Cary R. Cadonau, OSB #002245

ccadonau@bro wnsteinrask. com 

Stephen E. Blackman, OSB #912161

sblackman@bro wnsteinrask. com 

BROWNSTEIN | RASK 

1200 S.W. Main Street 

Portland, Oregon 97205

Tel^Kon^C503r4T2=6725----

Fax: (503)221-1074

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON, PORTLAND DIVISION

J.V. NORTHWEST, INC., an Oregon 

corporation.

Plaintiff,

V.

MARKS DESIGN AND METALWORKS, 

LLC, an Oregon limited liability company; and 

RYAN MARKS, an Individual.

Defendants.

Case No.

COMPLAINT

(Copyright Infringement)

Jury Trial Requested

Plaintiff alleges as follows

JURISDICTION AND VENUE

1. This is a civil action seeking damages and injunctive relief for copyright 

infringement under the copyright laws of the United States (17 U.S.C. § 101 et seq.).

2. This Court has jurisdiction under 17 U.S.C. § 101 et seq.; 28 U.S.C. § 1331 

(federal question); and 28 U.S.C. § 1338(a) (copyright).

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3. This Court has personal jurisdiction over defendants, and venue in this District is 

proper under 28 U.S.C. § 1391(b) and 28 U.S.C. § 1400(a), in that defendants do business and/or 

reside in this District, and the acts of infringement complained of herein occurred in this District.

PARTIES

4. Plaintiff is a corporation duly organized and existing under the laws of the state of 

Oregon, having its principal place of business in Oregon.

5. Defendant Marks Design and Metalworks, LLC is a limited liability company 

duly organized and existing under the laws of the State of Oregon, with its principal place of 

business in Washington.

6. Defendant Ryan Marks is an individual residing in this District, and he is the 

authorized member of Defendant Marks Design and Metalworks, LLC, a member-managed 

limited liability company.

COUNTI

INFRINGEMENT OF COPYRIGHTS

7. Plaintiff incorporates herein by this reference each and every allegation contained 

in each paragraph above.

8. Plaintiff is, and at all relevant times has been, the copyright owner of exclusive 

rights under United States copyright with respect to certain copyrighted materials, including but 

not limited to the copyrighted materials identified in Exhibit A attached hereto, and the 

copyrightable aspects of the internet web site “JVNW.com” incorporating that material. One of 

the exclusive rights of a copyright owner is to make derivative works. Those exclusive rights 

were registered in 2009 under registration TXuOOl800484 / 2009-12-17.

Case 3:15-cv-00756-ST Document 1 Filed 05/01/15 Page 2 of 5
9. Those rights and any and all derivatives thereof, each of which is the subject of a 

valid Certificate of Copyright Registration issued by the Register of Copyrights, collectively 

comprise "the Work." Plaintiff has complied in all respects with 17 U.S.C. §§ 101 etseq., and 

secured the exclusive rights and privileges in and to the copyrights of the Work. Plaintiff has 

been and still is the sole proprietor of all rights, title and interest in and to the copyrights in their 

respective Work as referenced above.

10. After December 17, 2009, defendants infringed said copyright by publishing and 

placing upon the internet a website entitled “marksdmw.com,” which was copied largely from 

plaintiffs Work and is derivative of the Work.

11. Plaintiff has notified defendants that they have infringed the copyright of plaintiff, 

and defendants have continued to infringe the copyright despite plaintiffs demands that such 

infringement cease.

12. Plaintiff is informed and believes that the foregoing acts of infringement have 

been willful and intentional, in disregard of and with indifference to the rights of plaintiff

13. As a result of defendants' infringement of plaintiffs copyrights and exclusive 

rights under copyright, and pursuant to 17 U.S.C. § 504(c)(2), plaintiff seeks statutory damages 

against defendants in the amount of $150,000.

14. In the alternative to statutory damages, plaintiff reserves the right to seek recovery 

of actual damages. If plaintiff makes such election, plaintiff is entitled to recover all actual 

damages that it sustains due to the infringement, together with defendants’ profits reaped as a 

result of the infringement, pursuant to 17 U.S.C. § 504(b), all in an amount to be proved at trial. 

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Case 3:15-cv-00756-ST Document 1 Filed 05/01/15 Page 3 of 5
15. Plaintiff is entitled to recover from defendants all costs and a reasonable amount 

of attorneys' fees incurred herein pursuant to 17 U.S.C. § 505.

16. The conduct of defendants is causing and, unless permanently enjoined and 

restrained by this Court, will continue to cause plaintiff great and irreparable injury that cannot 

fully be compensated or measured in money. Plaintiff has no adequate remedy at law. 

Accordingly, pursuant to 17 U.S.C. §§ 502 and 503, plaintiff is entitled to injunctive relief 

prohibiting defendants from further infringing plaintiffs copyrights and the Work.

WHEREFORE, plaintiff prays for judgment against defendants as follows:

1. For statutory damages of $150,000;

2. In the alternative, and at plaintiffs election, for actual damages suffered by 

plaintiff and gross profits earned by defendants as a result of the infringement;

3. For an injunction providing as follows: "Defendants shall be and hereby are 

enjoined from directly or indirectly infringing plaintiffs' rights under federal or state law in the 

Work and derivatives thereof, any materials, whether now in existence or later created, that is 

owned or controlled by plaintiff (or any parent, subsidiary, or affiliate of Plaintiff) (“Plaintiffs 

Work”), including without limitation by using the Internet or any online media to reproduce any 

of Plaintiffs Work, to distribute any of Plaintiffs Work, or to make any of Plaintiffs Work or 

derivatives thereof available for distribution to the public, except pursuant to a lawful license or 

with the express authority of plaintiff;"

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Case 3:15-cv-00756-ST Document 1 Filed 05/01/15 Page 4 of 5
4. For plaintiffs reasonable attorneys' fees incurred herein;

5. For plaintiffs costs incurred herein; and

6. For such other and further relief as the Court deems just and proper. 

DATED this 30* day of April 2015,

Brownstein I Rask

/s/ Cary R. Cadonau 

Cary R. Cadonau, OSB #002245 

Stephen E. Blaclanan, OSB #912161 

Attorneys for Plaintiff

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