Case 1:20-cv-03909 Document 1 Filed 05/19/20 Page 1 of 5
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`- against -
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` Defendant.
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`Docket No. 1:20-cv-3909
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`JURY TRIAL DEMANDED
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`MATILDE GATTONI,
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` Plaintiff,
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`MICROSOFT CORPORATION
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`COMPLAINT
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`Plaintiff Matilde Gattoni (“Gattoni” or “Plaintiff”) by and through her undersigned
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`counsel, as and for her Complaint against Defendant Microsoft Corporation (“Microsoft” or
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`“Defendant”) hereby alleges as follows:
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` NATURE OF THE ACTION
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`1.
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`This is an action for copyright infringement under Section 501 of the Copyright
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`Act. This action arises out of Defendant’s unauthorized reproduction and public display of a
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`copyrighted photographs of women leading China’s wine revolution, owned and registered by
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`Gattoni, a professional photographer. Accordingly, Gattoni seeks monetary relief under the
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`Copyright Act of the United States, as amended, 17 U.S.C. § 101 et seq.
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`JURISDICTION AND VENUE
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`This claim arises under the Copyright Act, 17 U.S.C. § 101 et seq., and this Court
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`2.
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`has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`- against -
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`
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` Defendant.
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`Docket No. 1:20-cv-3909
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`JURY TRIAL DEMANDED
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`MATILDE GATTONI,
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` Plaintiff,
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`MICROSOFT CORPORATION
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`COMPLAINT
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`Plaintiff Matilde Gattoni (“Gattoni” or “Plaintiff”) by and through her undersigned
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`counsel, as and for her Complaint against Defendant Microsoft Corporation (“Microsoft” or
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`“Defendant”) hereby alleges as follows:
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` NATURE OF THE ACTION
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`1.
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`This is an action for copyright infringement under Section 501 of the Copyright
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`Act. This action arises out of Defendant’s unauthorized reproduction and public display of a
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`copyrighted photographs of women leading China’s wine revolution, owned and registered by
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`Gattoni, a professional photographer. Accordingly, Gattoni seeks monetary relief under the
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`Copyright Act of the United States, as amended, 17 U.S.C. § 101 et seq.
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`JURISDICTION AND VENUE
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`This claim arises under the Copyright Act, 17 U.S.C. § 101 et seq., and this Court
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`2.
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`has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`Case 1:20-cv-03909 Document 1 Filed 05/19/20 Page 2 of 5
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`3.
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`Upon information and belief, this Court has personal jurisdiction over Defendant
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`because Defendant resides and/or transacts business in New York and is registered with the New
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`York State Department of State Division of Corporations.
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`4.
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`5.
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`Venue is proper in this District pursuant to 28 U.S.C. § 1391(b).
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`PARTIES
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`Gattoni is a professional photographer in the business of licensing her
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`photographs to online and print media for a fee having a usual place of business at Via Sandra
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`Botticelli, 22, 20133, Milan Italy.
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`6.
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`Upon information and belief, Microsoft is a foreign business corporation duly
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`organized and existing under the laws of the State of Delaware, with a place of business at 11
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`Times Square, New York, New York 10036. Upon information and belief, Microsoft is
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`registered with the New York State Department of Corporations to do business in New York. At
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`all times material hereto, Microsoft has owned and operated a website at the URL:
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`www.MSN.com (the “Website”).
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`STATEMENT OF FACTS
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`A.
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`7.
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`Background and Plaintiff’s Ownership of the Photographs
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`Gattoni photographed women leading China’s wine revolution (the
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`“Photographs”). A true and correct copy of the Photographs is attached hereto as Exhibit A.
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`8.
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`Gattoni is the author of the Photographs and has at all times been the sole owner
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`of all right, title and interest in and to the Photographs, including the copyright thereto.
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`9.
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`The Photographs were registered with United States Copyright Office and were
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`given Copyright Registration Number VA 2-134-533.
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`B.
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`Defendant’s Infringing Activities
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`Case 1:20-cv-03909 Document 1 Filed 05/19/20 Page 3 of 5
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`10. Microsoft ran an article on the Website entitled These are the women leading
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`China’s wine revolution. See: https://www.msn.com/en-ca/news/world/these-are-the-women-
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`leading-chinas-wine-revolution/ar-BBZiauE#image=BBZiauE_1|3. The article featured the
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`Photographs. Screenshots of the Photographs on the Website are attached hereto as Exhibit B.
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`11. Microsoft did not license the Photographs from Plaintiff for its article, nor did
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`Microsoft have Plaintiff’s permission or consent to publish the Photographs on its Website.
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`CLAIM FOR RELIEF
`(COPYRIGHT INFRINGEMENT AGAINST DEFENDANT)
`(17 U.S.C. §§ 106, 501)
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`12.
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`Plaintiff incorporates by reference each and every allegation contained in
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`Paragraphs 1-11 above.
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`13. Microsoft infringed Plaintiff’s copyright in the Photographs by reproducing and
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`publicly displaying the Photographs on the Website. Microsoft is not, and has never been,
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`licensed or otherwise authorized to reproduce, publically display, distribute and/or use the
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`Photographs.
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`14.
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`The acts of Defendant complained of herein constitute infringement of Plaintiff’s
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`copyright and exclusive rights under copyright in violation of Sections 106 and 501 of the
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`Copyright Act, 17 U.S.C. §§ 106 and 501.
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`15.
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`Upon information and belief, the foregoing acts of infringement by Microsoft
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`have been willful, intentional, and purposeful, in disregard of and indifference to Plaintiff’s
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`rights.
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`16.
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`As a direct and proximate cause of the infringement by the Defendant of
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`Plaintiff’s copyright and exclusive rights under copyright, Plaintiff is entitled to damages and
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`Defendant’s profits pursuant to 17 U.S.C. § 504(b) for the infringement.
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`Case 1:20-cv-03909 Document 1 Filed 05/19/20 Page 4 of 5
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`17.
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`Alternatively, Plaintiff is entitled to statutory damages up to $150,000 per work
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`infringed for Defendant’s willful infringement of the Photographs, pursuant to 17 U.S.C.
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`§ 504(c).
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`18.
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`Plaintiff further is entitled to her attorney’s fees and full costs pursuant to
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`17 U.S.C. § 505
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff respectfully requests judgment as follows:
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`1.
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`2.
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`3.
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`4.
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`5.
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`6.
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`That Defendant Microsoft be adjudged to have infringed upon Plaintiff’s
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`copyrights in the Photographs in violation of 17 U.S.C §§ 106 and 501;
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`That Plaintiff be awarded either: a) Plaintiff’s actual damages and Defendant’s
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`profits, gains or advantages of any kind attributable to Defendant’s infringement
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`of Plaintiff’s Photographs; or b) alternatively, statutory damages of up to
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`$150,000 per copyrighted work infringed pursuant to 17 U.S.C. § 504;
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`That Defendant be required to account for all profits, income, receipts, or other
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`benefits derived by Defendant as a result of its unlawful conduct;
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`That Plaintiff be awarded her costs, expenses and attorneys’ fees pursuant to 17
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`U.S.C. § 505;
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`That Plaintiff be awarded pre-judgment interest; and
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`Such other and further relief as the Court may deem just and proper.
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`DEMAND FOR JURY TRIAL
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`Plaintiff hereby demands a trial by jury on all issues so triable in accordance with Federal
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`Rule of Civil Procedure 38(b).
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`Dated: Valley Stream, New York
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`Case 1:20-cv-03909 Document 1 Filed 05/19/20 Page 5 of 5
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`May 19, 2020
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`LIEBOWITZ LAW FIRM, PLLC
`By: /s/Richard Liebowitz
` Richard P. Liebowitz
`11 Sunrise Plaza, Suite 305
`Valley Stream, NY 11580
`Tel: (516) 233-1660
`RL@LiebowitzLawFirm.com
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` Attorneys for Plaintiff Matilde Gattoni
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