JS44C/SDNY CIVIL COVER

REV. 4/2014 JUDGFCOTP

The JS-44 civil cover sheet andtne information contained herein neither replace nor supplement the filing
pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the
Judicial Conference of the UnitedStates in September 1974, is required for use of the Clerk of Court for the purpose of
initiating the civil docket sheet.
2,4 CV
7M47
red bvthe "* W '2014
PLAINTIFFS DEFENDANTS
ARMEN DJERRAHIAN GLOBAL GRINDDIGITAL, INC. A/K/A GG DIGITAL, INC.,
and
RUSSEL SIMMONS
ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER ATTORNEYS (IFKNOWN)
Edward C. Greenberg, LLC
570 Lexington Avenue, 19th Floor, New York, NY 10022
(212) 697-8777
CAUSE OFACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE)
(DO NOT CITE JURISDICTIONALSTATUTES UNLESS DIVERSITY)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, wasthis case Vol. Q Invol. Q Dismissed. No Q Yes Q If yes, give date &Case No.
ISTHISANINTERNATIONAL ARBITRATION CASE?
(PLACEAN[x] INONEBOXONLY)
TORTS
No 0 Yes
NATURE OF SUIT
ACTIONS UNDER STATUTES
CONTRACT PERSONAL INJURY PERSONAL INJURY
[ ) 367 HEALTHCARE/
FORFEITURE/PENALTY BANKRUPTCY
I ] no INSURANCE [ ] 310 AIRPLANE PHARMACEUTICAL PERSONAL , , 626DRUG RELATED
[ ] 422 APPEAL
[ ]120 MARINE [ ] 315 AIRPLANE PRODUCT INJURY/PRODUCT LIABILITY
SEIZURE OF PROPERTY
28 USC 158
I ]130 MILLER ACT LIABILITY [ ] 365 PERSONAL INJURY
21 USC 881
[ ] 423 WITHDRAWAL
I 1140 NEGOTIABLE [ ] 320 ASSAULT, LIBEL & PRODUCT LIABILITY
[ ] 690 OTHER
28 USC 157
INSTRUMENT SLANDER [ ] 368 ASBESTOS PERSONAL
I 1150 RECOVERY OF [ ] 330 FEDERAL INJURY PRODUCT
OVERPAYMENT & EMPLOYERS' LIABILITY PROPERTY RIGHTS
ENFORCEMENT LIABILITY
OF JUDGMENT [ ] 340 MARINE PERSONAL PROPERTY W 820 COPYRIGHTS
[ ]151 MEDICARE ACT [ ] 345 MARINE PRODUCT [ ] 830 PATENT
[ 1152 RECOVERY OF LIABILITY [ ] 370 OTHER FRAUD [ ] 840 TRADEMARK
DEFAULTED [ ] 350 MOTOR VEHICLE [ ] 371 TRUTH IN LENDING
STUDENT LOANS [ ] 355 MOTOR VEHICLE
(EXCL VETERANS) PRODUCT LIABILITY SOCIAL SECURITY
I ]153 RECOVERY OF [ ] 360 OTHER PERSONAL
OVERPAYMENT INJURY [ ] 380 OTHER PERSONAL LABOR [ ]861 HIA(1395ff)
OF VETERAN'S [ ] 362 PERSONAL INJURY - PROPERTY DAMAGE [ ] 862 BLACKLUNG (923)
BENEFITS MED MALPRACTICE [ ] 385 PROPERTY DAMAGE [ ] 710 FAIR LABOR [ ] 863 DIWC/DIWW (405(g))
I 1160 STOCKHOLDERS PRODUCT LIABILITY STANDARDS ACT [ ] 864 SSID TITLE XVI
SUITS [ ] 720 LABOR/MGMT [ ] 865 RSI (405(g))
[ ]190 OTHER PRISONER PETITIONS RELATIONS
CONTRACT [ ] 463 ALIEN DETAINEE [ ] 740 RAILWAY LABOR ACT
[ 1195 CONTRACT [ ] 510 MOTIONS TO
[ ] 751 FAMILY MEDICAL
LEAVE ACT (FMLA)
FEDERAL TAX SUITS
PRODUCT ACTIONS UNDER STATUTES VACATE SENTENCE
LIABILITY 28 USC 2255 [ ] 870 TAXES (U.S. Plaintiff or
[ ] 196 FRANCHISE CIVIL RIGHTS [ ] 530 HABEAS CORPUS i ) 790 OTHER LABOR Defendant)
[ ] 535 DEATH PENALTY LITIGATION [ ] 871 IRS-THIRD PARTY
REAL PROPERTY
[ ] 440 OTHER CIVIL RIGHTS
(Non-Prisoner)
[ ] 540 MANDAMUS & OTHER [ ] 791 EMPL RET INC
SECURITY ACT
26 USC 7609
[ ] 441 VOTING IMMIGRATION
1 1210 LAND [ ] 442 EMPLOYMENT PRISONER CIVIL RIGHTS
CONDEMNATION [ ] 443 HOUSING/
[ ] 462 NATURALIZATION
[ ]220 FORECLOSURE ACCOMMODATIONS [ ] 550 CIVILRIGHTS APPLICATION
[ ]230 RENT LEASE & [ ] 445 AMERICANS WITH
[ ] 555 PRISON CONDITION [ ] 465 OTHER IMMIGRATION
EJECTMENT DISABILITIES -
[ ] 560 CIVIL DETAINEE ACTIONS
[ ]240 TORTS TO LAND
EMPLOYMENT
CONDITIONS OF CONFINEMENT
[J245 TORT PRODUCT
LIABILITY
[ ] 446 AMERICANS WITH
DISABILITIES -OTHER
[ ]290 ALL OTHER
REAL PROPERTY
[ 1448 EDUCATION
OTHER STATUTES
I 1 375 FALSE CLAIMS
[ ] 400 STATE
REAPPORTIONMENT
[ ] 410 ANTITRUST
[ ] 430 BANKS & BANKING
[ ] 450 COMMERCE
[ ] 460 DEPORTATION
[ ] 470 RACKETEER INFLU
ENCED & CORRUPT
ORGANIZATION ACT
(RICO)
[ ] 480 CONSUMER CREDIT
[ ] 490 CABLE/SATELLITE TV
[ ] 850 SECURITIES/
COMMODITIES/
EXCHANGE
[ ] 890 OTHER STATUTORY
ACTIONS
[ ] 891 AGRICULTURAL ACTS
[ ] 893 ENVIRONMENTAL
MATTERS
[ ] 895 FREEDOM OF
INFORMATION ACT
[ ] 896 ARBITRATION
[ ] 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION
[ ] 950 CONSTITUTIONALITY OF
STATE STATUTES
Checkif demanded incomplaint:
CHECK IF THIS IS ACLASS ACTION
UNDER F.R.C.P. 23

<Lf <LP S40 IJ OS 3!^

DEMAND $_ OTHER
Check YES onlyifdemanded incomplaint
JURY DEMAND: E YES DNO
(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 BOXONLY) ORIGIN
I*] 1 Original 2 Removed from L_I 3 Remanded D 4 Reinstated or O 5 Transferred from Q 6 Multidistrict 7Appeal to District
Proceeding State Court from Reopened (Specify District) Litigation Judge from
a. ,llP,rti.srp,.n.d APPate Magistrate Judge
L' K K Court Judgment
I | b. At least one
party is pro se.
(PLACEANxINONEBOXONLY) BASIS OF JURISDICTION IF DIVERSITY, INDICATE
D 1 U.S. PLAINTIFF 2 U.S. DEFENDANT [x] 3 FEDERAL QUESTION \J4 DIVERSITY CITIZENSHIP BELOW.
(U.S. NOT A PARTY)
CITIZENSHIP OF PRINCIPAL PARTIES (FORDIVERSITY 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) ANDCOUNTY(IES)
ARMEN DJERRAHIAN, 164 Russell St, #2R, Brooklyn, New York, 11222
DEFENDANT(S) ADDRESS(ES) ANDCOUNTY(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
REPRESENTATIONIS HEREBYMADE THAT, ATTHIS TIME, I HAVE BEEN UNABLE, WITH REASONABLEDILIGENCE, 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 /SIGNATURE.Of ATTORNEY OF RECORD ^ ADMITTED TO PRACTICE IN THIS DISTRICT
4f/r7//ir As s? ss~ ^/ mno
V / / >>^J^, ^F ^^/ , [] YES (DATE ADMITTED Mo. 10 Yr. 82
RECEIPT* y/Xyy^y/^^/^::^lf'/ /&&r" Attorney Bar Code #5553
Magistrate Judge is to be designated by the Clerk of the Court.*,.
Magistrate Judge ^^i^EMAlfl is so Designated.
Ruby J. Krajick, Clerk of Court by Deputy Clerk, DATED .
UNITED STATES DISTRICT COURT(NEWYORKSOUTHERN)
Clear Form Save Print
4U0GEC0TE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ARMEN DJERRAHIAN,
Plaintiff,
14 CV
against
GLOBAL GRIND DIGITAL, INC. A/K/A GG
DIGITALJNC, and RUSSELL SIMMONS,
Defendants.
7547
COMPLAINT
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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, 10018 and
is licensed to do business in the State of New York.
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
NewYork. Uponinformation 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 NewYork 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 onThe 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.. .Period! By Russell Simmons", a copy of which is
annexed hereto as Exhibit "C".
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 Plaintiff s Image.
33. That, upon information and belief, SIMMONS had the right and ability to
supervise and infact did supervise the selection and publication of the Subject Image.
34. Upon information andbelief, SIMMONS personally participated in theselection
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 onits website. That such allegation is not speculative but based on
actual knowledge, thedetails 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 theSubject Image inany 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 toGLOBAL GRIND, advising it, inter alia, toremove the Subject Image from
their website, that GLOBAL GRIND's uses of DJERRAHIAN's Image was inviolation of
DJERRAHIAN's copyright, and that GLOBAL GRIND had no right touse the Image inany
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 ofat least some ofGLOBAL GRIND's offending
uses of the Image.
40. Defendant, byits counsel, issued responses toplaintiffs requests ona
confidential basis. Despite same, the parties have been unable to reach a resolution, sans judicial
intervention.
41. Plaintiff is committed toprotecting hiscopyright inthe 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
plaintiffsother litigation against Ross et al, index number 14-cv-3291 (JPO).
44. Upon information andbelief, the defendants are a sophisticated licensors and
licensees of intellectual property and employ attorneys and/or systems orprotocols tosecure
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 ofplaintiffs Image by
GLOBAL GRIND are unknown toPlaintiff as ofthis 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 beascertained through discovery inthis 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)' uses of the Subject Image was
willful, intentional and in bad faith.
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, knewor shouldhave knownthat Plaintiff held the copyright in
the Subject Image, that defendants never had (at any of the relevant times herein) a license,
consent, or authorizationby Plaintiff for the use of Plaintiff s Image on its website or in any other
medium ofnews source employed by defendants, orone ormore ofthem, 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 aprofessional photographer who
earns his livelihood by licensing rights to third parties to employ his photographic images.
55. The Copyright Act enables a prevailing plaintiff toelect torecover statutory
damages attorneys' fees and costs under Section 504 and 505 of the Copyright Act, 17 U.S.C.
Section 101 et., seq., oras an alternative tostatutory 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 17U.S.C. Sections 504(a)-(b).
56. That Plaintiff has been harmed inanamount to be determined bythisHonorable
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 byjury of all issues.
WHEREFORE, plaintiffdemands judgment as against the defendant as follows:
ONTHE FIRSTCOUNT- (A) Award toplaintiff his actual damages incurred asa result
of defendants infringements, and all profits realized as a result oftheir infringements, inamounts
tobe determined at trial but inanamount tobedetermined by this Court; or (B) inthe
alternative, at plaintiffs election, award to plaintiff maximum statutory damages pursuant to 17
U.S.C. 504 for each individual act ofinfringement, and for an order ofinjunction permanently
enjoining and prohibiting the defendant, including but not limited to wholly owned subsidiaries,
from employing or utilizing inany manner or media whatsoever, including all future uses, sales,
transfers, assignments, or licensing of any and all of plaintiffs copyrighted images, pursuant to
17U.S.C. 502and for an award of costs and attorneys' fees pursuant to 17U.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 bythe 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
Attorneysfor Plaintiff
Certificate of Registration
o'*?Xy. "I'^'sCertificate issuedunder thesealof theCopyright
Office in accordance Willi title 17, Untied Slates Coiic.
ntteste that registration has been madefor thework
identified below, "1tie information on this certificate has
been madea pan of the CopyrightOifke records.
^^ TTLLA'tiu.
>vcXt
Registration Number
VA 1-908-336
Effective date of
registration:
April 4,2014
Register of Copyrights.UnitedStatesof America
Title
Title of Work: XXLMagazinerRick Ross
Number 4 Date m Copiesiuly'Aug 2010
Title of LargerWork: XXL MagaanrrickrossOIc
Number 01c Dateon Copiejuly/Aug 2010
XXL Magazine:rickross02c
Number 02c Date on Corjfesjuly/Aug20l0
XXL MagazinerrickrossOJc
Number 03c Dateon Copfesjuiy/Aug 2010
XXL Magane:rickros$04c
Number 04c Dateon CojriesJuly/Aug 2010
Completion/Publication
Author
YearofContpIetia*: 2010
Dite of 1st Publication: June 15, 2010
Author: Armen Charles Djerrahian
Pseudonym: ARMEN
Author Created: photograpfKs)
Citizen of: France
Year Bon: 1969
Pseudonymous: Yes
Nation of 1st Publication: United States
Domiciled In: Mnitcd States
Page lof 2
Registrations: VAOOOl908336
Service Request*: 1-1338622681
Armen Charles Djerrahian
164 Russell Street, Apt#2R
Brooklyn, NY 11222
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Edward C. Greenberg, LLC
COUNSELORS AT LAW
570LEXINGTON AVENUE, 19th FLOOR
NEW YORK, NY 10022
TELEPHONE: (212) 697-8777
FACSIMILE: (212)697-2528
[email protected]
Tamara L. Lannin
[email protected] OfCounsel:
Debra S. Reiser
May 14, 2014
BY HAND DELIVERV
Rush Communications
Global GrindDigital Inc.
Nashon L. Craig, Esq.
Vice President, Business &Legal Affairs
512 Seventh Avenue, 43rd Floor
New York, NY 10018
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
Grind" (www.globalgrind.com), without our client's license, authorization or consent You
have employed our client's Image in aphoto 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 asExhibit "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 alicense 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 theimages.
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 ofremedies including one or more ofthe
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
involved in a litigation regarding the unauthorized use of his images. See inter alia,
Djerrahian v. William Leonard Roberts, II p/k/a Rick Ross et al, 14-Cv-3291 (JPO)
(Southern District of NewYork).
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.
Ifyou 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
a good faith effort to obviate litigation. Failing the production ofsuch license we will be
constrained to assume that such usage is violative of law. In such event, we intend to
institute suit against your production and any other appropriate defendants in the United
States District Court fortheSouthern 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 ofour client's image, in any and all
formats, inclusive ofthe 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: adescription 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 ofwritten 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 ofany 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 ofany 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 ofany purported license or assignment relating to the images
referenced herein and issued to your company by any third party;
7. The nature and extent ofany prospective iicense(s) you may be seeking to
allowfor 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 ofobtaining an injunction prohibiting
any and all uses such offending uses ofhis image;
8. Copies ofany copyright registrations filed with any government or agency
thereof referencing, relating or including the imagery complained ofherein;
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 inwhich 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 ofcompensation which may or may not include the granting ofalimited
license for prospective use or in the alternative, abrief period of time within which to permit
removal ofthe 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 apaper copy of adocument 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
obligatedto maintain andpreserve during the pendency ofthe discovery planned in this case
mclude all of thefollowing 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 ofor 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 orelectronic 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 ofthose files;
18. All records ofsales 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 ofthe 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 ofthe 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.