Righthaven LLC v. Pantheon Promotions, Inc. et al

Filing 1

COMPLAINT and Demand for Jury Trial against Nathaniel Bacon and Pantheon Promotions, Inc. (Filing fee $ 350, Receipt Number 35788) Summons Not Issued, filed by Righthaven LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet, # 5 Receipt)(lyg, )

Righthaven LLC v. Pantheon Promotions, Inc. et al

Doc. 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.:_________________________ RIGHTHAVEN LLC, a Nevada limited-liability company, Plaintiff, v. PANTHEON PROMOTIONS, INC., a Texas corporation; and NATHANIEL BACON, an individual, Defendant.

COMPLAINT AND DEMAND FOR JURY TRIAL

Righthaven LLC ("Righthaven") complains as follows against Pantheon Promotions, Inc. ("Pantheon") and Nathaniel Bacon ("Mr. Bacon"; collectively with Pantheon known herein as the "Defendants") on information and belief, and at all times relevant to this lawsuit, unless otherwise specifically indicated herein to the contrary:

NATURE OF ACTION 1. This is an action for copyright infringement pursuant to 17 U.S.C. § 501.

PARTIES 2. Righthaven is a Nevada limited-liability company with its principal place of

business in Nevada. 3. 4. Righthaven is in good standing with the Nevada Secretary of State. Pantheon is a Texas corporation.

Dockets.Justia.com

5.

Pantheon is identified by the current registrar, DirectNIC, LTD ("DirectNIC"), as

the registrant of the Internet domain found at <newsnet14.com> (the "Domain"). 6. Pantheon is identified by DirectNIC as the administrative contact and technical

contact of the Domain (the content accessible through the Domain and the Domain itself known herein as the "Website"). 7. 8. 9. Pantheon is in control of the content accessible through the Website. Mr. Bacon is a regular contributor of content to the Website. Mr. Bacon contributed an unauthorized copy of the photograph entitled "TSA

Agent performs enhanced pat-downs" (the "Work"), attached hereto as Exhibit 1, to the Website.

JURISDICTION 10. This Court has jurisdiction over the subject matter and the parties under the

copyright laws of the United States, 17 U.S.C. § 101 et seq., as well as jurisdictional provisions of 28 U.S.C. § 1331 and 28 U.S.C. § 1338(a). 11. 12. Righthaven is the owner of the copyright in and to the Work. On or about November 24, 2010, the Defendants willfully reproduced the Work

on an unauthorized basis, from a source emanating from Colorado. 13. On or about November 24, 2010, the Defendants displayed, and continue to

display, an unauthorized reproduction of the Work (the "Infringement"), attached hereto as Exhibit 2, on the Website. 14. The composition, at least in part, of the Work and the Infringement, is a

Transportation Security Administration Agent performing an enhanced pat-down search in the Denver, Colorado airport. 15. 16. The focal point of the Infringement is Denver, Colorado. The only geographic location that is associated with, and related to, the Work is

Denver, Colorado.

17. 18. 19. 20.

The Work was originally published in The Denver Post. The Defendants knew that the Work was originally published in The Denver Post. The Defendants knew that the Work originally emanated from Colorado. The Infringement, as publicly displayed on the Website, was and is accessible to

persons in Colorado. 21. 22. The Infringement occurred and continues to occur in Colorado. The Defendants' display of the Infringement was and is purposefully directed at

Colorado residents. 23. Colorado. The harm caused by the Infringement, was experienced, at least in part, in

VENUE 24. The United States District Court for the District of Colorado is an appropriate

venue, pursuant to 28 U.S.C. § 1400 (a), because the Defendants are subject to personal jurisdiction in Colorado. 25. The United States District Court for the District of Colorado is an appropriate

venue, pursuant to 28 U.S.C. § 1391(b)(2), because a substantial part of the events giving rise to the claim for relief are situated in Colorado. 26. The United States District Court for the District of Colorado is an appropriate

venue, pursuant to 28 U.S.C. § 1391(c), because Pantheon is subject to personal jurisdiction in Colorado.

FACTS 27. 102(a)(5). 28. Righthaven is the owner of the copyright in and to the Work. The Work constitutes copyrightable subject matter, pursuant to 17 U.S.C. §

29. 30.

The Work was originally published on or about November 18, 2010. On December 8, 2010, the United States Copyright Office (the "USCO") granted

Righthaven the registration to the Work, copyright registration number VA0001751279 (the "Registration") and attached hereto as Exhibit 3 is evidence of the Registration in the form of a printout of the official USCO database record depicting the occurrence of the Registration. 31. On or about November 24, 2010, the Defendants displayed, and continue to

display, the Infringement on the Website. 32. The Defendants did not seek permission, in any manner, to reproduce, display, or

otherwise exploit the Work. 33. The Defendants were not granted permission, in any manner, to reproduce,

display, or otherwise exploit the Work. 34. Pantheon knew, or reasonably should have known, that websites, such as the

Website, are and were the habitual subject of contributions by others of copyright-infringing content to the Website. 35. Pantheon did not institute any proactive policy of precluding or attempting to

preclude the contributions by others of copyright-infringing content to the Website. 36. Pantheon did not institute any proactive policy of monitoring or attempting to

monitor the contributions by others of copyright-infringing content to the Website. 37. Pantheon did not institute any proactive policy of deleting or attempting to delete

the contributions by others of copyright-infringing content to the Website. 38. Pantheon's failure to institute any proactive policies intended to address the

contributions by others of copyright-infringing content to the Website constituted and constitutes Pantheon's willful blindness to copyright infringements occurring on the Website.

FIRST CLAIM FOR RELIEF: DIRECT COPYRIGHT INFRINGEMENT 39. 38 above. 40. Righthaven holds the exclusive right to reproduce the Work, pursuant to 17 Righthaven repeats and realleges the allegations set forth in Paragraphs 1 through

U.S.C. § 106(1). 41. Righthaven holds the exclusive right to prepare derivative works based upon the

Work, pursuant to 17 U.S.C. § 106(2). 42. Righthaven holds the exclusive right to distribute copies of the Work, pursuant to

17 U.S.C. § 106(3). 43. Righthaven holds the exclusive right to publicly display the Work, pursuant to 17

U.S.C. § 106(5). 44. The Defendants reproduced the Work in derogation of Righthaven's exclusive

rights under 17 U.S.C. § 106(1). 45. The Defendants created an unauthorized derivative of the Work in derogation of

Righthaven's exclusive rights under 17 U.S.C. § 106(2). 46. The Defendants distributed, and continue to distribute, an unauthorized

reproduction of the Work on the Website, in derogation of Righthaven's exclusive rights under 17 U.S.C. § 106(3). 47. The Defendants publicly displayed, and continue to publicly display, an

unauthorized reproduction of the Work on the Website, in derogation of Righthaven's exclusive rights under 17 U.S.C. § 106(5). 48. Work. 49. The Defendants' acts as alleged herein, and the ongoing direct results of those The Defendants have willfully engaged in the copyright infringement of the

acts, have caused and will continue to cause irreparable harm to Righthaven in an amount Righthaven cannot ascertain, leaving Righthaven with no adequate remedy at law.

50.

Unless the Defendants are preliminarily and permanently enjoined from further

infringement of the Work, Righthaven will be irreparably harmed, and Righthaven is thus entitled to preliminary and permanent injunctive relief against further infringement by the Defendants of the Work, pursuant to 17 U.S.C. § 502.

SECOND CLAIM FOR RELIEF: VICARIOUS COPYRIGHT INFRINGEMENT AS TO PANTHEON ONLY 51. 50 above. 52. the Work. 53. Pantheon has the right to stop or limit infringement of the Work by contributors to Pantheon directly profited and continues to directly profit from infringement of Righthaven repeats and realleges the allegations set forth in Paragraphs 1 through

the Website, but have declined to meaningfully exercise that right. 54. Righthaven has been damaged as a result of the Publishers' acts as alleged herein,

and Pantheon is liable to Righthaven for such damages pursuant to 17 U.S.C. § 504(a)(2). 55. Pantheon's acts as alleged herein, and the ongoing direct results of those acts,

have caused and will continue to cause irreparable harm to Righthaven in an amount Righthaven cannot ascertain, leaving Righthaven with no adequate remedy at law. 56. Unless Pantheon is preliminarily and permanently enjoined from further

infringement of the Work, Righthaven will be irreparably harmed, and Righthaven is thus entitled to preliminary and permanent injunctive relief against further infringement by Pantheon of the Work, pursuant to 17 U.S.C. § 502.

PRAYER FOR RELIEF Righthaven requests that this Court grant Righthaven's claim for relief herein as follows: 1. Preliminarily and permanently enjoin and restrain the Defendants, and the

Defendants' officers, agents, servants, employees, attorneys, related companies, partners, and all persons acting for, by, with, through, or under the Defendants, from directly or indirectly infringing the Work by reproducing the Work, preparing derivative works based on the Work, distributing the Work to the public, and/or displaying the Work, or ordering, directing, participating in, or assisting in any such activity; 2. Direct the Defendants to preserve, retain, and deliver to Righthaven in hard copies

or electronic copies: a. All evidence and documentation relating in any way to Pantheon's use of

the Work, in any form, including, without limitation, all such evidence and documentation relating to the Website; b. All evidence and documentation relating to the names and addresses

(whether electronic mail addresses or otherwise) of any person with whom Pantheon have communicated regarding Pantheon's use of the Work; and c. Work; 3. Direct DirectNIC, the current registrar, and any successor domain name registrar All financial evidence and documentation relating to Pantheon's use of the

for the Domain, to lock the Domain and transfer control of the Domain to Righthaven; 4. Award Righthaven statutory damages for the willful infringement of the Work,

pursuant to 17 U.S.C. § 504(c); 5. Award Righthaven costs, disbursements, and attorneys' fees incurred by

Righthaven in bringing this action, pursuant to 17 U.S.C. § 505; 6. law; and Award Righthaven pre- and post-judgment interest in accordance with applicable

7.

Grant Righthaven such other relief as this Court deems appropriate.

DEMAND FOR JURY TRIAL Righthaven requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil Procedure. Dated this 4th day of March, 2011. By: /s/ Steven G. Ganim STEVEN G. GANIM, ESQ. Righthaven LLC 9960 West Cheyenne Avenue, Suite 210 Las Vegas, Nevada 89129-7701 Tel: [phone] Fax: [phone] [e-mail] SHAWN A. MANGANO, ESQ. SHAWN A. MANGANO, LTD. 9960 West Cheyenne Avenue, Suite 170 Las Vegas, Nevada 89129-7701 Tel: [phone] Fax: [phone] [e-mail] Attorneys for Plaintiff Righthaven LLC