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Case 6:15-cv-00451-AA

Document 1

Filed 03/18/15

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Jeffrey M. Edelson, OSB #880407


JeffEdelson@MarkowitzHerbold.com
MARKOWITZ HERBOLD PC
1211 SW Fifth Avenue, Suite 3000
Portland, OR 97204-3730
Tel: (503) 295-3085
Fax: (503) 323-9105
Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF OREGON
EUGENE DIVISION
CV No. 6:15-cv-451

PINNACLE ALLIANCE GROUP, LLC,


a Washington limited liability company,
v.

COMPLAINT

Plaintiff,

JURY DEMAND

AMBIENT ARCHITECTURE LLC dba


ASCENT ARCHITECTURE AND
INTERIORS, an Oregon limited liability
company, SETH E. ANDERSON, an Oregon
citizen, and KRISTA APPLEBY, an Oregon
citizen,
Defendants.
PARTIES
1.

Plaintiff, Pinnacle Alliance Group, LLC (Pinnacle), is a Washington limited liability


company, licensed to conduct business in Oregon.
2.
Defendant, Ambient Architecture LLC dba Ascent Architecture and Interiors (Ascent),
is an Oregon limited liability company, with offices in Bend, Oregon.

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3.
Defendant Seth E. Anderson (Anderson) is an individual resident of Bend, Oregon, and
the principal architect at Ascent.
4.
Defendant Krista Appleby (Appleby) is an individual resident of Bend, Oregon, and the
project architect for the project that is the subject of this case.
JURISDICTION
5.
Jurisdiction over this case is conferred by virtue of 28 U.S.C. 1331 (federal question),
1338 (copyrights), and 1332 (diversity of citizenship).
CLAIM FOR RELIEF
(Copyright Infringement)
6.
Pinnacle is the owner of the copyright on certain architectural plans, drawings, and
designs for a senior housing facility. Originally the senior housing facility was planned for
Sisters, Oregon on a site located on McKinney Butte Road (the Site).
7.
Pinnacle spent upwards of $700,000 performing site plan analyses (including community
preference studies), and preparing original layouts, designs, and plans.
8.
Attached as Exhibit A are some of the Pinnacle Plans, including the building footprint,
elevations, and a three-dimensional rendering.
9.
Pinnacles architectural plans and drawings (Pinnacles Plans) are subject to federal
copyright protection as an architectural work under 17 U.S.C. 101 and 102.
///
///

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10.
Pinnacle published Pinnacles Plans to the City of Sisters for site plan review and
approval in 2011, including the building footprint as part of a proposed master plan for the Site
and the surrounding area.
11.
Pinnacle also provided Pinnacles Plans to a company called Ageia Health Services as
early as April 2011, in connection with negotiations that led to Ageias agreement to serve as the
management company for Pinnacles future senior center on the Site.
12.
In 2013, before ground was broken, Pinnacle lost its opportunity to develop the Site.
13.
It is believed, and therefore averred, that Ageia provided the Pinnacle Plans to Ascent, or
Ascent otherwise obtained at least the building footprint of the Pinnacle Plans from Pinnacles
site plan for the Site.
14.
Defendants prepared architectural plans for the Site on behalf of another developer.
Those plans share the same total concept and feel with the Pinnacle Plans, and are substantially
similar to and clearly derived from the Pinnacle Plans.
15.
Attached as Exhibit B are some of the infringing plans of defendants, including the
building footprint, elevations, and three dimensional rendering.
16.
Pinnacle has identified an alternate site in Sisters where it intends to use its Pinnacle
Plans, but if Ascents infringing plans are used at the Site, Pinnacles design value will be
diminished by virtue of a substantially similar center in the same community developed by
a different developer.

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17.
Pinnacle sent a cease and desist letter to defendants, defendants acknowledged receipt of
the letter and refused to comply.
18.
Defendants conduct constitutes infringement in violation of the Copyright Act,
17 U.S.C. 501.
19.
As a result of defendants violations of the Copyright Act, plaintiff is entitled to the
following:
A.

Actual damages of no less than $700,000, in accordance with 17 U.S.C. 504;

B.

Profits earned by defendants from the infringing work, in an amount to be proved

at trial, in accordance with 17 U.S.C. 504; and


C.

Preliminary and permanent injunctive relief requiring defendants to recover all

versions of the infringing work and cease using it, in accordance with 17 U.S.C. 502.
WHEREFORE, plaintiff prays for judgment in its favor, an award of damages and
injunctive relief, along with any relief that is just and equitable.
DATED this 18th day of March, 2015.
MARKOWITZ HERBOLD PC
By:

ADOL\440494_2

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/s/ Jeffrey M. Edelson


Jeffrey M. Edelson
OSB #880407
(503) 295-3085
Of Attorneys for Plaintiff