Ceiling Fan Software LLC et al v. Blizzard Entertainment Incorporated et al

Filing 1

COMPLAINT. Filing fee received: $350.00, receipt number PHX 0970-6114045, filed by Ceiling Fan Software LLC, Brian Becker, Stanton Fraser (submitted by Lance Venable). (Attachments: # 1 Civil Cover Sheet)(REK)

Download PDF
LAW OFFICES OF 1 VENABLE, CAMPILLO, LOGAN & MEANEY, P.C. 2 TELEPHONE (602) 631-9100 1938 EAST OSBORN ROAD PHOENI X, ARIZONA 85016 FACSIMILE (602) 631 9796 E-MAIL DOCKETING@VCLMLAW .COM 3 Lance C. Venable (AZ Bar No 017074) Joseph R. Meaney (AZ Bar No. 017371) Attorneys for Plaintiffs 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF ARIZONA 8 9 10 11 CEILING FAN SOFTWARE, LLC; an Ohio Limited Liability Company; BRIAN BECKER an individual; and STANTON FRASER an individual COMPLAINT Plaintiffs, 12 vs. 13 14 Case No.: (JURY TRIAL REQUESTED) BLIZZARD ENTERTAINMENT, INC., and VIVENDI GAMES, INC., 15 Defendants. 16 17 Plaintiffs Ceiling Fan Software, LLC, Brian Becker, and Stanton Fraser 18 19 20 21 22 (collectively “Ceiling”) seek a Declaratory Judgment that Ceiling is not infringing any rights, copyright or otherwise, owned by Defendants Blizzard Entertainment, Inc. and Vivendi Games, Inc. (collectively, “Blizzard"). In support of this action, Ceiling alleges as follows: PARTIES AND JURISDICTION 23 24 25 26 27 28 1. Plaintiff Ceiling Fan Software, LLC is an Ohio Limited Liability Company with its principal place of business in Cincinnati, Ohio. 2. Plaintiff Brian Becker (“Becker”) is an individual residing in Cincinnati, Ohio and is the Chief Technology Officer of Ceiling Fan Software. 3. Plaintiff Stanton Fraser (“Fraser”) is an individual residing in Cypress, Texas -1- 1 and is the Chief Operating Officer of Ceiling Fan Software. 2 4. 3 (“Blizzard”) is a Delaware corporation having its principal place of business in Irvine, 4 California. 5 5. 6 Delaware Corporation having a principal place of business in Irvine, California. 7 6. 8 contacts and the business it advertises for and conducts within with this state. 9 7. Upon information and belief, Defendant Blizzard Entertainment, Inc. Upon information and belief, Defendant Vivendi Games, Inc. (“Vivendi”) is a Personal jurisdiction over the Defendants is proper in this District based on This Complaint for Declaratory Judgment under 28 U.S.C. §§ 2201 and 2202, 10 is properly filed in respect to an actual controversy of which this Court has 11 jurisdiction under the Copyright Laws of the United States (17 US.C. § 101 et. seq.) 12 and 28 U.S.C. § 1338. 13 8. Venue is proper in this district under to 28 U.S.C. § 1391. 14 SUBJECT MATTER OF CONTROVERSY AND ACTS COMPLAINED OF 15 16 9. 17 Pocket Gnome throughout the country including to customers in this District. 18 10. 19 add-on program that interacts with Blizzard’s World of Warcraft (“WoW”) computer 20 game and enables its users to automate features and steps in WoW. 21 11. 22 Becker leaving a voicemail for him and requesting that he return the call regarding the 23 sale of Ceiling’s software program. 24 12. 25 he does not stop selling his software, that Blizzard would take legal action against him 26 and his company for violating certain federal and state laws that prohibit the sales of 27 software like Pocket Gnome. 28 13. Ceiling develops and sells software programs including one under the name Ceiling developed the Pocket Gnome software and other related software as an On or about November 16, 2011, counsel representing Blizzard contacted When Becker returned the call, Blizzard’s counsel threatened him by saying if Becker then responded to Blizzard’s counsel and requested that he provide a -2- 1 list of the specific laws that he was allegedly violating and infringing upon Blizzard’s 2 rights. 3 14. 4 federal copyright laws, the Digital Millennium Copyright Act, and that his acts 5 tortiously interfered with Blizzard’s contractual relationships with its customers. The 6 email further stated that Blizzard had addressed the issues that the Ninth Circuit Court 7 of Appeals raised in its recent decision for MDY Industries v. Blizzard Entertainment, 8 629 F.3d 928 (9th Cir. 2010), issued in December 2010 based on a case originating 9 from this district in 2006. Blizzard’s counsel responded in an email by stating that his acts violated the Blizzard’s threats and actions have placed Ceiling in reasonable apprehension 10 15. 11 of being sued by Blizzard, and have created an actual controversy within the scope of 12 28 U.S.C. § 2201. 13 16. 14 Blizzard and is not otherwise liable to Blizzard for any actions arising out of the sale 15 of its software. 16 17. 17 assert its perceived rights against Ceiling, its officers, and its customers. 18 18. 19 and irreparably injured and has no adequate remedy at law. 20 19. 21 interference with contracts constitutes a grave and wrongful interference with the 22 Ceiling’s business in this District. Upon information and belief, Ceiling has not violated any rights owned by Unless Blizzard is permanently enjoined from doing so, it will continue to Unless Blizzard is enjoined from doing so, Ceiling will continue to be greatly Blizzard’s charge of copyright infringement, DMCA violations, and 23 24 25 26 27 28 PRAYER FOR RELIEF WHEREFORE, Ceiling prays for judgment as follows: 1. For a judgment and declaration that the sale of Ceiling’s software does not infringe any rights owned by Blizzard; 2. For a decree enjoining and restraining Blizzard from all further charges of -3- 1 2 infringement and violations of rights, including: a. threatening Ceiling’s existing or prospective customers, suppliers, 3 dealers or any users of its software with statements or 4 representations that they are performing acts or engaged in activity 5 that violate Blizzard’s rights; and 6 b. initiating or maintaining infringement litigation, or threatening 7 litigation, against Ceiling’s existing or prospective customers, 8 suppliers, dealers or any users of its software that asserts or charges 9 infringement or other violation of Blizzard’s rights; 10 3. For damages in the amount proven at trial; 11 4. For Ceiling’s attorneys’ fees; 12 5. For Ceiling’s costs of suit incurred herein; and 13 6. For other relief as the Court believes is just and proper. 14 15 16 JURY DEMAND Ceiling demands a jury trial on all triable issues. 17 18 Dated this 30th day of November 2011 19 20 Venable, Campillo, Logan & Meaney, P.C. 21 22 23 24 25 26 By /s/Lance C. Venable Lance C. Venable SBN 017074 Joseph R. Meaney SBN 017371 1938 East Osborn Road Phoenix, Arizona 85016 Tel: 602-631-9100 Fax: 602-631-9796 E-Mail docketing@vclmlaw.com Attorneys for Plaintiff 27 28 -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -5-

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?