Case 2:22-cv-00256-WSS Document 1 Filed 02/10/22 Page 1 of 6
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF PENNSYLVANIA
`PITTSBURGH DIVISION
`
`CASE NO.: 2:22-cv-256
`
`PREPARED FOOD PHOTOS, INC. FKA
`ADLIFE MARKETING &
`COMMUNICATIONS CO., INC.,
`
`Plaintiff,
`
`v.
`
`GREGORY KOCKETKOV D/B/A LA
`FELICE PIZZA & PASTA,
`
`Defendant.
`
`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 Defendant GREGORY KOCKETKOV D/B/A LA FELICE PIZZA & PASTA for
`
`damages and injunctive relief, and in support thereof states as follows:
`
`SUMMARY OF THE ACTION
`
`1.
`
`Plaintiff PREPARED FOOD PHOTOS, INC. FKA ADLIFE MARKETING &
`
`COMMUNICATIONS CO., INC. (“Adlife”) brings this action for violations of exclusive rights
`
`under the Copyright Act, 17 U.S.C. § 106, to copy and distribute Adlife’s original copyrighted
`
`Work of authorship.
`
`2.
`
`Adlife is a retail food advertising company servicing retailers and wholesalers
`
`throughout the United States for almost 40 years. Adlife specializes in custom photography, full
`
`SRIPLAW
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
`
`
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF PENNSYLVANIA
`PITTSBURGH DIVISION
`
`CASE NO.: 2:22-cv-256
`
`PREPARED FOOD PHOTOS, INC. FKA
`ADLIFE MARKETING &
`COMMUNICATIONS CO., INC.,
`
`Plaintiff,
`
`v.
`
`GREGORY KOCKETKOV D/B/A LA
`FELICE PIZZA & PASTA,
`
`Defendant.
`
`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 Defendant GREGORY KOCKETKOV D/B/A LA FELICE PIZZA & PASTA for
`
`damages and injunctive relief, and in support thereof states as follows:
`
`SUMMARY OF THE ACTION
`
`1.
`
`Plaintiff PREPARED FOOD PHOTOS, INC. FKA ADLIFE MARKETING &
`
`COMMUNICATIONS CO., INC. (“Adlife”) brings this action for violations of exclusive rights
`
`under the Copyright Act, 17 U.S.C. § 106, to copy and distribute Adlife’s original copyrighted
`
`Work of authorship.
`
`2.
`
`Adlife is a retail food advertising company servicing retailers and wholesalers
`
`throughout the United States for almost 40 years. Adlife specializes in custom photography, full
`
`SRIPLAW
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
`
`
`
`Case 2:22-cv-00256-WSS Document 1 Filed 02/10/22 Page 2 of 6
`
`service design and production, web and print management, mobile technology, and proprietary
`
`digital advertising platforms.
`
`3.
`
`Defendant GREGORY KOCKETKOV D/B/A LA FELICE PIZZA & PASTA
`
`(“Felice-Pizza”) is a pizzeria restaurant. At all times relevant herein, Felice-Pizza owned and
`
`operated the internet website located at the URL https://pizzalafelice.com/ (the “Website”).
`
`Adlife alleges that Felice-Pizza copied Adlife’s copyrighted Work from the internet in
`
`order to advertise, market and promote its business activities. Felice-Pizza committed the
`
`violations alleged in connection with Felice-Pizza’s business for purposes of advertising and
`
`promoting sales to the public in the course and scope of the Felice-Pizza’s business.
`
`JURISDICTION AND VENUE
`
`5.
`
`6.
`
`This is an action arising under the Copyright Act, 17 U.S.C. § 501.
`
`This Court has subject matter jurisdiction over these claims pursuant to 28 U.S.C.
`
`§§ 1331, 1338(a).
`
`7.
`
`8.
`
`Defendant is subject to personal jurisdiction in Pennsylvania.
`
`Venue is proper in this district under 28 U.S.C. § 1391(b) and (c) and 1400(a)
`
`because the events giving rise to the claims occurred in this district, Defendant engaged in
`
`infringement in this district, Defendant resides in this district, and Defendant is subject to
`
`personal jurisdiction in this district.
`
`DEFENDANT
`
`9.
`
`Gregory Kocketkov D/B/A La Felice Pizza & Pasta is a Pennsylvania-domestic
`
`fictitious name, with its principal place of business at 3324 Babcock Blvd, Pittsburgh, PA 15237,
`
`and can be served by serving its owner, Gregory Kocketkov, at 352 Oakville Drive, Unit #TA,
`
`Pittsburgh, PA 15220.
`
`THE COPYRIGHTED WORK AT ISSUE
`2
`SRIPLAW
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
`
`
`
`Case 2:22-cv-00256-WSS Document 1 Filed 02/10/22 Page 3 of 6
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`In 1998, Adlife created the photograph entitled “SandwichSub001”, which is shown
`below and referred to herein as the “Work”.
`
`Adlife registered the Work with the Register of Copyrights on October 31, 2016 and was
`
`assigned the registration number VA 2-020-970. The Certificate of Registration is attached
`
`hereto as Exhibit 1.
`
`Adlife’s Work is protected by copyright but is not otherwise confidential, proprietary, or
`
`trade secrets.
`
`13.
`
`At all relevant times Adlife was the owner of the copyrighted Work at issue in
`
`this case.
`
`3
`SRIPLAW
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
`
`
`
`Case 2:22-cv-00256-WSS Document 1 Filed 02/10/22 Page 4 of 6
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`INFRINGEMENT BY DEFENDANT
`
`14.
`
`Felice-Pizza has never been licensed to use the Work at issue in this action for
`
`any purpose.
`
`15.
`
`On a date after the Work at issue in this action was created, but prior to the filing
`
`of this action, Felice-Pizza copied the Work.
`
`16.
`
`On or about April 25, 2019, Adlife discovered the unauthorized use of its Work
`
`on the Website. The Work was used for offering chicken ranchero sandwiches.
`
`17.
`
`18.
`
`Felice-Pizza copied Adlife’s copyrighted Work without Adlife’s permission.
`
`After Felice-Pizza copied the Work, it made further copies and distributed the
`
`Work on the internet to promote the sale of goods and services as part of its daily commercial
`
`activities.
`
`19.
`
`Felice-Pizza copied and distributed Adlife’s copyrighted Work in connection with
`
`Felice-Pizza’s business for purposes of advertising and promoting Felice-Pizza’s business, and in
`
`the course and scope of advertising and selling products and services.
`
`20.
`
`Adlife’s Works are protected by copyright but are not otherwise confidential,
`
`proprietary, or trade secrets.
`
`21.
`
`Felice-Pizza committed copyright infringement of the Work as evidenced by the
`
`documents attached hereto as Exhibit 2.
`
`22.
`
`Adlife never gave Felice-Pizza permission or authority to copy, distribute or
`
`display the Work at issue in this case.
`
`23.
`
`Adlife notified Felice-Pizza of the allegations set forth herein on February 23,
`
`2021 and March 11, 2021. To date, Felice-Pizza has failed to respond to Plaintiff’s Notices.
`
`Copies of the Notices to Felice-Pizza are attached hereto as Exhibit 3.
`
`4
`SRIPLAW
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
`
`
`
`Case 2:22-cv-00256-WSS Document 1 Filed 02/10/22 Page 5 of 6
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`COPYRIGHT INFRINGEMENT
`
`24.
`
`Adlife incorporates the allegations of paragraphs 1 through 23 of this Complaint
`
`as if fully set forth herein.
`
`25.
`
`26.
`
`Adlife owns a valid copyright in the Work at issue in this case.
`
`Adlife registered the Work at issue in this case with the Register of Copyrights
`
`pursuant to 17 U.S.C. § 411(a).
`
`27.
`
`Felice-Pizza copied, displayed, and distributed the Work at issue in this case and
`
`made derivatives of the Work without Adlife’s authorization in violation of 17 U.S.C. § 501.
`
`28.
`
`Felice-Pizza performed the acts alleged in the course and scope of its business
`
`activities.
`
`29.
`
`30.
`
`31.
`
`Felice-Pizza’s acts were willful.
`
`Adlife has been damaged.
`
`The harm caused to Adlife has been irreparable.
`
`WHEREFORE, the Plaintiff Prepared Food Photos, Inc. fka Adlife Marketing &
`
`Communications Co., Inc. prays for judgment against the Defendant Gregory Kocketkov D/B/A
`
`La Felice Pizza & Pasta that:
`
`a.
`
`Defendant and its officers, agents, servants, employees, affiliated entities,
`
`and all of those in active concert with them, be preliminarily and permanently enjoined
`
`from committing the acts alleged herein in violation of 17 U.S.C. § 501;
`
`b.
`
`Defendant be required to pay Plaintiff its actual damages and Felice-
`
`Pizza’s profits attributable to the infringement, or, at Plaintiff's election, statutory
`
`damages, as provided in 17 U.S.C. § 504;
`
`5
`SRIPLAW
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
`
`
`
`Case 2:22-cv-00256-WSS Document 1 Filed 02/10/22 Page 6 of 6
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`Plaintiff be awarded its attorneys’ fees and costs of suit under the applicable
`
`statutes sued upon;
`
`Plaintiff be awarded pre- and post-judgment interest; and
`
`Plaintiff be awarded such other and further relief as the Court deems just
`
`d.
`
`e.
`
`and proper.
`
`JURY DEMAND
`
`Plaintiff hereby demands a trial by jury of all issues so triable.
`
`DATED: February 10, 2022
`
`Respectfully submitted,
`
`/s/Joseph A. Dunne
`JOSEPH A. DUNNE
`PA Bar Number: 325562
`joseph.dunne@sriplaw.com
`
`SRIPLAW, P.A.
`125 Maiden Lane
`Suite 5C
`New York, NY 10038
`929.200.8446 – Telephone
`561.404.4353 – Facsimile
`
`Counsel for Plaintiff Prepared Food Photos, Inc.
`Fka Adlife Marketing & Communications Co., Inc.
`
`6
`SRIPLAW
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
`
`
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