Routt v. Amazon.com, Inc.

Filing 1

COMPLAINT against defendant(s) Amazon.com, Inc. (Receipt # 0981-2899586), filed by Sandy Routt. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Report on Patents and Trademarks (AO Form121) 1, # 7 Report on Patents and Trademarks (AO Form121) 2)(Mann, Philip)

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON

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SANDY ROUTT, d/b/a ,
SANDYSBEACHGIFTS.COM and SANDYS
BEACH

v.

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COMPLAINT FOR
COPYRIGHT INFRINGEMENT
FALSE DESIGNATION OF
ORIGIN AND UNFAIR
BUSINESS PRACTICES

Plaintiff,

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AMAZON.COM, INC.
Defendant.

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Cause No.

JURY TRIAL DEMANDED

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Plaintiff Sandy Routt, (Ms. Routt) d/b/a SandysBeachGifts.com and Sandys Beach,
complains of Defendant as follows:

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PARTIES
1.

Ms. Routt is an individual residing within this judicial district at Kingston,

Washington,
2.

Upon information and belief, Defendant Amazon.com, Inc. (“Amazon.com”) is

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a Delaware Corporation with a principle place of business in this judicial district at Seattle,

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Washington.

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3.

Upon information and belief, Amazon.com is engaged in the business of

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providing retail Internet sales of various products to customers throughout the World as well

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as within this judicial district.

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COMPLAINT - 1

MANN LAW GROUP
1218 Third Avenue, Suite 1809
Seattle, Washington 98101
TELEPHONE: [phone]

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FACTS
4.

Ms. Routt is a talented and well-known Pacific Northwest mixed-media artist

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and designer of various jewelry, apparel, collectible and other items. Ms. Routt is the creator,

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owner and operator of an Internet website, known as “SandysBeachGifts.com,” through

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which her original and one-of-a-kind and other items are offered for sale. Ms. Routt has

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operated the business Sandys Beach since 1996 and the website SandysBeachGifts.com since

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January, 2007.

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5.

Through her “SandysBeachGifts.com” website, Ms. Routt displays the various

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items she has created and offers for sale as well as offering other items for sale that she

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purchases from various manufacturers and suppliers. Through her “SandysBeachGifts.com”

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website, Ms. Routt provides potential customers with the opportunity to place orders. Each of

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the items includes a photograph, most of which were taken and created by Ms. Routt herself,

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tastefully and artfully displaying the item. The “SandysBeachGifts.com” website includes

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hundreds of such items and displays these items to purchasers and potential customers

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throughout the United States and the world.

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6.

In the course of creating and operating her "SandysBeachGifts.com" website,

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Ms. Routt, personally took most of the photographs actually used on the site. In so doing, Ms.

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Routt made the editorial and artistic decisions involved in selecting the items, arranging and

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illuminating them, and photographing them for maximum artistic impact. Such photographs

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and other promotional materials constitute original works of authorship for which Ms. Routt

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has and claims copyright. Such photographs further constitute valuable intellectual property

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assets of Ms. Routt and are important to the operation and success of her

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"SandysBeachGifts.com" website.

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7.

Ms. Routt has filed multiple applications for copyright with the United States

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Copyright Office directed to the various photographs she has created and uses on her

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"SandysBeachGifts.com" website.

True and correct copies of the copyright registration

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COMPLAINT - 2

MANN LAW GROUP
1218 Third Avenue, Suite 1809
Seattle, Washington 98101
TELEPHONE: [phone]

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applications Ms. Routt has filed with the Untied States Copyright Office are attached as

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Exhibit A.

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8.

Defendant Amazon.com maintains several websites that are accessible by and

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available to users throughout the United States including in this District. Upon information

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and belief, Amazon.com has several “affiliates” that are associated with, under under contract

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to, Amazon.com. These affiliates offer for sale, through the Amazon.com website and with

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the full sponsorship and knowledge of Amazon.com, various products to online customers

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throughout the United States. Such products are displayed through the Amazon.com website

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and orders can be placed, and payment made, for such products through Amazon.com. Upon

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information and belief, revenues received for such orders and sales are shared between

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Amazon.com and its affiliates.

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9.

Defendant Amazon.com has, without the authorization or permission of Ms.

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Routt, copied, duplicated and displayed on at least one of its affiliated websites many of Ms.

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Routt's copyrighted photographs that are the subjects of the copyright registrations filed by

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Ms. Routt. In particular, many of Ms. Routt's copyrighted photographs were copied and

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displayed at the following websites, each of which prominently features the AMAZON

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name:

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http://kitchenwallart.afterbreastaugmentaion.net/product/beaded-multi-use-purse-forcell-phone-or-id-holder

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http://buyproductnow.net/store/routt-painting

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http://dresseswomen.info/search/crystal-large-grapes-earrings-purple

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http://skecherswomenshoes.16mb.com/search/sandy-routt

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http://elzfaf.com/search/rhinestone-apron-wine-diva

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http://fashionbeautyonlinestore.com/fashionstore/sandysbeachgifts

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http://reviewthebestproducts.com/store/rhinestone-apron-christmas-holiday

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http://fashionlookstore.com/fashionlook/sandy-routt-painting

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http://alenaki.net/search/crystal-grapes-purple-small-lapel-pin

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COMPLAINT - 3

MANN LAW GROUP
1218 Third Avenue, Suite 1809
Seattle, Washington 98101
TELEPHONE: [phone]

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http://omyud.com/search/crystal-grapes-purple-small-lapel-pin

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http://stratopixel.com/search/sandysbeachgifts

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http://stratopixel.com/search/sandysbeachgifts

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http://the-roomstore.com/search/rhinestone-scoop-neck-shirt-blue-patriotic-usa

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http://toshibastore.laptopreviewsweb.com/search/sandy-routt

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http://barcodescannerstore.info/bestseller/rhinestone-apron-holiday-christmas

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http://iklanmanis.info/search/rhinestone-scoop-neck-shirt-wine-tuscan-grapes

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http://homefurnitureonlineshop.com/homefurniture/sandysbeachgifts

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http://womanfashionstore.com/?s=rhinestone+apron+wine+tuscan+arch

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http://cameraphotographystore.com/store/rhinestone-apron-wine-tuscan-arbor

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http://bathroomremodelstore.com/bestseller/rhinestone-apron-wine-diva

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http://whenistheiphone5comingout.com/search/sandy-routt-painting

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Additional websites depicting Ms. Routt's copyrighted photographs are listed on the attached

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Exhibit B. True and correct copies of website screen captures showing unauthorized

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reproductions of Ms. Routt's copyrighted photographs are

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“Amazon.com” logo is featured prominently in these web pages.

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attached as Exhibit C.

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Although the above-identified website displays unauthorized copies of Ms.

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Routt's photographs and depicts images of Ms. Routt's commercial products, when an attempt

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is made to purchase one of the products through the website, the website informs the

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purchaser that the depicted product is not available and then suggest alternate products, not

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sourced by Ms. Routt, that can be purchased instead. In so doing, the above-identified

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website uses Ms. Routt's photographs and depictions of her products to generate initial

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interest, only to direct the purchasers to buy products other than Ms. Routt's.

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CAUSES OF ACTION

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COUNT I

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COPYRIGHT INFRINGEMENT

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COMPLAINT - 4

MANN LAW GROUP
1218 Third Avenue, Suite 1809
Seattle, Washington 98101
TELEPHONE: [phone]

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11.

Ms. Routt incorporates the allegations made in paragraphs 1-10 as if fully set

forth herein.
12.

Defendant has willfully committed copyright infringement under 17 U.S.C. §

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501 et. seq., directly, by inducement, or by way of contributory liability, by knowingly aiding,

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causing, or committing, the unauthorized practice or execution of one or more exclusive rights

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owned by Ms. Routt as set forth in 17 U.S.C. § 106, said exclusive rights having been

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perfected by U.S. Copyright Service Requests as identified in Attached Exhibit A.

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COUNT II

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VIOLATIONS OF THE LANHAM ACT

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Ms. Routt incorporates the allegations made in paragraphs 1-12 as if fully set

forth herein.
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Defendant's unauthorized use of Ms. Routt’s copyrighted materials and its

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reproduction and emulation of Ms. Routt’s photographs and product images are intended to

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cause confusion, mistake or to deceive consumers as to the source of origin of their products.

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Defendant's actions are likely to cause member of the public who search for Ms. Routt's

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genuine products and, as a result find or see the subject website maintained by or on behalf of

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Defendant to believe that the subject website maintained by Defendant has an affiliation,

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connection, association, origin, or sponsorship relationship with Ms. Routt or vice versa. By

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displaying Ms. Routt's genuine products to generate initial interest and thereafter directing

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potential customers to different products, Defendant is diverting sales from Ms. Routt and

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interfering with her business. Defendants' actions constitute a false designation of origin in

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violation of the Lanham Act, 15 U.S.C. § 1125(a)(1).

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15.

Ms. Routt has been and will continue to be irreparably harmed by Defendants'

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actions unless Defendants are enjoined from continuing their unauthorized use of Ms. Routt’s

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copyrighted and other materials and from falsely representing the actual origin of their goods

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and services.

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COMPLAINT - 5

MANN LAW GROUP
1218 Third Avenue, Suite 1809
Seattle, Washington 98101
TELEPHONE: [phone]

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Ms. Routt is entitled to recover all of Defendants' profits, damages sustained

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by Ms. Routt and the costs of this action that result from Defendants' use of Ms. Routt’s

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materials as well as trebling of these damages and an award of reasonable attorney's fees

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pursuant to 15. U.S.C. § 1117(a).

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COUNT III

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VIOLATION OF WASHINGTON CONSUMER PROTECTION ACT

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17.

Ms. Routt incorporates the allegations made in paragraphs 1-16 as if fully set

forth herein.
18.

Defendant's actions in falsely suggesting a connection between Ms. Routt's

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photographs of her genuine products on the one hand, and its own websites on the other to

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promote the sales of their competing goods and to deceive consumers as to the actual origin of

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the goods offered and sold through the respective sites have and are having a deleterious

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impact on the public interest and have cause injury to Ms. Routt’s business or property.

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19.

Defendants' actions as alleged above amount to a violation of the Washington

Consumer Protection Act, RCW § 19.86 et seq.
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Ms. Routt is and will continue to be irreparably harmed by Defendants' actions

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unless Defendant is enjoined from continuing its unauthorized use of Ms. Routt’s copyrighted

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photographs and other materials and from falsely representing the actual origin of its own

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goods and services.

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21.

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Ms. Routt is entitled to collect damages under RCW 19.86.090 for Defendants'

willful actions, as well as trebling of damages and an award of attorney's fees.

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PRAYER FOR RELIEF

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WHEREFORE, Plaintiff, Sandy Routt, prays for the following relief:

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A.

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An order entering judgment in favor of Ms. Routt and awarding damages to

Ms. Routt in the amount of Ms. Routt’s actual damages and any profits of the Defendant

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COMPLAINT - 6

MANN LAW GROUP
1218 Third Avenue, Suite 1809
Seattle, Washington 98101
TELEPHONE: [phone]

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attributable to the infringing acts alleged herein, consistent with 17 U.S.C. § 504(a)(1), or, at

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its election, an award of statutory damages consistent with 17 U.S.C. § 504(a)(2).

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B.

An order entering judgment in favor of Ms. Routt and enjoining any further

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acts of infringement of the copyrights owned or controlled by Ms. Routt and further ordering

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the destruction of all articles used (such as master disks or data models) in the acts of

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infringement, consistent with remedies available under 17 U.S.C. § 503 and 15 U.S.C. § 1118.

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C.

An award of full costs and reasonable attorney's fees against Defendants and in

favor of Ms. Routt pursuant to 17 U.S.C. § 505.
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Such other further relief the Court may deem just and proper.

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JURY DEMAND
Ms. Routt demands a trial by jury on all issues presented in this Complaint.

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Dated this 1st day of August, 2012.

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Respectfully submitted,

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/s/ Philip P. Mann
Philip P. Mann, WSBA No: 28860
MANN LAW GROUP
1218 Third Avenue, Suite 1809
Seattle, Washington 98101
[phone]
Fax [phone]
[e-mail]

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Attorneys for Plaintiff Sandy Routt

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COMPLAINT - 7

MANN LAW GROUP
1218 Third Avenue, Suite 1809
Seattle, Washington 98101
TELEPHONE: [phone]