Case 2:23-cv-02037-WJM-JSA Document 1 Filed 04/11/23 Page 1 of 16 PageID: 1

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

Djamilla Cochran,
Case No:
Plaintiff,

v. COMPLAINT

Dipset Couture LLC, Cameron E.

Giles a/k/a Cam’ron, and
Triangulo Swag LLC,

Defendants.

Plaintiff Djamilla Cochran (“Plaintiff”), located at P.O. Box 1886 Agiou

Georgiou 3, Agria Magnesia 37300 Greece, by and through her undersigned counsel,

for her Complaint against Defendant Dipset Couture LLC, with a principal place of

business at 24 Commerce Street, Suite 1002, Newark, New Jersey 07102, Defendant

Cameron E. Giles a/k/a Cam’ron, with a principal place of business at 24 Commerce

Street, Suite 1002, Newark, New Jersey 07102, and Defendant Triangulo Swag LLC,

with a principal place of business at 271 Wagenen Avenue, Jersey City, New Jersey

07601 (hereinafter collectively “Defendants”), states and alleges as follows:

INTRODUCTION

1. This action seeks to recover damages for copyright infringement under

the Copyright Act, 17 U.S.C §101 et seq.

2. Plaintiff created a photograph of musician Cameron E. Giles a/k/a

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Cam’ron wearing a pink jacket and headwear at the Mercedes-Benz Fashion Week

Show in New York (the “Photograph”) in which Plaintiff owns the rights and

licenses for various uses including online and print publications.

3. Defendant Dipset Couture LLC is an apparel company which owns and

operates a website at URL: dipsetcouture.us (the “Website”).

4. Defendant Cameron E. Giles a/k/a Cam’ron owns and operates a social

media account on Instagram at www.instagram.com with the name “mr_camron”

(“IG Account”).

5. Defendant Triangulo Swag LLC owns and operates a social media

account on Facebook at www.facebook.com with the name “@dipsetcouture97”

(“FB Account”).

6. Defendants collectively produce and sell merchandise including but not

limited to apparel, jewelry, and home goods.

7. Defendant Dipset Couture LLC, without permission or authorization

from Plaintiff, actively copied and displayed the Photograph on the Website as part

of various product listings (“Merchandise Listings”) and engaged in this misconduct

knowingly and in violation of the United States copyright laws.

8. Defendant Cameron E. Giles a/k/a Cam’ron, without permission or

authorization from Plaintiff, actively copied and displayed the Photograph on IG

Account in promotion of Defendants’ products including but not limited to the

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Merchandise Listings and engaged in this misconduct knowingly and in violation of

the United States copyright laws.

9. Defendant Triangulo Swag LLC without permission or authorization

from Plaintiff, actively copied and displayed the Photograph on FB Account in

promotion of Defendants’ products including but not limited to the Merchandise

Listings and engaged in this misconduct knowingly and in violation of the United

States copyright laws.

PARTIES

10. Plaintiff Djamilla Cochran is an individual who is a citizen of Greece

and who resides in Agria Magnesia, Greece.

11. Defendant Dipset Couture LLC is a New Jersey limited liability

company with a principal place of business at 24 Commerce Street, Suite 1002 in

Newark, New Jersey.

12. Defendant Cameron E. Giles a/k/a Cam’ron is a citizen of New Jersey

and who resides in North Brunswick Township, New Jersey.

13. Defendant Triangulo Swag LLC is a New Jersey limited liability

company with a principal place of business at 271 Van Wagenen Avenue in Jersey

City, New Jersey.

JURISDICTION AND VENUE

14. This Court has subject matter jurisdiction over the federal copyright

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infringement claims pursuant to 28 U.S.C. §1338(a) and 28 U.S.C. §1331.

15. This Court has personal jurisdiction over Defendant Dipset Couture

LLC because it maintains its principal place of business in New Jersey.

16. This Court has personal jurisdiction over Defendant Cameron E. Giles

p/k/a Cam’ron because he is domiciled in New Jersey.

17. This Court has personal jurisdiction over Defendant Triangulo Swag

LLC because it maintains its principal place of business in New Jersey.

18. Venue is proper under 28 U.S.C. §1391(a)(2) because Defendants do

business and/or reside in this Judicial District and/or because a substantial part of

the events or omissions giving rise to the claim occurred in this Judicial District.

FACTS COMMON TO ALL CLAIMS

A. Plaintiff's Copyright Ownership

19. Plaintiff is a professional photographer by trade who is the legal and

rightful owner of certain photographs which Plaintiff commercially licenses.

20. Plaintiff has invested significant time and money in building Plaintiff's

photograph portfolio.

21. Plaintiff has obtained active and valid copyright registrations from the

United States Copyright Office (the “USCO”) which cover many of Plaintiff's

photographs while many others are the subject of pending copyright applications.

22. Plaintiff's photographs are original, creative works in which Plaintiff

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owns protectable copyright interests.

23. On February 13, 2003, Plaintiff authored the Photograph. A copy of the

Photograph is attached hereto as Exhibit 1.

24. In creating the Photograph, Plaintiff personally selected the subject

matter, timing, lighting, angle, perspective, depth, lens and camera equipment used

to capture the image.

25. On November 28, 2022, the Photograph was registered by USCO under

Registration No. VA 2-331-926.

26. Plaintiff created the Photograph with the intention of it being used

commercially and for the purpose of display and/or public distribution.

27. Plaintiff published the Photograph by submitting it to Getty Images, a

visual media company, for the purpose of commercial licensing.

B. Defendants’ Infringing Activity

28. Upon information and belief, Defendant Dipset Couture LLC is the

registered owner of the Website and is responsible for its content.

29. Upon information and belief, Defendant Dipset Couture LLC is the

operator of the Website and is responsible for its content.

30. The Website is a key component of Defendant Dipset Couture LLC's

popular and lucrative commercial enterprise.

31. The Website is monetized in that sells merchandise to the public and,

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upon information and belief, Defendant Dipset Couture LLC profits from these

activities.

32. IG Account is associated with Defendant Cameron E. Giles a/k/a

Cam’ron.

33. Defendant Cameron E. Giles a/k/a Cam’ron has exclusive access to

post content on Defendant’s IG Account.

34. Defendant Cameron E. Giles a/k/a Cam’ron uses IG Account to

promote his brand and business interests which include promotion of associated

merchandise including but not limited to the Merchandise Listings.

35. The FB Account is associated with Defendant Triangulo Swag LLC.

36. Defendant Triangulo Swag LLC has exclusive access to post content

on Defendant’s FB Accounnt.

37. Defendant Triangulo Swag LLC uses FB Account to promote the

merchandise it sells to the broader public including but not limited to the

Merchandise Listings.

38. Defendants collectively displayed the Photograph on the Website as

well as on IG Account and FB Account (hereinafter collectively “Accounts”) on a

number of apparel and accessory items in additional to various home goods for

purchase.

39. In furtherance of Defendants’ commercial activities, Defendant Dipset

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Couture LLC displayed the Photograph in the Merchandise Listings on the Website.

Copies of the screengrabs of the Merchandise Listings on the Website including the

Photograph are attached hereto collectively as Exhibit 2 (Exhibit 2-Infringement #1-

4).

40. In furtherance of Defendants’ commercial activities, Defendant

Cameron E. Giles a/k/a Cam’ron displayed the Photograph on IG Account

promoting not only the Merchandise Listings, but various products produced and

sold by Defendants. Copies of the screengrabs of IG Account including the

Photograph are attached hereto collectively as Exhibit 2 (Exhibit 2-Infringement #5-

29).

41. In furtherance of Defendants’ commercial activities, Defendant

Triangulo Swag LLC displayed the Photograph on FB Account promoting not only

the Merchandise Listings, but various products produced and sold by Defendants.

Copies of the screengrabs of FB Account including the Photograph are attached

hereto collectively as Exhibit 2 (Exhibit 2-Infringement #30-33).

42. Without permission or authorization from Plaintiff, Defendants

volitionally copied and/or displayed Plaintiff's copyright protected Photograph on

the Website and Accounts.

43. Upon information and belief, the Photograph was copied and included

on merchandise and apparel manufactured and sold by Defendants without license

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or permission, thereby infringing on Plaintiff's copyrights in and to the Photograph

(hereinafter all of the unauthorized uses set forth above are referred to as the

“Infringements”).

44. The Infringements, in part, are depicted at various URLs (“Uniform

Resource Locator”) for a fixed tangible medium of expression that were sufficiently

permanent or stable to permit them to be communicated for a period of more than a

transitory duration and therefore constitute a specific infringement. 17 U.S.C.

§106(5).

45. The Infringements are substantially similar or identical copies of

Plaintiff's original image that was directly copied by Defendants.

46. Upon information and belief, the Photograph was willfully and

volitionally used by Defendants.

47. Upon information and belief, Defendant was aware of facts or

circumstances from which the determination regarding the Infringements was

apparent. Defendants cannot claim that they was not aware of the infringing

activities, including the Infringements which form the basis of this complaint, since

such a claim would amount to only willful blindness to the Infringements on the part

of Defendants.

48. Upon information and belief, Defendants engaged in the Infringement

knowingly and in violation of applicable United States copyright laws.

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49. Upon information and belief, Getty Images notified Defendants of their

infringing activities by mail and email on multiple occasions. Despite those

notifications, Defendants continued to sell merchandise which included the

Photograph and continued to display the Photograph on Website and Accounts.

50. Defendants’ continuing infringement of the Photograph despite

notification from Getty Images dispositively demonstrates the willful nature of

Defendants’ infringement.

51. Upon information and belief, a large number of people have viewed the

unlawful copies of the Photograph on the Website and Accounts and on Defendants’

merchandise and apparel.

52. Upon information and belief, Defendants at all times had the ability to

stop the reproduction and display of Plaintiff's copyrighted material.

53. Plaintiff created the Photograph with the intention of it being used

commercially and for the purpose of display and/or public distribution.

54. Defendants’ use of the Photograph harmed the actual market for the

Photograph.

55. As a result of Defendants’ misconduct, Plaintiff has been substantially

harmed.

FIRST COUNT
(Direct Copyright Infringement, 17 U.S.C. §501 et seq.)

56. Plaintiff repeats and incorporates by reference the allegations contained

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in the preceding paragraphs, as though set forth in full herein.

57. The Photograph is an original, creative work in which Plaintiff owns a

valid copyright.

58. The Photograph is properly registered with the USCO and Plaintiff has

complied with all statutory formalities under the Copyright Act and under

regulations published by the USCO.

59. Plaintiff has not granted Defendant Dipset Couture LLC a license or the

right to use the Photograph in any manner, nor has Plaintiff assigned any of its

exclusive rights in the copyright to Defendant Dipset Couture LLC.

60. Without permission or authorization from Plaintiff and in willful

violation of Plaintiff's rights under 17 U.S.C. §106, Defendant Dipset Couture LLC

improperly and illegally copied, reproduced, distributed, adapted, and/or publicly

displayed works copyrighted by Plaintiff thereby violating one of Plaintiff's

exclusive rights in its copyrights.

61. Defendant Dipset Couture LLC's reproduction of the Photograph and

display of the Photograph constitutes willful copyright infringement.

62. Upon information and belief, Defendant Dipset Couture LLC willfully

infringed upon Plaintiff's copyrighted Photograph in violation of Title 17 of the U.S.

Code, in that Defendant Dipset Couture LLC used, published, communicated,

posted, publicized, and otherwise held out to the public for commercial benefit,

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Plaintiff's original and unique Photograph without Plaintiff's consent or authority,

by using it on the Website.

63. As a result of Defendant Dipset Couture LLC's violations of Title 17 of

the U.S. Code, Plaintiff is entitled to an award of actual damages and disgorgement

of all of Defendant Dipset Couture LLC's profits attributable to the infringements as

provided by 17 U.S.C. § 504 in an amount to be proven or, in the alternative, at

Plaintiff's election, an award for statutory damages against each Defendant for each

infringement pursuant to 17 U.S.C. § 504(c).

64. As a result of the Defendant Dipset Couture LLC's violations of Title

17 of the U.S. Code, the court in its discretion may allow the recovery of full costs

as well as reasonable attorney's fees and costs pursuant to 17 U.S.C. § 505 from

Defendant Dipset Couture LLC.

65. As a result of Defendant Dipset Couture LLC's violations of Title 17 of

the U.S. Code, Plaintiff is entitled to injunctive relief to prevent or restrain

infringement of his copyright pursuant to 17 U.S.C. § 502.

SECOND COUNT
(Direct Copyright Infringement, 17 U.S.C. §501 et seq.)

66. Plaintiff repeats and incorporates by reference the allegations contained

in the preceding paragraphs, as though set forth in full herein.

67. The Photograph is an original, creative work in which Plaintiff owns a

valid copyright.

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68. The Photograph is properly registered with the USCO and Plaintiff has

complied with all statutory formalities under the Copyright Act and under

regulations published by the USCO.

69. Plaintiff has not granted Defendant Cameron E. Giles a/k/a Cam’ron a

license or the right to use the Photograph in any manner, nor has Plaintiff assigned

any of its exclusive rights in the copyright to Defendant Cameron E. Giles a/k/a

Cam’ron.

70. Without permission or authorization from Plaintiff and in willful

violation of Plaintiff's rights under 17 U.S.C. §106, Defendant Cameron E. Giles

a/k/a Cam’ron improperly and illegally copied, reproduced, distributed, adapted,

and/or publicly displayed works copyrighted by Plaintiff thereby violating one of

Plaintiff's exclusive rights in its copyrights.

71. Defendant Cameron E. Giles a/k/a Cam’ron’s reproduction of the

Photograph and display of the Photograph constitutes willful copyright

infringement.

72. Upon information and belief, Defendant Cameron E. Giles a/k/a

Cam’ron willfully infringed upon Plaintiff's copyrighted Photograph in violation of

Title 17 of the U.S. Code, in that Defendant Cameron E. Giles a/k/a Cam’ron used,

published, communicated, posted, publicized, and otherwise held out to the public

for commercial benefit, Plaintiff's original and unique Photograph without Plaintiff's

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consent or authority, by using it on IG Account.

73. As a result of Defendant Cameron E. Giles a/k/a Cam’ron’s violations

of Title 17 of the U.S. Code, Plaintiff is entitled to an award of actual damages and

disgorgement of all of Defendant Cameron E. Giles a/k/a Cam’ron’s profits

attributable to the infringements as provided by 17 U.S.C. § 504 in an amount to be

proven or, in the alternative, at Plaintiff's election, an award for statutory damages

against each Defendant for each infringement pursuant to 17 U.S.C. § 504(c).

74. As a result of the Defendant Cameron E. Giles a/k/a Cam’ron’s

violations of Title 17 of the U.S. Code, the court in its discretion may allow the

recovery of full costs as well as reasonable attorney's fees and costs pursuant to 17

U.S.C. § 505 from Defendant Cameron E. Giles a/k/a Cam’ron.

75. As a result of Defendant Cameron E. Giles a/k/a Cam’ron’s violations

of Title 17 of the U.S. Code, Plaintiff is entitled to injunctive relief to prevent or

restrain infringement of his copyright pursuant to 17 U.S.C. § 502.

THIRD COUNT
(Direct Copyright Infringement, 17 U.S.C. §501 et seq.)

76. Plaintiff repeats and incorporates by reference the allegations contained

in the preceding paragraphs, as though set forth in full herein.

77. The Photograph is an original, creative work in which Plaintiff owns a

valid copyright.

78. The Photograph is properly registered with the USCO and Plaintiff has

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complied with all statutory formalities under the Copyright Act and under

regulations published by the USCO.

79. Plaintiff has not granted Defendant Triangulo Swag LLC a license or

the right to use the Photograph in any manner, nor has Plaintiff assigned any of its

exclusive rights in the copyright to Defendant Triangulo Swag LLC.

80. Without permission or authorization from Plaintiff and in willful

violation of Plaintiff's rights under 17 U.S.C. §106, Defendant Triangulo Swag LLC

improperly and illegally copied, reproduced, distributed, adapted, and/or publicly

displayed works copyrighted by Plaintiff thereby violating one of Plaintiff's

exclusive rights in its copyrights.

81. Defendant Triangulo Swag LLC’s reproduction of the Photograph and

display of the Photograph constitutes willful copyright infringement.

82. Upon information and belief, Defendant Triangulo Swag LLC willfully

infringed upon Plaintiff's copyrighted Photograph in violation of Title 17 of the U.S.

Code, in that Defendant Triangulo Swag LLC used, published, communicated,

posted, publicized, and otherwise held out to the public for commercial benefit,

Plaintiff's original and unique Photograph without Plaintiff's consent or authority,

by using it on FB Account.

83. As a result of Defendant Triangulo Swag LLC’s violations of Title 17

of the U.S. Code, Plaintiff is entitled to an award of actual damages and

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disgorgement of all of Defendant Triangulo Swag LLC’s profits attributable to the

infringements as provided by 17 U.S.C. § 504 in an amount to be proven or, in the

alternative, at Plaintiff's election, an award for statutory damages against each

Defendant for each infringement pursuant to 17 U.S.C. § 504(c).

84. As a result of the Defendant Triangulo Swag LLC’s violations of Title

17 of the U.S. Code, the court in its discretion may allow the recovery of full costs

as well as reasonable attorney's fees and costs pursuant to 17 U.S.C. § 505 from

Defendant Triangulo Swag LLC.

85. As a result of Defendant Triangulo Swag LLC’s violations of Title 17

of the U.S. Code, Plaintiff is entitled to injunctive relief to prevent or restrain

infringement of his copyright pursuant to 17 U.S.C. § 502.

JURY DEMAND

86. Plaintiff hereby demands a trial of this action by jury.

PRAYER FOR RELIEF

WHEREFORE Plaintiff respectfully requests judgment as follows:

That the Court enters a judgment finding that Defendants have infringed on

Plaintiff's rights to the Photograph in violation of 17 U.S.C. §501 et seq. and

therefore award damages and monetary relief as follows:

a. finding that Defendants infringed Plaintiff's copyright interest in

and to the Photograph by copying and displaying it without a

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license or consent;

b. for an award of actual damages and disgorgement of all of

Defendants’ profits attributable to the infringements as provided

by 17 U.S.C. § 504(b) in an amount to be proven or, in the

alternative, at Plaintiff's election, an award for statutory damages

against each Defendant for each infringement pursuant to 17

U.S.C. § 504(c), whichever is larger;

c. for an order pursuant to 17 U.S.C. § 502(a) enjoining Defendants

from any infringing use of any of Plaintiff's works;

d. for costs of litigation and reasonable attorney's fees against

Defendants pursuant to 17 U.S.C. § 505;

e. for pre-judgment interest as permitted by law; and

f. for any other relief the Court deems just and proper.

DATED: April 11, 2023

SANDERS LAW GROUP

By: /s/ Craig Sanders

Craig Sanders, Esq.
333 Earle Ovington Blvd, Suite 402
Uniondale, NY 11553
Tel: (516) 203-7600
Email: [email protected]
File No.: 127255

Attorneys for Plaintiff

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