Richard Rogers of Yourfavorite.com filed a pro se complaint alleging that Payment Printer, LLC and its sole owner and agent, Christopher Cardi, infringe the copyright in his works titled “Check Writer User Guide” and “Reasons for Return” by copying them verbatim at the paymentprinter.com website. Rogers alleges that the infringement began on March 18, 2018, although he claims he just discovered the infringement last month.
There are several problems with this complaint. First, Rogers makes no assertion that either Payment Printer, a Florida Corporation, or Cardi, a Florida resident, are subject to personal jurisdiction in Massachusetts. Additionally, it appears from the complaint that, while a copyright registration has been obtained for “Reasons for Return,” registration in “Check Writer User Guide is merely pending, meaning that the complaint with respect to this work is premature. Moreover, a review of the Copyright Office indicates that the copyright in the one work that has actually issued was not registered in time to permit Rogers to claim statutory damages under 17 U.S.C. 412, leaving Rogers only with actual damages as a potential remedy. Judge Saris is assigned to the case.