1

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

CIVIL ACTION NO.
IRAN WATSON,

Plaintiff,

vs.

KAPPA MAP GROUP, LLC,

Defendant.
_______________________________________/

COMPLAINT

Plaintiff, IRAN WATSON. (Watson) by and through undersigned counsel,
hereby brings this Complaint against KAPPA MAP GROUP, LLC, and states as
follows:
1. This is an action arising under the Copyright Act, 17 U.S.C. 501
and 1202.
2. This Court has subject matter jurisdiction over these claims pursuant
to 15 U.S.C. 1121, and 28 U.S.C. 1331, 1338(a).
3. The Defendant is subject to personal jurisdiction in Georgia.
4. Venue is proper in this district under 28 U.S.C. 1391(b) and (c) and
1400(a) because the events giving rise to the claims occurred in this district, the
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Defendant engaged in infringement in this district, and the Defendant is subject to

personal jurisdiction in this district.
PARTIES
5. IRAN WATSON (Watson) is a real estate and architectural
photographer who provides high-end real estate and architectural photography
services to real estate brokers and developers in the Atlanta area.
6. KAPPA MAP GROUP, LLC (KAPPA) is a Pennsylvania limited
liability company with its principal office at 6198 Butler Pike, Blue Bell, PA
19422, and a registered address of 40 E Skippack Pike, Fort Washington PA
19034.
7. Kappa publishes road maps for sale to the public.
COPYRIGHTED WORK AT ISSUE
8. In or about February 17, 2011, Watson created the copyrighted
photograph at issue in this action entitled Atlanta Westin Towers Twilight,
referred to herein as the Work.
9. The Work is protected by copyright.
10. After Watson created the Work, he added his copyright management
information (CMI) to the Work, which CMI included a digital watermark
containing Watsons name and a copyright notice.
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11. The following is the Work showing Watsons CMI in the lower right
corner:

12. After Watson created the Work and added his CMI to it, he posted it
publicly on his Flickr photostream on the Internet at www.flickr.com.
13. When he posted the Work on his Flickr photostream Watson
indicated that it was protected by copyright and that he reserved all rights to the
Work.
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14. Watson registered the Work with the Register of Copyright on

February 12, 2013, and it was assigned registration number VA 1-859-387. A true
and correct copy of the registration certificate for the Work is attached hereto as
Exhibit A.
INFRINGEMENT AND CIRCUMVENTION BY DEFENDANT
15. In or about J une 7, 2013, Watson observed an Atlanta Metro area road
map published by Kappa (the Kappa Map) on sale at a store in the Atlanta area
that displayed the Work on its cover with Watsons CMI removed:

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16. Watson never gave Kappa permission or authority to copy the Work,
display the Work, or remove his CMI.
17. Watson contacted Kappa and requested it cease and desist from
infringing the Work and compensate him for the use of his Work.
18. Kappa refused to cease and desist and offered Watson total
compensation of ten dollars ($10.00) for the Work.
19. Watson has engaged the undersigned attorneys and has agreed to pay
them a reasonable fee.
COUNT I
COPYRIGHT INFRINGEMENT
20. Plaintiff Watson incorporates the allegations of paragraphs 1 through
19 of this complaint as if fully set forth herein.
21. Watson owns a valid copyright in the Work.
22. Watson has registered the Work with the Register of Copyrights
pursuant to 17 U.S.C. 411(a).
23. Kappa copied, displayed and distributed the Work and made
derivatives of the Work without Watsons authorization in violation of 17 U.S.C.
501.
24. Watson has been damaged.
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25. The damage to Watson has been irreparable.

COUNT II
REMOVAL OF COPYRIGHT MANAGEMENT INFORMATION
26. Plaintiff Watson incorporates the allegations of paragraphs 1 through
25 of this complaint as if fully set forth herein.
27. The Work contained Watsons CMI.
28. Kappa knowingly, and with the intent to enable or facilitate copyright
infringement, removed Watsons CMI from the Work in violation of 17 U.S.C.
1202(b).
29. Kappa removed Watsons CMI knowing or having reasonable
grounds to know that this will enable, facilitate or conceal infringement of
Watsons rights in the Work protected under the Copyright Act.
30. Watson has been damaged.
31. The harm caused to Watson has been irreparable.
WHEREFORE, plaintiff Watson prays for judgment against Kappa that:
a. Kappa and its officers, agents, servants, employees, affiliated entities,
and all of those in active concert with them, be preliminarily and
permanently enjoined from committing the acts alleged herein in
violation of 17 U.S.C. 501 and 1202;
b. During the pendency of this lawsuit, Kappa be required to recall from
all recipients thereof and to deliver to Watson all copies of the Work
and to account to Watson for the extent of the infringement;
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c. During the pendency of this lawsuit the Court to order the

impounding, on such terms as it deems reasonable, of all copies of the
Work in the possession, custody and control of Kappa;
d. Kappa be required to pay Watson his actual damages or statutory
damages as provided in 17 U.S.C. 504 and 1203.
e. Watson be awarded his attorneys fees and costs of suit under the
applicable statutes sued upon;
f. Watson be awarded such other and further relief as the Court deems
just and proper.
DEMAND FOR JURY TRIAL
Watson hereby demands a trial by jury for all issues so triable.
Dated: J anuary 13, 2014

By: /s/Lawrence H. Kunin
Lawrence H. Kunin
Georgia Bar No.: 430333
Morris, Manning & Martin, LLP
1600 Atlanta Financial Center
3343 Peachtree Road, NE
Atlanta, GA 30326
(404) 504-7798
lhk@mmmlaw.com

-and-

J oel B. Rothman
J oel.rothman@sriplaw.com
Schneider Rothman Intellectual
Property Law Group PLLC
4651 North Federal Highway
Boca Raton, FL 33431
Tel: 561-404-4350
Of counsel for Plaintiff
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