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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

__________________________________________

:

ADAM ROMANOWICZ, :

:

Plaintiff, :

:

v. : Civil Action No.:

:

INTEGRATED COMPONENT : COMPLAINT AND JURY

BUILDINGS, INC., : DEMAND

:

Defendant. :

:

__________________________________________:

COMPLAINT FOR COPYRIGHT INFRINGEMENT

Plaintiff, ADAM ROMANOWICZ (“Romanowicz” or “Plaintiff”), brings this complaint

in the United States District Court for the Northern District of Illinois against INTEGRATED

COMPONENT BUILDINGS, INC. (“Integrated” or “Defendant”), alleging as follows:

PARTIES

1. Romanowicz is an experienced commercial photographer with over twenty years of 

experience and specializing in travel and landscape photography. Romanowicz’s work is 

regularly featured on television shows, calendars, magazines, store displays, and websites. 

Romanowicz resides in Bloomingdale, Illinois.

2. On information and belief, Defendant is a Corporation existing under the laws of the State of

Illinois, with headquarters in Chicago, Illinois. Defendant owns, operates, and is solely

responsible for the content on its commercial website, www.icbsmidwest.com.

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JURISDICTION AND VENUE

3. This is a civil action seeking damages for copyright infringement under the copyright laws of

the United States (17 U.S.C. § 101 et seq.).

4. 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).

5. Defendant is subject to personal jurisdiction in Illinois.

6. This Court has personal jurisdiction over Defendant, and venue in this District is proper in

this district under 28 U.S.C. § 1391(b) and (c) and 1400(a) because the events giving rise to

the claims occurred in this district, Defendant engaged in infringement in this district,

Defendant resides in this district, and Defendant is subject to personal jurisdiction in this

district.

FACTUAL ALLEGATIONS COMMON TO ALL CLAIMS

7. Plaintiff captured the photograph, “Downtown Chicago Aerial Black and White”

(“Copyrighted Photograph”) on July 16, 2013. [Exhibit 1]. Plaintiff captured Copyrighted

Photograph using great technical skill and careful timing, as well as significant time and

energy. Plaintiff rented a private helicopter and hired a pilot in order to capture Copyrighted

Photograph.

8. On March 28, 2014, Plaintiff posted Copyrighted Photograph to

www.flickr.com/photos/13573544@N02/15681036444 (Last visited May 31, 2020). [Exhibit

2].

9. Plaintiff registered Copyrighted Photograph with the United States Copyright Office on May

20, 2016 (Registration No.: VA 2-027-837). [Exhibit 3].

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10. Beginning on or about August 1, 2018, Defendant copied and posted Copyrighted

Photograph to the Defendant’s commercial website, www.icbsmidwest.com (Last visited

October 18, 2018). [Exhibit 4].

11. Defendant used Copyrighted Photograph as a full-page, full-bleed image on their website

homepage. [Exhibit 4].

12. Defendant copied and posted Copyrighted Photograph without license or permission from

Plaintiff.

COUNT I: INFRINGEMENT OF COPYRIGHT PURSUANT TO 17 U.S.C. § 101 ET SEQ.

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

paragraph above.

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

rights under United States copyright with respect to Copyrighted Photograph, which is the

subject of a valid and complete Certificate of Copyright Registration by the Register of

Copyrights.

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

exclusive rights to reproduce and distribute the Copyrighted Photograph to the public.

16. Plaintiff is informed and believes Defendant, without the permission or consent of Plaintiff,

copied and used Copyrighted Photograph on Defendant’s commercial website,

www.icbsmidwest.com. In doing so, Defendant violated Plaintiff’s exclusive rights of

reproduction and distribution. Defendant’s actions constitute infringement of Plaintiff’s

copyright and exclusive rights under copyright.

17. Plaintiff is informed and believes that the foregoing act of infringement was willful and

intentional, in disregard of and with indifference to the rights of Plaintiff.

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18. As a result of Defendant’s infringement of Plaintiff’s copyright and exclusive rights under

copyright, Plaintiff is entitled to actual or statutory damages, including any profits realized

by Defendant attributable to the infringement, pursuant to 17 U.S.C. § 504 for Defendant’s

infringement of Copyrighted Photograph.

COUNT II: REMOVAL AND ALTERATION OF INTEGRITY OF COPYRIGHT

MANAGEMENT INFORMATION PURSUANT TO 17 U.S.C. § 1202

19. Plaintiff is informed and believes that Defendant, without the permission or consent of

Plaintiff, knowingly and with the intent to conceal infringement, provided copyright

information management information that was false, as well as intentionally removed the

copyright management information from Plaintiff’s Copyrighted Photograph before

displaying Copyrighted Photograph on Defendant’s public website, www.icbsmidwest.com.

In doing so, Defendant violated 17 U.S.C. § 1202(a)(1) and (b)(1).

20. As a result of Defendant’s actions, Plaintiff is entitled to actual or statutory damages

pursuant to 17 U.S.C. § 1203(c). Plaintiff is further entitled to their attorney’s fees and costs

pursuant to 17 U.S.C. § 1203(b)(5).

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:

A. Declaring that Defendant’s unauthorized conduct violates Plaintiff’s rights under the Federal

Copyright Act;

B. Immediately and permanently enjoining Defendant, its officers, directors, agents, servants,

employees, representatives, attorneys, related companies, successors, assigns, and all others

in active concert or participation with them from copying and republishing Plaintiff’s

Copyrighted Photograph without consent or otherwise infringing Plaintiff’s copyright or

other rights in any manner;

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C. Ordering Defendant to account to Plaintiff for all gains, profits, and advantages derived by

Defendant by their infringement of Plaintiff’s copyright or such damages as are proper, and

since Defendant intentionally infringed Plaintiff’s copyright, for the maximum allowable

statutory damages for each violation;

D. Awarding Plaintiff actual and/or statutory damages for Defendant’s copyright infringement

in an amount to be determined at trial;

E. Awarding Plaintiff his costs, reasonable attorney’s fees, and disbursements in this action,

pursuant to 17 U.S.C. § 505, 17 U.S.C. § 1203(b)(3), and § 1203(b)(5); and

F. Awarding Plaintiff such other and further relief as is just and proper.

JURY DEMAND

Plaintiff hereby demands a trial by jury on all claims for which there is a right to jury

trial.

Dated: June 1, 2020 __/s/__David C. Deal______

David C. Deal (VA Bar No.: 86005)

The Law Office of David C. Deal, P.L.C.

P.O. Box 1042

Crozet, VA 22932

434-233-2727, Telephone

david@daviddeal.com

Counsel for Plaintiff

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