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)

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON

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MELISSA. PETTIGNANO,

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Plaintiff,

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v.

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AMAZON.COM, INC.; APPLE, INC.;
BARNES AND NOBLE, INC;
GOOGLE, INC.; KOBO, INC.; and
SONY
CORPORATION
OF
AMERICA;

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COMPLAINT FOR COPYRIGHT
INFRINGEMENT
JURY TRIAL DEMANDED

Defendants.

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Cause No.

Plaintiff Melissa Pettignano, by and through counsel, hereby complains of
Defendants as follows:

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1.

PARTIES
Ms. Pettignano is an individual residing in New Jersey.

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2.

Upon

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(“Amazon.com”) is a Delaware Corporation with a principle place of business

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in this judicial district at 410 Terry Ave N, Seattle, WA 98109-5210.

information

and

belief,

Defendant

Amazon.com,

Inc.

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WHITAKER LAW GROUP

COMPLAINT

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1218 Third Avenue, Suite 1809
Seattle, Washington 98101
(p) 206.436.8500 (f) 206.693.2203

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3.

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providing retail Internet sales of various products, including books in both paper

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and electronic (“e-book”) format, to customers throughout the world including

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within this judicial district.

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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.
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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.

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6.

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(“Barnes and Noble”) is a Delaware Corporation with a principle place of

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business at 122 Fifth Avenue, New York NY 10011.

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7.

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of providing retail Internet sales of various products, including books in both

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paper and electronic (“e-book”) format, to customers throughout the world

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including within this judicial district.

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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.

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WHITAKER LAW GROUP

COMPLAINT

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1218 Third Avenue, Suite 1809
Seattle, Washington 98101
(p) 206.436.8500 (f) 206.693.2203

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10.

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Canadian Corporation with a principle place of business at 135 Liberty St., Suite

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10, Toronto, M6K 1A7 Canada.

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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.

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13.

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providing retail Internet sales of various products, including books in both paper

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and electronic (“e-book”) format, to customers throughout the world including

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within this judicial district.

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Upon information and belief, Sony is engaged in the business of

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JURISDICTION AND VENUE
This action arises out of the U. S. Copyright Laws, 17 U.S.C. §501 et seq.

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15.

This Court has subject matter jurisdiction over the action pursuant to

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17 U.S.C. § 501(a) and 28 U.S.C. § 1331.

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because the Defendant conducts business within this judicial district, they or

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their agents or affiliates can be found in this judicial district, and acts giving rise

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to this complaint are believed to have occurred within this judicial district.

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Venue is proper in this judicial district under 28 U.S.C. §§ 1391 and 1400

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WHITAKER LAW GROUP

COMPLAINT

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1218 Third Avenue, Suite 1809
Seattle, Washington 98101
(p) 206.436.8500 (f) 206.693.2203

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FACTS
Ms. Pettignano is a talented and recognized artist who is both an author

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and musician. She is a songwriter and has published works of both fiction and

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non-fiction.

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industry. For example, Ms. Pettignano has appeared several times in television,

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radio, and magazine interviews, such as CBS Radio, The Barry Z TV/Radio

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Show, The New Yorker TV Show with James Chladek, The Jo Shenman TV

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Show, and RAI TV Italian. Ms. Pettignano was interviewed for a show entitled:

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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.
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19. Ms. Pettignano has recently been recognized as one of the "50 Great
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Writers You Should Be Reading" by The Authors Show, and was featured in
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Entrepreneur Magazine discussing the impact of the 9-11 terrorist attacks on her
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work as an entrepreneur
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17 20. One of Ms. Pettignano's books is entitled “Suzanne Lantana: A Collection
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of Short-Stories, Fiction and Non-Fiction” (hereafter referred to as “Suzanne

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Lantana”). As the name implies, "Suzanne Lantana" is a collection of short

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stories, both fiction and non-fiction, that demonstrate to young children all over

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the world that they can overcome any obstacles they face. The stories relate to

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Ms. Pettignano’s real life experiences, as well as creative thinking on things that

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did not occur in her life. One story partially relates to Ms. Pettignano's true life

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experiences during the 9-11 terrorist attacks, in which she lost her aunt Arlene T.

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Babakitis.

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with the United States Copyright Office directed to her books. True and correct

Ms. Pettignano has filed multiple applications for copyright registration

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WHITAKER LAW GROUP

COMPLAINT

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1218 Third Avenue, Suite 1809
Seattle, Washington 98101
(p) 206.436.8500 (f) 206.693.2203

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copies of Ms. Pettignano’s copyright registrations on Suzanne Lantana are

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attached as Exhibit A.

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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
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including in this District.

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provided by Defendant Amazon.com, Inc. in which Defendant Amazon.com,

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Inc. makes available for distribution unauthorized e-book copies of Ms.

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Pettignano’s Suzanne Lantana book.

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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.
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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.

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Attached as Exhibit E is a true and correct copy of online advertising

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provided by Defendant Barnes and Noble, Inc. in which Defendant Barnes and
WHITAKER LAW GROUP

COMPLAINT

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1218 Third Avenue, Suite 1809
Seattle, Washington 98101
(p) 206.436.8500 (f) 206.693.2203

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Noble makes available for distribution unauthorized e-book copies of Ms.

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Pettignano’s Suzanne Lantana book.

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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.

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31.

Each of the defendants has, without the permission of Ms. Pettignano,

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copied, duplicated, and distributed unauthorized e-book copies of Ms.

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Pettignano's copyrighted “Suzanne Lantana” book in violation of her exclusive

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rights as a copyright owner.

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CAUSES OF ACTION

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COUNT I
COPYRIGHT INFRINGEMENT
Ms. Pettignano incorporates the allegations made in paragraphs 1-31 as if

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32.

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fully set forth herein.

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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.

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WHITAKER LAW GROUP

COMPLAINT

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1218 Third Avenue, Suite 1809
Seattle, Washington 98101
(p) 206.436.8500 (f) 206.693.2203

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PRAYER FOR RELIEF
WHEREFORE, Plaintiff, Melissa Pettignano, prays for the following

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relief:

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A.

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damages to Ms. Pettignano in the amount of Ms. Pettignano’s actual damages

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and any profits of Defendants attributable to the infringing acts alleged herein,

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or, at her election, an award of statutory damages.

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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.

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C.

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

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and in favor of Ms. Pettignano pursuant to 17 U.S.C. § 505.

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D.

Such other further relief the Court may deem just and proper.

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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 [phone]
Fax [phone]
[e-mail]

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Attorney for Plaintiff Melissa Pettignano

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WHITAKER LAW GROUP

COMPLAINT

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1218 Third Avenue, Suite 1809
Seattle, Washington 98101
(p) 206.436.8500 (f) 206.693.2203