Case 2:21-cv-05813 Document 1 Filed 10/18/21 Page 1 of 6 PageID #: 1
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF NEW YORK
`CENTRAL ISLIP DIVISION
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`CASE NO.: 2:21-cv-05813
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`PREPARED FOOD PHOTOS, INC. fka
`ADLIFE MARKETING &
`COMMUNICATIONS CO., INC.,
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`Plaintiff,
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`v.
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`LA PAZ PIZZA CORP dba CAFFE
`CATANIA PIZZERIA & PASTA and
`MYPIZZA TECHNOLOGIES, INC. dba
`SLICE,
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`Defendants.
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`
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`(INJUNCTIVE RELIEF DEMANDED)
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`Plaintiff PREPARED FOOD PHOTOS, INC. FKA ADLIFE MARKETING &
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`COMMUNICATIONS CO., INC. by and through its undersigned counsel, brings this Complaint
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`against Defendants LA PAZ PIZZA CORP dba CAFFE CATANIA PIZZERIA & PASTA and
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`MYPIZZA TECHNOLOGIES, INC. dba SLICE for damages and injunctive relief, and in
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`support thereof states as follows:
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`SUMMARY OF THE ACTION
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`Plaintiff PREPARED FOOD PHOTOS, INC. FKA ADLIFE MARKETING &
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`COMMUNICATIONS CO., INC. (“PFPI”) brings this action for violations of exclusive rights
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`under the Copyright Act, 17 U.S.C. § 106, to copy and distribute PFPI’s original copyrighted
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`Work of authorship.
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`SRIPLAW
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF NEW YORK
`CENTRAL ISLIP DIVISION
`
`CASE NO.: 2:21-cv-05813
`
`PREPARED FOOD PHOTOS, INC. fka
`ADLIFE MARKETING &
`COMMUNICATIONS CO., INC.,
`
`
`
`
`Plaintiff,
`
`
`v.
`
`LA PAZ PIZZA CORP dba CAFFE
`CATANIA PIZZERIA & PASTA and
`MYPIZZA TECHNOLOGIES, INC. dba
`SLICE,
`
`
`Defendants.
`
`
`
`
`
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`(INJUNCTIVE RELIEF DEMANDED)
`
`Plaintiff PREPARED FOOD PHOTOS, INC. FKA ADLIFE MARKETING &
`
`COMMUNICATIONS CO., INC. by and through its undersigned counsel, brings this Complaint
`
`against Defendants LA PAZ PIZZA CORP dba CAFFE CATANIA PIZZERIA & PASTA and
`
`MYPIZZA TECHNOLOGIES, INC. dba SLICE for damages and injunctive relief, and in
`
`support thereof states as follows:
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`SUMMARY OF THE ACTION
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`
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`Plaintiff PREPARED FOOD PHOTOS, INC. FKA ADLIFE MARKETING &
`
`COMMUNICATIONS CO., INC. (“PFPI”) brings this action for violations of exclusive rights
`
`under the Copyright Act, 17 U.S.C. § 106, to copy and distribute PFPI’s original copyrighted
`
`Work of authorship.
`
`SRIPLAW
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`
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`Case 2:21-cv-05813 Document 1 Filed 10/18/21 Page 2 of 6 PageID #: 2
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`PFPI is a retail food advertising company servicing retailers and wholesalers
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`throughout the United States for almost 40 years. PFPI specializes in custom photography, full
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`service design and production, web and print management, mobile technology, and proprietary
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`digital advertising platforms.
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`Defendant LA PAZ PIZZA CORP DBA CAFFE CATANIA PIZZERIA &
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`PASTA (“La Paz”) is a pizza restaurant located at 1051 Montauk Highway in New York. At all
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`times relevant herein, La Paz operated the internet website located at the URL
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`https://www.cafecataniapizzeria.com/ (the “Website”).
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`Defendant MYPIZZA TECHNOLOGIES, INC. DBA SLICE (“MyPizza”) is
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`upon information and belief the owner or the Website.
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`The Website states that it is “Powered by Slice” and that Caffe Catania is a
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`“proud part of the Slice family.” The Terms of Service and Privacy Policy for the Website are
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`provided in the name of MyPizza.
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`Defendants La Paz and MyPizza are collectively referred to herein as
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`“Defendants.”
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`PFPI alleges that Defendants copied PFPI’s copyrighted Work from the internet
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`in order to advertise, market and promote their business activities. Defendants committed the
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`violations alleged in connection with Defendants’ business for purposes of advertising and
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`promoting sales to the public in the course and scope of the Defendants’ business.
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`JURISDICTION AND VENUE
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`This is an action arising under the Copyright Act, 17 U.S.C. § 501.
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`This Court has subject matter jurisdiction over these claims pursuant to 28 U.S.C.
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`§§ 1331, 1338(a).
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`Defendants are subject to personal jurisdiction in New York.
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`2
`SRIPLAW
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`Case 2:21-cv-05813 Document 1 Filed 10/18/21 Page 3 of 6 PageID #: 3
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`Venue is proper in this district under 28 U.S.C. § 1391(b) and (c) and 1400(a)
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`because the events giving rise to the claims occurred in this district, Defendants engaged in
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`infringement in this district, Defendants reside in this district, and Defendants are subject to
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`personal jurisdiction in this district.
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`DEFENDANTS
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`La Paz Pizza Corp dba Caffe Catania Pizzeria & Pasta is a New York
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`Corporation, with its principal place of business at 1051 Montauk Highway, Copiague, NY
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`11726, and can be served by serving its Registered Agent, The Corporation, 1051 Merrick Road,
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`Copiague, NY 11726.
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` MyPizza Technologies, Inc. dba Slice is a Delaware Corporation, with its
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`principal place of business at 902 Broadway, New York, NY 10010, and can be served at
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`MyPizza Technologies, Inc., 902 Broadway, New York, NY 10010.
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`THE COPYRIGHTED WORK AT ISSUE
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`In 2007, PFPI created the photograph entitled “ColdCutAsst040”, which is shown
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`below and referred to herein as the “Work”.
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`3
`SRIPLAW
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`Case 2:21-cv-05813 Document 1 Filed 10/18/21 Page 4 of 6 PageID #: 4
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`PFPI registered the Work with the Register of Copyrights on August 26, 2016 and
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`was assigned the registration number VA 2-014-921. The Certificate of Registration is attached
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`hereto as Exhibit 1.
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`PFPI’s Work is protected by copyright but is not otherwise confidential,
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`proprietary, or trade secrets.
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`At all relevant times PFPI was the owner of the copyrighted Work at issue in this
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`INFRINGEMENT BY DEFENDANTS
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`Defendants have never been licensed to use the Work at issue in this action for
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`case.
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`any purpose.
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`On a date after the Work at issue in this action was created, but prior to the filing
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`of this action, Defendants copied the Work.
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`On or about December 18, 2018, PFPI discovered the unauthorized use of its
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`Work on the Website as a feature image of cold cuts on their menu page.
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`Defendants copied PFPI’s copyrighted Work without PFPI’s permission.
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`After Defendants copied the Work, they made further copies and distributed the
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`Work on the internet to promote the sale of goods and services as part of their pizza businesses.
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`Defendants copied and distributed PFPI’s copyrighted Work in connection with
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`Defendants’ business for purposes of advertising and promoting Defendants’ business, and in the
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`course and scope of advertising and selling products and services.
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`PFPI’s Works are protected by copyright but are not otherwise confidential,
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`proprietary, or trade secrets.
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`4
`SRIPLAW
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`Case 2:21-cv-05813 Document 1 Filed 10/18/21 Page 5 of 6 PageID #: 5
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`Defendants committed copyright infringement of the Work as evidenced by the
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`documents attached hereto as Exhibit 2.
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`PFPI never gave Defendants permission or authority to copy, distribute or display
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`the Work at issue in this case.
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`PFPI notified Defendants of the allegations set forth herein on February 9, 2021
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`and March 1, 2021. To date, Defendants have failed to respond to Plaintiff’s Notices. Copies of
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`the Notices to Defendants are attached hereto as Exhibit 3.
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`COPYRIGHT INFRINGEMENT
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`PFPI incorporates the allegations of paragraphs 1 through 27 of this Complaint as
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`if fully set forth herein.
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`PFPI owns a valid copyright in the Work at issue in this case.
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`PFPI registered the Work at issue in this case with the Register of Copyrights
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`pursuant to 17 U.S.C. § 411(a).
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`Defendants copied, displayed, and distributed the Work at issue in this case and
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`made derivatives of the Work without PFPI’s authorization in violation of 17 U.S.C. § 501.
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`Defendants performed the acts alleged in the course and scope of its business
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`activities.
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`Defendants’ acts were willful.
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`PFPI has been damaged.
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`The harm caused to PFPI has been irreparable.
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`WHEREFORE, the Plaintiff Prepared Food Photos, Inc. fka Adlife Marketing &
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`Communications Co., Inc. prays for judgment against the Defendants La Paz Pizza Corp dba
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`Caffe Catania Pizzeria & Pasta and MyPizza Technologies, Inc. dba Slice that:
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`5
`SRIPLAW
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`Case 2:21-cv-05813 Document 1 Filed 10/18/21 Page 6 of 6 PageID #: 6
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`a.
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`Defendants and their officers, agents, servants, employees, affiliated
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`entities, and all of those in active concert with them, be preliminarily and permanently
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`enjoined from committing the acts alleged herein in violation of 17 U.S.C. § 501;
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`b.
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`Defendants be required to pay Plaintiff its actual damages and Defendants’
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`profits attributable to the infringement, or, at Plaintiff's election, statutory damages, as
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`provided in 17 U.S.C. § 504;
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`c.
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`Plaintiff be awarded its attorneys’ fees and costs of suit under the
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`applicable statutes sued upon;
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`Plaintiff be awarded pre and post-judgment interest; and
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`Plaintiff be awarded such other and further relief as the Court deems just
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`d.
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`e.
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`and proper.
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`JURY DEMAND
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`Plaintiff hereby demands a trial by jury of all issues so triable.
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`DATED: October 18, 2021
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`Respectfully submitted,
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`/s/Joseph A. Dunne
`JOSEPH A. DUNNE
`NY Bar Number. 4831277
`joseph.dunne@sriplaw.com
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`SRIPLAW
`25 Maiden Lane
`Suite 5C
`New York, NY 10038
`929.200.2474 – Telephone
`561.404.4353 – Facsimile
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`Counsel for Plaintiff Prepared Food Photos, Inc.
`Fka Adlife Marketing & Communications Co., Inc.
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`6
`SRIPLAW
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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