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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Brian Hennessy (SBN 226721)
E-mail: BHennessv(a>,perkinscoie.com

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Perkins Coie LLP

101 Jefferson Drive
Menlo Park, CA 94025-1114

Telephone: [phone]

Facsimile: [phone]

Elizabeth L. McDougall, WA Bar No. 27026 (pro hac to follow)
E-mail: [e-mail]
Perkins Coie LLP

1201 Third Avenue, Suite 4800
Seattle, Washington 98101-3099
Telephone: [phone]

Facsimile: [phone]
Attorneys for Plaintiff
craigslist, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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craigslist, Inc., a Delaware corporation,
Plaintiff,

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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.

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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;

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DEMAND FOR JURY TRIAL.

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I.

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INTRODUCTION

craigslist operates the website, www.craigslist.org. which provides online

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localized classified ad placements and related online services in 700 cities in 70 countries

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worldwide, craigslist is one of the most visited websites in the world with more than 50 million

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Americans alone visiting the craigslist website each month generating more than 20 billion page

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views, and posting more than 40 million free classified ads. The smooth operation and functional

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usability of the website is vital to craigslist and to the millions of people who rely on its services

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each and every day. Unfortunately, craigslist is required to expend significant resources in

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combating abuse by individuals who wish to profit by flooding craigslist with illegitimate

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advertisements and by otherwise conducting prohibited activities at the expense of craigslist and

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legitimate craigslist users.

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2.

Defendants are engaged in intentional for-profit abuse of craigslist that threatens

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the very operation of the services and communities that craigslist has built. Defendants develop,

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offer, market and distribute illegal tools and services designed to greatly facilitate and amplify

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unauthorized and illegal uses of craigslist's classified services - at the expense of craigslist and

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legitimate craigslist users.

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3.

Defendant's ongoing activities burden craigslist's systems and services and damage

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craigslist's free local online marketplace communities as well as craigslist's reputation and

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goodwill.

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4.

craigslist brings this action to protect its services and the communities that rely on

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its services from being injured by self-interested profiteers undermining and debasing craigslist's

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services in the pursuit of ill-gotten gains.

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II.
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JURISDICTION

The Court has jurisdiction over this action pursuant to:
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28 U.S.C. §§ 1331 andl338, because this action alleges violations of

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federal statutes, including 17 U.S.C. § 101, etseq., 17 U.S.C. § 1201, 18 U.S.C. § 1030, 15

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U.S.C. §§1114andll25(a);

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b.

additionally or alternatively, 28 U.S.C. § 1332, because there may be

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complete diversity of citizenship between the parties which will be determined when all

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defendants are identified, and because the matter in controversy exceeds the sum or value of

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$75,000, exclusive of interest and costs; and

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c.

28 U.S.C. § 1367 (supplemental jurisdiction), because the claims alleged

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under state law are so related to claims in this action over which this Court has original

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jurisdiction that they form part of the same case and controversy under Article III of the United

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States Constitution.

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III.
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VENUE

Venue is proper in this District under 28 U.S.C. § 1391, because a substantial part

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of the events or omissions giving rise to the claims occurred in this District: Defendants accessed

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and used craigslist's computers and services to transact their affairs, craigslist is located in this

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District, and a substantial part of craigslist's property, which was targeted and damaged by

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Defendants' acts, is situated in this District.

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7.

In addition, craigslist's Terms of Use ("TOU") govern Defendants' access to and

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use of the craigslist website and craigslist's services. The TOU provide that courts located within

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the county of San Francisco, California, shall have exclusive jurisdiction over the relationship

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between craigslist and Defendants.

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8.

Intradistrict Assignment is proper in the San Francisco Division of this Court

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pursuant to Civil Local Rules 3-5(b) and 3-2(c) for the reasons stated above.

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IV.

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9.

THE PARTIES

craigslist, Inc. is a Delaware corporation, with its principal place of business in

San Francisco, California.

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craigslist is informed and believes, and on that basis alleges, that Defendant

Troopal Strategies, Inc. is a Panama corporation.

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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.

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-340753-0043.002 I/Legal 16001808.5

COMPLAINT