PAGE 1 of 7 – COMPLAINT

Ben F. Veralrud, OSB #124860

Abraham J. Barnett, OSB #082545

THE BARNETT FIRM, LLC

10200 SW Greenburg Road; Suite 340

Portland, OR 97223

(503) 688-5106

(503) 716-4633 facsimile

Ben.Veralrud@hg-wt.com

 Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

ACTION WINDOW & GUTTER 

CLEANING, LLC,

 Plaintiff,

v.

NW HOME MAINTENANCE LLC, doing 

business as HOMEMASTERS,

 Defendant.

Case No. ______________________

COMPLAINT

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

JURY TRIAL REQUESTED

COMPLAINT

This is an action for infringement of copyrights belonging to Plaintiff, in violation of 

Title 17 of the U.S. Code. Plaintiff alleges as follows:

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Case 3:15-cv-00354-MO Document 1 Filed 03/02/15 Page 1 of 7
PAGE 2 of 7 – COMPLAINT

PARTIES

1.

Plaintiff is an Oregon limited liability company having its principal place of business at 

5461 Windsor Terrace, West Linn, Oregon 97068. Plaintiff is engaged in the business of gutter, 

roof, and window cleaning and repair for both commercial and residential properties. 

2.

According to Plaintiff’s information and belief, Defendant NW Home Maintenance LLC, 

doing business as Homemasters, is an Oregon limited liability company having its principal 

place of business at 7225 SW Bonita Road, Tigard, Oregon 97224. Homemasters is engaged in 

the business of providing residential and commercial cleaning, repair, and maintenance services. 

One of Homemasters’ primary services is residential and commercial roof cleaning and repair. 

JURISDITION AND VENUE

3.

This Court has jurisdiction over this matter pursuant to 28 U.S.C. §1338(a). 

4.

Venue is appropriate in this Court under 28 U.S.C. §1400(a), the statute governing venue 

in copyright cases, because Defendant’s principal place of business may be found in this District.

FACTS

5.

Plaintiff advertises its services through a variety of methods, including but not limited to 

a company website (the “Website”). 

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6.

The Website contains two photos – a photo of a moss-covered roof with the word 

“Before” printed on the photo, and a second photo of the same roof with the moss removed and 

the word “After” printed on the photo (collectively, the “Original Photos”). The Original Photos 

are attached hereto as Exhibit A and incorporated herein by reference. 

7.

At some time prior to 2014, Plaintiff took the Original Photos on its camera following 

Plaintiff’s completion of a roof cleaning project for a client.

8.

Plaintiff has never licensed or sold the rights to use or distribute the Original Photos and, 

therefore, has exclusive rights to the use of the Original Photos as the owner of the copyrights for 

the Original Photos. 

9.

At some time prior to 2014, Plaintiff began publishing the Original Photos on the 

Website. As of the filing of this Complaint, the Original Photos remain on the Website.

10.

Plaintiff published the Original Photos on the Website in order to demonstrate the quality 

of its roof cleaning services and attract new customers. 

11.

At some time before December 15, 2014, Defendant employed Active Media Publishing 

to advertise its services.

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PAGE 4 of 7 – COMPLAINT

12.

At some time before December 15, 2014, Active Media Publishing began circulating a 

mail flier titled “Preferred Neighborhood” (the “Flier” or “Fliers”) in areas including, but not 

limited to, Washington County, Oregon. The Flier is attached hereto as Exhibit B and 

incorporated herein by reference. 

13.

The Flier contains an advertisement for Homemasters’ services, namely for roofing 

maintenance, gutter cleaning, roofing, and free estimates (the “Advertisement”). The 

Advertisement appears in the Flier, attached hereto as Exhibit B. 

14.

The Advertisement contains two photos, one depicting a moss-covered roof with the 

word “Before” printed on the photo, and the other photo depicting a moss-free roof with the 

word “After” printed on the photo (collectively, the “Duplicate Photos”).

15.

Defendant provided the Original Photos to Active Media Publishing in order to be 

included in the Advertisement. 

16.

The Duplicate Photos are identical to the Original Photos other than the font type and 

placement of the words “Before” and “After” on the photos.

17.

Upon seeing the Duplicate Photos in the Flier, Plaintiff notified Active Media Publishing 

of its wrongful dissemination of the Duplicate Photos based on the Duplicate Photos being 

identical to the Original Photos. 

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PAGE 5 of 7 – COMPLAINT

18.

In response to Plaintiff’s notification, Active Media Publishing admitted to sending out 

approximately 50,000 Fliers, but indicated to Plaintiff that it was too late to do anything because 

the Fliers had already been mailed out to the public. 

COUNTS 1 – 50,000 (one count for each of the Fliers)

Copyright Infringement – 17 U.S.C. § 501

19.

Plaintiff realleges and incorporates herein by reference paragraphs 1-18 of this 

Complaint. 

20.

Upon seeing the Duplicate Photos in the Flier, Plaintiff notified Defendant that the 

Duplicate Photos were the same photos as the Original Photos.

21.

Upon notifying Defendant that the Duplicate Photos were the same photos as the Original 

Photos, Defendant acknowledged that it used the Original Photos in the Advertisement in the 

Flier.

22.

At all times herein, Defendant has been fully aware of its obligations under copyright 

law. 

23.

At all times herein, Defendant has been in a position to control the infringement 

described in this Complaint, and has had a direct financial stake in the infringing activity. 

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24.

Defendant’s infringement of Plaintiff’s copyrights was willful. 

25.

Defendant’s use of the Original Photos as the Duplicate Photos caused substantial harm 

to Plaintiff by falsely representing to consumers that Defendant’s roof cleaning services are 

identical in quality to those offered by Plaintiff, thereby creating artificial competition for 

Plaintiff’s services and causing a loss of business to Plaintiff. 

26.

Each one of the 50,000 Fliers caused damage to Plaintiff in an amount to be specified at 

trial but not to exceed $1.00 per Flier. 

27.

Plaintiff will continue to suffer harm if Defendant is permitted to continue its infringing 

activities. 

WHEREFORE, Plaintiff prays for judgment as follows:

A) For an order permanently enjoining Defendant, its officers, agents, servants, employees, 

and attorneys, and all those in active concert with Defendant or participation with it, from 

all further reproduction and distribution of the Original Photos by any means; 

B) For Plaintiff’s direct and consequential damages arising from Defendant’s willful 

infringement of copyrights in an amount to be proven at trial but not to exceed $1.00 per 

Flier, or $50,000.00;

C) For Plaintiff’s reasonable attorney fees and costs, as provided in 17 U.S.C. §505, and 

interest as provided by law; and

Case 3:15-cv-00354-MO Document 1 Filed 03/02/15 Page 6 of 7
PAGE 7 of 7 – COMPLAINT

D) For such other relief as the Court deems just and proper.

DATED this 26th day of February, 2015.

 /s/ Ben F. Veralrud 

Ben F. Veralrud, OSB #124860

Abraham J. Barnett, OSB #082545

THE BARNETT FIRM, LLC

10200 SW Greenburg Road, Suite 340

Portland, OR 97223

(503) 688-5106

(503) 716-4633 (fax)

Ben.veralrud@hg-wt.com

 Attorneys for Plaintiff

Case 3:15-cv-00354-MO Document 1 Filed 03/02/15 Page 7 of 7