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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF TEXAS
`HOUSTON DIVISION
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`CASE NO.: 4:21-cv-3706
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`PREPARED FOOD PHOTOS, INC. FKA
`ADLIFE MARKETING &
`COMMUNICATIONS CO., INC.,
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`Plaintiff,
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`v.
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`ANDEAN GROUP LLC DBA
`FRESH2YOURDOOR,
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`Defendant.
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`(INJUNCTIVE RELIEF DEMANDED)
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`Plaintiff PREPARED FOOD PHOTOS, INC. FKA ADLIFE MARKETING &
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`COMMUNICATIONS CO., INC. by and through its undersigned counsel, brings this Complaint
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`against Defendant ANDEAN GROUP LLC DBA FRESH2YOURDOOR for damages and
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`injunctive relief, and in support thereof states as follows:
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`SUMMARY OF THE ACTION
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`Plaintiff PREPARED FOOD PHOTOS, INC. FKA ADLIFE MARKETING &
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`COMMUNICATIONS CO., INC. (“PFPI”) brings this action for violations of exclusive rights
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`under the Copyright Act, 17 U.S.C. § 106, to copy and distribute PFPI’s original copyrighted
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`Work of authorship.
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`Adlife is a retail food advertising company servicing retailers and wholesalers
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`throughout the United States for almost 40 years. Adlife specializes in custom photography, full
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`SRIPLAW
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`Case 4:21-cv-03706 Document 1 Filed on 11/11/21 in TXSD Page 2 of 6
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`service design and production, web and print management, mobile technology, and proprietary
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`digital advertising platforms.
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`Defendant ANDEAN GROUP LLC DBA FRESH2YOURDOOR (“Andean”) is
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`a retail food delivery service. At all times relevant herein, Andean owned and operated the
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`internet website located at the URL https://www.fresh2yourdoor.com/ (the “Website”).
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`PFPI alleges that Andean copied PFPI’s copyrighted Work from the internet in
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`order to advertise, market and promote its business activities. Andean committed the violations
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`alleged in connection with Andean’s business for purposes of advertising and promoting sales to
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`the public in the course and scope of the Andean’s business.
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`JURISDICTION AND VENUE
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`This is an action arising under the Copyright Act, 17 U.S.C. § 501.
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`This Court has subject matter jurisdiction over these claims pursuant to 28 U.S.C.
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`§§ 1331, 1338(a).
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`Defendant is subject to personal jurisdiction in Texas.
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`Venue is proper in this district under 28 U.S.C. § 1391(b) and (c) and 1400(a)
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`because the events giving rise to the claims occurred in this district, Defendant engaged in
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`infringement in this district, Defendant resides in this district, and Defendant is subject to
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`personal jurisdiction in this district.
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`DEFENDANT
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`Andean Group LLC dba Fresh2yourdoor is a Texas Limited Liability Company,
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`with its principal place of business at 10101 Fondren Road, Suite #400, Houston, TX 77096, and
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`can be served by serving its Registered Agent, Samuel Behar, 10101 Fondren Road, Suite #400,
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`Houston, TX 77096.
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`2
`SRIPLAW
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`Case 4:21-cv-03706 Document 1 Filed on 11/11/21 in TXSD Page 3 of 6
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`THE COPYRIGHTED WORK AT ISSUE
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`In 1998, PFPI created the photograph entitled “SeaBassChilean002”, which is
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`shown below and referred to herein as the “Work”.
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`PFPI registered the Work with the Register of Copyrights on October 23, 2016
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`and was assigned the registration number VA 2-022-051. The Certificate of Registration is
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`attached hereto as Exhibit 1.
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`PFPI’s Work is protected by copyright but is not otherwise confidential,
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`proprietary, or trade secrets.
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`At all relevant times PFPI was the owner of the copyrighted Work at issue in this
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`case.
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`3
`SRIPLAW
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`Case 4:21-cv-03706 Document 1 Filed on 11/11/21 in TXSD Page 4 of 6
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`purpose.
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`INFRINGEMENT BY DEFENDANT
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`Andean has never been licensed to use the Work at issue in this action for any
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`On a date after the Work at issue in this action was created, but prior to the filing
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`of this action, Andean copied the Work.
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`On or about July 1, 2019, PFPI discovered the unauthorized use of its Work on
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`the Website in order to advertise, market and promote sales of Chilean sea bass.
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`Andean copied PFPI’s copyrighted Work without PFPI’s permission.
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`After Andean copied the Work, it made further copies and distributed the Work
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`on the internet to promote the sale of goods and services as part of its retail food delivery service.
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`Andean copied and distributed PFPI’s copyrighted Work in connection with
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`Andean’s business for purposes of advertising and promoting Andean’s business, and in the
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`course and scope of advertising and selling products and services.
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`PFPI’s Works are protected by copyright but are not otherwise confidential,
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`proprietary, or trade secrets.
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`Andean committed copyright infringement of the Work as evidenced by the
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`documents attached hereto as Exhibit 2.
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`PFPI never gave Andean permission or authority to copy, distribute or display the
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`Work at issue in this case.
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`PFPI notified Andean of the allegations set forth herein on February 5, 2020 and
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`February 25, 2020. To date, the parties have failed to resolve this matter. Copies of the Notices
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`to Andean are attached hereto as Exhibit 3.
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`4
`SRIPLAW
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`Case 4:21-cv-03706 Document 1 Filed on 11/11/21 in TXSD Page 5 of 6
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`COUNT I
`COPYRIGHT INFRINGEMENT
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`PFPI incorporates the allegations of paragraphs 1 through 23 of this Complaint as
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`if fully set forth herein.
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`PFPI owns a valid copyright in the Work at issue in this case.
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`PFPI registered the Work at issue in this case with the Register of Copyrights
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`pursuant to 17 U.S.C. § 411(a).
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`Andean copied, displayed, and distributed the Work at issue in this case and made
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`derivatives of the Work without PFPI’s authorization in violation of 17 U.S.C. § 501.
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`Andean performed the acts alleged in the course and scope of its business
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`activities.
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`Andean’s acts were willful.
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`PFPI has been damaged.
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`The harm caused to PFPI has been irreparable.
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`WHEREFORE, the Plaintiff Prepared Food Photos, Inc. fka Adlife Marketing &
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`Communications Co., Inc. prays for judgment against the Defendant Andean Group LLC dba
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`Fresh2yourdoor that:
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`a.
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`Defendant and its officers, agents, servants, employees, affiliated entities,
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`and all of those in active concert with them, be preliminarily and permanently enjoined
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`from committing the acts alleged herein in violation of 17 U.S.C. § 501;
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`b.
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`Defendant be required to pay Plaintiff its actual damages and Andean’s
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`profits attributable to the infringement, or, at Plaintiff's election, statutory damages, as
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`provided in 17 U.S.C. § 504;
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`5
`SRIPLAW
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`Case 4:21-cv-03706 Document 1 Filed on 11/11/21 in TXSD Page 6 of 6
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`c.
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`Plaintiff be awarded its attorneys’ fees and costs of suit under the
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`applicable statutes sued upon;
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`Plaintiff be awarded pre- and post-judgment interest; and
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`Plaintiff be awarded such other and further relief as the Court deems just
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`d.
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`e.
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`and proper.
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`JURY DEMAND
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`Plaintiff hereby demands a trial by jury of all issues so triable.
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`DATED: November 11, 2021
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`Respectfully submitted,
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`/s/ Joel B. Rothman
`JOEL B. ROTHMAN
`joel.rothman@sriplaw.com
`CRAIG A. WIRTH
`craig.wirth@sriplaw.com
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`SRIPLAW
`21301 Powerline Road
`Suite 100
`Boca Raton, FL 33433
`561.404.4350 – Telephone
`561.404.4353 – Facsimile
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`Counsel for Plaintiff Prepared Food Photos, Inc.
`Fka Adlife Marketing & Communications Co., Inc.
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`6
`SRIPLAW
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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