CM/ECF - District of Minnesota - Live

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CLOSED,CV

U.S. District Court District of Minnesota (DMN) CIVIL DOCKET FOR CASE #: 0:10-cv-03424-DWF-JJG

Masterfile Corporation v. Central Portfolio Control, Inc. Assigned to: Judge Donovan W. Frank Referred to: Magistrate Judge Jeanne J. Graham Cause: 17:101 Copyright Infringement

Date Filed: 08/11/2010 Date Terminated: 11/30/2010 Jury Demand: None Nature of Suit: 820 Copyright Jurisdiction: Federal Question

Date Filed 08/11/2010

Docket Text

1 COMPLAINT against Central Portfolio Control, Inc. ( Filing fee $ 350 receipt number 4047647.) assigned to Judge Donovan W Frank per Master list referred to Magistrate Judge Jeanne J Graham, filed by Masterfile Corporation. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Civil Cover Sheet) (LPH) (Entered: 08/12/2010) Summons Issued as to Central Portfolio Control, Inc. (LPH) (Entered: 08/12/2010) 2 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Plaintiff Masterfile Corporation. (LPH) (Entered: 08/12/2010) 3 SUMMONS Returned Executed by Masterfile Corporation. Central Portfolio Control, Inc. served on 8/12/2010, answer due 9/2/2010. (Boyd, Felicia) (Entered: 08/17/2010) 4 STIPULATION re 1 Complaint, Extending Time for Defendant Central Portfolio Control, Inc. to Respond to Complaint through September 23, 2010 by all parties. (Attachments: # 1 Certificate of Service).(Poncin, Michael) Modified text on 8/31/2010 (MMP). (Entered: 08/31/2010) 5 ORDER re: Stipulation to extend time to respond to the Complaint. Central Portfolio Control, Inc. answer due 9/23/2010. Signed by Magistrate Judge Jeanne J. Graham on 8/31/10. (RLR) (Entered: 09/01/2010) 6 STIPULATION EXTENDING TIME TO ANSWER THE COMPLAINT by Central Portfolio Control, Inc., Masterfile Corporation. (Boyd, Felicia) (Entered: 09/17/2010) 7 ORDER re 6 Stipulation filed by Central Portfolio Control, Inc., Masterfile Corporation. Central Portfolio Control, Inc. answer due 10/1/2010. Signed by Magistrate Judge Jeanne J. Graham on 9/20/10. (RLR) (Entered: 09/20/2010) 8 ANSWER to Complaint by Central Portfolio Control, Inc. (Attachments: # 1 Certificate of Service) (Kostolnik, Matthew) Modified text on 10/1/2010 (MMP). (Entered: 10/01/2010)

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https://ecf.mnd.uscourts.gov/cgi-bin/DktRpt.pl?287787483097137-L_1_0-1

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9 NOTICE of Setting Hearing: Pretrial Conference set for 11/2/2010 09:30 AM, by telephone, before Magistrate Judge Jeanne J. Graham. (Attachments: # 1 Consent Form)(RLR) (Entered: 10/13/2010) 10 REPORT of Rule 26(f) Planning Meeting by Central Portfolio Control, Inc., Masterfile Corporation.(Boyd, Felicia) (Entered: 10/25/2010) 11 Minute Entry for proceedings held before Magistrate Judge Jeanne J. Graham: Rule 16 Discovery Conference held on 11/2/2010. Pretrial Order to be issued. (RLR) (Entered: 11/04/2010) 12 PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 12/30/2010. Discovery due by 4/30/2011. Motions (non-disp) due 5/15/2011. Motions (disp) due by 9/15/2011. Ready for trial due by 12/30/2011. Signed by Magistrate Judge Jeanne J. Graham on 11/4/10. (RLR) (Entered: 11/04/2010) 13 STIPULATION of Dismissal With Prejudice by Central Portfolio Control, Inc., Masterfile Corporation. (Boyd, Felicia) (Entered: 11/29/2010) 14 ORDER OF DISMISSAL WITH PREJUDICE. Signed by Judge Donovan W. Frank on 11/30/2010. (BJS) (Entered: 11/30/2010) 15 JUDGMENT (Attachments: # 1 Civil Notice - appeal, # 2 Civil-8th Circuit Pre-Hearing Conference Notice). (LMB) (Entered: 12/01/2010)

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CASE 0:10-cv-03424-DWF-JJG Document 1 Filed 08/11/10 Page 1 of 5

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

MASTERFILE CORPORATION, Plaintiff, Civil File No. ____________________ v. CENTRAL PORTFOLIO CONTROL, INC., Defendant.

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF Plaintiff Masterfile Corporation (Masterfile), as and for its complaint against Defendant, Central Portfolio Control, Inc. (Defendant), alleges as follows: JURISDICTION AND VENUE 1. This claim arises under the provisions of the Copyright Act of the United States,

as amended, 17 U.S.C. 101 et seq., and is for infringement of copyrights registered in the Copyright Office of the United States. Masterfile alleges a claim of copyright infringement based upon Defendants unauthorized public display and reproduction of five (5) of Masterfiles copyrighted images. 2. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

1331 and 1338(a), and personal jurisdiction over Defendant pursuant to 28 U.S.C. 1391(b) and (c). 3. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b) and (c).

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PARTIES 4. Masterfile is a well known stock photography company with its principal place of

business at 3 Concorde Gate, 4th Floor, Toronto, Ontario, Canada M3C 3N7. Masterfile is in the business of licensing reproduction rights in images to users for a fee. 5. Upon information and belief, defendant Central Portfolio Control, Inc. does, and

at all relevant times did, business as with its principal place of business at 6640 Shady Oak Road, Suite 300, Eden Prairie, MN 55344. 6. Defendant is a debt collection agency and maintains a website for this purpose at

www.cpcpayments.com (the Website). 7. Upon information and belief, Defendant provides its services and products to

clients in Minnesota, and solicits clients in Minnesota through the Website. FACTS 8. Masterfile, a stock photography company, acquires, organizes, distributes and

licenses images for commercial use in media ranging from print advertising to websites. 9. Masterfile owns and operates a website located at the URL www.masterfile.com

whereby professional photo users are able to search Masterfiles database of images in order to license selected images for an appropriate license fee. 10. Masterfiles images are acquired under exclusive contract from professional

photographers and illustrators who are paid a royalty every time an image is licensed. 11. By assignment agreements executed pursuant to contracts between Masterfile and

the photographers it represents, Masterfile is the assignee of copyright in the images it acquires for its collection from photographers. 12. As part of its usual course of business, Masterfile registers all images in its

collection with the Copyright Office. 2

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13. 14.

Masterfile is the assignee of copyright in the five Images identified in Exhibit A. Masterfile registered its copyright in and to the Images with the United States

Copyright Office and holds valid certificates of registration in the Images, effective as of July 17, 2000. The Certificates of Registration are attached as Exhibit B. 15. On or about March 23, 2010, Masterfile discovered that Defendant was displaying

the Images on the Website owned by Defendant. A printout from a page of Defendants Website displaying the Images is attached as Exhibit C. 16. On March 23, 2010, Masterfile notified Defendant that Defendants unauthorized

use of the Images violates Masterfiles exclusive rights as copyright owner pursuant to 17 U.S.C 106, and gave Defendant an opportunity to enter into a retroactive licensing agreement to make payment for Defendants past unauthorized use prior to instituting the present action. 17. Despite Masterfiles repeated requests for payment, Defendant refused to

compensate Masterfile for Defendants unauthorized use of the Images on the Website. 18. Defendant has represented that it removed the infringing images from its Website. COUNT I Infringement Of Copyright - Copyright Act, 17 U.S.C. 501 et seq. 19. Masterfile incorporates by reference each and every averment contained in

paragraphs 1 through 18 above, 20. Defendant infringed Masterfiles copyrights in the Images by reproducing and

publicly displaying the Images on the Website for advertising purposes. Defendant is not, and has never been, licensed or otherwise authorized to reproduce, display, distribute or use the Images. 21. Defendants conduct in reproducing and publicly displaying the Images

constitutes copyright infringement under the Copyright Act of 1976, 17 U.S.C 501. 3

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22.

The infringement of Masterfiles rights in and to each of the Images constitutes a

separate and distinct act of infringement. 23. The foregoing acts of infringement by Defendant have been willful, intentional,

and purposeful, in disregard of and indifference to Masterfiles rights. 24. As a result of the copyright infringement described above, Masterfile is entitled to

relief, including, but not limited to, injunctive relief, actual or statutory damages, statutory costs and attorneys fees and prejudgment interest. PRAYER FOR RELIEF WHEREFORE, Masterfile prays that this Court: A. Preliminarily and permanently enjoin Defendant, its officers, directors, principals,

agents, servants, employees, successors and assigns from: (a) copying, or making any unauthorized use of the Images, in any form, including but not limited to print or electronic use; (b) manufacturing, producing, distributing, circulating, selling, offering for sale, advertising, promoting or displaying any promotional material bearing any simulation, reproduction, counterfeit, or copy of the Images; and (c) using any simulation, reproduction, counterfeit, or copy of the Images, in connection with the promotion, advertisement, display, sale, offering for sale, manufacture, production, circulation or distribution of any product or service of Defendant. B. Direct Defendant to deliver for destruction all products, magazines, signs, prints,

packages, dies, wrappers, receptacles, digital files and advertisements in their possession or under their control, bearing the Images, or any simulation, reproduction, counterfeit, or copy, and all plates, molds, matrices and other means of making the same. 4

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C.

Direct Defendant to account for and relinquish to Masterfile all gains, profits, and

advantages derived by Defendant through Defendants infringement of Masterfiles copyrights. D. Alternatively, direct Defendant to pay to Masterfile such damages, including

statutory damages of up to $30,000 per Image, as Masterfile is entitled to as a consequence of Defendants infringement of Masterfiles copyrights in its Images. E. fees. F. Award to Masterfile prejudgment interest on the amount of the award to Award to Masterfile the costs of this action together with reasonable attorneys

Masterfile, and; G. proper. BARNES & THORNBURG LLP Dated: August 11, 2010 By: s/Felicia J. Boyd Felicia J. Boyd (#186168) 100 South Fifth Street, Suite 1100 Minneapolis, Minnesota 55402 Telephone: (612) 342-0329 Facsimile: (612) 333-6798 felicia.boyd@btlaw.com Attorneys for Plaintiff MASTERFILE CORPORATION Award to Masterfile such other and further relief as the Court may deem just and

MIDS01 FBOYD 623876v1