Gattoni V Microsoft Corp

Case 1:20-cv-03909 Document 1 Filed 05/19/20 Page 1 of 5

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
MATILDE GATTONI,

Plaintiff, Docket No. 1:20-cv-3909
- against - JURY TRIAL DEMANDED
MICROSOFT CORPORATION
Defendant.
COMPLAINT
Plaintiff Matilde Gattoni (“Gattoni” or “Plaintiff”) by and through her undersigned
counsel, as and for her Complaint against Defendant Microsoft Corporation (“Microsoft” or
“Defendant”) hereby alleges as follows:
NATURE OF THE ACTION
1. This is an action for copyright infringement under Section 501 of the Copyright
Act. This action arises out of Defendant’s unauthorized reproduction and public display of a
copyrighted photographs of women leading China’s wine revolution, owned and registered by
Gattoni, a professional photographer. Accordingly, Gattoni seeks monetary relief under the
Copyright Act of the United States, as amended, 17 U.S.C. § 101 et seq.
JURISDICTION AND VENUE
2. This claim arises under the Copyright Act, 17 U.S.C. § 101 et seq., and this Court
has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a).
3. Upon information and belief, this Court has personal jurisdiction over Defendant
because Defendant resides and/or transacts business in New York and is registered with the New
York State Department of State Division of Corporations.
4. Venue is proper in this District pursuant to 28 U.S.C. § 1391(b).
PARTIES
5. Gattoni is a professional photographer in the business of licensing her
photographs to online and print media for a fee having a usual place of business at Via Sandra
Botticelli, 22, 20133, Milan Italy.
6. Upon information and belief, Microsoft is a foreign business corporation duly
organized and existing under the laws of the State of Delaware, with a place of business at 11
Times Square, New York, New York 10036. Upon information and belief, Microsoft is
registered with the New York State Department of Corporations to do business in New York. At
all times material hereto, Microsoft has owned and operated a website at the URL:
www.MSN.com (the “Website”).
STATEMENT OF FACTS
A. Background and Plaintiff’s Ownership of the Photographs
7. Gattoni photographed women leading China’s wine revolution (the
“Photographs”). A true and correct copy of the Photographs is attached hereto as Exhibit A.
8. Gattoni is the author of the Photographs and has at all times been the sole owner
of all right, title and interest in and to the Photographs, including the copyright thereto.
9. The Photographs were registered with United States Copyright Office and were
given Copyright Registration Number VA 2-134-533.
B. Defendant’s Infringing Activities

10. Microsoft ran an article on the Website entitled These are the women leading
China’s wine revolution. See: https://www.msn.com/en-ca/news/world/these-are-the-women-
leading-chinas-wine-revolution/ar-BBZiauE#image=BBZiauE_1|3. The article featured the
Photographs. Screenshots of the Photographs on the Website are attached hereto as Exhibit B.
11. Microsoft did not license the Photographs from Plaintiff for its article, nor did
Microsoft have Plaintiff’s permission or consent to publish the Photographs on its Website.
CLAIM FOR RELIEF

(COPYRIGHT INFRINGEMENT AGAINST DEFENDANT)
(17 U.S.C. §§ 106, 501)
12. Plaintiff incorporates by reference each and every allegation contained in
Paragraphs 1-11 above.
13. Microsoft infringed Plaintiff’s copyright in the Photographs by reproducing and
publicly displaying the Photographs on the Website. Microsoft is not, and has never been,
licensed or otherwise authorized to reproduce, publically display, distribute and/or use the
Photographs.
14. The acts of Defendant complained of herein constitute infringement of Plaintiff’s
copyright and exclusive rights under copyright in violation of Sections 106 and 501 of the
Copyright Act, 17 U.S.C. §§ 106 and 501.
15. Upon information and belief, the foregoing acts of infringement by Microsoft
have been willful, intentional, and purposeful, in disregard of and indifference to Plaintiff’s
rights.
16. As a direct and proximate cause of the infringement by the Defendant of
Plaintiff’s copyright and exclusive rights under copyright, Plaintiff is entitled to damages and
Defendant’s profits pursuant to 17 U.S.C. § 504(b) for the infringement.

17. Alternatively, Plaintiff is entitled to statutory damages up to $150,000 per work
infringed for Defendant’s willful infringement of the Photographs, pursuant to 17 U.S.C.
§ 504(c).
18. Plaintiff further is entitled to her attorney’s fees and full costs pursuant to
17 U.S.C. § 505
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully requests judgment as follows:
1. That Defendant Microsoft be adjudged to have infringed upon Plaintiff’s
copyrights in the Photographs in violation of 17 U.S.C §§ 106 and 501;
2. That Plaintiff be awarded either: a) Plaintiff’s actual damages and Defendant’s
profits, gains or advantages of any kind attributable to Defendant’s infringement
of Plaintiff’s Photographs; or b) alternatively, statutory damages of up to
$150,000 per copyrighted work infringed pursuant to 17 U.S.C. § 504;
3. That Defendant be required to account for all profits, income, receipts, or other
benefits derived by Defendant as a result of its unlawful conduct;
4. That Plaintiff be awarded her costs, expenses and attorneys’ fees pursuant to 17
U.S.C. § 505;
5. That Plaintiff be awarded pre-judgment interest; and
6. Such other and further relief as the Court may deem just and proper.
DEMAND FOR JURY TRIAL
Plaintiff hereby demands a trial by jury on all issues so triable in accordance with Federal
Rule of Civil Procedure 38(b).
Dated: Valley Stream, New York

May 19, 2020

LIEBOWITZ LAW FIRM, PLLC
By: /s/Richard Liebowitz
Richard P. Liebowitz
11 Sunrise Plaza, Suite 305
Valley Stream, NY 11580
Tel: (516) 233-1660
[email protected]
Attorneys for Plaintiff Matilde Gattoni

Gattoni V Microsoft Corp

Uploaded by

Copyright:

Available Formats

Gattoni V Microsoft Corp

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Gattoni V Microsoft Corp

Uploaded by

Copyright:

Available Formats

Case 1:20-cv-03909 Document 1 Filed 05/19/20 Page 1 of 5

UNITED STATES DISTRICT COURT

Plaintiff, Docket No. 1:20-cv-3909

- against - JURY TRIAL DEMANDED

Plaintiff Matilde Gattoni (“Gattoni” or “Plaintiff”) by and through her undersigned

“Defendant”) hereby alleges as follows:

NATURE OF THE ACTION

Copyright Act of the United States, as amended, 17 U.S.C. § 101 et seq.

JURISDICTION AND VENUE

York State Department of State Division of Corporations.

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

5. Gattoni is a professional photographer in the business of licensing her

Botticelli, 22, 20133, Milan Italy.

6. Upon information and belief, Microsoft is a foreign business corporation duly

www.MSN.com (the “Website”).

A. Background and Plaintiff’s Ownership of the Photographs

7. Gattoni photographed women leading China’s wine revolution (the

given Copyright Registration Number VA 2-134-533.

B. Defendant’s Infringing Activities

China’s wine revolution. See: https://www.msn.com/en-ca/news/world/these-are-the-women-

leading-chinas-wine-revolution/ar-BBZiauE#image=BBZiauE_1|3. The article featured the

CLAIM FOR RELIEF

12. Plaintiff incorporates by reference each and every allegation contained in

Paragraphs 1-11 above.

13. Microsoft infringed Plaintiff’s copyright in the Photographs by reproducing and

14. The acts of Defendant complained of herein constitute infringement of Plaintiff’s

Copyright Act, 17 U.S.C. §§ 106 and 501.

16. As a direct and proximate cause of the infringement by the Defendant of

Defendant’s profits pursuant to 17 U.S.C. § 504(b) for the infringement.

17. Alternatively, Plaintiff is entitled to statutory damages up to $150,000 per work

infringed for Defendant’s willful infringement of the Photographs, pursuant to 17 U.S.C.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment as follows:

1. That Defendant Microsoft be adjudged to have infringed upon Plaintiff’s

copyrights in the Photographs in violation of 17 U.S.C §§ 106 and 501;

2. That Plaintiff be awarded either: a) Plaintiff’s actual damages and Defendant’s

profits, gains or advantages of any kind attributable to Defendant’s infringement

of Plaintiff’s Photographs; or b) alternatively, statutory damages of up to

$150,000 per copyrighted work infringed pursuant to 17 U.S.C. § 504;

benefits derived by Defendant as a result of its unlawful conduct;

5. That Plaintiff be awarded pre-judgment interest; and

DEMAND FOR JURY TRIAL

Rule of Civil Procedure 38(b).

Dated: Valley Stream, New York

May 19, 2020

Attorneys for Plaintiff Matilde Gattoni

You might also like