Case 1:17-cv-01038-SHS Document 1 Filed 02/10/17 Page 1 of 6

 
 
 
 
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
PETER GOULD,
Plaintiff,
Docket No. ________________
- against JURY TRIAL DEMANDED
TIFFANY AND COMPANY
Defendant.
COMPLAINT
Plaintiff Peter Gould (“Gould” or “Plaintiff”) by and through his undersigned counsel, as
and for his Complaint against Defendant Tiffany and Company (“Tiffany” or “Defendant”)
hereby alleges as follows:
NATURE OF THE ACTION
1.

This is an action for copyright infringement under Section 501 of the Copyright

Act and for the removal and/or alteration of copyright management information under Section
1202(b) of the Digital Millennium Copyright Act. This action arises out of Defendant’s
unauthorized reproduction and public display of a copyrighted photograph of famous jewelry
designer and fashion model Elsa Peretti owned and registered by Gould, a New York City based
photojournalist. Accordingly, Gould seeks monetary relief under the Copyright Act of the United
States, as amended, 17 U.S.C. § 101 et seq.
JURISDICTION AND VENUE
2.

This claim arises under the Copyright Act, 17 U.S.C. § 101 et seq., and this Court

has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a).

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3.

This Court has personal jurisdiction over Defendant because Defendant resides in

and/or are doing business in New York.
4.

Venue is proper in this District pursuant to 28 U.S.C. § 1391(b).
PARTIES

5.

Gould is a professional photojournalist in the business of licensing his

photographs to online, print, and television stations for a fee, having a usual place of business at
7 East 17 Street, Apt. 6B, New York, New York 10003. Gould’s photographs have appeared in
many publications around the United States.
6.

Upon information and belief, Tiffany is a domestic business corporation duly

organized and existing under the laws of the State of New York, with a place of business at 727
Fifth Avenue, New York, New York 10022. Upon information and belief, Tiffany is registered
with the New York Department of State, Division of Corporations to do business in the State of
New York. At all times material hereto, Tiffany has owned and operated a website at the URL:
www.tiffany.com (the “Website”).
STATEMENT OF FACTS
A.

Background and Plaintiff’s Ownership of the Photograph

7.

Gould photographed famous jewelry designer Elsa Peretti (the “Photograph”). A

true and correct copy of the Photograph is attached hereto as Exhibit A.
8.

Gould is the author of the Photograph and has at all times been the sole owner of

all right, title and interest in and to the Photograph, including the copyright thereto.
9.

The Photograph has a pending US Copyright number of 1-4189520005. See

Exhibit B.
B.

Defendant’s Infringing Activities

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10.

Upon information and belief, the Website features the Photograph to sell Elsa

Peretti Jewelry. See
http://www.tiffany.com/WorldOfTiffany/TiffanyStory/Design/ElsaPeretti.aspx. The Website
prominently featured the Photograph. A true and correct copy of the article is attached hereto as
Exhibit B.
11.

Tiffany did not license the Photograph from Plaintiff for its Website, nor did

Tiffany have Plaintiff’s permission or consent to publish the Photograph on its Website.
FIRST CLAIM FOR RELIEF
(COPYRIGHT INFRINGEMENT AGAINST TIFFANY)
(17 U.S.C. §§ 106, 501)
12.

Plaintiff incorporates by reference each and every allegation contained in

Paragraphs 1-11 above.
13.

Tiffany infringed Plaintiff’s copyright in the Photograph by reproducing and

publicly displaying the Photograph on the Website. Tiffany is not, and has never been, licensed
or otherwise authorized to reproduce, publically display, distribute and/or use the Photograph.
14.

The acts of Defendant complained of herein constitute infringement of Plaintiff’s

copyright and exclusive rights under copyright in violation of Sections 106 and 501 of the
Copyright Act, 17 U.S.C. §§ 106 and 501.
15.

Upon information and belief, the foregoing acts of infringement by Tiffany have

been willful, intentional, and purposeful, in disregard of and indifference to Plaintiff’s rights.
16.

As a direct and proximate cause of the infringement by the Defendant of

Plaintiff’s copyright and exclusive rights under copyright, Plaintiff is entitled to damages and
defendant’s profits pursuant to 17 U.S.C. § 504(b) for the infringement.

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17.

Defendant’s conduct, described above, is causing, and unless enjoined and

restrained by this Court, will continue to cause Plaintiff irreparable injury that cannot be fully
compensated by or measured in money damages. Plaintiff has no adequate remedy at law.
SECOND CLAIM FOR RELIEF
INTEGRITY OF COPYRIGHT MANAGEMENT INFORMATION AGAINST TIFFANY
(17 U.S.C. § 1202)
18.

Plaintiff incorporates by reference each and every allegation contained in

Paragraphs 1-17 above.
19.

Upon information and belief, on its Website, Tiffany intentionally and knowingly

removed copyright management information identifying Plaintiff as the photographer of the
Photograph.
20.

The conduct of Tiffany violates 17 U.S.C. § 1202(b).

21.

Upon information and belief, Tiffany’s falsification, removal and/or alteration of

the aforementioned copyright management information was made without the knowledge or
consent of Plaintiff.
22.

Upon information and belief, the falsification, alteration and/or removal of said

copyright management information was made by Tiffany intentionally, knowingly and with the
intent to induce, enable, facilitate, or conceal their infringement of Plaintiff’s copyrights in the
Photograph. Tiffany also knew, or should have known, that such falsification, alteration and/or
removal of said copyright management information would induce, enable, facilitate, or conceal
their infringement of Plaintiff’s copyrights in the Photograph.
23.

As a result of the wrongful conduct of Tiffany as alleged herein, Plaintiff is

entitled to recover from Tiffany the damages, that he sustained and will sustain, and any gains,

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profits and advantages obtained by Tiffany because of their violations of 17 U.S.C. § 1202,
including attorney’s fees and costs.
24.

Alternatively, Plaintiff may elect to recover from Tiffany statutory damages

pursuant to 17 U.S.C. § 1203(c) (3) in a sum of at least $2,500 up to $25,000 for each violation
of 17 U.S.C. § 1202.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests judgment as follows:
1.

That Defendant Tiffany be adjudged to have infringed upon Plaintiff’s copyrights
in the Photograph in violation of 17 U.S.C §§ 106 and 501;

2.

The Defendant Tiffany be adjudged to have falsified, removed and/or altered
copyright management information in violation of 17 U.S.C. § 1202.

3.

Plaintiff be awarded Plaintiff’s actual damages and Defendant’s profits, gains or
advantages of any kind attributable to Defendant’s infringement of Plaintiff’s
Photograph;

4.

That, with regard to the Second Claim for Relief, Plaintiff be awarded either:
a) Plaintiff’s actual damages and Defendant’s profits, gains or advantages of any
kind attributable to Defendant’s falsification, removal and/or alteration of
copyright management information; or b) alternatively, statutory damages of at
least $2,500 and up to $ 25,000 for each instance of false copyright management
information and/or removal or alteration of copyright management information
committed by Defendant pursuant to 17 U.S.C. § 1203(c);

5.

That Defendant be required to account for all profits, income, receipts, or other
benefits derived by Defendant as a result of its unlawful conduct;

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6.

That Plaintiff be awarded his costs, expenses and attorneys’ fees pursuant to
17 U.S.C. § 1203(b);

7.

That Plaintiff be awarded pre-judgment interest; and

8.

Such other and further relief as the Court may deem just and proper.
DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable in accordance with Federal
Rule of Civil Procedure 38(b).
Dated: Valley Stream, New York
February 10, 2017
LIEBOWITZ LAW FIRM, PLLC
By: /s/Richard Liebowitz
Richard P. Liebowitz
11 Sunrise Plaza, Suite 305
Valley Stream, NY 11580
Tel: (516) 233-1660
RL@LiebowitzLawFirm.com
Attorneys for Plaintiff Peter Gould