XXXX DISTRICT COURT
FOR THE ________ DISTRICT OF _________
[ENTER NAME],
Plaintiff
vs.
[ENTER NAME],
Defendant
Case No. ______________
Honorable: _____________
COMPLAINT
1. COMES NOW Plaintiff [ENTER NAME], with this complaint against the
Defendant, and alleges as follows:
PARTIES
2. Plaintiff , [ENTER NAME], is an individual of address [ENTER ADDRESS].
3. Defendant, [ENTER NAME] is an individual of address [ENTER
ADDRESS].
JURISDICITON AND VENUE
This Court has subject matter jurisdiction under 28 USC § 1331, on the basis of there
being a federal question relating to 17 U.S. Code § 501.
4. Venue is proper in this district under 28 U.S.C. § 1391 as Plaintiff and/or
Defendant is subject to personal jurisdiction in this state. Plaintiff and/or Defendant lives
within the jurisdiction of this Court. Besides, a substantial part of the acts and omissions
forming the basis of these claims occurred in the _______ District of ______ and arose from
the actions or inactions of the Defendant.
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FACTS
5. Plaintiff is the owner of the mobile application called [Enter Name], which
was on the Google Play Store.
6. On or about [Enter Date], the Defendant sent a fake DCMA.
7. Consequently, Plaintiff sent a counter notice.
8. After the foregoing, Google Inc. sent Plaintiff an email stating that the
Defendant had filed proof that they had filed either an action that seeks a court order to
restrain the allegedly infringing activity or a claim of infringement with the US Copyright
Office Copyright Claims Board (CCB).
9. Accordingly, Google Inc. asked Plaintiff to give proof that Plaintiff opted out
of any Copyright Claims Board claim.
10. Plaintiff therefore files this Complaint in that regard.
CLAIMS FOR RELIEF
COUNT 1
Federal Complaint Infringement
11. Plaintiff incorporates by reference all the allegations of paragraphs 1 through
10 inclusive of this complaint as though set forth herein in full.
12. Plaintiff owns the copyrighted mobile application called [ENTER NAME],
which application Plaintiff registered with the United States Copyright Office on [ENTER
DATE], Registration Number [ENTER NUMBER].
13. Plaintiff has complied in all respects with 17 U.S.C. 101 et seq., and secured
the exclusive rights and privileges in and to the copyright of the above-referenced work.
Plaintiff has been and still is the sole proprietor of all rights, title, and interest in and to the
copyright in their respective work as referenced above.
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14. Defendant seeks to use the Plaintiff’s copyrighted material without the
permission of the Plaintiff. Notably, the Defendant filed a fake DCMA claiming the
ownership of rights and interests in and to the Plaintiff’s copyrighted material.
15. Plaintiff sent a Counter-notification. Defendant has refused to cease and desist
their claim of the rights and interests in and to the Plaintiff’s copyrighted work.
16. Defendants’ conduct violates the exclusive rights belonging to Plaintiff as the
owner of the copyrights in the respective application, including without limitation Plaintiffs’
rights under 17 U.S.C. 106.
17. On information and belief, Plaintiff alleges that, as a direct and proximate
result of their wrongful conduct, Defendant may realize and continue to realize profits and
other benefits rightfully belonging to Plaintiff. Accordingly, Plaintiff seeks an award of
damages pursuant to 17 U.S.C. 504 and 505.
18. Defendant’s infringing conduct shall also cause and is likely to cause
substantial and irreparable injury and damage to Plaintiff in an amount not capable of
determination, and, unless restrained, will cause further irreparable injury, leaving the
Plaintiff with no adequate remedy at law.
19. On information and belief, Defendant has willfully engaged in, and is willfully
engaging in, the acts complained of with oppression, fraud, and malice, and in conscious
disregard of the rights of Plaintiff. Plaintiff is, therefore, entitled to the maximum statutory
damages allowable.
20. As a consequence of this dispute between the parties as to the rights, title, and
interest in the copyright material described above, and pursuant to the Federal Declaratory
Judgment Act, 28 U.S.C. 2201 and 2202, Plaintiff also seeks a resolution of this ongoing
controversy by a declaration of this Court as to the rights of the respective parties in this
matter.
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COUNT 2
Unfair Business Practices
21. Plaintiff incorporates by reference all the allegations of paragraphs 1 through
20 inclusive of this complaint as though set forth herein in full.
22. Defendant has engaged in fraudulent, deceptive, unfair and wrongful conduct
by claiming the rights, interest, and title in and to the Plaintiff’s copyrighted materials, by
filing a fake DCMA.
23. On information and belief, Plaintiff alleges that Defendant has falsely claimed
ownership of the Plaintiff’s copyrighted material, which material was in fact created by
Plaintiff and registered with the United States Copyright Office on [ENTER DATE],
Registration Number [ENTER NUMBER].
24. By reason of Defendant’s fraudulent, deceptive, unfair, and other wrongful
conduct as herein alleged, said Defendant has violated [ENTER STATE] Business and
Professions Code by consummating an unlawful, unfair, and fraudulent business practice,
designed to deprive plaintiff of the profits Plaintiff could have earned had Defendant not
engaged in unfair business practices.
25. By reason of the foregoing, Plaintiff shall suffered and may continue to suffer
damages in a sum which is, as yet unascertained but which will be proven at time of trial.
COUNT 3
Declaratory Relief
26. Plaintiff incorporates by reference all the allegations of paragraphs 1 through
25 inclusive of this complaint as though set forth herein in full.
27. A dispute exists between Plaintiff and Defendant as to the rights, title, and
interest in the copyright material described in paragraph 12 of this complaint.
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28. As a consequence of this dispute between the parties as to the rights, title, and
interest in the copyright material described above, and pursuant to the Federal Declaratory
Judgment Act, 28 U.S.C. 2201 and 2202, Plaintiff also seeks a resolution of this ongoing
controversy by a declaration of this Court as to the rights of the respective parties in this
matter.
PRAYER FOR RELIEF
WHEREFORE, the Plaintiff is entitled to damages from the Defendant, and he hereby
prays that judgment be entered in his favor and against the Defendant as follows:
i. Declaring that Defendant’s conduct violates Plaintiff’s rights under common law
and the Federal Copyright Act;
ii. Immediately and permanently enjoining Defendant, their officers, directors, agents,
servants, employees, representatives, attorneys, related companies, successors,
assigns, and all others in active concert or participation with them from claiming,
copying and republishing any of Plaintiff’s copyrighted articles or copyrighted
material without consent or otherwise infringing Plaintiff’ copyrights or other rights
in any manner;
iii. Awarding Plaintiff actual and/or statutory damages for Defendant’s copyright
infringement in an amount to be determined at trial;
iv. For punitive damages against the Defendant according to proof at the time of trial;
v. Awarding Plaintiff their costs, reasonable attorneys’ fees, and disbursements in this
action, pursuant to 17 U.S.C. 505;
vi. For interest on said damages at 10% per annum;
vii. For a declaration by this Court as to the rights of the respective parties regarding the
ownership and rights, title, and interest in the copyright material described in
paragraph 12 of this complaint;
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viii. Awarding Plaintiff such other and further relief as is just and proper.
Respectfully submitted:
Dated: __________ ______________________________
[ENTER NAME]
ENTER ADDRESS
Pro se
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CERTIFICATE OF MAILING
I, [Enter NAME], certified on this ______day of ________ 2022, I served in the
FEDERAL DISTRICT COURT, upon Defendant and/or Defendant’s representative counsel,
by depositing the Complaint in the United States mail properly addressed to Defendant
through first class postage prepaid prison delivery system, to the address listed below:
[ENTER DEFENDANT’S ADDRESS]
______________________________
[ENTER NAME]
ENTER ADDRESS
Pro se
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