Case 3:12-cv-01024-CCC Document 1

Filed 01/16/12 Page 1 of 6

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO ANA DELGADO RAMOS Plaintiff vs. COPYRIGHT INFRINGEMENT OMNI BOOK PUBLISHING, INC., CHRISTINA COIROLO, JOHN DOE JURY TRIAL DEMANDED Defendants CIVIL NO.:

COMPLAINT TO THE HONORABLE COURT: COMES NOW PLAINTIFF, Ana Delgado Ramos, through the undersigned attorney, and very respectfully, alleges and prays as follows: I. NATURE OF THE ACTIONS, JURISDICTION AND VENUE 1.1 This is an action for copyright infringement under the U.S. Copyright Act, for damages under U.S. Copyright Law, and injunctive relief. This court has jurisdiction over this action under 28 U.S.C. secs. 1331 (federal question) and 1338 (copyright claims). Venue is proper in this district under 28 U.S.C. 1391 and 1400(a). II. PARTIES 2.1 Plaintiff Ana Delgado is a citizen of the United States, of legal age, single, writer and a resident of San Juan, Puerto Rico. 2.2 Codefendant Omni Book Publishing, Inc., upon information and belief, is a Michigan corporation or partnership which operates in the United States, engaged in the business of editing and publishing literary works.

Case 3:12-cv-01024-CCC Document 1
Ana Delgado v. Omni Book Publishing Complaint Page 2 of 6

Filed 01/16/12 Page 2 of 6

2.3 Codefendant Christina Coirolo, upon information and belief, is of legal age, single, owner and/or principal officer of Omni Book Publishing, Inc., and resident of Uruguay. 2.4 John Doe and Unknown Defendants are any unknown person or legal entity whom may also be liable to plaintiff in this case. III. FACTS 3.1 Plaintiff incorporates by reference each and every of the preceding allegations. 3.2 Plaintiff Ana Delgado is the owner of the copyrights to the literary work “Terremoto, Mi historia” registered in the Copyright Office under TX 7-444-423. 3.3 The aforementioned literary work contains material wholly original and is copyrightable subject matter under the laws of the United States. 3.4 On or around October, 2010, Plaintiff paid the Defendant the amount of $3,355.00’, to edit and publish 1,000 copies of her novel, “Terremoto, Mi historia”. 3.5 By December 2010, Defendants never provided the copies requested. Moreover, defendants have maintained full control and custody of all published copies of the aforementioned literary work. 3.6 Plaintiff has requested from Defendants, on numerous occasions, all printed copies of the literary work, and all the information regarding the printing, distribution, sale and whereabouts of the published copies of her novel. In spite of Plaintiff’s efforts, defendants have refused to comply with Plaintiff’s numerous requests in connection therewith.

Case 3:12-cv-01024-CCC Document 1
Ana Delgado v. Omni Book Publishing Complaint Page 3 of 6

Filed 01/16/12 Page 3 of 6

3.7 Upon information and belief, co-defendant Omni Book Publishing, Inc., does not appear as a registered corporation in the State of Michigan. Co-defendant Christina Coirolo has acted as alter ego of Omni Book Publishing, Inc., and viceversa. 3.8 Plaintiff has been and still is the proprietor of the statutory copyrights in the aforementioned literary work and duly possessed all rights, title and interests therein. 3.9 Plaintiff has never granted Defendants a license for the reproduction and distribution of the aforementioned literary work. 3.10 Defendants’ infringing acts were and are committed willfully. 3.11 The literary work is still being sold today by Defendants. 3.12 Defendants have not paid any royalties due to Plaintiff from their use of Plaintiff’s literary work. IV. FIRST CAUSE OF ACTION COPYRIGHT INFRINGEMENT (17 U.S.C. 106) 4.1 All preceding allegations are incorporated and re-alleged herein. 4.2 Defendants, through the sale, reproduction and distribution of the literary work “Terremoto, Mi historia” have infringed plaintiff’s exclusive rights to the reproduction and distribution of said literary work. 4.3 Defendants are responsible to Plaintiff as the owner of the copyright to the aforementioned literary work for actual or statutory damages in the sale, reproduction and distribution of “Terremoto, mi historia”. 4.4 Defendants have directly or indirectly caused the aforementioned infringement through the reproduction, distribution, sale of the aforementioned novel.

Case 3:12-cv-01024-CCC Document 1
Ana Delgado v. Omni Book Publishing Complaint Page 4 of 6

Filed 01/16/12 Page 4 of 6

4.5 Defendants are responsible vicariously, contributorily, directly or indirectly, for the unlawful acts derived from the copyright infringement. 4.6 Defendants were able to accomplish these infringements by, among other things, entering into agreements with third parties or through subsidiaries, affiliates or divisions done in prejudice of the plaintiff and which have the effect of harming the plaintiff, by inter alia, directly or indirectly causing, allowing, consenting to, and permitting the reproduction, distribution, manufacturing and sale of the infringing literary work mentioned above. But for defendants’ actions and omissions, this tort would not have been committed. 4.7 Plaintiff demands payment of actual or statutory damages under U.S. Copyright law. V. THIRD CAUSE OF ACTION COPYRIGHT INFRINGEMENT FOR INTERNATIONAL VIOLATIONS 5.1 All preceding allegations are incorporated and re-alleged herein. 5.2 The United States has entered into international copyright relations with various countries of the world, including through the Universal Copyright Convention. 5.3 Upon information and belief, from time to time subsequent to their publication, Plaintiff’s literary work were sold by defendants, subsidiaries, affiliates licensees or agents in various territories of the world outside the United States, including countries in South and Central America, Europe and the Caribbean, in direct violation of plaintiff’s international copyrights.

Case 3:12-cv-01024-CCC Document 1
Ana Delgado v. Omni Book Publishing Complaint Page 5 of 6

Filed 01/16/12 Page 5 of 6

5.4 Defendants have not paid royalties to Plaintiff on the worldwide sale of the infringed literary work. 5.5 Defendants are responsible vicariously, contributorily, directly or indirectly, for the unlawful acts derived from the copyright infringement. 5.6 Plaintiff, as the owner of the copyright is entitled to those royalties. VI. INJUNCTION AND SEIZURE 6.1 All preceding allegations are incorporated and re-alleged herein. 6.2 Infringing copies are liable to seizure under the United States Copyright Act and the Universal Copyright Convention in all signatory countries where the work is being sold. VII. JURY DEMAND 7.1 Plaintiff demands trial by jury. VIII. PRAYER FOR RELIEF WHEREFORE, Plaintiff Ana Delgado respectfully demands that the Court enter judgment and hold: A. Omni Book Publishing, Inc., and Christina Coirolo, liable for copyright infringement and order the payment of statutory damages contemplated by the 1976 U.S. Copyright Act for willful and intentional infringement. B. Omni Book Publishing, Inc., and Christina Coirolo liable for royalties payable for worldwide sales of the literary work “Terremoto, Mi historia”. D. Grant an injunction in the United States ordering the seizure of all worldwide copies of the novel “Terremoto, Mi historia”.

Case 3:12-cv-01024-CCC Document 1
Ana Delgado v. Omni Book Publishing Complaint Page 6 of 6

Filed 01/16/12 Page 6 of 6

E. That defendants Omni Book Publishing, Inc., and Christina Coirolo, are liable for costs, interest and attorneys fees. Respectfully Submitted. In San Juan, Puerto Rico, this 16th day of January, 2012.

ARVELO & VÁZQUEZ, P.S.C. PO Box 9024025 San Juan, Puerto Rico 00902-4025 Tel. (787) 721-7255 /Fax (787) 722-7255 s/ Pedro E. Vázquez Meléndez PEDRO E. VÁZQUEZ MELÉNDEZ USDC-PR. 221712

Sign up to vote on this title
UsefulNot useful