The plaintiffs, Bethany Primrose and her husband Russell Schenck, run a business called“Insomniac Arts” (“Insomaniac”), which has a principle place of business in Nashville,Tennessee.
Primrose creates graphic designs (“Graphic Designs”) that Insomniac prints ontogoods such as mobile phone cases, tablet covers, mugs, t-shirts, and other novelty items. Insomniac utilizes product images created by Primrose (“Product Images”) to market and sellthese items online. The plaintiffs claim copyright protection – premised on both registered andunregistered copyrights – in the Graphic Designs and Product Images. The gravamen of the plaintiffs’ Amended Complaint is that Nevada resident Cale Orosz, operating through “CaseDoodle LLC” (“Case Doodle”), “Ecello electronics,” and/or “squigglecase.com”, essentiallycopied and counterfeited Insomniac’s web pages, product designs, and products, in violation of the Copyright Act, 17 U.S.C. § 101
. Before the plaintiffs filed this lawsuit, they wrote a March 18, 2013 letter toHostgator.com LLC (“Hostgator”), the internet service provider (“ISP”) for squigglecase.com,asking Hostgator to disable several hundred squigglecase.com “url” links that allegedlycontained infringing material. Hostgator complied with that request.
II.Procedural History and the Instant Motions
The plaintiffs filed their initial Complaint on April 2, 2013. (Docket No. 1.) On May 29,2013, the plaintiffs filed an Amended Complaint (Docket No. 22), which they verified through aseparate Verification on June 24, 2012. (Docket No. 32.)
The Amended Complaint does not state the nature of Insomniac Arts’ corporateexistence, if any.2
Case 3:13-cv-00294 Document 58 Filed 11/07/13 Page 2 of 31 PageID #: 1201