UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS

TERO PAUNONEN,

 Plaintiff, 

- against -

TEXAS HELICAL PILES, LLC

 Defendant. 

Docket No. 5:20-cv-00334

JURY TRIAL DEMANDED

COMPLAINT 

Plaintiff Tero Paunonen (“Pauonen” or “Plaintiff”) by and through his undersigned 

counsel, as and for his Complaint against Defendant Texas Helical Piles, LLC (“Texas Helical 

Piles” or “Defendant”) hereby alleges as follows:

NATURE OF THE ACTION

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

Act. This action arises out of Defendant’s unauthorized reproduction and public display of

copyrighted photographs of construction sites, owned and registered by Pauonen, a professional

photographer. Accordingly, Pauonen seeks monetary relief under the Copyright Act of the 

United States, as amended, 17 U.S.C. § 101 et seq. 

JURISDICTION AND VENUE

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

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

3. Upon information and belief, this Court has personal jurisdiction over Defendant 

because Defendant resides and/or transacts business in Texas.

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

PARTIES

5. Pauonen is a professional photographer in the business of licensing his 

photographs for a fee having a usual place of business at Yia-Haikkoontie 10A, Porvoo, Uusimaa 

06400 Finland.

6. Upon information and belief, Texas Helical Piles is a domestic limited liability 

company and existing under the laws of the State of Texas, with a place of business at 1314 

Muncey Street, San Antonio, Texas 78208. Upon information, Texas Helical Piles is registered 

with the Texas Department of State to do business in Texas. At all times material hereto, Texas 

Helical Piles has owned and operated a website at the URL: www.TexasPiles.com (the 

“Website”). 

STATEMENT OF FACTS

A. Background and Plaintiff’s Ownership of the Photographs

7. Pauonen photographed construction sites (the “Photographs”).

8. Pauonen is the author of the Photographs and has at all times been the sole owner 

of all right, title and interest in and to the Photographs, including the copyright thereto. 

9. The Photographs were registered with United States Copyright Office and were

given Copyright Registration Numbers VA 2-137-037, VA 2-137-138, VA 1-36-911, VA 2-137-

146, VA 2-137-035, VA 2-136-934, VA 2-137-037, VA 2-147-740.

B. Defendant’s Infringing Activities

10. Texas Helical Piles ran the Photograph on the Website. Screenshots of the 

Photographs on the Website are attached hereto as Exhibits A, B, C and D. 

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11. Texas Helical Piles did not license the Photographs from Plaintiff for its Wesbite, 

nor did Texas Helical Piles have Plaintiff’s permission or consent to publish the Photographs on 

its Website.

CLAIM FOR RELIEF

(COPYRIGHT INFRINGEMENT AGAINST DEFENDANT)

(17 U.S.C. §§ 106, 501)

12. Plaintiff incorporates by reference each and every allegation contained in 

Paragraphs 1-11 above. 

13. Texas Helical Piles infringed Plaintiff’s copyright in the Photographs by 

reproducing and publicly displaying the Photographs on the Website. Texas Helical Piles is not, 

and has never been, licensed or otherwise authorized to reproduce, publically display, distribute 

and/or use the Photographs. 

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

copyright and exclusive rights under copyright in violation of Sections 106 and 501 of the 

Copyright Act, 17 U.S.C. §§ 106 and 501. 

15. Upon information and belief, the foregoing acts of infringement by Texas Helical 

Piles have been willful, intentional, and purposeful, in disregard of and indifference to Plaintiff’s 

rights.

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

Plaintiff’s copyright and exclusive rights under copyright, Plaintiff is entitled to damages and 

Defendant’s profits pursuant to 17 U.S.C. § 504(b) for the infringement.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment as follows: 

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1. That Defendant Texas Helical Piles be adjudged to have infringed upon Plaintiff’s 

copyrights in the Photographs in violation of 17 U.S.C §§ 106 and 501;

2. That Plaintiff be awarded Plaintiff’s actual damages and Defendant’s profits, 

gains or advantages of any kind attributable to Defendant’s infringement of 

Plaintiff’s Photographs;

3. That Defendant be required to account for all profits, income, receipts, or other 

benefits derived by Defendant as a result of its unlawful conduct;

4. That Plaintiff be awarded punitive damages for copyright infringement;

5. That Plaintiff be awarded attorney’s fees and costs;

6. That Plaintiff be awarded pre-judgment interest; and 

7. Such other and further relief as the Court may deem just and proper. 

DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury on all issues so triable in accordance with Federal 

Rule of Civil Procedure 38(b). 

Dated: Valley Stream, New York

March 17, 2020

LIEBOWITZ LAW FIRM, PLLC

By: /s/Richard Liebowitz

 Richard P. Liebowitz 

11 Sunrise Plaza, Suite 305

Valley Stream, NY 11580 

Tel: (516) 233-1660

RL@LiebowitzLawFirm.com 

Attorneys for Plaintiff Tero Pauonen

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