3contains a notice that the plaintiff is the copyright owner of certain photographs appearing in the book and provides the page numbers on which the plaintiff’s Protected Photographs appear.
¶ 16.Plaintiff alleges that her Protected Photographs are being used without permission as a“central décor element” in an upscale Italian restaurant chain named Vapiano, which has restaurantslocated in the United States and around the world.
¶¶ 1, 24-25. Specifically, the plaintiff allegesthat large mural-sized black and white reproductions of her Protected Photographs appear in allVapiano restaurants, which have the same décor and a consistent look.
¶¶ 23, 25. Plaintiff alsoalleges that her Protected Photographs appear on Vapiano websites.
¶ 28. In addition to using herphotographs without authorization, in no instance is the plaintiff referenced as the photographer orowner of the Protected Photographs.
¶ 26.On November 20, 2009, the plaintiff filed a Complaint in this Court against Vapiano SE;Vapiano International, LLC (hereinafter “Vapiano International”); and Vapiano Franchise USA, LLC(hereinafter “Vapiano USA”). The plaintiff alleges that defendant Vapiano SE, a European publiccorporation based in Germany, is a franchisor that has established sixty Vapiano restaurants in oversixteen countries around the world, and has more than a hundred new restaurants in development.
Vapiano SE is alleged to direct and control the appearance and other operational aspects of all Vapiano restaurants.
Additionally, plaintiff claims that Vapiano SE has ownershipinterests in many, if not all, Vapiano restaurants.
signatories to the Berne Convention. Berne Convention for the Protection of Literary and Artistic Works art. 3, Sept. 9,1886 - Nov. 16, 1988, S. Treaty Doc. No. 99-27, 1161 U.N.T.S. 30 (entered into force Mar. 1, 1989) (hereinafter “BerneConvention”);
Contracting Parties, Berne Convention, W
,http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=15 (last visited July 20, 2011). As a citizen of asignatory to the Berne Convention, plaintiff is afforded the protections that copyright laws of other signatories to theBerne Convention provide to their nationals.
See Golan v. Holder
, 609 F.3d 1076, 1080 (10th Cir. 2010) (“The BerneConvention requires each signatory to provide the same copyright protections to authors in other member countries that itprovides to its own authors.”). Additionally, the Berne Convention does not require the plaintiff to obtain a copyrightregistration for her photographs from the United States Copyright Office or any other copyright office where defendants’Vapiano restaurants are located as a pre-requisite for copyright protection. Berne Convention art. 5.
Case 1:09-cv-02207-BAH Document 28 Filed 07/20/11 Page 3 of 46