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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF WISCONSIN
`GREEN BAY DIVISION
`
`CASE NO.:
`
`PREPARED FOOD PHOTOS, INC. FKA
`ADLIFE MARKETING &
`COMMUNICATIONS CO., INC.,
`
`
`
`
`Plaintiff,
`
`
`v.
`
` T
`
`
`
`
`
`
`
` & C MARKETS, INC.,
`
`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 T & C MARKETS, INC. for damages and injunctive relief, and in support
`
`thereof states as follows:
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`SUMMARY OF THE ACTION
`
`
`
`Plaintiff PREPARED FOOD PHOTOS, INC. FKA ADLIFE MARKETING &
`
`COMMUNICATIONS CO., INC. (“PFP”) brings this action for violations of exclusive rights
`
`under the Copyright Act, 17 U.S.C. § 106, to copy and distribute PFP’s original copyrighted
`
`Works of authorship.
`
`
`
`PFP is a retail food advertising company servicing retailers and wholesalers
`
`throughout the United States for almost 40 years. PFP specializes in custom photography, full
`
`service design and production, web and print management, mobile technology, and proprietary
`
`digital advertising platforms.
`
`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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`

`

`
`
`
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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
`
`https://www.tadychseconofoods.com/ (the “Website”).
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`
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`PFP alleges that T & C copied PFP’s copyrighted Works from the internet in
`
`order to advertise, market and promote its business activities. T & C committed the violations
`
`alleged in connection with T & C’s business for purposes of advertising and promoting sales to
`
`the public in the course and scope of T & C’s business.
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`JURISDICTION AND VENUE
`
`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).
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`
`
`This Court has personal jurisdiction over T & C by virtue of its presence in this
`
`District and by virtue of its transacting, doing, and soliciting business in this District.
`
`
`
`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
`
`
`
`T & C Markets, Inc. is a Michigan Corporation, with its principal place of
`
`business at 109 S Main Street, Brillion, WI 54110, and can be served by serving its Registered
`
`Agent, James Tadych, 109 S Main Street, Brillion, WI 54110.
`
`2
`SRIPLAW
`Case 1:22-cv-00341 Filed 03/17/22 Page 2 of 6 Document 1
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
`
`

`

`
`
`THE COPYRIGHTED WORKS AT ISSUE
`
`
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`In 2001, PFP created the photographs entitled “ChickenDrumsticksHC1105”, and
`
`“PorkLoinBnls005_ADL” which are shown below and collectively referred to herein as the
`
`“Works”.
`
`
`
`
`
`
`
`
`
`
`
`3
`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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`

`

`
`
`
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`PFP registered the Works with the Register of Copyrights on June 8, 2017 and
`
`January 30, 2017, and was assigned registration numbers VA 2-055-100 and VA 2-046-789.
`
`The Certificates of Registration are attached hereto as Exhibit 1.
`
`
`
`PFP’s Works are protected by copyright but are not otherwise confidential,
`
`proprietary, or trade secrets.
`
`case.
`
`
`
`
`
`
`
`At all relevant times PFP was the owner of the copyrighted Works at issue in this
`
`INFRINGEMENT BY DEFENDANT
`
`T & C never licensed the Works at issue in this action for any purpose.
`
`On a date after the Works at issue in this action were created, but prior to the
`
`filing of this action, T & C copied the Works.
`
`
`
`On or about March 26, 2019, PFP discovered the unauthorized use of its Works
`
`on the Website.
`
`
`
`
`
`T & C copied PFP’s copyrighted Works without PFP’s permission.
`
`After T & C copied the Works, it made further copies and distributed the Works
`
`on the internet to promote the sale of goods and services as part of its grocery business.
`
`
`
`T & C copied and distributed PFP’s copyrighted Works in connection with T &
`
`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,
`
`proprietary, or trade secrets.
`
`
`
`T & C committed copyright infringement of the Works as evidenced by the
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`documents attached hereto as Exhibit 2.
`
`4
`SRIPLAW
`Case 1:22-cv-00341 Filed 03/17/22 Page 4 of 6 Document 1
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`

`

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`
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`PFP never gave T & C permission or authority to copy, distribute or display the
`
`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
`
`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.
`
`COUNT I
`COPYRIGHT INFRINGEMENT
`
`PFP incorporates the allegations of paragraphs 1 through 23 of this Complaint as
`
`
`
`if fully set forth herein.
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`
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`
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`PFP owns valid copyrights in the Works at issue in this case.
`
`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).
`
`
`
`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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`
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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 &
`
`Communications Co., Inc. prays for judgment against the Defendant T & C Markets, Inc. that:
`
`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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`5
`SRIPLAW
`Case 1:22-cv-00341 Filed 03/17/22 Page 5 of 6 Document 1
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
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`

`

`
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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
`
`d.
`
`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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`
`
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`
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`Respectfully submitted,
`
`
`
`
`
`
`
`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
`
`
`
`Counsel for Plaintiff Prepared Food Photos, Inc.
`Fka Adlife Marketing & Communications Co., Inc.
`
`6
`SRIPLAW
`Case 1:22-cv-00341 Filed 03/17/22 Page 6 of 6 Document 1
`CALIFORNIA ♦ GEORGIA ♦ FLORIDA ♦ TENNESSEE ♦ NEW YORK
`
`

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