Pettignano v. Amazon.com, Inc. et al

Filing 1

COMPLAINT for Copyright Infringement against defendant(s) All Defendants (Receipt # 0981-3474326) Attorney John E Whitaker added to party Melissa Pettignano(pty:pla), filed by Melissa Pettignano. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Report on Copyrights (AO Form121) Report on Copyrights, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Summons Amazon, # 10 Summons Apple, # 11 Summons Barnes and Noble, # 12 Summons Google, # 13 Summons Kobo, # 14 Summons Sony Corporation of America)(Whitaker, John)

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 9 10 11 MELISSA. PETTIGNANO, 12 Plaintiff, 13 v. 14 15 16 17 AMAZON.COM, INC.; APPLE, INC.; BARNES AND NOBLE, INC; GOOGLE, INC.; KOBO, INC.; and SONY CORPORATION OF AMERICA; 19 21 COMPLAINT FOR COPYRIGHT INFRINGEMENT JURY TRIAL DEMANDED Defendants. 18 20 Cause No. Plaintiff Melissa Pettignano, by and through counsel, hereby complains of Defendants as follows: 22 23 1. PARTIES Ms. Pettignano is an individual residing in New Jersey. 24 2. Upon 25 (“Amazon.com”) is a Delaware Corporation with a principle place of business 26 in this judicial district at 410 Terry Ave N, Seattle, WA 98109-5210. information and belief, Defendant Amazon.com, Inc. 27 28 WHITAKER LAW GROUP COMPLAINT Page 1 1218 Third Avenue, Suite 1809 Seattle, Washington 98101 (p) 206.436.8500 (f) 206.693.2203 1 3. 2 providing retail Internet sales of various products, including books in both paper 3 and electronic (“e-book”) format, to customers throughout the world including 4 within this judicial district. 5 6 7 8 9 10 11 12 4. Upon information and belief, Amazon.com is engaged in the business of Upon information and belief, Defendant Apple, Inc. (“Apple”) is a California Corporation with a principle place of business at 1 Infinite Loop, Cupertino, CA 95014. 5. Upon information and belief, APPLE, INC., is engaged in the business of providing retail Internet sales of various products, including books in both paper and electronic (“ibook”) format, to customers throughout the world including within this judicial district. 13 6. 14 (“Barnes and Noble”) is a Delaware Corporation with a principle place of 15 business at 122 Fifth Avenue, New York NY 10011. 16 7. 17 of providing retail Internet sales of various products, including books in both 18 paper and electronic (“e-book”) format, to customers throughout the world 19 including within this judicial district. 20 21 22 23 24 25 26 27 8. Upon information and belief, Defendant BARNES AND NOBLE, INC. Upon information and belief, Barnes and Noble is engaged in the business Upon information and belief, Defendant GOOGLE, INC. (“Google”) is a Delaware Corporation with a principle place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043. 9. Upon information and belief, Google is engaged in the business of providing retail Internet sales of various products, including books in both paper and electronic (“e-book”) format, to customers throughout the world including within this judicial district. 28 WHITAKER LAW GROUP COMPLAINT Page 2 1218 Third Avenue, Suite 1809 Seattle, Washington 98101 (p) 206.436.8500 (f) 206.693.2203 1 10. 2 Canadian Corporation with a principle place of business at 135 Liberty St., Suite 3 10, Toronto, M6K 1A7 Canada. 4 5 6 7 8 9 10 11 11. Upon information and belief, Defendant KOBO, INC. (“Kobo”) is a Upon information and belief, Kobo is engaged in the business of providing retail Internet sales of various products, including books in both paper and electronic (“e-book”) format, to customers throughout the world including within this judicial district. 12. Upon information and belief, Defendant SONY CORPORATION OF AMERICA, (“Sony”) is a New York Corporation with a principle place of business at 550 Madison Avenue, New York, NY 10022. 12 13. 13 providing retail Internet sales of various products, including books in both paper 14 and electronic (“e-book”) format, to customers throughout the world including 15 within this judicial district. 16 Upon information and belief, Sony is engaged in the business of 14. JURISDICTION AND VENUE This action arises out of the U. S. Copyright Laws, 17 U.S.C. §501 et seq. 19 15. This Court has subject matter jurisdiction over the action pursuant to 20 17 U.S.C. § 501(a) and 28 U.S.C. § 1331. 21 16. 22 because the Defendant conducts business within this judicial district, they or 23 their agents or affiliates can be found in this judicial district, and acts giving rise 24 to this complaint are believed to have occurred within this judicial district. 17 18 Venue is proper in this judicial district under 28 U.S.C. §§ 1391 and 1400 25 26 27 28 WHITAKER LAW GROUP COMPLAINT Page 3 1218 Third Avenue, Suite 1809 Seattle, Washington 98101 (p) 206.436.8500 (f) 206.693.2203 1 FACTS Ms. Pettignano is a talented and recognized artist who is both an author 2 17. 3 and musician. She is a songwriter and has published works of both fiction and 4 non-fiction. 5 18. 6 industry. For example, Ms. Pettignano has appeared several times in television, 7 radio, and magazine interviews, such as CBS Radio, The Barry Z TV/Radio 8 Show, The New Yorker TV Show with James Chladek, The Jo Shenman TV 9 Show, and RAI TV Italian. Ms. Pettignano was interviewed for a show entitled: 10 Bill O' Reily's: What's Happening Now on Fox News, which is awaiting a Ms. Pettignano's talents have been recognized by many sources in the 11 scheduled air date. 12 19. Ms. Pettignano has recently been recognized as one of the "50 Great 13 Writers You Should Be Reading" by The Authors Show, and was featured in 14 Entrepreneur Magazine discussing the impact of the 9-11 terrorist attacks on her 15 work as an entrepreneur 16 17 20. One of Ms. Pettignano's books is entitled “Suzanne Lantana: A Collection 18 of Short-Stories, Fiction and Non-Fiction” (hereafter referred to as “Suzanne 19 Lantana”). As the name implies, "Suzanne Lantana" is a collection of short 20 stories, both fiction and non-fiction, that demonstrate to young children all over 21 the world that they can overcome any obstacles they face. The stories relate to 22 Ms. Pettignano’s real life experiences, as well as creative thinking on things that 23 did not occur in her life. One story partially relates to Ms. Pettignano's true life 24 experiences during the 9-11 terrorist attacks, in which she lost her aunt Arlene T. 25 Babakitis. 26 21. 27 with the United States Copyright Office directed to her books. True and correct Ms. Pettignano has filed multiple applications for copyright registration 28 WHITAKER LAW GROUP COMPLAINT Page 4 1218 Third Avenue, Suite 1809 Seattle, Washington 98101 (p) 206.436.8500 (f) 206.693.2203 1 copies of Ms. Pettignano’s copyright registrations on Suzanne Lantana are 2 attached as Exhibit A. 3 4 5 6 7 8 9 10 22. Ms. Pettignano has licensed the rights to publish her book in print version only, but explicitly withheld the rights to publish her book, Suzanne Lantana, in electronic book (“e-book”) format. Ms. Pettignano intentionally withheld that authorization in order to maintain maximum control over the medium through which she promotes her books. 23. Ms. Pettignano has never authorized any entity to publish an e-book derivative of her work. 11 24. Each of the defendants in this action maintain websites or online stores 12 that are accessible by and available to users throughout the United States 13 including in this District. 14 25. 15 provided by Defendant Amazon.com, Inc. in which Defendant Amazon.com, 16 Inc. makes available for distribution unauthorized e-book copies of Ms. 17 Pettignano’s Suzanne Lantana book. 18 19 20 21 22 23 24 25 26 26. Attached as Exhibit B is a true and correct copy of online advertising Attached as Exhibit C is a true and correct copy of online advertising provided by Defendant Apple, Inc. in which Defendant Apple, Inc. makes available for distribution unauthorized e-book copies of Ms. Pettignano’s Suzanne Lantana book. 27. Attached as Exhibit D is a true and correct copy of online advertising provided by Defendant Sony Corporation of America in which Defendant Sony. makes available for distribution unauthorized e-book copies of Ms. Pettignano’s Suzanne Lantana book. 27 28. Attached as Exhibit E is a true and correct copy of online advertising 28 provided by Defendant Barnes and Noble, Inc. in which Defendant Barnes and WHITAKER LAW GROUP COMPLAINT Page 5 1218 Third Avenue, Suite 1809 Seattle, Washington 98101 (p) 206.436.8500 (f) 206.693.2203 1 Noble makes available for distribution unauthorized e-book copies of Ms. 2 Pettignano’s Suzanne Lantana book. 3 4 5 6 7 8 9 10 11 29. Attached as Exhibit F is a true and correct copy of online advertising provided by Defendant Google, Inc. in which Defendant Google, Inc. makes available for distribution unauthorized e-book copies of Ms. Pettignano’s Suzanne Lantana book. 30. Attached as Exhibit G is a true and correct copy of online advertising provided by Defendant Kobo, Inc. in which Defendant Kobo, Inc. makes available for distribution unauthorized e-book copies of Ms. Pettignano’s Suzanne Lantana book. 12 31. Each of the defendants has, without the permission of Ms. Pettignano, 13 copied, duplicated, and distributed unauthorized e-book copies of Ms. 14 Pettignano's copyrighted “Suzanne Lantana” book in violation of her exclusive 15 rights as a copyright owner. 16 CAUSES OF ACTION 17 18 COUNT I COPYRIGHT INFRINGEMENT Ms. Pettignano incorporates the allegations made in paragraphs 1-31 as if 19 32. 20 fully set forth herein. 21 22 23 24 25 26 27 33. Defendant has willfully committed copyright infringement under 17 U.S.C. § 501 et. seq., directly, by inducement, or by way of contributory liability, by knowingly aiding, causing, or committing, the unauthorized practice or execution of one or more exclusive rights owned by Ms. Pettignano as set forth in 17 U.S.C. § 106, said exclusive rights having been perfected by U.S. Copyright Service Requests as identified in Attached Exhibit A. 28 WHITAKER LAW GROUP COMPLAINT Page 6 1218 Third Avenue, Suite 1809 Seattle, Washington 98101 (p) 206.436.8500 (f) 206.693.2203 1 PRAYER FOR RELIEF WHEREFORE, Plaintiff, Melissa Pettignano, prays for the following 2 3 relief: 4 A. 5 damages to Ms. Pettignano in the amount of Ms. Pettignano’s actual damages 6 and any profits of Defendants attributable to the infringing acts alleged herein, 7 or, at her election, an award of statutory damages. 8 9 10 11 12 B. An order entering judgment in favor of Ms. Pettignano and awarding An order entering judgment in favor of Ms. Pettignano and enjoining any further acts of infringement of Ms. Pettignano’s copyrights and further ordering the destruction of all articles used (such as master disks or data models) in the acts of infringement, consistent with remedies available under 17 U.S.C. § 503. 13 C. An award of full costs and reasonable attorney's fees against Defendants 14 and in favor of Ms. Pettignano pursuant to 17 U.S.C. § 505. 15 D. Such other further relief the Court may deem just and proper. 16 17 18 19 20 21 JURY DEMAND Ms. Pettignano demands a trial by jury on all issues presented in this Complaint. Dated: January 13, 2014 Respectfully submitted, /s/ John Whitaker John Whitaker, WSBA No: 28868 WHITAKER LAW GROUP 1218 Third Avenue, Suite 1809 Seattle, Washington 98101 Phone (206) 436-8500 Fax (206) 693-2203 john@wlawgrp.com 22 23 24 25 26 27 Attorney for Plaintiff Melissa Pettignano 28 WHITAKER LAW GROUP COMPLAINT Page 7 1218 Third Avenue, Suite 1809 Seattle, Washington 98101 (p) 206.436.8500 (f) 206.693.2203