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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF WISCONSIN
`GREEN BAY DIVISION
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`CASE NO.:
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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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` & C MARKETS, INC.,
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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 T & C MARKETS, INC. for damages and injunctive relief, and in support
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`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. (“PFP”) 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 PFP’s original copyrighted
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`Works of authorship.
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`PFP is a retail food advertising company servicing retailers and wholesalers
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`throughout the United States for almost 40 years. PFP specializes in custom photography, full
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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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`SRIPLAW
`Case 1:22-cv-00341 Filed 03/17/22 Page 1 of 6 Document 1
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`Defendant T & C MARKETS, INC. (“T & C”) is a regional grocery store chain.
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`At all times relevant herein, T & C owned and operated the internet website located at the URL
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`https://www.tadychseconofoods.com/ (the “Website”).
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`PFP alleges that T & C copied PFP’s copyrighted Works from the internet in
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`order to advertise, market and promote its business activities. T & C committed the violations
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`alleged in connection with T & C’s business for purposes of advertising and promoting sales to
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`the public in the course and scope of T & C’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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`This Court has personal jurisdiction over T & C by virtue of its presence in this
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`District and by virtue of its transacting, doing, and soliciting business in this District.
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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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`T & C Markets, Inc. is a Michigan Corporation, with its principal place of
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`business at 109 S Main Street, Brillion, WI 54110, and can be served by serving its Registered
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`Agent, James Tadych, 109 S Main Street, Brillion, WI 54110.
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`SRIPLAW
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`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`THE COPYRIGHTED WORKS AT ISSUE
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`In 2001, PFP created the photographs entitled “ChickenDrumsticksHC1105”, and
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`“PorkLoinBnls005_ADL” which are shown below and collectively referred to herein as the
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`“Works”.
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`SRIPLAW
`Case 1:22-cv-00341 Filed 03/17/22 Page 3 of 6 Document 1
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`PFP registered the Works with the Register of Copyrights on June 8, 2017 and
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`January 30, 2017, and was assigned registration numbers VA 2-055-100 and VA 2-046-789.
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`The Certificates of Registration are attached hereto as Exhibit 1.
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`PFP’s Works are protected by copyright but are not otherwise confidential,
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`proprietary, or trade secrets.
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`case.
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`At all relevant times PFP was the owner of the copyrighted Works at issue in this
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`INFRINGEMENT BY DEFENDANT
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`T & C never licensed the Works at issue in this action for any purpose.
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`On a date after the Works at issue in this action were created, but prior to the
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`filing of this action, T & C copied the Works.
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`On or about March 26, 2019, PFP discovered the unauthorized use of its Works
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`on the Website.
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`T & C copied PFP’s copyrighted Works without PFP’s permission.
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`After T & C copied the Works, it made further copies and distributed the Works
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`on the internet to promote the sale of goods and services as part of its grocery business.
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`T & C copied and distributed PFP’s copyrighted Works in connection with T &
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`C’s business for purposes of advertising and promoting T & C’s business, and in the course and
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`scope of advertising and selling products and services.
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`PFP’s Works are protected by copyright but are not otherwise confidential,
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`proprietary, or trade secrets.
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`T & C committed copyright infringement of the Works as evidenced by the
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`documents attached hereto as Exhibit 2.
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`SRIPLAW
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`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`PFP never gave T & C permission or authority to copy, distribute or display the
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`Works at issue in this case.
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`PFP notified T & C of the allegations set forth herein on May 13, 2021 and June
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`3, 2021. To date, T & C has failed to respond to Plaintiff’s Notices. Copies of the Notices to T
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`& C are attached hereto as Exhibit 3.
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`COUNT I
`COPYRIGHT INFRINGEMENT
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`PFP 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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`PFP owns valid copyrights in the Works at issue in this case.
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`PFP registered the Works 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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`T & C copied, displayed, and distributed the Works at issue in this case and made
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`derivatives of the Works without PFP’s authorization in violation of 17 U.S.C. § 501.
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`T & C performed the acts alleged in the course and scope of its business activities.
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`T & C’s acts were willful.
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`PFP has been damaged.
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`The harm caused to PFP 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 T & C Markets, Inc. 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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`SRIPLAW
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`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`b.
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`Defendant be required to pay Plaintiff its actual damages and T & C’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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`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: March 17, 2022
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`Respectfully submitted,
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`s/ Evan A. Andersen
`EVAN A. ANDERSEN
`Georgia Bar No. 377422
`SRIPLAW
`21301 Powerline Road, Suite 100
`Boca Raton, FL 33433
`Telephone: (404) 496-6606
`Email: evan.andersen@sriplaw.com
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`Counsel for Plaintiff Prepared Food Photos, Inc.
`Fka Adlife Marketing & Communications Co., Inc.
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`6
`SRIPLAW
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`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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