Case 5:20-cv-00223-JD Document 1 Filed 03/10/20 Page 1 of 6
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF OKLAHOMA
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`NAKIA JOHNSON, an individual,
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`Plaintiff,
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`(1)
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`v.
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`1. AMAZON.COM, INC.,
`2. EBAY, INC.,
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`Defendants.
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`Case No. CIV-20-223-JD
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR DAMAGES AND INJUNCTION
`FOR COPYRIGHT INFRINGEMENT
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`COMES NOW the Plaintiff, Nakia Johnson ("Johnson"), an individual, for his claims for
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`relief against the Defendants, Amazon.com, Inc., and Ebay Inc., alleges and states as follows:
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`Parties, Jurisdiction, and Venue
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`1.
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`Johnson is an Oklahoma resident with his principal place of business located in
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`Spencer, Oklahoma, and doing business as Pictur It Designs & Apparel ("PIDA").
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`2.
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`3.
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`Defendants do business in the State of Oklahoma.
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`This is an action for copyright infringement arising under the Copyright Act of
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`1976, 17 U.S.C. § 101, et. seq. This court has jurisdiction of this action under 28 U.S.C. § 1331,
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`l338(a), and 1338(b).
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`4.
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`A substantial part of the events giving rise to the claims asse1ied herein occurred
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`within the Western District of Oklahoma, and venue is proper in this Court pursuant to 28 U.S. C.A.
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`§ 1391(b)(2) and 1400(a).
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`Factual Background
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`Case 5:20-cv-00223-JD Document 1 Filed 03/10/20 Page 2 of 6
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`Case 5:20-cv-00223-JD Document 1 Filed 03/10/20 Page 2 of 6
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`5.
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`Johnson is the owner of the United States registrations in the copyright for a Title
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`of Work entitled “RUN OKC” registered with the United States Copyright Office and assigned
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`Registration Number VA 1~888-770 (hereinafter referred to as “the Copyrighted Work”). The
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`Registration also included previous or alternative title as:
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`thunder rise together, RUN OKC, Okc
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`downtown (Skyline). A true and correct copy of the certificate of registration is attached hereto
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`as Exhibit 1.
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`6.
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`Johnson is currently and at all relevant times has been the sole proprietor of all
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`right, title and interest in and to the copyrights in the Copyrighted Work. Johnson has produced
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`and distributed the Copyrighted Work in strict conformity with the provision of the Copyright Act
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`of 1976 and all other laws governing copyright.
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`7.
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`Defendants have knowingly and willfully infringed Johnson’s exclusive rights in
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`the Copyrighted Work, both directly, contributorily, and vicariously, by copying copyrighted
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`features of the Copyrighted Work, by reproducing the Copyrighted Work in copies and clothing,
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`by preparing derivative works based upon the Copyrighted Work, and by issuing the Copyrighted
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`Work publicly.
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`8.
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`The natural, probable, and foreseeable result of the wrongful conduct ofDefendants
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`has been and will continued to be to deprive Johnson of the benefits of his copyright, to deprive
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`Johnson of goodwill, and to injure Johnson’s relationship with present and prospective customers.
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`9.
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`Johnson is informed and believes and on that basis alleges that unless enjoined by
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`this, Defendants intend to continue their course of conduct and to wrongfully use, infringe upon,
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`sell, or otherwise profit from Johnson’s copyrights and works derived therefrom.
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`10.
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`As a direct and proximate result of the acts of Defendants, alleged above, Johnson
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`has already suffered irreparable damages and on information and belief has sustained lost profits.
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`Case 5:20-cv-00223-JD Document 1 Filed 03/10/20 Page 3 of 6
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`Case 5:20-cv-00223-JD Document 1 Filed 03/10/20 Page 3 of 6
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`Johnson has no adequate remedy at law to redress all the injuries that Defendants have caused and
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`intend to cause by their conduct. Johnson will continue to suffer irreparable damages and sustain
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`lost profits until the actions of Defendants are enjoined by this Court.
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`FIRST CLAIM FOR RELIEF
`COPYRIGHT INFRINGEMENT 17 U.S.C.
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`101 ET. SE .
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`11.
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`Johnson alleges each and every allegation set forth in Paragraphs 1 through 10
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`inclusive, and incorporates them herein by reference.
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`12.
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`By their actions alleged above, Defendants have infringed, both directly,
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`contributorily, and vicariously, and will continue to infringe Johnson’s copyrights related to the
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`Copyrighted Work by reproducing the Copyrighted Work in copies, apparel, and clothing, by
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`preparing derived works based upon the Copyrighted Work, and by selling the Copyrighted Work
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`publicly, in direct infringement of Johnson’s copyrights.
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`13.
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`Johnson is entitled to an injunction restraining Defendants, their agents, employees,
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`and all persons acting in concert with them, from engaging in any further such acts in violation of
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`the copyright laws.
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`14.
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`Johnson is further entitled to recover from Defendants the damages he has sustained
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`and will sustain in the form of gains, profits, and advantages obtained by Defendants as a result of
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`their acts ofinfringement alleged above. At present, the amount of such damages, gains and profits,
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`and advantages cannot be fully ascertained by Johnson, but are believed to be in excess of Seventy—
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`Five Thousand Dollars ($75,000).
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`15.
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`Johnson alternatively seeks his statutory damages pursuant to 17 U.S.C. § 504,
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`including enhanced damages of not more than One Hundred Fifty Thousand Dollars ($150,000)
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`per infringement pursuant to 17 U.S.C. § 504(c)(2), an award of his costs and fees pursuant to 17
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`Case 5:20-cv-00223-JD Document 1 Filed 03/10/20 Page 4 of 6
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`Case 5:20-cv-00223-JD Document 1 Filed 03/10/20 Page 4 of 6
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`U.S.C. § 505, a permanent injunction pursuant to 17 U.S.C. § 502, an impoundment and disposition
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`of the infringing articles pursuant to 17 U.S.C. § 503.
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`PRAYER FOR RELIEF
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`WHEREFORE, Johnson prays for judgment against Defendants as follows:
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`A. That the Court find that Defendants have infringed Johnson’s copyrights in the
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`Copyrighted Work, both directly, contr‘ibutorily, and vicariously;
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`B. That the Court find that the substantial likelihood that Defendants will continue
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`to infringe Johnson’s copyright in the Copyrighted Work unless enjoined from
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`doing so;
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`C. That Defendants and their agents, servants, employees and all other persons in
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`active concert or privity, or in participation with them, be enjoined from directly
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`or
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`indirectly infringing copyrights
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`in the Copyrighted Work or
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`from
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`reproducing the Copyrighted Work in copies, apparel, and/or clothing, or from
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`preparing derivative works based upon the Copyrighted Work, and from
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`performing the Copyrighted Work publicly, or from participating or assisting
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`any such activities;
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`D. That Defendants and their agents, servants, employees and all other persons in
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`active concert or privity, or in participation with them, be enjoined and required
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`to return to Johnson any and all originals, copies, facsimiles or duplicates of the
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`Copyrighted Work in their possession, custody, or control;
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`B. That Defendants and their agents, servants, employees and all other persons in
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`active concert or privity, or in participation with them, be enjoined to recall
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`from all subcontractors,
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`independent contractors,
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`jobs, dealers,
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`retailers,
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`Case 5:20-cv-00223-JD Document 1 Filed 03/10/20 Page 5 of 6
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`distributors, customers, prospective customers, and all other known by them to
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`have any originals, copies, facsimiles or duplicates of the Copyrighted Work in
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`their possession, custody, or control which are shown by the evidence to
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`infringe on any copyright in the Copyrighted Work;
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`. That Defendants be enjoined to deliver upon oath to be impounded during the
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`pendency of this action and destroyed pursuant to judgment herein all originals,
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`copies, facsimiles or duplicates of any kind shown by the evidence to infringe
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`any copyright in the Copyrighted Work;
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`. That Defendants be required to file with the Court and to serve upon Johnson
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`within thirty (30) days after service ofthe Court’s Orders herein sought a report
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`in writing under oath setting forth in detail the manner and form in which
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`Defendants have complied with the Court’s Order;
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`. That judgment be entered for Johnson against Defendants for statutory damages
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`pursuant to 17 U.S.C. § 504;
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`That Defendants be required to account for all gains, profits, and advantages
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`derived from their acts of infringement and for their other violations of law;
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`That the Court find the conduct of Defendants to have been willful;
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`. That the Court award Johnson statutory damages for willful infringement in an
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`amount not to exceed One Hundred Fifty Thousand Dollars ($150,000) for each
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`copyrighted work which has been infringed;
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`. That the Court award Johnson his costs and attorney fees pursuant to 17 U.S.C.
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`§ 505; and
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`Case 5:20-cv-00223-JD Document 1 Filed 03/10/20 Page 6 of 6
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`M. That the Couit grant such other, further, and different relief as the Court deems
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`proper under the circumstances.
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`Respectfully submitted,
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`/s/ Stephen L. McCaleb
`Stephen L. McCaleb, OBA No. 15649
`Denyben'y & Naifeh, LLP
`4800 N. Lincoln Blvd.
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`Oklahoma City, OK 73105
`(405) 528—6569
`(405) 528~6462 — Fax
`steve@demyberry1aw.com
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`ATTORNEY’S LIEN CLAIMED
`JURY TRIAL DEMANDED
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