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5d Steakhouse Complaint
5d Steakhouse Complaint
COMPLAINT
1. This is a suit for copyright infringement under Title 17 of the United States Code.
2. This Court has jurisdiction pursuant to 28 U.S.C. § 1338(a), and venue in this
3. Plaintiffs allege three (3) causes of action for copyright infringement based on the
A, annexed to the Complaint, sets forth in summary form the allegations hereinafter made with
respect to the Plaintiffs, their copyrighted musical compositions, and Defendants’ acts of
infringement.
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THE PARTIES
4. The Plaintiffs named in Column 2* are the owners of the copyrights in the
original musical compositions listed in Column 3, and are properly joined in this complaint
liability company organized under the laws of the state of Texas with offices at 1800 FM 237
6. At all times hereinafter mentioned, DII did, and still does, own, control, manage,
operate, and maintain a place of business for public entertainment, accommodation, amusement,
and refreshment known as 5-D Steakhouse, located at 632 W. Main Street, Yorktown, Texas
78164.
9. At all times hereinafter mentioned, Ms. Dlugosch was, and still is, a managing
10. Defendant Pete Dlugosch (“Mr. Dlugosch” and, together with Ms. Dlugosch and
DII, “Defendants”) is an individual who resides and/or does business in this District.
11. At all times hereinafter mentioned, Mr. Dlugosch was, and still is, a managing
12. At all times hereinafter mentioned, Mr. and Ms. Dlugosch were, and still are,
responsible for the control, management, operation and maintenance of the affairs of DII.
* All references to “columns” herein refer to the numbered columns set forth in SCHEDULE A.
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13. At all times hereinafter mentioned, Defendants jointly had, and still have, the
right and ability to supervise and control the activities that take place at 5-D Steakhouse,
including the right and ability to supervise and control the public performance of musical
14. Each Defendant derives a direct financial benefit from the public performance of
15. The Plaintiffs are all members of the American Society of Composers, Authors,
and Publishers (“ASCAP”), a membership association that represents, licenses, and protects the
public performance rights of its more than 625,000 songwriter, composer, and music publisher
members.
16. Each ASCAP member grants to ASCAP a non-exclusive right to license the
members, ASCAP licenses public performances of its members’ musical works, collects license
fees associated with those performances, and distributes royalties to its members, less ASCAP’s
operating expenses.
17. Since January 2016, ASCAP representatives have made more than 50 attempts to
license for 5-D Steakhouse. ASCAP has contacted and/or attempted to contact Defendants by
18. Defendants have refused all of ASCAP’s license offers for 5-D Steakhouse.
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including the copyrighted works involved in this action, without permission, during the hours
that the establishment is open to the public for business and presenting musical entertainment.
19. The original musical compositions listed in Column 3 were created and written by
20. The original musical compositions listed in Column 3 were published on the dates
stated in Column 5, and since the date of publication have been printed and published in strict
21. The Plaintiffs named in each cause of action, including their predecessors in
interest, if any, complied in all respects with Title 17 of the United States Code, secured the
exclusive rights and privileges in and to the copyright of each composition listed in Column 3,
and received from the Register of Copyrights a Certificate of Registration, identified as set forth
in Column 6.
22. Defendants on the dates specified in Column 7, and upon information and belief,
at other times prior and subsequent thereto, infringed the copyright in each composition named
in Column 3 by giving public performances of the compositions at 5-D Steakhouse, for the
entertainment and amusement of the patrons attending said premises, and Defendants threaten to
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Defendants, nor any of the Defendants’ agents, servants or employees, nor any performer, was
licensed by, or otherwise received permission from any Plaintiff, or any agent, servant, or
performances of the three copyrighted musical compositions upon which this action is based.
26. At the times of the acts of infringement complained of, the Plaintiff named in
each cause of action was the owner of the copyright in the composition therein named.
27. The said wrongful acts of the Defendants have caused and are causing great injury
to the Plaintiffs, which damage cannot be accurately computed, and unless this Court restrains
the Defendants from the further commission of said acts, said Plaintiffs will suffer irreparable
injury, for all of which the said Plaintiffs are without any adequate remedy at law.
I. That Defendants and all persons acting under the direction, control, permission, or
authority of Defendants be enjoined and restrained permanently from publicly performing the
aforementioned compositions -- or any of them -- and from causing or permitting the said
managed, or operated by Defendants, and from aiding or abetting the public performance of such
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II. That Defendants be decreed to pay such statutory damages as to the Court shall
appear just, as specified in 17 U.S.C. § 504(c)(1), namely, not more than Thirty Thousand
Dollars ($30,000) nor less than Seven Hundred And Fifty Dollars ($750) in each cause of action
herein.
III. That Defendants be decreed to pay the costs of this action and that a reasonable
s/Jeff A. McDaniel
Jeff A. McDaniel
Attorney-at-Law
So. Dist. No. 17,447
State Bar No. 13518020