You are on page 1of 12
 
 
PLAINTIFF’S ORIGINAL COMPLAINT
Page
1
 of
12
 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS AUSTIN DIVISION DENNIS FLAHERTY, §
Plaintiff 
 § § vs. § C.A. NO.: 1:15-cv-00566 § BIG RED, INC., NORTH AMERICAN § BEVERAGES, LLC, and DOES 1-5. § DEMAND FOR JURY TRIAL
 Defendants
 § §
ORIGINAL COMPLAINT
Plaintiff Dennis Flaherty (“Plaintiff”), by and through its undersigned attorney, for its complaint against Defendants, alleges as follows:
A. PARTIES
1.
 
Plaintiff Dennis Flaherty, a natural person residing in the State of California, owns and operates a photograph business named Dennis Flaherty Photography, organized under the laws of the State of California, with its principal place of business in California, and owns intellectual property for numerous photographic images, including the image at issue in this lawsuit. 2.
 
Plaintiff operates his business to promote his creative endeavors, and Plaintiff’s livelihood is based on his ability to receive revenue as a result of his creative endeavors. Plaintiff creates unique, original, and insightful photographs. Plaintiff is award-winning, and is recognized in competitions, professional groups, and media organizations the world over. 3.
 
On information and belief, Defendant North American Beverages, LLC (“NAB”) is a Texas organized entity with a principal place of business at 6500 River Place Blvd., Austin,
Case 1:15-cv-00566-RP Document 1 Filed 06/30/15 Page 1 of 12
 
 
PLAINTIFF’S ORIGINAL COMPLAINT
Page
2
 of
12
 TX 78730. Defendant NAB may be served through its registered agent, Big Red, Inc., at 6500 River Place Blvd., Bldg. 1, Austin, TX 78730. 4.
 
On information and belief, Defendant Big Red, Inc. (“Big Red”) is a Texas organized entity with a principal place of business at 6500 River Place Blvd., Austin, TX 78730. Defendant Big Red may be served through its registered agent, James D. Bradley, at 6500 River Place Blvd., Bldg. 1, Austin, TX 78730. 5.
 
On information and belief, Defendant Big Red owns 100% of Defendant NAB.
6.
 
Plaintiff does not know the true names of Defendants Does 1 through 5, inclusive, and therefore sue them by those fictitious names. Plaintiff is informed and believes and, on the basis of that information and belief, alleges that each of those Does 1 through 5 was in some manner liable for Plaintiff’s claims and proximately caused Plaintiff’s damages complained of here.
 
7.
 
On information and belief, one or more of Does 1-5 are the agent, affiliate, officer, director, manager, principal, partner, joint venture, alter ego, hired contractor, and/or employee of Defendants NAB and Big Red. 8.
 
On information and belief, one or more Defendants are the registrants, owners, operators, and/or end users of the websites, blogs, domains, and/or social media accounts related thereto (or “Websites”), namely: https://twitter.com/drinkbigred; https://www.facebook.com/BigRed; 9.
 
On information and belief, a file, such as an image or photograph, is not copied to, reproduced, and/or displayed publicly on the Defendants Websites unless or until someone
Case 1:15-cv-00566-RP Document 1 Filed 06/30/15 Page 2 of 12
 
 
PLAINTIFF’S ORIGINAL COMPLAINT
Page
3
 of
12
 with access or control of the Websites uploads, posts, shares, “tweets”, “pins”, etc. an image thereto.
B. JURISDICTION AND VENUE
10.
 
This action arises under the Federal Copyright Act of 1976, as amended, at 17 U.S.C. § 101,
et seq.
 for direct and/or indirect copyright infringement. Plaintiff seeks damages against Defendants, jointly and severally, pursuant to the same. Jurisdiction is founded on 28 U.S.C. §§ 1331 and 1338 for claims arising under the laws of the United States, and acts of Congress relating to copyrights. 11.
 
This Court has personal jurisdiction over Defendants. On information and belief, Defendants have conducted tortious acts of infringement in the District, conducted acts directed at the District, and/or transacted or does business in the District. Defendants are “at home” within the District, as its principal place of business is within the District. 12.
 
Venue is proper in this Court Pursuant to 28 USC § 1400(a) because this is a proceeding arising under an Act of Congress relating to copyrights and is instituted in the district in which one or more Defendants or its agent resides or may be found.
C. NATURE OF THE ACTION
13.
 
Plaintiff incorporates herein by this reference each and every allegation contained in each paragraph above. 14.
 
This is a civil action arising under the laws of the United States, namely under 17 USC § 501,
et seq.
 for direct and/or vicarious copyright infringement. Plaintiff seeks damages against Defendants, jointly and severally, pursuant to the same.
Case 1:15-cv-00566-RP Document 1 Filed 06/30/15 Page 3 of 12

Reward Your Curiosity

Everything you want to read.
Anytime. Anywhere. Any device.
No Commitment. Cancel anytime.
576648e32a3d8b82ca71961b7a986505