Case 1:23-cv-01802-RBK-AMD Document 1 Filed 03/29/23 Page 1 of 5 PageID: 1
`Case 1:23-cv-01802-RBK-AMD Document1 Filed 03/29/23 Page 1 of 5 PagelD: 1
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
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`
`
`BRIAN MCBRIDE
`
`
`
`
`On the space above enter the full name(s) ofthe plaintiff/s).)
`
`- against -
`
`RECEIVED
`MAR 29 2073
`M
`AT 8:30
`CLERK, U.S. DISTRICT COURT- DNJ
`
`————
`
`NJ PEN. A NEWJERSEY LIMITED LIABILITY COMPANY
`
`COMPLAINT
`
`| MATTHEW SKOUFALOS. AN INDIVIDUAL No Jury Triat|]yves
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`
`
`(check one)
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`
`
`
`
`
`
`
`
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`(In the space above enter the full name(s) ofthe defendant(s). Ifvou
`cannot fit the names ofall ofthe defendants in the space provided,
`please write “see attached” in the space ubove and attach an
`additional sheet ofpaper with the full list ofnames. The names
`listed in the above caption must be identical to those contained in
`Part I. Addresses should not be included here.s
`
`I.
`
`A,
`
`Parties in this complaint:
`
`List your name, address and telephone number. Do the same for any additional plaintiffs named. Attach
`additional sheets of paper as necessary.
`
`
` Plaintiff Name BRIAN MCBRIDE ;
`
`Street Address
`15 SEAGARDEN DRIVE
`‘
`LINWOOD, ATLANTIC COUNTY
`County, City
`State & Zip Code
`Telephone Number
`
`NEW JERSEY 08221
`(312) 672-2794
`
`
`
`;
`
`

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`Case 1:23-cv-01802-RBK-AMD Document1 Filed 03/29/23 Page 2 of 5 PagelD: 2
`Case 1:23-cv-01802-RBK-AMD Document 1 Filed 03/29/23 Page 2 of 5 PageID: 2
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`B.
`
`List all defendants. You should state the full name of the defendants, evenif that defendant is a government
`agency, an organization, a corporation. or an individual. Include the address where each defendant can be
`served. Make sure that the defendant(s) listed below are identical to those contained in the above caption.
`Attach additional sheets of paper as necessary.
`
`Defendant No.1
`
`Name NJ PEN, A NEW JERSEY LIMITED LIABILITY COMPANY
`5
`Street Address
`103 W Merchant St, Apt 2.
`
`County. City
`State & Zip Code
`
`Audubon, Camden Count
`-1423
`NJ, 08106-14
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`Defendant No. 2
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`Name
`
`MATTHEW SKOUFALOS
`
`Street Address
`
`103 W MerchantSt, Apt 2,
`
`County. City
`State & Zip Code
`
`Audubon, Camden County
`NJ, 08106-1423
`
`Defendant No. 3
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`Name
`
`Street Address
`
`County, City
`
`State & Zip Code
`
`Defendant No. 4
`
`Name
`
`Street Address
`
`County. City
`
`State & Zip Code
`
`IE.
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`Basis for Jurisdiction:
`
`Federal courts are courts of limited jurisdiction. There are four types of cases that can be heard in federal court: 1)
`Federal Question - Under 28 U.S.C. § 1331. acase involving the United States Constitution or federal lawsor treaties
`
`is a federal question case; 2) Diversity of Citizenship - Under 28 U.S.C. § 1332, a case in whichacitizen of one
`state sues a citizen of another state and the amount in damagesis more than $75,000 is a diversity of citizenship case:
`3) U.S. Government Plaintiff: and 4) U.S. Government Defendant.
`
`A.
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`Whatis the basis for federal court jurisdiction? (check all that apply)
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`[xfFederal Questions [ Diversity ofCitizenship
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`||us. GovernmentPlaintiff[Jus: Government Defendant
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`B.
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`Ifthe basis for jurisdiction is Federal Question, what federal Constitutional, statutory or treaty rightis at
`issue?
`The defendants violated Plaintiffs rights under the DIGITAL MILLENIUM COPYRIGHT ACT
`17 USC 512 et seq. AND/OR 17 USC [201 et seq.
`
`
`
`-2-
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`

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`Case 1:23-cv-01802-RBK-AMD Document1 Filed 03/29/23 Page 3 of 5 PagelD: 3
`Case 1:23-cv-01802-RBK-AMD Document 1 Filed 03/29/23 Page 3 of 5 PageID: 3
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`If the basis for jurisdiction is Diversity of Citizenship, whatis the state of citizenship of each party?
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`Plaintiff(s) state(s) of citizenship
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`Defendant(s) state(s) of citizenship
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`Statement of Claim:
`
`
`
`State as briefly as possible the factsof your case. Describe how eachof the defendants namedin the caption of this
`complaint is involvedin this action, along with the dates and locations ofall relevant events. You may wish to
`include further details such as the namesofother persons involvedin the events giving rise to your claims. Do not
`cite any cases or statutes. If you intend to allege a numberof related claims, numberandset forth each claim ina
`separate paragraph. Attach additional sheets of paper as necessary.
`
`A.
`Wheredid the events giving rise to your claim(s) occur?
`The events giving rise to the claim occurred in and around Defendant's residence/offices in Audubon, Camden Countyand overthe
`Internet.
`
`B.
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`Whatdate and approximate time did the events giving rise to your claim(s) occur?
`This claim began on August 6. 2020 and is believed to be on going.
`
`
`What
`happened
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`to you?
`
`Whodid
`what?
`
`Was
`anyone
`else
`
`involved?
`
`Whoelse
`saw what
`
`happened?
`
`ta
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`cePNSs
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`15.
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`16.
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`17.
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`18.
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`19.
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`Facts:
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`Plaintiff attended a science league meeting at Plaintiff's high school in Washington Township 2016.
`
`Deborah McBride, then fiancee to Brian McBride, took pictures ofPlaintiff Brian McBride with McBride's phone.
`
`Plaintiff gave permission to the Washington Township School District to use the images on their Internetsite.
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`Plaintiff did not transfer copyright of the images to Washington Township School District (WTSD)
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`Plaintiff married Ms. Blissick on August 5, 2017 at which time the copyright ownership becamepart ofthe marital estate.
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`On August 6, 2020, Defendants downloaded a copyof an image of Plaintiff McBride from WTSD'sInternetsite.
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`Defendants then used this image to create a tabloid gossip style story about an August 3, 2020 incident involving the Plaintiff.
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`Defendants published the copyrighted image to NJPen.com on August 6, 2020)
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`Plaintiff did not transfer copyright or otherwise grant permissionto the Defendants.
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`Defendants reaped financial gain from the unlawful use ofthe images
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`Eachtimethe article was viewed on NJPen.com, the copyrighted image owned byPlaintiff was downloaded by a customer
`of the Defendants..
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`Defendants admitted taking the picture from Washington Township School District but produced no written permission tor doing so.
`
`Defendants take hundreds ofcopyrighted images from the internet. for the financial gain ofthe Defendants.
`Defendants produce noproofthat any copyrighted image. including but not limited to the image owned by the Plaintiffs. on the site was used
`with written permission from the copyright holder.
`
`The Defendants are a “one-man band"lacking the editorial controls of a daily newspaper.
`The owner and founder of Defendant NJPenis believed to be Defendant Matthew Skoufalos.
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`Defendant Skoufalos advertises himself as the writer and editor.
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`Defendant Skoufalos is a friend Paris Young. Young publicly identified himself as the "crime victim" referenced by Defendants
`Defendants’ intent was to generate traffic (visits to NJPen.com) and earn revenue from subscribers throughthe use of Plaintiffs’ copyrighted
`work,
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`Defendant was not engaged in investigative reporting and in his article omitted publicly available evidence that did not favor his friend. .
`
`Defendants only claimto being engaged in news is his ownself-serving characterization.
`Defendant has not worked for a recognized news organization in ten years.
`Defendants are notaffiliated with a recognized news entity and do not publicly adhere to any standards ofprofessional ethics for journalists.
`At the time copyright was violated and up tothe timeof filing and docketing this case, Defendants have no press passes issued the New
`Jersey Society of Professional Journalists or New Jersey Press Association.
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`

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`Case 1:23-cv-01802-RBK-AMD Document 1 Filed 03/29/23 Page 4 of 5 PageID: 4
`Case 1:23-cv-01802-RBK-AMD Document 1_Filed 03/29/23, P e4of5 PagelDp. Acords Act.
`Defendants covered thefiling ofPlaintiff's lawsuit against the Borough of
`ngswoodfor va ationsof the Ope
`portraying Plaintiff in a negative light.
`26. Defendant failed to cover the fact that Plaintiff won his lawsuit against the Borough of Collingswood including paymentoflegal fees and
`a declaration that governmentofficials were using private computerservers for official government businessand had in fact violated OPRA.
`27. Defendants routinely delete comments from the stories written by NJPen which attempt to express a view different from the Defendants
`and/or correcterrors in the "reporting" on NJPen.com.
`28. Defendant covers those whopayfor advertisements favorably and unfavorablyfor those who do not advertise with Defendants.
`Injuries:
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`IV.
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`If vou sustained injuries related to the events alleged above, describe them and state what medical treatment, if any,
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`you required and received.
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`1. Asa direct result of Defendants’ unauthorized use of a copyrighted image, Plaintiff was subjected to intense bullying and
`intimidation at his residence and the businessof Plaintiff's wife. The Plaintiff incurred costs to relocate their personal
`residence and the business owned by Ms. Blissick-McBride.
`2. Plaintiff suffered emotional distress and loss of standing in the community. These damages are unliquidated at present and
`for whichthe Plaintiff's seek the maximum statutory damages of $30,000 per digital copy of the image downloaded by
`customers of the Defendants.
`3. Plaintiff was forced to pay money forlegal representation to defend against the cyberbullying.
`
`4. Plaintiff incurred medical costs to be treated for the stress associated with the cyber bullying caused by the fakearticles
`written and published by the Defendants.
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`
`
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`Vv.
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`Relief:
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`State what you want the Court to do for you and the amount of monetary compensation, if any, you are seeking, and
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`the basis for such compensation.
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`1. Plaintiff respectfully ask the Court to order Defendants to pay to the Plaintiffs the sum of $30,000 for each impression of
`the copyrighted image displayed on the internet as violations of 17 USC 512
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`2. Plaintiff seek legal fees and court costs to prosecute this action
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`3. Plaintiff respectfully ask the Court to refer the Defendants to the United States Attorney for the District of New Jersey for
`criminal prosecutionfor this instance of violations of the DMCA and the hundreds of others on the site NJPen.com.
`
`4. Plaintiff seek costs of medical care related to cyber bullying by Defendants and resulting from Defendants' actions.
`5. Declare that a sole proprietorship with noaffiliation with a news agency andoreditorial controls and/or a lack of
`separation between revenue generation and newsgathering,editing, and reporting, or lack of a press pass froman accredited
`press agency does not qualify as a journalist and consistent with prior New Jersey and Federal Case Law.
`
`6. Order Defendants to stop advertising themselves as a “local newsman" without proper credentials or press pass.
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`Case 1:23-cv-01802-RBK-AMD Document1 Filed 03/29/23 Page 5 of 5 PagelD: 5
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`I declare under penalty of perjury that the foregoing is true and correct.
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`,204.
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`at Upocs
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`
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`Signed this
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`
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`Signature ofPlai
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`‘agarden Drive
`
`Linwood. NJ 08221
`
`
`
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`(312) 672-2794
`Telephone Number
`Fax Number(/f-vou have one)
` bf.mcbride@comcast.net
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`E-mail Address
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`Note:—All plaintiffs named in the caption of the complaint must date and sign the complaint.
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`Signature of Plaintiff:
`
`