Case 2:20-cv-04512 Document 1 Filed 05/19/20 Page 1 of 11 Page ID #:1

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Scott Alan Burroughs (SBN 235718)
scott@donigerlawfirm.com
2 Justin M. Gomes (SBN 301793)
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jgomes@donigerlawfirm.com
DONIGER / BURROUGHS
4 603 Rose Avenue
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Venice, California 90291
Telephone: (310) 590-1820
6 Attorneys for Plaintiff
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UNITED STATES DISTRICT COURT
8 CENTRAL DISTRICT OF CALIFORNIA
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FIROOZ ZAHEDI, an individual, Case No.:
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11 Plaintiff, PLAINTIFF’S COMPLAINT FOR
COPYRIGHT INFRINGEMENT
12 v.
13 JURY TRIAL DEMANDED
MIRAMAX, LLC, a Delaware Limited
14 Liability Company; AMAZON.COM,
15 INC., a Delaware Corporation, URBAN
OUTFITTERS, INC., a Pennsylvania
16 Corporation; HOT TOPIC, INC., a
17 California Corporation; TORRID LLC, a
California Limited Liability Company;
18 and DOES 1-10, inclusive,
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Defendants.
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COMPLAINT
 Case 2:20-cv-04512 Document 1 Filed 05/19/20 Page 2 of 11 Page ID #:2

1 Plaintiff, Firooz Zahedi, by and through his undersigned attorneys, hereby

2 prays to this honorable Court for relief based on the following:
3 INTRODUCTION
4 Plaintiff Firooz Zahedi is an accomplished and critically acclaimed
5 photographer who has created an impressive catalog of compelling
6 photography spanning several decades, and whose works have been featured in
7 Vanity Fair, Town & Country, Time, New Yorker, and numerous other major
8 publications. Mr. Zahedi has had several books published featuring his
9 photographs, and many of his photographs are exhibited in museums around
10 the globe including in the Los Angeles County Museum of Art. One of Mr.
11 Zahedi’s most celebrated photographs depicts Uma Thurman in the role of Mia
12 Wallace for the film Pulp Fiction. Mr. Zahedi created this photograph, retained
13 ownership of the copyright in the photograph, and only provided Miramax a
14 limited license to use the photograph as part of a promotional poster for the
15 film at the time of its release, but notably did not provide any license for the
16 photograph to be exploited on consumer products. In the years since the film’s
17 release, Mr. Zahedi’s photograph has become iconic, and Miramax has sold
18 and licensed the sale of untold thousands of consumer products bearing the
19 photograph without any license from Mr. Zahedi in direct violation of his
20 intellectual property rights. Despite notice of the infringement addressed
21 herein, Miramax and its purported licensees have continued their infringements
22 for several months.
23 JURISDICTION AND VENUE
24 1. This action arises under the Copyright Act of 1976.
25 2. This Court has jurisdiction under 28 U.S.C. § 1331 and 1338 (a) and (b).
26 3. Venue is proper under 28 U.S.C. § 1391(c) and 1400(a) because a substantial
27 part of the acts and omissions giving rise to the claims occurred here.
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COMPLAINT
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1 PARTIES
2 4. Plaintiff is an individual residing in Los Angeles, California.
3 5. Plaintiff is informed and believes and thereon alleges that Defendant
4 Miramax, LLC (“MIRAMAX”) is a Delaware limited liability company with its
5 principal place of business located at 1901 Avenue of the Stars, 20th Floor, Los
6 Angeles, California 90067, and is doing business in this District.
7 6. Plaintiff is informed and believes and thereon alleges that Defendant
8 Amazon.com, Inc. (“AMAZON”) is a Delaware corporation with its principal place
9 of business located at 410 Terry Ave. North, Seattle, Washington 98109, and is doing
10 business in this District.
11 7. Plaintiff is informed and believes and thereon alleges that Defendant Urban
12 Outfitters, Inc. (“URBAN”) is a Pennsylvania corporation with its principal place of
13 business located at 5000 South Broad Street, Philadelphia, Pennsylvania 19112, and
14 is doing business in this District.
15 8. Plaintiff is informed and believes and thereon alleges that Defendant Hot
16 Topic, Inc. (“HOT TOPIC”) is a California corporation with its principal place of
17 business located at 18501 East San Jose Ave., City of Industry, California 91748, and
18 is doing business in this District.
19 9. Plaintiff is informed and believes and thereon alleges that Defendant Torrid
20 LLC (“TORRID”) is a California limited liability company with its principal place of
21 business located at 18501 East San Jose Ave., City of Industry, California 91748, and
22 is doing business in this District.
23 10. Defendants Does 1 through 10, inclusive, are other parties not yet identified
24 who have infringed Plaintiff’s copyrights, have contributed to the infringement of
25 Plaintiff’s copyrights, or have engaged in one or more of the wrongful practices
26 alleged herein. Their true names, whether corporate, individual or otherwise, are
27 presently unknown to Plaintiff, who therefore sues said Defendants by such fictitious
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COMPLAINT
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1 names, and will seek leave to amend this Complaint to show their true names and
2 capacities when same have been ascertained.
3 11. Plaintiff alleges on information and belief that at all times relevant hereto each
4 of the Defendants was the agent, affiliate, officer, director, manager, principal, alter-
5 ego, and/or employee of the remaining Defendants and was at all times acting within
6 the scope of such agency, affiliation, alter-ego relationship and/or employment; and
7 actively participated in or subsequently ratified and adopted, or both, each and all of
8 the acts or conduct alleged, with full knowledge of all the facts and circumstances,
9 including, but not limited to, full knowledge of each and every violation of Plaintiff’s
10 rights and the damages to Plaintiff proximately caused thereby.
11 12. Plaintiff created and exclusively owns the photography depicted in Exhibit A
12 attached hereto. This work will be called the “Subject Photography” herein.
13 13. Plaintiff has registered the Subject Photography with the Copyright Office.
14 14. Plaintiff alleges on information and belief that MIRAMAX entered into illegal
15 licenses and/or sublicenses for the Subject Photography with the other Defendants
16 and other entities not identified herein.
17 15. Defendants, and each of them, licensed, created, distributed, marketed and
18 sold product bearing the Subject Photography, and did so without seeking
19 authorization from Plaintiff. Said goods will be referred to as “Infringing Product”
20 herein.
21 16. Plaintiff did not consent to this use of the Subject Photography.
22 FIRST CLAIM FOR RELIEF
23 (For Copyright Infringement – Against all Defendants, and Each)
24 17. Plaintiff repeats, re-alleges, and incorporates herein by reference as though
25 fully set forth, the allegations contained in the preceding paragraphs.
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COMPLAINT
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1 18. Plaintiff alleges on information and belief that Defendants, and each of them,
2 accessed the Subject Photography through Plaintiff or one or more of the Defendants
3 or online.
4 19. Plaintiff alleges on information and belief that Defendants, and each of them,
5 accessed the Subject Photography and then exploited it without the authorization of
6 Plaintiff. Defendants, and each of them, exploited the Subject Photography by
7 incorporating same into various consumer goods (“Infringing Product”). Non-
8 inclusive exemplars of the Infringing Product are depicted in Exhibit B hereto. These
9 exemplars are not meant to encompass all Infringing Product; the claims made herein
10 are as to any product licensed, distributed and/or sold by Defendants, and/or each of
11 them, that incorporate without permission, in whole or in part, the Subject
12 Photography.
13 20. Due to Defendants’, and each of their, acts of infringement, Plaintiff has
14 suffered general and special damages in an amount to be established at trial.
15 21. Due to Defendants’ acts of copyright infringement as alleged herein,
16 Defendants, and each of them, have obtained direct and indirect profits they would
17 not otherwise have realized but for their infringement of Plaintiff’s rights in the
18 Subject Photography. As such, Plaintiff is entitled to disgorgement of Defendants’
19 profits directly and indirectly attributable to Defendants’ infringement of Plaintiff’s
20 rights in the Subject Photography in an amount to be established at trial.
21 22. Plaintiff alleges on information and belief that Defendants, and each of them,
22 have committed acts of copyright infringement, as alleged above, which were willful,
23 intentional and malicious, which further subjects Defendants, and each of them, to
24 liability for statutory damages under Section 504(c)(2) of the Copyright Act in the
25 sum of up to $150,000.00 per infringement and/or a preclusion from asserting certain
26 equitable and other defenses.
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COMPLAINT
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1 23. Plaintiff provided notice of the infringement alleged herein to MIRAMAX at

2 least as early as August 2019, but Defendants’ infringement has continued to at least
3 April 28, 2020.
4 SECOND CLAIM FOR RELIEF
5 (For Vicarious and/or Contributory Copyright Infringement – Against all Defendants,
6 and Each)
7 24. Plaintiff repeats, re-alleges, and incorporates herein by reference as though
8 fully set forth, the allegations contained in the preceding paragraphs.
9 25. Plaintiff alleges on information and belief that Defendants knowingly induced,
10 participated in, aided and abetted in and profited from the illegal reproduction and
11 distribution of the Subject Photography as alleged hereinabove. Specifically, the
12 retailer Defendants transacted with the wholesaler Defendant(s), and the wholesaler
13 Defendant(s) transacted with suppliers, in a concerted effort to create, distribute, and
14 sell the Infringing Product. And, Defendants, and each of them, realized profits
15 through their respective obtainment, sales and distribution of the Infringing Product.
16 26. Plaintiff alleges on information and belief that Defendants, and each of them,
17 are vicariously liable for the infringement alleged herein because they had the right
18 and ability to supervise the infringing conduct and because they had a direct financial
19 interest in the infringing conduct. Specifically, Defendants, and each of them,
20 received revenue in connection with the Infringing Product, and were able to
21 supervise the manufacture, distribution, marketing, and sale of said product.
22 27. By reason of the Defendants’, and each of their, acts of contributory and
23 vicarious infringement as alleged above, Plaintiff has suffered general and special
24 damages in an amount to be established at trial.
25 28. Due to Defendants’ acts of copyright infringement as alleged herein,
26 Defendants, and each of them, have obtained direct and indirect profits they would
27 not otherwise have realized but for their infringement of Plaintiff’s rights in the
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COMPLAINT
 Case 2:20-cv-04512 Document 1 Filed 05/19/20 Page 7 of 11 Page ID #:7

1 Subject Photography. As such, Plaintiff is entitled to disgorgement of Defendants’

2 profits directly and indirectly attributable to Defendants’ infringement of their rights
3 in the Subject Photography, in an amount to be established at trial.
4 29. Plaintiff alleges on information and belief that Defendants, and each of them,
5 have committed acts of copyright infringement, as alleged above, which were willful,
6 intentional and malicious, which further subjects Defendants, and each of them, to
7 liability for statutory damages under Section 504(c)(2) of the Copyright Act in the
8 sum of up to $150,000.00 per infringement and/or a preclusion from asserting certain
9 equitable and other defenses.
10 PRAYER FOR RELIEF
11 Wherefore, Plaintiff prays for judgment as follows:
12 Against all Defendants, and Each, with Respect to Each Claim for Relief:
13 a. That Defendants, and each of them, as well as their employees, agents, or
14 anyone acting in concert with them, be enjoined from infringing Plaintiff’s copyrights
15 in the Subject Photography, including without limitation an order requiring
16 Defendants, and each of them, to remove any content incorporating, in whole or in
17 part, the Subject Photography from any print, web, or other publication owned,
18 operated, or controlled by any Defendant.
19 b. That Plaintiff be awarded all profits of Defendants, and each of them, plus all
20 losses of Plaintiff, plus any other monetary advantage gained by the Defendants, and
21 each of them, through their infringement, the exact sum to be proven at the time of
22 trial, and, to the extent available, statutory damages as available under the 17 U.S.C.
23 § 504 and other applicable law.
24 c. That a constructive trust be entered over any revenues or other proceeds
25 realized by Defendants, and each of them, through their infringement of Plaintiff’s
26 intellectual property rights;
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COMPLAINT
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1 d. That Plaintiff be awarded his attorneys’ fees as available under the

2 Copyright Act U.S.C. § 505;
3 d. That Plaintiff be awarded his costs and fees;
4 e. That Plaintiff be awarded statutory and enhanced damages;
5 f. That Plaintiff be awarded pre-judgment interest as allowed by law; and
6 h. That Plaintiff be awarded further legal and equitable relief as deemed
7 proper.
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10 Plaintiff demands a jury trial on all issues so triable pursuant to Fed. R.
11 Civ. P. 38 and the 7th Amendment to the United States Constitution.
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Respectfully submitted,

14 Dated: May 19, 2020 By: /s/ Scott Alan Burroughs

15
Scott Alan Burroughs, Esq.
Justin M. Gomes
16 DONIGER / BURROUGHS
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For the Plaintiff

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COMPLAINT
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EXHIBIT A

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22 Registration No.: VA0002195675
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COMPLAINT
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EXHIBIT B

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URBAN SKU No. 45152097 / AMAZON ASIN B015MJQ2BG
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MIRAMAX Mia Wallace T-Shirt
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26 HOT TOPIC Item No. 12691025
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COMPLAINT
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TORRID Item No. 12586167
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MIRAMAX Pulp Fiction Theatrical Poster
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COMPLAINT