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UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ) ) ) ) ) ) ) ) ) ) ) )

GENERAL PRINTING & DESIGN, INC. d/b/a GLOBAL PRINTING & PACKAGING, Plaintiff, v. SPRINGBOARD, INC. and STUDENT MEDIA GROUP, Defendants.

CIVIL ACTION NO. 12-40030

COMPLAINT AND JURY DEMAND Plaintiff General Printing & Design, Inc. d/b/a Global Printing & Packaging (“Global Printing & Packaging”), for its Complaint for copyright infringement and unfair and deceptive trade practices against defendants Springboard, Inc. and Student Media Group (collectively, “SMG”), alleges as follows: THE PARTIES 1. Plaintiff General Printing & Design, Inc. d/b/a Global Printing & Packaging is a

corporation organized and existing under the laws of the Commonwealth of Massachusetts with its principal place of business located in Southborough, Massachusetts. 2. Upon information and belief, defendant Springboard, Inc. is a corporation

organized and existing under the laws of the State of Pennsylvania with its principal place of business located in Newark, Delaware. 3. Upon information and belief, defendant Student Media Group, a division of

Springboard, Inc., is a corporation organized and existing under the laws of the State of Pennsylvania with its principal place of business located in Newark, Delaware.

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JURISDICTION AND VENUE 4. This Court has original jurisdiction of this action pursuant to 28 U.S.C. § 1338(a),

in that this case arises under the copyright laws of the United States, 17 U.S.C. §§ 101 et seq. 5. This Court also has original jurisdiction of this action under 28 U.S.C. § 1332, in

that Global Printing & Packaging, a Massachusetts corporation with its principal place of business in the Commonwealth, is a citizen of Massachusetts, and SMG is a citizen of Delaware, and the amount in controversy in this action, exclusive of interest and costs, exceeds $75,000. 6. This Court has supplemental jurisdiction of the state law claim alleged in Count II

under 28 U.S.C. § 1367(a). 7. Venue is proper in this District under 28 U.S.C. § 1391(c) in that SMG conducts

business in this District and at least part of the events giving rise to the claims stated herein occurred in this District. Venue is also proper in this District under 28 U.S.C. § 1400(a) in that this action arises under the copyright laws of the United States, 17 U.S.C. §§ 101 et seq. and SMG may be found in this District. 8. This Court has personal jurisdiction over SMG under the laws of the

Commonwealth of Massachusetts, including the Massachusetts long-arm statute, Mass. Gen. Laws ch. 223A, § 3. FACTUAL BACKGROUND 9. Founded in 1965 as a small family-owned business, Global Printing & Packaging

has developed into an international printing solutions firm. 10. Global Printing & Packaging is a full-service commercial print management firm

that specializes in the printing of high quality books, commercial printing and consumer product packaging.

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11.

With a multitude of presses, bindery equipment and in-house graphic designers,

Global Printing & Packaging is able to serve a broad range of commercial print manufacturing needs from conception, design, prepress, production and delivery. 12. Global Printing & Packaging owns and operates Global Datebooks, a division of

Global Printing & Packaging that produces day planners for customers nationwide. 13. Global Printing & Packaging works with numerous primary, elementary, middle,

junior high, and high schools as well as universities and colleges across the country in designing daily planners. Global Printing & Packaging has an experienced design team that can develop a custom day planner from concept to finished product. 14. In connection with designing daily planners, Global Printing & Packaging has

created substantial new, value-added and unique materials on a wide variety of topics that make the Global Printing & Packaging planner much more useful and attractive to users (hereafter, the “Resource Pages”) 15. The Resource Pages are designed to give students a place to quickly reference

information covering a variety of topics. For example, for primary/elementary daily planners, Global Printing & Packaging has created Resource Pages that cover such topics as goal setting, study skills, tips for spelling, money skills, math, social studies, geography and recycling and conservation tips. For middle school and high school planners, Global Printing & Packaging has created Resource Pages that cover such topics as study skills, goal setting and planning, internet safety, tips for doing well on exams, health and wellness, recycling and conservation, essay writing tips, math, science, social studies and geography. And for college and university

planners, Global Printing & Packaging has created Resource Pages that cover such topics as transition to college life, tips for succeeding in college, career planning, financial planning, study

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skills, health and wellness, recycling and conservation tips, writing essays, math, science, social studies, and geography. 16. The Resource Pages contain wholly original material and constitute copyrightable

subject matter under the Copyright Act of 1976, 17 U.S.C. §§ 101 et seq., as amended. 17. Global Printing & Packaging has created numerous day planners, including

without limitation its 2010-2011 Middle School Planner and 2010-2011 High School Planner. 18. The 2010-2011 Middle School Planner and 2010-2011 High School Planner

(collectively, the “Works”) contain wholly original material and constitutes copyrightable subject matter under the Copyright Act of 1976, 17 U.S.C. §§ 101 et seq., as amended. 19. Global Printing & Packaging is the owner of all right, title and interest, including

the copyright, in and to the Works. 20. The Works are the subject of Certificates of Copyright Registration issued by the

Register of Copyrights on March 22, 2012, bearing registration number TX-7497154 for the 2010-2011 Middle School Planner and registration number TX-7497148 for the 2010-2011 High School Planner. 21. In all respects, the laws of the United States and all other laws governing

copyright have been complied with as respects the Works, and Global Printing & Packaging has secured the rights and privileges under the copyright in the Works. 22. In 2010, Global Printing & Packaging worked with SMG to develop a planner for

the National Football League (“NFL”) (hereafter, the “2011-2012 HSPD Planner”). 23. As one of its services, Global Printing & Packaging allows customers for whom it

is printing custom planners to include some or all of the Resource Pages as part of the planner at no additional cost.

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24.

Global Printing & Packaging allowed SMG to use Resource Pages in the 2011-

2012 HSPD Planner because Global Printing & Packaging was printing the books. 25. SMG never received a license or other permission to use the Resource Pages other

than in connection with the 2011-2012 HSPD Planner being printed for SMG by Global Printing and Packaging. 26. After the 2011-2012 HSPD Planner, SMG stopped doing business with Global

Printing & Packaging. None of SMG’s products were printed by Global Printing & Packaging thereafter. 27. On information and belief, in 2011, SMG redesigned its website and, without

Global Printing & Packaging’s permission, used Global Printing & Packaging’s copyrighted materials, including copyrighted material from the Works and Resource Pages. 28. On or about May 25, 2011, Jon Feldman (Global Printing & Packaging’s

Operations Manager) contacted SMG and demanded that the copyrighted material be removed from SMG’s website. SMG acknowledged the request, made minor changes to its website, but for the most part ignored Global Printing & Packaging’s request. 29. On information and belief, at least by July 2011, SMG began offering a “2011-

2012 Middle School Student Planner” and “2011-2012 High School Student Planner” (hereafter, the “Infringing Works”). 30. The Infringing Works contain verbatim and near-verbatim copies of substantial

and material portions of the Works, and particularly the value-added Resource Pages. 31. SMG did not seek and does not have Global Printing & Packaging’s permission to

use its copyrighted material from the Works, including the Resource Pages, in the Infringing Works or on SMG’s website.

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32.

On information and belief, the Infringing Works are sold by SMG on the internet,

including on Amazon.com, and such orders on Amazon.com are fulfilled directly by SMG d/b/a Springboard, Inc. 33. 34. On information and belief, SMG advertises the Infringing Works on the internet. On information and belief, the Infringing Works are offered for sale throughout

the United States, including in Massachusetts. 35. The Infringing Works have been sold to Massachusetts residents and shipped

directly into Massachusetts. 36. On information and belief, SMG has imported hundreds of thousands of a new

product, the HSPD Planners for the 2012-2013 school year. 37. On information and belief, SMG intends to begin distributing this new product

throughout the United States beginning this spring. 38. On information and belief, the 2012-2013 HSPD Planners use Global Printing &

Packaging’s copyrighted material without Global Printing & Packaging’s permission. Global Printing & Packaging has asked SMG for an advanced copy of the 2012-2013 HSPD Planner to determine the extent to which it infringes the Works. SMG has refused to do so. COUNT ONE - COPYRIGHT INFRINGEMENT 39. Global Printing & Packaging hereby re-alleges the allegations contained in

paragraphs 1 through 38 of the Complaint as though fully set forth herein. 40. 41. Global Printing & Packaging owns registered and valid copyrights to the Works. Among other things, Global Printing & Packaging has the exclusive right under

17 U.S.C. § 106 to reproduce, distribute, and make derivative works based on the Works.

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42.

SMG had access to the Works by virtue of SMG’s business relationship with

Global Printing & Packaging before 2011, including their work together on the 2011-2012 HSPD Planner. 43. The Infringing Works contain verbatim and near-verbatim copies of substantial

and material portions of the Works. 44. SMG has knowingly and willfully infringed, and threatens to further infringe,

Global Printing & Packaging’s rights in and to the Works by, inter alia, selling, offering for sale and otherwise distributing goods incorporating unauthorized copies of the Works and creating unauthorized derivative works thereof in violation of its rights pursuant to 17 U.S.C. § 106. Specifically, SMG has sold, offered for sale and distributed the Infringing Works that are substantially similar to the Works, and now threatens to sell and distribute the 2012-2013 HSPD Planners. 45. The aforesaid infringements by SMG of Global Printing & Packaging’s rights in

and to the Works, and under the copyright relating thereto, were, and continue to be, done with the full knowledge of or with reckless disregard of Global Printing & Packaging’s rights in and to the Works under the Copyright Act. 46. By reason of SMG’s aforesaid infringements of Global Printing & Packaging’s

rights, Global Printing & Packaging has been seriously and irreparably damaged and, unless SMG is restrained, Global Printing & Packaging will continue to be irreparably damaged. 47. Global Printing & Packaging has no adequate remedy at law for the damage

inflicted by SMG. 48. Global Printing & Packaging is entitled to recover from SMG the damages,

including attorneys’ fees, it has sustained from, among other things, any gains, profits and

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advantages obtained by SMG as a result of his acts of copyright infringement alleged above. Alternatively, Global Printing & Packaging is entitled to recover, at its sole election, statutory damages as provided by 17 U.S.C. § 504(c). COUNT II -- VIOLATION OF M.G.L. CHAPTER 93A 49. Global Printing & Packaging hereby re-alleges the allegations contained in

paragraphs 1 through 48 of the Complaint as though fully set forth herein. 50. At all times relevant hereto, SMG was engaged in trade or commerce within the

meaning of M.G.L. c. 93A, §§ 2, 9. 51. SMG’s conduct, as described above, constitutes unfair and deceptive acts or

practices within the meaning of M.G.L. c. 93A, §§ 2, 9. 52. willfully. 53. SMG’s unfair and deceptive conduct occurred primarily and substantially within SMG committed its unfair and deceptive acts and practices knowingly and

the Commonwealth of Massachusetts. 54. As a result of SMG’s unfair and deceptive conduct, Global Printing & Packaging

has suffered, and continues to suffer, injury. PRAYER FOR RELIEF WHEREFORE, Global Printing & Packaging prays that this Court enter judgment as follows: A. Enjoining SMG and any of its agents, representatives and all other persons acting in concert with them from further infringing or otherwise violating Global Printing & Packaging’s rights in and to the Works. B. Directing SMG to deliver up for destruction all unauthorized copies of the Work and any derivative works based thereon pursuant to 17 U.S.C. § 503. -8-

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C.

That an accounting and judgment be rendered against SMG for: (1) all profits received from the use, distribution or sale of infringing copies or derivative works of the Work, as provided by 17 U.S.C. § 504(b); (2) all actual damages suffered by Global Printing & Packaging as a result of SMG’s copyright infringement, as provided by 17 U.S.C. § 504(b); (3) statutory damages for copyright infringement by SMG, as allowable under 17 U.S.C. § 504(c), if such amounts are greater than the combined amounts of (1) and (2) above; and (4) an increase of statutory damages on account of SMG’s knowing and willful infringements of Global Printing & Packaging’s rights in and to the Works pursuant to 17 U.S.C. § 504(c)(2).

D.

For an award of costs in this action, including reasonable attorneys’ fees and expert fees as allowable under 17 U.S.C. § 505;

E.

Treble damages upon a finding of a willful and knowing violation of M.G.L. c. 93A, and award Global Printing & Packaging’s its attorneys’ fees in accordance with M.G.L. c. 93A, §11; and

F.

Such other and further relief as the Court deems just, proper and equitable.

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JURY DEMAND Global Printing & Packaging demands a trial by jury on all matters and issues triable by a jury. Dated: March 26, 2012 Respectfully submitted, GENERAL PRINTING & DESIGN, INC. d/b/a GLOBAL PRINTING & PACKAGING, By its attorneys, /s/ Joshua M. Dalton Joshua M. Dalton, BBO #636402 joshua.dalton@bingham.com Lawrence T. Stanley, Jr., BBO #657381 lawrence.stanley@bingham.com BINGHAM MCCUTCHEN LLP One Federal Street Boston, MA 02110-1726 617.951.8000

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