John Epstein again sued Miller Brothers Furniture for copyright infringement related to the unauthorized use of promotional material he created for the company. Epstein had filed suit in April, alleging breach of contract in addition to copyright infringement, and Miller Brothers counterclaimed with interference with advantageous business relations and unfair competition claims. Epstein sought to add a second registration by amended complaint, but subsequently withdrew the amended complaint because the second registration had not issued prior to the initial filing of the complaint. This new complaint alleges infringement of both the new registration and the registration that was asserted in the original complaint, meaning the first registration is being asserted in both cases (although joinder of the two cases would resolve that issue). As with the initial case, this case is before Judge Mastroianni.
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