The publisher of the “A Baby for My Billionaire Stepbrother” romance novel series has sued various Doe parties over alleged misrepresentations surrounding the books’ publication rights.
Zirconia Publishing, Inc. is a Colorado company that, according to its complaint, has the exclusive right to distribute via Amazon.com the several books in the series. Zirconia alleges that the unknown defendants, using the name “Joannah Clarkson,” submitted to Amazon a fraudulent Digital Millennium Copyright Act (DMCA) takedown notice, improperly alleging that Clarkson was the true owner of rights to the books. This act apparently “resulted in significant adverse economic consequences to Zirconia, including lost sales, ratings, and algorithm-based suggestions.” The complaint suggests that it was a competitor of Zirconia that was ultimately responsible for the false takedown notice.
Zirconia makes a state law claim for tortious interference with contract, as well as a cause of action for misrepresentation under the DMCA, 17 U.S.C. 512(f). Zirconia seeks all damages, an injunction against further interference, attorney’s fees and costs. The lawsuit, Zirconia Publishing, Inc. v. John Doe 1, No. 2:15-cv-598, was filed in the U.S. District Court for the Western District of Washington by Seattle law firm Focal PLLC.