Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 1 of 22
`Case 1:21-cv-01712-PAE Document17-2 Filed 08/20/21 Page 1 of 22
`
`
`
`
`
`
`EXHIBIT B
`EXHIBIT B
`
`
`
`
`
`
`
`
`
`
`
`
`Case 1:21-cv-01712-PAE Document17-2 Filed 08/20/21 Page 1 of 22
`
`
`
`
`
`
`EXHIBIT B
`EXHIBIT B
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 2 of 22
`
`
`
`
`
`Hartley T. Bernstein, Esq.
`BERNSTEIN CHERNEY LLP
`767 Third Avenue, 30th Floor
`New York, N.Y. 10017
`Telephone: 212 381-9684
`Email: hbernstein@bernsteincherney.com
`
`
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`
`_______________________________________X
`ECLIPSE SPORTSWIRE,
`
`Defendant Content IQ LLC d/b/a Boredom Therapy.com (“Content IQ”) responds and
`
`objects to Plaintiff’s First Set of Requests for Admissions as set forth below.
`
`GENERAL OBJECTIONS
`
`1.
`
`Defendant objects to the Requests to the extent that they are overly broad, vague,
`
`argumentative, or redundant.
`
`2.
`
`Defendant objects to the Requests to the extent the information and responses
`
`sought is protected from disclosure by the attorney-client privilege, the attorney work product
`
`doctrine, or any other recognized privilege.
`
`Plaintiff,
`
`
`
`
`
` Civil Action No. 21-cv-01712
`
`
`
`
`
` RESPONSE TO REQUESTS TO ADMIT
`
`
`
`
`
`
`
`
`
`
`
`
`-against-
`
`
`
`
`
`
`
`
`CONTENT IQ LLC d/b/a BOREDOM
`THERAPY.COM
`
`
`
`
`
`
`Defendant
`
`
`
`
`________________________________________X
`
`
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 3 of 22
`
`3.
`
`Defendant objects to the Requests to the extent that they require Defendant to
`
`search for and produce documents or information that are not within its possession, custody, or
`
`control.
`
`4.
`
`Each response is subject to all objections as to relevance, materiality, and
`
`admissibility, and to any and all objections on any ground that would require exclusion of any
`
`response if it were introduced in court.
`
`5.
`
`Each response and objection is made on the basis of information currently available
`
`to and located by Defendant upon reasonable investigation. Defendant expressly reserves the right
`
`to modify, revise, supplement, or amend its responses as it deems appropriate.
`
`6.
`
`Defendant objects to these Requests to the extent they exceed the scope of Requests
`
`for Admission, as set forth in Fed. R. Civ. P. 36.
`
`RESPONSES
`
`
`REQUEST NO. 1
`
`Admit or deny that Defendant operates the Infringing Website for commercial purposes.
`
`
`
`RESPONSE: Objects to this Request on the grounds that the phrases “operates” and
`
`“commercial purposes” is undefined and vague. Subject to such objection, Defendant admits that
`
`it publishes articles on the website www.boredomtherapy.com.
`
`
`REQUEST NO. 2
`
`Admit or deny that Defendant is responsible for the content found at the Infringing Website.
`
`
`
`RESPONSE: Objects to this Request on the grounds that this Request is overly broad,
`
`seeks information unrelated to this litigation, and further objects on the grounds that the term
`
`“responsible” is vague and undefined.
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 4 of 22
`
`REQUEST NO. 3
`
`Admit or deny that Defendant is responsible for the content found at the Infringing Webpages.
`
`
`
`RESPONSE: Defendant objects to the definition of Infringing Webpages on the grounds
`
`that it refers to images and webpages that are not subject of this litigation. Defendant objects
`
`further to this Request on the grounds that it is overly broad, seeks information unrelated to this
`
`litigation, and that the term “responsible” is vague and undefined.
`
`
`REQUEST NO. 4
`
`Admit or deny that Defendant uses photographic images at the Infringing Website to generate web
`traffic at the Infringing Website.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad,
`
`vague and seeks a response that is not related to this litigation. Defendant denies that the image
`
`that is subject to this litigation was published for the specific purpose of generating web traffic for
`
`www.boredomtherapy.com.
`
`
`
`REQUEST NO. 5
`
`Admit or deny that Defendant used photographic images at the Infringing Webpages to generate
`web traffic at the Infringing Webpages.
`
`
`
`RESPONSE: Defendant objects to the definition of Infringing Webpages on the grounds
`
`that it refers to images and webpages that are not subject of this litigation. Defendant denies that
`
`the image that is subject to this litigation was published for the specific purpose of generating web
`
`traffic for www.boredomtherapy.com.
`
`
`
`REQUEST NO. 6
`
`Admit or deny that Defendant uses photographic images at the Infringing Website to generate web
`traffic at the Infringing Website.
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 5 of 22
`
`
`
`
`RESPONSE: Defendant objects on the grounds that this Request is redundant. See
`
`Response to Request No. 4.
`
`
`REQUEST NO. 7
`
`Admit or deny that Defendant uses photographic images at the Infringing Website to make
`Defendant’s “Boredom Therapy” brand more popular.
`
`
`
`RESPONSE: Defendant objects on the grounds that this Request is redundant. See
`
`Response to Request No. 4. Defendant further objects on the grounds that the term “popular” is
`
`vague and undefined.
`
`
`REQUEST NO. 8
`
`Admit or deny that Defendant used photographic images at the Infringing Webpages to make
`Defendant’s “Boredom Therapy” brand more popular.
`
`
`
`RESPONSE: Defendant objects to the definition of Infringing Webpages on the grounds
`
`that it refers to images and webpages that are not subject of this litigation. Defendant further
`
`objects on the grounds that this Request is redundant and the term “popular” is vague and
`
`undefined.
`
`
`REQUEST NO. 9
`
`Admit or deny that Defendant uses photographic images at the Infringing Website to encourage
`visitors to spend more time at the Infringing Website.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`seeks a response that is not related to this litigation. Subject to such response, Defendant denies
`
`that the photograph that is subject of this litigation was published on www.boredomtherapy.com
`
`to encourage readers to spend more time on that website.
`
`
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 6 of 22
`
`
`REQUEST NO. 10
`
`Admit or deny that Defendant used photographic images at the Infringing Webpages to
`encourage visitors to spend more time at the Infringing Webpages.
`
`
`
`RESPONSE: Defendant objects to the definition of Infringing Webpages on the grounds
`
`that it refers to images and webpages that are not subject of this litigation. Defendant further
`
`objects to this Request on the grounds that it is overly broad and seeks a response that is not related
`
`to this litigation. Subject to such response, Defendant denies that the photograph that is subject of
`
`this litigation was published on www.boredomtherapy.com to encourage readers to spend more
`
`time on that website.
`
`REQUEST NO. 11
`
`Admit or deny that the Copyrighted Work was published at the Infringing Webpages in August
`of 2016.
`
`
`
`RESPONSE: Defendant objects to the definition of Infringing Webpages on the grounds
`
`that it refers to images and webpages that are not subject of this litigation. Subject to such
`
`objection,
`
` Defendant
`
`admits
`
`that
`
`the
`
`subject photograph was published on
`
`www.boredomtherapy.com in August of 2016.
`
`
`REQUEST NO. 12
`
`Admit or deny that the Copyrighted Work was publicly displayed at the Infringing Website in
`August of 2017.
`
`
`
`RESPONSE: Defendant admits that the subject photograph was published on
`
`www.boredomtherapy.com in August of 2017.
`
`
`REQUEST NO. 13
`Admit or deny that the Copyrighted Work was publicly displayed at the Infringing Website in
`August of 2018.
`
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 7 of 22
`
`
`
`RESPONSE: Defendant admits that the subject photograph was published on
`
`www.boredomtherapy.com in August of 2018.
`
`
`REQUEST NO. 14
`Admit or deny that the Copyrighted Work was publicly displayed at the Infringing Website in
`August of 2019.
`
`
`
`RESPONSE: Defendant admits that the subject photograph was published on
`
`www.boredomtherapy.com in August of 2019.
`
`
`REQUEST NO. 15
`Admit or deny that the Copyrighted Work was publicly displayed at the Infringing Website in
`August of 2020.
`
`
`
`RESPONSE: Defendant admits that the subject photograph was published on
`
`www.boredomtherapy.com in August of 2020.
`
`RESPONSE: Upon information and belief, deny that Defendant received such request.
`
`
`REQUEST NO. 16
`
`Admit or deny that Plaintiff, on August 24, 2020, requested that Defendant cease and desist using
`the Copyrighted Work.
`
`
`
`
`REQUEST NO. 17
`
`Admit or deny that Defendant did not cease publicly displaying the Copyrighted Work at the
`Infringing Website in September 3, 2020.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is redundant.
`
`Subject to such objection, Defendant admits that the subject photograph was published on the
`
`website maintained by www.boredomtherapy.com in September 2020.
`
`
`
`
`
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 8 of 22
`
`REQUEST NO. 18
`Admit or deny that Defendant was displaying the Copyrighted Work at the Infringing Website in
`February of 2021.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is redundant. Subject
`
`to such objection, Defendant admits that the subject photograph was published on the website
`
`maintained by www.boredomtherapy.com in February 2021.
`
`
`REQUEST NO. 19
`
`Admit or deny that Defendant used the Copyrighted Work at the Infringing Website to generate
`web traffic at the Infringing Website.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is redundant and
`
`overly broad. Subject to such response, Defendant denies that the photograph that is subject of this
`
`litigation was published on www.boredomtherapy.com to generate traffic on that website.
`
`
`REQUEST NO. 20
`
`Admit or deny that Defendant used the Copyrighted Work at the Infringing Webpages to generate
`web traffic at the Infringing Webpages.
`
`
`
`RESPONSE: Defendant objects to the definition of Infringing Webpages on the grounds
`
`that it refers to images and webpages that are not subject of this litigation. Defendant further
`
`objects to this Request on the grounds that it is redundant and overly broad. Subject to such
`
`response, Defendant denies that the photograph that is subject of this litigation was published on
`
`www.boredomtherapy.com to encourage readers to spend more time on that website.
`
`
`REQUEST NO. 21
`
`Admit or deny that Defendant used the Copyrighted Work at the Infringing Website to generate
`web traffic at the Infringing Website.
`
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 9 of 22
`
`
`
`RESPONSE: Defendant to this Request on the grounds that it is redundant. See Response
`
`to Request Number 19.
`
`
`REQUEST NO. 22
`
`Admit or deny that Defendant used the Copyrighted Work at the Infringing Website to make
`Defendant’s “Boredom Therapy” brand more popular.
`
`
`
`RESPONSE: Defendant objects to the term “more popular” on the grounds that it is vague
`
`and undefined. Subject to such objections, Defendant denies this Request.
`
`
`REQUEST NO. 23
`Admit or deny that Defendant used the Copyrighted Work at the Infringing Webpages to make
`Defendant’s “Boredom Therapy” brand more popular.
`
`
`
`RESPONSE: Defendant objects to the definition of Infringing Webpages on the grounds
`
`that it refers to images and webpages that are not subject of this litigation. Defendant objects
`
`further to the term “more popular” on the grounds that it is vague and undefined. Subject to such
`
`objections, Defendant denies this Request.
`
`
`REQUEST NO. 24
`Admit or deny that Defendant used the Copyrighted Work at the Infringing Website to encourage
`visitors to spend more time at the Infringing Website.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is redundant.
`
`Subject to such response, Defendant denies that the photograph that is subject of this litigation was
`
`published on www.boredomtherapy.com to encourage readers to spend more time on that website.
`
`
`
`REQUEST NO. 25
`Admit or deny that Defendant used the Copyrighted Work at the Infringing Webpages to
`encourage visitors to spend more time at the Infringing Webpages.
`
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 10 of 22
`
`
`
`RESPONSE: Defendant objects to the definition of Infringing Webpages on the grounds
`
`that it refers to images and webpages that are not subject of this litigation. Defendant further
`
`objects to this Request on the grounds that it is redundant and overly broad. Subject to such
`
`response, Defendant denies that the photograph that is subject of this litigation was published on
`
`www.boredomtherapy.com to encourage readers to spend more time on that website.
`
`
`REQUEST NO. 26
`
`Admit or deny that you publicly displayed the Copyrighted Work at Defendant’s Website in March
`of 2021.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is redundant. Subject
`
`to such objection, Defendant admits that the subject photograph was published on the website
`
`maintained by www.boredomtherapy.com in March 2021.
`
`
`
`REQUEST NO. 27
`
`Admit or deny that you publicly displayed the Copyrighted Work at Defendant’s Website in April
`of 2021.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is redundant. Subject
`
`to such objection, Defendant admits that the subject photograph was published on the website
`
`maintained by www.boredomtherapy.com in April 2021.
`
`
`REQUEST NO. 28
`
`Admit or deny that you did not seek permission from Plaintiff to use the Copyrighted Work on
`Defendant’s Website.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is vague and
`
`assumes facts that are not in evidence, including the assumption that permission of Plaintiff is
`
`required for fair use of the subject photograph.
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 11 of 22
`
`REQUEST NO. 29
`
`Admit or deny that you believe you are free to use the Copyrighted Work without permission from
`Plaintiff.
`
`
`
`RESPONSE: Admit that publication of the photographic image that is subject of this
`
`litigation by Defendant is protected under the doctrine of fair use.
`
`
`REQUEST NO. 30
`
`Admit or deny that the photographic image depicted in Exhibit 1 was displayed at the
`
`Infringing Website on April 6, 2021.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 31
`
`Admit or deny that you do not own the copyrights in the photographic image depicted in Exhibit
`1.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 32
`
`Admit or deny that you do not have a license to the copyrights in the photographic image depicted
`in Exhibit 1.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad
`
`and refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 33
`
`Admit or deny that you never had a license to the copyrights in the photographic image depicted
`in Exhibit 1.
`
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 12 of 22
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 34
`
`Admit or deny that you did not seek a license to the copyrights in the photographic image depicted
`in Exhibit 1.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 35
`
`Admit or deny that you believe your use of the photographic image depicted in Exhibit 1 benefited
`Defendant’s business.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`REQUEST NO. 36
`
`Admit or deny that the photographic images depicted in Exhibit 2 were displayed at the Infringing
`Website on April 6, 2021.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 37
`
`Admit or deny that you do not own the copyrights in the photographic images depicted in Exhibit
`2.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 38
`
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 13 of 22
`
`Admit or deny that you do not have a license to the copyrights in the photographic images depicted
`in Exhibit 2.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 39
`
`Admit or deny that you never had a license to the copyrights in the photographic images depicted
`in Exhibit 2.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 40
`
`Admit or deny that you did not seek a license to the copyrights in the photographic images depicted
`in Exhibit 2.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 41
`
`Admit or deny that you believe your use of the photographic images depicted in Exhibit 2 benefits
`Defendant.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 42
`
`Admit or deny that the photographic images depicted in Exhibit 3 were displayed at the Infringing
`Website on April 6, 2021.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 14 of 22
`
`
`REQUEST NO. 43
`
`Admit or deny that you do not own the copyrights in the photographic images depicted in Exhibit
`3.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 44
`
`Admit or deny that you do not have a license to the copyrights in the photographic images depicted
`in Exhibit 3.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 45
`
`Admit or deny that you never had a license to the copyrights in the photographic images depicted
`in Exhibit 3.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 46
`
`Admit or deny that you did not seek a license to the copyrights in the photographic images depicted
`in Exhibit 3.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 47
`
`Admit or deny that you believe your use of the photographic images depicted in Exhibit 3 benefits
`Defendant.
`
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 15 of 22
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 48
`
`Admit or deny that the photographic images depicted in Exhibit 4 were displayed at the
`
`Infringing Website on April 6, 2021.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 49
`
`Admit or deny that you do not own the copyrights in the photographic images depicted in Exhibit
`4.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 50
`
`Admit or deny that you do not have a license to the copyrights in the photographic images depicted
`in Exhibit 4.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 51
`
`Admit or deny that you never had a license to the copyrights in the photographic images depicted
`in Exhibit 4.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 16 of 22
`
`
`REQUEST NO. 52
`
`Admit or deny that you did not seek a license to the copyrights in the photographic images depicted
`in Exhibit 4.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 53
`
`Admit or deny that you believe your use of the photographic images depicted in Exhibit 4 benefits
`Defendant.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 54
`
`Admit or deny that the photographic image of a staircase depicted in Exhibit 5 was displayed at
`the Infringing Website on April 6, 2021.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 55
`
`Admit or deny that you do not own the copyrights in the photographic image of a staircase
`
`depicted in Exhibit 5.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 56
`
`Admit or deny that you do not have a license to the copyrights in the photographic image of a
`staircase depicted in Exhibit 5.
`
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 17 of 22
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 57
`
`Admit or deny that you never had a license to the copyrights in the photographic image of a
`staircase depicted in Exhibit 5.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`
`REQUEST NO. 58
`
`Admit or deny that you did not seek a license to the copyrights in the photographic image of a
`staircase depicted in Exhibit 5.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 59
`
`Admit or deny that you believe your use of the photographic image of a staircase depicted in
`Exhibit 5 benefits Defendant.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 54
`
`Admit or deny that the photographic image of a doorway depicted in Exhibit 6 was displayed at
`the Infringing Website on April 6, 2021.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 18 of 22
`
`REQUEST NO. 55
`
`Admit or deny that you do not own the copyrights in the photographic image of the entrance to an
`apartment building depicted in Exhibit 6.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 56
`
`Admit or deny that you do not have a license to the copyrights in the photographic image of the
`entrance to an apartment building depicted in Exhibit 6.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 57
`
`Admit or deny that you never had a license to the copyrights in the photographic image of the
`entrance to an apartment building depicted in Exhibit 6.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 58
`
`Admit or deny that you did not seek a license to the copyrights in the photographic image of the
`entrance to an apartment building depicted in Exhibit 6.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`
`REQUEST NO. 59
`
`Admit or deny that you believe your use of the photographic image of the entrance to an apartment
`building depicted in Exhibit 6 benefits Defendant.
`
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 19 of 22
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`refers to an image that is not the subject of this litigation.
`
`RESPONSE: Deny knowledge or information sufficient to respond to this Request.
`
`
`REQUEST NO. 60
`
`Admit or deny that Defendant downloaded the Copyrighted Work from the internet to a computer
`or computer system owned or operated by the Defendant.
`
`
`
`
`REQUEST NO. 61
`
`Admit or deny that Defendant made at least one copy of the Copyrighted Work.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`vague.
`
`
`REQUEST NO. 62
`
`Admit or deny that Defendant publicly displayed the Copyrighted Work.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad and
`
`vague. Subject to such objections, Defendant admits that the photographic image that is subject of
`
`this litigation was published by Defendant in a manner protected by the doctrine of fair use.
`
`RESPONSE: Deny.
`
`
`REQUEST NO. 63
`
`Admit or deny that, prior to downloading the Copyrighted Work from the internet, Defendant made
`no effort to determine who owned the copyrights to the Copyrighted Work.
`
`
`
`
`REQUEST NO. 64
`
`Admit or deny that, prior to publicly displaying the Copyrighted Work, Defendant wanted to
`determine who owned the copyrights to the Copyrighted Work.
`
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 20 of 22
`
`
`
`RESPONSE: Defendant objects to the form of this Request. Defendant admits that it made
`
`commercially reasonable efforts to determine whether the photographic image that is the subject
`
`of this litigation was subject to any copyright restrictions and/or that publication of the image was
`
`protected under the doctrine of fair use.
`
`
`REQUEST NO. 65
`
`Admit or deny that, prior to downloading the Copyrighted Work from the internet to a computer
`or computer system owned or operated by the Defendant, Defendant had no consideration for the
`copyrights of Plaintiff.
`
`
`
`RESPONSE: Defendant objects to the form of this Request and repeats its response to
`
`Request No. 64.
`
`
`REQUEST NO. 66
`
`Admit or deny that, prior to publicly displaying the Copyrighted Work, Defendant had no regard
`for the copyrights of Plaintiff.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is redundant. See
`
`Response to Request No. 65.
`
`
`REQUEST NO. 67
`
`Admit or deny that Defendant’s use of the Copyrighted Work was not accidental.
`
`
`
`RESPONSE: Defendant admits that publication of the photograph that is the subject of
`
`this litigation was not accidental.
`
`
`REQUEST NO. 68
`
`Admit or deny that Defendant’s use of the Copyrighted Work was not inadvertent.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is redundant. See
`
`Response to Request No. 67.
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 21 of 22
`
`
`REQUEST NO. 69
`
`Admit or deny that Defendant’s use of the Copyrighted Work was purposeful.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is vague and
`
`redundant and the term “purposeful” is undefined.
`
`
`REQUEST NO. 70
`
`Admit or deny that Defendant intends to continue using the photographic images depicted in
`Exhibits 1-6 attached hereto.
`
`
`
`RESPONSE: Defendant objects to this Request on the grounds that it is overly broad,
`
`vague, refers to images that are not the subject of this litigation and is not an appropriate Request
`
`for inclusion in Requests for Admission.
`
`
`Dated: August 10, 2021
`
` New York, New York
`
`
`
`BERNSTEIN CHERNEY LLP
`
`By: /s/ Hartley T. Bernstein___
`Hartley T. Bernstein Esq.
`767 Third Avenue, 30th Floor
`New York, N.Y. 10017
`(212) 381-9684
`hbernstein@bernsteincherney.com
`Attorneys for Defendant Content IQ LLC
`
`
`
`
`
`Case 1:21-cv-01712-PAE Document 17-2 Filed 08/20/21 Page 22 of 22
`
`CERTIFICATION OF SERVICE
`
`I, Hartley T. Bernstein, hereby certify that a copy of Defendant’s Response to Plaintiff’s
`
`Requests to Admit was served on the 10th day of August 2021 by electronic mail upon
`
`R. Terry Parker, Esquire
`RATH, YOUNG & PIGNATELLI, P.C.
`120 Water Street, Second Floor
`Boston, MA 02109
`Attorney for Plaintiff
`
`
`
`/s/ Hartley Bernstein_______
`Hartley T. Bernstein, Esq.
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
