1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No: ___________________________

JAMES S. GRADY, d/b/a GROUP FIVE PHOTOSPORTS,

Plaintiff,

V.

TODD BREMER, 

Defendant.

COMPLAINT 

Plaintiff James S. Grady (“Grady” or “Plaintiff”) files this complaint against Todd 

Bremer (“Bremer” or “Defendant”) and alleges as follows:

I. NATURE OF THE CASE

1. This matter arises under the United States Copyright Act of 1976, as amended, 17 

U.S.C §§ 101 et seq. (the “Copyright Act”) and The Lanham Act 15 U. S. C. §§ et seq. (the 

“Trademark Act”). 

2. Plaintiff is the registered owner of the copyrights of a collective group of 

photographs from the website trueteenbabes.com (hereinafter the “Photographs”). A true and 

correct copy of the Certificate of Registration for the Photographs is attached hereto as Exhibits 

1 through 19. 

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 1 of 57
2

3. Each time a Defendant unlawfully distributes a copy of Plaintiff’s copyrighted 

Photographs to others over the Internet, each recipient can then distribute that unlawful copy of 

the Photographs to others without degradation in sound or picture quality. Thus, a Defendant’s 

distribution of even a single unlawful copy of the Photographs can result in the nearly 

instantaneous worldwide distribution of that single copy to a limitless number of people. In this 

case, the Defendant’s copyright infringement is built upon the prior infringements, in a cascade 

of infringement.

4. Plaintiff seeks redress for the Defendant’s rampant infringement of its exclusive 

rights in the Photographs, and for injunctive relief to stop the Defendant from continuing to 

infringe upon Plaintiff’s copyrighted works.

II. JURISDICTION AND VENUE

5. This Court has subject matter jurisdiction over this action pursuant to 17 U.S.C. 

§§ 101, et. Seq., 28 U.S.C § 1331 and 28 U.S.C § 1338(a).

6. This Court has personal jurisdiction over the Defendant who has availed himself 

to this jurisdiction as he has done business with the Plaintiff within this district and has aimed his 

tortuous acts towards this district with the knowledge; he has committed unlawful and tortious 

acts both within and outside the Jurisdiction with the full knowledge that their acts would cause 

injury in this Jurisdiction and that the negative consequences thereof would be felt within this 

district; and further pursuant to Colo. Rev Stat. § 13-1-124. Alternatively, as a member of the 

web site trueteenabaes.com, the Defendant is party to a “Terms of Use” agreement contracting 

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 2 of 57
3

Colorado as the appropriate jurisdiction. As such, Defendants have sufficient contacts with this 

judicial district to permit the Court’s exercise of personal jurisdiction over him. 

7. Plaintiff’s claims arise out of the Defendant’s conduct which gives rise to 

personal jurisdiction over Defendants.

8. Venue is proper in this District pursuant to 28 U.S.C § 1391(b) because a 

substantial part of the events giving rise to the claims occurred in this District and all of the 

property that is the subject of this action is situated within this District.

III. THE PARTIES

A. The Plaintiff, James S. Grady

9. Plaintiff James S. Grady is a resident of Colorado doing business as Group Five 

PhotosportsTM and TrueTeenBabesTM, inter alia, with his principal place of business in Littleton, 

Colorado. Plaintiff produces, markets and distributes premium quality entertainment products, 

including wholly original Internet content, Internet websites, videos, DVDs and photographs.

10. Plaintiff has registered with the United States Copyright Office his copyrighted 

works identified in the paragraphs below. Plaintiff has taken industry standard steps to identify 

his products, including placing a copyright symbol and trademark on each individual photograph, 

and by placing recorded copyright warnings at the beginning and end of each individual video 

product that appear whenever those videos are played.

11. Plaintiff’s TrueTeenBabes® trademark and service mark have been continuously 

used in commerce since at least July 2001. U.S. Trademark Registration #3,733,941. See 

attachment 001.

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 3 of 57
4

12. Plaintiff has expended considerable effort and expense in promoting his 

trademark and the goods sold under the trademark TrueTeenBabes®. As a result, the purchasing 

public has come to know, rely upon and recognize the mark TrueTeenBabes® as an international 

brand of high quality products and entertainment.

13. Plaintiff owns the exclusive worldwide rights to his extensive archive of highquality photographic works and does not allow the works to be used, reproduced, sold or 

distributed in any form by third parties.

14. Plaintiff has dedicated significant resources to create, distribute and protect his 

works. In addition, Plaintiff dedicates resources to be in compliance with applicable laws in 

order to protect the integrity of his works.

15. The viability and profitability of Plaintiff, and his business, is based upon monies 

and revenue earned from Plaintiff’s intellectual property, including copyrights in Plaintiff’s 

photographs, films, DVDs, movies, videos and other creative works.

B. The Defendant

16. Defendant Todd Bremer, who is also know by his alias and screen same 

“chicagofan76”, has been identified as a supplier of stolen and pirated copyrighted works 

belonging to the Plaintiff to illegal photo, video and DVD trading websites, pay to view 

websites, as well as online forums, clubs and groups.

17. Defendant competes against the Plaintiff and/or illegally supplies Plaintiff’s 

Photographs to those who compete with Plaintiff in the distribution and sale of visual works 

through Internet distribution.

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 4 of 57
5

18. Defendant, individually and with the support and coordination of others, acted 

intentionally, knowingly and maliciously to further the ends of the illegal and improper purposes 

alleged herein in a common course or scheme to infringe on the Plaintiff’s intellectual property 

for illegal gain, profit and monetary reward.

IV. STATEMENT OF FACTS

19. The Plaintiff is the registered owner of each and every individual work illegally 

distributed by the Defendant. The United States Copyright Office registrations being violated in 

this action include, among others, VA1-703-466, VA1-703-463, VA1-692-432, VA1-692-438, 

VA1-692-434, VA1-703-457, VA1-703-460, VA1-703-455, VA1-691-914, VA1-691-911, VA1-

695-136, VA1-700-275, VA1-702-131, VA1-687-195, VA1-692-436, VA1-695-141, VA1-726-

549, VA1-703-450, et al. See Exhibits 001 through 019.

20. The Internet, in conjunction with recent advances in technology, hardware and 

software, has resulted in the availability of effective means for circumventing the intellectual 

property rights in nearly every industry, including online entertainment. The pervasive and 

intense online infringement is nearly crippling the entertainment industries, providing unfettered, 

unregulated, free access to copyrighted works originally produced by reputable businesses and 

persons, including the Plaintiff.

21. These infringers are without any accountability to governmental requirements or 

regulations, without any actual investment in the creation of the works, and without any 

commitment to the vision of the future of the entertainment industry. Nonetheless, these 

infringers utilize, display, and distribute copyrighted works for which they have no right or 

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 5 of 57
6

proper license for their own commercial means and other significant financial benefits. Many 

infringers are rabid and determined in their actions and, like the Defendant here, will continue to 

post and repost the same materials over and over, even after a webhosting provider or website is 

served with a Digital Millennium Copyright Act notice. These actions have caused and continue 

to cause significant damage to the business and reputation of the true copyright owners, as well 

as the rights holder’s viability and profitability.

22. The website known as TrueTeenBabes.com is an online subscription publication 

created, owned and managed by the Plaintiff. The name is a trademark registered to the Plaintiff, 

and all content of the publication is covered by registered or pending copyrights. The publication 

offers a tour area, and a DVD store, along with a subscriber area that can only be accessed by 

payment of a subscription fee. Once that payment is made the purchaser receives a username and 

password by email, then is able to access several thousand premium quality, copyright protected, 

images, videos and stories produced by the Plaintiff. To assist in preventing credit card fraud the 

publication uses a security service provided by the banking system known as address 

verification. This system confirms cardholder identity by comparing the address, zip code and 

card verification value provided during the sign-up process to the records on file at the cardissuing bank. 

23. On September 16, 2010 the Defendant purchased a subscription to the Plaintiff’s 

TrueTeenBabes® publication using a Visa card ending in the four digits 2358.

1 This card cleared 

all three phases of the verification process and had been confirmed to be that of the Defendant at 

1275 S. Farmstone Dr, Diamond, IL, 60416. The Defendant used the email address of 

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 6 of 57
7

“chicagofan_76@yahoo.com”, and personally selected the screen name of “chicagofan76” 

during the registration process. Payment was completed by the Defendant using Internet Protocol 

address 67.174.3.0, which is administered by the Defendant’s Internet provider, Comcast Cable 

Communications, IP Services Illinois. This unique Internet Protocol address matches the one 

Defendant used to download each of the copyright protected works from the Plaintiff’s web site 

that he later used in his illegal postings.

24. By subscribing to the Plaintiff’s website the Defendant agreed to various terms 

and conditions, including:

That the laws of United States and the state of Colorado shall govern this agreement. 

Venue for any action under this agreement shall be the state of Colorado... You also 

agree to not distribute any of the stories, videos, interviews, or photographs contained 

within this publication, in whole or part, without prior written consent ... The contents of 

this publication are intended for personal, noncommercial use only. All materials 

published here are protected by copyright and other intellectual property laws ...The 

entire content of this Internet publication are protected by Federal Copyright Law in the 

USA, and the International Copyright Treaty known as The Berne Union for the 

Protection of Artistic Property (The Berne Convention). Subscribers to this publication 

are welcome to copy images to their own computers in accordance with our terms and 

conditions for offline viewing and we provide ZIP files for that purpose. However, the 

images are not to be posted on torrents, forums, personal sites, business sites, Yahoo 

Groups, MSN Groups, Clubs, Usenet Newsgroups or any other place without written 

permission.

25. The website known as DarkJB.com is an illegal file sharing and trading website. 

The initials “JB” in the title stand for “JailBait”; a slang term for underage girls that older men 

would risk going to jail to have a sexual relationships with. The website displays an instructional 

section about how older men, such as the Defendant here, can trick girls, including those under 

age 18, into undressing on a webcam, or sending topless or nude photos by email. It is not the 

 1 Pursuant to F.R.Civ.P. Rule 5.2, the identification information for the financial account of the Defendant has been 

redacted to comply with the Rule.

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 7 of 57
8

type of venue the Plaintiff would knowingly display his copyright protected materials or 

trademark. The DarkJB.com site contains areas that Internet users can visit free of charge, and an 

“VIP” area reserved for those that pay a fee, or those, like the Defendant here, that illegally 

provide DarkJB.com with the works of copyright holders. 

26. The Defendant registered as a DarkJB.com subscriber on May 19, 2009. To 

register at DarkJB.com the user must complete an online form and provide a working email 

address to which a verification email is sent. The user must then visit that email account and take 

a unique 16-digit code from that email, return to the DarkJB.com website and insert that code 

into a verification screen. DarkJB.com records and stores the users IP address, email address, and 

other identifying information. Only the true and correct owner of the email address can register 

at DarkJB.com. The Defendant used the email address of “chicagofan_76@yahoo.com”, and 

personally selected the screen name of “Chicagofan76” during the registration process. As of 

September 5, 2011, the Defendant was listed as a VIP member, had made a substantial number 

of posts of Plaintiff’s copyright protected materials to which he holds no rights.

27. On September 19, 2010 the Defendant, using Internet Protocol address 

67.174.3.0, which is administered by the Defendant’s Internet provider, Comcast Cable 

Communications, IP Services Illinois, personally created a forum section at the website 

DarkJB.com, in the exclusive VIP area, titled “Chicagofan76's True Teen Thread” with the text 

“ok i brock [sic] down and subscribed to TTB for a month, not worth it overall, but next month i 

plan on getting all of libby's sets.....look for most girls here and i dont know most of there [sic] 

names,” and began illegally posting the copyright protected content of the he had downloaded 

from the Plaintiff’s publication TrueTeenBabes® (TTB).

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 8 of 57
9

28. On September 19, 20, 24, 26 and 28, 2010 the Defendant, using Internet Protocol 

address 67.174.3.0, which is administered by the Defendant’s Internet provider, Comcast Cable 

Communications, IP Services Illinois, posted to the DarkJB.com website reduced size

(thumbnails), but otherwise true and correct copies of 3000 registered works owned by the 

Plaintiff, and linked these thumbnail size images to the full size images he had previously 

illegally posted at the Imagebam.com website. These works have been viewed and downloaded 

2023 times each on the DarkJB.com website resulting in more than 6 million individual 

violations. These copyright protected and trademark protected works were displayed without the 

consent of the copyright owner and trademark owner, Plaintiff James S. Grady.

29. The website known as Motherless.com is an illegal file sharing and trading 

website. It contains areas that Internet users can visit free of charge, and an “Premium” area 

reserved for those that pay a monthly fee or those, like the Defendant here, that illegally provide 

Motherless.com with the works of copyright holders, which Motherless.com can then sell to 

other Internet users. 

30. The Defendant registered at Motherless.com on March 13, 2010. To register at 

Motherless.com the user must complete an online form and provide a working email address to 

which a verification email is sent. The user must then visit that email account and take a unique 

24-digit code from that email, return to the Motherless.com website and insert that code into a 

verification screen. Motherless.com records and stores the users IP address, email address, and 

other identifying information. Only the true and correct owner of the email address can register 

at Motherless.com. The Defendant used the email address of “tabremer76@yahoo.com”, and 

personally selected the screen name of “Chicagofan76” during the registration process. As of 

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 9 of 57
10

September 5, 2011, the Defendant has made substantial posts of copyright protected materials of 

the Plaintiff to which he holds no rights. Upon information and belief, these illegal uploads have 

been viewed more than 5,300,000 times, resulting in an equal number of violations of the rights 

held exclusively by various intellectual property owners, including the Plaintiff.

31. Between September 19, 2010 and March 8, 2011 the Defendant, using Internet 

Protocol address 67.174.3.0, which is administered by the Defendant’s Internet provider, 

Comcast Cable Communications, IP Services Illinois, posted to the Motherless.com website true 

and correct copies of 3123 registered works owned by the Plaintiff. These works have been 

viewed and downloaded 5,412,035 times, resulting in 5,412,035 individual violations. These 

copyright protected and trademark protected works were displayed without the consent of the 

copyright owner and trademark owner, Plaintiff James S. Grady.

32. The website known as Imagebam.com is a file hosting site that allows users to 

post photos, then link those images in various websites using the hypertext protocol. 

Imagebam.com displays the images in the center of web pages surrounded by advertisements for 

hardcore pornography. Because of the repeated actions of the Defendant, photos of professional 

14-year-old bikini models are displayed within an array of adult pornography, including graphic 

depictions of oral and vaginal sex. The Defendant registered as an Imagebam.com user in 2009 

and has illegally provided them with the protected works of the Plaintiff and others since that 

date. The Defendant used the email address of “chicagofan_76@yahoo.com”, and personally 

selected the login name of “Chicagofan76” during the Imagebam.com registration process.

33. On September 19, 20, 24, 26 and 28, 2010 the Defendant, using Internet Protocol 

address 67.174.3.0, which is administered by the Defendant’s Internet provider, Comcast Cable 

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 10 of 57
11

Communications, IP Services Illinois, illegally posted to the Imagebam.com website true and 

correct copies of 3000 registered works owned by the Plaintiff. These works have been viewed 

and downloaded an undetermined number of times, as Imagebam.com does not display that 

information in its website. These copyright protected and trademark protected works were posted 

and displayed without the consent of the copyright owner and trademark owner, Plaintiff James 

S. Grady.

34. The website known as JambaTeens.com is a free online fan club and forum 

featuring models and photographers from all over the USA. The website doesn’t allow parties 

other than the photographers to post photos, samples, videos or image galleries. 

35. The Defendant registered on the JambaTeens.com website as a fan on April 22,

2010. To register at JambaTeens.com the user must complete an online form and provide a 

working email address to which a verification email is sent. The user must then visit that email 

account and take a unique 16-digit code from that email, return to the JambaTeens.com website 

and insert that code into a verification screen. JambaTeens.com records and stores the users IP 

address, email address, and other identifying information. Only the true and correct owner of the 

email address can register at JambaTeens.com. The Defendant used the email address of 

“chicagofan_76@yahoo.com”, and personally selected the screen name of “chicagofan76” 

during the registration process. Registration was completed by the Defendant using Internet 

Protocol address 67.174.3.0, which is administered by the Defendant’s Internet provider, 

Comcast Cable Communications, IP Services Illinois.

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 11 of 57
12

36. Without authorization the Defendant has reproduced and distributed at least 9123 

of the Plaintiff’s copyrighted and registered works on the Imagebam.com, DarkJB.com and 

Motherless.com websites.

37. Copyright law states that any material that is “reproduced, performed, publicly 

displayed, or made into a derivative work without permission” is an illegal violation of the rights 

of the copyright holder. By its definition each view or download of the Plaintiff’s works, as 

caused by the Defendant, constitutes a separate and distinct instance of infringement. In this case 

the Plaintiff’s works have been viewed, without authorization or compensation, over 6,000,000 

times on one website alone, and illegally made available for download by the Defendant for 

months, and for some files years, without permission. With the enormous amount of Internet 

users viewing the Defendants illegal posts and file sharing accounts, the number of 

uncompensated views and downloads (copying) grows daily thus furthering the number of 

copyright infringements attributed directly to Defendant and contributing to the further dilution 

of the Plaintiff’s trade and service marks.

V. FIRST CAUSE OF ACTION & CLAIM FOR RELEIF

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

38. The Plaintiff re-alleges and incorporates by reference as if verbatim all 

information contained in each paragraph above.

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

copyrighted works infringed upon by the Defendant, the Photographs identified in Exhibits 1 

through 19.

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 12 of 57
13

40. Among the exclusive rights granted to the Plaintiff under the Copyright Act are 

the exclusive rights to reproduce the Works and to distribute them. These are rights, which 

Defendant Bremer willfully, maliciously and intentionally infringed upon.

41. Plaintiff is informed and believes, and on that basis alleges, that Defendant 

without the permission or consent of Plaintiff, has used, and continues to use the internet and 

various web sites to distribute the Photographs to the public, and/or make the Photographs

available for distribution to others, including other web site users. In doing so, Defendant has

violated Plaintiff’s exclusive rights of reproduction and distribution. Defendant’s actions 

constitute infringement of Plaintiff’s copyrights and exclusive rights under the Copyright Act.

42. Plaintiff is informed and believes and on that basis alleges that the foregoing acts 

of infringement were willful and intentional.

43. As a result of Defendant’s infringement of Plaintiff’s copyrights and exclusive 

rights under the Copyright Act, Plaintiff is entitled to either actual or statutory damages pursuant 

to 17 U.S.C. § 504(c), and to its attorney fees pursuant to 17 U.S.C. § 505.

44. The conduct of Defendant is causing and will continue to cause Plaintiff great and 

irreparable injury. Such harm will continue unless the Defendant is enjoined from such conduct 

by this Court. Plaintiff has no adequate remedy at law. Pursuant to 17 U.S.C. §§ 502 and 503, 

Plaintiff is entitled to injunctive relief prohibiting Defendant from further infringing Plaintiff’s 

copyrights, and ordering Defendant to destroy all copies of the Photographs made in violation of 

Plaintiff’s exclusive rights under the Copyright Act.

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 13 of 57
14

VI. SECOND CAUSE OF ACTION & CLAIM FOR RELEIF

(Contributory Copyright Infringement)

45. The Plaintiff re-alleges and incorporates by reference as if verbatim all 

information contained in each paragraph above.

46. Without authorization, individuals have copied, reproduced, distributed, created 

derivative works and publicly displayed Plaintiff’s works by and through Imagebam.com, 

DarkJB.com and Motherless.com thereby directly infringing Plaintiff’s copyrights.

47. The Defendant contributed to the infringing acts of those individuals and allowed, 

encouraged and induced those individuals to reproduce, distribute, and publicly display 

Plaintiff’s works by and through Imagebam.com, DarkJB.com and Motherless.com without 

regard to the ownership of the works.

48. The Defendant designed and created his posts at Imagebam.com, DarkJB.com and 

Motherless.com with the object and intent of promoting the infringement of the Plaintiff’s 

copyrighted materials. As a direct and proximate result of such inducement, individuals have 

infringed Plaintiff’s copyright works by reproducing, distributing, and publicly displaying such 

works.

49. The Defendant knew of the infringement, was conscious of his own infringement, 

and the Defendant was conscious of the fact that multiple other persons derivatively downloaded 

the files containing the Plaintiff’s Photographs.

50. The infringement by other web site users could not have occurred but for the 

Defendant’s participation in uploading the Plaintiff’s protected work. As such, the Defendant’s

participation in the infringing activities of others is substantial.

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 14 of 57
15

51. The Defendant profited from this contributory infringement by way of being 

granted access to a greater library of other infringing works, some of which belonged to the 

Plaintiff and some of which belonged to other copyright owners.

52. Defendant’s acts of inducement to infringe were willful, malicious and in 

disregard of and indifference to Plaintiff’s rights.

53. The intentional acts and malicious conduct of the Defendant, as alleged in this 

Complaint, constitute contributory copyright infringement.

VII. THIRD CAUSE OF ACTION & CLAIM FOR RELEIF

(Vicarious Copyright Infringement)

54. The Plaintiff re-alleges and incorporates by reference as if verbatim all 

information contained in each paragraph above.

55. Without authorization, individuals have reproduced, distributed, created 

derivative works and publicly displayed Plaintiff’s works by and through Imagebam.com, 

DarkJB.com and Motherless.com thereby directly infringing Plaintiff’s copyrights.

56. Defendant had the right and ability to control the infringing acts of the other 

individuals that violated the Plaintiff’s right by simply deleting the posts he made to 

Imagebam.com, DarkJB.com and Motherless.com, yet he maliciously and willfully chose not to 

do so.

57. Defendant received direct financial benefit from the infringing activities of others 

that he failed to control when he had the right and ability to do so.

58. The intentional acts and malicious conduct of the Defendant, as alleged in this 

Complaint, constitute vicarious copyright infringement.

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 15 of 57
16

IX. FOURTH CAUSE OF ACTION & CLAIM FOR RELEIF

(Trademark Infringement – False Designation of Origin)

59. The Plaintiff re-alleges and incorporates by reference as if verbatim all 

information contained in each paragraph above.

60. Plaintiff holds the exclusive rights to the registered trademark TrueTeenBabes® 

and has never licensed it to outside parties.

61. Defendant’s use of the mark “TrueTeenBabes®” in connection with displaying 

Plaintiff’s works constitutes a use in commerce that is likely to cause confusion and mistake and 

to deceive consumers as to the source or origin of the works displayed by the Defendant on 

Imagebam.com, DarkJB.com and Motherless.com. Defendant’s usage tends to deceive and 

confuse consumers into believing Defendant’s illegal services and postings are affiliated with the 

Plaintiff works, are sponsored or approved of by Plaintiff, or are otherwise associated with or 

authorized by Plaintiff.

62. By engaging in the activities described above the Defendant has made and is 

making false, deceptive, and misleading statements constituting unfair competition, false 

designation of origin, and false advertising made in connection with services distributed in 

interstate commerce in violation of Section 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).

63. Defendant engaged in this course of action willfully, maliciously and with full 

knowledge and awareness of the superior trademarks rights of the Plaintiff, and with the purpose 

and intent of confusing the relevant trade and public into mistakenly believing that Defendant’s 

services are associated with, affiliated with, or licensed by Plaintiff.

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 16 of 57
17

64. The Defendant’s acts of unfair competition and false advertising have caused, and 

are causing, great and irreparable injury to the Plaintiff and his relevant trademarks and to the 

services and goodwill represented thereby, in an amount that cannot be ascertained at this time 

and, unless restrained, will cause further irreparable injury, leaving Plaintiff with no adequate 

remedy at law.

65. By reason of the foregoing, Plaintiff is entitled to injunctive relief against 

Defendant, restraining further acts of unfair competition, false designation of origin, and false 

advertising, and to recover attorney’s fees and any damages proven to have been caused by 

reason of Defendant’s aforesaid acts of unfair competition, false designation of origin, and false 

advertising.

PLAINTIFF’S PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests:

(1) That the Court enter a judgement declaring that the Defendant has:

a. willfully infringed Plaintiff’s rights in Federally registered copyrights 

under 17 U.S.C. § 501 through his direct, contributory and vicarious acts;

b. willfully violated Plaintiff’s registered trademark;

c. otherwise injured the personal and business reputation of Plaintiff by 

Defendant’s acts and conducts as set forth in this Complaint;

(2) For an injunction providing that:

The Defendant shall be and hereby be enjoined from directly or 

indirectly infringing upon the Plaintiff’s copyrights in the Photographs or any 

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 17 of 57
18

other works, whether now in existence or later created, that are owned or 

controlled by Plaintiff (or any parent, subsidiary, or affiliate of Plaintiff), 

including without limitation by using the Internet or any online media 

distribution system to reproduce (i.e., download) any of Plaintiff’s works, to 

distribute (i.e., upload) any of Plaintiff’s works, or to make any of Plaintiff’s 

works available for distribution to the public, except pursuant to a lawful 

license or with the Plaintiff’s express consent. The Defendant also shall 

destroy all copies of Plaintiff’s works that Defendant has downloaded onto any 

computer hard drive or server and shall destroy all copies of those downloaded 

works transferred onto any physical medium or device in each Defendant’s 

possession, custody, or control.

(3) For damages for each infringement of each copyrighted work pursuant to 17 

U.S.C. § 504. These damages may be actual or statutory, but if statutory damages are elected, 

the Defendant’s acts were willful in nature, justifying an award of up to $150,000 per 

infringement, and Plaintiff reserves the right to make such an election.

(4) That the Defendant be ordered to pay treble damages for his willful trademark 

infringement.

(5) That the Defendant be ordered to deliver up to be impounded during the pendency 

of this action:

a. All copies of Plaintiff’s works, in any format, in Defendant’s possession 

or control,

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 18 of 57
19

b. All hard drives or other storage devices that contain Plaintiff’s works or 

other copyrighted images, videos or works, and to do so without alterations or 

deletions.

(6) That Defendant pay to the Plaintiff his reasonable attorney’s fees pursuant to 17 

U.S.C. § 505 and 15 U.S.C. § 1117(a).

(7) That the Defendant pay the Plaintiff the costs of this action; and,

(8) For such other and further relief, either at law or in equity, general or special, to 

which he may be entitled.

DATED: September 30, 2011

Contiguglia / Fazzone P.C.

/s/ Andrew Contiguglia

Andrew Contiguglia

CO Registration No. 26901

44 Cook St., Suite 100

Denver, CO 80206

303-780-7333

303-780-7337 (fax)

ajc@ajcpc.com

Attorney for Plaintiff

James S. Grady, d/b/a Group Five Photosports

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 19 of 57
EXHIBIT 1

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 20 of 57
Plaintiff’s Attachment: 001

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 21 of 57
EXHIBIT 2

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 22 of 57
Plaintiff’s Attachment: 002

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 23 of 57
EXHIBIT 3

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 24 of 57
Plaintiff’s Attachment: 003

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 25 of 57
EXHIBIT 4

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 26 of 57
Plaintiff’s Attachment: 004

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 27 of 57
EXHIBIT 5

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 28 of 57
Plaintiff’s Attachment: 005

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 29 of 57
EXHIBIT 6

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 30 of 57
Plaintiff’s Attachment: 006

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 31 of 57
EXHIBIT 7

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 32 of 57
Plaintiff’s Attachment: 007

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 33 of 57
EXHIBIT 8

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 34 of 57
Plaintiff’s Attachment: 008

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 35 of 57
EXHIBIT 9

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 36 of 57
Plaintiff’s Attachment: 009

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 37 of 57
EXHIBIT 10

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 38 of 57
Plaintiff’s Attachment: 010

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 39 of 57
EXHIBIT 11

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 40 of 57
Plaintiff’s Attachment: 011

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 41 of 57
EXHIBIT 12

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 42 of 57
Plaintiff’s Attachment: 012

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 43 of 57
EXHIBIT 13

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 44 of 57
Plaintiff’s Attachment: 013

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 45 of 57
EXHIBIT 14

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 46 of 57
Plaintiff’s Attachment: 014

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 47 of 57
EXHIBIT 15

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 48 of 57
Plaintiff’s Attachment: 015

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 49 of 57
EXHIBIT 16

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 50 of 57
Plaintiff’s Attachment: 016

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 51 of 57
EXHIBIT 17

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 52 of 57
Plaintiff’s Attachment: 017

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 53 of 57
EXHIBIT 18

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 54 of 57
Plaintiff’s Attachment: 018

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 55 of 57
EXHIBIT 19

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 56 of 57
Plaintiff’s Attachment: 019

Case 1:11-cv-02586-WYD-MJW Document 1 Filed 10/03/11 USDC Colorado Page 57 of 57