COPYCAT LEGAL PLLC

3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065

TELEPHONE (877) 437-6228

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEBRASKA 

Case No. 8:23-cv-195

PREPARED FOOD PHOTOS, INC.,

f/k/a ADLIFE MARKETING & 

COMMUNICATIONS CO., INC.,

Plaintiff,

v.

JAYJET ENTERPRISES, INC.

d/b/a THE CADDY SHACK 

SPORTS BAR & GRILL,

Defendant.

COMPLAINT

Plaintiff Prepared Food Photos, Inc. f/k/a Adlife Marketing & Communications Co., Inc.

(“Plaintiff”) sues defendant Jayjet Enterprises, Inc. d/b/a The Caddy Shack Sports Bar & Grill 

(“Defendant”), and alleges as follows: 

THE PARTIES

1. Plaintiff is a corporation organized and existing under the laws of the State of

Florida with its principal place of business located in Broward County, Florida. 

2. Defendant is a corporation organized and existing under the laws of the State of

Nebraska with its principal place of business located at 2076 N 117th Ave

Omaha, NE 68164. Defendant’s agent for service of process is Jay Johnson, 2076 N 117th Ave

Omaha, NE 68164.

JURISDICTION AND VENUE

3. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§

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COPYCAT LEGAL PLLC

3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065

TELEPHONE (877) 437-6228

1331 and 1338(a).

4. This Court has personal jurisdiction over Defendant because it maintained 

sufficient minimum contacts with Nebraska such that the exercise of personal jurisdiction over it 

would not offend traditional notions of fair play and substantial justice.

5. Venue properly lies in this district pursuant to 28 U.S.C. § 1400(a) because 

Defendant or its agents reside or may be found in this district. “In construing that section, courts 

have generally held that a defendant may be ‘found’ in any district in which 

personal jurisdiction may be obtained over the defendant.” Infogroup Inc. v. Office Depot, No. 

8:20CV109, 2020 U.S. Dist. LEXIS 212227, at *16 (D. Neb. Nov. 13, 2020). “In other words, ‘if 

a court has personal jurisdiction over the defendants in a copyright infringement action, venue in 

that court’s district is proper.’” McGregor v. In Tune Music Grp., No. 15-62044-CIV-ZLOCH, 

2016 U.S. Dist. LEXIS 190302, at *11 (S.D. Fla. July 29, 2016) (quoting Store Decor Div. of Jas 

Int'l, Inc. v. Stylex Worldwide Indus., Ltd., 767 F. Supp. 181, 185 (N.D. Ill. 1991).

FACTS

I. Plaintiff’s Business 

6. Plaintiff is in the business of licensing high-end, professional photographs for the 

food industry.

7. Through its commercial website (www.preparedfoodphotos.com), Plaintiff offers 

a monthly subscription service which provides access to/license of tens of thousands of 

professional images.

8. Plaintiff charges its clients (generally, grocery stores, restaurant chains, food 

service companies, etc.) a minimum monthly fee of $999.00 for access to its library of professional 

photographs. 

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COPYCAT LEGAL PLLC

3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065

TELEPHONE (877) 437-6228

9. Plaintiff does not license individual photographs or otherwise make individual 

photographs available for purchase. Plaintiff’s business model relies on its recurring monthly 

subscription service such that Plaintiff can continue to maintain its impressive portfolio. 

10. Plaintiff owns each of the photographs available for license on its website and 

serves as the licensing agent with respect to licensing such photographs for limited use by 

Plaintiff’s customers. To that end, Plaintiff’s standard terms include a limited, non-transferable 

license for use of any photograph by the customer only. Plaintiff’s license terms make clear that 

all copyright ownership remains with Plaintiff and that its customers are not permitted to transfer, 

assign, or sub-license any of Plaintiff’s photographs to another person/entity.

II. The Work at Issue in this Lawsuit

11. In 1999, a professional photographer created a photograph titled 

“CornedBeefDinner010” (the “Work”). A copy of the Work is exhibited below: 

12. The Work was registered by Plaintiff (pursuant to a work-for-hire agreement with 

the author that transferred all rights and title in the photograph to Plaintiff) with the Register of 

Copyrights on August 5, 2016 and was assigned Registration No. VA 2-012-581. A true and correct 

copy of the Certification of Registration pertaining to the Work is attached hereto as Exhibit “A.”

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COPYCAT LEGAL PLLC

3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065

TELEPHONE (877) 437-6228

13. Plaintiff is the owner of the Work and has remained the owner at all times material

hereto. 

III. Defendant’s Unlawful Activities

14. Defendant is a sports bar and grill located in Omaha, Nebraska.

15. Defendant advertises/markets its business primarily through its website

(https://caddyshackomaha.com/), social media (e.g.

https://www.facebook.com/caddyshackwest/, https://twitter.com/caddyshackOmaha, 

https://www.facebook.com/thecaddyshackomaha/), and other forms of advertising. 

16. In March 2016 (prior to Plaintiff’s above-referenced copyright registration of the 

Work), Defendant published the Work on its website (at 

https://caddyshackomaha.com/march-madness-st-patricks-day/corned-beef-cabbage/): 

17. A true and correct copy of screenshots of Defendant’s website, displaying the 

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COPYCAT LEGAL PLLC

3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065

TELEPHONE (877) 437-6228

copyrighted Work, is attached hereto as Exhibit “B.”

18. Defendant is not and has never been licensed to use or display the Work. Defendant 

never contacted Plaintiff to seek permission to use the Work in connection with its business or 

for any other purpose.

19. Defendant utilized the Work for commercial use – namely, in connection with the 

marketing of Defendant’s business. 

20. Upon information and belief, Defendant located a copy of the Work on the internet 

and, rather than contact Plaintiff to secure a license, simply copied the Work for its own 

commercial use. 

21. Through its ongoing diligent efforts to identify unauthorized use of its photographs, 

Plaintiff first discovered Defendant’s unauthorized use/display of the Work on May 23, 2022. 

Following Plaintiff’s discovery, Plaintiff notified Defendant in writing of such unauthorized use. 

To date, Plaintiff has been unable to negotiate a reasonable license for the past/existing 

infringement of its Work.

22. All conditions precedent to this action have been performed or have been waived.

COUNT I – COPYRIGHT INFRINGEMENT

23. Plaintiff re-alleges and incorporates paragraphs 1 through 22 as set forth above.

24. The Work is an original work of authorship, embodying copyrightable subject 

matter, that is subject to the full protection of the United States copyright laws (17 U.S.C. § 101 

et seq.).

25. Plaintiff owns a valid copyright in the Work, having registered the Work with 

the Register of Copyrights and owning sufficient rights, title, and interest to such copyright to

afford Plaintiff standing to bring this lawsuit and assert the claim(s) herein.

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COPYCAT LEGAL PLLC

3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065

TELEPHONE (877) 437-6228

26. As a result of Plaintiff’s reproduction, distribution, and public display of the Work, 

Defendant had access to the Work prior to its own reproduction, distribution, and public display 

of the Work on Defendant’s website.

27. Defendant reproduced, distributed, and publicly displayed the Work without 

authorization from Plaintiff.

28. By its actions, Defendant directly infringed and violated Plaintiff’s exclusive rights

in violation of the Copyright Act, 17 U.S.C. § 501, by reproducing, distributing, and publicly 

displaying the Work for its own commercial purposes and for the commercial purposes.

29. Plaintiff has been damaged as a direct and proximate result of Defendant’s

infringement.

30. Plaintiff is entitled to recover its actual damages resulting from Defendant’s 

unauthorized use of the Work and, at Plaintiff’s election (pursuant to 17 U.S.C. § 504(b)), 

Plaintiff is entitled to recover damages based on a disgorgement of Defendant’s profits from 

infringement of the Work, which amounts shall be proven at trial.

31. Defendant’s conduct has caused, and any continued infringing conduct will 

continue to cause, irreparable injury to Plaintiff unless enjoined by the Court. Plaintiff has no 

adequate remedy at law. Pursuant to 17 U.S.C. § 502, Plaintiff is entitled to a permanent 

injunction prohibiting infringement of Plaintiff’s exclusive rights under copyright law. 

WHEREFORE, Plaintiff demands judgment against Defendant as follows: 

a. A declaration that Defendant has infringed Plaintiff’s copyrights in the Work;

b. An award of actual damages and disgorgement of profits as the Court deems proper;

c. Awarding Plaintiff interest, including prejudgment interest, on the foregoing amounts;

d. Permanently enjoining Defendant, its employees, agents, officers, directors, attorneys,

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COPYCAT LEGAL PLLC

3111 N. UNIVERSITY DRIVE, SUITE 301 • CORAL SPRINGS, FL 33065

TELEPHONE (877) 437-6228

successors, affiliates, subsidiaries and assigns, and all those in active concert and 

participation with Defendant, from directly or indirectly infringing Plaintiff’s copyrights

or continuing to display, transfer, advertise, reproduce, or otherwise market any works 

derived or copied from the Work or to participate or assist in any such activity; and

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

Demand For Jury Trial

Plaintiff demands a trial by jury on all issued so triable.

Dated: May 15, 2023.

COPYCAT LEGAL PLLC

3111 N. University Drive

Suite 301

Coral Springs, FL 33065

Telephone: (877) 437-6228

dan@copycatlegal.com

By: /s/ Daniel DeSouza______

 Daniel DeSouza, Esq.

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