Johnson v. Beam Suntory PDF
Johnson v. Beam Suntory PDF
Johnson v. Beam Suntory PDF
REV. 7/2012
PLAINTIFFS
15 CV IS Kg
JUDGu NATHAN
Eric Johnson
Beam Suntor
(212^520-4296
CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE)
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)
Ifyes,
No
Yes
Yes U
NATURE OF SUIT
TORTS
CONTRACT
&CasefN&l 3 2 4 2015
PERSONAL INJURY
PERSONAL INJURY
FORFEITU RE/PENALTY
BANKRUPTCY
OTHER STATUTES
INSURANCE
MARINE
MILLER ACT
[ ]310 AIRPLANE
[]315 AIRPLANE PRODUCT
[1610
[ ]620
[ ] 422 APPEAL
[ ]400 STATE
NEGOTIABLE
[1150
INSTRUMENT
RECOVERY OF
OVERPAYMENT &
[ ] 330 FEDERAL
[1151
[1152
ENFORCEMENT
OF JUDGMENT
MEDICARE ACT
RECOVERY OF
DEFAULTED
STUDENT LOANS
[]110
11120
[1130
[1140
LIABILITY
SLANDER
RECOVERY OF
OVERPAYMENT
[1160
OF VETERAN'S
BENEFITS
STOCKHOLDERS
11190
SUITS
OTHER
[1195
CONTRACT
CONTRACT
PRODUCT
LIABILITY
[ ] 365
[ ] 340 MARINE
[ ] 345 MARINE PRODUCT
LIABILITY
[ ] 368
ASBESTOS PERSONAL
PERSONAL PROPERTY
REAL PROPERTY
FAIR LABOR
STANDARDS ACT
LABOFVMOMT
[ ] 444 WELFARE
[ ] 445 AMERICANS WITH
DISABILITIES EMPLOYMENT
[1740
[1790
HABEAS CORPUS
DEATH PENALTY
MANDAMUS & OTHER [1791
28 USC 157
PROPERTY RIGHTS
REAPPORTIONMENT
[
[
[
[
[
]410
1430
]450
]460
] 470
[ ] 830 PATENT
[ ] 840 TRADEMARK
[ ]480
SOCIAL SECURITY
[]490
[ J810
[ ] 850
[ ]861 HIA(1395ff)
[ ]862 BLACK LUNG (923)
[ ) 863 DIWC/DIWW (405(g))
(RICO)
CONSUMER CREDIT
CABLE/SATELLITE TV
SELECTIVE SERVICE
SECURITIES/
COMMODITIES/
EXCHANGE
[ 1875 CUSTOMER
CHALLENGE
12 USC 3410
[ j SSS RSI(403(g))
ANTITRUST
BANKS & BANKING
COMMERCE
DEPORTATION
RACKETEER INFLU
ENCED & CORRUPT
ORGANIZATION ACT
ft820 COPYRIGHTS
RELATIONS
LABOR/MGMT
REPORTING &
FEDERAL TAX SUITS
DISCLOSURE ACT
RAILWAY LABOR ACT [ ]870 TAXES (U.S. Plaintiffor
OTHER LABOR
Defendant)
LITIGATION
[ ] 871 IRS-THIRD PARTY
EMPL RET INC
26 USC 7609
SECURITY ACT
IMMIGRATION
[ ] 893 ENVIRONMENTAL
MATTERS
[ ]894 ENERGY
ALLOCATION ACT
[ ] 895 FREEDOM OF
[ ) 900 APPEAL OF FEE
DETERMINATION
[1462
NATURALIZATION
APPLICATION
11463
[ ] 440
[ ]423 WITHDRAWAL
INFORMATION ACT
ACCOMMODATIONS
[ ]290
[1710
[]720
MOTIONS TO
VACATE SENTENCE
20 USC 2255
[ ] 540
[1240
[J 245
LABOR
[1730
[ ] 530
[ ) 535
CONDEMNATION
FORECLOSURE
RENT LEASE &
EJECTMENT
TORTS TO LAND
TORT PRODUCT
LIABILITY
ALL OTHER
REAL PROPERTY
[ ]690
PRISONER PETITIONS
[1510
[ 1441 VOTING
[ 1442 EMPLOYMENT
[ ] 443 HOUSING/
[ ]220
[ ]230
]630
]640
J 650
]660
PROPERTY DAMAGE
PRODUCT LIABILITY
CIVIL RIGHTS
LAND
[
I
[
[
28 USC 158
INJURY
[ ] 196 FRANCHISE
11210
[I 625
INJURY PRODUCT
LIABILITY
PRODUCT LIABILITY
PERSONAL INJURY
PRODUCT LIABILITY
EMPLOYERS'
LIABILITY
(EXCL VETERANS)
[1153
MED MALPRACTICE
AGRICULTURE
OTHER FOOD &
DRUG
DRUG RELATED
SEIZURE OF
PROPERTY
21 USC 881
LIQUOR LAWS
RR& TRUCK
AIRLINE REGS
OCCUPATIONAL
SAFETY/HEALTH
OTHER
[]465
UNDER EQUAL
ACCESS TO JUSTICE
[ ] 950 CONSTITUTIONALITY
OF STATE STATUTES
DEMAND $
OTHER
DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?
IF SO, STATE:
JUDGE
DOCKET NUMBER
NOTE: Please submit at the time of filing an explanation of why cases are deemed related.
Bfl 1 Original
ORIGIN
L3 2 Removed from
Proceeding
D 3 Remanded D 4 Reinstated or
State Court
from
Reopened
(Specify District)
CI 7 Appeal to District
Litigation
Judge from
p^"3'6
Judgment" "
I I b. At least one
party is pro se.
(PLACE AN x IN ONEBOXONLY)
1 U.S. PLAINTIFF
BASIS OF JURISDICTION
IF DIVERSITY, INDICATE
D.4 DIVERSITY
CITIZENSHIP BELOW.
DEF
[ ]1
[ ]1
CITIZEN OR SUBJECT OF A
PTF DEF
CITIZEN OF ANOTHERSTATE
[]2
[]2
[ ]3 [ ]3
FOREIGN COUNTRY
INCORPORATEDand PRINCIPALPLACE
PTF
DEF
[ ]5
[ ]5
[]6
[]6
[]4[]4
FOREIGN NATION
Eric Johnson
Deerfield, IL 60015
REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TOASCERTAIN THE
RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:
Check one:
Q WHITE PLAINS
g| MANHATTAN
(DO NOT check either box ifthis a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.)
/^^
C-^ tZ*^-"
Magistrate Judge
Ruby J. Krajick, Clerk of Court by
it*?-X!; ;? I'lluhMAN
Deputy Clerk, DATED
is so Designated.
Yr. 2013
15 CV 1355
(212) 520-4296
ERIC JOHNSON,
Plaintiff,
o
- against -
Defendant.
JURY TRIAL DEMANDED
COMPLAINT
Mr. Eric Johnson (hereinafter "Plaintiff), by and through his undersigned counsel, for
his Complaint against Beam Suntory Incorporated ("Defendant"), states and alleges as follows:
THE PARTIES
1.
Plaintiff Eric Johnson is a citizen of the State of New York, County of New York,
with his principal place ofbusiness at472 9th Avenue, Apt. #3, New York, New York, 10018
2.
corporation with its principal place of business at 510 Lake Cook Road, Deerfield, IL 60015.
3.
This is an action for copyright infringement arising under the Copyright Act of
1976, as amended, 17 U.S.C. 101 etseq. (the "Copyright Act"). This action arises from
Defendant's unauthorized and unlawful reproduction, public display, and distribution of a
4.
5.
This Court has personal jurisdiction over Defendant because Defendant engages
in continuous and systematic business activities in the State of New York and/or has purposely
directed substantial activities at the residents of New York by means of the web site described
herein and derives substantial revenue from interstate commerce.
6.
this Judicial District and/or because a substantial part of the events giving rise to the causes of
action alleged herein occurred in this Judicial District, and the injury suffered by Plaintiff took
place in this Judicial District.
FACTUAL ALLEGATIONS
A.
7.
and artist. He is a citizen of the State of New York and resides in the Borough of Manhattan.
8.
producing iconic photographic portraits of a wide, diverse group of musicians, artists, and
celebrities for over twenty-five years. His photographs have been published in countless books,
magazines, newspapers and periodicals, used as cover artwork for music albums, and shown in
gallery shows. Many ofhis more well-known portraits have become truly etched into the public
consciousness.
9.
Plaintiffis the legal and beneficial owner of a vast number of his original
photographs. Plaintiff has invested significant time, money, resources and manpower over his
distinguished and longstanding career in building andmaintaining his personal photograph
archive.
10.
internationally renowned R&B recording artistand actress, just months before her tragic deathin
During his photo shoot with Aaliyah, Johnson captured a number of intimate,
beautiful shots of the superstar. Certain photographs from that shoot have come to define
Aaliyah's enduring image among the public and her devoted fans.
B.
12.
importer, and marketer of a number of brand-name liquors, including whiskies, tequila, vodka,
rum, gin, liqueurs, and cognacs. Upon information and belief, Defendant claims to be the
world's third largest premium spirits company, and to generate annual worldwide sales of
approximately 4.6 billion dollars ($4,600,000,000).
13.
The certificate of copyright registration covering the Aaliyah Photographs (U.S. Reg. No. VA 1-910-554), which
identifies Plaintiff as author and copyright claimant, is attached hereto at Exhibit 1.
14.
promotion ofCourvoisier, including, but not limited to, online marketing and promotional
activities. Upon information and belief, Defendant has directed marketing and promotion ofthe
Courvoisier brandto the hip-hop/R&B music fan community.
15.
Upon information and belief, Defendant is, and has been at all times relevant to
this dispute, the registered owner and operator the web site www.Courvoisier.com (the
"Courvoisier Website"), and responsible for all of the contentcontained thereon.
16.
promotional tool to increase public awareness and recognition ofthe Courvoisier brand and,
ultimately, to boost sales of Courvoisier-brand cognac (including to customers located in the
State of New York).
17.
Website by which thirdparties who access pages on the Website can reproduce and/or distribute
content thereon, including photographic images.
18.
Upon information and belief, Defendant's promotion of its Courvoisier brand also
publications' web sites containing article previews andphotographic images along with the
Courvoisier logo and a link to the page on the Courvoisier Website hosting the full article.
C.
19.
has willfully infringed and continues to infringe Plaintiffs copyright in and to one of the Aaliyah
Photographs (the "Photograph At Issue") by reproducing, distributing, publicly displaying, and
making available for further reproduction, distribution and public display, such photograph on
the Courvoisier Website.
20.
technological means by which users who access the page canfurther reproduce, distribute, and
publicly display the Photograph At Issue via social media providers Facebook and Twitter.
21.
Upon information and belief, Defendant has also infringed the Photograph At
Issue and contributed to further infringements thereof by third parties ("Third Party Infringers")
by distributing the Photograph At Issue to Third Party Infringers for publication in "sponsored
articles" on their web sites.
22.
Upon information and belief, Defendant has falsely purported to authorize the
Third Party Infringers' use of the Photograph At Issue in contractual agreements relating to the
"sponsored articles".
23.
Upon information and belief, Defendant commenced its infringing uses of the
Upon information and belief, Defendant has purposely used the Photograph At
Issue to exploit its recognition among the public and the hip-hop/R&B fan community with the
intention of attracting web visitor traffic to the Courvoisier Website by its visibility thereon and
thereby promoting the Courvoisier brand and, ultimately, increasing sales of Courvoisier cognac.
25.
Upon information and belief, Defendant has driven significant traffic to the
Courvoisier Website by the presence of the Photograph At Issue thereon and in "sponsored
2Attached hereto at Exhibit 2 aretrue andcorrect copies of printouts of web pages on the Website showing
Defendant's use of the Photograph At Issue, and, at Exhibit 3, a reproduction of Plaintiff s photograph infringed by
Defendant. The printouts of the Website attached at Exhibit 2 shows that the Website displays an exact copy of the
Photograph At Issue.
3A Courvoisier "sponsored article" on the popular fashion, music andart web site www.complex.com, prominently
displaying the Photograph Issue and also containing a link to a page on the Website containing the Photograph At
Issue, is attached hereto at Exhibit 4.
articles" on the web sites of Third Party Infringers. The increased traffic to the Courvoisier
Website has led to the substantial promotion of Defendant's Courvoisierbrand directly
attributable to its infringement of Plaintiff s copyright in the PhotographAt Issue.
26.
Despite being put on notice of its infringing use of the Photograph At Issue and
requested to cease its use by undersigned counsel on behalfof Plaintiff, Defendant has failed to
remove the Photograph At Issue from the Courvoisier Website. Accordingly, Plaintiffrequires
this Court's intervention to put a stop to Defendant's continued willful infringement of his
copyrights and vindicate his legal rights under the CopyrightAct.
27.
Plaintiff has complied in all respects with Title 17 of the United States Code,
secured the exclusive rights and privileges to the Photograph At Issue, and obtained the
Upon information and belief, Defendant has engaged in the infringing acts
forming the basis of this Complaint knowingly of, and with reckless disregard for, Plaintiffs
rights in the Photograph At Issue, and was aware that its infringing activities constitute
infringements under the Copyright Laws of the United States.
29.
substantially harmed.
30.
above have caused and, if not enjoined, will continue to cause irreparable harm to Plaintiff.
FIRST COUNT
31.
32.
At all times herein, Plaintiffhas been and is still the owner, and proprietor of all
right, title and interest inand to the Aaliyah Photographs, including the Photograph At Issue.
The Photograph AtIssue is an original, creative work of Plaintiffs authorship and constitutes
copyrightable subject matter under the Copyright Act.
33.
copyright infringement action, including obtaining a certificate ofcopyright registration from the
Copyright Office covering the Photograph At Issue (attached hereto at Exhibit 1).
34.
Defendant has not obtained valid license, authorization or permission to use the
Photograph At Issue in any manner, and Plaintiff has not assigned any of his exclusive rights in
his copyright in the Photograph At Issue to Defendant.
35.
rights under 17 U.S.C 106, Defendant has improperly and illegally copied, reproduced,
distributed, and publicly displayed the Photograph At Issue on the Website.
36.
rights under 17 U.S.C 106,Defendants improperly and illegally reproduced, distributed, and/or
licensed unauthorized reproductions of the Photograph At Issue to Third Party Infringers for the
purpose of further reproduction, distribution, and public display.
37.
Defendant's use of the Photograph At Issue as set forth in this Complaint violates
Plaintiffs exclusive rights under the Copyright Act and constitute willful infringement of
Plaintiffs copyrights.
38.
Upon information and belief, thousands of people throughout the United States
have viewed the infringing copies of the Photograph At Issue on the Website and the web sites of
Third Party Infringers.
39.
infringements alleged herein, and has knowingly and willfully carried out its infringing activities,
continue to do soto this day despite being repeatedly put onnotice of its infringement, and will
continue to do so unless enjoined by this Court.
40.
41.
42.
exclusive rights under 17 U.S.C 106, Defendant has caused, induced, and/or materially
contributed to infringements of the Photographs AtIssue by Third Party Infringers in violation of
Plaintiffs copyright by distributing unauthorized copies of the Photograph AtIssue to Third
Party Infringers and purporting to authorize its reproduction andpublic display.
43.
Infringers have infringed Plaintiffs exclusive rights in the Photograph AtIssue by hosting and
making further reproductions of the Photograph At Issue on their computer hard drives and/or
servers, publicly displaying thePhotograph At Issue on their own web sites, and making the
Photograph AtIssue available for further reproduction and/or distribution by the public on such
web sites.
44.
Defendant had and continues to have knowledge of the infringing uses of the
Photographs AtIssue by the Third Party Infringers, which it has purported to authorize by its
"sponsored article" contractual arrangements with the Third Party Infringers.
45.
infringements committed by Third Party Infringers have been willful, intentional, purposeful,
and in disregard ofPlaintiffsrights, and have caused substantial damage to Plaintiff.
46.
materially contributing to the infringing conduct ofThird Party Infringers, Plaintiffhas been
substantially harmed in an amount to be proven at trial.
THIRD COUNT
47.
distributes, and promotes, have been provided with technological means to directly infringe and
are directly infringing Plaintiffs copyright in the Photograph At Issue by creating and
distributing unauthorized reproductions thereof on social media providers Facebook and Twitter.
49.
1.
That the Court enter ajudgment finding that Defendant has directly and secondarily
infringed Plaintiffs U.S. Copyright Reg. No. VA 1-910-544 in violation of 17 U.S.C. 501 et
seq. and award damages and monetary and injunctive relief as follows:
a.
b.
c.
2.
Such other and further relief that the Court determines is just and proper.
JURY DEMAND
Respectfully submitted,
10
EXHIBIT 1
Certificate of Registration
'!'!-,!> Ortiikate issued umlft Hie v.'.ii ol the Copyright
Oriicc in accord ana; with MH '" ' :>r:cti Sl-iles (. cdc.
RegistrationNumber
VA 1-910-544
Effective date of
^ \CU*
registration:
December 9, 2013
Title
Completion/Publication
Year of Completion:
Date of 1st Publication:
2001
June 7,2001
Author
Author:
Eric Johnson
United States
Copyright claimant
Copyright Claimant: Eric Johnson
472 Ninth Avenue, Apt. #3, New York, NY, 10018, United States
Alex Malbin
Email:
alexigeric-johnson.com
Name:
Alexander Malbin
Date:
December 9, 2013
Certification
Correspondence:
Yes
Page 1 of 1
EXHIBIT 2
2/24/2015
http://courvoisier.com/our-jouraey/recipe-turning-classic-rb-tracks-cocktails/
2/24/2015
http://courvoisier.com/our-joumey/recipe-tuming-classic-rb-tracks-cocktails/
2/24/2015
http://courvoisier.com/our-joumey/recipe-tuming-classic-rb-tracks-cocktails/
2/24/2015
http://courvoisier.com/our-joumey/recipe-niming-classic-rb-tracks-cocktails/
2/24/2015
http://courvoisier.com/our-jouraey/recipe-ruming-classic-rb-tracks-cocktails/
2/24/2015
http://courvoisier.com/our-jouraey/recipe-nirning-classic-rb-tracks-cocktails/
2/24/2015
http://courvoisier.com/our-jouraey/recipe-turning-classic-rb-tracks-cocktails/
2/24/2015
http://courvoisier.com/our-journey/recipe-tuming-classic-rb-tracks-cocktails/
8/8
2/23/15, 11:57 AM
Music Archives - Courvoisier
http://courvoisier.com/journeys/music/
Page 1 of 6
2/23/15, 11:57AM
Music Archives - Courvoisier
http://courvoisier.com/journeys/music/
Page 2 of 6
2/23/15, 11:57 AM
Music Archives - Courvoisier
http://courvoisier.com/journeys/music/
Page 3 of 6
2/23/15, 11:57 AM
Music Archives - Courvoisier
http://courvoisier.com/journeys/music/
Page 4 of 6
http://courvoisier.com/journeys/music/
2/23/15, 11:57 AM
Page 5 of 6
http://courvoisier.com/journeys/music/
2/23/15, 11:57 AM
Page 6 of 6
EXHIBIT 3
EXHIBIT 4
2/10/15, 4:09 PM
8+ G8 m
EXCEPTIONAL
V '
BYJESSI STAFFORD
'
O DEC 3, 2014
If you've ever had a night where throwback R&B music was the only thing on the menu, then listen up. You can now pair your favorite tracks with
the perfect cocktail to get you in the mood. Courvoisier has taken classics like Aaliyah's "AreYou That Somebody?", Al Green's "Tired of Being
Alone," and "Real Love" by Mary J. Blige and given them the "spirit" treatment, as in alcohol. Now, when you're listening to the above, drink a
mojito, a French gimlet, and a snow honey cocktail, in that order.
For more R&B-based drink recipes, look no further than the link below.
[via Courvoisier]
http://www.complex.com/music/2014/12/courvoisier-presents-classic-rb-tracks-are-now-cocktails
Page 1 of 6
AALIYAH
COCKTAILS
2/10/15, 4:09 PM
COURVOISIER
ON BUST
W9
IB
mtWKmmwKKUm
0 Comments
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