Righthaven LLC v. Bjorklund et al

Filing 1

COMPLAINT and Demand for Jury Trial against Rachel Bjorklund and Thoughts From A Conservative Mom (Filing fee $ 350, Receipt Number 36343) Summons Issued, filed by Righthaven LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet, # 5 Receipt)(lyg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.:_________________________
RIGHTHAVEN LLC, a Nevada limited-liability company,
Plaintiff,
v.
RACHEL BJORKLUND, an individual; and
THOUGHTS FROM A CONSERVATIVE MOM, an entity of unknown origin and nature,
Defendants.

COMPLAINT AND DEMAND FOR JURY TRIAL

Righthaven LLC (“Righthaven”) complains as follows against Rachel Bjorklund
(hereinafter “Ms. Bjorklund”) and Thoughts From A Conservative Mom (“TFACM”;
collectively with TFACM 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, and has been at all times relevant to this lawsuit, a Nevada limited-

liability company with its principal place of business in Nevada.
3.

Righthaven is in good standing with the Nevada Secretary of State.

4.

The current registrar of the Internet domain found at <

Thoughtsfromaconservativemom.com> (the “Domain”) is FastDomain, Inc. (“FastDomain”).
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5.

The content accessible through the Domain and the Domain itself is known herein

as the “Website.”
6.

Ms. Bjorklund is, and has been at all times relevant to this lawsuit, the owner of

the Website.
7.

Attempts to find evidence of the formal organizational status in the respective

Secretary of State offices of Arizona, Delaware, California, Illinois, Nevada, New York, Texas
and Tennessee demonstrate that, at least with respect to these states, TFACM is not a formal
organized business entity.
8.

Ms. Bjorklund is, and has been at all times relevant to this lawsuit, the owner of

TFACM.
9.

The Defendants are, and have been at all times relevant to this lawsuit, the self-

proclaimed owner of the copyright(s) in the work(s) displayed on the Website, as evidenced by a
copyright notices on the Website: “© Rachel Bjorklund,
www.ThoughtsFromAConservativeMom.com” and “Copyright © 2010 Thoughts From A
Conservative Mom.”

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.

Righthaven is the owner of the copyright in and to the photograph entitled: “TSA

Agent performs enhanced pat-downs” (the “Work”), attached hereto as Exhibit 1.
12.

On or about November 27, 2010, the Defendants willfully reproduced the Work

on an unauthorized basis, from a source emanating from Colorado.

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13.

On or about November 27, 2010, the Defendants displayed, and continues 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.

The focal point of the Infringement is Denver, Colorado.

16.

The only geographic location that is associated with, and related to, the Work is

Denver, Colorado.
17.

The Work was originally published in The Denver Post.

18.

The Defendants knew that the Work was originally published in The Denver Post.

19.

The Defendants knew that the Work originally emanated from Colorado.

20.

At all times relevant to this lawsuit, the Infringement, as publicly displayed on the

Website, was and is accessible to persons in Colorado.
21.

The Infringement occurred and continues to occur in Colorado.

22.

The Defendants’ display of the Infringement was and is purposefully directed at

Colorado residents.
23.

The harm caused by the Infringement, was experienced, at least in part, in

Colorado.
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.

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FACTS
26.

The Work constitutes copyrightable subject matter, pursuant to 17 U.S.C. §

102(a)(5).
27.

Righthaven is the owner of the copyright in and to the Work.

28.

The Work was originally published on or about November 18, 2010.

29.

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.
30.

On or about November 27, 2010, the Defendants displayed, and continue to

display, the Infringement on the Website.
31.

The Defendants did not seek permission, in any manner, to reproduce, display, or

otherwise exploit the Work.
32.

The Defendants were not granted permission, in any manner, to reproduce,

display, or otherwise exploit the Work.

CLAIM FOR RELIEF: COPYRIGHT INFRINGEMENT
33.

Righthaven repeats and realleges the allegations set forth in Paragraphs 1 through

32 above.
34.

Righthaven holds the exclusive right to reproduce the Work, pursuant to 17

U.S.C. § 106(1).
35.

Righthaven holds the exclusive right to prepare derivative works based upon the

Work, pursuant to 17 U.S.C. § 106(2).
36.

Righthaven holds the exclusive right to distribute copies of the Work, pursuant to

17 U.S.C. § 106(3).

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37.

Righthaven holds the exclusive right to publicly display the Work, pursuant to 17

U.S.C. § 106(5).
38.

The Defendants reproduced the Work in derogation of Righthaven’s exclusive

rights under 17 U.S.C. § 106(1).
39.

The Defendants created an unauthorized derivative of the Work in derogation of

Righthaven’s exclusive rights under 17 U.S.C. § 106(2).
40.

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).
41.

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).
42.

The Defendants have willfully engaged in the copyright infringement of the

43.

The Defendants’ acts as alleged herein, and the ongoing direct results of those

Work.

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.
44.

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.

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

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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 the Defendants’

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 the
Defendants have communicated regarding the Defendants’ use of the Work; and
c.

All financial evidence and documentation relating to the Defendants’ use

of the Work;
3.

Direct FastDomain, and any successor domain name registrar 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.

Award Righthaven pre- and post-judgment interest in accordance with applicable

law; and
7.

Grant Righthaven such other relief as this Court deems appropriate.

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DEMAND FOR JURY TRIAL
Righthaven requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil
Procedure.
Dated this 25th 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

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