John Epstein, who engages in advertising for retail furniture stores as Direct Results, sued Miller Furniture Brothers, a Pennsylvania company with a store in Punxsutawney (home of Punxsutawney Phil from Groundhog Day!), accusing them of breach of contract and copyright infringement. Epstein alleges that Miller Brothers contracted with him to create promotional material in 2010, which Miller Brothers could not use without his permission. He says that Miller Brothers used this material without authorization in 2011 and 2012; Epstein objected, and Miller Brothers ultimately compensated him for this use. Epstein alleges that Miller Brothers again improperly utilized this copyrighted promotional material last year. Oddly, the complaint alleges subject matter jurisdiction solely under 28 U.S.C. 1331 and 1338 (federal question and patents/plant variety protection/copyrights/mask works/designs/trademarks/unfair competition) and then seeks joinder of the copyright and breach of contract claims, rather than asserting diversity or supplemental jurisdiction.
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