Case 3:22-cv-04757-JD Document 1 Filed 08/18/22 Page 1 of 6
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`Nicholas Ranallo, Attorney at Law (SBN 275016)
`5058 57th Ave. S.
`Seattle, WA 98118
`Telephone No.: (831) 607-9229
`Fax No.: (831) 533-5073
`Email: nick@ranallolawoffice.com
`Attorney for Plaintiff INNsight.com, Inc.
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
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` Case No.
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`COMPLAINT FOR COPYRIGHT
`INFRINGEMENT
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`DEMAND FOR JURY TRIAL
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`Plaintiff INNsight.com, Inc., (“INNsight” or “Plaintiff”) by and through undersigned
`counsel, brings this action against Defendant D.H.D Hospetality Services, Inc. (“DHD” or
`“Defendant”) and alleges as follows:
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`INNSIGHT.COM INC.
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`Plaintiff
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`v.
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`D.H.D. HOSPETALITY SERVICES INC.
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` Defendant
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`INTRODUCTION
`1. Plaintiff is the leader in the field of ADA compliance for websites, particularly in the
`hospitality industry. INNsight brings this action for violation of the exclusive rights granted
`by the Copyright Act, 17 U.S.C. §101 et seq.
`PARTIES
`2. Plaintiff is a Delaware corporation with a principal place of business at 2445 Ocean Ave.
`San Francisco, CA 94127.
`3. Defendant is a Florida corporation with a principal place of business at 11619 Meadow
`Grove Cir., Orlando, FL 32836.
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`Case 3:22-cv-04757-JD Document 1 Filed 08/18/22 Page 2 of 6
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`JURISDICTION AND VENUE
`4. This action arises under the United States Copyright Act, 17 U.S.C. §101 et seq.
`5. This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C.
`§§1331 and 1338.
`6. This Court has personal jurisdiction over Defendant because it has purposefully directed its
`activities at the State of California or has purposefully availed itself of the privilege of
`conducting business within the State of California. The claim at issue herein arises from
`Defendant’s forum-related activities and the exercise of jurisdiction in this case comports
`with fair play and substantial justice.
`7. Defendant has directed its activities at the forum by providing information and booking hotel
`rooms located in the District, including, inter alia, the Budget Inn in Redwood City,
`California. Defendant has infringed Plaintiff’s registered copyright in connection with the
`services provided to the State of California and the Northern District of California.
`8. Venue is appropriate in the Northern District of California pursuant to 28 U.S.C. §1400 and
`the facts set forth above.
`FACTS COMMON TO ALL CLAIMS
`9. INNsight is a leading digital marketing system specializing in hotels and hospitality
`businesses. INNsight provides a range of proprietary software services.
`10. INNsight’s software includes ADA Title III and Web Accessibility features designed to
`ensure that its customers’ websites meet the requirements of the ADA, WCAG, GDPR, and
`are otherwise accessible for individuals with disabilities including audio, visual, and
`mobility impairment.
`11. INNsight has been recognized as a Subject-Matter Expert in the field of ADA website
`compliance. Its software has been considered as ‘Gold Standard’ in website ADA
`compliance, particularly in the hotel and hospitality industry.
`12. During the course of its operations, INNsight has created and developed significant
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`Case 3:22-cv-04757-JD Document 1 Filed 08/18/22 Page 3 of 6
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`intellectual property assets including the ADA Tray®, a patent pending accessibility widget
`with a distinctive look, feel, and operational characteristics, the registered copyright at issue
`herein, and others.
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`Plaintiff’s Registered Copyright
`13. As described further herein, INNsight’s founders created and licensed to INNsight an
`original “ADA Accessibility Features & Amenities Page” (hereinafter the “Accessibility
`Page”) that is incorporated into INNsight’s customer websites and satisfies certain
`regulatory requirements in a creative and easy-to-understand manner.
`14. In particular, the Accessibility Page includes language painstakingly developed and
`litigation-tested to help protect hoteliers from liability from serial ADA plaintiff’s alleging
`that a particular hotel is not ‘accessible’ under the ADA standards.
`15. The Accessibility Page likewise assists hotels in demonstrating the accessibility features of
`Plaintiff’s customers’ properties, satisfies the informational requirements set out in ADA
`Title III and explains online web accessibility efforts under the WCAG standards
`promulgated by the World Wide Web Consortium.
`16. The Accessibility Page was first published on July 15, 2017.
`17. The Accessibility Page is registered with the United States Copyright Office under
`Registration TX 8-748-968 with an effective date of registration of May 30, 2019. A true
`and correct copy of the registration certificate is attached hereto as Exhibit A.
`18. INNsight has entered into an assignment agreement, whereby Roshan & Raj Patel
`transferred to INNsight.com, Inc. all right, title, and interest in the Accessibility Page,
`including, but not limited to, their interests in the copyrights, all renewals and extensions
`thereof, and all interest in all works based on, derived from, or incorporating the
`Accessibility Page. The INNsight Assignment further transferred to Plaintiff all causes of
`action relating to the Accessibility Page, including causes of action that had accrued at the
`time of transfer.
`19. The Accessibility Page is available on the internet and has been incorporated into a number
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`Case 3:22-cv-04757-JD Document 1 Filed 08/18/22 Page 4 of 6
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`of INNsight’s customer websites in connection with accessibility services provided by
`INNsight.
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`Defendant’s Infringing Uses
`20. Upon information and belief, Defendant DHD does business as Travlu and operates the
`travlu.com website and an associated network of websites and domain names, including
`budgetinnredwoodcity.com (the “Website”).
`21. Upon information and belief, Defendant provides users with basic information about various
`third-party hotel properties, and allows users to book rooms at the third-party hotels via the
`travlu.com interface and its network of websites and domains.
`22. Budget Inn Redwood City is located at 2526 El Camino Real, Redwood City, CA 94061.
`right-hand corner of
`the Website
`includes
`the commonly-used
`23. The bottom
`handicap/wheelchair icon. When a user clicks on the icon, an “Accessibility” page (the
`“Infringing Popup”) pops up on a user’s screen.
`24. The Infringing Popup language is substantially similar to Plaintiff’s copyrighted
`Accessibility Page.
`25. Exhibit B hereto is a true and correct copy of the Infringing Popup described above.
`26. Upon information and belief, the Infringing Popup was created by Defendant after May 30,
`2019.
`27. Upon information and belief, similar infringing popups appear on numerous other websites
`and domain names associated owned or otherwise controlled by Defendant.
`28. Defendant’s infringement of Plaintiff’s Accessibility Page was willful and intentional, with
`full knowledge of Plaintiff’s copyrights and in conscious or reckless disregard of Plaintiff’s
`exclusive rights therein.
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`FIRST CAUSE OF ACTION
`Direct Copyright Infringement
`29. Plaintiff repeats and realleges the allegations set forth in the preceding paragraphs as though
`fully set forth herein.
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`Case 3:22-cv-04757-JD Document 1 Filed 08/18/22 Page 5 of 6
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`30. The Accessibility Page is an original copyrightable work entitled to protection under the
`Copyright Act.
`31. Plaintiff has complied in all respects with 17 U.S.C. §101 et seq. and secured the exclusive
`rights in, and ownership of, the Accessibility Page.
`32. The Accessibility Page is duly registered with the United States Copyright Office.
`33. By the actions alleged herein, Defendant has infringed INNsight’s copyright in the
`Accessibility page by the reproduction, public display, distribution, and creation of
`unauthorized derivative works of the same without INNsight’s authorization or permission.
`34. Defendant’s infringement of INNsight’s copyright was willful.
`35. As a direct and proximate result of the copyright infringement set forth herein, INNsight has
`been, and continues to be, damaged in an amount unknown at present and to be determined
`at trial.
`36. As a direct and proximate result of the copyright infringement set forth herein, Defendant
`has gained and/or will gain substantial profits in an amount presently unknown and to be
`determined at trial.
`37. INNsight is entitled to recover its actual damages and any additional Defendant’s profits not
`calculated in its computation of actual damages in an amount to be determined at trial,
`pursuant to 17 U.S.C. §504.
`38. In the alternative and at its election, INNsight is entitled to seek maximum statutory damages
`for Defendant’s acts of willful infringement in the amount of $150,000 per work pursuant to
`17 U.S.C. §504(c).
`39. Plaintiff has no adequate remedy at law to protect its copyrights and to prevent Defendant
`from continuing to infringe the Accessibility Page and injure Plaintiff. To the extent that the
`infringing uses detailed herein continue, Plaintiff will continue to suffer irreparable injury.
`40. As a direct and proximate result of the copyright infringement detailed herein, Plaintiff is
`entitled to preliminary and permanent injunctive relief enjoining and restraining Defendant
`from infringing its copyrights, pursuant to 17 U.S.C. § 502.
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`Case 3:22-cv-04757-JD Document 1 Filed 08/18/22 Page 6 of 6
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`41. In addition, Plaintiff is entitled to recover its full costs, including attorney’s fees, pursuant
`to 17 U.S.C. §505.
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`Prayer for Relief
`WHEREFORE, Plaintiff INNsight.com, Inc. prays for judgment in its favor and against
`Defendant as follows:
`a) For a preliminary and permanent injunction preventing Defendant and their respective
`members, officers, principals, shareholders, agents, servants, employees, successors and
`assigns from any further acts of copyright infringement;
`b) For an award of actual or statutory damages for infringement of Plaintiff’s copyright, as
`Plaintiff may subsequently elect;
`c) For costs of this lawsuit;
`d) For Plaintiff’s attorney’s fees;
`e) For interest as allowed by law; and
`f) For such other relief as the Court deems just and proper.
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`Demand for Jury Trial
`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Plaintiff INNsight.com, Inc. hereby
`demands a jury trial for all issues so triable.
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`Dated: August 18, 2022
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`___/s/Nicholas Ranallo______
`Nicholas Ranallo, Attorney at Law
`5058 57th Ave. S.
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`Seattle, WA 98118
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`Telephone No.: (831) 607-9229
`Fax No.: (831) 533-5073
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`Email: nick@ranallolawoffice.com
`Attorney for Plaintiff
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