COMPLAINT FOR COPYRIGHT INFRINGEMENT 

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John Tehranian (Bar No. 211616)

jtehranian@onellp.com 

ONE LLP

4000 MacArthur Blvd. 

East Tower, Suite 500 

Newport Beach, CA 92660 

Telephone: 949) 502-2870 

Facsimile: (949) 258-5081 

Joanna Ardalan (Bar No. 285384) 

jardalan@onellp.com 

ONE LLP 

9301 Wilshire Blvd. 

Penthouse Suite 

Beverly Hills, CA 90210 

Telephone: (310) 866-5157 

Facsimile: (310) 943-2085 

Attorneys for Plaintiffs 

Creative Photographers, Inc.

UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF TEXAS – AUSTIN DIVISION 

CREATIVE PHOTOGRAPHERS, 

INC., a New York corporation, 

Plaintiffs, 

v. 

BLOOMJOY, INC., a Delaware 

corporation; and DOES 1-10, inclusive,

Defendants. 

Case No. 

COMPLAINT FOR COPYRIGHT 

INFRINGEMENT (17 U.S.C. § 501) 

DEMAND FOR JURY TRIAL 

1:20-cv-00160

Case 1:20-cv-00160-LY Document 3 Filed 02/12/20 Page 1 of 9
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COMPLAINT FOR COPYRIGHT INFRINGEMENT 

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Creative Photographers, Inc. (“CPI” or “Plaintiff”), by and through its 

attorneys of record, complain against BloomJoy, Inc. (“BloomJoy”) and Does 1-

10 (collectively “Defendants”) as follows: 

JURISDICTION AND VENUE 

1. This is a civil action against Defendants for their acts of copyright 

infringement in violation of the United States Copyright Act, 17 U.S.C. § 101. 

This Court has subject matter jurisdiction over the copyright infringement claim 

under 28 U.S.C. § 1331, 28 U.S.C. § 1332, 17 U.S.C. § 501(a), and 28 U.S.C. § 

1338(a). 

2. Venue is proper in this District under 28 U.S.C. §§ 1391(b) and (c) 

and 28 U.S.C. § 1400(a) in that the claim arises in this Judicial District, the 

Defendant may be found and transacts business in this Judicial District, and the 

injury suffered by Plaintiffs took place in this Judicial District. Defendant is 

subject to the general and specific personal jurisdiction of this Court because of 

their contacts with the State of Texas. Specifically, on information and belief, 

Defendant’s principal place of business is in Austin, Texas. 

PARTIES, JURISDICTION AND VENUE 

3. Plaintiff is a corporation existing under the laws of the state of New 

York and has a principal place of business in New York, New York. 

4. Plaintiff is informed and believe and, upon such, allege that 

BloomJoy is a corporation existing under the laws of Delaware and has a 

principal place of business in Austin, Texas. 

5. DOES 1 through 10, inclusive, are unknown to Plaintiffs, who 

therefore sue said Defendants by such fictitious names. Plaintiffs will ask leave 

of Court to amend this Complaint and insert the true names and capacities of said 

Defendants when the same have been ascertained. Plaintiffs are informed and 

believe and, upon such, allege that each of the Defendants designated herein as a 

“DOE” is legally responsible in some manner for the events and happenings 

Case 1:20-cv-00160-LY Document 3 Filed 02/12/20 Page 2 of 9
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COMPLAINT FOR COPYRIGHT INFRINGEMENT 

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herein alleged, and that Plaintiffs’ damages as alleged herein were proximately 

caused by such Defendants. Plaintiff is informed and believes that, at least, DOE 

1 is responsible for posting the CPI photographs at issue in this lawsuit on a 

website called Wokesloth.com which is part of the BloomJoy network. Said 

photographs have also been reproduced, publicly displayed and distributed on 

bloomjoy.com and readbloomjoy.com (the “BloomJoy Websites”), which is 

owned, operated and controlled by Bloomjoy, as demonstrated by, inter alia, a 

copyright notice at the bottom of the websites which credits BloomJoy for the 

website content. 

STATEMENT OF FACTS 

Plaintiff and the Works Forming the Subject Matter of This Dispute 

6. Plaintiff CPI was founded in 1994 with a vision to create an 

independent “boutique style” photo agency with an exclusive library of cuttingedge and high-end images featuring celebrities and other notable subject matter. 

Today, its exclusive library is licensed for use in books, exhibitions, print sales, 

licensing, and other special projects around the world. Included in CPI’s library 

is a series of captivating and intimate shots of musician and television personality 

Christina Aguilera recently taken by noted photographer Zoey Grossman. These 

photographs show Christina Aguilera appearing freckled and embracing the 

beauty of her natural imperfections. First run in noted fashion and photography 

magazine Paper, the images were hailed by Cosmopolitan as “stunning,” 

heralded by People as “gorgeous,” and lauded by Billboard as “shockingly 

understated.” In short, these photographs of Aguilera were a transformative 

moment for Aguilera and a sharp contrast to her traditional public appearance, 

which often relies on heavy mascara, lipstick and styling. 

7. At least four of the Aguilera photographs are at issue in this 

litigation (the “CPI Photos”). CPI is the exclusive agent with respect to those 

Case 1:20-cv-00160-LY Document 3 Filed 02/12/20 Page 3 of 9
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COMPLAINT FOR COPYRIGHT INFRINGEMENT 

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works in question and is therefore the exclusive licensee of, among other things, 

the right to publicly distribute those works. 

8. The CPI Photos have been timely registered with the United States 

Copyright Office. See VA 2-105-011. 

Defendants and their Unlawful Activities 

9. On information and belief, Defendant BloomJoy is an accessible 

platform that allows online influencers to easily monetize content through 

syndicating such content throughout its network. Aside from assisting in 

monetization, BloomJoy provides a “team of 100+ award-winning writers, 

designers and influencers [who will] help [influencers] take [] content capabilities 

to the next level.” In addition, BloomJoy promises to leverage its own 

100,000,000 follower network to help grow the audience of its clients. While 

BloomJoy has only been active for about a year and a half, it has already received 

substantial attention from the start-up business community. On information and 

belief, it has received over $1.3 million in funding. 

10. BloomJoy was co-founded by Jason Mustian, a veteran on the digital 

content marketplace. On information and belief, Mustian served as the VP of 

Content & Growth of Chive Media Group, another website which has repeatedly 

found itself accused on willful copyright infringement and has defended 

numerous lawsuits alleging willful copyright infringement of photographs. In 

addition, Mustian is the co-founder of SuperFeed Labs, a digital media company 

specializing in efficient publishing solutions and enjoys over 30 million unique 

visitors monthly. BloomJoy was also co-founded by David J. Phillips, a 

sophisticated angel investor and former Deloitte associate. 

11. Defendant is a sophisticated party who is therefore aware of the 

basic strictures of copyright law and the need to properly license content for its 

commercial exploitation and, yet, has knowingly and willfully exploited 

Plaintiff’s works without authorization from, or payment to, Plaintiff. 

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Defendant’s business model handsomely profits off of syndicating content, and 

that Defendant has done nothing ensure the content it profits from is lawfully 

exploited demonstrates, at least, a reckless disregard for the Plaintiff’s rights. 

Defendant has failed to register a Digital Millennium Copyright Act Agent with 

the Copyright Office for copyright holders to report infringement on the 

BloomJoy network. 

12. Defendants have reproduced, distributed and publicly displayed at

least four of the CPI Photos on the BloomJoy websites, including but not limited 

to readbloomjoy.com, wp.bloomjoy.systems, among other websites (collectively 

“the BloomJoy Websites”), without consent or license. On information and 

belief, each CPI Photo is, at least, stored on the BloomJoy network through the 

BloomJoy Websites. The CPI Photos have been also been publicly displayed and 

distributed by Doe 1 on its website, wokesloth.com. Attached as Exhibit A are 

true and correct screenshots of the infringements. 

13. Defendant used the CPI Photos to drive interest to their network and

to increase the potential for more traffic as well as advertising sales. Thus, 

Defendants acted with the purpose and goal of financial gain, despite being 

sophisticated parties, with full knowledge of the strictures of federal copyright 

law and the basic requirements for licensing the use of copyrighted content for 

commercial exploitation. 

FIRST CLAIM FOR RELIEF 

(Copyright Infringement, 17 U.S.C. § 501) 

14. Plaintiff incorporates here by reference the allegations in paragraphs

1 through 13 above. 

15. Plaintiff CPI is the rightsholder to the copyrights of the CPI Photos,

which consist of wholly original material that constitutes copyrightable subject 

matter under the laws of the United States. Plaintiff has complied in all respects 

with the Copyright Act and all of the laws of the United States governing 

Case 1:20-cv-00160-LY Document 3 Filed 02/12/20 Page 5 of 9
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COMPLAINT FOR COPYRIGHT INFRINGEMENT 

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copyrights, including timely registering the Photos with the United States 

Copyright Office. 

16. Defendants have directly, vicariously and/or contributorily infringed, 

and unless enjoined, will continue to infringe Plaintiffs’ copyrights, by 

reproducing, displaying, distributing and utilizing the Photos for purposes of trade 

in violation of 17 U.S.C. § 501 et seq. 

17. Defendants have willfully infringed the CPI Photos by knowingly 

reproducing, publicly displaying, publicly distributing, creating derivative works 

thereof and utilizing them for purposes of trade. 

18. Defendants’ acts of infringement are willful because, inter alia, 

Defendants are sophisticated parties with full knowledge of the strictures of 

federal copyright law and the basic requirements for licensing the use of 

copyrighted content for commercial exploitation. 

19. On information and belief, Defendants, despite such knowledge, 

willfully reproduced, publicly distributed, publicly displayed, and created 

derivative works of the Photos. Defendants have received substantial benefits in 

connection with the unauthorized reproduction, display, distribution and 

utilization of the infringed photos for purposes of trade, including by increased 

traffic to the website, and increased ad revenue. 

20. As a result of the acts of Defendants alleged herein, Plaintiffs have 

suffered substantial damage to their businesses in the form of injury to goodwill 

and reputation, and the dilution of the value of their rights, all of which are not 

yet fully ascertainable. Accordingly, Plaintiffs seek a declaration that Defendants 

have infringed Plaintiffs’ copyrights and an order under 17 U.S.C. § 502 

enjoining Defendants from any further infringement of Plaintiffs’ copyrights. 

21. In light of the willful nature of the copyright infringement, CPI is 

entitled to potential award of up to $600,000 in statutory damages for the 

infringement of their respective timely registered photographs. 

Case 1:20-cv-00160-LY Document 3 Filed 02/12/20 Page 6 of 9
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COMPLAINT FOR COPYRIGHT INFRINGEMENT 

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PRAYER FOR RELIEF 

WHEREFORE, Plaintiffs request judgment against Defendants as follows: 

1. That the Defendants, their officers, agents, servants, employees, 

representatives, and attorneys, and all persons in active concert or participation 

with them, be permanently enjoined from designing, copying, reproducing, 

displaying, promoting, advertising, distributing, or selling, or any other form of 

dealing or transaction in, any and all advertising and promotional materials, print 

media, signs, Internet websites, or any other media, either now known or 

hereafter devised, bearing any image or design which infringe, contributorily 

infringe, or vicariously infringe upon Plaintiffs’ Photos. 

2. For the entry of a seizure order directing the U.S. Marshall to seize 

and impound all items possessed, owned or under the control of Defendants, their 

officers, agents, servants, employees, representatives and attorneys, and all 

persons in active concert or participation with them, which infringe upon 

Plaintiffs’ Photos. copyrights, including but not limited to any and all 

broadcasting materials, advertising materials, print media, signs, Internet web 

sites, domain names, computer hard drives, servers or any other media, either 

now known or hereafter devised, bearing any materials which infringe, 

contributorily infringe, or vicariously infringe upon Plaintiffs’ Photos as well as 

all business records related thereto, including, but not limited to, lists of 

advertisers, clients, customers, viewers, distributors, invoices, catalogs, and the 

like. 

3. For actual damages and disgorgement of all profits derived by 

Defendants from their acts of copyright infringement and to reimburse Plaintiffs 

for all damages suffered by Plaintiffs by reasons of Defendants’ acts, pursuant to 

17 U.S.C. §§ 504 (a)(1) & (b). 

4. For an accounting of all profits, income, receipts or other benefit 

derived by Defendants from the reproduction, copying, display, promotion, 

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distribution or sale of products and services, or other media, either now known or 

hereafter devised, that improperly or unlawfully infringe upon Plaintiffs’ 

copyrights pursuant to 17 U.S.C. §§ 504 (a)(1) & (b). 

5. For statutory damages for copyright infringement, including willful

infringement, in accordance with 17 U.S.C. §§ 504(a)(2) & (c). 

6. For costs and interest pursuant to 17 U.S.C. §§ 504 (a)(1) & (b), 505.

7. For reasonable attorneys’ fees incurred herein pursuant to 17 U.S.C.

§§ 505.

8. For any such other and further relief as the Court may deem just and

appropriate. 

Dated: February 12, 2020 ONE LLP 

By: /s/ Joanna Ardalan 

John Tehranian 

Joanna Ardalan 

Attorneys for Plaintiffs 

Creative Photographers, Inc. 

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COMPLAINT FOR COPYRIGHT INFRINGEMENT 

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DEMAND FOR JURY TRIAL

Plaintiff hereby demands a trial by jury as to all claims and all issues properly 

triable thereby. 

Dated: February 12, 2020 ONE LLP 

By: /s/ Joanna Ardalan 

John Tehranian 

Joanna Ardalan 

Attorneys for Plaintiffs 

Creative Photographers, Inc. 

Case 1:20-cv-00160-LY Document 3 Filed 02/12/20 Page 9 of 9