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JS44C/SDNY

REV. 4/2014

2,4 CV

CIVIL COVER

JUDGFCOTP

7M47

"*•

W

The JS-44 civil cover sheet andtne information contained herein neither replace nor supplement the filing

'2014

pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the

red bvthe

Judicial Conference of the United States in September 1974, is required for use of the Clerk of Court for the purpose of

initiating the civil docket sheet.

PLAINTIFFS

ARMEN DJERRAHIAN

DEFENDANTS

GLOBAL GRIND DIGITAL, INC. A/K/A GG DIGITAL, INC.,

and

RUSSEL SIMMONS

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER

Edward C. Greenberg, LLC 570 Lexington Avenue, 19th Floor, New York, NY 10022 (212) 697-8777

CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE)

ATTORNEYS (IF KNOWN)

(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

Copyright Infringement 17 U.S.C 501-505

Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time? N<0fesQjudge Previously Assigned

If yes, was this case Vol. Q

Invol. Q

Dismissed. No Q

Yes Q

If yes, give date

IS THISANINTERNATIONAL ARBITRATION CASE?

No

0

Yes

(PLACE AN [x] INONEBOXONLY)

NATURE OF SUIT

CONTRACT

I

] no

INSURANCE

[

]120

MARINE

I

]130

MILLER ACT

I

1140

NEGOTIABLE

 

INSTRUMENT

I

1150

RECOVERY OF

 

OVERPAYMENT &

ENFORCEMENT

OF JUDGMENT

[

]151

MEDICARE ACT

[

1152

RECOVERY OF

 

DEFAULTED

STUDENT LOANS

(EXCL VETERANS)

I

]153

RECOVERY OF

 

OVERPAYMENT

OF VETERAN'S

BENEFITS

I

1160

STOCKHOLDERS

 

SUITS

[

]190

OTHER

 

CONTRACT

[

1195

CONTRACT

 

PRODUCT

LIABILITY

[

] 196

FRANCHISE

REAL PROPERTY

1 1210

[

[

]220

]230

[

[J245

]240

[

]290

LAND

CONDEMNATION

FORECLOSURE

RENT LEASE &

EJECTMENT TORTS TO LAND TORT PRODUCT LIABILITY

ALL OTHER

REAL PROPERTY

TORTS

PERSONAL INJURY

PERSONAL INJURY

FORFEITURE/PENALTY

[ ] 310 AIRPLANE

[ ] 315 AIRPLANE PRODUCT

LIABILITY

[ ] 320 ASSAULT, LIBEL &

SLANDER

[ ) 367 HEALTHCARE/

PHARMACEUTICAL PERSONAL , , 626DRUG RELATED

INJURY/PRODUCT LIABILITY

[ ] 365 PERSONAL INJURY

PRODUCT LIABILITY

[ ] 368 ASBESTOS PERSONAL

SEIZURE OF PROPERTY

21 USC 881

[ ] 690 OTHER

[ ] 330 FEDERAL

INJURY PRODUCT

 

EMPLOYERS'

LIABILITY

LIABILITY

[

] 340

MARINE

PERSONAL PROPERTY

[ ] 345 MARINE PRODUCT

 
 

LIABILITY

[ ] 370 OTHER

FRAUD

[ ] 350 MOTOR VEHICLE

[ ] 355 MOTOR VEHICLE

PRODUCT LIABILITY

[ ] 360 OTHER PERSONAL

INJURY

[ ] 362 PERSONAL INJURY -

MED MALPRACTICE

ACTIONS UNDER STATUTES

CIVIL RIGHTS

[

] 440

OTHER CIVIL RIGHTS

 

(Non-Prisoner)

[

] 441 VOTING

[

] 442

EMPLOYMENT

[

] 443

HOUSING/

ACCOMMODATIONS

[ ] 445 AMERICANS WITH

[

[

] 446

1 448

DISABILITIES -

EMPLOYMENT

AMERICANS WITH

DISABILITIES -OTHER

EDUCATION

[ ] 371 TRUTH IN LENDING

[

] 380 OTHER PERSONAL

PROPERTY DAMAGE

[

] 385 PROPERTY DAMAGE

PRODUCT LIABILITY

PRISONER PETITIONS

[

[

] 463

] 510

ALIEN DETAINEE

MOTIONS TO

VACATE SENTENCE

28 USC 2255

[ ] 530 HABEAS CORPUS

[

[

] 535

DEATH PENALTY

] 540 MANDAMUS & OTHER

LABOR

[ ] 710 FAIR LABOR

STANDARDS ACT

[ ] 720 LABOR/MGMT

[

[

RELATIONS

] 740 RAILWAY LABOR ACT

]

751 FAMILY MEDICAL

LEAVE ACT (FMLA)

i ) 790 OTHER LABOR

[

LITIGATION

] 791

EMPL RET INC

SECURITY ACT

IMMIGRATION

PRISONER CIVIL RIGHTS

[

]

550

CIVIL RIGHTS

[ ] 462 NATURALIZATION

APPLICATION

[ ] 555 PRISON CONDITION [ ] 560 CIVIL DETAINEE

[ ] 465 OTHER IMMIGRATION

ACTIONS

CONDITIONS OF CONFINEMENT

&Case No.

ACTIONS UNDER STATUTES

BANKRUPTCY

OTHER STATUTES

I

1 375 FALSE CLAIMS

[ ] 422 APPEAL

[

] 400 STATE

28 USC 158

REAPPORTIONMENT

[ ] 423 WITHDRAWAL

[

] 410 ANTITRUST

28 USC 157

[

] 430 BANKS & BANKING

[

] 450 COMMERCE

[

] 460 DEPORTATION

PROPERTY RIGHTS

[

] 470 RACKETEER INFLU

ENCED & CORRUPT

W 820 COPYRIGHTS

 

ORGANIZATION ACT

[ ] 830 PATENT

(RICO)

[ ] 840 TRADEMARK

[

] 480

CONSUMER CREDIT

[

] 490

CABLE/SATELLITE TV

SOCIAL SECURITY

[

] 850 SECURITIES/

 

COMMODITIES/

[ ]861 HIA(1395ff)

 

EXCHANGE

[

]

862

BLACK LUNG (923)

[

] 863

DIWC/DIWW (405(g))

[

] 864

SSID TITLE XVI

[

] 865

RSI (405(g))

[

] 890 OTHER STATUTORY

 

ACTIONS

 

[

] 891 AGRICULTURAL ACTS

FEDERAL TAX SUITS

 

[ ] 870 TAXES (U.S. Plaintiff or

[

] 893 ENVIRONMENTAL

Defendant)

 

MATTERS

[

]

871 IRS-THIRD PARTY

[

] 895 FREEDOM OF

 

26 USC 7609

INFORMATION ACT

 

[

] 896 ARBITRATION

[

] 899 ADMINISTRATIVE

PROCEDURE ACT/REVIEW OR

APPEAL OF AGENCY DECISION

[ ] 950 CONSTITUTIONALITY OF

STATE STATUTES

Checkif demanded in complaint:

CHECK IF THIS IS ACLASS ACTION

UNDER F.R.C.P. 23

DEMAND $_

OTHER

Check YES only ifdemanded in complaint

JURY DEMAND: E YES DNO

<Lf<LPS40 IJ OS 3°!^

(f^C^ST/AT^ THIS CASE ,S RELATED TO ACIV,L CASE N0W PENDING IN S.D.N.Y.'

JUDGE

DOCKET NUMBER

NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).

(PLACEAN x IN ONE BOX ONLY)

ORIGIN

I*] 1 Original

Proceeding

2 Removed from

State Court

• a. ,llP,rti.sr„p,«.n«.d

L—'

K

K

L_I 3 Remanded

from

APP««ate

Court

D 4 Reinstated or

Reopened

O 5 Transferred from Q 6 Multidistrict

(Specify District)

Litigation

7 Appeal to District

Judge from

Magistrate Judge

Judgment

I

|

b.

At least one

party is pro se.

(PLACEANxINONEBOXONLY)

D

1 U.S. PLAINTIFF

2 U.S. DEFENDANT

BASIS OF JURISDICTION

[x] 3 FEDERAL QUESTION

(U.S. NOT A PARTY)

\J4 DIVERSITY

IF DIVERSITY, INDICATE CITIZENSHIPBELOW.

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)

(Place an [X] in one box for Plaintiffand one box for Defendant)

 

PTF

DEF

 

PTFDEF

 

PTF

DEF

CITIZEN OFTHIS STATE

[

] 1

[

] 1

CITIZEN ORSUBJECT OFA

[

] 3 [

] 3

INCORPORATED and PRINCIPAL PLACE

[

] 5

[ ]5

 

FOREIGN COUNTRY

OF BUSINESS IN ANOTHER STATE

CITIZEN OFANOTHER STATE

[ ] 2

[

] 2

INCORPORATED or PRINCIPAL PLACE

[

]4 [

]4

FOREIGN NATION

[ ]6

[ ]6

OF BUSINESS IN THIS STATE

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

ARMEN DJERRAHIAN, 164 Russell St, #2R, Brooklyn, New York, 11222

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

GLOBAL GRIND DIGITAL, INC., a/k/a GG DIGITAL, INC., 980 Avenue of the Americas, New York,

New York, 10018

RUSSELL SIMMONS, 980 Avenue of the Americas, New York, New York, 10018

DEFENDANT(S) ADDRESS UNKNOWN

REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN

RESIbENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Check one:

THIS ACTION SHOULD BE ASSIGNED TO:

WHITE PLAINS

[x] MANHATTAN

(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS

COMPLAINT.)

DATE

RECEIPT*

/SIGNATURE.Of ATTORNEY OF RECORD ^

4f/r7//ir As s?

V

/

/

>>^J^,

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^/

,

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y/Xyy^y/^^/^::^lf'/ /&&r—"

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ADMITTED TO PRACTICE IN THIS DISTRICT

m no

[] YES (DATE ADMITTED Mo. 10

AttorneyBarCode#5553

Yr. 82

Magistrate Judge is to be designated by the Clerk of the Court.*,.

Magistrate Judge

Ruby J. Krajick, Clerk of Court by

^^i^£EMAlfl

Deputy Clerk, DATED

UNITED STATES DISTRICT COURT (NEWYORKSOUTHERN)

Clear Form

Save

Print

is so Designated.

.

4U0GEC0TE

14 CV

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

ARMEN DJERRAHIAN,

Plaintiff,

against

GLOBAL GRIND DIGITAL, INC. A/K/A GG DIGITALJNC, and RUSSELL SIMMONS,

Defendants.

7547

COMPLAINT

 

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P

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ECF CASE

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Plaintiff ARMEN DJERRAHIAN by his attorney, EDWARD C. GREENBERG, LLC,

alleges as follows that:

PARTIES

1. Plaintiff ARMEN DJERRAHIAN (hereinafter "Plaintiff or "DJERRAHIAN") is an

individual citizen of France, who is actively engaged in the photography business in the State of

New York and elsewhere, and who resides in Brooklyn, New York 11222.

2. Defendant GLOBAL GRIND DIGITAL, INC., a/k/a GG DIGITAL, INC.

(hereinafter "GLOBAL GRIND") is a domestic business corporation, duly organized and

existing under the laws of the State of New York, which upon information and belief, maintains

its principle place of business at 980 Avenue of the Americas, New York, New York,

is licensed to do business in the State of New York.

10018 and

3. Defendant RUSSELL SIMMONS (hereinafter "SIMMONS") is an individual

who upon information and belief resides and routinely does business in the State and County of

New York. Upon information and belief, SIMMONS wholly owns defendant GLOBAL

GRIND.

JURISDICTION AND VENUE

3. This is a civil action for copyright infringement.

4. Jurisdiction is conferred upon this Court by 28 U.S.C. § 1338.

5. Venue in the Southern District of New York is proper pursuant to 28 U.S.C. §

1400.

FACTS COMMON TO ALL CLAIMS

6. That Plaintiff DJERRAHIAN is a successful professional photographer with many

years of experience and a considerable reputation.

7. DJERRAHIAN is well known in the hip hop music business, as he has worked with

major artists including Jay-Z, Usher, 50 Cent, Eminem, Kanye West, Rick Ross and director

Spike Lee. DJERRAHIAN's work has been featured on the covers of several issues of Vibe

Magazine, and on The Wild Magazine, XXL Magazine, and numerous international publications.

8. DJERRAHIAN has also shot and directed music videos and commercials, including

a music video featuring R&B recording artist Melanie Fiona, which received a nomination for

[Best] "Video of the Year" at the 2010 BET Awards.

9. DJERRAHIAN is alsoa successful fashion photographer who has shot photos for

Shinola, Cazal Eyewear, Nike, Fila, Reebok, Marc Ecko, and commercials for Elle Magazine,

Revlon, Van Cleef & Arpels, and Piaget.

THE IMAGES

10. On May 17, 2010, DJERRAHIAN created photographic images of the performer,

rapper and mogul, William Leonard Roberts III, better known as "Rick Ross" (hereinafter

"Ross") for XXL Magazine, which were published in the July/August 2010 issue of XXL

Magazine.

11.

One of such images of Ross captures him holding his hand in the shape of a gun

to his head (hereinafter the "Image" or "Subject Image", a copy of which is annexed hereto as

Exhibit "A").

12. DJERRAHIAN is well known as the creator of the Subject Image, having been

credited for same when the Image was originally published in XXL Magazine.

13. DJERRAHIAN duly registered the Image with the United States Copyright Office on

April 4, 2014, Registration No. VA 1-908-336 (a copy of said registration is annexed hereto as

Exhibit "B").

14. Ross has sold millions of albums and has had at least five (5) albums reach #1 on the

Billboard music charts.

15. Ross is the founder and head of the record label imprint Maybach Music Group, also

known as "MMG".

16. The Subject Image of Ross is iconic in the hip hop community.

17. Upon information and belief, various blogs referring to Ross have purposely selected

the Subject Image of him due at least in part to its value and attention getting nature.

18. The Image of Ross creatively captures the personality of Ross.

19. Upon information and belief, since the Image's creation, the Image has helped to

shape and form Ross' "brand" in the hip hop music community.

20.

That Image is an important element of hip hop music culture.

21. The Subject Image of Ross is upon information and belief, the definitive image of

him.

22. TMZ has touted the Image as "iconic".

23. Defendants operate www.globalgrind.com; a website publishing news and content

about aspects of pop culture including information pertaining to the lives of celebrities, lifestyles,

fashion, music, and politics.

24. Upon information and belief, GLOBAL GRIND is wholly owned by mogul Russell

Simmons.

25. SIMMONS is a hip hop mogul, business person of considerable influence, and is

active in the music and hip hop industries.

26. Defendants, or one or more of them, have employed the Image in multiple forms on

its website without a license authorization or consent.

27. The Subject Image of Ross was/is valuable to Defendants.

THE OFFENDING USES OF THE IMAGES

28. GLOBAL GRIND has employed DJERRAHIAN's Image at least on their website

in a photo gallery under the heading "15 Rappers With The Best Ad-Libs (LIST)", a copy of

which is annexed hereto as Exhibit "C".

29. GLOBAL GRIND has further employed DJERRAHIAN's Image in connection

with an article entitled "Stay The F*ck Away

annexed hereto as Exhibit "C".

.Period! By Russell Simmons", a copy of which is

30. Upon information and belief, Simmons wrote article, selected plaintiffs Image to

include in same, approved of and published the article with the Image.

31. The article containing Plaintiffs iconic Image is authored in"first person"

narrative by Mr. Simmons.

32. Said article advocates inter alia, against getting into legal trouble.

Notwithstanding same, no license, authorization or consent was either sought or obtained by

Global Grind with regard to its uses of Plaintiffs Image.

33. That, upon information and belief, SIMMONS had the right and ability to

supervise and in fact did supervise the selection and publication of the Subject Image.

34. Upon information and belief, SIMMONS personally participated in the selection

and/or publication of the Image on the GLOBAL GRIND website.

35. Upon information and belief, GLOBAL GRIND has employed the Subject Image

inat least one other article on its website. That such allegation is not speculative but based on

actual knowledge, the details of which cannot be specified further sans discovery.

36. DJERRAHIAN has never granted GLOBAL GRIND any license, nor provided

authorization or consent to GLOBAL GRIND to use the Subject Image in any media whatsoever.

37. Pursuant to Federal Rule 11, Plaintiff has sought to obviate judicial intervention

and filing of suit.

38. On May 14,2014, DJERRAHIAN, by counsel, issued and delivered

correspondence to GLOBAL GRIND, advising it, inter alia, to remove the Subject Image from

their website, that GLOBAL GRIND's uses of DJERRAHIAN's Image was in violation of

DJERRAHIAN's copyright, and that GLOBAL GRIND had no right to use the Image in any

way, shape or form (hereinafter the "May 14, 2014 Notice Letter", a copy of which is annexed

hereto as Exhibit "D", sans its exhibits which are elsewhere annexed to this Complaint).

39. The May 14, 2014 Notice Letter included DJERRAHIAN's then pending

copyright registration case number, and copies of at least some of GLOBAL GRIND's offending

uses of the Image.

40. Defendant, byits counsel, issued responses to plaintiffs requests ona

confidential basis. Despite same, the parties have been unable to reach a resolution, sans judicial

intervention.

41. Plaintiff is committed to protecting his copyright in the Subject Image.

42. Plaintiff has filed an action against Ross and others in the United states District

Court for the Southern District ofNew York, case number 14-cv-3291, pending before Judge

Oetken, sounding in copyright infringement, based on allegations of their unauthorized uses of

the Subject Imageand other Images taken by Plaintiff.

43. SIMMONS co-founded the music label "Def Jam", which is a defendant in

plaintiffs other litigation against Ross et al,

index number 14-cv-3291 (JPO).

44. Upon information and belief, the defendants are a sophisticated licensors and

licensees of intellectual property and employ attorneys and/or systems orprotocols to secure

usage of the intellectual property created by third parties.

45. That the defendants, or one or more of them, have no defenses at law to the claims

set forth herein.

46.

That the full nature and extent of all infringing uses of plaintiff s Image by

GLOBAL GRIND are unknown to Plaintiff as of this writing, said information being within the

sole knowledge, custody, and control of defendants, or one or more of them. That such details

and information are expected to be ascertained through discovery in this action.

47. Paragraphs "1" through "44" are incorporated by reference with respect to each of

the below counts or claims for relief.

FIRST CLAIM FOR RELIEF

Copyright Infringement

Under Section 501 of the Copyright Act

48. That the use of the Plaintiffs Image by the

Defendants, or one or more of them, in

connection with the website "www.globalgrind.com" was and is without the plaintiffs

authorization, license or consent.

49. That, upon information and belief, the defendants, or one or more of them, have

infringed the copyright in Plaintiffs Image.

50. That, upon information and belief, the aforementioned acts of defendants, or one

or more of them, constitute federal statutory copyright infringement under Section 501 of the

Copyright Act in violation of the rights granted to DJERRAHIAN as copyright holder.

51. That, upon information and belief, defendant(s)'

willful, intentional and in bad faith.

uses of the Subject Image was

52. That, upon information and belief, defendant(s)' use of the Image in violation of

Plaintiffs copyright was negligent in that it knew or should have known that it was without a

license for the use(s) complained of herein.

53. That, upon information and belief, defendants, or one or more of them, had actual

and/or constructive knowledge and/or through the exercise of ordinary business care and/or the

examination of public records, knew or should have known that Plaintiff held the copyright in

the Subject Image, that defendants never had (at any of the relevant times herein) a license,

consent, or authorization by Plaintiff for the use of Plaintiffs Image on its website or in any other

medium of news source employed

by defendants, or one or more of them, and that any such use

would be in violation of Plaintiffs copyright.

54. That as a result of defendant(s)' acts, Plaintiff has been and will continue to be

damaged in an amount as yet to be determined. Plaintiff is a professional photographer who

earns his livelihood by licensing rights to third parties to employ his photographic images.

55. The Copyright Act enables a prevailing plaintiff to elect to recover statutory

damages attorneys' fees and costs under Section 504 and 505 of the Copyright Act, 17 U.S.C.

Section 101 et., seq., or as an alternative

to statutory damages, his actual damages and any

additional profits of the defendants, or one or more of them, which are attributable to the

infringement as under 17 U.S.C. Sections 504 (a)-(b).

56. That Plaintiff has been harmed in an amount to be determined by this Honorable

Court, but believed to be no less than $50,000.

57. That as a result of defendant(s)' acts, Plaintiff has been and will continue to be

damaged in an amount as yet to be determined.

JURY DEMAND

36. That Plaintiff requests a trial by jury of all issues.

WHEREFORE, plaintiffdemands judgmentas againstthe defendant as follows:

ON THE FIRST COUNT- (A) Award to plaintiff his actual damages incurred asa result

of defendants infringements, and all profits realized as a result of their infringements, in amounts to be determined at trial but inan amount tobe determined by this Court; or (B) in the

alternative, at plaintiffs election, award to plaintiff maximum statutory damages pursuant to 17

U.S.C. § 504 for each individual act of infringement, and for an order of injunction permanently

enjoining and prohibiting the defendant, including but not limited to wholly owned subsidiaries,

from employing or utilizing in any manner or media whatsoever, including all future uses, sales,

transfers, assignments, or licensing of any and allof plaintiffs copyrighted images, pursuant to

17 U.S.C. § 502 and for an award of costs and attorneys' fees pursuantto 17 U.S.C. § 505;

Prejudgment interest on all sums due;

And such other and further reliefas this Court may deem just andproper inclusive of any

andall reliefor remedies allowable by the statutes referenced above or applicable hereinabove.

Dated: New York, NY

September 17, 2014

Yours, etc.,

EDWARD C. GREENBERG, LLC

BY: Edward C. Greenberg, Esq. (ECG 5553)

By: Tamara L. Lannin, Esq. (TL 3784)

570 Lexington Ave., 19th Floor

New York, NY 10022

Tel: (212) 697-8777 Fax: (212) 697-2528

Attorneys for Plaintiff

Certificate of Registration

o'*—?Xy.

"I'^'sCertificate issuedunder the sealof the Copyright

Office in accordance Willi title 17, Untied Slates Coiic.

ntteste that registration has been made for thework

identified below, "1 tie information on this certificate has

been made a pan of the CopyrightOifke records.

^^ TTLLA'tiu. >vcXt

Register of Copyrights.UnitedStatesofAmerica

Registration Number

VA 1-908-336

Effective date of

registration:

April 4,2014

Title

Title of Work: XXL MagazinerRick Ross

Title of Larger Work:

Number

4

Date m

Copiesiuly'Aug 2010

XXL

MagaanrrickrossO Ic

 

Number

01c

Dateon Copie»july/Aug 2010

XXL Magazine:rickross02c

 

Number

02c

Date on Corjfesjuly/Aug20l0

XXL MagazinerrickrossOJc

Number 03c

XXL Maga»ne:rickros$04c

Number

04c

Dateon Copfesjuiy/Aug 2010

Dateon CojriesJuly/Aug 2010

Completion/Publication

Author

YearofContpIetia*:

2010

Dite of 1st Publication:

June 15, 2010

Nation of 1st Publication:

United States

Author:

Pseudonym:

Armen Charles Djerrahian ARMEN

Author Created:

photograpfKs)

Citizen of:

France

Domiciled In:

Mnitcd States

Year Bon:

1969

Pseudonymous:

Yes

Registrations:

Service Request*:

VAOOOl908336

1-1338622681

Armen Charles Djerrahian

164 Russell Street, Apt#2R

Brooklyn, NY 11222

| Monday, April 28, 2014 )

=

m

FOR MORE INFO

GREEN CULTURE

MAY 3

NEWS

Grind

MAYWEATHER

STYLE

MAIDANA

ENTERTAINMENT

ii globalgrind.com/p!ayiisV15-rappers-best-ad-libS'list/item/1824218/referrer/182428

**&t***rr

LATEST GALLERIES

/.*!

HOME

«':

C

<-

j Monday, April 28,2014 j

B

l"x x<

PRAYERS'Deadly Tornadoes KillAt Least 18 In

NOWYOU

KNOW

£#FORDAN0

Dj EZ Rock Dead At 46

Oklahoma & Iowa tDETAILSJ

GREEN CULTUREHOME

POLITICS

REST IN PEACE

NEWS&

(PHOTOS)

Arkansas

I don't know his situation, but I definitely can relate

l was walking in those shoes at one point in my life First and foremost. I am thankful that no one got hurt

Grind

So l gotta pray that Rick has a faster and smoother transition from the streets to the music

STYLE

|

0 Comments

MUSIC

Comments

by

ENTERTAINMENT

by RusseN Simmons

^^^3

This Rick Ross shooting this morning got me thinking

Jj globalgrind.com/2013/01/28/stay-fck-away-period-ru5sell-Simmons-blog/

BBEmwi

Stay The F*ck Away

Russell Simmons

By RussefI Simmons

a^Twmt

Nome » News » Stay The F*ck Away

1

I2J2E) 003

2Q"3 ]

jar. 23

C

Period!

Period!

Edward C. Greenberg, LLC

COUNSELORS AT LAW

570 LEXINGTON AVENUE, 19th FLOOR

Tamara L. Lannin

tl.ecglaw@gmail.com

„„„

BY HAND DELIVER V

Rush Communications

Global GrindDigital Inc.

NEW YORK, NY 10022

TELEPHONE: (212) 697-8777 FACSIMILE: (212)697-2528

ecglaw@gmail.com

May 14, 2014

Nashon L. Craig, Esq.

Vice President, Business & Legal Affairs

512 Seventh Avenue, 43rd Floor

New York, NY 10018

OfCounsel:

Debra S. Reiser

Re: Armen Dierrahian w/ Global Grind: Our File C439p/13

Dear Mr. Craig:

We serve as retained copyright litigation counsel to Mr. Armen Djerrahian a

photographer ofconsiderable reputation. This office routinely litigates matters ofthis nature.

^C Wfite ^S^^S the unauthorized uses of our client's image of the performer

Rick Ross". Acopy of our client's image is annexed hereto as Exhibit WAM(the "Subject

Images"). Mr. Djerrahian is the sole owner ofthe Subject Image, for which our client filed

an^apphcation for registration of Copyright on April 4, 2014 (registration pending, case

You have employed our client's registered image at least on your website, "Global

You

Grind" (www.globalgrind.com), without our client's license, authorization or consent

have employed our client's Image in a photo gallery under the heading "15 Rappers With

The Best Ad-Libs (LIST)".

You have further employed our client's image in connection

with an article entitled "Stay The F*ck Away Period! By Russell Simmons". Copies of at

least some of the offending uses are annexed hereto as Exhibit"B".

Mr. Djerrahian is well known as the creator of the subject images. Notwithstanding

no one from your company, nor an agent thereof, has ever sought or obtained a license from

Mr Djerrahian to employ the subject image for any purpose whatsoever. Rather, you appear

to have simply employed the photographs at your election, without a license, authorization

or consentfrom the copyright holder; this directly violates the exclusive rights granted to the

copyright holder of the images.

As you must be aware, the use of a creator's photographic image without written

consent or license is violative ofthe United States Code, Title 17, and The Copyright Act.

Said federal statute affords the creator a plethora of remedies including one or more of the

following: monetary relief in the form of compensatory and or statutory damages, an award

of attorney's fees and/or an injunction directing removal of the offending materials from the

market placepending litigation.

Our client is committed to protecting his copyright and, as of the date of this letter, is

See inter alia,

involved in a litigation regarding the unauthorized use of his images.

Djerrahian v.

William Leonard Roberts, II p/k/a Rick Ross et al, 14-Cv-3291 (JPO)

(Southern District of New York).

This letter shall serve as notice that You immediately cease and desist any and all

unauthorized uses of our client's image. Any additional or further uses of our client's images

will be at yourperil.

If you are in possession of any contract, license, agreement or writing ofany kind or

nature upon which you intend to rely for the proposition that such usage is authorized or in

the alternative, conclusively establishes that our client's claim is without merit, formal

request is made herein to provide same. Such request is made pursuant to Federal Rule 11 in

license we will be

constrained to assume that such usage is violative of law. In such event, we intend to

a good faith

effort to obviate litigation. Failing the production of such

institute suit against your production and any other appropriate defendants in the United

States District Court forthe Southern District of New York forthwith.

In the event you are not in possession ofany exculpatory documents, and pursuant to

our obligations under Rule 11, Rule 130 (and any other substantially equivalent rules or

statutes), formal request is made herein for the following information and documents

reflecting or demonstrating therequested information:

1. The full nature and extent ofthe use of our client's image, in any and all

formats, inclusive of the broadcast media and websites described herein as

well as distribution on any other websites or programs owned, operated, or

affiliated by Your company, inclusive of: a description ofsuch uses, the

commencement ofthe terms ofsuch use(s), and location(s) ofsuch uses or

display.

2. Representative copies in any and all tangible form and media in which our

client's image were incorporated oremployed;

3. The source ofthe image(s) and the identities ofthe persons or companies

preparing, supplying, editing, and/or producing same;

4. Copies of written agreements or documents, with any and all persons or

entities, referencing the creation, and reproduction regarding the offending

use(s)of our client's image;

5. Copies of any documents in any format upon which you intend to rely for the

proposition that Mr. Djerrahian had knowledge ofand/or agreed to have his

images published by Your company, inclusive of any emails or documents of

any kind by and between Your company (and/or those acting on your behalf)

and Mr. Djerrahian (and/or those acting on his behalf);

6. Copies of any purported license or assignment relating to the images

referenced herein and issued to your company by any third party;

7. The nature and extent of any prospective iicense(s) you may be seeking to allow for prospective authorized use(s), or which will provide adequate time to

remove the offending images from the web obviating plaintiffs need to seek

judicial intervention for the purposes of obtaining an injunction prohibiting

any and all uses such offending uses ofhis image;

8. Copies of any copyright registrations filed with any government or agency

thereof referencing, relating or including the imagery complained of herein;

9. Copies ofwritten agreements or documents, with any and all persons or

entities with whom you have transferred, assigned, licensed, or provided the

image, which reference the subject images and/or any corresponding products

orpublications in which the image(s) are employed;

10. The identity ofall third parties to whom You supplied the image(s).

11. Data showing the web traffic and analytics for each page ofYour website that

has employed our client's Image without his license, authorization or consent.

12. Documents reflecting the sales figures and profits realized from use ofour

client's image by You, including but not limited to advertising sales, profits

and revenue for Your website and/or company;

Upon receipt of such information we can fairly consider and determine an

appropriate amount of compensation which may or may not include the granting ofa limited

license for prospective use or in the alternative, a brief period of time within which to permit

removal of the image from the

production.

It is not our client's preference to commence

litigation and he would prefer to resolve the matter promptly and amicably. In order to do so,

receipt of the above requested information within seven (7) business days ofdate is essential.

The following is to formally notify you, your company, its agents, employees and

contractors not to destroy, conceal or alter any goods, information, and/or images stored

melectronic form or generated by your computer systems or electronic devices including but

not limited to its web sites. This information appears relevant to the above matters and may

be unavailable from any other source.

As you may know, such electronic information can

easily be inadvertently destroyed and the failure to take reasonable measures to preserve it

pending the completion of discovery can result in sanctions being imposed against you or

your company. See, e.g., Cedars Sinai Med. Ctr. v. Superior Ct (1998) 18 Cal 4th 1 74 Cal

Rptr 2d 248; Zubulake v. UBS Warburg LLC (SDNY 2003) 220 FRD 212, 216

In order to comply with the discovery requests that we will make in this matter you

may need to provide electronic evidence in its native format. You may also need to provide

electronic documents, along with the metadata or information about data that is contained in

those electronic documents. Even when a paper copy of a document or file exists we will

also seek the documents or files in their electronic format so that we also receive the

information in the metadata. Our discovery requests will include certain data on your hard

drives, floppy discs, and backup files, and will include data not usually available to the

ordinary computer user, such as deleted files and file fragments.

Thus the electronic data and the storage devices in which they are kept that you are

obligated to maintain andpreserve during the pendency of the discovery planned in this case

mclude allof the following dataanddevices:

1. Electronic files including deleted files and file fragments, stored in machine-

readable format on magnetic optical or other storage media, including hard

drives or floppy disks in your client's desktop computers, laptop computers,

home personal computers, zip drives, external hard drives, usb keys, and the

backup media used for each;

2. E-mail, both sent and received, internally or externally;

3. Telephone files and logs such as voicemail and universal mobile

telecommunications systems (UMTS) data;

4. Word processing files, including drafts and revisions;

5. Spreadsheets, including drafts and revisions;

6.

Databases;

7. Electronic files in portable storage devices such as floppy discs, compact

discs, digital video discs, ZIP drives, thumb drives or pen drives;

8. Graphs charts and other data produced by project management software;

9. Data generated by calendaring, task management and personal information

management software, such as Microsoft Outlook;

10. Data created with the use of or stored on personal data assistants such as

PalmPilot inclusive ofsubstantially equivalent devices;

11. Data created, derived and/or edited with the use ofediting software such as

Photoshop, Adobe, and any accompanying software;

12. Data created with the use of paper and electronic mail logging and routing

software;

13. Internet and web-browser generated history files, caches, and "cookies"

generated by your client or at the workstation of each employee in your

client's employ and on any and all backup storage media;

14. Logs ofnetwork use by you and your distributors and/or customer's

employees, whether kept in paper or electronic format;

15. Copies of your backup tapes and the software necessary to reconstruct the data

on those tapes on each and every personal computer or workstation and

network server in your client's control and custody;

16. Electronic information in copiers, fax machines and printers;

17. Web-site files and records of any kind and all histories of those files;

18. All records of sales generated and processed through software for goods

employing the offending image.

19. Records, copies, reproductions and evidence set forth above existing or printed

onphysical paper or paper product(s).

As previously stated, and as your legal counsel will be aware, the failure to maintain

such information, and any other electronic information which may be called upon in discovery, can lead to severe penalties in the discretion of the Court. We strongly urge you to

retain independent legal counsel and provide him/her with a copy of this letter and its

enclosures.

We require delivery of the above sought documentation within seven (7) days of date

Absent an exculpatory document or license, any and all uses of our client's images will be

made at your peril. Should we fail to hear from either you or your counsel we will file suit in

the United States District Court against your company and any other appropriate defendants

without further notice.

cc: Armen Djerrahian via e mail

Encl.