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Random Lengths Copyright Complaint

Random Lengths Copyright Complaint

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Published by Kenan Farrell
Random Lengths Copyright Complaint
Random Lengths Copyright Complaint

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Categories:Types, Business/Law
Published by: Kenan Farrell on Jul 02, 2013
Copyright:Attribution Non-commercial

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07/27/2013

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PAGE 1 – COMPLAINT FOR COPYRIGHT INFRINGEMENT AND BREACH OF CONTRACTJ. Peter Staples, OSB No. 794042 pete@chernofflaw.com Susan D. Pitchford, OSB No. 980911sdp@chernofflaw.com 
CHERNOFF VILHAUER LLP
601 SW Second Avenue, Suite 1600Portland, OR 97204-3157Telephone: (503) 227-5631Facsimile: (503) 228-4373Attorneys for Plaintiff UNITED STATES DISTRICT COURTDISTRICT OF OREGONPORTLAND DIVISION
RANDOM LENGTHS
 
PUBLICATIONS,INC.
, an Oregon corporation,Plaintiff,v.
BRIDGEWELL RESOURCES LLC,
 an Oregon limited liability company,Defendant.Case No.
COMPLAINT FOR COPYRIGHTINFRINGEMENT AND BREACHOF CONTRACTDEMAND FOR JURY TRIAL
 
For its complaint against defendant, plaintiff alleges the following:1. Plaintiff Random Lengths Publications, Inc. (“Random Lengths”) is an Oregoncorporation with its principal place of business in Eugene, Oregon. Random Lengths publishesand distributes periodicals and newsletters containing timely information of interest to the forest products industry.
Case 3:13-cv-01077-HU Document 1 Filed 06/26/13 Page 1 of 8 Page ID#: 1
 
PAGE 2 – COMPLAINT FOR COPYRIGHT INFRINGEMENT AND BREACH OF CONTRACT2. Upon information and belief, Bridgewell Resources LLC (“Bridgewell”) is anOregon limited liability company with a principal place of business at 10200 Greenburg Road,Suite 500, Tigard, Oregon 97223. Upon information and belief, Bridgewell is a wholesaledistributor of wood, food, agricultural, mat, utility and construction products, specialty building products; and renewable resource products.3. This case arises under the Copyright Act, 17 U.S.C. §§ 101-1332. This Court has jurisdiction of the subject matter herein pursuant to 28 U.S.C. §§ 1331 and 1338(a), and the principles of supplemental jurisdiction set out in 28 U.S.C. § 1367.4. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b) and (c).5. Random Lengths publishes a variety of periodical newsletters containing timelyinformation of interest to the forest products industries. Random Lengths’ publications include:
 Random Lengths, The Weekly Report on North American Forest Products Markets
(“WeeklyReport”);
 Random Lengths Market Report – Midweek 
(“Midweek Report”);
 Random LengthsPanel Market Report 
(“Panel Report”);
 Random Lengths Lumber Market Report 
(“Lumber Report”); and Random Lengths YARDSTICK,
The Monthly Measure of Forest ProductsStatistics
(“Yardstick”). (The reports are collectively referred hereafter as the “Reports” or the“RLP Reports”). The Lumber Report and the Panel Report are published separately prior to theWeekly Report and are then incorporated into The Weekly Report when it is published.
P
LAINTIFF
S
F
ACTUAL
A
LLEGATIONS
 
6. The publications are sold pursuant to a Subscription Agreement.
Exhibit A
. TheSubscription Agreement informs Subscribers that the Reports contain copyrighted material and the Subscriber agrees not to retransmit the Reports to any third-party or a separate physicallocation of the Subscriber.
Case 3:13-cv-01077-HU Document 1 Filed 06/26/13 Page 2 of 8 Page ID#: 2
 
PAGE 3 – COMPLAINT FOR COPYRIGHT INFRINGEMENT AND BREACH OF CONTRACT7. Random Lengths owns copyright rights in each edition of the Reports listed above. All editions of RLP Reports contain copyright notices,
e.g
., “Copyright © 2012 RandomLengths Publications Inc,” and inform the reader that retransmission of the Report creates anadditional copy and is prohibited.
Exhibit B.
 8. Random Lengths owns copyright registrations for all its Reports. The Reports areregistered as periodicals, with a single registration covering multiple Reports.9. Random Lengths distributes its Reports by mail and electronically via facsimileand e-mail PDF transmissions.10. An email transmittal letter accompanies each email PDF Report. The transmittalletter includes a copyright notice and a warning that the Report may not be retransmitted withoutwritten permission of the publisher.
Exhibit C.
11. Each electronic transmission of a Report includes a full page
“IMPORTANTCOPYRIGHT REMINDER,”
informing readers that the Report is protected by U.S. copyrightlaws.
Exhibit D.
The Reminder also reiterates that retransmission of the Report without written permission is unlawful.12. Periodically, Random Lengths publishes an “Warning Article” article explainingthat RLP owns copyright rights in the Reports and that retransmission of the Reports is aviolation of those rights.
Exhibit E
.
 
13. Random Lengths sends each subscriber to a PDF Weekly Report, Midweek Report, Panel Report, or Lumber Report an ONLINE SUBSCRIBER COPYRIGHTCOMPLIANCE FORM (“Compliance Form”) in conjunction with the initial invoice for thesubscription or a renewal statement.
Exhibit F.
The Compliance Form notifies the subscriber that the RLP Report is the property of Random Lengths, and that each publication contains
Case 3:13-cv-01077-HU Document 1 Filed 06/26/13 Page 3 of 8 Page ID#: 3

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