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Case 6:16-cv-01368-MC

Document 1

Filed 07/05/16

Page 1 of 23

Jacob S. Gill, OSB No. 033238


Email: jgill@stollberne.com
STOLL STOLL BERNE LOKTING & SHLACHTER P.C.
209 S.W. Oak Street, Suite 500
Portland, Oregon 97204
Telephone: (503) 227-1600
Facsimile:
(503) 227-6840
Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF OREGON
EUGENE DIVISION
RANITA CORPORATION, an Oregon
corporation dba SURE-FIT DESIGNS,
Plaintiff,

Case No. 


COMPLAINT FOR
COPYRIGHT INFRINGEMENT

v.
OTICCA BEAMER, an individual; FIT &
FASHION LLC, a Georgia limited
liability company; and BEAMER &
ASSOCIATES LLC, an Illinois limited
liability company dba FIT & FASHION,

DEMAND FOR JURY TRIAL

Defendants.

Plaintiff Ranita Corporation, for its Complaint against Oticca Beamer, Fit & Fashion
LLC, and Beamer & Associates LLC, states and alleges as follows:
NATURE OF THIS ACTION
1.

This is an action for copyright infringement under the Copyright Act, 17 U.S.C.

101, et seq.
Page 1 - COMPLAINT FOR COPYRIGHT INFRINGEMENT
STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

Document 1

Filed 07/05/16

Page 2 of 23

PARTIES
2.

Plaintiff Ranita Corporation is an Oregon corporation doing business as Sure-Fit

Designs ("Sure-Fit" or "Plaintiff"). Sure-Fit's principal place of business is in Eugene, Oregon.


3.

Defendant Fit & Fashion LLC ("FAF") is a Georgia limited liability company having

its principal place of business in McDonough, Georgia.


4.

Defendant Beamer & Associates LLC is an Illinois limited liability company doing

business as Fit & Fashion ("BAA"). BAA's principal place of business is in McDonough,
Georgia.
5.

Defendant Oticca Beamer, an individual residing in the state of Georgia, is the owner

and public face of both FAF and BAA.


JURISDICTION AND VENUE
6.

This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331 and 1338(a).

7.

This Court has personal jurisdiction over Defendants because (a) Defendants have

substantial contacts in the State of Oregon related to the claims in this action, (b) Defendants
engaged in the wrongful acts alleged herein in the State of Oregon, and/or (c) Defendants
purposely directed their wrongful conduct at Plaintiff in the State of Oregon, knowing that the
resulting harm likely would be suffered by Plaintiff in the State of Oregon. Among other things,
Defendants sell infringing products to Oregon citizens and ship infringing products directly to
customers in Oregon in violation of Plaintiff's rights under the Copyright Act.
8.

Venue in this judicial district is proper under 28 U.S.C. 1391(b) and (c). In

accordance with LR 3-2, divisional venue lies with the Eugene Division, because a substantial
part of the events giving rise to Plaintiff's claims occurred in Lane County, Oregon.

Page 2 - COMPLAINT FOR COPYRIGHT INFRINGEMENT


STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

Document 1

Filed 07/05/16

Page 3 of 23

FACTS
9.

Established in 1982 in Eugene Oregon, Sure-Fit drafted the sewing patterns

known as the Sure-Fit Designs Master Patterns and is the owner of the original specialized
sewing patterns and sewing instructional materials and services. Sure-Fit markets, offers, sells,
and delivers its products and services through various channels, including through its website,
SUREFITDESIGNS.COM

10.

(the "Sure-Fit Website").

Defendants operate a business based on the production and sale of unauthorized

copies of Sure-Fit's original sewing patterns and sewing instructional materials and services.
Defendants make, market, offer, and sell these unauthorized copies through various channels,
including through their website, FIT-FASHION.COM ("Defendants' Website"), in knowing and
willful violation of Sure-Fit's intellectual property rights.
Sure-Fit's Registered Copyrights
11.

Sure-Fit is the owner of U.S. Copyright Registration No. TX0001808433 for the

original work entitled "Dress Kit" (the "Dress Kit Copyright"), a copy of which is attached
hereto as Exhibit A. The Dress Kit includes, among other things, (i) a Skirt Front Master
Pattern; (ii) a Skirt Back Master Pattern; (iii) a Bodice Front Master Pattern; (iv) a Bodice Back
Master Pattern; (v) a Dress Kit Instruction Book; and (vi) a Dress Fitting Minor Tune-Ups
instructional pamphlet.
12.

Sure-Fit markets, offers, sells, and delivers the Sure-Fit Dress Kit and related

products and services to customers and potential customers located throughout the United States
and the world.
13.

Sure-Fit is the owner of U.S. Copyright Registration No. TX0001396821, for the

original work entitled "Children's Kit" (the "Children's Kit Copyright"), a copy of which is
Page 3 - COMPLAINT FOR COPYRIGHT INFRINGEMENT
STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

Document 1

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Page 4 of 23

attached hereto as Exhibit B. The Children's Kit includes, among other things, (i) a Skirt
Front/Back Master Pattern; (ii) a Shirt/Blouse Front Master Pattern; (iii) a Shirt/Blouse Back
Master Pattern; (iv) a Sleeve Master Pattern; (iv) a Cuff Master Pattern; (v) a Square / Rounded
Collar Master Pattern; (vi) a Lapel Collar Master Pattern; (vii) a Mandarin / Stand-Up Collar
Master Pattern; (viii) a Pant Front Master Pattern; (ix) a Pant Back Master Pattern; (x) a
Waistband Master Pattern; (xi) a Fly Front Extension Master Pattern; (xii) a Zipper Guard
Master Pattern; (xiii) a Pocket Shapes Master Pattern; (xiv) a Pocket Flap Master Pattern; (xv) a
Side / In-Seam Pocket Master Pattern; (xvi) a Bib Shapes Master Pattern; and (xvii) a Children's
Kit Instruction Book.
14.

Sure-Fit markets, offers, sells, and delivers the Sure-Fit Children's Kit and related

products and services to customers and potential customers located throughout the United States
and the world.
15.

Sure-Fit is the owner of U.S. Copyright Registration No. TX0001808435, for the

original work entitled "Pants Kit" (the "Pants Kit Copyright"), a copy of which is attached hereto
as Exhibit C. The Pants Kit includes, among other things, (i) a Basic Slim-Leg Pant Front
Master Pattern; (ii) a Basic Slim-Leg Pant Back Master Pattern; (iii) a Waistband Master Pattern;
(iv) a Fly Front Extension Master Pattern; (v) a Zipper Guard Master Pattern; (vi) an Inseam
Pocket Master Pattern; and (vii) a Pants Kit Instruction Book.
16.

Sure-Fit markets, offers, sells, and delivers the Sure-Fit Pants Kit and related products

and services to customers and potential customers located throughout the United States and the
world.
17.

Sure-Fit is the owner of U.S. Copyright Registration No. TX0001808434, for the

original work entitled "Shirt Kit" (the "Shirt Kit Copyright"), a copy of which is attached hereto
Page 4 - COMPLAINT FOR COPYRIGHT INFRINGEMENT
STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

Document 1

Filed 07/05/16

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as Exhibit D. The Shirt Kit includes, among other things, (i) a Shirt Front Master Pattern; (ii) a
Shirt Back Master Pattern; (iii) a Shirt Sleeve Master Pattern; (iv) a Cuff Master Pattern; (v) a
Collar Stand Master Pattern; (vi) a Collar Short Point Master Pattern; (vii) a Pocket Flap
Master Pattern; and (viii) a Shirt Kit Instruction Book.
18.

Sure-Fit markets, offers, sells, and delivers the Sure-Fit Shirt Kit and related products

and services to customers and potential customers located throughout the United States and the
world.
Defendants' Infringement of Sure-Fit's Dress Kit Copyright
19.

Defendants have been in possession of Sure-Fit's Dress Kit for at least 10 years.

20.

Defendants have copied and/or created derivative works from Sure-Fit's Dress Kit

and/or protected elements thereof.


21.

For example, Defendants make, market, offer, and sell a "Dress Template Package",

which includes, among other things, the following patterns: Skirt Front, Skirt Back, Bodice
Front, and Bodice Back, all for use with an included Sizing Template.
(a)

Defendants' Skirt Front pattern is substantially similar to the Sure-Fit Skirt


Front Master Pattern protected by the Sure-Fit Dress Kit Copyright;

(b)

Defendants' Skirt Back pattern is substantially similar to the Sure-Fit Skirt Back
Master Pattern protected by the Sure-Fit Dress Kit Copyright;

(c)

Defendants' Bodice Front pattern is substantially similar to the Sure-Fit Bodice


Front Master Pattern protected by the Sure-Fit Dress Kit Copyright; and

(d)

Defendants' Bodice Back pattern is substantially similar to the Sure-Fit Bodice


Back Master Pattern protected by the Sure-Fit Dress Kit Copyright.

Page 5 - COMPLAINT FOR COPYRIGHT INFRINGEMENT


STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

22.

Document 1

Filed 07/05/16

Page 6 of 23

Defendants' Dress Template Package also includes, among other things, a document

entitled "Dress Fitting Tune-Ups", which is substantially similar to the Sure-Fit Dress Fitting
Minor Tune-Ups instructional pamphlet protected by the Sure-Fit Dress Kit Copyright,
including, for example, the images below:

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Page 6 - COMPLAINT FOR COPYRIGHT INFRINGEMENT


STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

Document 1

Filed 07/05/16

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Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Page 7 - COMPLAINT FOR COPYRIGHT INFRINGEMENT


STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

Document 1

Filed 07/05/16

Page 8 of 23

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Page 8 - COMPLAINT FOR COPYRIGHT INFRINGEMENT


STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

23.

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Filed 07/05/16

Page 9 of 23

Defendant Oticca Beamer has, and at all material times had, knowledge of the

infringing conduct of FAF and BAA with respect to the Sure-Fit Dress Kit and the Sure-Fit
Dress Kit Copyright.
24.

Defendant Oticca Beamer does, and at all material times did, induce, cause, and/or

materially contribute to the infringing conduct of FAF and BAA with respect to the Sure-Fit
Dress Kit and the Sure-Fit Dress Kit Copyright.
25.

Defendant Oticca Beamer has, and at all material times had, the right and ability to

supervise the infringing conduct of FAF and BAA with respect to the Sure-Fit Dress Kit and the
Sure-Fit Dress Kit Copyright.
26.

Defendant Oticca Beamer has, and at all material times had, a direct financial interest

in the infringing conduct of FAF and BAA with respect to the Sure-Fit Dress Kit and the SureFit Dress Kit Copyright.
27.

Defendants undertook all of the aforementioned conduct without the consent or

authorization of Sure-Fit and in knowing and willful violation of Sure-Fit's intellectual property
rights.
Defendants' Infringement of Sure-Fit's Children's Kit Copyright
28.

Defendants have been in possession of Sure-Fit's Children's Kit for at least 10 years.

29.

Defendants have copied and/or created derivative works from Sure-Fit's Children's

Kit and/or protected elements thereof.


30.

For example, Defendants make, market, offer, and sell a "Children's Template

Package", which includes, among other things, the following patterns: Girls Skirt Front & Back,
Shirt/Top Front; Shirt/Top Back, Sleeve, Cuff, Square Collar, Rounded Collar, Lapel Collar,
Mandarin/Band Collar, Pant Front, Pant Back, Fly Front Extension, Zipper Guard, Pointed
Page 9 - COMPLAINT FOR COPYRIGHT INFRINGEMENT
STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

Document 1

Filed 07/05/16

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Pocket, Square Pocket, Pointed Pocket Flap, Square Pocket Flap, Curved Pocket Flap, Rounded
Bib, Angled Bib, and Curved Bib, all for use with an included Sizing Template.
(a)

Defendants' Girls Skirt Front & Back pattern is substantially similar to the
Sure-Fit Skirt Front/Back Master Pattern protected by the Sure-Fit Children's
Kit Copyright;

(b)

Defendants' Shirt/Top Front pattern is substantially similar to the Sure-Fit


Shirt/Blouse Front Master Pattern protected by the Sure-Fit Children's Kit
Copyright;

(c)

Defendants' Shirt/Top Back pattern is substantially similar to the Sure-Fit


Shirt/Blouse Back Master Pattern protected by the Sure-Fit Children's Kit
Copyright;

(d)

Defendants' Sleeve pattern is substantially similar to the Sure-Fit Sleeve


Master Pattern protected by the Sure-Fit Children's Kit Copyright;

(e)

Defendants' Cuff pattern is substantially similar to the Sure-Fit Cuff Master


Pattern protected by the Sure-Fit Children's Kit Copyright;

(f)

Defendants' Square Collar and Rounded Collar patterns are substantially


similar to the Sure-Fit Square/Rounded Collar Master Pattern protected by the
Sure-Fit Children's Kit Copyright;

(g)

Defendants' Lapel Collar pattern is substantially similar to the Sure-Fit Lapel


Collar Master Pattern protected by the Sure-Fit Children's Kit Copyright;

(h)

Defendants' Mandarin/Band Collar pattern is substantially similar to the SureFit Mandarin/Stand-Up Master Pattern protected by the Sure-Fit Children's Kit
Copyright,

Page 10 - COMPLAINT FOR COPYRIGHT INFRINGEMENT


STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

(i)

Document 1

Filed 07/05/16

Page 11 of 23

Defendants' Pant Front pattern is substantially similar to the Sure-Fit Pant


Front Master Pattern protected by the Sure-Fit Children's Kit Copyright;

(j)

Defendants' Pant Back pattern is substantially similar to the Sure-Fit Pant Front
Master Pattern protected by the Sure-Fit Children's Kit Copyright;

(k)

Defendants' Fly Front Extension pattern is substantially similar to the Sure-Fit


Fly Front Extension Master Pattern protected by the Sure-Fit Children's Kit
Copyright;

(l)

Defendants' Zipper Guard pattern is substantially similar to the Sure-Fit Zipper


Guard Master Pattern protected by the Sure-Fit Children's Kit Copyright;

(m)

Defendants' Pointed Pocket and Square Pocket patterns are substantially


similar to the Sure-Fit Pocket Shapes Master Pattern protected by the Sure-Fit
Children's Kit Copyright;

(n)

Defendants' Pointed Pocket Flap, Square Pocket Flap, and Curved Pocket Flap
patterns are substantially similar to the Sure-Fit Pocket Flap Master Pattern
protected by the Sure-Fit Children's Kit Copyright; and

(o)

Defendants' Rounded Bib, Angled Bib, and Curved Bib patterns are
substantially similar to the Sure-Fit Bib Shapes Master Pattern protected by the
Sure-Fit Children's Kit Copyright.

31.

Defendants' Children's Template Package also includes, among other things, a

document entitled "Children's Template Instructional Booklet", elements of which are


substantially similar to elements of the Sure-Fit Children's Kit Instruction Book protected by the
Sure-Fit Children's Kit Copyright, including, for example, the images below:

Page 11 - COMPLAINT FOR COPYRIGHT INFRINGEMENT


STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

Document 1

Filed 07/05/16

Page 12 of 23

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Page 12 - COMPLAINT FOR COPYRIGHT INFRINGEMENT


STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

Document 1

Filed 07/05/16

Page 13 of 23

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Page 13 - COMPLAINT FOR COPYRIGHT INFRINGEMENT


STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

Document 1

Filed 07/05/16

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Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Page 14 - COMPLAINT FOR COPYRIGHT INFRINGEMENT


STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

32.

Document 1

Filed 07/05/16

Page 15 of 23

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Sure-Fit's Original Illustration

Defendants' Infringing Copy

Defendant Oticca Beamer has, and at all material times had, knowledge of the

infringing conduct of FAF and BAA with respect to the Sure-Fit Children's Kit and the Sure-Fit
Children's Kit Copyright.
33.

Defendant Oticca Beamer does, and at all material times did, induce, cause, and/or

materially contribute to the infringing conduct of FAF and BAA with respect to the Sure-Fit
Children's Kit and the Sure-Fit Children's Kit Copyright.
34.

Defendant Oticca Beamer has, and at all material times had, the right and ability to

supervise the infringing conduct of FAF and BAA with respect to the Sure-Fit Children's Kit and
the Sure-Fit Children's Kit Copyright.
35.

Defendant Oticca Beamer has, and at all material times had, a direct financial interest

in the infringing conduct of FAF and BAA with respect to the Sure-Fit Children's Kit and the
Sure-Fit Children's Kit Copyright.
Page 15 - COMPLAINT FOR COPYRIGHT INFRINGEMENT
STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

36.

Document 1

Filed 07/05/16

Page 16 of 23

Defendants undertook all of the aforementioned conduct without the consent or

authorization of Sure-Fit and in knowing and willful violation of Sure-Fit's intellectual property
rights.
Defendants' Infringement of Sure-Fit's Pants Kit Copyright
37.

Defendants have been in possession of Sure-Fit's Pants Kit for at least 10 years.

38.

Defendants have copied and/or created derivative works from Sure-Fit's Pants Kit

and/or protected elements thereof.


39.

For example, Defendants make, market, offer, and sell a "Ladies Pant Template

Package", which includes, among other things, the following patterns: Pant Front, Pant Back,
Waistband, Fly Front Extension, Zipper Guard, and Side Seam Pocket, all for use with an
included Sizing Template.
(a)

Defendants' Pant Front pattern is substantially similar to the Sure-Fit Pant Front
Master Pattern protected by the Sure-Fit Pants Kit Copyright;

(b)

Defendants' Pant Back pattern is substantially similar to the Sure-Fit Pant Back
Master Pattern protected by the Sure-Fit Pants Kit Copyright;

(c)

Defendants' Fly Front Extension pattern is substantially similar to the Sure-Fit


Fly Front Extension Master Pattern protected by the Sure-Fit Pants Kit
Copyright;

(d)

Defendants' Zipper Guard pattern is substantially similar to the Sure-Fit Zipper


Guard Master Pattern protected by the Sure-Fit Pants Kit Copyright; and

(e)

Defendants' Side Seam Pocket pattern is substantially similar to the Sure-Fit


Zipper Guard Master Pattern protected by the Sure-Fit Pants Kit Copyright.

Page 16 - COMPLAINT FOR COPYRIGHT INFRINGEMENT


STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

40.

Document 1

Filed 07/05/16

Page 17 of 23

Defendants' Ladies Pant Template Package also includes, among other things, a

document entitled "Ladies Pant Template Instructional Booklet", elements of which are
substantially similar to elements of the Sure-Fit Pants Kit Instruction Book protected by the
Sure-Fit Pants Kit Copyright.
41.

Defendant Oticca Beamer has, and at all material times had, knowledge of the

infringing conduct of FAF and BAA with respect to the Sure-Fit Pants Kit and the Sure-Fit Pants
Kit Copyright.
42.

Defendant Oticca Beamer does, and at all material times did, induce, cause, and/or

materially contribute to the infringing conduct of FAF and BAA with respect to the Sure-Fit
Pants Kit and the Sure-Fit Pants Kit Copyright.
43.

Defendant Oticca Beamer has, and at all material times had, the right and ability to

supervise the infringing conduct of FAF and BAA with respect to the Sure-Fit Pants Kit and the
Sure-Fit Pants Kit Copyright.
44.

Defendant Oticca Beamer has, and at all material times had, a direct financial interest

in the infringing conduct of FAF and BAA with respect to the Sure-Fit Pants Kit and the Sure-Fit
Pants Kit Copyright.
45.

Defendants undertook all of the aforementioned conduct without the consent or

authorization of Sure-Fit and in knowing and willful violation of Sure-Fit's intellectual property
rights.
Defendants' Infringement of Sure-Fit's Shirt Kit Copyright
46.

Defendants have been in possession of Sure-Fit's Shirt Kit for at least 10 years.

47.

Defendants have copied and/or created derivative works from Sure-Fit's Shirt Kit

and/or protected elements thereof.


Page 17 - COMPLAINT FOR COPYRIGHT INFRINGEMENT
STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

48.

Document 1

Filed 07/05/16

Page 18 of 23

For example, Defendants make, market, offer, and sell a "Ladies Shirt Template

Package", which includes, among other things, the following patterns: Ladies Shirt Front, Ladies
Shirt Back, Ladies Shirt Long Sleeve, Cuff, Collar Stand, Collar, Pocket Flap (Rounded), Pocket
Flap (Square), Pocket Flap (Pointed), and Pocket Flap (Western), all for use with an included
Sizing Template.
(a)

Defendants' Ladies Shirt Front pattern is substantially similar to the Sure-Fit


Shirt Front Master Pattern protected by the Sure-Fit Shirt Kit Copyright;

(b)

Defendants' Ladies Shirt Back pattern is substantially similar to the Sure-Fit


Shirt Back Master Pattern protected by the Sure-Fit Shirt Kit Copyright;

(c)

Defendants' Ladies Shirt Long Sleeve pattern is substantially similar to the


Sure-Fit Shirt Sleeve Master Pattern protected by the Sure-Fit Shirt Kit
Copyright;

(d)

Defendants' Cuff pattern is substantially similar to the Sure-Fit Cuff Master


Pattern protected by the Sure-Fit Shirt Kit Copyright;

(e)

Defendants' Collar Stand pattern is substantially similar to the Sure-Fit Collar


Stand Master Pattern protected by the Sure-Fit Shirt Kit Copyright;

(f)

Defendants' Collar pattern is substantially similar to the Sure-Fit Collar Short


Point Master Pattern protected by the Sure-Fit Shirt Kit Copyright; and

(g)

Defendants' Pocket Flap (Rounded), Pocket Flap (Square), Pocket Flap


(Pointed), and Pocket Flap (Western) patterns are substantially similar to the
Sure-Fit Pocket Flap Master Pattern protected by the Sure-Fit Shirt Kit
Copyright.

Page 18 - COMPLAINT FOR COPYRIGHT INFRINGEMENT


STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

49.

Document 1

Filed 07/05/16

Page 19 of 23

Defendants' Ladies Shirt Template Package also includes, among other things, a

document entitled "Ladies Shirt Template Instructional Booklet", elements of which are
substantially similar to elements of the Sure-Fit Shirt Kit Instruction Book protected by the SureFit Shirt Kit Copyright.
50.

Defendant Oticca Beamer has, and at all material times had, knowledge of the

infringing conduct of FAF and BAA with respect to the Sure-Fit Shirt Kit and the Sure-Fit Shirt
Kit Copyright.
51.

Defendant Oticca Beamer does, and at all material times did, induce, cause, and/or

materially contribute to the infringing conduct of FAF and BAA with respect to the Sure-Fit
Shirt Kit and the Sure-Fit Shirt Kit Copyright.
52.

Defendant Oticca Beamer has, and at all material times had, the right and ability to

supervise the infringing conduct of FAF and BAA with respect to the Sure-Fit Shirt Kit and the
Sure-Fit Shirt Kit Copyright.
53.

Defendant Oticca Beamer has, and at all material times had, a direct financial interest

in the infringing conduct of FAF and BAA with respect to the Sure-Fit Shirt Kit and the Sure-Fit
Shirt Kit Copyright.
54.

Defendants undertook all of the aforementioned conduct without the consent or

authorization of Sure-Fit and in knowing and willful violation of Sure-Fit's intellectual property
rights.
PLAINTIFF'S FIRST CLAIM
(Copyright InfringementAgainst all Defendants)
55.

Plaintiff repeats and realleges each of the allegations contained in paragraphs 1

through 54 of this Complaint as if fully set forth herein.


Page 19 - COMPLAINT FOR COPYRIGHT INFRINGEMENT
STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
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TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

56.

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Filed 07/05/16

Page 20 of 23

Plaintiff owns the Dress Kit Copyright, the Children's Kit Copyright, the Pants Kit

Copyright, and the Shirt Kit Copyright (collectively, the "Subject Copyrights").
57.

Defendants had access to Plaintiff's Dress Kit, Children's Kit, Pants Kit, and Shirt Kit.

58.

Defendants have infringed Plaintiff's copyrights by reproducing and preparing

derivative works based upon Plaintiff's Dress Kit, Children's Kit, Pants Kit, and Shirt Kit
(collectively, the "Subject Works"), and by making, selling, offering to sell, and distributing
infringing products throughout the United States, including in Oregon.
59.

Defendants have acted, and are acting, without the permission, license, consent, or

authorization of Plaintiff.
60.

Defendants' acts of copyright infringement have caused and are causing Plaintiff

substantial damages in an amount to be established at trial. Accordingly, pursuant to 17 U.S.C.


504(b), Plaintiff is entitled to an award of its actual damages as well as disgorgement of
Defendants' profits directly and indirectly attributable to Defendant's infringement.
61.

In the alternative, Plaintiff is entitled to an award of statutory damages of up to

$30,000 per act of infringement pursuant to 17 U.S.C. 504(c)(1).


62.

Defendants' acts of copyright infringement have been and are being committed with

actual knowledge of Plaintiff's rights in and to the Subject Works and the Subject Copyrights,
and are willful and in gross disregard of Plaintiff's rights. Accordingly, Plaintiff is entitled to an
award of enhanced damages of up to $150,000 per act of infringement pursuant to 17 U.S.C.
504(c)(2).
63.

Defendants' acts of copyright infringement have caused and are causing substantial

and irreparable harm to Plaintiff and Plaintiff's rights in and to the Subject Works and the
Subject Copyrights, and, unless restrained, Defendants' infringement will cause further
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STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

Document 1

Filed 07/05/16

Page 21 of 23

irreparable injury, leaving Plaintiff with no adequate remedy at law. Accordingly, pursuant to 17
U.S.C. 502, Plaintiff is entitled to injunctive relief against Defendants, and anyone associated
with Defendants, to restrain further acts of infringement.
PLAINTIFF'S SECOND CLAIM
(Vicarious Copyright InfringementAgainst Defendant Oticca Beamer)
64.

Plaintiff repeats and realleges each of the allegations contained in paragraphs 1

through 63 of this Complaint as if fully set forth herein.


65.

Defendant Oticca Beamer has, and at all material times had, the right and ability to

supervise the infringing conduct of the other Defendants with respect to the Subject Works and
the Subject Copyrights.
66.

Defendant Oticca Beamer has, and at all material times had, a direct financial interest

in the other Defendants' infringement of Plaintiff's rights in and to the Subject Works and the
Subject Copyrights.
67.

Accordingly, Defendant Oticca Beamer is jointly and severally liable for the other

Defendants' infringement of Plaintiff's rights in and to the Subject Works and the Subject
Copyrights.
PLAINTIFF'S THIRD CLAIM
(Contributory Copyright InfringementAgainst Defendant Oticca Beamer)
68.

Plaintiff repeats and realleges each of the allegations contained in paragraphs 1

through 67 of this Complaint as if fully set forth herein.


69.

Defendant Oticca Beamer has, and at all material times had, knowledge of the other

Defendants' infringing conduct with respect to the Subject Works and the Subject Copyrights.

Page 21 - COMPLAINT FOR COPYRIGHT INFRINGEMENT


STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

70.

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Defendant Oticca Beamer does, and at all material times did, induce, cause, and/or

materially contribute to the other Defendants' infringement of Plaintiff's rights in and to the
Subject Works and the Subject Copyrights.
71.

Accordingly, Defendant Oticca Beamer is jointly and severally liable for the other

Defendants' infringement of Plaintiff's rights in and to the Subject Works and the Subject
Copyrights.
PRAYER
WHEREFORE, Plaintiff prays for the following relief:
A.

That Defendants, and their respective employees, agents, officers, directors,

managers, attorneys, representatives, affiliates, subsidiaries, successors and assigns, and all those
in concert or participation with any of them, be permanently enjoined from (1) reproducing or
preparing derivative works based upon any of the Subject Works or any protected element
thereof; (2) selling, offering to sell, distributing, or using any item comprising or containing any
reproduction of the any of the Subject Works or any protected element thereof; and (3) using,
selling, offering to sell, distributing, or using any item comprising or containing any derivative
work based upon any of the Subject Works or any protected element thereof.
B.

That Plaintiff be awarded damages in an amount to be proven at trial, including

Plaintiff's actual damages and Defendants' profits directly or indirectly attributable to


Defendants' infringement pursuant to 17 U.S.C. 504(b);
C.

In the alternative, that Plaintiff be awarded statutory damages in the amount of at

least $600,000 for Defendants' willful infringement pursuant to 17 U.S.C. 504(c);


D.

That Plaintiff be awarded its costs and reasonable attorney's fees pursuant to 17

U.S.C. 505;
Page 22 - COMPLAINT FOR COPYRIGHT INFRINGEMENT
STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840

Case 6:16-cv-01368-MC

E.

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That Defendants be ordered (1) to destroy all materials made or used by them in

violation of Plaintiff's rights, including all electronic files or other articles by means of which
such materials may be reproduced, and (2) to provide an accounting of such destruction in a form
and manner that is acceptable to Plaintiff and the Court;
F.

That Defendants be ordered to undertake corrective advertising in a form, manner,

and frequency that is acceptable to Plaintiff and the Court; and


G.

That Plaintiff be awarded such further legal and equitable relief as the Court may

deem proper.
JURY DEMAND
Pursuant to Federal Rules of Civil Procedure 38(b), Plaintiff hereby demands a trial by
jury as to all issues so triable in this action.
DATED this 5th day of July, 2016.
STOLL STOLL BERNE LOKTING & SHLACHTER P.C.

By: s/ Jacob S. Gill


Jacob S. Gill, OSB No. 033238
209 SW Oak Street, Suite 500
Portland, OR 97204
Telephone: (503) 227-1600
Facsimile:
(503) 227-6840
Email:
jgill@stollberne.com
Attorneys for Plaintiff

Page 23 - COMPLAINT FOR COPYRIGHT INFRINGEMENT


STOLLSTOLLBERNELOKTING&SHLACHTERP.C.
209S.W.OAKSTREET,SUITE500
PORTLAND,OREGON97204
TEL.(503)2271600FAX(503)2276840