1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

JOSEPH R. TOMELLERI,

 Plaintiff,

v.

RAY STARE d/b/a XTASEA IV 

SPORTSFISHING

 Defendant.

 

Case No.

JURY TRIAL DEMANDED

COMPLAINT

Plaintiff Joseph R. Tomelleri (“Plaintiff”), by through his counsel of record, and for his complaint 

against Roy Stare d/b/a XTASEA IV SPORTSFISHING, states as follows:

JURISDICTION AND VENUE

1. This claim is brought pursuant to 17 U.S.C. § 101, et seq., for copyright infringement.

2. This Court has original jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a) because 

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

3. This Court has personal jurisdiction over Defendant because Defendant resides in the 

State. 

4. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b)(1) because 

Defendant is located in this judicial district.

PARTIES

5. Plaintiff is an adult individual and a resident of the State of Kansas.

6. Defendant is an individual residing in Illinois.

Case: 1:20-cv-04687 Document #: 1 Filed: 08/10/20 Page 1 of 5 PageID #:1
2

TOMELLERI’S BACKGROUND AND WORKS

7. Plaintiff is an artist and a trained biologist who has spent most of his working life 

collecting, studying, and illustrating North American fish species. 

8. Over a thirty plus (30+) year career, Plaintiff has created over one thousand (1,000) hand 

drawn illustrations of fish in various life cycles. The illustrations include over nine hundred (900) unique 

species. 

9. Plaintiff’s illustrations are used by scientists all over the world, and he is recognized as 

one of the world’s preeminent fresh water fish illustrators. 

10. For each illustration, Plaintiff puts in many hours observing, researching, and collecting 

fish species in the field to prepare for drawing the illustration. Then, drawing the illustration takes Plaintiff 

many more hours.

11. Plaintiff’s work is identifiable by a standard “left-lateral” view, using Prismacolor as the 

primary medium

12. Plaintiff’s illustrations have been published in many scientific studies, journals, books, 

magazines, and fish identification guides. Ichthyologists often use Plaintiff’s illustrations to help better 

understand fish and their changing ecosystems. 

13. Plaintiff is the sole owner and proprietor of all rights, titles, and interest in, and to, the 

copyrights for illustrations for a number and variety of fish that are at issue in this case (the 

“Illustrations”). 

14. Plaintiff is and always has been the exclusive owner of all of his Illustrations. 

15. Each of the Illustrations is covered by a copyright registration owned by Plaintiff. 

16. The following table individually lists each of Plaintiff’s Illustrations at issue and the 

corresponding registration information.

Case: 1:20-cv-04687 Document #: 1 Filed: 08/10/20 Page 2 of 5 PageID #:2
3

No. Illustration Reg. # Reg. Date

1 Steelhead VA 1 163 619 11/05/2002

2 Chinook Salmon VA 998 415 09/16/1999

3 Lake Trout VA 1 163 619 11/05/2002

4 Brown Trout VA 1 163 619 11/05/2002

5 Coho Salmon TX 3 082 429 05/02/1991

DEFENDANT’S CONDUCT

17. Defendant owns and operates a fishing charter business in the Chicago, IL area.

18. In order to advertise and promote its business, Defendant maintains a website at the url 

www.xtaseasportfishing.com (the “Website”).

19. Plaintiff discovered that Defendant, without authorization, reproduced and displayed at 

least five (5) of his original works or their derivatives on the Website – to wit, the Illustrations. 

20. Specifically, Defendant used the Illustrations to advertise the species of fish which his 

customers could catch on his fishing charters.

21. Defendant modified the Illustrations, creating derivative works of the Illustrations.

22. Defendant used the Illustrations to advertise its business and fishing services.

23. Defendant derived revenue from its infringing use of the Illustrations by driving traffic 

to the Website and consequently increasing sales.

COUNT I - COPYRIGHT INFRINGEMENT

(17 U.S.C. § 501)

24. Plaintiff restates the allegations contained in the preceding paragraphs 1 through 23 as if 

fully set forth herein.

25. Plaintiff has valid copyrights and copyright registrations for each of the Illustrations.

26. Defendant hasinfringed Plaintiff’s copyrights in his Illustrations by preparing derivative 

works based upon the Illustrations.

Case: 1:20-cv-04687 Document #: 1 Filed: 08/10/20 Page 3 of 5 PageID #:3
4

27. Defendant has infringed Plaintiff’s copyrights in his Illustrations by reproducing, 

distributing, and publically displaying unauthorized copies of the Illustrations and/or derivatives thereof. 

28. To the extent that Defendant does not acknowledge copying the Illustrations, Defendant 

had access to the Illustrations and the images used by Defendant are strikingly similar to the Illustrations.

29. As a result of Defendant’s above-described acts of copyright infringement, Plaintiff has 

sustained damages including lost licensing revenue in an amount not yet ascertained, and profits that 

should be disgorged to Plaintiff.

PRAYER FOR RELIEF

WHEREFORE, for the reasons stated above, Plaintiff prays for judgment against Defendant as 

follows:

a. Under 17 U.S.C. § 502, grant temporary and final injunctions on such terms as it 

deems reasonable to prevent or restrain infringement of Plaintiff’s copyright.

b. Under 17 U.S.C. § 503, order the impounding and ultimately destruction, on such 

terms as it may deem reasonable, of any records or material involved in Defendant’s copyright 

infringement. 

c. Under 17 U.S.C. § 504, award Plaintiff’s actual damages and any additional profits 

of Defendant, or, if Plaintiff so elects before judgment is entered, award statutory damages.

d. Under 17 U.S.C. § 505, award costs to Plaintiff;

e. Under 17 U.S.C. § 505, as the prevailing party in a Copyright lawsuit, award to Plaintiff 

reasonable attorneys’ fees.

f. Awarding Plaintiff all available pre-judgment and post-judgment interest on all 

amounts of any judgment; and

g. Grant to Plaintiff such further relief as may be equitable and proper.

Case: 1:20-cv-04687 Document #: 1 Filed: 08/10/20 Page 4 of 5 PageID #:4
5

JURY TRIAL DEMAND

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

Respectfully submitted, 

EVANS & DIXON, LLC

/s/ Jesse Lanshe_________________________

Jesse Lanshe

303 W. Madison Street, Suite 1900

Chicago, IL 60606

Telephone: (312) 924-7266

Fax: (312) 797-6866

Email: jlanshe@evans-dixon.com

and

Oliver P. Maguire (pro hac vice motion forthcoming) 

Corporate Woods | Building 82

10851 Mastin Boulevard, Suite 900

Overland Park, KS 66210

Telephone: 913-701-6810 

Fax: 913-341-2293 

Email: copyright@evans-dixon.com

ATTORNEYS FOR PLAINTIFF

Case: 1:20-cv-04687 Document #: 1 Filed: 08/10/20 Page 5 of 5 PageID #:5