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EGO Originals Inc. v. Chico's - Complaint

EGO Originals Inc. v. Chico's - Complaint

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Published by slburstein
EGO Originals Inc. v. Chico's - Complaint
EGO Originals Inc. v. Chico's - Complaint

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Published by: slburstein on Jun 17, 2013
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06/17/2013

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Page 1 –COMPLAINT FOR COPYRIGHT INFRINGEMENTLeonard D. DuBoff, OSB #77437
Email: lduboff@dubofflaw.comThe DuBoff Law Group, LLC6665 SW Hampton Street, Suite 200Portland, OR 97223-8357Telephone: (503) 968-8111Facsimile: (503) 968-7228Attorney for Plaintiff, EGO Originals, Inc.UNITED STATES DISTRICT COURTDISTRICT OF OREGONEUGENE DIVISION
EGO Originals, Inc., an Oregoncorporation,Plaintiff,v.Chico’s FAS, Inc., a Florida corporation,Defendant.Civil Action No. 6:13-CV-986COMPLAINT FOR COPYRIGHTINFRINGEMENTJURY TRIAL REQUESTED
 Plaintiff EGO Originals, Inc. (“EGO”) alleges its action against Defendant Chico’s FAS, Inc.(“Chico’s”) as follows:
Jurisdiction and Venue
 1. This is a claim for copyright infringement arising under 17 U.S.C. §§ 501-513.2. This Court has federal subject matter jurisdiction over this action pursuant to 28U.S.C. §§ 1331 and 1338.
Case 6:13-cv-00986-TC Document 1 Filed 06/13/13 Page 1 of 4 Page ID#: 1
 
Page 2 –COMPLAINT FOR COPYRIGHT INFRINGEMENT
3. Venue is appropriate in this district pursuant to 28 U.S.C. §§ 1391 and 1400because the Plaintiff is based in this district, Defendant actively markets its products and servicesto customers within the district, and injury has occurred within the district.
Parties
 4. Plaintiff EGO is an Oregon corporation with its principal place of business at61505 American Lane, Bend, Oregon. EGO specializes in the creation of handcrafted fabricsand garment production for small high end boutiques and galleries featuring Art to Wear.5. Defendant Chico’s FAS, Inc. (“Chico’s”) is a Florida corporation with itsprincipal place of business at 11215 Metro Parkway Fort Myers, Florida. Chico’s is a retailer of women’s clothing that operates stores throughout the continental United States, including in thestate of Oregon.
Claim
 FIRST CLAIM FOR RELIEF(Federal Copyright Infringement)6. EGO re-alleges and incorporates herein, by reference, each and every allegationcontained in paragraphs 1 through 5 above, as though fully set forth herein.7. EGO created, and owns the copyright in and to, an image consisting of threestylized elongated human forms. A photograph of that image (hereinafter, “L Block”) used byPlaintiff as part of a surface design on fabric is attached hereto as Exhibit A. EGO filed anapplication for registration for this design with the United States Copyright Office on June 11,2013. Attached as Exhibit B is a true and correct copy of the application.8. EGO has used the L Block design for numerous products, including but notlimited to the Ruana garment pictured in the attached Exhibit C.
Case 6:13-cv-00986-TC Document 1 Filed 06/13/13 Page 2 of 4 Page ID#: 2
 
Page 3 –COMPLAINT FOR COPYRIGHT INFRINGEMENT
9. Chico’s has manufactured and sold the garment it markets as “Dramatic ArtisanBurnout Kimono Jacket,” pictured in Exhibit D. That garment incorporates the L Block imageas part of the surface design on its fabric.10. EGO has not authorized Chico’s to reproduce the L Block on its “DramaticArtisan Burnout Kimono Jacket” or any other item.11. EGO has complied in all respects with 17 U.S.C. §§ 101 et seq., and secured theexclusive rights and privileges in and to the copyrights of the L Block. Plaintiff is the soleproprietor of all rights, title, and interest in and to the copyrights in the L Block.12. Defendant’s conduct violated the exclusive rights belonging to Plaintiff includingwithout limitation Plaintiffs’ rights under 17 U.S.C. § 106.13. Based on information and belief, Plaintiff alleges that, as a direct and proximateresult of their wrongful conduct, Defendant has realized profits and other benefits rightfullybelonging to Plaintiff. Accordingly, Plaintiff seeks an award of damages pursuant to 17 U.S.C.§§ 504 and 505.14. Defendant’s infringing conduct has also caused and is causing substantial andirreparable injury and damage to Plaintiff in an amount not capable of determination, and, unlessrestrained, will cause further irreparable injury, leaving the Plaintiff with no adequate remedy atlaw.15. Based on information and belief, Defendant has willfully engaged in, and iswillfully infringing the copyright to the L Block in conscious disregard of the rights of Plaintiff.
Relief Requested
 WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
Case 6:13-cv-00986-TC Document 1 Filed 06/13/13 Page 3 of 4 Page ID#: 3

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