Kelly Responds To FJ Designs Case No 5:04 CV 211
Huntington Beach, CA May 11, 2004.
Judge Dowd denies Kelly's Motion To Dismiss but does not rule on the merits of
FJ Designs Case No 5:04 CV 211.
Huntington Beach, CA, May 5, 2004.
Leslie A. Kelly responded today in the matter of FJ Designs v Kelly.
Huntington Beach, CA, April 7, 2004. Leslie A. Kelly announced
today that he has retained the services of Raymond
Rundelli, Esq., Calfee, Halter & Griswold LLP, Cleveland, Ohio
in order to respond to a recent lawsuit filed in Ohio by
Faline Fay Jones, FJ Designs dba Cat's Meow alleging
"Trade Libel and Copyright Infringement". In his response, Kelly noted, in
part, that "This
action was triggered by nothing more than a written notice sent by Kelly to
Ohio counsel for Designs alleging copyright infringement. On the advice of
counsel, Designs rushed into court and filed this action without having any
basis for asserting personal jurisdictional over Kelly, for venue of the action
or for even making the substantive claims for relief. For the reasons set forth
below, the complaint, and each purported claim therein, should be dismissed
with prejudice." (1.1 mb PDF)
On April 8, 2004, Judge David D. Dowd, Jr., issued an "Order directing plaintiff
to respond to defendant's Motion to dismiss for Inproper Venue, Lack of
Personal Jurisdiction, and Failure to State A Claim Upon Which Relief Can Be
Granted by 4/23/2004; defendant shall file a reply by
5/5/2004; no extensions shall be allowed."
Leslie A. Kelly v FJ Designs, Inc.; FJ Designs v Leslie A. Kelly
Huntington Beach, CA, March 30, 2004.
Leslie A. Kelly announced today that Renner
Kenner Greive Bobak Taylor & Weber filed a lawsuit on
February 6, 2004, against Kelly upon receipt of his letter referenced below
questioning use of Kelly's images by its client FJ Designs, Wooster, Ohio. The
filing was served on Kelly on March 20, 2004.
Click here to view the FJ Designs lawsuit filed in the United States District
Court For The Northern District of Ohio, Eastern Division, Case No. 5:04CV 211.(37
MB PDF)
Huntington Beach, CA, March 17, 2004. Leslie A. Kelly announced
today that his Attorney Steven L. Krongold,
Esq., Bienert & Krongold, San Clemente, CA, has filed
and served a lawsuit alleging copyright infringement against Faline Jones
dba F. J. Designs, Inc. Ms. Jones operates a business known as
The Cat’s Meow which creates and
sells two-dimensional, wooden, miniature, hand crafted buildings and
accessories from its headquarters at Wooster, Ohio. Kelly
alleges in his lawsuit that F. J. Designs, Inc., has infringed
three copyright registered images, to include the cover of his book,
California's Gold Rush Country, the definitive California
gold rush sesquicentennial photo book and an icon image of
The Surveyors' Cabin, snow covered and surrounded by ice
laden trees, and
The Ingalls Family house, both in De Smet, South Dakota.
Kelly is often considered the "Little House" Photographer based
on his significant contribution to definitive books about
Laura Ingalls Wilder, the "Little House" author.
Kelly's lawsuit also alleges that Jones failed to "state the work was derivative
of Kelly's pre-existing photograph" with each of her individual filings to the
US Copyright Office of the three wooden pieces.
Even upon receiving notice that Kelly claimed ownership of the images from which
Faline Jones based her wooden pieces, she immediately filed additional
registrations with the US Copyright Office on February 4, 2004, claiming
authorship of the images on her website.
According to Kelly, Jones has copied his images without license and damaged his
works by placing her trademarked "black cat" within each of these illegally
created derivatives which have been used to develop and promote the Cat's
Meow product line. Kelly is seeking profits and damages from Faline
Jones and F. J. Designs, Inc.
click for PDF
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Kelly's lawsuit has been assigned Case No. SACV04-00290 DOC (MLGx) at the United
States District Court, Central District of California, Santa Ana, California,
and is dated March 10, 2004. The case has been assigned to Judge David Carter.
Kelly anticipates that hearings will commence on the matter within 60 days.
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Cat's Meow Infringes Kelly With Its Gold Rush and Laura Ingalls Wilder
Series
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click for larger view
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Huntington Beach, CA, Tuesday, January 20, 2004. Leslie A.
Kelly announced today that he has sent a Notice of Copyright Infringement for
profits and damages against Faline Jones
dba F. J. Designs, Inc. Cat's Meow, which just celebrated its
20th year anniversary, creates and sells
two-dimensional, wooden, miniature, hand crafted buildings and accessoriesfrom
its headquarters at Wooster, Ohio. Kelly alleges that F. J. Designs, Inc.,
has infringed three copyright registered images, to include the cover of his
book, California's Gold Rush Country, the definitive
California gold rush sesquicentennial photo book and icon for his
Show Me The Gold® Tours and an icon image of The Surveyors'
Cabin, snow covered and surrounded by ice laden trees, and The Ingalls Family
house, both in De Smet, South Dakota. Kelly is often considered the "Little
House" photographer based on his significant contribution to
definitive books about Laura
Ingalls Wilder, the "Little House" author. According to
Kelly, Jones has copied his images without license and damaged his works by
placing her trademarked "black cat" within each of his images which have been
used to create detailed design templates for the Cat's Meow product
line. Kelly is seeking profits and damages from Faline Jones and
F. J. Designs, Inc.
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