Case 2:10-cv-05074-RRM -CLP Document 18
49.
Filed 03/10/11 Page 10 of 20
An actual controversy exists, in that Fuhrman's conduct has created a real and
reasonable apprehension of liability on the part of Stuhrling, and Stuhrling has engaged in a course of conduct which has brought it into an adversarial conflict with Fuhrman.
The
aforementioned communications from Fuhrman's lawyer discussed above herein serve as further confirmation of these facts. 50.
By reason of the conflict with respect to a license to use Fuhrman's copyrighted
images, Stuhrling requests that this Court adjudge: a. that Stuhrling's prior use of Fuhrman's photographs did not violate his copyrights or intellectual property rights; b. that Stuhrling was lawfully entitled to use Fuhrman's photographic images in its promotional materials, as Fuhrman, by his words and conduct, issued a license to Stuhrling to do so; c. that Fuhrman be enjoined and restrained from instituting any action against Stuhrling, its agents or assigns, including ShopNBC, for the use of said images; d. that, if the Court shall determine that usage of the photographs was not properly licensed or assigned to Stuhrling, that Fuhrman be required to settle his claim by accepting payment in full for the rights to the images in accordance with the parties' contract, and that Stuhrling and all other parties be discharged from all liability; and e. that Stuhrling recover its costs. AS AND FOR A FIRST CAUSE OF ACTION: BREACH OF CONTRACT 51.
Stuhrling repeats, reiterates, realleges and incorporates by reference, as if fully set
forth herein, each and every allegation in paragraphs 1 through 50 above.