JS 44C/SDNYREV. 4/2014 JUDGE MARRERO civil cover sheet

The JS-44 civil coversheet andthe information contained hereipleadings orother papers asrequired bylaw, except as providiJudicial Conference oftheUnited States inSeptember 1974 Iinitiatingthe civildocket sheet.

splace nofsuppwient the'lies ofcaVnjim form, a|

use of theTlenc of Court

** 'jr- --.

PUINTIFFS

Fairchild Publishing, LLC, a Delaware limited liability company DEFENDANTS

Fashion Snoops, Inc., a NewJersey corporation; and Does 1-10, inclusive

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBERLawrence E. Fabian, Esq. andStephanie Seto, Esq., Law Offices ofLawrence E. Fabian, 437 Fifth Avenue, Suite 801, New York, New York10016 [Phone: 212-644-8096]

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSB(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

Copyright infringement under the Copyright Act of 1976,17 U.S.C. §101 et seq.

Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time? NdH/esQudge Previously Assigned

If yes, was this case Vol. • Invol. • Dismissed. No • Yes • If yes, give date

ATTORNEYS (IF KNOWN)

MAR 2 5

_& Case No.

ISTHIS ANINTERNATIONAL ARBITRATION CASE?

(PLACE AN[x]INONE BOXONLY)

TORTS

No • Yes •

NATURE OF SUIT

CONTRACT PERSONAL INJURY

U110 INSURANCE ( ] 310 AIRPLANE1)120 MARINE ( ] 315 AIRPLANE PRODUCT11130 MILLER ACT LIABILITY1)140 NEGOTIABLE [ ] 320 ASSAULT, LIBEL &

INSTRUMENT SLANDERN150 RECOVERY OF [ 1330 FEDERAL

OVERPAYMENT* EMPLOYERS'ENFORCEMENT LIABIUTYOFJUDGMENT ( 1340 MARINE

I 1151 MEDICARE ACT I ) 345 MARINE PRODUCT11152 RECOVERY OF LIABILITY

DEFAULTED ( J350 MOTOR VEHICLESTUDENT LOANS [ ) 355 MOTOR VEHICLE(EXCLVETERANS) PRODUCT LIABILITY

1)153 RECOVERY OF [ ] 360 OTHER PERSONALOVERPAYMENT INJURYOF VETERAN'S [ ] 362 PERSONAL INJURY -BENEFITS MED MALPRACTICE

[ 1160 STOCKHOLDERSsurra

[J 190 OTHER

CONTRACT11195 CONTRACT

PRODUCT ACTIONS UNDER STATUTESLIABIUTY

[ 1196 FRANCHISE CIVIL RIGHTS

1)440 OTHER CIVIL RIGHTS

REAL PROPERTY (Non-Prisoner)

[ ) 441 VOTING[1210 LAND [ ) 442 EMPLOYMENT

CONDEMNATION [ ]443 HOUSING/[ ]220 FORECLOSURE ACCOMMODATIONS( 1230 RENT LEASES [ ] 445 AMERICANS WITH

EJECTMENT DISABILITIES-I 1240 TORTS TO LAND EMPLOYMENT1)245 TORT PRODUCT [ ] 446 AMERICANS WITH

LIABIUTY DISABILITIES -OTHER

11290 ALL OTHERREAL PROPERTY

[ 1448 EDUCATION

Check ifdemanded in complaint:

CHECK IF THIS IS A CLASS ACTIONUNDER FRCP. 23•

DEMAND $_ OTHER

Check YES only ifdemanded incomplaintJURY DEMAND: 0 YES QlO

PERSONAL INJURY[ 1367 HEALTHCARE/

I1365 PERSONAL INJURY "•"Sf.SS*6""PRODUCT LIABILITY . .^o^Ir

[ 1368 ASBESTOS PERSONAL II8800™"*INJURY PRODUCTLIABILITY

PERSONAL PROPERTY

370 OTHER FRAUD371 TRUTH IN LENDINGn

[ ] 380 OTHER PERSONALPROPERTY DAMAGE

t ] 385 PROPERTY DAMAGEPRODUCT LIABILITY

PRISONER PETITIONS

[ 1463 ALIEN DETAINEE[ ] 510 MOTIONS TO

VACATE SENTENCE

28 USC 2255I ] 530 HABEAS CORPUS| j 535 DEATH PENALTY| ] 540 MANDAMUS & OTHER

PRISONER CIVIL RIGHTS

[ ] 550 CIVIL RIGHTS[ ] 555 PRISON CONDITION[ ] 560 CIVIL DETAINEE

FORFEITURE/PENALTY

LABOR

[ 1710 FAIR LABORSTANDARDS ACT

[ ] 720 LABOR/MGMTRELATIONS

[ I 740 RAILWAY LABOR ACT

[ I 751 FAMILY MEDICALLEAVEACT (FMLA)

[ )790 OTHER LABORLITIGATION

[ 1791 EMPL RET INCSECURITY ACT

IMMIGRATION

( ]462 NATURALIZATIONAPPLICATION

[ ] 465 OTHER IMMIGRATIONACTIONS

CONDITIONS OF CONFINEMENT

ACTIONS UNDER STATUTES

BANKRUPTCY

[ ) 422 APPEAL28 USC 158

[ )423 WITHDRAWAL28 USC 157

PROPERTY RIGHTS

[X]820 COPYRIGHTSI ] 830 PATENT[ ) 840 TRADEMARK

SOCIAL SECURITY

[ )861 HIA(1395fl)[ ] 862 BLACK LUNG (923)[ ] 863 DIWC/DIWW (405(g))[ ) 864 SSID TITLE XVI[ ] 865 RSI (405(a))

FEDERAL TAX SUITS

[ J870 TAXES (U.S. PlaintiffofDafendant)

[ 1871 IRS-THIRD PARTY26 USC 7609

OTHER STATUTES

J 375 FALSE CLAIMSu 400 STATE

REAPPORTIONMENT[ ]410 ANTITRUST[ 1430 BANKS & BANKING[ ] 450 COMMERCE[ 1460 DEPORTATION[ J470 RACKETEER INFLU

ENCED & CORRUPTORGANIZATION ACT(RICO)

( ) 480 CONSUMER CREDIT[ ) 490 CABLE/SATELLITE TV

[ ) 850 SECURITIES/COMMODITIES/EXCHANGE

I 1890 OTHER STATUTORYACTIONS

[ ] 891 AGRICULTURAL ACTS

[ 1893 ENVIRONMENTALMATTERS

[ J 895 FREEDOM OFINFORMATION ACT

[ ) 896 ARBITRATION

[ ] 699 ADMINISTRATIVEPROCEDURE ACT/REVIEW OR

APPEAL OF AGENCY DECISION

( ) 950 CONSTITUTIONALITY OFSTATE STATUTES

D-Og^O^I^M THIS CASE IS RELATED TO ACIVIL CASE NOW PENDING IN S.D.N.Y.?

JUDGE. DOCKET NUMBER

NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).

(PLACEAN xINONEBOXONLY) ORIGIN

ProOTedina LJ 2 Removed from LJ 3 Remanded • 4Reinstated or Q 5Transferred from • 6 Multidistrict • 7Appeal to DistrictState Court from Reopened (Specify District) Litigation Judge from

I I 3. allpartjHr«prai*nud Appellate Magistrate JudgeCourt Judgment

l~1 b. Atleast oneparty It pro se.

(PLACEAN x INONEBOXONLY) PACK OC IIimcni—-inncAt ,,o ™..^.^ r-,o r—- BASIS OF JURISDICTION IF DIVERSITY, INDICATEW\ U.S. PLAINTIFF D 2 U.S. DEFENDANT Q 3 FEDERAL QUESTION • 4 DIVERSITY CITIZENSHIP BELOW.

s,. (U.S. NOT A PARTY)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)(Place an[X] in onebox for Plaintiff and onebox for Defendant)

PTF DEr PTF nFF dtp r\r-r-CITIZEN OF THIS STATE []1 [,1 CmZEN OR SUBJECT OF A []3[f3 INCORPORATED and PRINCIPAL PLACE

FOREIGN COUNTRY OF BUSINESS IN ANOTHER STATE

CITIZEN OF ANOTHER STATE |]2 (]2 INCORPORATED or PRINCIPAL PLACE []4[]4 FOREIGN NATION MB r16OF BUSINESS IN THIS STATE

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)Fairchild Publishing, LLC, 475 Fifth Avenue, New York, New York 10017 (County of New York)

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

Fashion Snoops, Inc., 39 West 38th Street, 8th Floor, New York, New York 10018 (County of New York)

Does 1-10, inclusive., 39 West 38th Street, 8th Floor, New York, New York 10018 (County of New York)

DEFENDANT(S) ADDRESS UNKNOWNREPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, IHAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN

RESIbENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Checkone: THIS ACTION SHOULD BE ASSIGNED TO: • WHITE PLAINS 0 MANHATTAN(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTSCOMPLAINT.)

DATE SIGNATURE OF ATTORNEY OF RECORD ADMITTED TO PRACTICE IN THIS DISTRICT3/2<;m ^w^-<5:/^-^ mno

ocrclDT „ [*1 YES (DATE ADMITTED Mo. Yr. 1970 )Ktobir l * Attorney Bar Code #-6251

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

Magistrate Judge Mij, «,_!,•.- nuiki._l is so Designated.

Ruby J. Krajick, Clerk ofCourt by Deputy Clerk, DATED .

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

Lawrence E. Fabian, Esq. (6251)Stephanie Seto, Esq. (5410)LAW OFFICES OF LAWRENCE E. FABIAN

437 Fifth Avenue, Suite 801New York, New York 10016 JUDGE MARREROPhone: 212-644-8096

Fax:212-644-4217

lfabian@lfabianlaw.comAttorneys For PlaintiffFairchild Publish*

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

IS CV 2263

FAIRCHILD PUBLISHING, LLC, a Delaware Case No. _1 _limited liability company, ^ V

Plaintiff,

-against-

FASHION SNOOPS, INC., a New Jersey corporation;and DOES 1 through 10, inclusive,

Defendants.

COMPLAINT FOR COPYRIGHT INFRINGEMENT

Plaintiff Fairchild Publishing, LLC, doing business as Fairchild Fashion Media and

Women's Wear Daily ("WWD" or "Plaintiff), as and for its complaint hereby alleges as

follows:

INTRODUCTION

1. In the Twenty-First Century, piracy has re-emerged on the world scene as

one of the greatest threats to private enterprise. Just as the seafaring pirates of old dedicated their

lives to robbery and pillaging, so too have the digital pirates of the modern era ravaged

legitimate businesses and the livelihoods of the dedicated professionals they employ. With a

simple click of a mouse anda "cut and paste" command, these digital pirates shamelessly steal

the work of others and pass it off as their own.

WWD is one of the leading fashion publications in the United States, and has

commanded respect in the fashion industry for over 100 years due to its in-depth articles and

exclusive interviews. WWD's crack team of journalists is regarded as second to none in the

industry. However, WWD's leading positionhas made it a target for digitalpirates. This

unlawful behavior cannot stand. The ceaseless and flagrant thievery of WWD's exclusive,

copyrighted content has left WWD withno option but to fight back. Withthis action, WWD

takes the fight directly to the pirates.

Without properly attributingownership of fashion related content, pirates such as

Defendant Fashion Snoops and similarwebsites like "The Business of Fashion"and "Buro 24/7"

do nothing morethan monitor, copy and redirect viewers away from website owners that spend

significant resources to generate unique and proprietary industry content. Withoutthe court's

intervention, media companies, such as Plaintiff, are unable to realize the benefits from

substantial investment in developing original, innovative and ground breaking news stories.

Plaintiffs very existence is threatened by Defendants, whose entire business models are created

around depriving original content owners of the value of their resources. If the parasitic practice

of freeloading and stealing reporters' hard work and original copyrighted content is allowed to

continue, media companies will not be able to continue to provide the readership with

investigative news and information.

2. Plaintiff owns and operates Women's Wear Daily ("WWD"), the daily

printpublication for fashion, retail and beauty commercial markets and communities and the

consumer media that covers those markets and communities.

3. For more than 100 years WWD has been the daily media of record and

the industry voice of authority for senior executives in the global women's and men's fashion,

retail and beauty communities and the consumer media that cover the market.

4. Often referred to as "the fashion bible," WWD provides timely, credible

business news and key fashion trends to a dedicated readership of retailers, designers,

manufacturers, marketers, financiers, Wall Street analysts, international moguls, media

executives, ad agencies, trend-makers and socialites.

5. Websites such as Defendant Fashion Snoops, Inc.

(www.fashionsnoops360.com) ("Fashion Snoops") and others, such as "The Business of

Fashion" (www.businessoffashion.com) and "Buro 24/7" (www.buro247.com) are stealing and

reposting WWD's content without permission.

6. Defendants' business model is based on stealing and unlawfully copying

proprietary WWD work. Others have noticed this disturbing trend in the fashion industry. The

German fashion publication Achtung Zeitschrift fur Mode recently commented: "Having looked

at [Business of Fashion's] editorial content over [a] several weeks, we realized nearly two thirds

of the contents are lifted off of other websites... as the site lures you to believe that you're

reading a Business of Fashion article when really what you're actually looking at are story

headlines blatantly lifted from Reuters, Bloomberg News, The New York Times or even WWD."

7. WWD expends great resources to have the finest writers break innovative,

cutting-edge stories in the world of fashion.

8. The WWD brand is largely defined and dictated by the value of its

originallycreated intellectual property. It is absolutely essential that intellectual property rights

and assets be mightily protected from thievery, such as that exhibited by Defendant Fashion

Snoops and companies operating under the same business model, including "The Business of

Fashion".

JURISDICTION AND VENUE

9. This action asserts claims for copyright infringement under the Copyright

Act of 1976, 17 U.S.C. § 101 et seq. (the "Copyright Act"). This Court has original subject

matter jurisdiction over this action under the Copyright Act and pursuant to 28 U.S.C. § 1338(a)

and 28 U.S.C. § 1331.

10. This Court has personal jurisdiction over the Defendants because

Defendants conduct business in this judicial district, purposefully directs substantial activities at

the residents of New York by means of the website(s) described herein, the acts of infringement

complained of herein are believed to have occurred in this judicial district, and/or the Defendants

otherwise can be found in this judicial district. This Court also has personal jurisdiction over

Defendants under the applicable long-arm jurisdictional statutes of New York.

11. Venue is proper in this Court pursuant to 28 U.S.C. § 1391 because the

Defendants reside in this judicial district, the Defendants do business in this judicial district

and/or a substantial part of the events or omissions giving rise to the causes of action occurred in

this judicial district.

THE PARTIES

12. Plaintiff Fairchild Publishing, LLC ("Plaintiff) is a Delaware limited

liability company organized and existing under the laws of the State of Delaware, registered and

doing business in the State of New York at its principal place of business at 475 Fifth Avenue,

New York, New York 10017.

13. Plaintiff publishes the Women's Wear Daily, or "WWD", print publication

and owns and operates the WWD website (www.wwd.com).

14. Plaintiff is qualified to do business as a foreign entity in the State of New

York and is the owner or authorized user of all copyrights for the content on WWD, including

the copyrighted materials at issue in this matter.

15. On information and belief, Defendant Fashion Snoops, Inc., is a New

Jersey corporation, doing business in the State of New York as Fashion Snoops NY at 39 West

38th Street, 8th Floor, NewYork, NewYork, 10018.

16. Plaintiff is informed and believes, and on that basis alleges, that

Defendants Does 1 through 10(collectively "Doe Defendants"), inclusive, are corporations,

companies, partnerships, proprietorships, unincorporated associations, and/or individuals whose

identities and addresses arepresently unknown to Plaintiff andare notpresently capable of

ascertainment.

17. Plaintiff is informed and believes, and on that basis alleges, that the Doe

Defendants assist, support, andparticipate withthe othernamed Defendants in copying,

publishing and posting the infringing content inviolation ofthe rights ofPlaintiff, as more fully

alleged herein, and accordingly are or will besubject to the jurisdiction of this Court.

18. Plaintiffwill amendits pleadings to allege the true identities of the Doe

Defendants when their respective identities are ascertained.

FACTS COMMON TO ALL CLAIMS FOR RELIEF

19. Plaintiff Fairchild Publishing, LLC is a New York-based publishing

company which owns and publishes the Women's Wear Daily print publication and also owns

the WWD website (www.wwd.com).

20. Defendants own and operate a website known as Fashion Snoops 360

(www.fashionsnoops360.com) ("Fashion Snoops"), and without permission or authorization

from Plaintiff are, on a regular basis, wholesale copying and displaying WWD stories and

reposting them onits website. The following represents a summary ofcertain articles posted on

WWD's website and subsequently copied and reposted by Fashion Snoops:

WWD

Alexander Wang's Kickoff at BergdorfGoodman

http://www.wwd.com/retail-news/specialtv-stores/alexander-wangs-kickoff-at-bergdorf-goodman-8151678

Copyright Registration Ref#

FashionSnoops360Alexander Wang's Kickoff at BergdorfGoodman

http://fashionsnoops360.com/alexander-wangs-kickoff-at-bergdorf-goodman/

WWD FashionSnoops3601-2108642039

Dress Barn Sharpens Image, AddsDesigner Collaborationshttp://www.wwd.com/retail-news/specialtv-stores/dress-barn-raises-the-bar-on-dresses-8149005

Copyright Registration Ref#1-2108571732

Dress Barn Sharpens Image, Adds DesignerCollaborations

http://fashionsnoops360.com/dress-barn-sharpens-image-adds-designer-collaborations/

Full World of Kors to Open in Ginzahttp://www.wwd.com/retail-news/retail-features/full-world-of-kors-to-open-in-ginza-8134085

Copyright Registration Ref#1-2108571817

Full World of Kors to Open in Ginzahttp://fashionsnoops360.com/full-world-of-kors-to-open-in-ginza/

Moschino Opens First U.S. Boutique inLos Angeleshttp://www.wwd.com/retail-news/designer-luxurv/moschino-opens-first-us-boutique-in-los-angeles-8121238

Copyright Registration Ref#1-2108571902

Moschino Opens First U.S. Boutique in LosAngeleshttp://fashionsnoops360.com/moschino-opens-first-u-s-boutique-in-los-angeles/

Macy's Latin Turn With Thaliahttp://www.wwd.com/retail-news/people/macvs-latin-turn-with-thalia-8122155

Copyright Registration Ref#1-2108571937

Macy's Latin Turn With Thaliahttp://fashionsnoops360.com/macvs-latin-turn-with-thalia/

U.S Will Not Reinstate Trade Benefits for

Bangladeshhttp://www.wwd.com/business-news/government-trade/us-will-not-reinstate-trade-benefits-for-bangladesh-8112545

Copyright Registration Ref#

U.S Will Not Reinstate Trade Benefits for

Bangladeshhttp://fashionsnoops360.com/u-s-will-not-reinstate-trade-benefits-for-bangladesh/

WWD

1-2108571972

Wet Seal Goes Bankrupt, Gets Financinghttp://www.wwd.com/business-news/financial/wet-seal-goes-bankrupt-gets-financing-8112108

Copyright Registration Ref#1-2108592352

FIT Museum to Honor Lauren Bacall

http://www.wwd.com/fashion-news/fashion-features/fit-museum-to-

honor-lauren-bacall-8108071

Copyright Registration Ref#1-2108592477

EBay Unveils Retail Platform: All AboutOmni

http://www.wwd.com/media-news/digital/save-that-sale-ebay-unveils-platform-8105937

Copyright Registration Ref#1-2108592543

Macy's to Close 14 Stores, RestructureTeam

http://www.wwd.com/retail-news/department-stores/macys-to-close-14-stores-restructure-team-8093631

Copyright Registration Ref#1-2108641693

Target Links With Lilly Pulitzerhttp://www.wwd.com/retail-news/mass-off-price/target-links-with-lilly-pulitzer-8091071

Copyright Registration Ref#1-2108641758

FashionSnoops360

Wet Seal Goes Bankrupt, Gets Financinghttp://fashionsnoops360.com/wet-seal-goes-bankrupt-gets-financing/

FIT Museum to Honor Lauren Bacall

http://fashionsnoops360.com/fit-museum-to-honor-lauren-bacall/

EBay Unveils Retail Platform: All AboutOmni

http://fashionsnoops360.com/ebay-unveils-retail-platform-all-about-omni/

Macy's to Close 14 Stores, RestructureTeam

http://fashionsnoops360.com/macys-to-close-14-stores-restructure-team/

Target Links With Lilly Pulitzerhttp://fashionsnoops360.com/target-links-with-lilly-pulitzer/

WWD

Saban Brands Purchases Mambo

http://www.wwd.com/business-news/mergers-acquisitions/saban-brands-purchases-mambo-8089760

Copyright Registration Ref#1-2108641974

Changes at NYFW: IMG to Buy Made,Change Namehttp://www.wwd.com/fashion-news/fashion-features/changes-at-nyfw-img-to-buv-made-8088600

Copyright Registration Ref#1-2113148471

Digital Boom Kickstarts Holiday DeliveryRush

http://www.wwd.com/retail-news/direct-internet-catalogue/digital-boom-kickstarts-deliverv-rush-8084633

Copyright Registration Ref#1-2114158636

Hudson's Bay Names Gerald Storch CEOhttp://www.wwd.com/business-news/human-resources/hudsons-bay-

names-storch-ceo-8079684

Copyright Registration Ref#1-2108599562

FashionSnoops360Saban Brands Purchases Mambo

http://fashionsnoops360.com/saban-brands-purchases-mambo/

Changes at NYFW: IMG to Buy Made,Change Namehttp://fashionsnoops360.com/changes-at-nyfw-img-to-buy-made-change-name/

Digital Boom Kickstarts Holiday DeliveryRush

http://fashionsnoops360.com/digital-boom-kickstarts-holiday-deliverv-rush/

Hudson's Bay Names Gerald Storch CEOhttp://fashionsnoops360.com/hudsons-bay-names-gerald-storch-ceo/

21. The above 15 articles containing original content, protected by copyright

owned by Plaintiff, and posted on Plaintiffs WWD website which is also owned by Plaintiff,

represent the "Copyrighted Materials" at issue in this matter.

22. As the sheer breadth of the foregoing demonstrates, rather than engage in

true journalism, Defendants have instead monitored, copied and regurgitated word for word

WWD's hard-earned and created content.

23. Upon information and belief, Defendants shamelessly steal WWD's

content no matter the story's size, and no matter how unique the posting and therefore have

engaged in the misconduct knowingly and in violation of the United Sates copyright laws.

COUNT I

COPYRIGHT INFRINGEMENT

(17 U.S.C. § 501 et seq.)(Against All Defendants)

24. Plaintiff realleges and incorporates herein by reference paragraphs 1

through 23 as though fully set forth herein.

25 The Copyrighted Materials contain original content, created by

Plaintiff in which Plaintiff owns protectable copyright.

26. Plaintiff is the sole and exclusive owner of all right, title, and

interest in and to the copyrights for the Copyrighted Materials. Prior to filing this complaint,

Plaintiff submitted fifteen applications to the United States Copyright Office to obtain copyrights

in the Copyrighted Materials (the "Copyrights").

27. Plaintiff has invested significant time and money in building the WWD

name and reputation as a cutting edge publisher of fashion news and stories.

28. Upon Information and belief, Defendants copied the Copyrighted

Materials verbatim.

29. Defendants utilized the Copyrighted Materials as the framework for the

identical content on their website.

30. In most instances, Defendants copied the Copyrighted Materials

verbatim.

31. Upon information and belief, Defendants copying and posting

Copyrighted Materials is on websites that Defendants own and for which Defendants control/and

are responsible.

32. On information and belief, the Defendants' websites are monetized in that

they contain paid advertisements and/or sell merchandise to the public and Defendants profit

from these activities.

33. Without permission or authorization from Plaintiff, Defendants copied

and/or displayed Plaintiffs Copyrighted Materials as set forth in paragraph 20, thereby infringing

on Plaintiffs Copyrights herein collectively referred to as the "Infringements").

34. As set forth in Paragraph 20, each listed Infringement contains the "URL"

("Uniform Resource Locator") for a fixed tangible medium of expression that was sufficiently

permanent or stable to permit it to be communicated for a period of more than transitory duration

and constitutes a specific item of infringement.

35. On information and belief, Defendants were aware of facts or

circumstances from which it was apparent Defendants actions were unlawful copying of

Plaintiffs Copyrighted Materials.

36. Upon information and belief, based on the totality of the circumstances,

Defendants cannot claim that they were not aware of the infringing activities, including the

specific Infringements which form the basis of this complaint, on Defendants' websites since

such claim would amount to willful blindness to the Infringements on the part of the Defendants.

37. Upon information and belief, Defendants' actions were willful,

intentional, and purposeful in disregard of Plaintiffs Copyrights and Defendants engaged in the

Infringement(s) knowingly and in violation of applicable Copyright Law.

38. Upon information and belief, Defendants have received a financial benefit

directly attributable to the Infringements. Specifically, by way of the Infringements, the

Defendants' websites had increased traffic to and, in return and increase in their advertising

revenues and/or merchandise sales.

10

39. Upon information and belief, a large number of people have viewed the

unlawful copies of the Copyrighted Materials on the Defendants' websites.

40. Upon information and belief, Defendants at all times had the ability to

stop the reproduction and display of the Copyrighted Materials.

41. As a direct and proximate cause of Defendants' infringement of

Plaintiffs Copyrights and exclusive rights under the Copyright Act, Plaintiff has been

substantially harmed is entitled to damages and disgorgement of Defendants' profits pursuant to

17 U.S.C. § 504(b) of the Copyright Act for each infringement.

42. Alternatively, Plaintiff is entitled to the maximum statutory

damages pursuant to 17 U.S.C. § 504(c) of the Copyright Act in the amount of $150,000 with

respect to each work infringed, or such other amounts as may be proper under 17 U.S.C. §

504(b).

COUNT II

INJUNCTIVE RELIEF

(17 U.S.C. § 502.)(Against All Defendants)

43. Plaintiff realleges and incorporates herein by reference paragraphs 1

through 42 as though fully set forth herein.

44. Defendants' conduct is causing and, unless enjoined and restrained

by this Court, will continue to cause Plaintiff great and irreparable injury that cannot be fully

compensated or measured in money. Plaintiff has no adequate remedy at law.

45. Pursuant to 17 U.S.C. § 502 of the Copyright Act, Plaintiff is entitled to a

preliminary and permanent injunction prohibiting further infringement of Plaintiffs Copyrights.

11

COUNT III

ATTORNEYS FEES AND COSTS

(Attorneys Fees and Costs Pursuant to 17 U.S.C. § 505)(Against All Defendants)

46. Plaintiff realleges and incorporates herein by reference paragraphs

1 through 45 as though fully set forth herein.

47. Plaintiff requests, attorneys' fees and costs pursuant to 17 U.S.C. § 505 of

the Copyright Act.

DEMAND FOR JURY TRIAL

Plaintiff demands a jury trial on all issues for which a jury may be impaneled in this

matter pursuant to Federal Rule of Procedure 38.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment in its favor and against Defendants, and each

of them, as follows:

1. That the Court enter judgment finding Defendants have infringed directly,

contributorily as well as have induced others to violation of Plaintiffs rights to the Copyrighted

Materials in violation of 17 U.S.C. § 501 et seq. and award damages and monetary relief as

follows:

a. For actual damages for copyright infringement pursuant to 17 U.S.C. §

504(a)(1) & (b) and for an accounting and disgorgement by Defendants to Plaintiff of all profits

derived by Defendants from their acts of copyright infringement and misappropriation and to

reimburse Plaintiff for all damages suffered by Plaintiff by reason of Defendants acts, pursuant

to 17 U.S.C. § 504(a)(1) & (b), or in the alternative, for statutory damages for each and every

copyright infringement, including willful infringement, in accordance with 17 U.S.C. § 504(a)(2)

& (c) in an amount of $150,000 per infringement;

12

b. For the entry of an injunction providing that Defendants, their officers,

agents, servants, employees, representatives, and attorneys, and all person in active concert or

participation with them, be permanently enjoined from designing, copying, reproducing,

displaying, promoting, advertising, distributing, misappropriating or selling, or any other form of

dealing or transaction in, any and all advertising and promotional materials, print, media, signs,

Internet web sites, or any other media, either now known or hereafter devised, bearing any

design or mark which infringe, contributorily infringe, or vicariously infringe upon Plaintiffs

rights in the Copyrighted Materials or any other copyrighted work of Plaintiff, whether now in

existence or later created pursuant to 17 U.S.C. § 502;

c. For attorney's fees, costs and interest pursuant to 17 U.S.C. § 505;

2. For any such other and further relief as the Court may deem just and appropriate.

Plaintiff hereby demands a jury trial.

Dated: March 25, 2015New York, New York

Respectfully submitted,

LAW OFFICES OF LAWRENCE E. FABIAN

By: 'vC_x^ 6\W^-Lawrence E. Fabian, Esq. (6251)Stephanie Seto, Esq. (5410)437 FIFTH AVENUE, SUITE 801NEW YORK, NEW YORK 10016-2205

Phone: 212-644-8096

Fax: 212-644-4217

lfabian@lfabianlaw.comAttorneys For PlaintiffFairchild Publishing, LLC

13