On September 8, 2021, Christopher E. Talavera, an individual, and Turnkey Webtools, Inc., a California corporation (hereinafter collectively referred to as “Plaintiffs”), represented by Stephen L. Anderson of Anderson and Associates, filed an intellectual property lawsuit against Global Payments, Inc., Active Network, LLC, Heartland Payment Systems, LLC, and DOES 1 through 229 (collectively, “Defendants”), seeking injunctive relief and damages among other relief for the alleged copyright infringement. This case was filed in the United States District Court in the Southern District of California with Judges Todd W. Robinson and Andrew G. Schopler presiding.
In the complaint, Plaintiffs alleged that, “Defendants Global Payments, Active Network and Heartland each have had access to Plaintiff’s SunShop software. From August 12, 2008 through August 12 2012, Blue Bear Corporation, as part of the Active Network was a customer of Plaintiff located within this district that had purchased an annual ASP license from TWT, Inc. enabling it access to the software code and the right to use the SunShop software under license, annually until said license expired and was terminated on August 12, 2012.”
Plaintiffs further alleged that, “Upon information and belief, after the expiration of their license, and continuing to the present, Defendants and each of them used their initial access to Plaintiff’s software illegally and in violation of the express license terms, to modify Plaintiff’s code, to remove the access keys, and to copy and continue using Plaintiff’s software for the purpose of selling and distributing one or more webstore software products that are substantially similar to, and indeed slavish copies of Plaintiff SunShop software.”
Plaintiffs also alleged that, “It is further believed that Defendants have knowingly and intentionally infringed on Plaintiff’s copyrights and further caused hundreds, if not thousands of third parties to illegally access their infringing webstore software that has been sold, marketed and supported within this district and elsewhere” and “Plaintiffs are informed and believes that the Defendants, and each of them are knowingly, systematically and willfully selling and distributing infringing copies of the Plaintiff’s SunShop work.”
There are seven claims for relief laid down by Plaintiffs. The first claim is for the alleged copyright infringement. The second claim is for the alleged contributory and induced copyright infringement under 17 U.S.C. § 501, et seq. The third claim is for the alleged violation of Section 1201(a)(2) of the Copyright Act. The fourth claim is for the alleged false designation of the origin under §43(a) of the Lanham Act. The fifth claim is for the alleged trademark trade dress infringement under 15 U.S.C. § 1125(a). The sixth claim is for the alleged unfair competition for the violation of CAL. BUS. & PROF. CODE SECTIONS 17200 et. seq. and 17500 et.seq. The seventh claim is for the alleged unjust enrichment.
In its prayer for relief, Plaintiffs requested the court for injunctive relief against Defendants and an order for impounding all copies of Plaintiffs’ copyrighted work and destruction of all the infringing copies of the same. Plaintiffs then requested the court for damages along with statutory damages, monetary damages, and disgorgement of all gains, profits, and advantages suffered by Plaintiff. Plaintiffs also requested the court for punitive damages and costs for this action and any other relief the court deems just.
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Pending - Other Pending
Todd W. Robinson
Andrew G. Schopler
Christopher E. Talavera an individual formerly doing business as Turnkey Web Tools
Turnkey Web Tools, Inc.
Global Payments, Inc.
Active Network, LLC
Heartland Payment Systems, LLC
Does 1 through 229
Stephen L Anderson
Attorney at Anderson and Associates
27247 Madison Avenue, Suite 121
Temecula, CA 92590-5675
(#2) Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (fth) (Entered: 09/08/2021)
Civil Cover Sheet
Docket(#2) Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (fth) (Entered: 09/08/2021)Read MoreRead Less
Docket(#1) COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 402 receipt number ACASDC-16112228.), filed by Turnkey Web Tools, Inc., Christopher E. Talavera. (Attachments: #1 Civil Cover Sheet, #2 Copyright Form) [Copyright Form Mailed]The new case number is 3:21-cv-1585-TWR-AGS. Judge Todd W. Robinson and Magistrate Judge Andrew G. Schopler are assigned to the case. (Anderson, Stephen) (fth) (Entered: 09/08/2021)Read MoreRead Less
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