UNITED STATED DISTRCICT COURT SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION

BRIAN METHE,

Plaintiff,

vs.

AMAZON.COM DEDC, LLC, et al,

Defendants.

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 CASE NO. 1:17-CV-749

TIMOTHY S. BLACK

ANSWER OF DEFENDANT OOSHIRTS, 

INC.

JURY DEMAND ENDORSED HEREON

Now comes Defendant, Ooshirts Inc., by and through Counsel, Marshall W. Guerin, and 

for its Answer to the Complaint hereby alleges and avers as follows:

1. Defendant is without knowledge or information sufficient to form a belief as to the 

allegations contained in the same numbered paragraph of the Plaintiff’s Complaint and therefore 

denies those allegations.

2. Defendant is without knowledge or information sufficient to form a belief as to the 

allegations contained in the same numbered paragraph of the Plaintiff’s Complaint and therefore 

denies those allegations.

3. Defendant is without knowledge or information sufficient to form a belief as to the 

allegations contained in the same numbered paragraph of the Plaintiff’s Complaint and therefore 

denies those allegations.

4. Defendant is without knowledge or information sufficient to form a belief as to the 

allegations contained in the same numbered paragraph of the Plaintiff’s Complaint and therefore 

denies those allegations.

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5. Defendant is without knowledge or information sufficient to form a belief as to the 

allegations contained in the same numbered paragraph of the Plaintiff’s Complaint and therefore 

denies those allegations.

6. Defendant is without knowledge or information sufficient to form a belief as to the 

allegations contained in the same numbered paragraph of the Plaintiff’s Complaint and therefore 

denies those allegations.

7. Defendant is without knowledge or information sufficient to form a belief as to the 

allegations contained in the same numbered paragraph of the Plaintiff’s Complaint and therefore 

denies those allegations.

8. Defendant is without knowledge or information sufficient to form a belief as to the 

allegations contained in the same numbered paragraph of the Plaintiff’s Complaint and therefore 

denies those allegations.

9. Defendant admits the allegations contained in the same numbered paragraph of the 

Complaint.

10. Defendant is without knowledge or information sufficient to form a belief as to the 

allegations contained in the same numbered paragraph of the Plaintiff’s Complaint and therefore 

denies those allegations.

11. Defendant denies the allegations contained in the same numbered paragraph of the 

Complaint.

12. Defendant denies the allegations contained in the same numbered paragraph of the 

Complaint.

13. Defendant denies the allegations contained in the same numbered paragraph of the 

Complaint.

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14. Defendant is without knowledge or information sufficient to form a belief as to the 

allegations contained in the same numbered paragraph of the Plaintiff’s Complaint and therefore 

denies those allegations.

15. Defendant is without knowledge or information sufficient to form a belief as to the

allegations contained in the same numbered paragraph of the Plaintiff’s Complaint and therefore 

denies those allegations.

16. Defendant is without knowledge or information sufficient to form a belief as to the 

allegations contained in the same numbered paragraph of the Plaintiff’s Complaint and therefore 

denies those allegations.

17. Defendant is without knowledge or information sufficient to form a belief as to the 

allegations contained in the same numbered paragraph of the Plaintiff’s Complaint and therefore 

denies those allegations.

18. Defendant is without knowledge or information sufficient to form a belief as to the 

allegations contained in the same numbered paragraph of the Plaintiff’s Complaint and therefore 

denies those allegations.

19. Defendant denies the allegations contained in the same numbered paragraph of the 

Complaint.

20. Defendant is without knowledge or information sufficient to form a belief as to the 

allegations contained in the same numbered paragraph of the Plaintiff’s Complaint and therefore 

denies those allegations.

21. Defendant admits the allegations contained in the same numbered paragraph of the 

Complaint.

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22. Defendant denies the allegations contained in the same numbered paragraph of the 

Complaint.

23. Defendant denies the allegations contained in the same numbered paragraph of the 

Complaint.

24. Defendant denies the allegations contained in the same numbered paragraph of the 

Complaint.

25. Defendant denies the allegations contained in the same numbered paragraph of the 

Complaint.

26. Defendant is without knowledge or information sufficient to form a belief as to the 

allegations contained in the same numbered paragraph of the Plaintiff’s Complaint and therefore 

denies those allegations.

27. Defendant is without knowledge or information sufficient to form a belief as to the 

allegations contained in the same numbered paragraph of the Plaintiff’s Complaint and therefore 

denies those allegations.

28. Defendant denies the allegations contained in the same numbered paragraph of the 

Complaint.

29. Defendant denies the allegations contained in the same numbered paragraph of the 

Complaint.

30. Defendant denies the allegations contained in the same numbered paragraph of the 

Complaint.

31. Defendant denies the allegations contained in the same numbered paragraph of the 

Complaint.

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32. Defendant denies the allegations contained in the same numbered paragraph of the 

Complaint.

33. Defendant denies the allegations contained in the same numbered paragraph of the 

Complaint.

34. Defendant denies the allegations contained in the same numbered paragraph of the 

Complaint.

35. Defendant denies the allegations contained in the same numbered paragraph of the 

Complaint.

First Affirmative Defense 

Defendant denies each and every other allegation not specifically admitted hereinabove.

Second Affirmative Defense

The Complaint fails to state a claim upon which relief can be granted pursuant to Rule 

12(B)(6) of the Federal Rules of Civil Procedure.

Third Affirmative Defense

There has been a failure to join all the parties necessary for a just adjudication as required by 

Rules 19 and 19.1 of the Ohio Rules of Civil Procedure.

Fourth Affirmative Defense

The Plaintiff’s claims are barred by the doctrine of fair use.

Fifth Affirmative Defense

Plaintiff’s claims are bared for a lack of subject matter jurisdiction because he lacks valid 

copyright registrations for the intellectual property right asserted, or has not properly or timely 

registered his works. 

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Sixth Affirmative Defense

Plaintiff’s claims are barred by the doctrine of laches.

Seventh Affirmative Defense

Plaintiff’s claims are barred by estoppel.

Eighth Affirmative Defense

Plaintiff’s claims are barred by the doctrine of unclean hands.

Ninth Affirmative Defense

Plaintiff’s claims are barred by waiver.

Tenth Affirmative Defense

Plaintiff’s copyrights are invalid and/or unenforceable.

Eleventh Affirmative Defense

Plaintiff’s claims are barred under the Digital Millennium Copyright Act, 17 U.S.C. 512.

Twelfth Affirmative Defense

Plaintiff’s has implicitly authorized the use of his work. 

Thirteenth Affirmative Defense

Plaintiff’s claims are barred to the extent he has forfeited or abandoned his intellectual 

property.

Fourteenth Affirmative Defense

Plaintiff’s claims are barred by the doctrine of misuse of copyright. 

Fifteenth Affirmative Defense

Plaintiff’s claims are barred by Plaintiff’s license, consent, and acquiescence to the 

Defendant’s use. 

Sixteenth Affirmative Defense

Plaintiff’s claims are barred, in whole, or in part because Defendant’s conduct was in good 

faith and with non-willful intent, at all time. 

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Seventeenth Affirmative Defense

Plaintiff’s claims are barred under 17 U.S.C. 109 and the doctrine of exhaustion. 

Eighteenth Affirmative Defense

Plaintiff’s claims are barred because the alleged infringement was not caused by a volitional 

act attributable to this Defendant. 

Nineteenth Affirmative Defense

Plaintiff’s claims are barred because statutory damages sought are unconstitutionally 

excessive and disproportionate to any actual damages that may have been sustained in violation of 

the Due Process Clause. 

Twentieth Affirmative Defense

Plaintiff’s claims are barred to the extent that the Defendant’s actions and speech are protected 

by the First Amendment. 

Twenty-First Affirmative Defense

Defendant reserves the right so supplement or amend this answer, including through the 

addition of further affirmative defenses, based upon they course of discovery and proceedings in this 

action. 

WHEREFORE, Defendant prays that the Complaint be dismissed with prejudice and that 

the Defendant be allowed to go free henceforth without cost.

Jury Demand

Pursuant to Rule 38 of the Federal Rules of Civil Procedure, the Defendant hereby demands 

a trial by jury.

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Respectfully submitted,

s/Marshall W. Guerin/s

MARSHALL W. GUERIN, (#0059244)

Law Offices of Craig S. Cobb

Mailing Address

P.O. Box 258829

Oklahoma City OK 73125-8829

Physical Address

2545 Farmers Drive, Suite 370

Columbus, OH 43235

Telephone: (614) 734-3281

Facsimile: (614) 799-3251

marshall.guerin@farmersinsurance.com

Attorney for Defendant

NOTICE

All attorneys and staff of the Law Offices of Craig S. Cobb are employees of Farmers 

Insurance Exchange, a Member of the Farmers Insurance Group of Companies, and not a partnership.

CERTIFICATE OF SERVICE

A copy of the foregoing was served this 8th day of January, 2018, via the Court’s Electronic 

Filing System, First-Class United States mail, postage prepaid, and/or electronic mail to the following

Michael A. Galasso, Esq.

Robbins, Kelly, Patterson & Tucker, LPA

7 West Seventh Street - Ste. 1400

Cincinnati, Ohio 45202-2417

mgalasso@rkpt.com

Attorney for Plaintiff, Brian Methe

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Lauren E. Landenwich, Esq.

Clay Daniel Walton and Adams PLC

101 Meidinger Tower

462 S. Fourth Street

Louisville, KY 40202

laura@justiceky.com

Attorney for Plaintiff, Brian Methe

John C. Greiner, Esq.

Graydon Head & Ritchey LLP

312 Walnut Street, Suite 1800

Cincinnati, OH 45202

sgreiner@graydonlaw.com

Attorney for Amazon.Com.DEDC, LLc

Kellie A. Kulka, Esq.

Graydon Head & Ritchey LLP

312 Walnut Street, Suite 1800

Cincinnati, OH 45202

kkulka@graydonlaw.com

Attorney for Amazon.Com.DEDC, LLc

Ript Apparel, LLC

1641 W. Caroll Avenue

Chicago, IL 60612

Attorney for Defendant, Ript Apparel, LLC

Redbubble, Inc.

633 Howard Street

San Fransisco, CA 94105

Attorney for Defendant, Redbubble, Inc.

Webintellics, Inc.

1406 Waterford Road

Yardley, PA 19067

Attorney for Defendant, Webintellics, Inc.

s/Marshall W. Guerin/s

Marshall W. Guerin

Attorney for Defendant, 

Ooshirts Inc.

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