777777 / 2167464-1
8.On or about November of 1994, Silver Streak displayed the Work at an industrytrade show. The Work was an instant success and generated a large volume of orders.9.As a result of its marketing of the Work, and the success of its products, Silver Streak has come to be, and now is, well and favorably known to the Industry as a reliablesupplier of high quality products. Silver Streak has thereby built up and now owns valuablegood will.10.Within the nine month period prior to the filing of this civil action, Defendant didinfringe Silver Streak’s copyright in the Work by producing copies of the Ore Car display. A photograph of Defendant’s Ore Car, for example, in use at the Las Vegas Souvenir & Resort GiftShow on September 18, 2013 is attached hereto as
.11.The infringement by Squire Boone has been deliberate and willful.
COUNT I: COPYRIGHT INFRINGEMENT
12.Silver Streak incorporates by reference all of the allegations contained in paragraphs 1 through 11 above as if fully set forth herein.13.By virtue of the acts alleged herein, the Defendant has been and is engaging incopyright infringement in violation of 17 U.S.C. §501 by reproducing Plaintiff’s copyrightedWork.
COUNT II: TORTIOUS INTERFERENCE WITH CONTRACT
14.Silver Streak incorporates by reference all of the allegations contained in paragraphs 1 through 13 above as if fully set forth herein.15.Based on information and reasonable belief, Defendant has made at least one saleof the Ore Car to Six Flags, a potential customer of Plaintiff’s, in violation of Plaintiff’scopyright.
Case 4:13-cv-00173-RLY-DML Document 1 Filed 10/29/13 Page 3 of 5 PageID #: 3