Page 1 COMPLAINT FOR COPYRIGHT INFRINGEMENT

Leonard D. DuBoff, OSB #77437

Email: lduboff@dubofflaw.com
The DuBoff Law Group, LLC
6665 SW Hampton Street, Suite 200
Portland, OR 97223-8357
Telephone: (503) 968-8111
Facsimile: (503) 968-7228

Attorney for Plaintiff, EGO Originals, Inc.




UNITED STATES DISTRICT COURT
DISTRICT OF OREGON
EUGENE DIVISION


EGO Originals, Inc., an Oregon
corporation,

Plaintiff,

v.

Chicos FAS, Inc., a Florida corporation,

Defendant.
Civil Action No. 6:13-CV-986


COMPLAINT FOR COPYRIGHT
INFRINGEMENT

JURY TRIAL REQUESTED


Plaintiff EGO Originals, Inc. (EGO) alleges its action against Defendant Chicos FAS, Inc.
(Chicos) as follows:
Jurisdiction and Venue
1. This is a claim for copyright infringement arising under 17 U.S.C. 501-513.
2. This Court has federal subject matter jurisdiction over this action pursuant to 28
U.S.C. 1331 and 1338.
Case 6:13-cv-00986-TC Document 1 Filed 06/13/13 Page 1 of 4 Page ID#: 1
Page 2 COMPLAINT FOR COPYRIGHT INFRINGEMENT
3. Venue is appropriate in this district pursuant to 28 U.S.C. 1391 and 1400
because the Plaintiff is based in this district, Defendant actively markets its products and services
to customers within the district, and injury has occurred within the district.
Parties
4. Plaintiff EGO is an Oregon corporation with its principal place of business at
61505 American Lane, Bend, Oregon. EGO specializes in the creation of handcrafted fabrics
and garment production for small high end boutiques and galleries featuring Art to Wear.
5. Defendant Chicos FAS, Inc. (Chicos) is a Florida corporation with its
principal place of business at 11215 Metro Parkway Fort Myers, Florida. Chicos is a retailer of
womens clothing that operates stores throughout the continental United States, including in the
state of Oregon.
Claim
FIRST CLAIM FOR RELIEF
(Federal Copyright Infringement)
6. EGO re-alleges and incorporates herein, by reference, each and every allegation
contained in paragraphs 1 through 5 above, as though fully set forth herein.
7. EGO created, and owns the copyright in and to, an image consisting of three
stylized elongated human forms. A photograph of that image (hereinafter, L Block) used by
Plaintiff as part of a surface design on fabric is attached hereto as Exhibit A. EGO filed an
application for registration for this design with the United States Copyright Office on June 11,
2013. Attached as Exhibit B is a true and correct copy of the application.
8. EGO has used the L Block design for numerous products, including but not
limited to the Ruana garment pictured in the attached Exhibit C.
Case 6:13-cv-00986-TC Document 1 Filed 06/13/13 Page 2 of 4 Page ID#: 2
Page 3 COMPLAINT FOR COPYRIGHT INFRINGEMENT
9. Chicos has manufactured and sold the garment it markets as Dramatic Artisan
Burnout Kimono Jacket, pictured in Exhibit D. That garment incorporates the L Block image
as part of the surface design on its fabric.
10. EGO has not authorized Chicos to reproduce the L Block on its Dramatic
Artisan Burnout Kimono Jacket or any other item.
11. EGO has complied in all respects with 17 U.S.C. 101 et seq., and secured the
exclusive rights and privileges in and to the copyrights of the L Block. Plaintiff is the sole
proprietor of all rights, title, and interest in and to the copyrights in the L Block.
12. Defendants conduct violated the exclusive rights belonging to Plaintiff including
without limitation Plaintiffs rights under 17 U.S.C. 106.
13. Based on information and belief, Plaintiff alleges that, as a direct and proximate
result of their wrongful conduct, Defendant has realized profits and other benefits rightfully
belonging to Plaintiff. Accordingly, Plaintiff seeks an award of damages pursuant to 17 U.S.C.
504 and 505.
14. Defendants infringing conduct has also caused and is causing 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.
15. Based on information and belief, Defendant has willfully engaged in, and is
willfully infringing the copyright to the L Block in conscious disregard of the rights of Plaintiff.
Relief Requested
WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
Case 6:13-cv-00986-TC Document 1 Filed 06/13/13 Page 3 of 4 Page ID#: 3
Page 4 COMPLAINT FOR COPYRIGHT INFRINGEMENT
A. Declaring that Defendants unauthorized conduct violates Plaintiffs rights under
the Federal Copyright Act;
B. Immediately and permanently enjoining Defendant, its officers, directors, agents,
employees, representatives, attorneys, related companies, successors, assigns, and all others in
active concert or participation with them from infringing Plaintiffs copyright in the L Block;
C. Ordering Defendant to account to Plaintiff for all gains, profits, and advantages
derived by Defendant by its infringement of Plaintiffs copyrights or such damages as are proper;
D. Awarding Plaintiffs actual damages for Defendants copyright infringement; and
E. Awarding Plaintiff such other and further relief as is just and proper.
Demand for Jury Trial
Pursuant to Fed. R. Civ. P. 38, Plaintiff demands a jury trial on all issues raised in this
Complaint triable to a jury.
DATED: June 13, 2013.

____________________________
Leonard D. DuBoff, OSB # 774378
Email: lduboff@dubofflaw.com
6665 SW Hampton St., Ste. 200
Portland, OR 97223
Telephone: (503) 968-8111
Facsimile: (503) 968-7228

Attorney for Plaintiff, EGO Originals, Inc.

Case 6:13-cv-00986-TC Document 1 Filed 06/13/13 Page 4 of 4 Page ID#: 4
JS 44 (Rev. 12/12)
CIVIL COVER SHEET
The JS 44 civil cover sheet and the inIormation contained herein neither replace nor supplement the Iiling and service oI pleadings or other papers as required by law, except as
provided by local rules oI court. This Iorm, approved by the Judicial ConIerence oI the United States in September 1974, is required Ior the use oI the Clerk oI Court Ior the
purpose oI initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS DEFENDANTS
(b) County oI Residence oI First Listed PlaintiII County oI Residence oI First Listed DeIendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
u 1 U.S. Government u 3 Federal Question PTF DEF PTF DEF
PlaintiII (U.S. Government Not a Party) Citizen oI This State u 1 u 1 Incorporated or Principal Place u 4 u 4
oI Business In This State
u 2 U.S. Government u 4 Diversity Citizen oI Another State u 2 u 2 Incorporated and Principal Place u 5 u 5
DeIendant (Indicate Citizenship of Parties in Item III) oI Business In Another State
Citizen or Subject oI a u 3 u 3 Foreign Nation u 6 u 6
Foreign Country
IV. NATURE OF SUIT (Place an X in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
u 110 Insurance PERSONAL INJURY PERSONAL INJURY u 625 Drug Related Seizure u 422 Appeal 28 USC 158 u 375 False Claims Act
u 120 Marine u 310 Airplane u 365 Personal Injury - oI Property 21 USC 881 u 423 Withdrawal u 400 State Reapportionment
u 130 Miller Act u 315 Airplane Product Product Liability u 690 Other 28 USC 157 u 410 Antitrust
u 140 Negotiable Instrument Liability u 367 Health Care/ u 430 Banks and Banking
u 150 Recovery oI Overpayment u 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS u 450 Commerce
& EnIorcement oI Judgment Slander Personal Injury u 820 Copyrights u 460 Deportation
u 151 Medicare Act u 330 Federal Employers` Product Liability u 830 Patent u 470 Racketeer InIluenced and
u 152 Recovery oI DeIaulted Liability u 368 Asbestos Personal u 840 Trademark Corrupt Organizations
Student Loans u 340 Marine Injury Product u 480 Consumer Credit
(Excludes Veterans) u 345 Marine Product Liability LABOR SOCIAL SECURITY u 490 Cable/Sat TV
u 153 Recovery oI Overpayment Liability PERSONAL PROPERTY u 710 Fair Labor Standards u 861 HIA (1395II) u 850 Securities/Commodities/
oI Veteran`s BeneIits u 350 Motor Vehicle u 370 Other Fraud Act u 862 Black Lung (923) Exchange
u 160 Stockholders` Suits u 355 Motor Vehicle u 371 Truth in Lending u 720 Labor/Management u 863 DIWC/DIWW (405(g)) u 890 Other Statutory Actions
u 190 Other Contract Product Liability u 380 Other Personal Relations u 864 SSID Title XVI u 891 Agricultural Acts
u 195 Contract Product Liability u 360 Other Personal Property Damage u 740 Railway Labor Act u 865 RSI (405(g)) u 893 Environmental Matters
u 196 Franchise Injury u 385 Property Damage u 751 Family and Medical u 895 Freedom oI InIormation
u 362 Personal Injury - Product Liability Leave Act Act
Medical Malpractice u 790 Other Labor Litigation u 896 Arbitration
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS u 791 Employee Retirement FEDERAL TAX SUITS u 899 Administrative Procedure
u 210 Land Condemnation u 440 Other Civil Rights Habeas Corpus: Income Security Act u 870 Taxes (U.S. PlaintiII Act/Review or Appeal oI
u 220 Foreclosure u 441 Voting u 463 Alien Detainee or DeIendant) Agency Decision
u 230 Rent Lease & Ejectment u 442 Employment u 510 Motions to Vacate u 871 IRSThird Party u 950 Constitutionality oI
u 240 Torts to Land u 443 Housing/ Sentence 26 USC 7609 State Statutes
u 245 Tort Product Liability Accommodations u 530 General
u 290 All Other Real Property u 445 Amer. w/Disabilities - u 535 Death Penalty IMMIGRATION
Employment Other: u 462 Naturalization Application
u 446 Amer. w/Disabilities - u 540 Mandamus & Other u 465 Other Immigration
Other u 550 Civil Rights Actions
u 448 Education u 555 Prison Condition
u 560 Civil Detainee -
Conditions oI
ConIinement
V. ORIGIN (Place an X in One Box Only)
u 1 Original
Proceeding
u 2 Removed Irom
State Court
u 3 Remanded Irom
Appellate Court
u 4 Reinstated or
Reopened
u 5 TransIerred Irom
Another District
(specify)
u 6 Multidistrict
Litigation
VI. CAUSE OF ACTION
Cite the U.S. Civil Statute under which you are Iiling (Do not cite jurisdictional statutes unless diversity):

BrieI description oI cause:
VII. REQUESTED IN
COMPLAINT:
u CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
DEMAND $ CHECK YES only iI demanded in complaint:
JURY DEMAND: u Yes u No
VIII. RELATED CASE(S)
IF ANY
(See instructions):
JUDGE DOCKET NUMBER
DATE SIGNATURE OF ATTORNEY OF RECORD
FOR OFFICE USE ONLY
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
EGO Originals, Inc., an Oregon corporation
Deschutes
Leonard D. DuBoff, OSB #77437, The DuBoff Law Group, LLC, 6665
SW Hampton Street, Suite 200, Portland, OR 97223-8357
(503) 968-81111
Chico's FAS, Inc., a Florida corporation
Broward
17 U.S.C.
Copyright infringement of fabric design.
06/13/2013 /s/ Leonard D. DuBoff, OSB #77437
Case 6:13-cv-00986-TC Document 1-1 Filed 06/13/13 Page 1 of 2 Page ID#: 5
JS 44 Reverse (Rev. 1/12)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44
Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the inIormation contained herein neither replaces nor supplements the Iilings and service oI pleading or other papers as
required by law, except as provided by local rules oI court. This Iorm, approved by the Judicial ConIerence oI the United States in September 1974, is
required Ior the use oI the Clerk oI Court Ior the purpose oI initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk oI
Court Ior each civil complaint Iiled. The attorney Iiling a case should complete the Iorm as Iollows:
I.(a) Plaintiffs-Defendants. Enter names (last, Iirst, middle initial) oI plaintiII and deIendant. II the plaintiII or deIendant is a government agency, use
only the Iull name or standard abbreviations. II the plaintiII or deIendant is an oIIicial within a government agency, identiIy Iirst the agency and
then the oIIicial, giving both name and title.
(b) County of Residence. For each civil case Iiled, except U.S. plaintiII cases, enter the name oI the county where the Iirst listed plaintiII resides at the
time oI Iiling. In U.S. plaintiII cases, enter the name oI the county in which the Iirst listed deIendant resides at the time oI Iiling. (NOTE: In land
condemnation cases, the county oI residence oI the "deIendant" is the location oI the tract oI land involved.)
(c) Attorneys. Enter the Iirm name, address, telephone number, and attorney oI record. II there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II. Jurisdiction. The basis oI jurisdiction is set Iorth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one oI the boxes. II there is more than one basis oI jurisdiction, precedence is given in the order shown below.
United States plaintiII. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and oIIicers oI the United States are included here.
United States deIendant. (2) When the plaintiII is suing the United States, its oIIicers or agencies, place an "X" in this box.
Federal question. (3) This reIers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution oI the United States, an amendment
to the Constitution, an act oI Congress or a treaty oI the United States. In cases where the U.S. is a party, the U.S. plaintiII or deIendant code takes
precedence, and box 1 or 2 should be marked.
Diversity oI citizenship. (4) This reIers to suits under 28 U.S.C. 1332, where parties are citizens oI diIIerent states. When Box 4 is checked, the
citizenship oI the diIIerent parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
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section Ior each principal party.
IV. Nature of Suit. Place an "X" in the appropriate box. II the nature oI suit cannot be determined, be sure the cause oI action, in Section VI below, is
suIIicient to enable the deputy clerk or the statistical clerk(s) in the Administrative OIIice to determine the nature oI suit. II the cause Iits more than
one nature oI suit, select the most deIinitive.
V. Origin. Place an "X" in one oI the six boxes.
Original Proceedings. (1) Cases which originate in the United States district courts.
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When the petition Ior removal is granted, check this box.
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date.
Reinstated or Reopened. (4) Check this box Ior cases reinstated or reopened in the district court. Use the reopening date as the Iiling date.
TransIerred Irom Another District. (5) For cases transIerred under Title 28 U.S.C. Section 1404(a). Do not use this Ior within district transIers or
multidistrict litigation transIers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transIerred into the district under authority oI Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI. Cause of Action. Report the civil statute directly related to the cause oI action and give a brieI description oI the cause. Do not cite jurisdictional
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VII. Requested in Complaint. Class Action. Place an "X" in this box iI you are Iiling a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section oI the JS 44 is used to reIerence related pending cases, iI any. II there are related pending cases, insert the docket
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Date and Attorney Signature. Date and sign the civil cover sheet.
Case 6:13-cv-00986-TC Document 1-1 Filed 06/13/13 Page 2 of 2 Page ID#: 6
EXHIBIT A
Page 1 of 1
Case 6:13-cv-00986-TC Document 1-2 Filed 06/13/13 Page 1 of 1 Page ID#: 7
Page 1 of 1
(<
B a c k J j ]
Case Summary:
Case
#: 1-948338271
Title: L-Block
Fee Due: 35.00
Uploa dDeposit is not a llowed.
Type of Case: Work of the Visual Arts
Service Fee Paid: 35.00
Opened: 6/11/2013
Contact Name: Mary DuBoff
Claim Status: Pending
Please review deiiosit copy reQuire, .-ents before proceeding. (Deposit Copy refers to the copy of the work beir
the Copyright Office.)
You may either submit your deposit copy(ies) as (1) an electronic file(s) or (2) by mail. Do not do both.
(1) Electronic upload
(see restrictions): Ensure that your browsers pop-up blocker is disabled.
Click the "Upload Deposit" button in the table below and browse and select the electronic file(s) for the corre
multiple cases in the table, repeat these steps until the files for all cases have been submitted.
When you are finished uploading files for a work, click the corresponding "Upload Complete" button to compl
Electronic Deposit Upload
Step I Upload Deposit Step 2 Upload Complete Upload Status Case # Title . Volume TO Number ,T.-- Issue
}
Upload Deposit j Upload Complete Complete 1-948338271 L-Block
Updates
Comments Activity Type Status Created
Submitted by MADUBOFF on 06/11/2013 upload Deposit Received 6/11/2013 06:12:28 PM
(2) Send by mail:
. Click the "Create Shipping Slip" button in the table below; a Shipping Slip link will appear in the Attachments
Click the Shipping Slip link and print out and attach the shipping slip(s) to your deposit copy(ies). For multiple
attach shipping slips to the corresponding copies.
Mail the deposit copy(ies) within 30 days to the Copyright Office address at the bottom of the slip.
Click "Home" after uploading files(s) or printing shipping slip(s). You may verify the submission in the open Cas
Home page.
Send by Marl
a te Shipping Sli pjI
Attachment Name File Type Size Date and Time
PrivacyAct Notice: Sections 408-410of title 17of the UnitedStates Code authorize the Copyright Office to collect the personallyidentifying informationrequestedontt
providing this informationyouare agreeing to routine uses of the informationthat include publicationto give legal notice of your copyright claimas requiredby17U.S.0
the informationrequested, registrationmaybe refusedor delayed, andyoumaynot be entitledto certainrelief, remedies, andbenefits under the copyright law.
https ://eco .copyright.gov/eService_enu/start.swe?S WERowId 1 -FOM6HR&S WEFields... 6/11/2013
EXHIBIT B
Page 1 of 2
Case 6:13-cv-00986-TC Document 1-3 Filed 06/13/13 Page 1 of 2 Page ID#: 8
Pay.gov Payment Confirmation; Copyright Fee Services
Subject: Pay.gov Payment Confirmation: Copyright Fee Services
From: paygovadmin@maiLdoc.twai.gov
Date: Tue, 11 Jun 2013 17:43:24 -0400 (EDT)
To: "Iduboff@dubofftaw.com11 <Iduboff@dubofflaw.com>
Your payment has been submitted to Pay.gov and the details are below. If you have any
questions or you wish to cancel this payment, please contact Copyright Fee Services at
ctoinfo'loc.gov or 877-476-0778.
Application Name: Copyright Fee Services
Pay.gov Tracking ID: 25B4HUOM
Agency Tracking ID: 1-FOMS8W
Transaction Type: Sale
Transaction Date: Jun 11, 2013 5:43:23 PM
Account Holder Name: Mary Ann DuBoff
Transaction Amount: $35.00
Billing Address: 6665 SW Hampton St
Billing Address 2: Suite 200
City: Portland
State/Province: OR
Zip/Postal Code: 97223
Country: USA
Card Type: MasterCard
Card Number: ************9608
THIS IS AN AUTOMATED MESSAGE. PLEASE DO NOT REPLY.
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EXHIBIT B
Page 2 of 2
Case 6:13-cv-00986-TC Document 1-3 Filed 06/13/13 Page 2 of 2 Page ID#: 9
Case 6:13-cv-00986-TC Document 1-4 Filed 06/13/13 Page 1 of 1 Page ID#: 10
Case 6:13-cv-00986-TC Document 1-5 Filed 06/13/13 Page 1 of 1 Page ID#: 11
AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
__________ District of __________
)
)
)
)
)
)
)
)
)
)
)
)
Plaintiff(s)
v. Civil Action No.
Defendant(s)
SUMMONS IN A CIVIL ACTION
To: (Defendants name and address)
A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date:
Signature of Clerk or Deputy Clerk
District of Oregon
EGO Originals, Inc., an Oregon corporation,
Chico's FAS, Inc., a Florida corporation,
Chico's FAS, Inc., a Florida corporation
c/o Registered agent NRAI SERVICES, INC.
1200 South Pine Island Road
Plantation, FL 33324
Leonard D. DuBoff, OSB #77437
The DuBoff Law Group, LLC
6665 SW Hampton Street, Suite 200
Portland, OR 97223-8357
Telephone: (503) 968-8111
Facsimile: (503) 968-7228
Case 6:13-cv-00986-TC Document 1-6 Filed 06/13/13 Page 1 of 2 Page ID#: 12
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date) .
u I personally served the summons on the individual at (place)
on (date) ; or
u I left the summons at the individuals residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individuals last known address; or
u I served the summons on (name of individual) , who is
designated by law to accept service of process on behalf of (name of organization)
on (date) ; or
u I returned the summons unexecuted because ; or
u Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ .
I declare under penalty of perjury that this information is true.
Date:
Servers signature
Printed name and title
Servers address
Additional information regarding attempted service, etc:
0.00
Case 6:13-cv-00986-TC Document 1-6 Filed 06/13/13 Page 2 of 2 Page ID#: 13