Complaint letter from the publisher
This is a partial content in the Complaint letter from the publisher
Nature of the Action
1. Plaintiffs are bringing this action to enforce their copyrights against defendants’ unlawful sale in the United States of non-United States versions of plaintiffs’ educational books.
Jurisdiction and Venue
2. This Court has subject matter jurisdiction over the claim in this action pursuant to 28 U.S.C. ss 1331 and 1338 because it arises under the Copyright Act, 17 U.S.C. S101 et seq.
3. Upon information and belief, venue is proper in this District pursuant to 28 U.S.C. SS1391 and 1400 (a)
Parties
4. "..." is a corporation organized and existing under the laws of the State of New York with its principal place of business at ."...."
5. "..."is a corporation organized and existing under the laws of the State of Delaware with its principal place of business at "..."
6. Upon information and belief, defendant “….” Is a natural person presently residing at “……”
7. Upon information and belief, defendants John Doe Nos. 1-5 aer associates of the named defendant whose identifies are presently unknown to plaintiffs.
The Businesses of Plaintiffs
8. Each plaintiff publishes a variety of works, including educational books
9. As a standard practice, each plaintiff requires its authors to assign the copyright to it or grant it the exclusive rights of reproduction and distribution in the United States. This practice enables each plaintiff to maximize dissemination of each work.
10. Plaintiffs invest significant monies to publish their copyrighted works. Plaintiffs, for example, make substantial investments in royalties, content creation, licensing, copyediting, proofreading, typesetting, layout, printing, binding, distribution, and promotion.
11. Plaintiffs earn a substantial portion of their revenue from the publication of their copyrighted works and would suffer serious financial injury if their copyrights’ were not enforced. A substantial decline in their income could cause plaintiffs to cease publishing one or more deservinng books or journals. This would adversely impact the creation of new works, scholarly endeavor, and scientific progress.
12. Plaintiffs’ educational books authorized for sale in the United States are of the highest quality (the “United States Editions”). These books are generally printed with strong, hard-cover bindings with glossy protective coatings and, in some cases, contain extra features such as sewn ribbon bookmarks. Plaintiffs frequently offer academic supplements, such as CD-Roms, computer passwords that provide purchasers with access to academic websites corresponding to the textbooks, and study guides with the United States Editions.
13. Plaintiffs generally create different versions of their educational gooks that are intended for sale in specific geographic markets outside of the United States (the “Foreign Editions”). The Foreign Editions materially differ from the United States Editions. The Foreign Editions have thinner paper and different bindings, different cover and jacket designs, fewer internal ink colors, if any, lower quality photographs and graphics, and generally lower prices than the United Staes Editions. Also, the Foreign Editions often Lack academic supplements, such as CD-Roms, Website passwords, or study guides. The Foreign Editions are generally marked to indicate their lower cost by a legend indicating, in substance, that the title is a “Low Price Edition” and/or authorized for sale only in a particular country or geographic region. The Foreign Editions are uniformly manufactured outside of the United Staes.
Plaintiffs’ Copyrights
14. Plaintiffs routinely register their copyrights. "..." has generally registered its copyrights in its works ("...") including those identified on Schedule A. "..." has generally registered its copyrights in its works ("...") including those identified on Schedule B.
The Infringing Acts of Defendants
15. Defendants have without permission purchased Foreign Editions of plaintiffs’’ books manufactured outside of the United States and resold them to purchasers in the United States through the internet using the e-mail address …………. at websites including, but not limited to, …………..
Claim for relief
16. Plaintiffs repeat the averments contained in paragraphs 1 through 15 as if set forth in full.
17. "..." has received United States Certificates of Copyright Registration for the "..." Copyrights.
18. "..." has received United States Certificates of Copyright Registration for the "..." Copyrights.
19. "..." Copyrights are valid and enforceable.
20. Defendants have infringed the "..." Copyrights in violation of 17 U.S.C. S501.
21. Defendants’ acts have irreparably damaged and, unless enjoined, will continue to irreparably damage plaintiffs. Plaintiffs have no adequate remedy at law for these wrongs and injuries. Plaintiffs are, therefore, entitles to a preliminary and permanent injunction restraining and enjoining defendants and their agents, servants, employees, and attorneys and all persons acting in concernt with them, from infringing the "..." Copyrights.
22. Defendants have willfully infringed the "..." Copyrights.
23. Plaintiffs are entitled to recover all damages sustained as a result of defendants’ unlawful conduct including (1) defendants’ profits, or (2) plaintiffs’ damages, or alternatively (3) statutory damages.
Wherefore, plaintiffs demand judgment:
• Preliminarily and permanently enjoining defendants, their agents, servants, employee, and attorneys and all those acting in concert with them from infringing the "..." Copyrights in violation of 17 U.S.C. S501;
• Awarding plaintiffs their damages or defendants’ profits, or alternatively, at plaintiffs’ election, statutory damages, as a result of defendants’ willful infringement of the "..." Copyrights;
• Awarding plaintiffs their costs in this action, including their reasonable attorneys’ fees pursuant 17 U.S.C. S505; and
• Granting such other and further relief as to this Court seems just and proper.
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My questions are:
1. Is there any legal standpoint to solve this case?
2. What would be the consequence if the defendant does not show up on meeting date?
