You are on page 1of 4

Leonard D.

DuBoff, OSB #774378


lduboff@dubofflaw. corn
The DuBoff Law Group
6665 S.W. Hampton Street, Suite 200
Portland, Oregon 97223-8357
Telephone: (503) 968-8111
Facsimile: (503) 968-7228
Of Attorneys for Plaintiff
Pacific Wood Ventures, LLC
UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
Civil Case No. I/
1c1
PACIFIC WOOD VENTURES, LLC., an
Oregon limited liability company,
Plaintiff,
ABBY GHIASSY an individual and GENESIS
MARKETING, LLC, an Oregon limited liability
company.
Defendants.
COMPLAINT
Copyright Infringement
(17 U.S.0

501, etseq)
DEMAND FOR JURY TRIAL
Plaintiff Pacific Wood Ventures, LLC alleges its action against Abby Ghiassy and Genesis
Marketing, LLC as follows.
JURISDICTION AND VENUE
1. This is a claim for copyright infringement arising under 17 U.S.C. S 501-513.
2. This Court has federal subject matter jurisdiction over this action pursuant to 28 U.S.C.
S 1331 and 1338.
Venue is proper in this district pursuant to 28 U.S.C. 1391(b)(2) because a substantial
part of the events giving rise to this claim occurred in this district.
PARTIES
4. Plaintiff Pacific Wood Ventures, LLC ("Pacific") is an LLC which at all relevant times
herein has had its principal place of business in Bend, Oregon. Pacific sells wall beds through its
showroom in Bend, other retailers, and its website www.wallbedfactory.com . Pacific holds
copyrights in certain renderings and text, among them the copyrights in the renderings of
Page 1 COMPLAINT
Case 6:14-cv-01029-MC Document 1 Filed 06/26/14 Page 1 of 4 Page ID#: 1
furniture on Pacifics website (the "Renderings"), true and correct copies of which are attached
as Exhibit 1. Plaintiff applied for registration of copyright for the webpages containing these
renderings on June 16, 2014 and June 17, 2014. Plaintiff plans to file additional applications and
to amend this Complaint to include additional infringements.
5. Defendant Abby Ghiassy ("Ghiassy"), an individual, owns and operates Genesis
Marketing, LLC and is registrant of the URL wallbedsunlimited.com .
6. Defendant Genesis Marketing, LLC ("Genesis"), a corporation formed under the laws of
the state of Oregon, with its principal place of business in Corvallis, Oregon, sells wall beds and
related furniture throughout the United States, including Oregon.
FIRST CLAIM FOR RELIEF
(Copyright Infringement against Ghiassy and Genesis)
7. Pacific re-alleges and incorporates herein, by reference, each and every allegation
contained in paragraphs 1 through 6 above, as though fully set forth herein.
8. In November 2013, Pacific discovered that Ghiassy and Genesis were using Renderings
and text from Pacifics website.
9. Pacific has not authorized Ghiassy or Genesis to reproduce the Renderings or text.
10. Pacific is informed and believes that Ghiassy and Genesis have been using the
Renderings and text for an extensive period of time.
11. Pacific is the sole owner of the copyright in the Renderings and text.
12. The acts alleged herein constitute copyright infringement under 17 U.S.C. 501.
13. Pacific is informed and believes and based thereon alleges that the acts alleged above
were at all times committed intentionally and willfully by Ghiassy and Genesis.
14. The acts of Ghiassy and Genesis have caused and will continue to cause, unless enjoined,
irreparable injury to Pacific, including loss of sales as well as injury to Pacifics business
reputation and goodwill. Pacific has no adequate remedy at law.
Page 2COMPLAINT
Case 6:14-cv-01029-MC Document 1 Filed 06/26/14 Page 2 of 4 Page ID#: 2
15. Pacific is entitled to an injunction restraining Ghiassy, Genesis and all persons acting in
concert with them or either of them from engaging in any further acts of infringement.
16. Pacific is further entitled to recover from Ghiassy and Genesis the actual damages Pacific
has sustained and will sustain and any gains, profits, and advantages obtained by them as a result
of its acts and infringements alleged above. At present, the amount of such damages, gains,
profits, and advantages cannot be fully ascertained by Pacific.
WHEREFORE, Pacific prays for judgment as follows:
A. That Ghiassy and anyone acting on his behalf be enjoined during the pendency of this
action and permanently from directly or indirectly infringing Pacifics aforementioned copyright
in the manner alleged above;
B. That Ghiassy and anyone else acting on his behalf be required to pay Pacific such
damages as Pacific has sustained as a consequence of Ghiassys infringement, and to account for
all gains, profits, and advantages derived by Ghiassy by reason of his infringements of Pacifics
copyrights, in an amount to be determined at trial;
C. That Pacific be awarded punitive damages in an amount to be proven at trial for the
willful, wanton, and malicious actions of Ghiassy in disregard of Pacifics rights;
D. That Genesis and its respective officers, agents, employees, successors, assigns, and
anyone else acting on its behalf, be enjoined during the pendency of this action and permanently
from directly or indirectly infringing Pacifics aforementioned copyrights in the manner alleged
above;
E. That Genesis and its respective officers, agents, employees, successors, assigns, and
anyone else acting on its behalf, be required to pay Pacific such damages as Pacific has sustained
as a consequence of Genesiss infringement, and to account for all gains, profits, and advantages
derived by Genesis by reason of its infringements of Pacifics copyrights, in an amount to be
determined at trial;
Page 3 COMPLAINT
Case 6:14-cv-01029-MC Document 1 Filed 06/26/14 Page 3 of 4 Page ID#: 3
F. That Pacific be awarded punitive damages in an amount to be proven at trial for the
willful, wanton, and malicious actions of Genesis in disregard of Pacifics rights; and,
G. That Pacific have such other and further relief as is just and equitable.
DEMAND FOR JURY TRIAL
Plaintiff demands trial by jury.
DATEDthis 1ay of(\2014
THE DUBOFF LAW GROUP
Leonard D. DuBoff, OSB #774378
lduboff@dubofflaw.com
Of Attorneys for Plaintiff Pacific
Page 4COMPLAINT
Case 6:14-cv-01029-MC Document 1 Filed 06/26/14 Page 4 of 4 Page ID#: 4