Case 3:13-cv-01077-HU

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J. Peter Staples, OSB No. 794042 pete@chernofflaw.com Susan D. Pitchford, OSB No. 980911 sdp@chernofflaw.com CHERNOFF VILHAUER LLP 601 SW Second Avenue, Suite 1600 Portland, OR 97204-3157 Telephone: (503) 227-5631 Facsimile: (503) 228-4373 Attorneys for Plaintiff

UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION

RANDOM LENGTHS PUBLICATIONS, INC., an Oregon corporation, Plaintiff, v. BRIDGEWELL RESOURCES LLC, an Oregon limited liability company,

Case No. COMPLAINT FOR COPYRIGHT INFRINGEMENT AND BREACH OF CONTRACT

DEMAND FOR JURY TRIAL Defendant.

For its complaint against defendant, plaintiff alleges the following: 1. Plaintiff Random Lengths Publications, Inc. (Random Lengths) is an Oregon

corporation with its principal place of business in Eugene, Oregon. Random Lengths publishes and distributes periodicals and newsletters containing timely information of interest to the forest products industry.

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2.

Upon information and belief, Bridgewell Resources LLC (Bridgewell) is an

Oregon limited liability company with a principal place of business at 10200 Greenburg Road, Suite 500, Tigard, Oregon 97223. Upon information and belief, Bridgewell is a wholesale distributor of wood, food, agricultural, mat, utility and construction products, specialty building products; and renewable resource products. 3. This case arises under the Copyright Act, 17 U.S.C. 101-1332. This Court has

jurisdiction of the subject matter herein pursuant to 28 U.S.C. 1331 and 1338(a), and the principles of supplemental jurisdiction set out in 28 U.S.C. 1367. 4. Venue is proper in this District pursuant to 28 U.S.C. 1391(b) and (c). PLAINTIFFS FACTUAL ALLEGATIONS 5. Random Lengths publishes a variety of periodical newsletters containing timely

information of interest to the forest products industries. Random Lengths publications include: Random Lengths, The Weekly Report on North American Forest Products Markets (Weekly Report); Random Lengths Market Report Midweek (Midweek Report); Random Lengths Panel Market Report (Panel Report); Random Lengths Lumber Market Report (Lumber Report); and Random Lengths YARDSTICK, The Monthly Measure of Forest Products Statistics (Yardstick). (The reports are collectively referred hereafter as the Reports or the RLP Reports). The Lumber Report and the Panel Report are published separately prior to the Weekly Report and are then incorporated into The Weekly Report when it is published. 6. The publications are sold pursuant to a Subscription Agreement. Exhibit A. The

Subscription Agreement informs Subscribers that the Reports contain copyrighted material and the Subscriber agrees not to retransmit the Reports to any third-party or a separate physical location of the Subscriber.

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7.

Random Lengths owns copyright rights in each edition of the Reports listed

above. All editions of RLP Reports contain copyright notices, e.g., Copyright 2012 Random Lengths Publications Inc, and inform the reader that retransmission of the Report creates an additional copy and is prohibited. Exhibit B. 8. Random Lengths owns copyright registrations for all its Reports. The Reports are

registered as periodicals, with a single registration covering multiple Reports. 9. Random Lengths distributes its Reports by mail and electronically via facsimile

and e-mail PDF transmissions. 10. An email transmittal letter accompanies each email PDF Report. The transmittal

letter includes a copyright notice and a warning that the Report may not be retransmitted without written permission of the publisher. Exhibit C. 11. Each electronic transmission of a Report includes a full page IMPORTANT

COPYRIGHT REMINDER, informing readers that the Report is protected by U.S. copyright laws. Exhibit D. The Reminder also reiterates that retransmission of the Report without written permission is unlawful. 12. Periodically, Random Lengths publishes an Warning Article article explaining

that RLP owns copyright rights in the Reports and that retransmission of the Reports is a violation of those rights. Exhibit E. 13. Random Lengths sends each subscriber to a PDF Weekly Report, Midweek

Report, Panel Report, or Lumber Report an ONLINE SUBSCRIBER COPYRIGHT COMPLIANCE FORM (Compliance Form) in conjunction with the initial invoice for the subscription or a renewal statement. Exhibit F. The Compliance Form notifies the subscriber that the RLP Report is the property of Random Lengths, and that each publication contains

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proprietary information and copyrighted material. By checking boxes and signing the Compliance Form the subscriber acknowledges that the Reports contain proprietary and copyrighted material and agrees that the subscriber will not copy or retransmit materials in the Reports without the express consent of Random Lengths. 14. Bridgewell subscribes to RLP Reports in six locations: Tigard OR, Bend OR,

Brooklyn Park (or Osseo) MN, Daphne AL, Grapevine TX, and Shanghai CN. Bridgewell has a Site License for one or more of the RLP Reports at each location. 15. Bridgewell has been a subscriber to several RLP Reports including the Reports

listed in paragraph 5 since March 16, 2010. 16. Upon information and belief, during the period January 2012 May 2013,

Bridgewell routinely made unauthorized copies of one or more RLP Reports by retransmitting one or more of the Reports subscribed to at the licensed Tigard location to third parties and/or unlicensed locations. Upon information and belief, in some cases the third-party recipients and/or persons at the unlicensed location have made additional unauthorized copies by retransmitting the Reports to further third parties and/or further unlicensed locations. 17. Upon information and belief, during the period January 2012 through the present

Bridgewell forwarded copyrighted RLP Reports to many third parties and/or unlicensed locations, including but not limited to Atlanta GA, Birmingham AL, Chicago IL, Denver CO, Doylestown PA, Issaquah WA, Livingston NJ, Monroe LA, Los Angeles CA, Mooresville NC, Ontario CA, Phoenix AZ, Salem OR, San Francisco CA, and Seattle WA. 18. Upon information and belief, the unlawful retransmission described in

paragraph 14 above began earlier than January 2012 and has continued to the present.

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19.

Upon information and belief, despite repeated and prominent warnings that

retransmission of RLP Reports is copyright infringement, hundreds of copyrighted RLP Reports were copied by defendant by unauthorized retransmission. Upon information and belief, many copyrighted Reports were copied multiple times by unauthorized retransmissions. 20. Bridgewell had actual notice of Random Lengths copyright rights in the Reports

and actual notice that retransmission of the copyrighted Reports was copyright infringement. 21. Upon information and belief, Bridgewells actions described herein have been

willful, wanton, and in blatant disregard of Random Lengths rights. F IRST C LAIM FOR R ELIEF (Copyright Infringement) 22. This claim arises under Section 501 of the Copyright Act, 17 U.S.C. 501. The

allegations of paragraph 1-21 are incorporated herein by reference. 23. By electronically retransmitting RLP Reports to third parties and/or unlicensed

locations without the permission of Random Lengths, Bridgewell has repeatedly, systematically, and deliberately infringed Random Lengths copyright rights in those Reports, and Random Lengths has been and will continue to be damaged by Bridgewells actions unless Bridgewell is enjoined by this Court. SECOND C LAIM FOR R ELIEF (Breach of Contract) 24. This claim arises under the common law. The allegations of paragraphs 1-23 are

incorporated herein by reference. 25. By retransmitting RLP Reports to third parties and/or unlicensed locations,

Bridgewell has repeatedly, systematically, and deliberately breached the Subscription

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Agreement, and Random Lengths has been and will continue to be damaged unless Bridgewell is enjoined by this Court. WHEREFORE, Random Lengths prays for judgment in its favor and against Bridgewell on all claims for relief and for an Order: A. that Bridgewell has infringed Random Lengths copyright rights and that Random

Lengths has been damaged thereby; B. awarding Random Lengths its actual damages caused by Bridgewells

infringement and any of Bridgewells profits attributable to its infringement, pursuant to 17 U.S.C. 504; C. as an alternative to Random Lengths actual damages and Bridgewells profits,

awarding Random Lengths statutory damages pursuant to 17 U.S.C. 504(c); D. enhancing such statutory damages due to the willful nature of Bridgewells

conduct pursuant to 17 U.S.C. 504(c); E. that Bridgewell has breached the Subscription Agreement, and awarding Random

Lengths damages caused by Bridgewells breach; F. enjoining Bridgewell, its officers, employees and assigns, and all those in privity

with them, from infringement of Random Lengths copyright rights in the RLP Reports and from any further breaches of the Subscription Agreement; G. awarding Random Lengths its costs and attorneys fees, pursuant to 17 U.S.C.

505 and the terms of the Subscription Agreement; and

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H.

awarding such other relief as the Court deems just and equitable.

DATED: June 26, 2013

Respectfully submitted, CHERNOFF VILHAUER LLP

/s/ J. PETER STAPLES J. Peter Staples, OSB No. 794042 Susan D. Pitchford, OSB No. 980911 Telephone: (503) 227-5631 Attorneys for Plaintiff

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Plainitff hereby demands a jury trial for all issues so triable. CHERNOFF VILHAUER LLP

/s/ J. PETER STAPLES J. Peter Staples, OSB No. 794042 Susan D. Pitchford, OSB No. 980911 Telephone: (503) 227-5631 Attorneys for Plaintiff

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