Toma v. Motley Crue, Inc. et al

Filing 1

COMPLAINT filed by Ron Toma; Jury Demand. Filing fee $ 350, receipt number 0752-5614815.(Thompson, Lawrence)

]THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

RON TOMA, an individual,
Plaintiff,
vs.
MOTLEY CRUE, INC., a California
corporation; and LIVE NATION
MERCHANDISE, INC., a Delaware corporation;
Defendants.

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Case No.: 1:11-cv-345

JURY DEMAND

COMPLAINT
NOW COMES the Plaintiff, RON TOMA (“TOMA”), by his attorney, LAWRENCE E.
THOMPSON of THE THOMPSON LAW OFFICE, P.C., and respectfully states as his
Complaint against the Defendants, MOTLEY CRUE, INC. (“MOTLEY CRUE”), and LIVE
NATION MERCHANDISE, INC., (“LIVE NATION”), the following:
NATURE OF THE ACTION IN BRIEF
1.

This is an action by TOMA for injunctive relief and damages relating to the

defendants’ copyright infringement of TOMA’s intellectual property. More specifically, TOMA
possesses copyrights in photographic images of the members of Motley Crue, a popular band,
that were created by author Michael Pinter in 1981. Defendant LIVE NATION has copied
and/or distributed at least one of those images. Defendant LIVE NATION’s actions in this
regard constitute copyright infringement.
2.

Further, upon information and belief, MOTLEY CRUE induced LIVE NATION

to infringe the TOMA’s intellectual property.

TOMA, MOTLEY CRUE, and Signatures

Network, Inc. (to which, upon information and belief, LIVE NATION claims is a successor-ininterest) were parties to prior litigation, Toma v. Motley Crue, et al., 08-cv-03479 (N.D. ILL
Closed 05/22/09) that concerned the same intellectual property. The prior litigation was resolved
pursuant to a confidential settlement agreement. Upon information and belief, MOTLEY CRUE
has authorized LIVE NATION’s infringing activity.
PARTIES AND JURISDICTION
3.

The plaintiff is a citizen of Illinois residing in DuPage County.

4.

MOTLEY CRUE is a California corporation having its principal place of business

in California. Upon information and belief, LIVE NATION is a Delaware corporation having its
principal place of business in California.
5.

The amount in controversy, without interest and costs, exceeds the sum or value

specified by 28 U.S.C. § 1332.
6.

This Court has jurisdiction under 17 U.S.C. § 101 et seq.; 28 U.S.C. § 1331

(federal question); 28 U.S.C. § 1332 (diversity); and 28 U.S.C. § 1338(a) (copyright).
7.

Venue is proper pursuant to 28 U.S.C. § 1391 and 28 U.S.C. § 1400.

8.

This action arises under federal statutes. Defendants’ conduct and activities were,

and are, unauthorized and constitute copyright infringement under the United States Copyright
Act, 17 U.S.C. § 101, et seq.
COUNT I - COPYRIGHT INFRINGEMENT
9.

In 1981, Michael Pinter created original photograph images of the members of the

band Motley Crue (the “Pinter Images”).
10.

The Pinter Images, individually and collectively, are original works subject to
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copyright protection under United States law.

The Pinter Images include the relevant

photographic images attached as Exhibit A (the “Belt Buckle Image” attached as Exhibit A-1,
and the “Vince Neil Image” attached as Exhibit A-2).
11.

Plaintiff acquired the copyright in the Pinter Images through written assignments

which have been provided to the Copyright Office.
12.

Plaintiff has registered the Belt Buckle Image and the Vince Neil Image with the

Copyright Office as Reg. No. VA1642841 and Reg. No. VA1642842. See Exhibit B.
13.

The defendants have infringed the copyright by publishing and selling one or

more images and/or derivatives that were copied from the plaintiff's Pinter Images including the
Belt Buckle Image and the Vince Neil Image. For example, see the portions of the websites:,
http://www.store.livenation.com/Product.aspx?pc=FXCMMOT50697,
and
http://www.fanfire.com/cgi-bin/WebObjects/Store.woa/wa/product?sourceCode=MOTWEB&
sku=MOT50697,
attached as Exhibit C.
14.

The defendants have infringed the copyright by distributing products bearing one

or more images and/or derivatives that were copied from the plaintiff's Pinter Images including
the Belt Buckle Image and/or the Vince Neil Image, and have done so without the proper
copyright notice.
15.

Upon information and belief, defendants continue to infringe and/or are planning

to infringe the copyright by continuing to publish and sell the infringing images in violation of
the copyright thus causing irreparable damage.
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PRAYER FOR RELIEF
Therefore, TOMA demands:
(a)

for Defendants MOTLEY CRUE and LIVE NATION to be enjoined from

engaging in any further unauthorized infringement of plaintiff’s protected photographic images;
(b)

for Defendants MOTLEY CRUE and LIVE NATION to account for and pay as

damages to the plaintiff all profits and advantages gained from infringing the plaintiff's copyright
and that the Court enter judgment in favor of plaintiff and against Defendants MOTLEY CRUE,
and LIVE NATION for damages sustained by plaintiff in an amount to be determined at trial;
(c)

for Defendants MOTLEY CRUE and LIVE NATION to pay the plaintiff interest,

costs, and reasonable attorney's fees; and
(d)

for plaintiff to be awarded any other just relief.
JURY DEMAND

TOMA hereby demands a trial by jury on all issues and claims triable by jury.
Respectfully submitted,
Dated: January 17, 2011

RON TOMA

By:
Lawrence E. Thompson, Esq.
THE THOMPSON LAW OFFICE, P.C.
831 S. State Street
Lockport, IL 60441
[e-mail]
815.838.6033
Fax: [phone]
Attorney No. 6279547

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/Lawrence E. Thompson/
Lawrence E. Thompson