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`CORRINE ELLSWORTH-BEAUMONT,
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`BRISTOL-MYERS SQUIBB COMPANY,
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`Plaintiff,
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`v.
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`Defendant.
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`Case 1:20-cv-09868 Document 1 Filed 11/23/20 Page 1 of 12
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`IN THE UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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`Civil Action No.:
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`COMPLAINT
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`JURY TRIAL DEMANDED
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`Plaintiff Corrine Ellsworth-Beaumont complains and alleges against Defendant Bristol-
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`Myers Squibb Company as follows:
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`THE PARTIES
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`1.
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`Plaintiff Corrine Ellsworth-Beaumont (hereinafter “Plaintiff”) is an individual
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`residing in Bountiful, Utah.
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`2.
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`Upon information and belief, Defendant Bristol-Myers Squibb Company
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`(hereinafter “Defendant”), is a Delaware corporation with a principal place of business at 430 E.
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`29th Street, 14th Floor, New York, NY 10016.
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`JURISDICTION AND VENUE
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`3.
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`This is an action for copyright infringement under the Copyright Act, 17 U.S.C.
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`§ 101 et seq. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331. This Court
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`also has subject matter jurisdiction under 28 U.S.C. § 1332 because there is complete diversity as
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`between Plaintiff and Defendant, and the amount in controversy in this action exceeds $75,000.
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`Case 1:20-cv-09868 Document 1 Filed 11/23/20 Page 2 of 12
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`4.
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`Upon information and belief, Defendant has its principal place of business in the
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`state of New York and conducts substantial business in New York from which this action arises,
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`in whole or in part, and is therefore subject to the jurisdiction of this Court.
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`5.
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`Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b)(1) because
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`Defendant resides in this district.
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`ALLEGATIONS COMMON TO ALL CLAIMS FOR RELIEF
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`The Dandelion Works
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`6.
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`Plaintiff is a leading expert in breast health communication design. After losing two
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`family members to breast cancer, Plaintiff struggled to find literature and resources to help increase
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`her understanding of breast cancer.
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`7.
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`As a professional designer, Plaintiff knows the power of a good visual to simplify
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`and explain complex subjects. Plaintiff’s research efforts inspired her to create educational
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`materials to help patients and their family members better understand the symptoms of and
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`treatments for breast cancer.
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`8.
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`Among other endeavors, Plaintiff started the non-profit organization Worldwide
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`Breast Cancer, which she has used to educate millions of women around the world about breast
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`cancer.
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`9.
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`Plaintiff has also developed various visual guides that explain concepts relating to
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`cancer using common objects such as fruits and plants.
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`10.
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`One of these works uses a dandelion as the central metaphor. Plaintiff compares the
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`different methods of treating a dandelion outbreak (e.g., using a general weed killer, using a
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`2
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`Case 1:20-cv-09868 Document 1 Filed 11/23/20 Page 3 of 12
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`targeted weed killer, digging the dandelions up, etc.) with different methods of treating breast
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`cancer (e.g., chemotherapy, hormone therapy, surgery, etc.).
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`11.
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`Some examples from the Dandelion Works are shown below:
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`12.
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`Plaintiff has authored several creative works using this dandelion metaphor
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`(collectively, “the Dandelion Works”).
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`13.
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`Plaintiff acquired copyright Reg. No. VAu 1-346-869 for some of the Dandelion
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`Works. A copy of this copyright certificate and the materials it covers is attached as Exhibit A.
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`14.
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`Plaintiff also acquired copyright Reg. Nos. VAu 1-396-812 for some of the
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`Dandelion Works.
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`15.
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`Since creating the Dandelion Works, Plaintiff has publicly displayed and published
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`them at numerous cancer conferences since 2015. Defendant attended one or more of the
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`conferences at which the Dandelion Works were displayed. The Dandelion Works are well-known
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`in the pharmaceutical community that focuses on cancer treatments.
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`3
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`Case 1:20-cv-09868 Document 1 Filed 11/23/20 Page 4 of 12
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`Defendant’s Infringing Works
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`16.
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`Defendant is an international pharmaceutical company that manufactures and
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`markets a wide variety of drugs and medical treatments, including treatments for various types of
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`cancer.
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`17.
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`Plaintiff discovered that Defendant created derivative works of some of Plaintiff’s
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`copyrighted materials and is using those works in Defendant’s own marketing materials to promote
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`Defendant’s immuno-oncology treatments.
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`18.
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`For example, Plaintiff explains radiation treatments using images showing a
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`magnifying glass that targets dandelions by increasing the power of the sun. Defendant uses
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`materials similar to these, as shown below:
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`Plaintiff
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`Defendant
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`4
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`Case 1:20-cv-09868 Document 1 Filed 11/23/20 Page 5 of 12
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`19.
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`Plaintiff explains surgery using images showing a garden trowel digging up a
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`dandelion. Defendant uses similar visuals, as shown below:
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`Plaintiff
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`Defendant
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`5
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`Case 1:20-cv-09868 Document 1 Filed 11/23/20 Page 6 of 12
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`20.
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`Plaintiff explains chemotherapy using images showing a general weed killer
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`applied to a dandelion and everything around it. Defendant also utilizes this visual, as seen below:
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`Plaintiff
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`Defendant
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`6
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`Case 1:20-cv-09868 Document 1 Filed 11/23/20 Page 7 of 12
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`21.
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`Plaintiff explains targeted therapy using images showing a general weed killer
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`applied to a dandelion and everything around it. Defendant also utilizes this visual, as seen below:
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`Plaintiff
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`Defendant
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`7
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`Case 1:20-cv-09868 Document 1 Filed 11/23/20 Page 8 of 12
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`22.
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`Viewing the work as a whole, Defendant’s publications show that Defendant used
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`the creative expression in the Dandelion Works to make derivative works to advertise its
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`immunotherapy offerings:
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`Plaintiff
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`Defendant
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`“Think of a cancer cell as a dandelion that
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`has turned to seed. The same ways we treat
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`a dandelion are a lot like the options we
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`have for treating metastatic breast
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`cancer…”
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`8
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`Case 1:20-cv-09868 Document 1 Filed 11/23/20 Page 9 of 12
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`23.
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`Prior to using Plaintiff’s Dandelion Works to make its derivative dandelion works,
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`Plaintiff explained and visualized how immuno-oncology works as follows:
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`24.
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`In 2018, after the Plaintiff’s Dandelion Works became known in the oncology field
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`Defendant changed its publication to explain immuno-oncology using derivative works of the
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`Dandelion Works:
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`9
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`Case 1:20-cv-09868 Document 1 Filed 11/23/20 Page 10 of 12
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`25.
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`On April 21, 2020, Plaintiff sent Defendant a letter informing Defendant that its
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`materials infringe Plaintiff’s copyrights and demanding that Defendant cease using materials
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`derived from the Dandelion Works. A copy of that letter is attached hereto as Exhibit B.
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`26.
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`Notwithstanding this notice, Defendant has refused to cease using Plaintiff’s
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`copyrighted materials.
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`27.
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`Plaintiff has suffered damages, and Defendant has earned wrongful profits, in
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`amounts to be proven at trial, as a result of the aforementioned conduct. Unless restrained and
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`enjoined by this Court, Defendant will cause irreparable harm to Plaintiff, for which there is no
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`adequate remedy at law.
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`10
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`Case 1:20-cv-09868 Document 1 Filed 11/23/20 Page 11 of 12
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`CAUSES OF ACTION
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`COUNT I
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`Copyright Infringement Under 17 U.S.C. § 501
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`28.
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`Plaintiff hereby realleges and incorporates by reference the allegations of
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`paragraphs 1–27 of this Complaint into this Claim for Relief as though fully set forth herein.
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`29.
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`The Dandelion Works were created by Plaintiff and constitute original works of
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`authorship fixed in a tangible medium of expression. Therefore, Plaintiff owns a copyright in the
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`Dandelion Works.
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`30.
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`On August 7, 2018, Plaintiff’s Reg. No. VAu 1-346-869 was duly and legally issued
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`by the United States Copyright Office. Plaintiff is the sole owner of this registration.
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`31.
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`Upon information and belief, Defendant has reproduced, prepared derivative works
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`based upon, distributed, and publicly displayed the Dandelion Works or derivatives of the
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`Dandelion Works without Plaintiff’s consent.
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`32.
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`Plaintiff has been damaged by Defendant’s copyright infringement, and Defendant
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`has inequitably profited from its copyright infringement.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff prays for judgment as follows:
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`A.
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`For judgment holding Defendant liable for copyright infringement under 17 U.S.C.
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`§ 501;
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`B.
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`For a temporary restraining order, preliminary and permanent injunction
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`prohibiting Defendant from infringing the copyright in Plaintiff’s Dandelion Works under 17
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`U.S.C. § 502(a);
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`11
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`Case 1:20-cv-09868 Document 1 Filed 11/23/20 Page 12 of 12
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`C.
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`For an order requiring Defendant to destroy all copies of its infringing materials
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`under 17 U.S.C. § 503(b);
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`D.
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`For an award of actual damages suffered by Plaintiff as a result of Defendant’s
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`copyright infringement and of any of Defendant’s profits that are attributable to the copyright
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`infringement under 17 U.S.C. § 502(a);
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`E.
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`F.
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`G.
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`For an award of costs and attorney fees pursuant to 17 U.S.C. § 505;
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`For an award of costs pursuant to Fed.R.Civ.P. 54(d)(1); and
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`Such other relief as the Court may deem equitable and appropriate.
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`JURY DEMAND
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`Under Fed. R. Civ. P. 38(b), Corrine Ellsworth-Beaumont hereby demands a trial by jury
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`on all issues triable as of right by a jury.
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` DATED: November 23, 2020
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`/s/ Peter A. Gergely
`Peter A. Gergely
`New York Bar No. 5671458
`MERCHANT & GOULD P.C.
`767 Third Avenue, Suite 23C
`New York, New York 10017
`Telephone: (212) 223-6520
`pgergely@merchantgould.com
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`Attorneys for Plaintiff,
`Corrine Ellsworth-Beaumont
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`12
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