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Academy v. De la Rosa - Complaint

Academy v. De la Rosa - Complaint

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Published by slburstein
Academy v. De la Rosa - Complaint
Academy v. De la Rosa - Complaint

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Published by: slburstein on Feb 09, 2014
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02/10/2014

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C
OMPLAINT FOR 
 C
OPYRIGHT
I
 NFRINGEMENT
 T
RADEMARK 
I
 NFRINGEMENT ET AL
.
UNITED STATES DISTRICT COURTWESTERN DISTRICT OF TEXASAUSTIN DIVISIONACADEMY OF MOTION PICTURE ARTSAND SCIENCES, a California nonprofitcorporation,Plaintiff,v.JAIME DE LA ROSA, an individual; andDOES 1-10, inclusive,Defendants.CIVIL ACTION NO. 1:14-cv-116 __________ 
DEMAND FOR JURY TRIALPLAINTIFF’S ORIGINAL COMPLAINT AND REQUEST FOR PRELIMINARY INJUNCTION
Plaintiff Academy of Motion Pictures Arts and Sciences (the “Academy”) complains of defendants and alleges:
Jurisdiction and Venue
1.
 This action arises under the copyright and trademark laws of the United States,Titles 15 and 17, United States Code. This Court has federal question jurisdiction under 28U.S.C. §§ 1331 and 1338(a). Venue lies in this district under 28 U.S.C. §§ 1391(b) and 1400(a).
Nature of Action
2.
 In this action, the Academy seeks injunctive relief and damages for copyrightinfringement, trademark infringement, trademark dilution, and false representation willfullycommitted by defendant Jaime De La Rosa in violation of the laws of the United States.
Case 1:14-cv-00116 Document 1 Filed 02/05/14 Page 1 of 15
 
-2-
C
OMPLAINT FOR 
 C
OPYRIGHT
I
 NFRINGEMENT
 T
RADEMARK 
I
 NFRINGEMENT ET AL
.
Parties
3.
 The Academy is, and at all times herein mentioned was, a nonprofit corporationorganized and existing under the laws of the State of California, with its principal place of  business in Los Angeles County, California.
4.
 The Academy is informed and believes, and on that basis alleges that defendantJaime De La Rosa (“De La Rosa”), is an individual who resides in Williamson County, State of Texas. On information and belief, De La Rosa operates (1) a store on the eBay Web site(www.ebay.com) in the form of an online auction and shopping site under the user name“jjleo0205” and (2) an online store on the Etsy Web site (www.etsy.com) under store name"QuietOnTheSet" and user name "Jaime De La Rosa." De La Rosa can be served at 2601 LaFrontera Boulevard, Unit 3202, Round Rock, Texas 787681 or wherever he may be found.
5.
 The Academy is informed and believes, and on that basis alleges, that Does 1through 5, inclusive, manufactured, imported, or procured counterfeit replica “©Oscar®”statuettes for De La Rosa to sell in derogation of the Academy's rights.
6.
 The Academy is informed and believes, and on that basis alleges, that Does 6through 10, inclusive, assisted or enabled De La Rosa in the sale of counterfeit replica“©Oscar®” statuettes.
7.
 The true names and capacities of the defendants sued herein as Does 1 through10, inclusive, are not known to the Academy, and the Academy therefore sues said defendants bysuch fictitious names. The Academy will amend this Complaint to allege their true names andcapacities when the same are ascertained.
Case 1:14-cv-00116 Document 1 Filed 02/05/14 Page 2 of 15
 
-3-
C
OMPLAINT FOR 
 C
OPYRIGHT
I
 NFRINGEMENT
 T
RADEMARK 
I
 NFRINGEMENT ET AL
.
Factual Background
8.
 The Academy was founded in 1927 by a now legendary group of 36 film industryleaders for the purposes,
 inter alia,
 of advancing motion picture arts and sciences and promotingcultural, educational, and technological progress. As part of its effort, the Academy formallyrecognizes persons who make outstanding contributions in their respective creative fields. Thus,the Academy holds annual Academy Awards® ceremonies, during which it confers its AcademyAward of Merit, known to the public as the “Oscar,” in over 20 categories of achievement.
9.
 The Academy has registered the “©Oscar®” statuette as a work of art with theCopyright Office of the United States of America. A true and correct copy of the Certificate of Registration, No. G 38512, is attached as Exhibit A and, by this reference, is incorporated hereinas though set forth at length. The Academy has also renewed the registration of its copyright inthe “©Oscar®.” A true and correct copy of the Certificate of Registration of a Claim to Renewalof Copyright, No. R 443432, is attached as Exhibit B and, by this reference, is incorporatedherein as though set forth at length. The Academy’s registrations are valid, subsisting, andincontestable. See Academy of Motion Picture Arts and Sciences v. Creative House Promotions,Inc., 944 F.2d 1446, 1455 (9th Cir. 1991).
10.
 The Academy has also registered a two-dimensional depiction of the design of the“Oscar®” as both a trademark and service mark with the Patent and Trademark Office of theUnited States of America. True and correct copies of the Certificates of Registration, Nos.1,028,635, 1,895,980, 1,960,182, and 2,112,107, are attached as Exhibit C and, by this reference,are incorporated herein as though set forth at length. The “Oscar®” design mark registrationsare valid, subsisting, and incontestable. Academy of Motion Picture Arts and Sciences, 944 F.2d
Case 1:14-cv-00116 Document 1 Filed 02/05/14 Page 3 of 15

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