craigslist, Inc. v. Troopal Strategies, Inc. et al
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)
Brian Hennessy (SBN 226721)
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)
Perkins Coie LLP
1201 Third Avenue, Suite 4800
Seattle, Washington 98101-3099
Telephone: (206) 359-8000
Facsimile: (206) 359-9000
Attorneys for Plaintiff
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
craigslist, Inc., a Delaware corporation,
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
PLAINTIFF CRAIGSLIST, INC.'S
(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;
DEMAND FOR JURY TRIAL.
craigslist operates the website, www.craigslist.org. which provides online
localized classified ad placements and related online services in 700 cities in 70 countries
worldwide, craigslist is one of the most visited websites in the world with more than 50 million
Americans alone visiting the craigslist website each month generating more than 20 billion page
views, and posting more than 40 million free classified ads. The smooth operation and functional
usability of the website is vital to craigslist and to the millions of people who rely on its services
each and every day. Unfortunately, craigslist is required to expend significant resources in
combating abuse by individuals who wish to profit by flooding craigslist with illegitimate
advertisements and by otherwise conducting prohibited activities at the expense of craigslist and
legitimate craigslist users.
Defendants are engaged in intentional for-profit abuse of craigslist that threatens
the very operation of the services and communities that craigslist has built. Defendants develop,
offer, market and distribute illegal tools and services designed to greatly facilitate and amplify
unauthorized and illegal uses of craigslist's classified services - at the expense of craigslist and
legitimate craigslist users.
Defendant's ongoing activities burden craigslist's systems and services and damage
craigslist's free local online marketplace communities as well as craigslist's reputation and
craigslist brings this action to protect its services and the communities that rely on
its services from being injured by self-interested profiteers undermining and debasing craigslist's
services in the pursuit of ill-gotten gains.
The Court has jurisdiction over this action pursuant to:
28 U.S.C. §§ 1331 andl338, because this action alleges violations of
federal statutes, including 17 U.S.C. § 101, etseq., 17 U.S.C. § 1201, 18 U.S.C. § 1030, 15
40753-0043.002 I/Legal 16001808.5
additionally or alternatively, 28 U.S.C. § 1332, because there may be
complete diversity of citizenship between the parties which will be determined when all
defendants are identified, and because the matter in controversy exceeds the sum or value of
$75,000, exclusive of interest and costs; and
28 U.S.C. § 1367 (supplemental jurisdiction), because the claims alleged
under state law are so related to claims in this action over which this Court has original
jurisdiction that they form part of the same case and controversy under Article III of the United
Venue is proper in this District under 28 U.S.C. § 1391, because a substantial part
of the events or omissions giving rise to the claims occurred in this District: Defendants accessed
and used craigslist's computers and services to transact their affairs, craigslist is located in this
District, and a substantial part of craigslist's property, which was targeted and damaged by
Defendants' acts, is situated in this District.
use of the craigslist website and craigslist's services. The TOU provide that courts located within
the county of San Francisco, California, shall have exclusive jurisdiction over the relationship
between craigslist and Defendants.
Intradistrict Assignment is proper in the San Francisco Division of this Court
pursuant to Civil Local Rules 3-5(b) and 3-2(c) for the reasons stated above.
craigslist, Inc. is a Delaware corporation, with its principal place of business in
San Francisco, California.
craigslist is informed and believes, and on that basis alleges, that Defendant
Troopal Strategies, Inc. is a Panama corporation.
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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