Case 1:22-cv-05279-NRB Document 1 Filed 06/22/22 Page 1 of 10
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
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` JURY TRIAL DEMANDED
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`Greetings Tour, Inc., a California corporation, Case No.:
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` COMPLAINT FOR:
`Plaintiff,
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`v.
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`American Broadcasting Companies Inc., a
`New York corporation; and DOES 1-10,
`inclusive,
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`Defendants.
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`1. Copyright Infringement;
`2. Vicarious and/or Contributory
`Copyright Infringement; and
`3. Violations of the Digital
`Millennium Copyright Act (17
`U.S.C. § 1202)
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`1
`COMPLAINT
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`Case 1:22-cv-05279-NRB Document 1 Filed 06/22/22 Page 2 of 10
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`Plaintiff, Greetings Tour, Inc. (“Greetings Tour” or “Plaintiff”), by and through its
`undersigned attorneys, hereby prays to this honorable court for relief based on the following:
`JURISDICTION AND VENUE
`This action arises under the Copyright Act of 1976, Title 117 U.S.C. § 101, et seq.
`This Court has federal question jurisdiction under 28 U.S.C. §§ 1331 and 1338 (a)
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`1.
`2.
`and (b).
`3.
`The Court has personal jurisdiction over Defendants and each of them because
`Defendants have purposefully directed their unlawful conduct to this judicial district and have
`conducted substantial business in this judicial district.
`4.
`Venue is proper under 28 U.S.C. § 1391(c) and 1400(a) because a substantial part
`of the acts and omissions giving rise to the claims occurred here.
`PARTIES
`5.
`Plaintiff is a corporation located in California.
`6.
`Plaintiff is informed and believes and thereon alleges that Defendant American
`Broadcasting Companies, Inc. (“ABC”), which airs the program entitled, “The Bachelor”, is a
`New York corporation, having its principal place of business in New York, New York, and does
`business in and with New York and this District.
`7.
`Plaintiff is informed and believes and thereon alleges that Defendants Does 1
`through 10, inclusive (collectively with ABC, “Defendants”), are other parties not yet identified
`who have infringed Plaintiff’s copyright, have contributed to the infringement of Plaintiff’s
`copyright, or have engaged in one or more of the wrongful practices alleged herein. The true
`names, whether corporate, individual or otherwise, of Defendants 1 through 10, inclusive, are
`presently unknown to Plaintiff, which therefore sues said Defendants by such fictitious names,
`and will seek leave to amend this Complaint to show their true names and capacities when same
`have been ascertained.
`8.
`Plaintiff is informed and believes and thereon alleges that at all times relevant
`hereto each of the Defendants was the agent, affiliate, officer, director, manager, principal, alter-
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`2
`COMPLAINT
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`Case 1:22-cv-05279-NRB Document 1 Filed 06/22/22 Page 3 of 10
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`ego, and/or employee of the remaining Defendants and was at all times acting within the scope
`of such agency, affiliation, alter-ego relationship and/or employment; and actively participated in
`or subsequently ratified and/or adopted each of the acts or conduct alleged, with full knowledge
`of all the facts and circumstances, including, but not limited to, full knowledge of each violation
`of Plaintiff’s rights and the damages to Plaintiff proximately caused thereby.
`CLAIMS RELATED TO PLAINTIFF’S ARTWORK
`9.
`Plaintiff is a traveling postcard mural project by mural artist Victor “Ving” Fung
`and photographer Lisa Beggs. Greetings Tour, Inc. works with communities to create colorful
`murals featuring local landmarks, history and culture. Plaintiff has created murals in cities across
`the United States including Honolulu, Anchorage, San Diego, New Orleans, Moab, Chicago,
`Tucson and Louisville.
`Fung created the original mural depicted in Exhibit A attached hereto (the
`10.
`“Subject Mural”) and transferred all rights, including copyrights and related claims, in and to the
`Subject Mural to Plaintiff.
`11.
`Plaintiff is the sole owner of the exclusive rights, title, interests, and privileges in
`and to the Subject Mural.
`12.
`The Subject Mural is registered with the U.S. Copyright Office.
`13.
`Prior to the acts complained of herein, the Subject Mural was published to the
`public and otherwise made widely available to viewers.
`14.
`Upon information and belief, Plaintiff alleges that Defendants, and each of them,
`have willfully copied, reproduced, and distributed the Subject Mural for commercial benefit by,
`without limitation, reproducing the Subject Mural in their TV program The Bachelor that is
`controlled, owned, supervised, and/or operated by ABC. True and correct copies and screen
`captures of Defendants’ unauthorized uses are depicted in Exhibit B attached hereto (“Infringing
`Content”). These copies and screen captures represent non-inclusive exemplars of the Infringing
`Content.
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`COMPLAINT
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`Case 1:22-cv-05279-NRB Document 1 Filed 06/22/22 Page 4 of 10
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`15.
`Plaintiff has not in any way authorized Defendants, or any of them, to copy,
`reproduce, duplicate, disseminate, distribute, create derivative works of, or otherwise exploit the
`Subject Mural. The Defendant did not contact Plaintiff and obtain a license to use the Subject
`Mural before the exploitation at issue.
`16.
`Prior to the filing of this litigation, Plaintiff, through its attorneys, contacted
`Defendant and demanded that they remove the infringing work at issue and requested that they
`resolve the dispute on a reasonable basis. Despite the foregoing, no reasonable resolution could
`be reached.
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`FIRST CLAIM FOR RELIEF
`(For Copyright Infringement – Against all Defendants, and Each)
`17.
` Plaintiff repeats, re-alleges, and incorporates herein by reference as though fully
`set forth, the allegations contained in the preceding paragraphs.
`18.
` Plaintiff alleges on information and belief that Defendants, and each of them,
`accessed the Subject Mural by, without limitation, viewing the Subject Mural in person or on
`Plaintiff’s website or social media profiles. Access is further evidenced by the Subject Mural’s
`exact reproduction in the Infringing Content.
`19.
`Plaintiff alleges on information and belief that Defendants, and each of them,
`copied, reproduced, displayed, and distributed the Subject Mural on The Bachelor at least on the
`episode(s) depicted in Exhibit B hereto.
`20.
` Plaintiff alleges on information and belief that Defendants, and each of them,
`infringed Plaintiff’s copyright by creating infringing derivative works from the Subject Mural
`and publishing same to the public for commercial benefit.
`21.
` Due to Defendants’, and each of their, acts of infringement, Plaintiff has suffered
`general and special damages in an amount to be established at trial.
`22.
` Due to Defendants’ acts of copyright infringement as alleged herein, Defendants,
`and each of them, have obtained direct and indirect profits they would not otherwise have
`realized but for their infringement of Plaintiff’s rights in the Subject Mural. As such, Plaintiff is
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`4
`COMPLAINT
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`Case 1:22-cv-05279-NRB Document 1 Filed 06/22/22 Page 5 of 10
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`entitled to disgorgement of Defendants’ profits directly and indirectly attributable to Defendants’
`infringement of Plaintiff’s rights in the Subject Mural in an amount to be established at trial.
`23.
` Plaintiff alleges on information and belief that Defendants, and each of them,
`have committed acts of copyright infringement, as alleged above, which were willful, intentional
`and malicious, which further subjects Defendants, and each of them, to liability for statutory
`damages under Section 504(c)(2) of the Copyright Act in the sum of up one hundred fifty
`thousand dollars ($150,000.00) per infringement and/or a preclusion from asserting certain
`equitable and other defenses.
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`SECOND CLAIM FOR RELIEF
`(For Vicarious and/or Contributory Copyright Infringement – Against all Defendants, and
`Each)
`24.
` Plaintiff repeats, re-alleges, and incorporates herein by reference as though fully
`set forth, the allegations contained in the preceding paragraphs.
`25.
`Plaintiff alleges on information and belief that Defendants knowingly induced,
`participated in, aided and abetted in and profited from the illegal reproduction and distribution of
`the Subject Mural as alleged hereinabove. Such conduct included, without limitation, publishing
`murals obtained from third parties that Defendant(s) knew, or should have known, were not
`authorized to be published by Defendant(s); publishing the Infringing Content on affiliate, third-
`party, and social media sites; and distributing the Infringing Content to third-parties for further
`publication.
`26.
` Plaintiff alleges on information and belief that Defendants, and each of them, are
`vicariously liable for the infringement alleged herein because they had the right and ability to
`supervise the infringing conduct and because they had a direct financial interest in the infringing
`conduct. Specifically, Defendants, and each of them, received revenue in connection with the
`Infringing Content, and were able to supervise the distribution, broadcast, and publication of said
`content.
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`COMPLAINT
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`27.
` Due to Defendants’, and each of their, acts of contributory and vicarious
`infringement as alleged above, Plaintiff has suffered general and special damages in an amount
`to be established at trial.
`28.
` Due to Defendants’ acts of copyright infringement as alleged herein, Defendants,
`and each of them, have obtained direct and indirect profits they would not otherwise have
`realized but for their infringement of Plaintiff’s rights in the Subject Mural. As such, Plaintiff is
`entitled to disgorgement of Defendants’ profits directly and indirectly attributable to Defendants’
`infringement of its rights in the Subject Mural, in an amount to be established at trial.
`29.
`Plaintiff alleges on information and belief that Defendants, and each of them,
`have committed acts of copyright infringement, as alleged above, which were willful, intentional
`and malicious, which further subjects Defendants, and each of them, to liability for statutory
`damages under Section 504(c)(2) of the Copyright Act in the sum of up to $150,000.00 per
`infringement and/or a preclusion from asserting certain equitable and other defenses.
`THIRD CLAIM FOR RELIEF
`(For Violations of the 17 U.S.C. §1202 – Against all Defendants, and Each)
`30.
` Plaintiff repeats, re-alleges, and incorporates herein by reference as though fully
`set forth, the allegations contained in the preceding paragraphs.
`31.
` The Subject Mural was routinely published without attribution, credit, and other
`copyright management information identifying Plaintiff as the author.
`32.
` Plaintiff alleges on information and belief that Defendants, and each of them,
`removed Plaintiff’s copyright management information, as described above, from the Subject
`Mural, and/or added false copyright management information to the Subject Mural, before
`distributing and publishing same to the public.
`33.
`On information and belief, Plaintiff alleges that Defendants, and each of them,
`digitally altered the Subject Mural and removed Plaintiff’s name and identifying information
`from the Subject Mural before broadcasting same to the public.
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`34.
`On information and belief, Plaintiff alleges that Defendants, and each of them,
`removed Plaintiff’s copyright management information from the Subject Mural, and distributed
`images of the Subject Mural, despite knowledge that such use was infringement.
`35.
` Plaintiff alleges on information and belief that Defendants, and each of them,
`distributed, published, and displayed the Subject Mural via the TV Program The Bachelor
`depicted in Exhibit B hereto, under its own name, and removing Plaintiff’s attribution
`information, including without limitation its name and/or metadata.
`36.
` The aforementioned facts constitute “copyright management information” as that
`phrase is defined in 17 U.S.C. §1202(c) and said information on and in the Infringing Content is
`false.
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`37. When Defendants distributed and published the Subject Mural, they knowingly
`provided and/or distributed false copyright management information in violation of 17 U.S.C.
`§1202(a). As a result of the foregoing, Plaintiff has been damaged and may recover those
`damages as well as Defendants’ profits, and/or statutory damages, and attorneys’ fees under 17
`U.S.C. §1203.
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`PRAYER FOR RELIEF
`Wherefore, Plaintiff prays for judgment as follows:
`Against all Defendants, and Each:
`With Respect to Each Claim for Relief:
`1. That Defendants, and each of them, as well as their employees, agents, or anyone
`acting in concert with them, be enjoined from infringing Plaintiff’s copyright in
`the Subject Mural, including, without limitation, an order requiring Defendants,
`and each of them, to remove the Subject Mural from any program, advertisement,
`or other publication owned, operated and controlled by any Defendant;
`2. That Plaintiff be awarded all profits of Defendants, and each of them, plus all
`losses of Plaintiff, plus any other monetary advantage gained by the Defendants,
`and each of them, through their infringement, the exact sum to be proven at the
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`time of trial, and, to the extent available, statutory damages as available under the
`17 U.S.C. § 504, 17 U.S.C. §1203, and other applicable law;
`3. That a constructive trust be entered over any revenues or proceeds realized by
`Defendants, and each of them, through their infringement of Plaintiff’s rights;
`4. That Plaintiff recover its attorneys’ fees as available under the Copyright Act
`U.S.C. §505 and/or §1203;
`5. That Plaintiff be awarded its costs and fees under the statutes set forth above;
`6. That Plaintiff be awarded statutory damages and/or penalties as set forth above;
`7. That Plaintiff be awarded pre-judgment interest as allowed by law;
`8. That Plaintiff be awarded the costs of this action; and
`9. That Plaintiff receive such legal and equitable relief as the Court deems proper.
`JURY DEMAND
`Plaintiff demands a jury trial on all issues so triable pursuant to Fed. R. Civ. P. 38 and the
`7th Amendment to the United States Constitution.
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`Dated: June 22, 2022
`New York, New York
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` Respectfully submitted,
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` By: _______________________
`Scott Alan Burroughs, Esq.
`Laura M. Zaharia, Esq.
`DONIGER / BURROUGHS
`247 Water Street, First Floor
`New York, New York 10038
`(310) 590-1820
`scott@donigerlawfirm.com
`lzaharia@donigerlawfirm.com
`Attorneys for Plaintiff
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`8
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`EXHIBIT A
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`Case 1:22-cv-05279-NRB Document 1 Filed 06/22/22 Page 9 of 10
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`Case 1:22-cv-05279-NRB Documenti1 Filed
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`9
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`EXHIBIT B
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`Case 1:22-cv-05279-NRB Document 1 Filed 06/22/22 Page 10 of 10
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`10
`COMPLAINT
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