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Case 2:14-cv-08683 Document 1 Filed 11/07/14 Page 1 of 9 Page ID #:1

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Peter R. Afrasiabi, Esq. (Bar No. 193336)


pafrasiabi@onellp.com
John Tehranian, Esq. (Bar. No. 211616)
jtehranian@onellp.com
Robert D. Hunt, Esq. (Bar No. 247802)
rhunt@onellp.com
ONE LLP
4000 MacArthur Blvd.
East Tower, Suite 500
Newport Beach, CA 92660
Telephone: (949) 502-2870
Facsimile: (949) 258-5081
Attorneys for Plaintiff,
Andrea Carter-Bowman Ltd.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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ANDREA CARTER-BOWMAN LTD., a


United Kingdom Company,

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COMPLAINT FOR COPYRIGHT


INFRINGEMENT

Plaintiff,

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Case No.

DEMAND FOR JURY TRIAL

v.
THEGLOSS.COM, a Business Form
Unknown; DEFY MEDIA, LLC, a New
York Limited Liability Company;
B5MEDIA, INC., a New York Corporation;
and DOES 1-10 INCLUSIVE,

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Defendants.

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COMPLAINT

Case 2:14-cv-08683 Document 1 Filed 11/07/14 Page 2 of 9 Page ID #:2

Andrea Carter-Bowman Ltd. (Carter-Bowman), by and through its attorneys of

record, complains against TheGloss.com (The Gloss), Defy Media, LLC (Defy Media),

B5Media, Inc. (B5Media) and DOES 1 through 10 (collectively, Defendants) as

follows:

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JURISDICTION AND VENUE


1.

This is a civil action against Defendants for their acts of copyright

infringement in violation of the United States Copyright Act, 17 U.S.C. 101 et seq. This

Court has subject matter jurisdiction over the copyright infringement under 28 U.S.C.

1331, 17 U.S.C. 501(a), and 28 U.S.C. 1338(a).

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2.

Venue is proper in this District under 28 U.S.C. 1391(b) and (c) and 28

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U.S.C. 1400(a) in that the claim arises in this Judicial District, the Defendants may be

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found and transact business in this Judicial District, and the injury suffered by Plaintiff took

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place in this Judicial District. Defendants are subject to the general and specific personal

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jurisdiction of this Court because of their contacts with the State of California.

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PARTIES
3.

Plaintiff Carter-Bowman is a foreign company, with its principal place of

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business in London, England, and is the owner of the copyrights to the photographs at issue

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herein.

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4.

Plaintiff is informed and believes and, upon such, alleges that The Gloss is a

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business, form unknown, with offices in Los Angeles, CA, Beverly Hills, CA, and New

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York City, NY.

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5.

Plaintiff is informed and believes and, upon such, alleges that Defy Media is a

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New York limited liability company, with offices in Los Angeles, CA, Beverly Hills, CA,

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San Francisco, CA, New York City, NY, and Chicago, IL.

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6.

Plaintiff is informed and believes and, upon such, alleges that B5Media is a

New York corporation, with offices in New York City, NY and Toronto, Canada.
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Plaintiff is informed and believes and, upon such, alleges that B5Media was

acquired by Alloy Digital, LLC on April 20, 2012.


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COMPLAINT

Case 2:14-cv-08683 Document 1 Filed 11/07/14 Page 3 of 9 Page ID #:3

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8.

Plaintiff is informed and believes and, upon such, alleges that Alloy Digital,

LLC changed its name to Defy Media, LLC on October 14, 2013.
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Plaintiff is informed and believes and, upon such, alleges that Defy Media

owns and operates The Gloss.


10.

DOES 1 through 10, inclusive, are unknown to Plaintiff, who therefore sues

said Defendants by such fictitious names. Plaintiff will ask leave of Court to amend this

Complaint and insert the true names and capacities of said Defendants when the same have

been ascertained. Plaintiff is informed and believes and, upon such, alleges that each of the

Defendants designated herein as a DOE is legally responsible in some manner for the

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events and happenings herein alleged, and that Plaintiffs damages as alleged herein were

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proximately caused by such Defendants.

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STATEMENT OF FACTS

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The Photos Forming the Subject Matter of This Dispute

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Ms. Andrea Carter-Bowman is a renowned fashion and celebrity photographer

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based in London, England. Plaintiff Carter-Bowman is a business that holds the copyrights

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to the photographs at issue. Ms. Carter-Bowmans great efforts to meticulously hone her

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craft have received widespread acclaim and recognition. Indeed, Carter-Bowmans client

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roster is decidedly A list and includes some of the most highly respected media and

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fashion companies in the world, such as Disney, Loreal, Maire Claire, British Vogue, and

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ELLE, among many others. Carter-Bowmans experience goes beyond that of media and

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fashion to include the commissioned photography of numerous models and celebrities,

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including actress Emma Watson of Harry Potter fame.

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12.

Charlotte Lottie Moss is the 16-year-old half-sister of internationally

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recognized supermodel Kate Moss. With her noted pedigree and ethereal good-looks,

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Lottie enjoys a promising future in editorial spreads, on the runway and in advertisements.

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In late 2011, Lotties modeling skills were evaluated with a test shoot. As a

top-tier fashion photographer, Carter-Bowman was the logical choice to lead the session.

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COMPLAINT

Case 2:14-cv-08683 Document 1 Filed 11/07/14 Page 4 of 9 Page ID #:4

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Entrusted with the task of curating this ingnues first professional images,

Carter-Bowman emphatically delivered. Six of Plaintiffs captivating shots of Lottie

(hereinafter, the Photos) form the subject matter of this suit.

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borne from a test shoot, substantial potential licensing opportunities were anticipated.

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Carter-Bowmans images of Lottie exceeded expectations. Despite being

The Defendants and the Marketplace


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Defendants claim that TheGloss.com aims to bring style and substance

together at last by blending fashion, beauty and feminism with a smart, offbeat wit.

Throw in a little pop culture and a healthy dose of absurdity and you get the idea.

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On information and belief, Defendants wildly successful website reaches over

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one million unique visitors each month with hundreds of thousands of homepage visits

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each day.

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18.

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Plaintiff alleges, on information and belief, that in or around November of

2011, Defendants owned and operated TheGloss.com.


19.

Despite their sophistication on basic matters of intellectual property law,

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Defendants have, on information and belief, violated federal law by willfully infringing the

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copyrights of Carter-Bowman to at least six photographs from the Lottie Moss test shoot on

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their website, TheGloss.com. Specifically, on or after November 10, 2011, Defendants

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reproduced, distributed and publicly displayed the Photos, and derivatives thereof, on their

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website without permission, consent, or license from Carter-Bowman, the rightsholder to

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the Photos. Screenshots of TheGloss.com displaying the Photos are attached hereto as

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Exhibit A.

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20.

On information and belief, Defendants reproduction, distribution and public

display of the Photos, and derivatives thereof, continued unabated for several months.
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In the marketplace, celebrity photos such as the images at issue in this case

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carry tremendous monetary value. Carter-Bowman crafts photographs of celebrities at a

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significant cost and licenses these images to various third parties to create highly sought

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after feature spreads and/or advertising online and offline.


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COMPLAINT

Case 2:14-cv-08683 Document 1 Filed 11/07/14 Page 5 of 9 Page ID #:5

22.

Defendants herein have driven massive traffic to their web properties

including over a million unique visitors monthlyin part due to the presence of the sought

after and searched-for celebrity images. All of this traffic translates into significant ill-

gotten commercial advantage and revenue generation for Defendants as a direct

consequence of their infringing actions.


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Defendants infringement of the Photos was particularly egregious given that

this was a leaked test shoot for the young model. Unilaterally thrusting Lottie Mosss

photos into the publics eye could have massive detrimental effects on her promising

career. Moreover, the exclusive nature of the Photos had substantial monetary value for its

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author, which was irreparably harmed by the actions of Defendants.

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FIRST CLAIM FOR RELIEF

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(Copyright Infringement, 17 U.S.C. 501)


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Plaintiff Carter-Bowman incorporates here by reference the allegations in

paragraphs 1 through 21 above.


25.

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Carter-Bowman is the owner of the copyrights to the Photos, which

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substantially consist of material wholly original with Plaintiff and which constitute

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copyright subject matter under the laws of the United States. Carter-Bowman has complied

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in all respects with the Copyright Act and all of the laws of the United States governing

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copyrights. The Photos have been timely registered with the United States Copyright

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Office. Attached hereto as Exhibit B are Copyright Registration Certificates for the Photos.
26.

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Defendants have directly, vicariously and/or contributorily infringed Carter-

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Bowmans copyrights by reproducing, displaying, distributing and utilizing the Photos for

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purposes of trade in violation of 17 U.S.C. 501 et seq.


27.

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Defendants have willfully infringed Carter-Bowmans copyrights by

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knowingly reproducing, displaying, distributing and utilizing the Photos for purposes of

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trade.

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These acts of infringement are willful because, inter alia, the Defendants own

and operate a massive business centered on the exploitation of copyrights. As such,


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COMPLAINT

Case 2:14-cv-08683 Document 1 Filed 11/07/14 Page 6 of 9 Page ID #:6

Defendants possess full knowledge of the strictures of federal copyright law and the basic

requirements for licensing the use of copyrighted content for commercial exploitation.

Further, prior to the reproduction, public distribution and public display of the Photos by

Defendants, the images were stored on Carter-Bowmans website, which contained specific

terms of use and copyright notice. Specifically, at and around the time of the infringement,

Plaintiffs site stated: "All Photographs herein are the exclusive property of Andrea Carter-

Bowman and may not be used or reproduced in any manner whatsoever without the express

permission of Andrea Carter-Bowman. 2011 Andrea Carter-Bowman. All Rights

Reserved.

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Defendants, despite such copyright notice and terms of use, reproduced,

publicly distributed and publicly displayed the Photos on TheGloss.com.


30.

Defendants have received substantial benefits in connection with the

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unauthorized reproduction, display, distribution and utilization of the Photos for purposes

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of trade, including by increasing the traffic to Defendants website and, thus, increasing

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publicity and advertising revenues.

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31.

The actions of Defendants were performed without the permission, license or

consent of Carter-Bowman and continued unabated for months.


32.

The wrongful acts of Defendants have caused irreparable injury to Plaintiff, of

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which damages cannot be accurately computed and for all of which Plaintiff is without an

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adequate remedy at law. Accordingly, Plaintiff seeks a declaration that Defendants have

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infringed Carter-Bowmans copyrights and an order under 17 U.S.C. 502 enjoining

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Defendants from any further infringement of Plaintiffs copyrights.

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33.

As a result of the acts of Defendants alleged herein, Carter-Bowman has

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suffered substantial damage to its business in the form of diversion of trade, loss of profits,

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injury to goodwill and reputation, and the dilution of the value of its rights, all of which are

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not yet fully ascertainable.

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34.

Because of the willful nature of the copyright infringement, Plaintiff is entitled

to an award of statutory damages equal to $150,000 per work infringed.


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COMPLAINT

Case 2:14-cv-08683 Document 1 Filed 11/07/14 Page 7 of 9 Page ID #:7

35.

Plaintiff has identified at least six works infringed by Defendants, which

occurred by way of reproduction, public distribution and public display of the Photos on

TheGloss.com.

36.

Each of the six photographs infringed by the Defendants constitutes an

individual work for purposes of copyright and has independent economic valuevalue that

was damaged by the acts of Defendants.

37.

The works infringed are eligible for statutory damages. Therefore, Carter-

Bowman is entitled to an award of $150,000 in statutory damages for each of the six works

infringed ($900,000).

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38.

Alternatively, at Plaintiffs discretion, Carter-Bowman is entitled to actual

damages in an amount to be proven at trial for the infringement of at least one work.
39.

Plaintiff is also entitled to attorneys fees in prosecuting this action.

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PRAYER FOR RELIEF

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WHEREFORE, Plaintiff requests judgment against Defendants as follows:


1.

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The Defendants, their officers, agents, servants, employees,

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representatives, and attorneys, and all persons in active concert or participation with them,

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be permanently enjoined from designing, copying, reproducing, displaying, promoting,

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advertising, distributing, or selling, or any other form of dealing or transaction in, any and

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all advertising and promotional materials, print media, signs, Internet websites, or any other

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media, either now known or hereafter devised, bearing any design or mark which infringe,

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contributorily infringe, or vicariously infringe upon Plaintiff Carter-Bowmans rights in the

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Photos.

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2.

Defendants be held liable to Plaintiff in statutory damages for copyright

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

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(c) and for costs, interest and reasonable attorneys fees pursuant to 17 U.S.C. 505.

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3.

An accounting be made for all profits, income, receipts or other benefit

derived by Defendants from the reproduction, copying, display, promotion, distribution or


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COMPLAINT

Case 2:14-cv-08683 Document 1 Filed 11/07/14 Page 8 of 9 Page ID #:8

sale of products and services, or other media, either now known or hereafter devised, that

improperly or unlawfully infringes upon Plaintiffs copyrights pursuant to 17 U.S.C.

504 (a)(1) & (b).

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Requiring Defendants to account for and pay over to Plaintiff all profits

derived by Defendants from their acts of copyright infringement and to reimburse Plaintiff

for all damages suffered by Plaintiff by reasons of Defendants acts, pursuant to 17 U.S.C.

504 (a)(1) & (b).

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5.

Actual damages for copyright infringement pursuant to 17 U.S.C.

504 (a)(1) & (b).


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That Plaintiff be awarded any such other and further relief as the Court

may deem just and appropriate.

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Dated: November 7, 2014

ONE LLP

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By:

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/s/ Robert D. Hunt


Peter R. Afrasiabi, Esq.
John Tehranian, Esq.
Robert D. Hunt, Esq.
Attorneys for Plaintiff,
Andrea Carter-Bowman, Ltd.

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COMPLAINT

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DEMAND FOR JURY TRIAL

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Plaintiff Carter-Bowman hereby demands trial by jury of all issues so triable under
the law.

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Dated: November 7, 2014

ONE LLP

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By:

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/s/ Robert D. Hunt


Peter R. Afrasiabi, Esq.
John Tehranian, Esq.
Robert D. Hunt, Esq.
Attorneys for Plaintiff,
Andrea Carter-Bowman, Ltd.

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COMPLAINT

Case 2:14-cv-08683 Document 1-1 Filed 11/07/14 Page 1 of 9 Page ID #:10

EXHIBIT A

Case 2:14-cv-08683 Document 1-1 Filed 11/07/14 Page 2 of 9 Page ID #:11

Case 2:14-cv-08683 Document 1-1 Filed 11/07/14 Page 3 of 9 Page ID #:12

Case 2:14-cv-08683 Document 1-1 Filed 11/07/14 Page 4 of 9 Page ID #:13

Case 2:14-cv-08683 Document 1-1 Filed 11/07/14 Page 5 of 9 Page ID #:14

Case 2:14-cv-08683 Document 1-1 Filed 11/07/14 Page 6 of 9 Page ID #:15

Case 2:14-cv-08683 Document 1-1 Filed 11/07/14 Page 7 of 9 Page ID #:16

Case 2:14-cv-08683 Document 1-1 Filed 11/07/14 Page 8 of 9 Page ID #:17

Case 2:14-cv-08683 Document 1-1 Filed 11/07/14 Page 9 of 9 Page ID #:18

Case 2:14-cv-08683 Document 1-2 Filed 11/07/14 Page 1 of 5 Page ID #:19

EXHIBIT B

Case 2:14-cv-08683 Document 1-2 Filed 11/07/14 Page 2 of 5 Page ID #:20

Case 2:14-cv-08683 Document 1-2 Filed 11/07/14 Page 3 of 5 Page ID #:21

Case 2:14-cv-08683 Document 1-2 Filed 11/07/14 Page 4 of 5 Page ID #:22

Case 2:14-cv-08683 Document 1-2 Filed 11/07/14 Page 5 of 5 Page ID #:23

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