Case 3:11-cv-01578-JAF Document 1

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO Sixto Nuez Perez Plaintiff vs. Case Number: __________(___) Copyright Infringement and Unjust Enrichment

ACTITUD Corp.; Shanira Blanco; Companies A, B & C; Insrance Jury Trial is Demanded. Companies X, Y & Z; John Doe, and Richard Doe. Defendants

COMPLAINT
TO THE HONORABLE COURT: COMES NOW plaintiff, Sixto Nuez, through the undersigned attorneys, follows: I. JURISDICTION AND VENUE 1. This is a civil action for copyright infringement under Honorable Court has original federal question and respectfully states, alleges and prays as

17 U.S.C. sections 101 et seq. 2. This jurisdiction over the instant action pursuant to 28 U.S.C. 1331 and 1338(a) and (b), as this case involves substantial claims arising under the Copyright Act, 17 U.S.C. 101, et seq. It also has supplemental jurisdiction over the Puerto Rico law claims pursuant to 28 U.S.C. 1367(a). 3. Venue is proper under 28 U.S.C. 1391(b) and (c) because the defendants, identified below are doing business in the Commonwealth of Puerto Rico and the claims alleged herein arose in this district.

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II. THE PARTIES 4. Plaintiff, Sixto Nuez Perez, is of legal age, single,

businessman and a resident of San Juan, Puerto Rico. He has offices at Ave. Andalucia Num. 759, Sector Puerto Nuevo, San Juan, PR 00927 and P.O Box 8695 Fernandez Juncos Station, San Juan, PR 00910. Mr. Nuez is a professional model photographer and is 5. in the business of commercially Corp., to under the the exploiting best laws of of his our the photographs. Co-Defendant, a ACTITUD knowledge, corporation organized

Commonwealth of Puerto Rico, that is in the business fashion and model business and is willfully reproducing, distributing and commercially exploiting Plaintiffs, Sixto Nuez, photographs in the Commonwealth of Puerto Rico and the United States without his authorization. 6. Co-Defendant, is of and of Shanira age, Rico, Blanco, single who is to and the best of of our the Sixto knowledge, Commonwealth distributing legal resident Plaintiffs,

Puerto

willfully

reproducing,

commercially

exploiting

Nuez photographs in the Commonwealth of Puerto Rico and the United States without his authorization. 7. Upon information and belief, Companies A, B and C are corporations and or partnerships in addition to the defendants for the negligent acts, whose names and identities are unknown at this time, but as soon as these names are obtained through discovery the complaint will be amended in accordance with the Federal Rules of Civil Procedure and Local District Rules. 8. Upon information and belief, Insurance Companies X, Y & Z are a fictional name of any entities that provide insurance coverage for the defendants, whose names and identities are not

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known at this time, but as soon as these names are obtained through discovery the complaint will be amended in accordance with the Federal Rules of Civil Procedure and Local District Rules. 9. person John Doe and Richard Roe are the fictional names of any or entity liable in addition to defendants for the

negligent acts, whose names and identities are unknown at this time, but as soon as these names are obtained through discovery the complaint will be amended in accordance with the Federal Rules of Civil Procedure and Local District Rules. III.FACTUAL BACKGROUND 10. reknowned Plaintiff, Sixto Nuez Perez (Mr. has Nuez), been in is a

professional

photographer

that

the

fashion and modeling business in Puerto Rico for over twenty (20) years. During the aforementioned period, Mr. Nuez has commercially exploited his photographs and been recognized as one of the leading fashion photographers in Puerto Rico. 11. titled 12. On 2010, Plaintiff, Mr. Nuez filed for copyright estudiantes de actitud at the United States registration on a series of images/photographs taken by him Copyright Office. Exhibit A (images/photographs). As a result of his works being wholly original, he was granted sole ownership, exclusive rights and privileges in and to the aforesaid images (photographs) as specified on a certificate of ownership as issued by the U.S. Copyright Office 13. Shanira exact with registration Number: VAu 1-033-497. Exhibit B (Copyright Certificate of Ownership) On April 10, 2011 it was brought to the attention of Blanco, were using images and commercially (photographs) exploiting without his his 3 Plaintiff, Mr. Nuez, that the defendants, ACTITUD Corp. and Ms. copyrighted

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authorization/consent and/or license on advertisements on the Nuevo Exhibit 14. Dia C newspaper (Defendants and the www.myspace.com advertisement) web page. See D newspaper Exhibit

(Defendants web advertisement). Plaintiff, Mr. Nuez as sole owner, has not in any way authorized, endorsed, approved, sponsored and/or licensed to anyone or the defendants, ACTITUD Corp. and Ms. Shanira Blanco, to in Ms. market, any distribute, its reproduce, copyrighted constitute Mr. acts advertise, adapt, on create their derivative works, display, publish and/or commercially exploit manner, photographs of willful advertisements. Such acts by the defendants, ACTITUD Corp. and Shanira Blanco, on copyright image, infringement Plaintiffs, Nuez, copyrighted

exclusive rights and property. IV. COUNTS FIRST CLAIM: COPYRIGHT INFRINGEMENT (17 U.S.C. 101 et seq.) 15. Plaintiff, Sixto Nuez Perez, re-alleges and

incorporates by reference all the allegations set forth above in paragraphs 1 through 14. 16. By its actions alleged above, Defendants, ACTITUD Corp. and Ms. Shanira Blanco, without Plaintiffs consent have willfully, intentionally and maliciously infringed Plaintiff's wholly original copyright in and relating to the subject work by illegally reproducing, exploiting printing, publishing, distributing photographs and in commercially Plaintiffs copyrighted

violation of copyright owners exclusive rights as specified in 17 U.S.C. 101 et seq. 17. Defendants willful acts of copyright infringement justify the award of the maximum of statutory damages against 4

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it namely one hundred and fifty thousand dollars ($150,000.00) for each act of infringement of plaintiffs copyright together with costs ands attorneys fees. SECOND CLAIM: UNJUST ENRICHMENT (Puerto Rico Law) 18. Plaintiff, Sixto Nuez Perez re-alleges and

incorporates by reference the all the allegations set forth above in paragraphs 1 through 14. 19. using, and Defendants, ACTITUD Corp. and Ms. Shanira taken Blanco, without the consent and/or authorization of Plaintiff, have been distributing, from advertising, displaying, Nuez advantage images Ms. have while profited 20. Shanira not By plaintiffs, of as Mr. copyrighted Corp.

(photographs). reason acts fifty Defendants, alleged ACTITUD and Blanco, than above, defendants, ($50,000.00)

unjustly enriched themselves in an amount estimated to be less thousand dollars Plaintiff, Mr. Nuez has seen itself improvished as it has lost on economic benefits of his work and revenues, and as such is entitled to just compensation thereof. X. WHEREFORE, as follows: (1) That judgment be entered against defendants, ACTITUD Corp. and Ms. Shanira Blanco, in favor of Plaintiff, Sixto Nuez Perez for acts of willful infringement of said copyrights to protected photographs; for the PRAYER FOR RELIEF above stated reasons Plaintiff, Sixto

Nuez Perez, asks this Honorable Court that judgment be entered

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(2) The judgment be entered against defendants, in favor of Plaintiffs whereas Defendants be required to pay to Plaintiff statutory damages in the amount of $150,000.00 per copyright violation and infringement, pursuant to 17 U.S.C. 504(c); (2) That judgment be entered against defendants, ACTITUD Corp. and Ms. Shanira Blanco in favor of Plaintiff, Sixto Nuez for all monies, revenues, benefits and royalties that defendants have received as a result of its acts of unjust enrichment but in no case less than $50,000.00; (3) That judgment be entered against defendants, in favor of Plaintiffs whereas defendants, their associates, employees, partners, subsidiaries, corporate officers and any other associated with defendants, be enjoined from infringing manner displaying, on Plaintiffs but not aforesaid limited and copyrights to, in any including, manufacturing, exploiting,

distributing,

commercially

Plaintiffs copyrighted images; (4) That judgment be entered against defendants, in favor of Plaintiffs whereas Plaintiff, Sixto Nuez Perez be awarded its expenses, costs and reasonable attorneys fees incurred in the prosecution of this action. (5) That Plaintiff, Sixto Nuez Perez be awarded such other relief as this Court deems appropriate and just. V.DEMAND FOR TRIAL BY JURY Plaintiff, Sixto Nuez, demands trial by jury in this action. RESPECTFULLY SUBMITTED, in San Juan, Puerto Rico, 20th day of June, 2011.

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s/ Jean Paul Vissep Garriga JEAN PAUL VISSEP GARRIGA USDC 221504 E-mail:jeanpaul@visseposanchez.com s/ Israel Melndez Torres ISRAEL MELENDEZ TORRES USDC 224104 E-mail: israelmelendez@gmail.com Urb. Roosevelt Antolin Nin No. 401, San Juan Puerto Rico 00918 Tel: (787) 998-1812 / Fax: (787) 998-1856