Page 1 –COMPLAINT FOR COPYRIGHT INFRINGEMENT

Leonard D. DuBoff, OSB #77437
Email: lduboff@dubofflaw.com
The DuBoff Law Group, LLC
6665 SW Hampton Street, Suite 200
Portland, OR 97223-8357
Telephone: (503) 968-8111
Facsimile: (503) 968-7228

Attorney for Plaintiff, EGO Originals, Inc.




UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
EUGENE DIVISION


EGO Originals, Inc., an Oregon
corporation,

Plaintiff,

v.

Chico’s FAS, Inc., a Florida corporation,

Defendant.
Civil Action No. 6:13-CV-986


COMPLAINT FOR COPYRIGHT
INFRINGEMENT

JURY TRIAL REQUESTED


Plaintiff EGO Originals, Inc. (“EGO”) alleges its action against Defendant Chico’s FAS, Inc.
(“Chico’s”) as follows:
Jurisdiction and Venue
1. This is a claim for copyright infringement arising under 17 U.S.C. §§ 501-513.
2. This Court has federal subject matter jurisdiction over this action pursuant to 28
U.S.C. §§ 1331 and 1338.
Case 6:l3-cv-00986-TC Document l Filed 06/l3/l3 Page l of 4 Page lD#: l
Page 2 –COMPLAINT FOR COPYRIGHT INFRINGEMENT
3. Venue is appropriate in this district pursuant to 28 U.S.C. §§ 1391 and 1400
because the Plaintiff is based in this district, Defendant actively markets its products and services
to customers within the district, and injury has occurred within the district.
Parties
4. Plaintiff EGO is an Oregon corporation with its principal place of business at
61505 American Lane, Bend, Oregon. EGO specializes in the creation of handcrafted fabrics
and garment production for small high end boutiques and galleries featuring Art to Wear.
5. Defendant Chico’s FAS, Inc. (“Chico’s”) is a Florida corporation with its
principal place of business at 11215 Metro Parkway Fort Myers, Florida. Chico’s is a retailer of
women’s clothing that operates stores throughout the continental United States, including in the
state of Oregon.
Claim
FIRST CLAIM FOR RELIEF
(Federal Copyright Infringement)
6. EGO re-alleges and incorporates herein, by reference, each and every allegation
contained in paragraphs 1 through 5 above, as though fully set forth herein.
7. EGO created, and owns the copyright in and to, an image consisting of three
stylized elongated human forms. A photograph of that image (hereinafter, “L Block”) used by
Plaintiff as part of a surface design on fabric is attached hereto as Exhibit A. EGO filed an
application for registration for this design with the United States Copyright Office on June 11,
2013. Attached as Exhibit B is a true and correct copy of the application.
8. EGO has used the L Block design for numerous products, including but not
limited to the Ruana garment pictured in the attached Exhibit C.
Case 6:l3-cv-00986-TC Document l Filed 06/l3/l3 Page 2 of 4 Page lD#: 2
Page 3 –COMPLAINT FOR COPYRIGHT INFRINGEMENT
9. Chico’s has manufactured and sold the garment it markets as “Dramatic Artisan
Burnout Kimono Jacket,” pictured in Exhibit D. That garment incorporates the L Block image
as part of the surface design on its fabric.
10. EGO has not authorized Chico’s to reproduce the L Block on its “Dramatic
Artisan Burnout Kimono Jacket” or any other item.
11. EGO has complied in all respects with 17 U.S.C. §§ 101 et seq., and secured the
exclusive rights and privileges in and to the copyrights of the L Block. Plaintiff is the sole
proprietor of all rights, title, and interest in and to the copyrights in the L Block.
12. Defendant’s conduct violated the exclusive rights belonging to Plaintiff including
without limitation Plaintiffs’ rights under 17 U.S.C. § 106.
13. Based on information and belief, Plaintiff alleges that, as a direct and proximate
result of their wrongful conduct, Defendant has realized profits and other benefits rightfully
belonging to Plaintiff. Accordingly, Plaintiff seeks an award of damages pursuant to 17 U.S.C.
§§ 504 and 505.
14. Defendant’s infringing conduct has also caused and is causing substantial and
irreparable injury and damage to Plaintiff in an amount not capable of determination, and, unless
restrained, will cause further irreparable injury, leaving the Plaintiff with no adequate remedy at
law.
15. Based on information and belief, Defendant has willfully engaged in, and is
willfully infringing the copyright to the L Block in conscious disregard of the rights of Plaintiff.
Relief Requested
WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
Case 6:l3-cv-00986-TC Document l Filed 06/l3/l3 Page 3 of 4 Page lD#: 3
Page 4 –COMPLAINT FOR COPYRIGHT INFRINGEMENT
A. Declaring that Defendant’s unauthorized conduct violates Plaintiff’s rights under
the Federal Copyright Act;
B. Immediately and permanently enjoining Defendant, its officers, directors, agents,
employees, representatives, attorneys, related companies, successors, assigns, and all others in
active concert or participation with them from infringing Plaintiff’s copyright in the L Block;
C. Ordering Defendant to account to Plaintiff for all gains, profits, and advantages
derived by Defendant by its infringement of Plaintiff’s copyrights or such damages as are proper;
D. Awarding Plaintiff’s actual damages for Defendant’s copyright infringement; and
E. Awarding Plaintiff such other and further relief as is just and proper.
Demand for Jury Trial
Pursuant to Fed. R. Civ. P. 38, Plaintiff demands a jury trial on all issues raised in this
Complaint triable to a jury.
DATED: June 13, 2013.

____________________________
Leonard D. DuBoff, OSB # 774378
Email: lduboff@dubofflaw.com
6665 SW Hampton St., Ste. 200
Portland, OR 97223
Telephone: (503) 968-8111
Facsimile: (503) 968-7228

Attorney for Plaintiff, EGO Originals, Inc.

Case 6:l3-cv-00986-TC Document l Filed 06/l3/l3 Page 4 of 4 Page lD#: 4

Sign up to vote on this title
UsefulNot useful