awarding Plaintiff its costs and reasonable attorneys’ fees pursuant to 17 U.S.C. § 505;
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`e. Awarding Plaintiff interest, including prejudgment interest, on the foregoing amounts;
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`9
`COPYCAT LEGAL PLLC
`3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065
`TELEPHONE (877) 437-6228
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`Case 5:22-cv-10294-JEL-KGA ECF No. 1, PageID.10 Filed 02/11/22 Page 10 of 33
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`f. 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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`g. 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: February 11, 2022.
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`COPYCAT LEGAL PLLC
`3111 N. University Drive
`Suite 301
`Coral Springs, FL 33065
`Telephone: (877) 437-6228
`dan@copycatlegal.com
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`By: /s/ Daniel DeSouza, Esq.______
`Daniel DeSouza, Esq.
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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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`Exhibit “A”
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`Case 5:22-cv-10294-JEL-KGA ECF No. 1, PageID.12 Filed 02/11/22 Page 12 of 33
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`Case 5:22-cv-10294-JEL-KGA ECF No. 1, PageID.13 Filed 02/11/22 Page 13 of 33
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`Exhibit “B”
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`Exhibit “C”
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`Case 5:22-cv-10294-JEL-KGA ECF No. 1, PageID.24 Filed 02/11/22 Page 24 of 33
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`Exhibit “D”
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