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§ Form 19 Complaint for Copyright Infringement and Unfair Competition

Codes > Federal Rules of Civil Procedure > Appendix of > Form 19

Form 19. Complaint for Copyright Infringement and Unfair Competition

(Caption--See Form 1.)

    1. (Statement of Jurisdiction--See Form 7.)

    2. Before date, the plaintiff, a United States citizen, wrote a book entitled _______.

    3. The book is an original work that may be copyrighted under United States law. A copy of the book is attached as Exhibit A.

    4. Between date and date, the plaintiff applied to the copyright office and received a certificate of registration dated _______ and identified as date, class, number.

    5. Since date, the plaintiff has either published or licensed for publication all copies of the book in compliance with the copyright laws and has remained the sole owner of the copyright.

    6. After the copyright was issued, the defendant infringed the copyright by publishing and selling a book entitled _______, which was copied largely from the plaintiff's book. A copy of the defendant's book is attached as Exhibit B.

    7. The plaintiff has notified the defendant in writing of the infringement.

    8. The defendant continues to infringe the copyright by continuing to publish and sell the infringing book in violation of the copyright, and further has engaged in unfair trade practices and unfair competition in connection with its publication and sale of the infringing book, thus causing irreparable damage.

    Therefore, the plaintiff demands that:

        (a) until this case is decided the defendant and the defendant's agents be enjoined from disposing of any copies of the defendant's book by sale or otherwise;

        (b) the defendant account for and pay as damages to the plaintiff all profits and advantages gained from unfair trade practices and unfair competition in selling the defendant's book, and all profits and advantages gained from infringing the plaintiff's copyright (but no less than the statutory minimum);

        (c) the defendant deliver for impoundment all copies of the book in the defendant's possession or control and deliver for destruction all infringing copies and all plates, molds, and other materials for making infringing copies;

        (d) the defendant pay the plaintiff interest, costs, and reasonable attorney's fees; and

        (e) the plaintiff be awarded any other just relief.

(Date and sign--See Form 2.)