craigslist, Inc. v. Troopal Strategies, Inc. et al

Filing 1

COMPLAINT /issued summons against Ryan Addams, Suzanne Demere-Murphy, Joshua McClure, TOM Games, Inc., Timothy Taylor, Troopal Strategies, Inc. ( Filing fee $ 350, receipt number 34611037441.). Filed bycraigslist, Inc.. (Attachments: # 1 Civil Cover Sheet)(ga, COURT STAFF) (Filed on 10/5/2009)

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1 Brian Hennessy (SBN 226721) E-mail: BHennessv(a>, 2 3 4 5 6 7 8 9 10 Perkins Coie LLP 101 Jefferson Drive Menlo Park, CA 94025-1114 Telephone: (650) 838-4300 Facsimile: (650) 838-4350 Elizabeth L. McDougall, WA Bar No. 27026 (pro hac to follow) E-mail: Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, Washington 98101-3099 Telephone: (206) 359-8000 Facsimile: (206) 359-9000 Attorneys for Plaintiff craigslist, Inc. 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 SAN FRANCISCO DIVISION 15 16 craigslist, Inc., a Delaware corporation, Plaintiff, 17 18 19 20 21 22 v. Troopal Strategies, Inc., a Panama corporation; TOM Games, Inc., a Texas corporation; Joshua McClure, Suzanne Demere-Murphy, Timothy Taylor, Ryan Addams, individuals; and Does 1 through 25, inclusive, Defendants. 23 24 PLAINTIFF CRAIGSLIST, INC.'S COMPLAINT FOR: (1) COPYRIGHT INFRINGEMENT, 17 U.S.C. § 101, et seq.; (2) VIOLATION OF THE DIGITAL MILLENNIUM COPYRIGHT ACT, 17 U.S.C. § 1201; (3) VIOLATION OF THE COMPUTER FRAUD AND ABUSE ACT, 18 U.S.C. §1030; (4) VIOLATION OF CALIFORNIA PENAL CODE § 502; (5) TRADEMARK INFRINGEMENT, 15 U.S.C. §§ 1114, AND 1125(A); (6) TRADEMARK INFRINGEMENT UNDER CALIFORNIA LAW; (7) BREACH OF CONTRACT; (8) INDUCING BREACH OF CONTRACT; (9) INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS; AND (10) FRAUD; 25 26 DEMAND FOR JURY TRIAL. 27 28 -1COMPLAINT 40753-0043.0021/Legal 16001808.5 1 2 I. 1. INTRODUCTION craigslist operates the website, which provides online 3 localized classified ad placements and related online services in 700 cities in 70 countries 4 worldwide, craigslist is one of the most visited websites in the world with more than 50 million 5 Americans alone visiting the craigslist website each month generating more than 20 billion page 6 views, and posting more than 40 million free classified ads. The smooth operation and functional 7 usability of the website is vital to craigslist and to the millions of people who rely on its services 8 each and every day. Unfortunately, craigslist is required to expend significant resources in 9 combating abuse by individuals who wish to profit by flooding craigslist with illegitimate 10 advertisements and by otherwise conducting prohibited activities at the expense of craigslist and 11 legitimate craigslist users. 12 2. Defendants are engaged in intentional for-profit abuse of craigslist that threatens 13 the very operation of the services and communities that craigslist has built. Defendants develop, 14 offer, market and distribute illegal tools and services designed to greatly facilitate and amplify 15 unauthorized and illegal uses of craigslist's classified services - at the expense of craigslist and 16 legitimate craigslist users. 17 3. Defendant's ongoing activities burden craigslist's systems and services and damage 18 craigslist's free local online marketplace communities as well as craigslist's reputation and 19 goodwill. 20 4. craigslist brings this action to protect its services and the communities that rely on 21 its services from being injured by self-interested profiteers undermining and debasing craigslist's 22 services in the pursuit of ill-gotten gains. 23 24 25 II. 5. JURISDICTION The Court has jurisdiction over this action pursuant to: a. 28 U.S.C. §§ 1331 andl338, because this action alleges violations of 26 federal statutes, including 17 U.S.C. § 101, etseq., 17 U.S.C. § 1201, 18 U.S.C. § 1030, 15 27 U.S.C. §§1114andll25(a); 28 -2COMPLAINT 40753-0043.002 I/Legal 16001808.5 1 b. additionally or alternatively, 28 U.S.C. § 1332, because there may be 2 complete diversity of citizenship between the parties which will be determined when all 3 defendants are identified, and because the matter in controversy exceeds the sum or value of 4 $75,000, exclusive of interest and costs; and 5 c. 28 U.S.C. § 1367 (supplemental jurisdiction), because the claims alleged 6 under state law are so related to claims in this action over which this Court has original 7 jurisdiction that they form part of the same case and controversy under Article III of the United 8 States Constitution. 9 10 III. 6. VENUE Venue is proper in this District under 28 U.S.C. § 1391, because a substantial part 11 of the events or omissions giving rise to the claims occurred in this District: Defendants accessed 12 and used craigslist's computers and services to transact their affairs, craigslist is located in this 13 District, and a substantial part of craigslist's property, which was targeted and damaged by 14 Defendants' acts, is situated in this District. 15 7. In addition, craigslist's Terms of Use ("TOU") govern Defendants' access to and 16 use of the craigslist website and craigslist's services. The TOU provide that courts located within 17 the county of San Francisco, California, shall have exclusive jurisdiction over the relationship 18 between craigslist and Defendants. 19 8. Intradistrict Assignment is proper in the San Francisco Division of this Court 20 pursuant to Civil Local Rules 3-5(b) and 3-2(c) for the reasons stated above. 21 IV. 22 23 24 25 26 27 9. THE PARTIES craigslist, Inc. is a Delaware corporation, with its principal place of business in San Francisco, California. 10. craigslist is informed and believes, and on that basis alleges, that Defendant Troopal Strategies, Inc. is a Panama corporation. 11. craigslist is informed and believes, and on that basis alleges, that Defendant TOM Games, Inc. is a Texas corporation with its principal place of business in Austin, Texas. 28 -340753-0043.002 I/Legal 16001808.5 COMPLAINT

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