Adobe Systems Incorporated et al v. Little Soft Shop, LLC et al

Filing 1

COMPLAINT against Little Soft Shop, LLC, David Thompson ( Filing fee $350 receipt number 0205-2344381.), filed by Adobe Systems Incorporated, Symantec Corporation.(Pia, Gerald)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
ADOBE SYSTEMS INCORPORATED, and
SYMANTEC CORPORATION,
Plaintiffs,
-v-

CIVIL ACTION NO.

LITTLE SOFT SHOP, LLC, and DAVID
THOMPSON, individually and d/b/a “Little
Soft Shop” and “littlesoftshop.com,”
December 21, 2011
Defendant.
___________________________________
COMPLAINT
Plaintiffs ADOBE SYSTEMS INCORPORATED (“Adobe”), and SYMANTEC
CORPORATION (“Symantec”), referred to collectively hereinafter as “Plaintiffs,” by
and through their undersigned attorneys, allege as follows:
INTRODUCTION
1.

Plaintiffs bring this action to obtain injunctive relief and recover

damages arising from the infringement of its copyrights by the defendants, LITTLE
SOFT SHOP, LLC (“LSS”), and DAVID THOMPSON, individually and d/b/a “Little
Soft Shop” and “littlesoftshop.com” (“Thompson”) (LSS and Thompson are referred to
collectively as “Defendants”).

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PARTIES
2.

Adobe is a Delaware corporation with its principal place of business in

San Jose, California. Adobe develops, advertises, markets, distributes, and licenses
digital media creation and editing software, multimedia editing software, and web
development software for computers, including Adobe® Creative Suite® 5.5 Web
Premium, Adobe® Photoshop®, and other Adobe® products.
3.

Symantec is a Delaware corporation with its principal place of business

in Mountain View, California. Symantec develops, advertises, markets, distributes,
and licenses security software for computers, including Norton® AntiVirus, Norton
Internet Security®, and other Norton® products (collectively, “Norton Software”).
4.

Upon information and belief, Defendant LSS is a Florida limited liability

company with principal place of business in Florida. LSS has offered, distributed,
and/or sold software products in interstate commerce and online, including via the
LSS website, www.littlesoftshop.com (the “Website”).
5.

Upon information and belief, Defendant Thompson is an individual who

has personally participated in the offering, distribution, and/or sale of software
products in interstate commerce and online, including via the Website, and who,
upon information and belief, resides in and is a citizen of the state of Florida. Upon
information and belief, Thompson personally participated in and/or had the right and
ability to supervise, direct and control the wrongful conduct alleged in this Complaint,
and derived direct financial benefit from that wrongful conduct.

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JURISDICTION AND VENUE
6.

This Court has subject matter jurisdiction over Plaintiffs’ claims arising

under federal law pursuant to 17 U.S.C. § 501, et seq. (copyright infringement), and
28 U.S.C. §§ 1331 and 1338(a).
7.

Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b) and

1400(a) because a substantial part of the events or omissions giving rise to Plaintiffs’
claims occurred in the District, and Defendants have a sufficient connection with the
District to make venue proper. Specifically, Defendants have made one or more
infringing sales in this District. The details of Defendants’ infringing sales are alleged
in this Complaint.
GENERAL ALLEGATIONS
Introduction
8.

Plaintiffs are in the business of, and make and continue to make a

substantial investment of time, effort and expense in, designing, developing, testing,
manufacturing, publishing, marketing, distributing, and licensing computer software
programs recorded on various media for use on personal computers. Plaintiffs have
all gained a worldwide reputation for quality and reliability regarding their computer
software programs.
9.

Widespread copying, sales and distributions of unauthorized and/or

unlawful computer software programs – often referred to as “software piracy” –
causes significant harm to software developers such as Plaintiffs and undermines
investments in legitimate software products.
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10.

Plaintiffs bring this action as a result of Defendants’ systematic

unauthorized distribution of Plaintiffs’ software products through sales conducted
over the internet, including the Website, at which Defendants offer numerous
software titles for sale.

Defendants’ actions detailed in this Complaint were and

continue to be undertaken willfully and intentionally and have caused and are
continuing to cause substantial damage and irreparable harm to Plaintiffs and the
software industry.
11.

Plaintiffs own the copyrights that are the subject of this litigation,

including the copyright registrations identified in Exhibits A-B.
12.

Plaintiffs are informed and believe and therefore allege that Defendants

have, without authorization, offered for sale, sold, and/or distributed unauthorized
copies of Plaintiffs’ copyrighted computer software programs.
13.

Defendants’ actions constitute willful violations of Plaintiffs’ rights under

the Copyright Act.

Plaintiffs request that the Court enter an injunction against

Defendants and award Plaintiffs damages, costs, and attorney’s fees.

The Business of Adobe
14.

Adobe develops, advertises, markets, distributes and licenses a

number of computer software programs and related products, including, but not
limited to
a.

Adobe® Creative Suite® 5.5 Web Premium software, which is a

suite of numerous component software products including Adobe Acrobat X

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Pro, Adobe Bridge CS5, Adobe Contribute CS5, Adobe Device Central CS5.5,
Adobe Fireworks CS5, Adobe Flash Builder 4.5 Premium Addition, Adobe
Flash Catalyst CS5.5, Adobe Flash Professional CS5.5, Adobe Illustrator CS5,
Adobe Media Encoder CS5.5, Adobe Photoshop CS5 Extended
(referred to collectively hereinafter as the “Adobe Software”).
15.

Adobe Software is recorded and distributed on CD-ROMs and/or other

media, and also distributed via authorized electronic download.
16.

Adobe Software contains original expressive elements that are fixed in

a tangible medium of expression, and thus is copyrightable under U.S. copyright law.
17.

Adobe, in compliance with the Copyright Act and U.S. Copyright Office

procedures, has duly registered the Adobe Software at issue in this case, and
possesses the Certificates of Registration for such software.

See Exhibit A,

incorporated herein by reference.
18.

Since registration, Adobe Software has been published and distributed

by Adobe or under its authority, in compliance with U.S. copyright law.
19.

Adobe has not authorized Defendants to copy, reproduce, duplicate,

disseminate, or distribute Adobe Software.

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The Business of Symantec
20.

Symantec develops, advertises, markets, distributes and licenses a

number of computer software programs and related products, including, but not
limited to, Norton Internet Security® 2011 and Norton® AntiVirus 2011 (the “Norton
Software”). Norton Software programs are recorded and distributed on CD-ROMs
and/or other media, and are also distributed via authorized electronic download.
21.

Norton Software contains original expressive elements that are fixed in

a tangible medium of expression, and thus is copyrightable under U.S. copyright law.
22.

Symantec, in compliance with the Copyright Act and U.S. Copyright

Office procedures, has duly registered the Norton Software at issue in this case, and
possesses the Certificates of Registration for such software.

See Exhibit B,

incorporated herein by reference.
23.

Since registration, the Norton Software at issue in this case has been

published and distributed by Symantec or under its authority, in compliance with U.S.
copyright law.
24.

Symantec has not authorized Defendants to copy, reproduce,

duplicate, disseminate, or distribute Norton Software.

Defendants’ Unlawful Conduct
25.

Defendants advertise and distribute software products via the internet,

including the Website, and by other means. Upon information and belief, Defendants
use the Website and the internet to advertise, sell, and distribute unauthorized and
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unlawful computer software products to consumers throughout the United States,
including Connecticut.
26.

Defendants’ primary sales vehicle, the Website, lists numerous

software titles.
27.

Plaintiffs are informed and believe and therefore allege that Defendants

have used the internet, including without limitation the Website, to advertise, offer for
sale, sell and distribute unauthorized copies, or copies of unauthorized derivative
works, of the Adobe Software, and the Symantec Software (referred to collectively
hereinafter as the “Computer Software Products”) to consumers throughout the
United States, including Connecticut. Specifically, Defendants intentionally – and
admittedly – distribute out-of-channel, out-of-region versions of Plaintiffs’ software,
including: academic software to non-academic customers; Asia Pacific Region
software to other regions, and combinations thereof (e.g., Asia Pacific Region
academic software, to out-of-region, non-academic customers).
28.

Plaintiffs are informed and believe and therefore allege that Defendants

have engaged in such acts willfully and intentionally.
29.

By selling and/or distributing infringing copies of Plaintiffs’ software in

and to the District of Connecticut, Defendants availed himself of Connecticut and its
laws, and knew or reasonably should have anticipated being haled into court in
Connecticut to account for the damage and harm suffered arising out of the infringing
sales made to and in this District.

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Count One
[Copyright Infringement, 17 U.S.C. § 501, et seq.]
30.

Plaintiffs repeat and incorporate by this reference each and every

allegation set forth in paragraphs 1 through 29, inclusive.
31.

Plaintiffs are the sole owners and licensors of the copyrighted

Computer Software Products alleged herein, as well as related software and
components, including user reference manuals, user guides, screen displays and/or
product packaging covered by Plaintiffs’ registered copyrights, as reflected in the
attached Certificates of Registration.
32.

Defendants have infringed the copyrights in Plaintiffs’ software,

including but not limited to the Computer Software Products described herein and
covered by Plaintiffs’ registered copyrights and Certificates of Registration, by
distributing infringing copies of such software without the approval or authorization,
and in contravention of express restrictions, of Plaintiffs.
33.

Defendants’ conduct has been willful within the meaning of the

Copyright Act. At a minimum, Defendants have acted with willful blindness to and in
reckless disregard of Plaintiffs’ registered copyrights.
34.

As a result of their wrongful conduct, Defendants are liable to Plaintiffs

for copyright infringement. Plaintiffs have suffered, and will continue to suffer,
substantial losses, including, but not limited to, damage to their goodwill and
business reputation. Plaintiffs are entitled to recover damages, which include their
losses and all profits Defendants have made as a result of their wrongful conduct,

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pursuant to 17 U.S.C. § 504(b).
35.

Alternatively, Plaintiffs are entitled to statutory damages pursuant to 17

U.S.C. § 504(c). In addition, because Defendants’ conduct has been willful within the
meaning of the Copyright Act, the award of statutory damages should be enhanced
pursuant to 17 U.S.C. § 504(c)(2).
36.

Plaintiffs also are entitled to injunctive relief pursuant to 17 U.S.C. §

502. Plaintiffs have no adequate remedy at law for Defendants’ wrongful conduct
because, among other things, (a) Plaintiffs’ copyrights are unique and valuable
property which have no readily determinable market value, (b) Defendants’
infringement harms Plaintiffs’ goodwill and business reputation such that Plaintiffs
could not be made whole by any monetary award, and (c) Defendants’ wrongful
conduct, and the resulting damage to Plaintiffs, is continuing.
37.

Plaintiffs also are entitled to recover their attorneys' fees and costs of

suit pursuant to 17 U.S.C. § 505.

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PRAYER FOR RELIEF
WHEREFORE, Plaintiffs respectfully request judgment against Defendants as
follows:
1) That the Court enter a judgment against Defendants finding:
a. that Defendants have directly, contributorily and/or vicariously
infringed, and/or improperly induced the direct infringement of,
Plaintiffs’ rights in its Computer Software Products, including its
registered copyrights, in violation of 17 U.S.C. § 501; and
b. that Defendants have otherwise injured Plaintiffs’ goodwill and
business reputation by the acts and conduct set forth in this
Complaint.
2) That the Court issue temporary and/or preliminary injunctive relief
enjoining and restraining Defendants and their respective agents,
servants, employees, successors and assigns, and all other persons
acting in concert or conspiracy with Defendants or affiliated with
Defendants, from:
a. directly infringing, and/or contributorily or vicariously infringing, or
improperly inducing the direct infringement of, Plaintiffs’
Computer Software Products;
b. otherwise infringing, and/or contributorily or vicariously infringing,
or improperly inducing the direct infringement of, any of Plaintiffs’
copyrights;
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c. destroying any copies of software products, components,
materials, or documents, including without limitation electronic
files or business records, that relate or pertain to:
i. the copying, reproduction, advertisement, offering for
sale, sale, distribution, or use of, or transmission or
receipt of any payment for, Plaintiffs’ Computer Software
Products; or
ii. the

direct

or

secondary

infringement

of

Plaintiffs’

copyrights.
d. assisting, aiding, or abetting any other person or business entity
in engaging in or performing any of the activities referred to in
subparagraphs (a)-(c) above.
3) That the Court issue a permanent injunction making permanent the
orders requested in paragraphs 2(a) through (d) of this Prayer for
Relief;
4) That the Court order Defendants to pay Plaintiffs’ general, special,
actual, and statutory damages as follows:
a. Plaintiffs’ damages and Defendants’ profits pursuant to 17
U.S.C. § 504(b) or, alternatively, enhanced statutory damages
pursuant to 17 U.S.C. § 504(c) and 17 U.S.C. § 504(c)(2), for
Defendants’ willful infringement of Plaintiffs’ copyright(s);
5) That the Court enter an order, pursuant to 17 U.S.C. §§ 504(b),
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requiring Defendants to prepare an accounting of all "profits" received
by Defendants from their violations of the Copyright Act.
6) That the Court enter an order, pursuant to 17 U.S.C. §§ 504(b),
declaring that Defendants hold in trust, as constructive trustees for the
benefit of Plaintiffs, all "profits" received by Defendants from their
violations of the Copyright Act, and issue temporary, preliminary and
permanent injunctive relief enjoining and restraining Defendants and
their agents from transferring, concealing or dissipating all profits and
assets acquired in whole or in part with those profits.
7) That the Court issue an order requiring Defendants within, thirty (30)
days after service of an injunction, to file with this Court and serve on
Plaintiffs a report in writing and under oath, setting forth in detail the
manner and form in which Defendants have complied with the
injunction;
8) That the Court order preliminary relief impounding all infringing copies
of Plaintiffs’ computer software programs, as well as articles used to
facilitate infringement, in Defendants’ possession or control, and, upon
judgment, enter an appropriate order regarding the disposition of same;
9) That the Court award Plaintiffs their reasonable attorney’s fees
pursuant to 17 U.S.C. § 505;
10) That the Court award Plaintiffs their costs of suit incurred herein; and

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11) That the Court grant to Plaintiffs such other and additional relief as is
just and proper.

Dated this 21st day of December, 2011.
THE PLAINTIFFS
ADOBE SYSTEMS INCORPORATED
AND SYMANTEC CORPORATION,
By:

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/s/
Brian C. Roche (ct17975)
Gerald C. Pia, Jr. (ct21296)
Roche Pia, LLC
Two Corporate Drive, Suite 248
Shelton, CT 06484
Phone: [phone]
Fax: [phone]
E-mail: [e-mail]
[e-mail]

Exhibit A
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1

TX0007409502
TX0007358035
TX0007270592
TX0007404792
TX0007270908
TX0007405333
TX0007405294
TX0007270587
TX0007270588
TX0007270590
TX0007285454

Exhibit B

2