Wallert v. Atlan - Starlight Copyright Infringement Second Amended Complaint PDF

Dennis H.
Cavanaugh (DC 3146)

D H CAVANAUGH ASSOCIATES
555 Fifth Avenue, 17
th
Floor
New York, New York 10017
Telephone: (212) 856-7210
Facsimile: (212) 856-7211

Nadine Y. From (NF 8848)
FROM LAW, PLLC
175 Varick Street
Telephone: (212) 655-5492
Facsimile: (646) 213-3111

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------X
Charles Wallert,
Civil Action No.:
Plaintiff,
14 CV 4099 (PAE) (JCF)
v.

Guillaume J ean Atlan; Sidney Dov
Prosper Benichou p/k/a Mani Hoffman;
LaFesse Records; Independiente Ltd;
Cyclo Records; Universal Music
Publishing MGB France; Universal
Music MGB Songs; Universal Music
Group, Inc.; BMG Music Publishing France;
Cyclo Music; Serhat Bedk p/k/a Bedk;
Audiology Records; Columbia Records;
Seyhan Mzik; Does 1-50; and
XYZ Corporations 1-50,

Defendants,
---------------------------------------------------------------X

SECOND AMENDED COMPLAINT

Plaintiff Charles Wallert (hereinafter referred to as Plaintiff or Wallert), by his
attorneys, Dennis H. Cavanaugh and Nadine Y. From, as and for his second amended complaint,
alleges as follows:
Case 1:14-cv-04099-PAE Document 26 Filed 10/17/14 Page 1 of 21

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NATURE OF THE ACTION
1. In this action, Plaintiff seeks injunctive relief and damages for acts of copyright
infringement and unfair competition engaged in by Defendants under the laws of the United
States and the State of New York.
JURISDICTION AND VENUE
2. This action arises under the Copyright Act of 1976, 17 U.S.C. Sec. 101 et seq.
(the Copyright Act), and the common law of the State of New York. This Court has
jurisdiction pursuant to 28 U.S.C. Secs. 1331, 1332 and 1338, 17 U.S.C. Sec. 101 et seq., and the
law of supplemental jurisdiction.
3. The venue of this action is properly laid in the Southern District of New York
pursuant to 28 U.S.C. Secs. 1391(b) and (c), 1392 and 1400(a). Upon information and belief,
each of the Defendants has been transacting and continues to transact business in this the State of
New York and elsewhere in interstate commerce, or transacts business that affects such
commerce, and has been committing and continues to commit the acts complained of herein in
the State of New York and elsewhere in interstate commerce, and regularly has been and now
does business and solicits business and derives substantial revenue from the sale and licensing of
creative properties and other products and services sold, used or consumed in the State of New
York, including the musical composition complained of herein, and elsewhere in interstate
commerce. The Defendants expected or should have reasonably expected their acts, including
the acts set forth above and complained of herein, to have consequences in the State of New
York.
4. The amount in controversy exceeds, exclusive of interest and costs, the sum of
$75,000.00.

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THE PARTIES
5. Plaintiff is an individual having a residence and his principal place of business in
Glen Cove, New York.
6. Plaintiff is informed and believes and thereupon alleges that at all times relevant
hereto:
a. Defendant Guillaume J ean Atlan (Atlan) is a resident of France and is
either doing business in or is engaged in the transaction of business within this judicial
district.
b. Defendant Sidney Dov Prosper Benichou p/k/a Mani Hoffman
(Hoffman) is a resident of France and is either doing business in or is engaged in the
transaction of business within this judicial district.
c. Defendant Lafesse Records (Lafesse), is an entity of unknown nature
with its principal place of business at 68, rue Brossolette, 92700 Colombes, France. On
information and belief, Lafesse is either doing business in or is engaged in the transaction
of business within this judicial district.
d. Defendant Independiente Ltd (Independiente), is a corporation organized
and existing under the laws of the United Kingdom with its principal place of business at
The Drill Hall, 3 Heathfield Terrace, London W4 4J E, United Kingdom. On information
and belief, Independiente is either doing business in or is engaged in the transaction of
business within this judicial district.
e. Defendant Cyclo Records (Cyclo) is an entity of unknown nature with
its principal place of business at 17 Cecile Park, London N8 9AX, United Kingdom. On
information and belief, Cyclo is either doing business in or is engaged in the transaction

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of business within this judicial district.
f. Defendant Universal Music Publishing MGB France (Universal MGB
France) is an unincorporated division of Universal Music MGB NA LLC, with its
principal place of business at % Universal Music MGB Songs, 2100 Colorado Avenue,
Santa Monica, California 90404. On information and belief, Universal MGB France is
district.
g. Defendant Universal Music MGB Songs (MGB Songs) is an
unincorporated division of Universal Music MGB NA LLC, with its principal place of
business at 2100 Colorado Avenue, Santa Monica, California 90404. On information and
belief, MGB Songs is either doing business in or is engaged in the transaction of business
within this judicial district.
h. Universal Music MGB NA LLC, originally sued herein as Universal
Music Group, Inc. (UMG) is a Delaware corporation with its principal place of
business at 2100 Colorado Avenue, Santa Monica, California 90404. On information and
belief, UMG is either doing business in or is engaged in the transaction of business within
this judicial district.
i. Defendant BMG Music Publishing France (BMG) is an entity of
unknown nature with its principal place of business at 4/6 place de la Bourse, 75002
Paris. On information and belief, BMG is either doing business in or is engaged in the
j. Defendant Cyclo Music (Cyclo Music) is an entity of unknown nature
with its principal place of business at 17 Cecile Park, London N8 9AX, United Kingdom.

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On information and belief, Cyclo is either doing business in or is engaged in the
k. Defendant Serhat Bedk p/k/a Bedk (Bedk) is a resident of Turkey
and is either doing business in or is engaged in the transaction of business within this
judicial district.
l. Defendant Audiology Records (Audiology) is an entity of unknown
nature with its principal place of business at Merkez,
34295 Istanbul, Turkey, Kkekmece, Tevfik Bey. On information and belief,
Audiology Records is either doing business in or is engaged in the transaction of business
within this judicial district.
m. Defendant Columbia Records (Columbia), is an unincorporated division
of Sony Music Entertainment, Inc., a corporation organized and existing under the laws of
Delaware with its principal place of business at 550 Madison Avenue, New York, New
York 10022. On information and belief, Sony is either doing business in or is engaged in
the transaction of business within this judicial district.
n. Defendant Seyhan Mzik (Seyhan) is an entity of unknown nature with
its principal place of business in Istanbul, Turkey. On information and belief, Seyhan is
district.
o. Upon information and belief, Defendants Does 1-50 are either residents of,
doing business in or transacting doing business within this judicial district. The identities
of the various Does are not presently known and cannot be presently known. This
complaint will be amended to include the names of said individuals if they permit

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themselves to be identified.
p. Upon information and belief, Defendants XYZ Corporations 1-50 are
either doing business in or are engaged in the transaction of business within this judicial
district. The identities of XYZ Corporations 1-50 are not presently known and cannot be
presently known. This complaint will be amended to include the name of the actual
company(ies) if the company(ies) permit identification.
Defendants Atlan, Hoffman, Lafesse, Independiente, Cyclo, BMG, Cyclo Music, Universal MGB
France, MGB and UMG are hereinafter referred to collectively as the Hoffman Defendants.
Defendants Bedk, Audiology, Columbia and Seyhan are hereinafter referred to collectively as
the Bedk Defendants. The Hoffman Defendants, the Bedk Defendants, Does 1-50 and XYZ
Corporations 1-50 are hereinafter referred to collectively as Defendants.
7. Plaintiff Wallert is a well-known, award-winning, music producer and composer.
He has produced and/or composed songs for major recording artists such as O.C. Smith, Dionne
Warwick, George Benson, Cuba Gooding and the Main Ingredient and Chuck J ackson. As a
songwriter, Plaintiff has done business as Moonstruck Sounds, Ltd. in connection with the music
publishing of the musical compositions written by him. Wallert is the sole owner of and
successor in interest to all rights of Moonstruck Sounds, Ltd.
8. In 1978, Wallert co-wrote, together with Michael Foreman and Al Gee, a musical
composition entitled The Rock (the Plaintiffs Song). Plaintiffs Song was co-published by
Moonstruck and Mich-Den Music, a publishing company of Michael Foreman or Al Gee.
9. In 1978, Wallert produced and financed a master sound recording of Plaintiffs
Song (the The Rock Record), performed by singers and musicians engaged by Wallert and
designated on The Rock Record by the group name East Coast. The name East Coast was a

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group name coined by Wallert for this sound recording. The Rock Record was initially released
in 1978 by Family Music Productions, Inc. d/b/a Family Records (Family Records), a New
York corporation solely owned by Wallert. Family Records ceased to do business in
approximately 1980. Wallert is the sole owner of and successor in interest to all rights of Family
Records. The Rock Record was subsequently released and distributed by RSO Records, Inc.
(RSO) pursuant to a distribution agreement.
10. The music, lyrics and/or other creative elements of Plaintiffs Song are wholly
original with Plaintiff and constitute copyrightable subject matter under the Copyright Act.
11. Plaintiffs Song is the subject of an existing copyright registration, Registration
No. PA37208, a copy of the online abstract of which is attached hereto and identified as Exhibit
A and is incorporated herein by reference (the Copyright). The Copyright has been duly
registered in the Copyright Office and all applicable recordation and registration formalities and
notice requirements under The Copyright Act have been fully complied with.
12. The Copyright was originally registered in the names of Moonstruck and Mich-
Den Music. Plaintiff is the successor in interest to Moonstruck and thus has standing to assert
any and all claims on behalf of Moonstruck with respect to Plaintiffs Song. Plaintiff, as the
successor in interest to Moonstruck, is also a joint owner of the Copyright and thus has standing
to bring this action with respect to the Defendants unauthorized use of the Plaintiffs Song.
13. On or about 1978, Plaintiffs Song was registered with Broadcast Music Inc.
(BMI), the music writer and publisher performing rights society. At all times complained of
herein, information regarding the registration of Plaintiffs Song and the publishers or other
parties responsible for the licensing of Plaintiffs Song was available from BMI.
14. On or about J une 29, 1979, Family Records entered into a written distribution

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agreement with RSO for the distribution of The Rock Record (the RSO Agreement). Pursuant
to the RSO Agreement, RSO acquired all rights in The Rock Record, including the worldwide
distribution rights to The Rock Record. Upon information and belief, RSO ceased to exist in
1983 and Polydor Records is currently the successor in interest to the RSO Agreement.
15. On or about September 19, 1979, RSO filed for and obtained a registration of
Plaintiffs Record as a published sound recording, Registration No. SR12223.
16. Upon information and belief, to date, no license authorizing any a sample of any
portion of The Rock Record has been granted to any of the Defendants herein by Plaintiff, RSO,
Polydor Records, or any of successor in interest to the RSO Agreement or any rights in The Rock
Record.
FIRST CLAIM FOR RELIEF
(Copyright Infringement against the Hoffman Defendants)

17. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
through 16 of the complaint as if fully set forth herein.
18. This claim arises under the Copyright Act of 1976.
19. Upon information and belief, on or about 2000, Defendants Atlan, LaFesse and
Hoffman, and possibly others, created a musical composition entitled Starlight, which
composition incorporates unauthorized copies or copyrighted elements of Plaintiffs Song,
thereby infringing same (the Infringing Starlight Song). Upon further information and belief,
on or about March 2002, Lafesse, in association with Independiente, Cyclo, Disques Vogue (an
unincorporated division or non-U.S. subsidiary of Sony Music Entertainment, Inc.), Sony Music
Entertainment, Inc. and BMG France (an unincorporated division or non-U.S. subsidiary of Sony
Music Entertainment, Inc.), recorded, manufactured and distributed a sound recording of the
Infringing Starlight Song by a group known as The Superman Lovers featuring Mani Hoffman

9
(the Infringing Hoffman Record), which recording incorporates both the Infringing Starlight
Song and unauthorized copies or copyrighted elements of The Rock Record, thereby infringing
both Plaintiffs Song and The Rock Record. Upon further information and belief, the artists
performing on the Infringing Hoffman Record are Defendants Atlan and Hoffman. Starlight
was produced by Atlan.
20. Upon information and belief, at the time of the composition of the Infringing
Starlight Record, and the production and distribution of the Infringing Hoffman Record,
information regarding the ownership and copyright status of Plaintiffs Song and The Rock
Record was publically available on the Internet. Accordingly, the Hoffman Defendants either
knew or should have known that Plaintiffs Song and The Rock Record were both subject to
copyright protection, and that, accordingly, a license was required for use of any copyright
protected elements of either, including separate licenses for both the Plaintiffs Song and The
Rock Record.
21. Upon information and belief, the Hoffman Defendants knowingly and willfully
directly copied and/or incorporated copyrighted elements of Plaintiffs Song in the Infringing
Starlight Song. Upon further information and belief, the Hoffman Defendants knowingly and
willfully directly copied from and/or sampled copyrighted elements of The Rock Record in their
production of the Infringing Hoffman Record.
22. Upon information and belief, the Hoffman Defendants have sold and/or
distributed copies of the Infringing Hoffman Record in various media throughout the world,
including but not limited to CDs, cassettes, DVDs, videocassettes, videos, digital downloads and
ringtones. Upon further information and belief, the Hoffman Defendants have licensed the
Infringing Hoffman Record for further recording and various means of public performance,

10
broadcast and webcast, including but not limited to live performances, videos, radio, television
and the Internet, including through one or more agents, including but not limited to BMI,
ASCAP and The Harry Fox Agency, Inc.
23. Plaintiff is informed and believes and on that basis alleges that the Hoffman
Defendants have infringed and threaten to further infringe upon Plaintiffs Song and The Rock
Record by being the source of the Infringing Hoffman Record and aiding and abetting others in
the manufacturing, distributing, offering for sale and/or selling copies of, licensing, and/or
otherwise commercially exploiting the Infringing Hoffman Record, and contributing to the
infringement of Plaintiffs Song and The Rock Record by others, in the Southern District of New
York and elsewhere, all without the consent or authorization of either Plaintiff or anyone
authorized to act on his behalf, or Polydor, any successor in interest to the RSO Agreement or
anyone authorized to act on behalf of same.
24. The marketing and sale of copies of the Infringing Hoffman Record by the
Hoffman Defendants and others with their aid and assistance, and/or as a direct result of their
direct and contributory actions, constitutes an unauthorized distribution of copies of Plaintiffs
copyrighted work; and the public performance of the infringing musical composition embodied
in the Infringing Hoffman Record by the Hoffman Defendants constitutes unauthorized public
performance of Plaintiffs copyrighted work, all in violation of Plaintiffs rights under the
Copyright Act.
25. Upon information and belief, at the time of the composition of the Infringing
Starlight Song, and the production and distribution of the Infringing Hoffman Record, and
through the present, BMG, Cyclo Music, Universal MGB France, MGB and UMG acted as
publishers for the musical composition Starlight and as a result thereof, have obtained gains,

11
profits, and advantages as a result of their direct, contributory and/or vicarious copyright right
infringement of Plaintiffs Song and The Rock Record. Defendants BMG and Cyclo Music are
listed as copyright claimants in the registration of the Infringing Starlight Song at the U.S.
Copyright Office, Copyright Registration No. PA0001072690.
Defendants infringement of Plaintiffs copyrighted work has been and continues to be carried
out with the Hoffman Defendants full knowledge that the Plaintiffs Song and The Rock Record
are protected by copyright and that at all relevant times the Hoffman Defendants had actual and
constructive knowledge of Plaintiffs rights (and those of others in The Rock Record) but
proceeded in complete disregard thereof. In doing the acts complained of herein, the Hoffman
Defendants have willfully and intentionally infringed Plaintiffs copyright in Plaintiffs Song and
the copyright in The Rock Record.
27. Plaintiff has suffered and continues to suffer irreparable harm and injury as a
result of the aforesaid infringing acts of Defendants and Plaintiff is without an adequate remedy
at law, in that damages are extremely difficult to ascertain and, unless injunctive relief is granted
as prayed for herein, Plaintiff will be required to pursue a multiplicity of actions.
28. Plaintiff has sustained damages as a result of the Hoffman Defendants wrongful
acts as hereinabove alleged. Plaintiff is presently unable to ascertain the full extent of the money
damages it has suffered by reason of said acts of copyright infringement, but upon information
and belief such damages exceed $1,000,000 as to each work infringed as to each of the Hoffman
Defendants.
Defendants have obtained gains, profits, and advantages as a result of their infringing acts as

12
hereinabove alleged. Plaintiff is presently unable to ascertain the full extent of the gains, profits,
and advantages the Hoffman Defendants have obtained by reason of their aforesaid acts of
copyright infringement, but upon information and belief such gains, profits, and advantages
exceed $1,000,000 as to each work infringed as to each of the Hoffman Defendants.
SECOND CLAIM FOR RELIEF
(Copyright Infringement against the Bedk Defendants)

30. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1
31. This claim arises under the Copyright Act of 1976.
32. Upon further information and belief, on or about 2008, Defendant Bedk, and
possibly others, created a musical composition entitled Hot Bitch, which composition
incorporates unauthorized copies or copyrighted elements of Plaintiffs Song, thereby infringing
same (the Infringing Bedk Song). Upon further information and belief, on or about 2008,
Audiology, in association with Columbia, recorded, manufactured and distributed a sound
recording by Bedk (the Infringing Bedk Record), which recording incorporates both the
Infringing Bedk Song and unauthorized copies or copyrighted elements of The Rock Record,
thereby infringing both Plaintiffs Song and The Rock Record. The Infringing Bedk Record is
contained on the album entitled Dance Revolution released by Audiology and/or Columbia.
33. Upon information and belief, the Bedk Defendants knowingly and willfully
directly copied and/or sampled copyrighted elements of Plaintiffs Song and/or The Rock Record
in creating the Infringing Bedk Song and/or the Infringing Bedk Record.
34. Upon information and belief, the Bedk Defendants have sold and/or distributed
copies of the Infringing Bedk Record in various media throughout the world, including but not
limited to CDs, cassettes, DVDs, videocassettes, videos, digital downloads and ringtones. Upon

13
further information and belief, the Bedk Defendants have licensed the Infringing Bedk Record
for further recording and various means of public performance, broadcast and webcast, including
but not limited to live performances, videos, radio, television and the Internet, including through
one or more agents, including but not limited to BMI, ASCAP and The Harry Fox Agency, Inc.
35. Plaintiff is informed and believes and on that basis alleges that the Bedk
Defendants have infringed and threaten to further infringe upon Plaintiffs Song by being the
source of the Infringing Bedk Record and aiding and abetting others in the manufacturing,
distributing, offering for sale and/or selling copies of, licensing, and/or otherwise commercially
exploiting the Infringing Bedk Record, and contributing to the infringement of Plaintiffs Song
by others, in the Southern District of New York and elsewhere, all without the consent or
authorization of Plaintiff or anyone authorized to act on his behalf.
36. The marketing and sale of copies of the Infringing Bedk Record by the Bedk
Defendants and others with their aid and assistance, and/or as a direct result of their direct and
contributory actions, constitutes an unauthorized distribution of copies of Plaintiffs copyrighted
work; and the public performance of the infringing musical composition embodied in the
Infringing Bedk Record by the Bedk Defendants constitutes unauthorized public performance
of Plaintiffs copyrighted work, all in violation of Plaintiffs rights under the Copyright Act.
37. Upon information and belief, at the time of the composition, production and
distribution of the Infringing Bedk Record, Seyhan acted as publisher for the Infringing Bedk
Song and as a result thereof, has obtained gains, profits, and advantages as a result of its direct,
contributory and/or vicarious copyright right infringement of Plaintiffs Song.
Defendants infringement of Plaintiffs copyrighted work has been and continues to be carried

14
out with the Bedk Defendants full knowledge that the Plaintiffs Song is protected by copyright
and that at all relevant times the Bedk Defendants had actual and constructive knowledge of
Plaintiffs rights but proceeded in complete disregard thereof. In doing the acts complained of
herein, the Bedk Defendants have willfully and intentionally infringed Plaintiffs copyright.
39. Plaintiff has suffered and continues to suffer irreparable harm and injury as a
result of the aforesaid infringing acts of the Bedk Defendants and Plaintiff is without an
adequate remedy at law, in that damages are extremely difficult to ascertain and, unless
injunctive relief is granted as prayed for herein, Plaintiff will be required to pursue a multiplicity
of actions.
40. Plaintiff has sustained damages as a result of the Bedk Defendants wrongful
acts as hereinabove alleged. Plaintiff is presently unable to ascertain the full extent of the money
damages it has suffered by reason of said acts of copyright infringement, but upon information
and belief such damages exceed $1,000,000 as to each work infringed as to each of the Bedk
Defendants.
Defendants have obtained gains, profits, and advantages as a result of their infringing acts as
hereinabove alleged. Plaintiff is presently unable to ascertain the full extent of the gains, profits,
and advantages the Bedk Defendants have obtained by reason of their aforesaid acts of
copyright infringement, but upon information and belief such gains, profits, and advantages
exceed $1,000,000 as to each work infringed as to each of the Bedk Defendants.
THIRD CLAIM FOR RELIEF
(Unjust Enrichment against all Defendants)

42. Plaintiffs repeat and reallege each and every allegation contained in paragraphs 1

15
43. As a result of their infringing activities complained of herein, including the
furtherance of the respective careers of Atlan, Hoffman and Bedk, and their respective statures
in the entertainment business as a direct consequence thereof, Defendants have been unjustly
enriched to the damage of Plaintiff.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff demands judgment against Defendants, and each of them, jointly
and severally, as follows:
1. Permanently enjoining and restraining Defendants, their respective officers,
agents, servants, employees and attorneys, and predecessors and successors, by whatever name,
and all those in active concert or participation with them from:
(a) Further violating any of the exclusive rights of Plaintiff in the copyrighted
song The Rock, including the importation, reproduction, preparation, sale or
distribution of any and all copies of the Infringing Hoffman Record and/or the Infringing
Bedk Record;
(b) Further infringing upon Plaintiffs rights under the Copyright Act by
importing, manufacturing, producing, distributing, circulating, selling, marketing,
offering for sale, advertising, promoting, displaying or otherwise disposing of any
products not authorized by Plaintiff, incorporating any simulation, reproduction,
counterfeit, copy or colorable imitation of Plaintiffs copyrighted works or any of their
creative elements;
(c) Licensing or otherwise authorizing the public performance of any
recording of the Infringing Hoffman Record and/or the Infringing Bedk Record in all
media, including, but not limited to, radio, television (broadcast and cable), the Internet

16
and motion pictures, and publicly performing the musical compositions embodied in the
Infringing Hoffman Record and/or the Infringing Bedk Record;
(d) Using any simulation, reproduction, counterfeit, copy or colorable
imitation of Plaintiffs copyrighted works in such fashion as to relate or connect, or tend
to relate or connect such copies in any way to Plaintiff;
(e) Making any statement or representation whatsoever, or using any false
designation of origin or false description, or performing any act, which can or is likely to
lead the trade or public, or individual members thereof, to believe that any products or
services manufactured, distributed or sold by Defendants are in any manner associated or
connected with Plaintiff or are sold, manufactured, licensed, sponsored, approved or
authorized by Plaintiff;
(f) Engaging in any other activity constituting unfair competition with
Plaintiff or his licensees, or constituting an infringement of any of Plaintiffs copyrights
or of Plaintiffs rights in, or rights to use or to exploit, said copyrights, including aiding
and abetting third parties engaging in such activities;
(g) Engaging in any acts or activities directly or indirectly calculated to trade
upon or injure the reputation or the goodwill of Plaintiff or in any manner to compete
unfairly with Plaintiff by appropriating the distinctive creative elements of Plaintiffs
copyrighted works;
(h) Effecting assignments or transfers, forming new entities or associations or
utilizing any other device for the purpose of circumventing or otherwise avoiding the
prohibitions set forth in subparagraphs 1(a) through (g) hereinabove; and
(i) Secreting, destroying, altering, removing or otherwise dealing with copies

17
of the Infringing Hoffman Record or the Infringing Bedk Record, or any books or
records which contain any information relating to the importation, manufacture,
production, distribution, circulation, sale, marketing, offering for sale, advertising,
promoting or displaying of any copies of the Infringing Hoffman Record and the
Infringing Bedk Record by Defendants.
2. Directing that Defendants deliver for impoundment:
(a) All copies of the Infringing Hoffman Record and the Infringing Bedk
Record, including sound recordings in any format, CDs, cassettes, DVDs, videocassettes,
digital audio and/or video files, sheet music, labels, boxes, signs, packages,
advertisements, novelty items, prints, dyes, wrappers, receptacles and any other such
goods or merchandise in Defendants possession, custody or control incorporating or
associated with the Infringing Hoffman Record and the Infringing Bedk Record; and
(b) All masters, plates, molds, mechanicals, digital or analog tapes, or
apparatus utilized in making copies of the Infringing Hoffman Record and the Infringing
Bedk Record and packaging therefor, and all digital files of same in whatever media
they are maintained.
3. Directing such other relief as the Court may deem appropriate to prevent the trade
and public from deriving any erroneous impression that any products or services manufactured,
sold or otherwise circulated or promoted by Defendants are authorized by Plaintiff or related in
any way to Plaintiff or his musical compositions or sound recordings.
4. Directing that an accounting of and judgment be rendered against each Defendant
for:
(a) Statutory damages as provided by 17 U.S.C. Sec. 504(a);

18
(b) All profits received by any of the Defendants from the sale or other
commercial exploitation of the Infringing Hoffman Record and the Infringing Bedk
Record, as provided by 17 U.S.C. Sec. 504(b), including all revenues received relating to
or deriving from, in manner whatsoever, the Infringing Hoffman Record and the
Infringing Bedk Record, and any profits received by third parties as a result of activities
for which Defendants may be found contributorily or vicariously liable;
(c) All damages suffered by Plaintiff as a result of any of Defendants
copyright infringements, as provided by 17 U.S.C. Sec. 504(a), whether as a result of
their direct, contributory or vicarious actions;
(d) All monies received from whatever source, directly or indirectly, by any of
the Defendants as unjust enrichment from the exploitation of the Infringing Hoffman
Record and the Infringing Bedk Record.
5. Awarding Plaintiff punitive damages of not less than $5,000,000.
6. Awarding Plaintiff his costs in this action, including reasonable attorneys and
investigative fees, as provided by 17 U.S.C. Sec. 505.
7. Directing that Plaintiff be declared the owner of the copyright in the Infringing
Starlight Song, and that Copyright Registration No. PU0001072690, be amended to show
Wallert as the author of the musical composition Starlight and the claimant of Copyright
Registration No. PU0001072690.
8. Directing that the Court retains jurisdiction of this action for the purpose of
enabling Plaintiff to apply to the Court at any time for such further orders and directions as may
be necessary or appropriate for the interpretation or execution of any order entered in this action,
for the modification of any such order, for the enforcement or compliance therewith, and for the

19
punishment of any violations thereof.
9. Awarding to Plaintiff such other and further relief as the Court may deem just and
proper.
JURY DEMAND
Plaintiff hereby demands trial by jury on all issues triable to a jury.

DATED: New York, New York
October 17, 2014 Respectfully submitted,

D H CAVANAUGH ASSOCIATES

/Dennis H. Cavanaugh/
By___________________________
Dennis H. Cavanaugh (DC 3146)
555 Fifth Avenue, 17
th
Floor
Tel: (212) 856-7210
Fax: (212) 856-7211
Email: dhc@dhcavanaugh.net

FROM LAW, PLLC

/Nadine Y. From/
By___________________________
Nadine Y. From (NF 8848)
175 Varick Street
Tele: (212) 655-5492
Fax: (646) 213-3111
Email: nadine@nyfrom.com

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