`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`SAN ANTONION DIVISION
`REYNALDO GUZMAN BARRERA, an
`individual,
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`Case No.
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`5:24-cv-00435
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`Plaintiff,
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`vs.
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`JURY DEMAND
`
`SEBASTIEN DE LA CRUZ and JUAN DE LA
`CRUZ, individuals,
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`Defendants.
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`COMPLAINT
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`Plaintiff, Reynaldo Guzman Barrera (“Plaintiff”), by and through his attorneys of record,
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`appears and states by way of the Complaint and alleges the following against Sebastien De La
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`Cruz (“Sebastien”) and Juan De La Cruz (“Juan”) [collectively, the “Defendants”], based on
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`information and belief as follows:
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`I.
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`JURISDICTION AND VENUE
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`1.
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`This action is brought under, and subject matter jurisdiction of this matter is vested
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`in this Court through, 28 U.S.C. § 1331 (Federal Question Jurisdiction) and § 1338 (action arising
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`under an Act of Congress relating to trademarks and copyrights). This action is also brought under
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`the copyright laws of the United States, Copyright Act of 1976, as amended, (17 U.S.C. § 101, et
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`seq.).
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`2.
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`Venue is proper in this action under 28 U.S.C. § 1391 because Defendants do
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`business within the state of Texas including performances, a substantial part of the harm from the
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`events or omissions giving rise to the claims occurred in this District, and because Defendants are
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`subject to personal jurisdiction in this District.
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`1
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`CASE NO.
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`
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 2 of 12
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`3.
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`The Defendants’ infringing songs and albums are available throughout the United
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`States via online means, including but not limited to YouTube. On information and believe,
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`consumers within the District of Texas have downloaded and/or streamed Defendants’ infringing
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`works. Therefore, Plaintiff’s claims of infringement include acts that happen on a regular basis
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`within Texas’s jurisdiction.
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`4.
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`This Court has jurisdiction over Defendants, in that Defendants have committed
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`acts of copyright infringement in this judicial district, and reside in the Western District of Texas.
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`II.
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`THE PARTIES
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`5.
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`Plaintiff is an individual located in Las Vegas, Nevada with a current address of
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`1587 Seranda Avenue, Las Vegas, Nevada 89169.
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`6.
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`Plaintiff is the owner, writer, composer, publisher and author for the lyrics and
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`music for three compositions entitled “Sin Tin/Without You”, “Invierno Cruel/Cruel Winter”,
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`and “A Mi Madre/To My Mother” (the “Compositions”).
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`7.
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`On December 18, 2000, the United States Copyright Office granted Plaintiff
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`registration for the work Invierno Cruel/Cruel Winter, resulting in Registration No. PAU 2-538-
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`356. On November 28, 2018, the United States Copyright Office granted Plaintiff registration of
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`the works Sin Ti/Without You and A Mi Madre/To My Mother, resulting in Registration Nos.
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`PAU 3-960-275 and PAU 3-946-037. These three registrations shall be collectively referred to as
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`the “Registrations.” Plaintiff is the sole owner of the copyrights for the Compositions. Copies of
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`the Registrations are attached hereto as Exhibit 1.
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`8.
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`Plaintiff has also registered the Compositions with the American Society of
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`Composers, Authors, and Publishers (“ASCAP”). ASCAP is a membership association for
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`2
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`CASE NO.
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 3 of 12
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`songwriters, composers and music publishers that licenses the registered works and pays the
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`members their earned royalties.
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`9.
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`On information and belief based on Plaintiff’s investigation, Defendants are
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`residents of San Antonio, Texas.
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`10.
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`On information and belief, Defendant Sebastian De La Cruz is a singer and actor
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`and has released at least three albums and starred in at least three short films.
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`III. BACKGROUND INFORMATION
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`11.
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`In 2012, the parties met through Sebastien’s father and manager, Juan De La Cruz,
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`before Sebastien would later star on America’s Got Talent and become a national celebrity.
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`12.
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`In 2019, Juan proposed to Plaintiff that he and Sebastien collaborate together on a
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`few songs for Sebastien’s upcoming album.
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`13.
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`In or about July 2019, Plaintiff provided Defendants with a few songs to consider
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`for Sebastien’s album, including the Compositions.
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`14.
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`Defendants were interested in using the Compositions in Sebastien’s album and
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`asked Plaintiff to provide the lyrics, tracks, masters, and musical guides for the Compositions.
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`15.
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`In response to Defendants’ request, Plaintiff produced the Compositions at Mr.
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`Music’s Musical Studios in Mesquit, Nevada and tailored the Compositions to Defendants’
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`specific requests based on Sebastien’s voice and style of singing.
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`16.
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`In or about October 2019, Sebastien, using the productions made by Plaintiff,
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`made the pre-recordings of the Compositions and then in March 2020 made the final recordings.
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`17.
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`In or about March 2020, Sebastien, through his manager Juan De La Cruz, entered
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`into a verbal agreement with Plaintiff that any profits made from Plaintiff’s use of the
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`Compositions would be split evenly between the parties. However, during the parties’ talks
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`3
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`
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`CASE NO.
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 4 of 12
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`Plaintiff only ever agreed to split 50% of the royalties from the Compositions, but never any
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`ownership of the Compositions or the copyright rights in the Registrations.
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`18.
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`On or about April 2, 2020, Defendants proposed that Plaintiff add Sebastien as a
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`publisher to Plaintiff’s ASCAP registration in exchange for a 50% share of any profit for the
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`Compositions determined by ASCAP.
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`19.
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`Believing the Defendants would be true to their word, Plaintiff added Sebastien as
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`editor on ASCAP for the Compositions.
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`20.
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`On or about April 25, 2020, Defendants published to YouTube Sebastien’s music
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`video for the song “Sin Tin/Without You” without Plaintiff’s explicit permission or authorization.
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`Although Defendants did not have Plaintiff’s permission to use his song, Plaintiff did not ask
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`Defendants to take the video down at this time because the parties were actively working together,
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`and Plaintiff was hopeful that the parties would come to an agreement where Plaintiff would be
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`compensated for Sebastien’s use of the Compositions.
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`21.
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`On or around August 2020, Defendants began pressuring Plaintiff to enter into a
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`Songwriter Collaboration Agreement and a Mechanical License (the “Agreements”) that would
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`essentially assign 50% of Plaintiff’s copyright rights in the Collaborations to Sebastien and
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`prevent Plaintiff from receiving any royalties originating from any of Sebastien’s master
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`recordings of the Compositions.
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`22.
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`In September 2020, Plaintiff received numerous harassing messages and phone
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`calls from Defendants to pressure and try to force Plaintiff into signing the Agreements.
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`23.
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`The Defendants would also begin registering the Compositions in only Sebastien’s
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`name on various online platforms such as Soundcloud and YouTube, from which only the
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`Defendants received royalties.
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`4
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`CASE NO.
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 5 of 12
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`24.
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`On or about October 15, 2020, Plaintiff wrote to Defendants that he could not
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`agree to the terms of the Agreement and reminded Defendants that they had no legal right to use
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`the Compositions for profit, performance, or to claim ownership in the Compositions.
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`25.
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`On November 9, 2020, Plaintiff contacted Sound Exchange to add his name to the
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`registrations for the Compositions so that Plaintiff could collect his share of the royalties, but
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`Sebastien denied Plaintiff’s request.
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`26.
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`On or about November 17, 2020, Plaintiff sent Defendants a written demand for
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`Defendants to submit an accounting of any and all royalties Defendants have earned relating to
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`the Compositions and again reminded Defendants that they did not have the legal rights to or
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`permissions to use the Compositions. To date Defendants have not provided Plaintiff with an
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`accounting of the royalties earned relating to the Compositions.
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`27.
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`As a last-ditch effort to salvage the parties’ relationship, Plaintiff offered
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`Defendants a license to use the Compositions for $10,000.00 per song per year, or collectively
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`$30,000.00 per year for all three works. However, Defendants refused Plaintiff’s offer and Juan
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`informed Plaintiff that Sebastien no longer intended to use the Compositions in Sebastien’s album
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`or otherwise and would cease all use of the Compositions.
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`28.
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`Yet, months later Sebastien would later release the album “El Charro de Oro”
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`which comprises all three of the Compositions.
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`29.
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`In late April of 2021, Plaintiff discovered that despite Defendants’ promises to
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`discontinue all use of the Compositions, Sebastien had released an album with the Compositions
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`which could be accessed on many different music platforms.
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`30.
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`On or about December 22, 2021, Plaintiff contacted ASCAP seeking to remove
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`Sebastien as editor of the Compositions.
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`5
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`CASE NO.
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 6 of 12
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`31.
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`Sebastien denied Plaintiff’s request to ASCAP even though he knew he had no
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`right to do so. Therefore, ASCAP responded to Plaintiff indicating that to make the requested
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`change Plaintiff would need to submit a joint-agreement from the parties or a court order.
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`32.
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`To the best of Plaintiff’s knowledge, the Defendants have since removed the
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`Compositions from iTunes, Spotify and other music streaming sources except from Juan’s
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`YouTube Account.
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`33.
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`Plaintiff owns all exclusive rights, including without limitation the rights to
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`reproduce the copyrighted works within Plaintiff’s Registrations, to prepare derivative works
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`based upon Plaintiff’s Registrations, and to distribute copies of Plaintiff’s Registrations to the
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`public.
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`34.
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`Defendant had access to Plaintiff’s Compositions and has intentionally
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`incorporated Plaintiff’s copyrighted works into his album in order to financially benefit from
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`Plaintiff’s creations.
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`35.
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`Defendants’ exploitation of Plaintiff’s copyrighted works for Defendants’ own
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`financial gain constitutes infringement of Plaintiff’s intellectual property rights in the
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`Compositions.
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`36.
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`Defendants’ infringing acts were willful, intentional, and purposeful, and in
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`disregard of and with indifference to Plaintiff’s rights.
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`IV. COUNT I
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`FEDERAL COPYRIGHT INFRINGEMENT
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`(17 U.S.C. §§ 106 AND 501, et seq.)
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`37.
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`Plaintiff hereby re-alleges and incorporates each and every allegation set forth in
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`Paragraphs 1-36 as if the same was more fully set forth herein.
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`6
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`CASE NO.
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 7 of 12
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`38.
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`Plaintiff’s Compositions constitute original works and copyrightable subject
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`matter pursuant to the Copyright Act, 17 U.S.C. §§ 101, et seq.
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`39.
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`Plaintiff has complied with the registration requirements of 17 U.S.C. § 411(a) for
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`Plaintiff’s Registrations, as protected by U.S. Copyright Registration Nos. PAU 3-960-275, PAU
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`3-946-037, and PAU 2-538-356 which were duly issued to Plaintiff by the United States
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`Copyright Office.
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`40.
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`At all relevant times, Plaintiff has been and still is the owner of all rights, title, and
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`interest in Plaintiff’s Registrations, which have never been assigned, licensed, or otherwise
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`transferred to Defendants in any way.
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`41.
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`Plaintiff’s Registrations are published and available to Defendants online as well
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`as being made available to Defendants through the parties’ attempts at collaboration. As such,
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`Defendants clearly had access to Plaintiff’s Registrations.
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`42.
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`Defendants had actual or constructive notice of Plaintiff’s copyright ownership in
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`and to the Compositions.
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`43. Without authorization from Plaintiff, or any right under the law, Defendants have
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`deliberately copied, displayed, distributed, reproduced and made derivative works incorporating
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`Plaintiff’s Compositions on Sebastien’s album and Juan’s YouTube account. Defendant’s
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`unauthorized reproduced and derivative works are identical to the works provided by Plaintiff
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`that utilize Plaintiff’s Registrations. Such conduct is a deliberate infringement of Plaintiff’s
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`intellectual property rights.
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`44.
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`Defendants have unlawfully appropriated Plaintiff’s protectable Compositions for
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`a commercial purpose without authorization to do so in derogation of Plaintiff’s rights under 17
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`U.S.C. §§ 106(1)-(3).
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`7
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`CASE NO.
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 8 of 12
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`45.
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`On information and belief, Defendants’ infringement has been willful, intentional,
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`and purposeful, and in disregard of and with indifference to Plaintiff’s intellectual property rights.
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`46.
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`Defendants’ aforesaid acts have caused and will continue to cause Plaintiff to
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`suffer damages and irreparable injury, and unless such acts are restrained by this Court through
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`preliminary and/or permanent injunctive relief, such acts will be continued, and Plaintiff will
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`continue to suffer damages and irreparable injury. Plaintiff is entitled to injunctive relief through
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`17 U.S.C. § 502.
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`47.
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`As a direct and proximate result of its wrongful conduct, Plaintiff has suffered and
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`will continue to suffer actual damages in addition to Defendants’ profiting and continuing to profit
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`from its wrongful conduct. Accordingly, Plaintiff seeks an award of damages pursuant to 17
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`U.S.C. § 504. Plaintiff further seeks an accounting for all profits made by defendants and an
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`equitable disgorgement of Defendants’ profits as a result of their conduct.
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`48.
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`Alternatively, Plaintiff is entitled to, and may elect to choose statutory damages
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`pursuant to 17 U.S.C. § 504(c), which should be enhanced by 17 U.S.C. § 504(c)(2) because of
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`Defendants’ willful copyright infringement.
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`49.
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`Plaintiff seeks and is also entitled to recover reasonable attorneys’ fees and costs
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`of suit pursuant to 17 U.S.C. § 505.
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`50.
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`Additionally, the Court should enter an order requiring Sebastien to remove his
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`name as the editor, composer or contributor on the Compositions on any registration or forum.
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`V.
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`COUNT II
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`UNJUST ENRICHMENT
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`51.
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`Plaintiff hereby re-alleges and incorporates each and every allegation set forth in
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`Paragraphs 1-50 as if the same was more fully set forth herein.
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`8
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`CASE NO.
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 9 of 12
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`52.
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`As a result of Defendants’ actions as stated herein, Defendants have been unjustly
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`enriched and, at the same time, is causing a loss of revenue in the form of royalties to Plaintiff to
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`Plaintiff’s detriment.
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`53.
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`Circumstances are such that it would be inequitable to allow Defendants to retain
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`the benefit of the royalties earned from works that infringed Plaintiff’s copyright rights.
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`54.
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`Defendants have accepted and retained the benefit of the unjust enrichment from
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`his wrongful conduct.
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`55.
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`There is no express, written contract between the parties that would allow for
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`Defendants to retain the benefit of the unjust enrichment from his wrongful conduct described
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`herein.
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`56.
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`Plaintiff is entitled to recover from Defendants his unjust enrichment including
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`gains, profits, and advantages obtained as a result of his wrongful conduct. Sebastien should also
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`be prevented from retaining the benefit of the unjust enrichment in the form of being named as
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`editor, composer, or contributor for the Compositions.
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`57.
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`At this time, Plaintiff is unable to determine the full extent of the gains, profits,
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`and advantages Defendants have obtained by reason of his wrongful conduct.
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`58.
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`Therefore, Plaintiff seeks damages based on Defendants’ unjust enrichment in an
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`amount to be proven at trial.
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`59.
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`The Court should further order Sebastien to relinquish his position as editor of the
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`Compositions on ASCAP.
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`9
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`CASE NO.
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 10 of 12
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`VI.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
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`1.
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`2.
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`For judgment in favor of Plaintiff against Defendants on all claims;
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`That pursuant to 17 U.S.C. § 502 and its inherent equitable powers, the Court issue
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`a permanent injunction restraining and enjoining Defendants from reproducing, distributing copies
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`of, making derivative works of, or publicly performing Plaintiff’s copyrighted works in Plaintiff’s
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`Registrations;
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`3.
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`That pursuant to 17 U.S.C. § 502 and its inherent equitable powers, Sebastien’s
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`infringing songs permanently removed from all online platforms and Defendants be permanently
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`restrained from future infringement of Plaintiff’s Registrations;
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`4.
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`That pursuant to 17 U.S.C. § 504, Plaintiff recover actual damages and Defendants’
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`profits, such sums to be proven at trial;
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`5.
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`Alternatively, and at Plaintiff’s election prior to any final judgment being entered,
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`Plaintiff is entitled to the maximum amount of statutory damages provided by law, $150,000 per
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`work infringed, pursuant to 17 U.S.C. § 504(c), or for any other such amount as may be proper
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`pursuant to 17 U.S.C. § 504(c);
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`6.
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`That Defendants be ordered to pay all of Plaintiff’s attorney fees and costs
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`associated with this action pursuant to 17 U.S.C. § 505.
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`Awarding pre- and post- judgment interest.
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`Awarding Plaintiff such other and further relief as this Court deems is just and
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`7.
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`8.
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`proper.
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`10
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`CASE NO.
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 11 of 12
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`Jury Trial Demand
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`Plaintiff hereby demands a jury trial on all issues so triable.
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`Dated this 25 day of April 2024
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`BAYRAMOGLU LAW OFFICES LLC.
`By:
`/s/Adam Livingston
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`
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`Adam Livingston, Esq.
`1540 West Warm Springs Road, Suite 100
`Henderson, Nevada 89052
`(702) 462-5973
`adam@bayramoglu-legal.com
`Attorneys for Plaintiff
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`11
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`CASE NO.
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`Case 5:24-cv-00435-OLG Document 1 Filed 04/25/24 Page 12 of 12
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`CERTIFICATE OF SERVICE
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`I hereby certify that on the 25th day of April 2024, I electronically filed the foregoing
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`document with the clerk of the court for the U.S. District Court, Western District of Texas, using
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`the electronic case filing system of the court. The electronic case filing system sent a “Notice of
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`Electronic Filing” to the attorneys of record who have consented in writing to accept this Notice
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`as service of this document by electronic means.
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`
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` By: /s/ Adam Livingston
` ADAM LIVINGSTON, ESQ.
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`12
`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`CASE NO.
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