JS 44C/SDNY

REV. 7/2012

CIVIL COVER SHEET

The JS-44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of
pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the
Judicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose of
initiating the civil docket sheet.
DEFENDAN'

PLAINTIFFS

15 CV IS Kg

JUDGu NATHAN

Eric Johnson

Beam Suntor

ATTORNEYS (IF KNOWN)

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER

Alexander Matbin, Esq. &Edmund J. Ferdinand, III, Esq.

Ferdinand IP, LLC
125 Park Avenue, 25th Floor, New York, NY 10017

(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(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

Direct and secondary copyright infringement in violation of 17 U.S.C. 501 et seq.

Has this or a similar case

been previously filed in SDNY at anytime? No

Ifyes,

Q Invol. Q Dismissed No Q Yes Q|

was this case Vol.

IS THIS AN INTERNATIONAL ARBITRATION CASE?

No

(PLACEAN [x] IN ONE BOX ONLY)

Yes

Judge Previously Assigned

Yes U
NATURE OF SUIT

TORTS

CONTRACT

&CasefN&l 3 2 4 2015

If ves. aive date

ACTIONS UNDER STATUTES

PERSONAL INJURY

PERSONAL INJURY

FORFEITU RE/PENALTY

BANKRUPTCY

OTHER STATUTES

INSURANCE
MARINE
MILLER ACT

[ ]310 AIRPLANE
[]315 AIRPLANE PRODUCT

[ ] 362 PERSONAL INJURY -

[1610
[ ]620

[ ] 422 APPEAL

[ ]400 STATE

NEGOTIABLE

[ ] 320 ASSAULT, LIBEL &

[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

[ ]350 MOTOR VEHICLE

[ ] 355 MOTOR VEHICLE

[ ] 368

ASBESTOS PERSONAL

PERSONAL PROPERTY

[ ] 370 OTHER FRAUD

[ ] 371 TRUTH IN LENDING
[ ] 380 OTHER PERSONAL

ACTIONS UNDER STATUTES

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

[ 1864 SSID TITLE XVI

[ 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

[ ] 890 OTHER STATUTORY

ACTIONS

[]891 AGRICULTURAL ACTS

[ 1892 ECONOMIC
STABILIZATION ACT

[ ] 893 ENVIRONMENTAL
MATTERS

[ ]894 ENERGY
ALLOCATION ACT

[ ] 895 FREEDOM OF
[ ) 900 APPEAL OF FEE

PRISONER CIVIL RIGHTS

[ I 550 CIVIL RIGHTS

[ ] 555 PRISON CONDITION

DETERMINATION

[1462

NATURALIZATION
APPLICATION

11463

HABEAS CORPUSALIEN DETAINEE

OTHER IMMIGRATION
ACTIONS

[ 1446 AMERICANS WITH

DISABILITIES -OTHER

[ ] 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

[ 1385 PROPERTY DAMAGE

INJURY

[ ] 196 FRANCHISE

11210

[I 625

INJURY PRODUCT
LIABILITY

PRODUCT LIABILITY

[ J360 OTHER PERSONAL

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

OTHER CIVIL RIGHTS

(Non-Prisoner)

UNDER EQUAL
ACCESS TO JUSTICE

[ ] 950 CONSTITUTIONALITY
OF STATE STATUTES

Check if demanded in complaint:

CHECK IF THIS IS A CLASS ACTION

UNDER F.R.C.P. 23

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

Check YES only if demanded in complaint

JURY DEMAND: 8 YES NO

NOTE: Please submit at the time of filing an explanation of why cases are deemed related.

(PLACE AN x IN ONE BOX ONLY)

Bfl 1 Original

ORIGIN

L3 2 Removed from

Proceeding

D 3 Remanded D 4 Reinstated or

State Court

from

a. all parties r.pront.d

|_J 5 Transferred from CI6 Multidistrict

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

2 U.S. DEFENDANT |*j 3 FEDERAL QUESTION

IF DIVERSITY, INDICATE

D.4 DIVERSITY

CITIZENSHIP BELOW.

(U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] in one box for Plaintiff and one box for Defendant)
PTF

DEF

CITIZEN OF THIS STATE

[ ]1

[ ]1

CITIZEN OR SUBJECT OF A

PTF DEF

CITIZEN OF ANOTHERSTATE

[]2

[]2

INCORPORATEDor PRINCIPAL PLACE

[ ]3 [ ]3

FOREIGN COUNTRY

INCORPORATEDand PRINCIPALPLACE

PTF

DEF

[ ]5

[ ]5

[]6

[]6

OF BUSINESS IN ANOTHER STATE

[]4[]4

FOREIGN NATION

OF BUSINESS IN THIS STATE

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

Eric Johnson

472 Ninth Avenue, #3

New York, NY 10018

New York County, New York

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

Beam Suntory, Inc.

510 Lake Cook Road

Deerfield, IL 60015

Lake County, Illinois

DEFENDANT(S) ADDRESS UNKNOWN

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:

THIS ACTION SHOULD BE ASSIGNED TO:

Q WHITE PLAINS

g| MANHATTAN

(DO NOT check either box ifthis a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.)

DATE 02/24/2015 S|GNATURE OF ATTORN|Y;jOFJE^ORD^

RECEIPT*

/^^

ADMITTED TO PRACTICE IN THIS DISTRICT

MYES (DATE ADMITTED Mo.

C-^ tZ*^-"

Attorney Bar Code # AM9385

Magistrate Judge is to be designated by the Clerk of the Court.

Magistrate Judge
Ruby J. Krajick, Clerk of Court by

it*?-X!; ;? I'lluhMAN
Deputy Clerk, DATED

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

is so Designated.

Yr. 2013

Edmund J. Ferdinand, III, Esq. (EF9885)

Alexander R. Malbin, Esq. (AM9385)
FERDINAND IP, LLC

125 Park Avenue, 25th Floor

15 CV 1355

New York, NY 10017

(212) 520-4296

Attorney for Plaintiff

ERIC JOHNSON

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

ERIC JOHNSON,

Plaintiff,
o

- against -

Civil Action No.

BEAM SUNTORY, INC.,
COMPLAINT

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.

Upon information and belief, Defendant Beam Suntory Incorporated is an Illinois

corporation with its principal place of business at 510 Lake Cook Road, Deerfield, IL 60015.

JURISDICTION AND VENUE

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

copyrighted photograph owned by Plaintiff, in willful infringement of Plaintiffs U.S. Copyright

Registration No. VA 1-910-544 as well as contributory infringement and inducement of
infringements of said Copyright Registration.

4.

This Court has subject matterjurisdiction pursuant to 17 U.S.C. 501 and 28

U.S.C. 1331 and 1338(a).

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.

Venue is proper under 28 U.S.C. 1391(a)(2) because Defendant does business in

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.

PLAINTIFF AND HIS ORIGINAL CREATION AND USE OF HIS

COPYRIGHTED PHOTOGRAPH OF AALIYAH

7.

Plaintiff, Eric Johnson, is a successful, award-winning professional photographer

and artist. He is a citizen of the State of New York and resides in the Borough of Manhattan.

8.

One focus of Plaintiffs work is photographic portraiture. Plaintiff has been

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.

In June 2001, Plaintiff shot a series of photographic portraits of Aaliyah, the

internationally renowned R&B recording artistand actress, just months before her tragic deathin

August ofthat year (the "Aaliyah Photographs").1

11.

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.

THE DEFENDANT AND ITS BUSINESS OPERATIONS

12.

Upon information and belief, Defendant, Beam Suntory Inc. is a manufacturer,

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.

Upon information and belief, one of Defendant's self-produced premium liquors

is Courvoisier brand cognac.

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.

Upon information and belief, Defendant engages insubstantial marketing and

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.

Upon information and belief, Defendant uses the Courvoisier Website as a

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.

Upon information and belief, Defendant provides technological means on the

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

includes purchasing "sponsored articles," full-web-page advertisements on popular online

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.

DEFENDANT'S INFRINGEMENTS OF PLAINTIFF'S PHOTOGRAPH

19.

Without valid license or permission or authorization from Plaintiff, Defendant

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.

The page on the Website displaying the Photograph At Issue contains

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

Photograph At Issue in or about December 2014.

24.

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

appropriate certificate of copyright registration (attached hereto at Exhibit 1).

28.

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.

As a result of Defendant's willful misconduct described herein, Plaintiff has been

substantially harmed.

30.

Plaintiff has no adequate remedy at law. Defendants' infringing acts as described

above have caused and, if not enjoined, will continue to cause irreparable harm to Plaintiff.
FIRST COUNT

(Direct Copyright Infringement)

31.

Plaintiff repeats and reincorporates the allegations contained in the preceding

paragraphs as though set forth in full herein.

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.

Plaintiffhas complied in all respects withthe Copyright Act's prerequisites for a

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.

Without permission or authorization from Plaintiffand in willful violation of his

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.

Without Plaintiffs permission or authorization and in willful violation of his

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.

Upon information and belief, Defendant has knowledge ofthe copyright

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.

As a direct andproximate result of Defendant's misconduct, Plaintiff has been

substantially harmed in an amountto be proven at trial.

SECOND COUNT

(Contributory Copyright Infringement)

41.

Plaintiff repeats and reincorporates the allegations contained in the preceding

paragraphs as though set forth in full herein.

42.

Without Plaintiffs permission or authorization and in willful violation of his

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.

Upon information and belief, as a result of Defendant's activities, Third Party

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.

Defendants' activities causing, inducing, and/or materially contributing to the

infringements committed by Third Party Infringers have been willful, intentional, purposeful,
and in disregard ofPlaintiffsrights, and have caused substantial damage to Plaintiff.
46.

As adirect and proximate result of Defendants causing, inducing, and/or .

materially contributing to the infringing conduct ofThird Party Infringers, Plaintiffhas been
substantially harmed in an amount to be proven at trial.
THIRD COUNT

(Inducement of Copyright Infringement)

47.

Plaintiffrepeats and reincorporates the allegations contained in the preceding

paragraphs as though set forth in full herein.

48.

Individuals using the Courvoisier Website that Defendant owns, operates,

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.

Defendant's infringing activities have been willful, intentional, purposeful, and in

complete disregard ofPlaintiffsrights, and has caused substantial damage to Plaintiff.

50.

As adirect and proximate result of Defendant's infringing activities, Plaintiffhas

been substantially harmed in an amount to be proven attrial.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment as follows:

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.

Statutory damages pursuant to 17 U.S.C. 504(c) in the amount of$150,000 per

infringed work or, in the alternative, Plaintiffs actual damages and disgorgement
ofDefendant's wrongful profits in amounts to be proven at trial;

b.

Apermanent injunction pursuant to 17 U.S.C. 502 enjoining Defendant from

directly or secondarily infringing Plaintiffs U.S. Copyright Reg. No. VA 1-910544; and,

c.
2.

Plaintiffs attorneys' fees and costs pursuant to 17 U.S.C. 505; and,

Such other and further relief that the Court determines is just and proper.
JURY DEMAND

Plaintiff demands a trial byjury on all counts sotriable.

Dated: February 24,2015

Respectfully submitted,

Alexander Malbin, Esq. (AM 9385)

Edmund J. Ferdinand, III, Esq. (EF 9885)
FERDINAND IP, LLC

125 Park Avenue, 25th Floor

New York, NY 10017

Telephone: (212) 520-4296

Fax: (203) 905-6747
Email: amalbin@24iplg.com

Attorney for Plaintiff

ERIC JOHNSON

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.

aiu:Ms tha! reuisinmor; ba> Petri made lor 'he work

ideuUiied below, i he iiifoiTnaUon on th^ cenihcatc ha
been made a fan o; -ik Gvy^rt oniee u\.(i!ib.

RegistrationNumber

VA 1-910-544
Effective date of

^ \CU*

registration:
December 9, 2013

Title

Title of Work: Aaliyah photograph collection

Completion/Publication
Year of Completion:
Date of 1st Publication:

2001
June 7,2001

Nation of 1st Publication: United States

Author
Author:

Eric Johnson

Author Created: photograph(s)

Citizen of:

United States

Copyright claimant
Copyright Claimant: Eric Johnson
472 Ninth Avenue, Apt. #3, New York, NY, 10018, United States

Rights and Permissions

Name:

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

Turning Classic R&B Tracks Into Cocktails

http://courvoisier.com/our-jouraey/recipe-turning-classic-rb-tracks-cocktails/

2/24/2015

Turning Classic R&B Tracks Into Cocktails

http://courvoisier.com/our-joumey/recipe-tuming-classic-rb-tracks-cocktails/

2/24/2015

Turning Classic R&B Tracks Into Cocktails

http://courvoisier.com/our-joumey/recipe-tuming-classic-rb-tracks-cocktails/

2/24/2015

Turning Classic R&B Tracks Into Cocktails

http://courvoisier.com/our-joumey/recipe-niming-classic-rb-tracks-cocktails/

2/24/2015

Turning Classic R&B Tracks Into Cocktails

http://courvoisier.com/our-jouraey/recipe-ruming-classic-rb-tracks-cocktails/

2/24/2015

Turning Classic R&B Tracks Into Cocktails

http://courvoisier.com/our-jouraey/recipe-nirning-classic-rb-tracks-cocktails/

2/24/2015

Turning Classic R&B Tracks Into Cocktails

http://courvoisier.com/our-jouraey/recipe-turning-classic-rb-tracks-cocktails/

2/24/2015

Turning Classic R&B Tracks Into Cocktails

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/

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http://courvoisier.com/journeys/music/

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Music Archives - Courvoisier

http://courvoisier.com/journeys/music/

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Music Archives - Courvoisier

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Music Archives - Courvoisier

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Music Archives - Courvoisier

http://courvoisier.com/journeys/music/

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EXHIBIT 3

EXHIBIT 4

Courvoisier Presents: Classic R&B Tracks Are Now Cocktails I Complex

2/10/15, 4:09 PM

8+ G8 m

EXCEPTIONAL

V '

Courvoisier Presents: Classic R&B Tracks Are Now Cocktails

PRESENTED BY K'1

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

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Courvoisier Presents: Classic R&B Tracks Are Now Cocktails I Complex

AALIYAH

COCKTAILS

2/10/15, 4:09 PM

COURVOISIER

ON BUST

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