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CLOSED,CV

U.S. District Court District of Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:10-cv-00308-ADM-FLN

Masterfile Corporation v. Obstetrics, Gynecology and Infertility, P.A. Assigned to: Judge Ann D. Montgomery Referred to: Magistrate Judge Franklin L. Noel Cause: 17:101 Copyright Infringement Date Filed 02/03/2010 # Docket Text

Date Filed: 02/03/2010 Date Terminated: 04/30/2010 Jury Demand: None Nature of Suit: 820 Copyright Jurisdiction: Federal Question

1 COMPLAINT against Obstetrics, Gynecology and Infertility, P.A. ( Filing fee $ 350 receipt number 4041182.) assigned to Judge Ann D. Montgomery per Master List and referred to Magistrate Judge Franklin L. Noel, filed by Masterfile Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet) (LMB) (Entered: 02/03/2010) Summons Issued as to Obstetrics, Gynecology and Infertility, P.A. (LMB) (Entered: 02/03/2010) 2 RULE 7.1 DISCLOSURE STATEMENT by Masterfile Corporation that there is no such parent or publicly held corporation to report. (LMB) (Entered: 02/03/2010) 3 SUMMONS Returned Executed by Masterfile Corporation. Obstetrics, Gynecology and Infertility, P.A. served on 2/4/2010, answer due 2/25/2010. (Boyd, Felicia) (Entered: 02/09/2010) 4 STIPULATION Extending Time to Respond to Complaint by Masterfile Corporation, Obstetrics, Gynecology and Infertility, P.A.. (Attachments: # 1 Certificate of Service) (Myers, Laura) (Entered: 02/23/2010) 5 ORDER Extending Time to Respond to Complaint until March 16, 2010 re: 4 Stipulation filed by Obstetrics, Gynecology and Infertility, P.A., Masterfile Corporation. Signed by Magistrate Judge Franklin L. Noel on 2/25/2010. (JME) (Entered: 02/26/2010) 6 NOTICE of Appearance by Felicia J Boyd on behalf of Masterfile Corporation. (Attachments: # 1 Certificate of Service)(Boyd, Felicia) (Entered: 03/05/2010) 7 Defendant's ANSWER to Complaint by Obstetrics, Gynecology and Infertility, P.A.. (Attachments: # 1 Certificate of Service) (Myers, Laura) (Entered: 03/15/2010) 8 ORDER/NOTICE OF INITIAL PRETRIAL CONFERENCE: Pretrial Conference set for 4/30/2010 09:15 AM in Judge's Chambers 9W (MPLS) before Magistrate Judge Franklin L. Noel. Signed by Magistrate Judge Franklin L. Noel on 3/16/10. (Attachments: # 1 Consent Form)(LPH) (Entered: 03/16/2010)

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CM/ECF - District of Minnesota - Live

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04/20/2010

***TEXT ONLY ENTRY*** - NOTICE of Cancelation of Hearing: Pretrial conference before Magistrate Judge Noel for April 30, 2010, is cancelled. Case reported resolved. (CAO) (Entered: 04/20/2010) 9 STIPULATION of Dismissal with Prejudice by Masterfile Corporation, Obstetrics, Gynecology and Infertility, P.A.. (Boyd, Felicia) (Entered: 04/28/2010) 10 ORDER re 9 Stipulation of Dismissal filed by Obstetrics, Gynecology and Infertility, P.A., Masterfile Corporation. Signed by Judge Ann D. Montgomery on 5/3/2010. (GS) (Entered: 05/03/2010) 11 JUDGMENT (Attachments: # 1 Civil Notice - appeal, # 2 Civil-8th Circuit Pre-Hearing Conference Notice)(LPH) (Entered: 05/03/2010)

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CASE 0:10-cv-00308-ADM-FLN Document 1 Filed 02/03/10 Page 1 of 6

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA ) ) ) ) ) ) ) ) ) ) ) )

MASTERFILE CORPORATION, Plaintiff, vs. OBSTETRICS, GYNECOLOGY AND INFERTILITY, P.A., Defendant.

Civil No. ___________________

COMPLAINT

Plaintiff Masterfile Corporation ( Masterfile as and for its complaint against ), Defendant Obstetrics, Gynecology and Infertility, P.A. ( OGI alleges as follows: ), JURISDICTION AND VENUE 1. This claim arises under the provisions of the Copyright Act of the United States,

as amended, 17 U.S.C. 101 et seq., and is for infringement of copyrights registered in the Copyright Office of the United States. Plaintiff alleges a claim of copyright infringement based upon Defendant unauthorized public display and reproduction of three (3) of Plaintiff s s copyrighted images (the Images ). 2. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

1331 and 1338(a), and personal jurisdiction over defendants pursuant to 28 U.S.C. 1391(b) and (c). 3. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b) and (c).

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PARTIES 4. Plaintiff is a well known stock photography company with its principal place of

business at 3 Concorde Gate, 4th Floor, Toronto, Ontario, Canada M3C 3N7. Plaintiff is in the business of licensing reproduction rights in images to users for a fee. 5. Upon information and belief, Defendant OGI is, and at all relevant times was, a

corporation existing under the laws of Minnesota with its principal place of business at 6405 France Avenue South, Suite W400, Edina MN 55435. OGI provides medical services to the Website ). general public and maintains a website for this purpose at www.obgynmn.com (the 6. Upon information and belief, Defendant provides its services and products to

clients in Minnesota, and solicits clients in Minnesota through the Website. FACTS 7. Plaintiff, a stock photography company, acquires, organizes, distributes and

licenses images for commercial use in media ranging from print advertising to websites. 8. Plaintiff owns and operates a website located at the URL www.masterfile.com

whereby professional photo users are able to search Plaintiff database of images in order to s license selected images for an appropriate license fee. 9. Plaintiff images are acquired under exclusive contract from professional s

photographers and illustrators who are paid a royalty every time an image is licensed. 10. By assignment agreements executed pursuant to contracts between Plaintiff and

the photographers it represents, Plaintiff is the assignee of copyright in the images it acquires for its collection from photographers. 11. As part of its usual course of business, Plaintiff registers all images in is

collection with the Copyright Office.

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12. 13.

Plaintiff is the assignee of copyright in the three images identified in Exhibit A. Plaintiff registered its copyright in and to the Images with the United States

Copyright Office and holds valid certificates of registration in the Images, effective as of November 19, 2001 and September 20, 2002. The Certificates of Registration are annexed as Exhibit B. 14. Plaintiff complied in all respects with the Copyright Act of the United States and

secured the exclusive right and privilege in and to the copyright of the Photographs identified by Plaintiff as 700-00065792, 700-00086315, and 700-00089271 and by the Register of Copyrights Certificate of Registration as VA 1-108-991, VA 1-148-928 and VA 1-166-519. 15. On or about April 18, 2008, Plaintiff discovered that Defendant was displaying

the Images on the Website owned by Defendant. Upon information and belief, Defendant has displayed the Images on the Website since 2003. Defendant had previously been licensed to display the Images. This license expired and Defendant continued to display the Images without license to do so. 16. Plaintiff notified Defendant that Defendant unauthorized use of the Images s

violates Plaintiff exclusive rights as copyright owner pursuant to 17 U.S.C 106, and gave s Defendant an opportunity to enter into a retroactive licensing agreement or make payment for Defendant past unauthorized use prior to instituting the present action. s 17. Despite Plaintiff repeated requests for payment, Defendant refused to s

compensate Plaintiff for Defendant unauthorized use of the Images on the Website. s

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COUNT I Infringement Of Copyright Copyright Act, 17 U.S.C. 501 et seq. 18. Plaintiff incorporates by reference each and every averment contained in

paragraphs 1 through 17 above. 19. Defendant infringed Plaintiff copyrights in the Images by reproducing and s

publicly displaying the Images on the Website for advertising purposes. Defendant is not, and have never been, licensed or otherwise authorized to reproduce, display, distribute or use the Images. 20. Defendant conduct in reproducing and publicly displaying the Images s

constitutes copyright infringement under the Copyright Act of 1976, 17 U.S.C 501. 21. The infringement of Plaintiff rights in and to each of the Images constitutes a s

separate and distinct act of infringement. 22. The foregoing acts of infringement by Defendant has been willful, intentional,

and purposeful, in disregard of and indifference to Plaintiff rights. s 23. As a result of the copyright infringement described above, Plaintiff is

entitled to relief, including, but not limited to, injunctive relief, actual or statutory damages, statutory costs and attorney fees and prejudgment interest. s PRAYER FOR RELIEF WHEREFORE, Plaintiff prays that this Court: A. Preliminarily and permanently enjoin Defendant, its officers, directors, principals,

agents, servants, employees, successors and assigns from: (a) copying, or making any unauthorized use of the Images, in any form, including

but not limited to print or electronic use;

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(b)

manufacturing, producing, distributing, circulating, selling, offering for sale,

advertising, promoting or displaying any promotional material bearing any simulation, reproduction, counterfeit, or copy of the Images; and (c) using any simulation, reproduction, counterfeit, or copy of the Images, in

connection with the promotion, advertisement, display, sale, offering for sale, manufacture, production, circulation or distribution of any product or service of Defendant. B. Direct Defendant to deliver for destruction all products, magazines, signs, prints,

packages, dies, wrappers, receptacles, digital files and advertisements in their possession or under their control, bearing the Images, or any simulation, reproduction, counterfeit, or copy, and all plates, molds, matrices and other means of making the same. C. Direct Defendant to account for and relinquish to Plaintiff all gains, profits, and

advantages derived by Defendant through Defendant infringement of Plaintiff copyrights. s s D. Alternatively, direct Defendant to pay to Plaintiff such damages, including

statutory damages of up to $150,000 per Image, as Plaintiff is entitled to as a consequence of Defendantsinfringement of Plaintiff copyrights in its Images. s E. F. and; G. proper. Award to Plaintiff such other and further relief as the Court may deem just and Award to Plaintiff the costs of this action together with reasonable attorney fees. s Award to Plaintiff prejudgment interest on the amount of the award to Plaintiff,

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Dated: February 3, 2010 s/Felicia J. Boyd Felicia J. Boyd, #186168 Leita Walker, #387095 FAEGRE & BENSON LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-3901 Tel: (612) 766-7000 Fax: (612) 766-1600 E-mail: fboyd@faegre.com ATTORNEYS FOR PLAINTIFF MASTERFILE CORPORATION
fb.us.4799294.01