8/13/2019 IDSi v. City of New York http://slidepdf.com/reader/full/idsi-v-city-of-new-york 1/12 JS 44C/SDNY REV. 1/2014 «JUB £ SWEET c^il^er CM * 77 Cl The JS-44 civil coversheet and the information contained herein neither replace nor supplement the filingand serviceof pleadingsor other papers as required by law, except as providedby local rules of court. This form, approved by the JudicialConferenceofthe United States in September1974, is requiredfor use ofthe Clerk of Court for the purpose of initiating the civil docket sheet. B0S 2014 PLAINTIFFS IDSi International Inc. DEFENDANTS TheCityof New York and The New York CityDepartmentof Environmenta Protection ATTORNEYS(FIRMNAME,ADDRESS, ANDTELEPHONE NUMBER Gabor & Marotta LLC 1878 Victory Boulevard Staten Island, NewYork10314 (718) 390-0555 CAUSE OFACTION CITE THE U.S. IVIL STATUTE UNDER WHICH YOU ARE FILING ND WRITE A BRIEF STATEMENT OF CAUSE (DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY) 17 U.S.C. § 101 et seq.,for copyright infringement for violation of IDSi's exclusive rights of reproduction &distribution ofa derivativework ATTORNEYS(IF KNOWN) Has this ora similarcase been previously filed in SDNY at any time? No [x] Yes • Judge Previously Assigned If yes,was thiscase Vol. • Invol. • Dismissed. No • Yes • Ifyes, givedate & Case No. IS THIS N INTERN TION L R ITR TION CASE? Np E3 YeS Q PLA CEAN[x] IN ONEBOX ONL Y NATURE OF SUIT ACTIONS UNDER STATUTES PERSONAL INJURY PERSONAL INJURY FORFEITURE PENALTY B NKRUPTCY [] 42 2 APPEAL 28 USC 158 [] 42 3 WITHDRAWAL 28 US C 15 7 OTHER STATUTES []110 []120 [ 1130 []140 []150 []151 [J 152 []310 []315 [ ]320 [ ]330 []340 []345 [ ]350 [ ]355 [J 360 AIRPLANE AIRPLANE PRODUCT LIABILITY ASSAULT, L IB EL & SLANDER FEDERAL EMPLOYERS' LIABILITY MARINE MARINE PRODUCT LIABILITY MOTOR VEHICLE MOTOR VEHICLE PRODUCT LIABILITY OTHER PERSONAL INJURY [ J362 PE RSONAL INJURY- [ ]610 MED MALPRACTICE [ ]620 [J 3 65 P ER SO NA L INJURY PRODUCT LIABILITY [ ]625 [ ] 368 A SB ES TO S PE RS ON AL INJURY PRODUCT LIABILITY PERSONAL PROPERTY [1370 [J 371 [ ]380 [ ]385 OTHER FRAUD TRUTH IN LENDING O T H E R P E R S ON A L PROPERTY DAMAGE PROPERTY DAMAGE PRODUCT LIABILITY [J 63 0 [ ]640 [ ]650 [ ]660 [I 69 0 AGRICULTURE OTHER FOOD & DRUG DRUG RELATED SEIZURE OF PROPERTY 21 US C 88 1 L IQ U O R L A W S RR & TRUCK AIRLINE REGS OCCUPATIONAL SAFETY/HEALTH OTHER PROPERTY RIGHTS N820 COPYRIGHTS [ ]830 PATENT [I 84 0 TRADEMARK [| 400 [ 1410 [I 430 [I 450 [I 460 [I 470 [ )480 [ ]490 [ 1810 [I 85 0 []153 []160 [' 190 []195 []196 INSURANCE MARINE MILLER AC T NEGOTIABLE INSTRUMENT RECOVERY OF OVERPAYMENT ENFORCEMENT OF JUDGMENT MEDICARE AC T RECOVERY OF DEFAULTED S T U D E NT L O A NS (EXCLVETERANS) RECOVERY OF OVERPAYMENT OF VETERAN'S BENEFITS STOCKHOLDERS SUITS OTHER CONTRACT CONTRACT PRODUCT LIABILITY FRANCHISE PRISONER PETITIONS SOCIAL SECURITY [ J861 H IA (1 39 5ff) [ ]862 B LA CK LU NG ( 9 23 ) [ ] 863 DIWC/DIWW(405(g)) [J 8 64 S SI D TITLE XVI [ J865 RS I ( 40 5( g)) L BOR []710 FAIR LABOR STANDARDS ACT [] 72 0 LABOR/MGMT RELATIONS LABOR/MGMT REPORTING & DISCLOSURE AC T RAILWAY LABORACT OTHER LABOR LITIGATION EMPL RE T INC S E C U RI T Y A C T [1875 [ ]890 [ ]891 [ 1892 [ ]893 [1894 [ ]895 [ ]900 [J 95 0 STATE REAPPORTIONMENT ANTITRUST BANKS & BANKING COMMERCE DEPORTATION RACKETEER INFLU ENCED & CORRUPT ORGANIZATION ACT (RICO) CONSUMER CREDIT CABLE/SATELLITE TV SELECTIVE SERVICE SECURITIES/ COMMODITIES/ EXCHANGE CUSTOMER CHALLENGE 12 US C 3410 OTHER STATUTORY ACTIONS AGRICULTURALAC TS ECONOMIC STABILIZATION AC T ENVIRONMENTAL MATTERS ENERGY ALLOCATION ACT FREEDOM OF INFORMATIONAC T A P PE A L O F FEE DETERMINATION UNDER EQUAL ACCESSTO JUSTICE CONSTITUTIONALITY OF STATE STATUTES [1510 ACTIONS UNDER STATUTES CIVIL RIGHTS [ ]441 VOTING [J 442 EMPLOYMENT [] 443 HOUSING/ ACCOMMODATIONS [] 44 4 WELFARE [J 44 5 AMERICANS WITH DISABILITIES - EMPLOYMENT [ ]446 AM ER IC AN S W IT H DISABILITIES -OTHER []440 OTHER CIVIL RIGHTS (Non-Prisoner) MOTIONS TO VACATE SENTENCE 28 US C 2255 HABEAS CORPUS DEATH P E N A LT Y MANDAMUS & OTHER [1730 FEDERAL TA X SUITS [ ]870 TAXES (U.S. Plaintiff or Defendant) [ J871 I RS -T HI RD PAR TY 26 US C 7609 REAL PROPERTY [1210 [ ]220 [ ]230 []240 []245 [ ]290 LAND CONDEMNATION FORECLOSURE R E N T L E A SE & EJECTMENT TORTSTO LAND TORT PRODUCT LIABILITY ALL OTHER REAL PROPERTY Check if demanded in complaint CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 D EM AN D $ OTHER Check YES onlyifdemandedin complaint JURY DEMAND: • YES • NO [J 53 0 [ ]535 [ ]540 PRISONER CIVIL RIGHTS [I 550 CIVILRIGHTS [] 555 PRISON CONDITION [ 1740 [ 1790 [J 791 IMMIGRATION [ 1462 NATURALIZATION APPLICATION [1 463 HABEAS CORPUS- ALIEN DETAINEE [] 46 5 OTHER IMMIGRATION ACTIONS DO YOU CLAIM THISCASEIS RELATED TO A CIVIL CASE NOW PENDING IN SDNY IF SO , STATE: JUDGE DOCKET NUMBER NOTE: You must also submit atthe time offilingthe Statement of Relatedness form (Form IH-
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
JS 44C /SD N YR E V. 1 / 2 0 1 4 «JUB £SWEET c^il^erCM * 7 7 Cl
TheJS-44civilcoversheetand theinformationcontained herein neither replacenorsupplementthe filingand serviceofpleadingsorother papersas requiredby law, exceptas providedby local rules of court. This form,approved by theJudicialConferenceofthe UnitedStates in September1974,is requiredforuse ofthe ClerkofCourtforthepurposeofinitiating the civil docket sheet.
B 0 S 2014
PLAINTIFFS
IDSi In ternat ional Inc.
D EFEN D A N TS
The Cityof New York and The New York CityDepartmentof EnvironmentaPro te c t ion
ATTORNEYS (FIRM NAME,ADDRESS, ANDTELEPHONE NUMBERGa bor & Marotta LLC
1878 Victory BoulevardStaten Island, NewYork10314 (718) 390-0555
CAUSEOFACTION CITETHE U.S. IVILSTATUTEUNDER WHICHYOUAREFILING NDWRITEABRIEF STATEMENT OFCAUSE(DO NOT CITE JURISDICTIONALSTATUTES UNLESSDIVERSITY)
17 U.S.C.§ 101 et seq.,forcopyright infringementforviolationof IDSi's exclusiverightsofreproduction&distributionofa derivativework
ATTORNEYS (IF KNOWN)
Has thisora similarcase been previouslyfiled in SDNYatany time? No [x] Yes • Judge PreviouslyAssigned
10. This action has been commenced against the Defendants, THE CITY OF NEW YORK
and THE NEW YORK DEPARTMENT OF ENVIRONMENTAL PROTECTION, within the
period of one (1) year and ninety (90) days after the cause of action upon which this claim is
ba s e d accrued .
O C C U R R E N C E S
11. The Tier II Manager software program (the Software ) was created by IDSi and first
published for use by licensees in 2002.
12. In December 1984, some 500,000 people were exposed to methyl isocyanate gas and
other chemicalsas a result of a gas leak in Bhopal, India. Over 3,500 deathswere reported bythe Indian government, and the incident set of f worldwide concerns and a call for
implementationof systems designedto contend with such disasters and coordinate government
and international responses.
13. Plaintiff and its predecessorsspent over 7 years in research and developmentto create a
software system that was effective but easy to use, andcouldbe implemented by anygovernment
agency or private sector entity.
14. The Tier II Manager programwas thereby developedby Plaintiff to provide a highly
effective and efficient system to meet EPA regulatory reportingrequirements as specified under
EPA SARATitle III, Emergency Planning and Community Right to Know Act of 1986.
15. The Tier II Manager programprovides a unique and highly sophisticated reporting and
response system for municipalities and businesses and has been licensed for use in 15 different
states in the U.S., with over 350,000 businessesand over 2,000 local government agenciesusing
24. On October 18, 2013 Plaintiff sent Defendants a letter demanding that DEP cease and
desist from anyfurther infringement of Plaintiff s valuable intellectual property rights.
25. The City of New York continues to use the pirated version of IDSi's renowned software
program without license, authority or permission.
26. IDSi is the sole proprietor of all right, title and interest in and to the Software, and has not
conveyed or assigned same to any other entity or person.
27. The City of New Yorkcontinues to infringe the Plaintiffs copyrights, causing irreparable
harm and thepotential loss of ongoinglicensingrevenues from other duly licensed licenseesand
potential licensees.
A S AND FO R A FIRST C A U S E OF AC TION: COPYRI GHT INF R INGEM ENT
28. Plaintiff repleads and reallegeseach and every allegation of the foregoing paragraphs,as
if specifically pleaded herein.
29. Plaintiff did not authorize the copying, reproduction,distribution, performance or
d e ri v at iv e u s e s o f t h e S o f tw a r e .
30. Defendants had access to the Software and the source code by reason of its license
Agreement with Plaintiff.
31. Upon information and belief, the activities of Defendants complained of herein are
continuing,constitute willful and intentional infringementof Plaintiff's registered copyright,and
are in total disregard of Plaintiff's rights.
32. By reason of the foregoing, Defendants are liable to Plaintiff for willful copyrightinfringement in violation of the Copyright Act of 1976, 17 U.S.C. § 101 et seq., for actual and
statutory damages in an amount to be determined, but not less than TWO MILLION and 00/100
( 2,000,000) Dollars, for violation of Plaintiffs exclusive rightsof reproduction, distribution,
performance and the preparation of derivative works under 17 U.S.C. §106, together with its
consequential damages, statutory damages, plus interest, attorneys fees, costs and the
disbursements o f th is act ion .
AS A ND F OR A SECOND CAUSE OF A CTIO N : IN JU N CTION
33. Plaintiff repleadsand reallegeseach and every allegationof the foregoingparagraphs,as
if specifically pleaded herein.
34. As a result of the aforementioned occurrences, and continuing infringement of its
copyright,Plaintiff has been damaged and continues to suffer irreparable harm to its work for
which monetary damages may be insufficient.
35. By reason of the foregoing,Plaintiffis entitled to an injunction pursuant to 17 U.S.C.A.§
502 to prevent and restrain infringementby directing Defendants not to publish, distribute,
replicate or in any way infringe the copyrighted Software.
A S AN D FOR A THIR D CAUSE O F A C T IO N : A C C O U N TI N G
36. Plaintiff repleads and reallegeseach and every allegationof the foregoing paragraphs,as
if specifically pleaded herein.
37. As a result of Defendants' willful and knowing conduct, Defendantshave been unjustly
enriched by use of the copyrighted work of the Plaintiff without compensation to Plaintiff
therefor.
38. By reason of the foregoing, plaintiff is entitled to an Order pursuant to 17 U.S.C.A. § 504
foran accounting of profitsattributable to the infringement Plaintiffs copyrighted work. S N D F O R F O U R T H C U S E O F CTION B R E C H O F C O N T R C T
39. Plaintiff repeats, reiterates, and realleges each and every allegation contained in the
40. Pursuantto the License agreement,Defendantswere requiredto compensatethe Plaintiff
for any use of the Software.
41. Pursuant to Article 4.3 of the License agreement,Defendantsagreed not to replicate or
reverse engineer the Software.
42. By copying the source code and screen displays whichconstitute Plaintiffs copyright
protected materials, Defendants havebreachedthe express terms of the License.
43. By reason of the foregoing, Plaintiff has been damaged in an amount to be determined,
but not less than TWO MILLION and 00/100 ( 2,000,000) Dollars, together with its
consequential damages, plus interest, attorneys fees, costs and the disbursements of this action.
S A N D F O R A F IF TH C A U SE O F A C T I O N :
Q U AN TU M M E R IU IT A N D UNJUST E N R I C H M E N T
44. Plaintiff repeats, reiterates, and realleges each and every allegation contained in the
foregoing paragraphs as if fully restated herein.
45. Plaintiff performed valuable services at the request of Defendants, and the Defendants
benefitted thereby.
46. Defendantswere requiredto compensatethe Plaintiff for the requested servicesanduseof
the Software, b ut h av e n ot done so.
47. By reason of the foregoing,Plaintiff has been damaged in an amount to be determined,
but not less than TWO MILLION and 00/100 ( 2,000,000) Dollars, togetherwith itsconsequential damages, plus interest, attorneys fees, costs and the disbursements of this action.
S A N D F O R A S I X T H C A U S E O F A C T I O N :
B R E A C H O F G O O D FAI TH A N D FA I R D E A L I N G
48. Plaintiff repeats, reiterates, and realleges each and every allegation contained in the
foregoing paragraphs as if fully restated herein.
49. Plaintiff performed valuable servicesand allowed use of its intellectual property at the
request of Defendants.
50. It was the understandingand expectationof the parties that if Plaintiff compliedwith the
Agreement, Plaintiff would be duly compensated.
51. Defendants failed to cooperate with Plaintiff in good faith.52. Defendantsacted in bad faith by failing to keep up payment on submitted invoices,by
secretly copying the source code of the Software, and by reverse engineering the Software to
create a mirror image program without payment to the Plaintiff.
53. By reason of the foregoing, Plaintiff has been damaged in an amount to be determined,
but not less than TWO MILLION and 00/100 ($2,000,000) Dollars, together with its
consequential damages, plus interest, attorneys fees, costs and the disbursements of this action.
W H E R E F O R E P l a i nt i f f d e m a n ds :
(1) That judgment be entered in favor of Plaintiff for such damages as Plaintiff has
sustained in consequence of Defendants' infringement of said copyright;
(2) That an order be entered compelling Defendantsto accountfor all gains, profitsand advantages derivedby each Defendantby its infringement of Plaintiffs copyrights, or such
damagesasto the Courtshall appearproper withintheprovisions of the CopyrightAct.
That I am the President of the Plaintiff corporation, IDSi INTERNATIONAL INC. inthe action herein; I have read the within Complaint and know the contents thereof, and the sameis true to my knowledge, except as to those matters therein which are stated to be alleged oninformation and belief, and as to those matters, I believe them to be true based upon the books
and records of the defendant corporation.
Sw o rn t o b e fo re m e th is
u ] day of January, 2014
7 YOUNG HEE KSM
NOTARY PUBLIC
S TAT E O F N E W J E R S E YMYCOMMISSION EXPIRES AUGUST 3,2015