Shelby v. Nylus - Complaint

Case 5:16-cv-00432-D Document 1 Filed 04/27/16 Page 1 of 24
UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF OKLAHOMA
1) Ann Shelby,
Plaintiff,
v.
2) Rebecca Nyhus and Jordan Berry d/b/a
Plasticland, a Texas unincorporated
business,
3) C & F Enterprises, Inc. d/b/a Gallerie II, a
Virginia corp., and
4) Socksmith Design, Inc., a California corp.,
5) Forum Novelties, Inc., a New York corp.,
6) Wonder Costumes, LLC., and
7) Spencer Spirit Holding, Inc., Spencer Gifts,
LLC., and Spirit Halloween, LLC., a
New Jersey corp.,
Defendants.
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Case No. CIV-16-432-D
COMPLAINT
1. This is a civil action seeking damages and injunctive relief for, inter alia,
copyright infringement under the copyright laws of the United States (17 U.S.C.
101 et seq.).
2. Jurisdiction and venue of this Court are properly invoked under
28 U.S.C. 1331, 1338, 1367, 1391 and/or 1400.
PARTIES
3. Plaintiff Ann Shelby (hereinafter Plaintiff) is an individual retired physician
and artist who resides in Catoosa in Rogers County, Oklahoma.
4. Defendant Plasticland is an assumed name for an unincorporated business

operating in Texas at 701 E Plano Pkwy, Ste. 408 Plano, TX 75074 as a proprietorship
under the ownership of Rebecca Nyhus, 2713 Cobre Valle Ln. Plano, TX 75023 and
Jordan Berry, 2713 Cobre Valle Ln. Plano, TX 75023. These two individuals will be
referred to herein by their assumed business name, but the individuals are the actual
parties in interest. Plasticland purports to have started in 2002 as an alternative to the
super trendy, cookie-cutter fashions found at the mall.
They claim not to have a
storefront and conduct all business online. Additionally, they claim to offer a fun and
unique selection of products including masks and socks. Plasticland also maintains a
broad
social
media
and
online
seller
presence.
See,
for
example,
https://www.facebook.com/plasticland. Plasticland offers its products for sale locally and

via shipping throughout the United States and internationally. On information and belief,
Plasticland has purchased infringing masks from Defendant C&F Enterprises, Inc. and
offered them for resale in Oklahoma.
5. Defendant C & F Enterprises Inc. does business as Gallerie II (Gallerie). It is
a Virginia corporation formed November 30, 1976, having its registered agent as Carlos
Fang, 819 Blue Crab Road, Newport News, VA 23606.
Gallerie claims to be a
wholesale, artist-designed gift and home dcor company as a separate division of C & F
Enterprises with its corporate headquarters in Newport News, Virginia. Gallerie purports
to be known for its distinctive and exclusive products based on proprietary and licensed
designs. Gallerie further purports to have showrooms in major cities including Atlanta,
GA; Columbus, OH; Dallas, TX; Denver, CO; Las Vegas, NV; Los Angeles, CA;
2
S:\My Files\Shelby, Ann\PLASTICLAND\Pleadings\Complaint20160329.docx
Minnetonka, MN; and sales representatives throughout the U.S. and Canada. Gallerie
purports to develop innovative and fresh products.
Gallerie has produced works
infringing Plaintiffs copyrights, and those infringing works have been sold or offered for
sale in Oklahoma.
6. Defendant Socksmith Design, Inc. (Socksmith) is a California corporation
formed January 1, 2010, having its registered agent as Eric W. Gil, 1515 Pacific Ave.,
Santa Cruz, CA 95060. Socksmith claims to design their own socks with a West Coast
point of view. They purport to carry a collection of mens and womens novelty socks
and knee-highs. Socksmith claims to have its socks in hundreds of store nationwide.
Socksmith socks are alleged to be sold in Oklahoma cities including Lawton, Norman,
Oklahoma City, Tulsa, Bartlesville, and Tahlequah. Socksmith has produced derivative
works infringing Plaintiffs multiple copyrights, and those infringing works have been
sold or offered for sale in Oklahoma.
7. Defendant Forum Novelties Inc. (Forum) is a New York corporation formed
August 22, 1978, having no registered agent but a New York Department of State process
address at Forum Novelties, Inc., 1770 Walt Whitman Rd., Melville, NY 11747. Its
principle executive offices are claimed to be at, 1770 Walt Whitman Rd., Melville, NY
11747. Forum claims to be a wholesaler and a leader in the Halloween industry, as well
as the joke, trick, magic, and novelty gift item business. They purport to have been in
business for over 30 years. Additionally, they claim to be manufacturers, importers, and
distributors of over 8,000 items and only sell to the retail and wholesale trades. Forum
3
has sold or offered for sale in Oklahoma derivative works infringing Plaintiffs multiple
copyrights.
8. Defendant Wonder Costumes, LLC. (Wonder) is purported to be a limited
liability company with the owner being John Kurian, started December 5, 2006 and
having its principle place of business at 13432 S.W. 131st St., Miami, FL 33186.
Wonder claims to be an e-commerce company that specializes in the sale and wholesale
of Halloween costumes, accessories, party goods, and Halloween decor all year-round,
but has party supplies and decorations to cover any occasion and holiday. Wonder
Costumes purports to be an industry expert with over 11 years of experience in online
and local costume sales, having one of the largest networks of costume suppliers and
manufacturers. Wonder asserts to be located in Kendall, Florida but is primarily an online
store. It asserts that is has established multiple distribution facilities throughout the
United States. They claim to ship in the anywhere in the world. Wonder also maintains a
broad
social
media
presence.
https://www.facebook.com/WonderCostumes.
See,
for
example,
Wonder offers its products for sale
locally and via shipping throughout the United States and internationally.
On
information and belief, Wonder has purchased infringing masks from Forum Novelties
and offered them for resale in Oklahoma.
9. Defendant Spencer Spirit Holdings, Inc., is purported to own and operate
Spencer Gifts, LLC. and Spirit Halloween, LLC. It is a New Jersey corporation
incorporated in 2007 and having its principle place of business at 6826 Black Horse Pike,
Egg Harbor Township, NJ, 08234. Spencer Gifts, LLC purports to operate over 646
4
Spencer retail stores in the United States and Canada as well as one in Oklahoma. Spirit
Halloween, LLC purports to operate over 1100 temporary seasonal Halloween retail
stores in the United States and Canada as well as one in Oklahoma. Both Spencer, LLC,
and Spirit allegedly operate e-commerce sites. Spencer Spirit Holdings, Inc., Spencer
Gifts, LLC. and Spirit Halloween, LLC. will be collectively referred to as Spencer.
Spencer claims to be a leading specialty retailer offering unique merchandise tailored to
reflect popular theme and trends.
Included within their merchandise is masks,
specifically Day of the Dead masks. Spencer also maintains a broad social media
presence.
See,
for
example,
https://www.facebook.com/spencers
and
https://www.facebook.com/spirithalloween. Spencer offers its products for sale locally

and via shipping throughout the United States and internationally. On information and
belief, Spencer has sold infringing masks and offered them for resale in Oklahoma.
Plaintiffs Works
10. Plaintiff is a retired doctor. After retiring, she became an active artist creating
jewelry, purses, and masks among other works. Plaintiff began painting masks and
designing jewelry approximately in 2000, and around 2004, she decided to sell her
artwork to help support her altruistic endeavors (primarily a pet rescue). Plaintiff opened
an online shop known as Masquefaire (Https://www.etsy.com/shop/Masquefaire) at
Etsy.com in December 2008 and began selling her art in January 2009. In addition to
Plaintiffs Etsy.com store, she has also sold her works on Ebay.com as user
Masquefaire from December 2008 and at science fiction and fantasy conventions in
Oklahoma and Missouri starting around 2001. Plaintiff has generally used the proceeds
5
from her art to support local animal charities and food banks. Her masks are painted with
specific schemes wherein many of her masks were designed for Dia de Muertos (aka
Day of the Dead). Her jewelry has an alien abduction theme. Plaintiff has copyrighted
many of her works as indicated by the copyright registration number starting with a VA
in column 2 of
Table 1. Additionally, Plaintiff has applied for copyright protection
on many other works as indicated by the application number in column 2 starting with a
numeral 1.
The registration certificates or application paperwork for each work
identified in Table 1 are attached hereto with as exhibits corresponding to their number in
Table 1. In addition to the registered or copyright-pending works, Plaintiff has created a
large number of additional works, many of which can currently be viewed at her
Etsy.com store.
TABLE 1: SELECT SPECIMENS OF PLAINITFFS WORKS
Exhibit Reg. # or
App. #
VA 1-906-282
1
(registration)
Subj.
Title of Work
Reg. or
App. Date
20131115
Cat,
Color
Muertos Kitty
Cat Mask Rose
VA 1-104-677
(registration)
Cat,
Color
Dia de los Muertos

Kitty Cat
Mask
20120523
VA 1-922-545
(registration)
Cat,
Color
I love my kitty
Muertos Mask
20131206
6
Work
Exhibit Reg. # or
App. #
VA 1-922-538
4
(registration)
Subj.
Title of Work
Cat,
Color
I love my muertos
mask
Reg. or
App. Date
20131206
VAu 1-208-188 Cat,

(Registration) Color
(hat)
Mini Top-Hat Dia

de los Muertos Kitty
Cat Mask
20120416
VA 1-815-520
(registration)
Cat,
Color
Cat Skull Mask
20120403
VA 1-922-540
(registration)
Cat,
B&W
Phantom of the
Opera Cat Mask
20131116
VA 1-933-427
(registration)
Face,
Flower
Hair
Skull Pink Bridal

Rose Mask
20140815
VA 1-922-537
(registration)
Face,
Flower
Hair
Lady Heart Mask
20131115
10
VA 1-932-431
(registration)
Face,
Flower
Hair
Lady of the Flowers

Mask
20140714
7
Work
Exhibit Reg. # or
App. #
VA 1-922-484
11
(registration)
Subj.
Title of Work
Face,
Flower
Hair
Dua de los Muertos

Horse Skeleton
Mask
Reg. or
App. Date
20131113
12
VA 1-927-362
(registration)
Face,
Flower
Hair
Dia de los Muertos

Cat Skeleton Mask
20131113
13
VA 1-906-289
(registration)
Face,
Flower
Hair
Spider Woman
Mask
20131113
14
VA 1-906-288
(registration)
Face,
Flower
Hair
Pink Wedding Mask

Dia del los Muertos
20131116
15
VA 1-955-785
(registration)
Black Heart Spider

Woman Mask
20131113
16
VA 1-955-791
(registration)
Face,
Flower
Hair
(onesided
with
butterfly
)
Face,
Hat
Flower
Male Mask with

Large Top-Hat &
Rose on Chin
20131013
8
Work
Exhibit Reg. # or
App. #
VA 1-906-283
17
(registration)
Subj.
Title of Work
Face,
Hat
(spider
web)
Dia de los Muertos

Spider Groom Mask
Reg. or
App. Date
20131115
18
VA 1-916-998
(registration)
Face,
Feathers
Mexican Sugar
Skull Blue Mask
20131113
19
VA 1-906-285
(registration)
Face,
Plain
(heart)
Groom Heart Mask
20131115
20
VA 1-922-193
(registration)
Face,
Plain
(brain)
Man's Skull Mask

with Brain
20131014
21
VA 1-103-793
(registration)
Face,
Plain
(skull)
Human Skull Mask
20120416
22
VA 1-140-375
(registration)
Beast,
Feathers
Feathered Beast
Mask
20120416
9
Work
Exhibit Reg. # or
App. #
VA 1-933-282
23
(registration)
Subj.
Title of Work
Beast,
Plain
Bald Beast Mask
Reg. or
App. Date
20140814
24
VA 1-938-055
(registration)
Beast
Feathers
Muertos Crow Mask
20141009
25
VA-1-945-007
(registration)
Cat,
Color
Cat Jaguar Butterfly

Mask
20150105
26
VA 1-934-172
(registration)
Cat,
B&W
Black and White Cat

Mask
20140824
27
VA 1-951-062
(registration)
Cat,
Color
(hat)
Tearful Day of the

Dead Cat Mask
20150206
28
VA 1-945-004
(registration)
Face,
Flower
Hair
Human Jaguar
Butterfly Mask
20150105
29
VA 1-938-052
(registration)
Face,
Flower
Hair
Spring Muertos
Sugar Skull Mask
20141011
30
VA 1-945-006
(registration)
Face,
Flower
Hair
Bat Dia de los

Muertos Mask
20150105
10
Work
Exhibit Reg. # or
App. #
VA 1-938-056
31
(registration)
Subj.
Title of Work
Face,
Flower
Hair
Murders of Crows
Mask
Reg. or
App. Date
20141022
32
VAu 1-193-343 Face

(registration) Plain
Male Ghoul Mask

Orange Blue
20141028
34
VA 1-922-356
Alien
Alien Abduction
Bigfoot Jewelry
20131116
35
VA 1-922-541
Alien
Dino
Alien Abduction of
Dinosaur Jewelry
Stegosaurus
20131130
36
VA 1-922-542
Alien
Dino
Alien Abduction of
Dinosaur Jewelry TRex
20131130
37
VA 1-922-543
Alien
Dino
Alien Abduction of
Dinosaur Jewelry
Triceratops
20131130
38
VA 1-922-544
Alien
Dino
20131130
39
1-3140891601
Alien
Myth
Alien Abduction of
Dinosaur Jewelry
Diplodocus
Brontosaurus
Alien Abduction of
Unicorn Jewerly
20160218
11
Work
Infringing Defendants
11. Gallerie offers or has offered for sale works that infringe Plaintiffs
copyrights. Works infringed by Gallerie, include but are not necessarily limited to the
following Exhibit 2. The infringing mask in Figure 1 was nearly identical to Plaintiffs
works, shown in Exhibit 2 though the infringing
mask shows some inconsequential differences.
On information and belief, the differences result
from intentional efforts by Gallerie to disguise
copying of Plaintiffs works, evidencing a
willful intent to obscure the blatant copying
undertaken by Defendants.
The infringing
Figure 1: Plasticland Infringing

Cat Mask
mask is strikingly similar to the corresponding copyrighted work created by Plaintiff.

12. On information and belief, the infringing work sold by Gallerie have been
sold to retailers/resellers for resale to consumers. The retailer/reseller includes but is not
limited to the following named Defendant: Plasticland.
12
Figure 2: Socksmith Online Sale of

infringing Black Socks
Figure 3: Socksmith Online Sale of

infringing Purple Socks
13. Socksmith offers or has offered for sale works that infringe Plaintiffs
copyrights. See Figure 2 and Figure 3. Works infringed by Socksmith, include but are
not necessarily limited to the following Exhibits 34, 35, 36, 37, 38, and 39.
On
information and belief Socksmith created a derivative work on a different medium based
on combining Plaintiffs works Exhibits 34, 35, 36, 37, 38, and 39 into a different works.
The infringing socks in Figure 2 and Figure 3 copies each of the Plaintiffs jewelry works
noted in Table 1. They use the broad beam as seen in Ex 34 with the dinosaurs as
depicted in the Plaintiffs works Exhibits 35, 36, 37, and 38 and the mythological
creature depicted in the Plaintiffs work Exhibit 39. On information and belief, the
infringing works sold by Socksmith have been sold to retailers/resellers for resale to
consumers. These retailer/reseller includes but is not limited to the following named
Defendant: Plasticland.
13
14. On information and belief Plasticland purchased from Gallerie at least one
mask that is strikingly similar to Plaintiffs Exhibit 2 and made the infringing mask
available for sale online. See Figure 4. The infringing mask was a nearly identical copy
of Plaintiffs work, Exhibit 2, though the infringing mask shows some inconsequential
differences. On information and belief, the differences result from intentional efforts by
Gallerie to disguise copying of Plaintiffs works, evidencing a willful intent to obscure
the
blatant
copying
undertaken
by
Defendants. Full page version of the mask

shown in Figure 4 is included as Exhibit 40
to this Complaint.
15. On
information
and
belief,
Plasticland purchased from Socksmith at

least one derivative work as noted above.
Plasticland
offers
or
has
offered
the
Figure 4: Plasticland Online Sale of

infringing Cat Mask
infringing socks available for sale online. See Figure 5 and Figure 6.
14
Figure 5: Plasticland Online Sale of infringing Black Socks
Figure 6: Plasticland Online Sale of

infringing Purple Socks
15
16. Forum offers or has offered for sale works that infringe Plaintiffs copyrights.
Works infringed by Forum, include but are not necessarily limited to the following
Exhibits 1, 10, and 16. The infringing masks in Figure 7, 8, 9, and 10 were substantially
similar to Plaintiffs works, shown in Exhibits 1, 10, and 16, respectively, though the
infringing masks show some inconsequential differences.
Figure 7: Forum Novelties Online Sale of

infringing Masks
Figure 9: Forum Novelties Online

Sale of infringing Masks


17. For example of Forums infringement concerns Plaintiffs Exhibit 10 mask

which has eye holes outlined in black; a blackened nose; three flowers on the right side of
16
the mask with one red flower with three green leaves at the front and larger than the other
two; one blue flower positioned behind the larger red flower and the other orange flower
positioned to the right side of the larger flower; adjacent tendrils emanating from the
flowers on multiple sides; eyes ringed with a continuous beadwork design purple
around the right eye and red around the left eye; each cheek having a blackened portion;
right cheek displaying a flower with leaves attached and tendrils; the outline of teeth; and
two flowers, red and purple, on the lower left of the chin.
18. Forums infringing mask, Figure 8 is strikingly similar to Plaintiffs Exhibit
10 mask. Similarities must be viewed to be fully appreciated, but the similarities include
the overall impression of the work; eye holes outlined in black; a blackened nose; three
flowers on the right side of the mask with one orange flower with three green leaves at
the front and larger than the other two; one pink flower positioned behind the larger red
flower and the other blue flower positioned to the right side of the larger flower; adjacent
curlicues emanating from the flowers on multiple sides; eyes ringed with a continuous
beadwork design purple around the left eye and red/pink around the right eye; each
cheek having a blackened portion; left cheek displaying a flower with leaves attached and
tendrils; the outline of teeth; and two flowers, blue and purple, on the lower left of the
chin On information and belief, masks of Figure 8 differences are the result from
intentional efforts by Spencer to disguise copying of Plaintiffs works while quickly and
cheaply producing masks, evidencing a willful intent to obscure the blatant copying
undertaken by Defendants.
The infringing masks are strikingly similar to the
corresponding copyrighted works created by Plaintiff.

17
19. For example, Plaintiffs Exhibit 16 mask has a hat; eye holes outlined in black
outside of which is a continuous beadwork design with the left eye orange and the right
eye purple; each cheek having a blackened portion with brown outline; a black-tipped
nose with a thin black mustache below; and the teeth outlined in gold.
20. Forums infringing mask with Hat, Figure 9 and infringing mask without the
hat, Figure 10, are strikingly similar to Plaintiffs Exhibit 16 Mask. Similarities must be
viewed to be fully appreciated, but the similarities include the overall impression of the
work; a hat for Figure 9; eye holes outlined in black outside of which is a continuous
beadwork design around both eyes with the beadwork having the same color around both
eyes; each cheek having a blackened portion with brown outline; a black-tipped nose
with a thin black mustache below; and the teeth outlined in gold. On information and
belief, masks of Figure 9 and 10 differences are the result from intentional efforts by
Spencer to disguise copying of Plaintiffs works while quickly and cheaply producing
masks, evidencing a willful intent to obscure the blatant copying undertaken
by Defendants.
The infringing masks are strikingly similar to the corresponding
copyrighted works created by Plaintiff.

21. On information and belief, Wonder
purchased from Forum Novelties at least one mask
that is strikingly similar to Plaintiffs Exhibit 16
and made the infringing masks available for sale
online. See Figure 11. The infringing mask was a
Figure 11: Wonder Online Sale

of infringing Masks
18
nearly identical copy of Plaintiffs work, Exhibit 16, though the infringing mask shows
some inconsequential differences. On information and belief, the differences result from
intentional efforts by Wonder to disguise copying of Plaintiffs works, evidencing a
willful intent to obscure the blatant copying undertaken by Defendants. Full page
versions of the masks shown in Figure 11 is included as Exhibit 41 to this Complaint.
22. On information and belief, Spencer purchased from Forum Novelties at least
one mask that is strikingly similar to Plaintiffs Exhibit 16 and made the infringing masks
available for sale online. Additionally, on information and belief, Spencer offers or has
offered for sale works that infringe Plaintiffs copyrights. Works infringed by Forum,
include but are not necessarily limited to the following Exhibit 16. The infringing masks
in Figure 12, and 13, were substantially similar to Plaintiffs works, shown in Exhibit 16.
23. The Plaintiffs Exhibit 16 mask has a hat; eye holes outlined in black outside
of which is a continuous beadwork design with the left eye orange and the right eye
purple; each cheek having a blackened portion with brown outline; a black-tipped nose
with a thin black mustache below; and the teeth outlined in gold with dividing lines on
the back three molars.
19
24. The infringing mask, Figure 12 and 13 are strikingly similar to Plaintiffs
Figure 12: Spencer

(Spencer Gifts) Online Sale
of infringing Masks
Figure 13: Spencer (Spirit

Halloween) Online Sale of
infringing Masks
Exhibit 16 Mask. but the similarities include the overall impression of the work; a hat;
eye holes outlined in black outside of which is a continuous beadwork design around both
eyes; with the red beadwork around both; each cheek having a blackened portion with a
brown outline outside the black; a black-tipped nose with a thin black mustache below;
and the teeth outlined in gold and in Figure 13, the teeth outlined in gold have dividing
lines on the back three molars. On information and belief, masks of Figure 12 and 13
differences are the result from intentional efforts by Spencer to disguise copying of
Plaintiffs works while quickly and cheaply producing masks, evidencing a willful intent
20
to obscure the blatant copying undertaken by Defendants. Full page version of the mask
shown in Figure 12 is included as Exhibit 42 to this Complaint.
25. The infringing masks are strikingly similar to the corresponding copyrighted
works created by Plaintiff.
CAUSES OF ACTION
First Cause of Action
Copyright Infringement
26. Plaintiff restates and incorporates herein by reference the preceding and
subsequent allegations of this Complaint.
27. Plaintiffs artwork consists of original works of authorship fixed in a tangible
medium of expression. Plaintiffs works have been registered with the United States
Copyright Office, or are subject to applications for copyright registration and, as an
individual with exclusive rights of copyright protection; Plaintiff has the exclusive rights
of reproduction, preparation of derivative works, distribution, and display of same.
17 U.S.C. 106.
28. Plaintiffs works were available online and Defendants had access to pictures
of Plaintiffs works.
29. Defendants copied, distributed and sold, without Plaintiffs knowledge,
consent or permission, Plaintiffs works for Defendants commercial use and benefit,
including without limitation, for the purpose of financial gain and obtaining a competitive
edge over Plaintiff.
21
30. The foregoing acts of infringement have been willful, intentional, and in
disregard of and with indifference to the rights of the Plaintiff.
31. As a result, of Defendants infringement of the Plaintiffs exclusive rights
under copyright, the Plaintiff is entitled to relief pursuant to 17 U.S.C. 504, and to its
attorneys fees and costs pursuant to 17 USC 505.
32. Defendants conduct is causing, and unless enjoined and restrained by this
Court, will continue to cause, the Plaintiff great and irreparable injury that cannot fully be
compensated or measured in money. The Plaintiff has no adequate remedy at law.
Pursuant to 17 USC. 502 and 503, the Plaintiff is entitled to injunctive relief
prohibiting Defendants from further infringing the Plaintiffs copyrights and ordering that
each Defendant destroy or surrender any copies of the above named works made in
violation of the Plaintiffs copyrights.
Second Cause of Action

Vicarious And/Or Contributory Copyright Infringement
33. Plaintiff restates and incorporates herein by reference the preceding and
subsequent allegations of this Complaint.
34. Defendants copied, reproduced, sold, and distributed Plaintiffs protected
artwork for Defendants financial gain.
35. Defendants knew or should have known that their conduct would infringe
Plaintiffs rights in their copyrighted works, to wit, Defendants had actual or constructive
knowledge regarding copying, reproducing, distributing and selling the subject works,
22
and Defendants failed or refused to stop same, which resulted in an infringement of

protected works of expression, and that said conduct would damage Plaintiff.
36. By copying, reproducing, distributing and selling Plaintiffs works for their
own commercial use and benefit, Defendants interfered with, impeded and/or prevented
Plaintiffs ability to realize commercial gain from her creative efforts. Specifically,
Defendants poached particular customers who desired to obtain masks using Plaintiffs
works. In addition, the sale of copies of Plaintiffs copyrighted work to Plaintiffs
potential customers has decreased Plaintiffs ability to build further markets for her
registered works.
37. As a result, of Defendants conduct, Plaintiff has been denied the right and
opportunity to create business relationships and to generate income therefrom.
WHEREFORE, Plaintiff respectfully asks the Court to rule in her favor and
against the Defendants, and award Plaintiff all actual, compensatory, consequential,
direct, and indirect damages as a result of Defendants infringement and related wrongful
conduct; awarding Plaintiff for all monies lost; awarding Plaintiff exemplary damages;
impounding all works wrongfully copied and enjoining Defendants from such future
wrongful conduct; awarding Plaintiff the costs and expenses of this lawsuit, including
reasonable attorneys fees; interest; and such other and further relief as this Court deems
proper. More to the point, Plaintiff asks the Court to:
Enter preliminary and permanent injunctions providing Defendants shall be enjoined
from directly or indirectly infringing the Plaintiffs rights in the registered woks and
23
ordering Defendants to destroy or surrender to Plaintiff all copies of Plaintiffs

registered works in Defendants possession, custody, or control;
Award actual damages or statutory damages pursuant to 17 USC 504, at the election
of the Plaintiff;
Award Plaintiffs costs in this case;
Award Plaintiffs reasonable attorney fees; and
Provide such other and further relief as the Court deems proper.
Respectfully submitted,
s/ Edward L. White
Edward L. White, P.C.
Edward L. White, OBA #16549
Kerry D. Green, OBA #31998
829 East 33rd Street
Edmond, Oklahoma 73013
Telephone: (405) 810-8188
Facsimile: (405) 608-0971
Email: ed@edwhitelaw.com
kerry@edwhitelaw.com
ATTORNEY LIEN CLAIMED

JURY TRIAL DEMANDED
24
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E C E N T P O S T SA: A Ebeautiful
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A: My favorite thing about Earthbound is feeling like I am apart of
something bigger. I love to help people grow, and find themselves. I
love being a leader, and continuing to learn myself. Every day here I
have new opportunities to learn, and share my knowledge with
those around me. I also am grateful to get to work in a place where
work is greater than image. Here I can be who I am meant to be and
help everyone understand the beauty in themselves and embrace
others.
http://www.earthboundtrading.com/blog/2013/11/12/eb-team-spotlight-coty-at-regency/
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B o n e B l o
1/3
10/23/2014
| EB Team Spotlight:
Coty at Regency!
Case 5:16-cv-00432-D EBT
Document
1-1 Filed
04/27/16 Page 6 of 7
Q: What's your favor ite thing to do when you'r e not at wor k?

A: I have to say spending time with my 2-year-old son. I also love
anything music (writing, playing, listening). Some people call me a
walking mp3 player due to the amount of music I listen to/know
about. Also, anything about the Universe is another guilty pleasure!
Earthbone
B o n e B l o
M a s k C o s
Online S
Q: What song have you been jamming out to lately?

A: That's a tough question... I can't say a specific song, but I can
give my current top artist/album in certain categories:
Rap: Ces Cru - Constant Energy Struggles
Rock: Life On Repeat - Struggle + Sleep
Electro/Dubstep: Zomboy - Reanimated
Metal: Volumes - VIA
Q: What's your greatest dream in life?
A: I have to say I have a lot of dreams I would like to achieve, but
first and foremost, I want to be a great father to my son. I am so
diverse in beliefs and I am not afraid of being who I am, and I just
want him to know that it is ok to accept people based on their soul,
not their appearance. I feel that I have been given this chance and I
want to pass it on.
Q: You're str anded on a desert island. Excluding food, water and
means of escape, what thr ee items (one being an Earthbound
pr oduct) would you take?
A: I would say I would have to take a fishing pole to relax on the
beach and get some delicious sea food! Also, I would bring a fire
starter kit for those cold nights, and I think one of the awesome
tapestries (maybe the great wave) to have a super awesome
hammock during the day and a shelter during the night! I think it
would also make a super sweet cape to have during the rescue!
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COMMENTS:
Courtney
Nov 13, 2013 at 01:23 PM
This Dude is Awesome! If you haven't met him you need too!!! He
is an Amazing person and the best BOSS EVER!!!!!!!
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Certificate of Registration
This Certificate issued under the seal of the Copyright
Office in accordance with title 17, United States Code,
attests that registration has been made for the work
identified below The infonnation on this certificate has
been made a part of the Copyright Office records.
Registration Number
VAu 1-208-188
Effective Date of Registration:
April 16, 2Q12

Register of Copyrights, United States of America
Title
Title of Work:
Mini Top Hat Dia de los muertos Kitty Cat Mask
CornpLio.nIPiicIion
Year of Completion:
2011
Author:
Author Created:
Work made for hire:
Citizen of:
Domiciled in:
Year Born:
Ann M. Shelby
all, surface 2-Dimensional artwork & some adapted .3-Dimensional artwork
No
United .States
United States.
1954
Author
Copyright Claimant
Copyright Claimant:
Ann M. Shelby
P.O. Box 486, Cafoosa,OK, 74015, United States:
Limitation of copyright claim

Material excluded from this claim:
--
New.material included in claim:
preexisting blank papermache mask

aIl-suree 2.J)imenimnal artwork & someadapted-S-Dimnsional artwork
Rights and Permissions

Name:
Emath
Telephone:
Address:
Ann M. Shelby
masquefaire@cox.net
(918)639-3605
P.O. Box 486
Catoosa, OK 74015 United States
Certification
Name:
Date:
Ann M Shelby
April 16, 2012
Page 1 of2
EXHIBIT 5
Page 1 of 5

Registration #:
Service Request #:
VAuOOI2O8 188
1-753354035
Arm M. Shelby
P.O. Box 486
EXHIBIT 5
Page 2 of 5
Date: Monday, April 16, 2012 2:12 PM

From: Copyright Office <cop-rc@loc.gov>
To: masquefaire@cox.net
Subject: Acknowledgement of Receipt
THIS IS AN AUTOMATED EMAIL
DO NOT REPLY.
Thank you for submitting your registration claim using the electronic Copyright
Office (eCO) System. This email confirms that your application and fee for the
work Mini Top Hat Dia de los muertos Kitty Cat Mask was received on 04/16/2012.
The following applies to registration claims only (not preregistrations):
The effective date of registration is established when the application, fee AND
the material being registered have been received. If you have not yet sent the
material to be registered, logon to eCO and click the blue case number
associated with your claim in the Open Cases table, then do one of the
following:
For digital uploads: Click the Upload Deposit button at the top of the Case
Summary screen, then browse and select the file(s) you wish to upload. Note:
only certain classes of works may be registered with digital deposits (See FAQB:
http: //www.copyright.gov/eco/fag.html#eCO 1. 4.
For hardcopy submissions:
Click the Create Shipping Slip button at the top of
the Case Summary screen, then click the Shipping Slip link that appears in the
Send By Mail table. Print out and attach the shipping slip to the copy(ies) of
your work. For multiple works, be sure to attach shipping slips to the
corresponding copies.
A printable copy of the application will be available within 24 hours of its
receipt. To access the application, click the My Applications link in the left
top most navigation menu of the Home screen.
You will be issued a paper certificate by mail after the registration has been
completed. You may check the status of this claim via eCO using this number
[1753354035].
[THREAD ID:
1-CGKJZD]
United States Copyright Office
EXHIBIT 5
Page 3 of 5

,..
Date: Monday, April 16, 2012 2:19 PM

From: Copyright Office <cop-rc@iocgov>
Subject: Acknowledgement of Uploaded Deposit
THIS IS AN AUTOMATED EMAIL.
PLEASE DO NOT REPLY.
Thank you for submitting your registration claim using the Electronic Copyright
Office (ECO) System.
The following files were successfully uploaded for service request 1753354035
File Name :DSCNOS5O.JPG
File Size :2163 KB
Date/Time :4/16/2012 2:13:40 PM
[THREAD ID:
1-CGKRFG]
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Office in accordance with title i7, United States Code,
identified below. The information on this certificate has
Registration Number
VA 1-933-427
Effective date of
registration:
August 15, 2014
Title
Title of Work: Skull Pink Bridal Rose Mask
Completion/Publication - - - - - - - - - - - - - - - - - - - - Year of Completion: 2012

Date of 1st Publication:
September 9, 2012
Nation of 1st Publication: United States
Author
Author: Ann M. Shelby

Author Created: 2-D artwork
Citizen of: United States
Copyright claimant
Copyright Claimant: Ann M. Shelby
P.O. Box 486, Cat~psa, OK, 74015

blank mask 3D
New mat~rial included in claim: 2-D artwork

Name: Ann M. Shelby
Email: masquefaire@cox.net
Address:
Telephone:
918-639-3605
P.O. Box 486

Catoosa, OK 74015
Certification
Name:. Ann M Shelby
'\.
Date: August 15, 2014
EXHIBIT 8
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-----
Office in accordance with title i7, United States Code,
Registration Number
VA 1-932-431
Effective date of
registration:
July 14, 2014
Title
Title of Work: Lady of the Flowers Mask

Date of 1st Publication: August 10, 2010
Nation of 1st Publication: United States
Author
Author: AnnM. Shelby

Year Born:
Domiciled in: United States
1954
Copyright claimant
P.O. Box 486, Catoosa, OK, 74015

3D mask blank
New material included in claim: 2-D artwork
Rights and Permis~ions

Name: AnnM. Shelby
Email: masque:faire@cox.net
Telephone:
918-639-3605
Address: 'P.O ..Box 486

Catoosa, OK 74015
Certification
Name: Ann M Shelby
Date: . July 14, 2014
EXHIBIT 10
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5:16-cv-00432-D
Document 1-12 Filed 04/27/16 Page 1 of 4 Page 1 of 2
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Search Request: Left Anchored Title = dia de los muertos cat skeleton mask
Search Results: Displaying 1 of 1 entries
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Dia de Los Muertos Cat Skeleton Mask.

Type of Work: Visual Material
Registration Number I Date: VAOOOl 927362 I 2013-11 -13
Application Title: Dia de los Muertos Cat Skeleton Mask.
Title: Dia de los Muertos Cat Skeleton Mask.
Description: Electronic file (eService)
Copyright Claimant: Ann M. Shelby, 1954-. Address: P.O. Box 486, Catoosa, OK,
74015, United States.
Date of Creation: 2009
Date of Publication: 2010-04-28
Nation of First Publication: United States
Authorship on Application: Ann M. Shelby, 1954- ; Citizenship: United States. Authorship: 3D
artwork.
Pre-existing Material: paper mache mask.
Basis of Claim: 2-D artwork.
Rights and Permissions: Ann M. Shelby, P.O. Box 486, Catoosa, OK, 74015 , United States,
(918) 639-3605 , masquefaire@cox.net
Copyright Note: C.O. correspondence.
Names: Shelby, Ann M., 1954-
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EXHIBIT 12
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,-
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Registration Number
VA 1-955-785
November 13, 2013
A
Title
Black Heart Spider Woman Mask
Title of Work:
(nmnIptinnIPi ihIkitinn
2012
September 09, 2012
United States
Year of Completion:
Date of 1st Publicatioa:
Nation of
Publication:
Author
.
Ann M. Shelby
all surface 2-Dimensional artwork & some adapted 3-Dimensional artwork
United States
1954
Author:
Author Created:
Citizen of:
Year Born:
Copyright Claimant
Copyright Claimant:
Ann M.. Shelby

P.O. Box 486, Catoosa, OK, 74015, United States
Limitation of copyrightclaim
preexisting blank paper mache mask
in claim:
al1surac2Drnensionatartwork &
Newinaterizligeltidl

Name:
Emaih
Telephone:
Address:
some adapted3Dimensional artwork
Ann M. Shelby
masquefaire@cox.net
(918)639-3605
P.O. Box 486
Certification
Name:
Date:
Arm M. Shelby
November 13, 2013
Page
1 of2
EXHIBIT 15
Page 1 of 5

Registration #:
Service Request #:
VA0001955785
1-1020651972
Ann M. Shelby
P.O. Box 486
EXHIBIT 15
Page 2 of 5
Date: Wednesday, November 13, 2013 6:45 AM

From: Copyright Office <noreply@loc.gov>
Subject: Confirmation of Receipt
Your application and payment for the work Black Heart Spider Woman Mask were
received by the U.S. Copyright Office on 11/13/2013.
PLEASE NOTE:
Your submission is not complete until you upload or mail the
material you are registering. To do so, logon to eCO
(https://eco.copyright.gov/eService enu/I and click on case number 11020651972
in the Open Cases table. Follow the instructions to either upload a digital copy
or mail a physical copy (with shipping slip attached) of the work being
registered. Additional instructions and requirements for submitting the material
being registered can be found at http://www.copvright.gov/eco/tips/.
SHIPPING SLIPS:
If you mail physical copies of the material being registered,
the effective date of registration will be based on the date on which we receive
the copies WITH CORRESPONDING SHIPPING SLIPS ATTACHED.
A printable copy of the application will be available within 24 hours by
clicking the My Applications link in the left top most navigation menu of the
Home screen.
You may check the status of this claim via eCO using this number 11020651972.
If you have questions or need assistance, Copyright Office contact information
can be found at http: //www.copyright. gov/help/index.htmlgeneral.
EXHIBIT 15
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Date: Wednesday, November 13, 2013 6:55 AM

From: Copyright Office <cop-rcloc.gov>
File Name
File Size
Date/Time
:DSCN4915.JPG
:3322 KB
:11/13/2013 6:47:47 AN
File Name
File Size
Date/Time
:DSCN5629.JPG
:3399 KB
:11/13/2013 6:47:47 AN
File Name
File Size
Date/Time
:DSCN8178.JPG
:2047 KB
:11/13/2013 6:47:47 AM
[THREAD ID:
1-GVP12IJ
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been made a part of the Copyright Office records,
Registration Number
VA 1-955-791
October 13, 2013
Title
Title of Work:
Day of the Dead Gentlemans Mask
CompletionlPublication
Year of Completion:
Date of 1st Publication:
st Publication:
Nation of 1
2012
October 13, 2012
United States
Author
Author:
Author Created:
Citizen of:
Domiciled in:
Year Born:
Copyright Claimant
Ann M. Shelby
all surface 2-Dimensional artwork & some adapted 3-Dimensional artwork
United States,
United States
1954
Copyright Claimant:
AnnM.Shelby
P.O. Box 486,Catoosa, OK, 74015, Unite4 States

New material included in claim:
preexisting blanic paper mache mask

all surface 2-Dimensinal artwork & some adapted 3-Dimensional artwork

Name:
Email:
Telephone:
Ann M. Shelby
masquefaire@cox.net
(-918)639-3605
Certification
Name:
Date:
Ann M. Shelby
October 13, 2013
Page 1 of2
EXHIBIT 16
Page 1 of 4

Registration #:
Service Request #:
VA0001955791
1-1006 170721
Ann M. Shelby
P.O. Box 486
Catoosa, OK 74015
EXHIBIT 16
Page 2 of 4
Date: Sunday, October 13, 2013 11:07 PM

From Copyright Office <cop- rc@loc.gov>
File Name :DSCN5336.JPG
File Size :6139 KB
Date/Time :10/13/2013 10:59:38 PM
[THREAD ID:
lGN2OG]
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Registration Number
VA 1-933-282
Effective date of
registration:
August 14, 2014
Title - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Title of Work: Bald Beast Mask

Date of 1st Publication: July 13, 2014
Nation of lst Publication: United States
Author
Author: Ann M. Shelby

Year Born:
1954
Copyright claimant
P.O. Box 486,
Catqo~a,
OK, 74015
Limitation.of copyright.claim
_Milterial excluded from this claim: blank mask 3D
New material included in claim: 2-D artwork

Name: Ann M. Shelby
Email:. masquefaire@cox.net
Telephone:
918-639-3605
Address: P.O. Box486

Catoosa, OK 74015
Certification
Name:
Ann M. Shelby
Date: August 14, 2014
EXHIBIT 23
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Search Request: Left Anchored Title = cat jaguar butterfly mask
Search Results: Displaying 1 of I entries
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Cat Jaguar Butterfly Mask.

Registration Number I Date: VAOOOl 945007 I 2015-01-05
Application Title: Cat Jaguar Butterfly Mask.
Title: Cat Jaguar Butterfly Mask.
Copyright Claimant: Ann M . Shelby, 1954- . Address: P.O. Box 486, Catoosa, OK,
74015 .
Authorship on Application: Ann M . Shelby, 1954- ; Citizenship: United States. Authorship: 2-D
artwork.
Pre-existing Material: 3D blank mask.
Rights and Permissions: Ann M . Shelby, P.O. Box 486, Catoosa, OK, 74015, (918) 639-3605,
masquefaire@cox.net
Names: Shelby, Ann M., 1954previous
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Search Request: Left Anchored Title = black and white cat mask
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Black and White Cat Mask.

Application Title: Black and White Cat Mask.
Title: Black and White Cat Mask.
Copyright Claimant: Ann M. Shelby. Address: P.O. Box 486, Catoosa, OK, 7401 5.
Date of Creation: 201 2
Authorship on Application: Ann M. Shelby; Citizenship: United States. Authorship: 2-D
artwork.
Pre-existing Material: blank mask.
Rights and Permissions: Ann M . Shelby, P.O. Box 486, Catoosa, OK, 74015 , (918) 639-3605 ,
masquefaire@cox.net
Names: Shelby, Ann M.
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Application Title: Tearful Day of the Dead Cat Mask.
Title: Tearful Day of the Dead Cat Mask.
Copyright Claimant: Ann M. Shelby, 1954- . Address: P.O. Box 486, Catoosa, OK,
74015 .
Authorship on Application: Ann M. Shelby, 1954- ; Citizenship: United States. Authorship: 2-D
artwork.
Rights and Permissions: Ann M. Shelby, P.O. Box 486, Catoosa, OK, 74015, (918) 639-3605 ,
masquefaire@cox.net
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Human Jaguar Butterfly Mask.

Application Title: Human Jaguar Butterfly Mask.
Title: Human Jaguar Butterfly Mask.
74015 .
Date of Publication: 2012-03 -05
Authorship on Application: Ann M . Shelby, 1954- ; Citizenship: United States. Authorship: 2-D
artwork.
Rights and Permissions: Ann M . Shelby, P.O. Box 486, Catoosa, OK, 74015, (918) 639-3605,
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Spring Muertos Sugar Skull Mask.

Type of Work:
Registration Number I Date:
Application Title:
Title:
Description:
Copyright Claimant:
Visual Material
VA0001938052 I 2014-10-11
Electronic file (eService)
Ann M. Shelby, 1954- . Address: P.O. Box 486, Catoosa, OK,
74015 .
artwork.
Rights and Permissions: Ann M. Shelby, P.O. Box 486, Catoosa, OK, 74015, (918) 639-3605,
masquefaire@cox.net
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Search Request: Left Anchored Title = bat dia de los muertos mask
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Bat Dia de Los Muertos Mask.

Application Title: Bat Dia de los Muertos Mask.
Title: Bat Dia de los Muertos Mask.
74015 .
Date of Creation: 201 2
artwork.
Rights and Permissions: Ann M. Shelby, P.O. Box 486, Catoosa, OK, 74015 , (918) 639-3605,
masquefaire@cox.net
Names: Shelby, Ann M., 1954prnious
II next ):>j
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EXHIBIT 30
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Record
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C
i
Date: Thursday, February 18, 2016 7:20 PM

From: Copyright Office <noreply@loc.gov>
To: masquefaire@cox net
Subject: Confirmation of Receipt
Your Application and payment for the work Alien Abduction Earrings Unicorn were received by the U.S.Copyright Office on
2/18/2016.
PLEASE NOTE: Your submission is not complete until you upload or mail the material you are registering. To do so, logon
to httos://eco.coovrioht.aov/eService enu/ and click on case number 1-3140891601 in the Open Cases table. Follow the
instructions to either upload a digital copy or mail a physical copy (with shipping slip attached) of the work being
registered. Additional instructions and requirements for submitting the material being registered can be found at
htt: f/www .coyrioht.ov/eco/tis/.
SHIPPING SUPS: If you mail physical copies of the material being registered, the effective date of registration will be
based on the date on which we receive the copies WITH CORRESPONDING SHIPPING SUPS ATTACHED.
A printable copy of the application will be available within 24 hours by clicking the My Applications link in the left top most
navigation menu of the Home screen.
You may check the status of this claim via eCO using this number 1-3140891601. If you have questions or need
assistance, Copyright Office contact information can be found at httn : //www.coovripht.gov/helo/index.html#peneral.
EXHIBIT 39
Page 1 of 3
C,
Date: Thursday, February 18, 2016 7:24 PM

From: Copyright Office <cop-rc@loc.gov>
To: masquefaire@cox net
Subject: Acknowledgement of Uploaded Depo5it
The following files were successfully uploaded for service request 1-3140891601
File Name :dscn39ll-version3. jpg
File Size :1281623 KB
Date/Time :2/18/2016 7:21:08 PM
[THREAD ID:
1-1FY1C2H]
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CIVIL COVER SHEET
JS 44 (Rev. 11/15)
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
Ann Shelby,
Rebecca Nyhus and Jordan Berry

d/b/a Plasticland, a Texas unincorporated business,
Rogers
(b) County of Residence of First Listed Plaintiff
County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES)

NOTE:
(c) Attorneys (Firm Name, Address, and Telephone Number)
(IN U.S. PLAINTIFF CASES ONLY)

IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)
Edward L. White and Kerry D. Green, Edward L. White, P.C.

829 E. 33rd Street, Edmond, OK 73013
(405) 810-8188
II. BASIS OF JURISDICTION (Place an X in One Box Only)

1
U.S. Government
Plaintiff
Federal Question
(U.S. Government Not a Party)
U.S. Government
Defendant
Diversity
(Indicate Citizenship of Parties in Item III)
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff

(For Diversity Cases Only)
PTF
Citizen of This State
1
DEF
1
and One Box for Defendant)

PTF
DEF
Incorporated or Principal Place
4
4
of Business In This State
Citizen of Another State
Incorporated and Principal Place

of Business In Another State
Citizen or Subject of a
Foreign Country
Foreign Nation
IV. NATURE OF SUIT (Place an X in One Box Only)

CONTRACT
TORTS
110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veterans Benefits
160 Stockholders Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education
FORFEITURE/PENALTY
PERSONAL INJURY
365 Personal Injury Product Liability
367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal
Property Damage
385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
463 Alien Detainee
510 Motions to Vacate
Sentence
530 General
535 Death Penalty
Other:
540 Mandamus & Other
550 Civil Rights
555 Prison Condition
560 Civil Detainee Conditions of
Confinement
625 Drug Related Seizure

of Property 21 USC 881
690 Other
BANKRUPTCY
422 Appeal 28 USC 158
423 Withdrawal
28 USC 157
PROPERTY RIGHTS
820 Copyrights
830 Patent
840 Trademark
LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act
SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))
FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff
or Defendant)
871 IRSThird Party
26 USC 7609
IMMIGRATION
462 Naturalization Application
465 Other Immigration
Actions
OTHER STATUTES
375 False Claims Act
376 Qui Tam (31 USC
3729(a))
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes
V. ORIGIN (Place an X in One Box Only)

1 Original
Proceeding
2 Removed from
State Court
Remanded from
Appellate Court
4 Reinstated or
Reopened
5 Transferred from
Another District
(specify)
6 Multidistrict
Litigation
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
17 U.S.C. Sec. 101 et seq.
VI. CAUSE OF ACTION Brief description of cause:
Copyright Infringement
CHECK IF THIS IS A CLASS ACTION

VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE
CHECK YES only if demanded in complaint:

Yes
No
JURY DEMAND:
DEMAND $
DOCKET NUMBER
SIGNATURE OF ATTORNEY OF RECORD
s/Edward L. White
04/27/2016
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
Print
APPLYING IFP
Save As...
JUDGE
MAG. JUDGE
Reset
JS 44 Reverse (Rev. 11/15)
INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44

Authority For Civil Cover Sheet
The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as
required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is
required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of
Court for each civil complaint filed. The attorney filing a case should complete the form as follows:
I.(a)
(b)
(c)
Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use
only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and
then the official, giving both name and title.
County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the
time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land
condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.)
Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting
in this section "(see attachment)".
II.
Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X"
in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below.
United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here.
United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box.
Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment
to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes
precedence, and box 1 or 2 should be marked.
Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the
citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity
cases.)
III.
Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this
section for each principal party.
IV.
Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is
sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than
one nature of suit, select the most definitive.
V.
Origin. Place an "X" in one of the six boxes.

Original Proceedings. (1) Cases which originate in the United States district courts.
Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441.
When the petition for removal is granted, check this box.
Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing
date.
Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date.
Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or
multidistrict litigation transfers.
Multidistrict Litigation. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407.
When this box is checked, do not check (5) above.
VI.
Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional
statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service
VII.
Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P.
Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.
Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.
VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket
numbers and the corresponding judge names for such cases.
Date and Attorney Signature. Date and sign the civil cover sheet.

Shelby v. Nylus - Complaint

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Case 5:16-cv-00432-D Document 1 Filed 04/27/16 Page 1 of 24

UNITED STATES DISTRICT COURT

Case No. CIV-16-432-D

Case 5:16-cv-00432-D Document 1 Filed 04/27/16 Page 2 of 24

4. Defendant Plasticland is an assumed name for an unincorporated business

They claim not to have a

https://www.facebook.com/plasticland. Plasticland offers its products for sale locally and

Case 5:16-cv-00432-D Document 1 Filed 04/27/16 Page 3 of 24

Gallerie has produced works

Case 5:16-cv-00432-D Document 1 Filed 04/27/16 Page 4 of 24

Wonder offers its products for sale

Case 5:16-cv-00432-D Document 1 Filed 04/27/16 Page 5 of 24

Included within their merchandise is masks,

https://www.facebook.com/spirithalloween. Spencer offers its products for sale locally

Case 5:16-cv-00432-D Document 1 Filed 04/27/16 Page 6 of 24

Table 1. Additionally, Plaintiff has applied for copyright protection

The registration certificates or application paperwork for each work

Dia de los Muertos

Case 5:16-cv-00432-D Document 1 Filed 04/27/16 Page 7 of 24

VAu 1-208-188 Cat,

Mini Top-Hat Dia

Cat Skull Mask

Skull Pink Bridal

Lady Heart Mask

Lady of the Flowers

Case 5:16-cv-00432-D Document 1 Filed 04/27/16 Page 8 of 24

Dua de los Muertos

Dia de los Muertos

Pink Wedding Mask

Black Heart Spider

Male Mask with

Case 5:16-cv-00432-D Document 1 Filed 04/27/16 Page 9 of 24

Dia de los Muertos

Groom Heart Mask

Man's Skull Mask

Human Skull Mask

Case 5:16-cv-00432-D Document 1 Filed 04/27/16 Page 10 of 24

Bald Beast Mask

Muertos Crow Mask

Cat Jaguar Butterfly

Black and White Cat

Tearful Day of the

Bat Dia de los

Case 5:16-cv-00432-D Document 1 Filed 04/27/16 Page 11 of 24

VAu 1-193-343 Face

Male Ghoul Mask

Case 5:16-cv-00432-D Document 1 Filed 04/27/16 Page 12 of 24

Figure 1: Plasticland Infringing

mask is strikingly similar to the corresponding copyrighted work created by Plaintiff.

Case 5:16-cv-00432-D Document 1 Filed 04/27/16 Page 13 of 24

Figure 2: Socksmith Online Sale of

Figure 3: Socksmith Online Sale of

Case 5:16-cv-00432-D Document 1 Filed 04/27/16 Page 14 of 24

Defendants. Full page version of the mask

Plasticland purchased from Socksmith at

Figure 4: Plasticland Online Sale of

Case 5:16-cv-00432-D Document 1 Filed 04/27/16 Page 15 of 24

Figure 5: Plasticland Online Sale of infringing Black Socks

Figure 6: Plasticland Online Sale of

Case 5:16-cv-00432-D Document 1 Filed 04/27/16 Page 16 of 24

Figure 7: Forum Novelties Online Sale of

Figure 9: Forum Novelties Online

Figure 8: Forum Novelties Online

Figure 10: Forum Novelties Online