ASAT Outdoors v. Chapter 4 (Supreme) - Complaint
ASAT Outdoors v. Chapter 4 (Supreme) - Complaint
ASAT Outdoors v. Chapter 4 (Supreme) - Complaint
CHAPTER 4 CORP.
Defendant.
COMPLAINT
Plaintiff ASAT Outdoors, LLC (“ASAT” or “Plaintiff”) by and through its undersigned
counsel, as and for its Complaint against Defendant Chapter 4 Corp. (“Chapter 4” or
1. This is an action for copyright infringement under Section 501 of the Copyright
Act. This action arises out of Defendant’s unauthorized reproduction and public display of a
Accordingly, ASAT seeks monetary relief under the Copyright Act of the United States, as
2. This claim arises under the Copyright Act, 17 U.S.C. § 101 et seq., and this Court
has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
3. This Court has personal jurisdiction over Defendant because Defendant resides
PARTIES
licensing its camouflage design for a fee having a usual place of business at 600 Timber Rose
company duly organized and existing under the laws of the State of New York, with a place of
business at 62 King Street, 3rd Floor, New York, New York 10014. Upon information and belief,
Chapter 4 is registered with the New York State Department of Corporations to do business in
New York. At all times material, hereto, Chapter 4 has owned and operated a website at the
STATEMENT OF FACTS
7. ASAT owns the copyright to a camouflage design (the “Design”). A true and
9. ASAT is the author of the Design and has at all times been the sole owner of all
right, title and interest in and to the Design, including the copyright thereto.
10. The Design was registered with the United States Copyright Office and was given
11. Chapter 4 copied the Design and created derivative works of the Design and placed it on
their apparel such as hats, pants and jackets to sell on their website and in stores. See Exhibit B.
Case 1:19-cv-10462 Document 1 Filed 11/11/19 Page 3 of 4
12. Chapter 4 did not license the Design from Plaintiff for its apparel, nor did Chapter
13. Plaintiff incorporates by reference each and every allegation contained in Paragraphs
1-12 above.
14. Chapter 4 infringed Plaintiff’s copyright in the Design by reproducing and publicly
displaying the Design on its apparel. Chapter 4 is not, and has never been, licensed or otherwise
copyright and exclusive rights under copyright in violation of Sections 106 and 501 of the
16. Upon information and belief, the foregoing acts of infringement by Chapter 4
have been willful, intentional, and purposeful, in disregard of and indifference to Plaintiff’s
rights.
Plaintiff’s copyright and exclusive rights under copyright, Plaintiff is entitled to damages and
infringed for Defendant’s willful infringement of the Design, pursuant to 17 U.S.C. § 504(c).
19. Plaintiff further is entitled to its attorney’s fees and full costs pursuant to 17 U.S.C. §
505.
3. That Defendant be required to account for all profits, income, receipts, or other
4. That Plaintiff be awarded its costs, expenses and attorneys’ fees pursuant to
17 U.S.C. § 505;
6. Such other and further relief as the Court may deem just and proper.
Plaintiff hereby demands a trial by jury on all issues so triable in accordance with Federal
EXHIBIT A
Case 1:19-cv-10462 Document 1-1 Filed 11/11/19 Page 2 of 2
Case 1:19-cv-10462 Document 1-2 Filed 11/11/19 Page 1 of 5
EXHIBIT B
Case 1:19-cv-10462 Document 1-2 Filed 11/11/19 Page 2 of 5
Case 1:19-cv-10462 Document 1-2 Filed 11/11/19 Page 3 of 5
Case 1:19-cv-10462 Document 1-2 Filed 11/11/19 Page 4 of 5
Case 1:19-cv-10462 Document 1-2 Filed 11/11/19 Page 5 of 5