Claim

Docket number: 23-CCB-0168
Filed date: 05/13/2023 01:09 AM EDT

United States Copyright Claims Board

Chris Blackerby

Claimant

Edgar Ramos

Respondent

Claim

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Type

A claim for infringement

A claim for misrepresentation under 17 U.S.C. 512(f)

Would you like to proceed as a "smaller claims" proceeding (including the $5,000 monetary limit) instead of the standard CCB small claims proceeding?

Yes

Claimant

Name

Chris Blackerby

City

Clearwater, FL

Authorized representative information

Name

Chris Blackerby

City

Clearwater, FL

Respondent

Name

Edgar Ramos

Infringement claim: Works infringed

Title of work

Kettlebell Workouts Poster

Author(s)

Rahul Arora; Citizenship: India. Authorship: 2-D artwork.

Has the work been registered by the Copyright Office?

Yes

Registration number

VA0002248954

Effective date

04/16/2021

Type of work

Pictorial Graphic and Sculptural (such as two-dimensional and three-dimensional works of art, graphic art, and photographs)

Describe the work

Poster consisting of various exercises to perform with a kettlebell

Infringement claim: Wrongful activities

Wrongful activities

Reproduce the work

Distribute copies of the work

Is the infringement ongoing?

Infringement dates

unkown - April 2023

Where the alleged infringing acts occurred, such as a physical place or online. If unknown, type unknown.

This individual sells infringing content on his Etsy store located here: https://www.etsy.com/shop/KnudsonDecor?ref=related&listing_id=1253507198 He sells copies of art from many different content creators and major brands.

Describe the infringement

This seller was selling a copy of our Kettlebell workout poster with minor modifcations to it in his Etsy store located at https://www.etsy.com/listing/1338583379/kettlebell-workouts-poster-fitness (content has since been removed). I submitted a DMCA takedown notice to Etsy. The seller submitted a fraudulent counter notice which required me to file this action.

Are any of the respondents online service providers?

Description of harm suffered and relief sought

The seller is selling unauthorized copies of our kettlebell poster which we also sell online and is depriving us of sales.

Misrepresentation claim: Wrongful activities

Who sent the DMCA takedown notice(s)?

Edgar Ramos

What online service provider(s) received the DMCA takedown notice(s)?

Etsy

List date(s) takedown notice(s) was/were sent

3/2/2023

Describe the content of the takedown notice(s)

Kettlebell workout poster

Were any counter notices sent?

Yes

Who sent the counter notice(s)?

Edgar Ramos

What online service provider(s) received the counter notice(s)?

Etsy

List date(s) counter notice(s) was/were sent

5/12/2023

Describe the content of the counter notice

Edgar Ramos stated: "I swear under penalty of perjury that I have a good faith belief that the material was removed or disabled by mistake or because of misidentification of the material."

Misrepresentation occurred in the counter-notice.

Yes

Words that made up the misrepresentation and explanation of the misrepresentation

He stated: "I swear under penalty of perjury that I have a good faith belief that the material was removed or disabled by mistake or because of misidentification of the material. I consent to the jurisdiction of Federal Court for the judicial district in which I am located, or if my address is outside of the United States, for any judicial district in which Etsy is located, and that I will accept service of process from the person who provided the original notification or an agent of such person."

Description of harm suffered and relief sought

Continued work in filing this action to prevent his infringing content from being sold on Etsy.

Documentation

Claim

Claim details

Authorized representative information