Righthaven LLC v. Internet Brands, Inc. et al

Filing 1

COMPLAINT against Chuck Hoover, Internet Brands, Inc. (Filing fee $ 350 receipt number 0978-1701530), filed by Righthaven LLC. Certificate of Interested Parties due by 8/19/2010. Proof of service due by 12/7/2010. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons)(Coons, John)

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STEVEN A. GIBSON, ESQ.
Nevada Bar No. 6656
[e-mail]
J. CHARLES COONS, ESQ.
Nevada Bar No. 10553
[e-mail]
JOSEPH C. CHU, ESQ.
Nevada Bar No. 11082
[e-mail]
Righthaven LLC
9960 West Cheyenne Avenue, Suite 210
Las Vegas, Nevada 89129-7701
[phone]
Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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RIGHTHAVEN LLC, a Nevada limitedliability company,

Case No.: 2:10-cv-01346
COMPLAINT AND DEMAND
FOR JURY TRIAL

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Plaintiff,

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v.

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INTERNET BRANDS, INC., a Delaware
corporation; and CHUCK HOOVER, an
individual,

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Defendants.
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Righthaven LLC (“Righthaven”) complains as follows against Internet Brands, Inc.
(“Internet Brands”) and Chuck Hoover (“Mr. Hoover”; collectively with Internet Brands known
herein as the “Defendants”), on information and belief:

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NATURE OF ACTION
1.

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

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PARTIES

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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, and has been at all times relevant to this lawsuit, in good standing

with the Nevada Secretary of State.
4.

Internet Brands is, and has been at all times relevant to this lawsuit, a Delaware

corporation.
5.

Internet Brands is, and has been at all times relevant to this lawsuit, identified by

the current registrar, GoDaddy.com, Inc. (“GoDaddy”), as the registrant for the Internet domain
found at <corvetteforum.com> (the “Domain”).
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Internet Brands is, and has been at all times relevant to this lawsuit, identified by

GoDaddy as an administrative and technical contact for the Domain.
7.

Mr. Hoover is, and has been at all times relevant to this lawsuit, identified by

GoDaddy as an administrative and technical contact for the Domain.
8.

Internet Brands is, and has been at all times relevant to this lawsuit, the self-

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proclaimed owner of the copyright(s) in the work(s) posted as part of the content accessible

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through the Domain (said content accessible through the Domain known herein as the

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“Website”), as evidenced by a copyright notice displayed on the Website: “© 2010

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InternetBrands Inc. All rights reserved.”

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9.

Mr. Hoover is, and has been at all times relevant to this lawsuit, identified as the

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chief marketing officer of Internet Brands, as evidenced by the “Management” page of Internet

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Brands’ website, attached hereto as Exhibit 1.

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JURISDICTION

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10.

This Court has original subject matter jurisdiction over this copyright

infringement action pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1338(a).
11.

Righthaven is the owner of the copyright in the literary work entitled: “Reid

machine dwarfs Angle” (the “Work”), attached hereto as Exhibit 2.

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original source publication as the Las Vegas Review-Journal.
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At all times relevant to this lawsuit, the Work has depicted and depicts the

The Defendants willfully copied, on an unauthorized basis, the Work from a

source emanating from Nevada.
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On or about June 20, 2010, the Defendants displayed, and continue to display, an

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unauthorized reproduction of the Work (the “Infringement”), attached hereto as Exhibit 3, on the

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Website.
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At all times relevant to this lawsuit, the Infringement has depicted and depicts the

original source publication as the Las Vegas Review-Journal.
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The subject matter, at least in part, of the Work and the Infringement, is the

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political contest between Sharon Angle and Harry Reid for one of Nevada’s United States Senate

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seats.

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At all times relevant to this lawsuit, the Defendants knew that the Work was

originally published in the Las Vegas Review-Journal.
18.

At all times relevant to this lawsuit, the Defendants knew that the Infringement

was and is of specific interest to Nevada residents.
The Defendants’ display of the Infringement was and is purposefully directed at

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Nevada residents.

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20.

The Defendants knew, or reasonably should have known, that websites, such as

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the Website, are and were at all times relevant to this lawsuit, the habitual subject of postings by

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others of copyright-infringing content.

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21.

At all times relevant to this lawsuit, the Defendants did not institute any proactive

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policy of precluding or attempting to preclude the posting by others of copyright-infringing

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content on the Website.

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22.

At all times relevant to this lawsuit, the Defendants did not institute any proactive

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policy of monitoring or attempting to monitor the posting by others of copyright-infringing

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content on the Website.

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At all times relevant to this lawsuit, the Defendants did not institute any proactive

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policy of deleting or attempting to delete the posting by others of copyright-infringing content on

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the Website.

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24.

At all times relevant to this lawsuit, the Defendants’ failure to institute any

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proactive policies intended to address the posting by others of copyright-infringing content on

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the Website constituted and constitutes the Defendants’ willful blindness to copyright

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infringements occurring on the Website.

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VENUE

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25.

The United States District Court for the District of Nevada is an appropriate

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venue, pursuant to 28 U.S.C. § 1391(b)(2), because a substantial part of the events giving rise to

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the claim for relief are situated in Nevada.

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26.

The United States District Court for the District of Nevada is an appropriate

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venue, pursuant to 28 U.S.C. § 1391(c), because Internet Brands is subject to personal

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jurisdiction in Nevada.

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The United States District Court for the District of Nevada is an appropriate

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venue, pursuant to 28 U.S.C. § 1400(a), because the Defendants are subject to personal

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jurisdiction in Nevada.

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FACTS

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

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102(a)(1).

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29.

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

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30.

The Work was originally published on June 20, 2010.

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31.

On July 26, 2010, the United States Copyright Office (the “USCO”) granted

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Righthaven the registration to the Work, copyright registration number TX0007181485 (the

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“Registration”) and attached hereto as Exhibit 4 is evidence of the Registration from the official

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USCO database record depicting the occurrence of the Registration.

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32.

On or about June 20, 2010, the Defendants displayed, and continue to display, the

Infringement on the Website.
33.

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

otherwise exploit the Work.
34.

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

display, or otherwise exploit the Work.

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CLAIM FOR RELIEF: COPYRIGHT INFRINGEMENT

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35.

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

34 above.
36.

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

U.S.C. § 106(1).
37.

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

Work, pursuant to 17 U.S.C. § 106(2).
38.

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

17 U.S.C. § 106(3).
39.

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

U.S.C. § 106(5).
40.

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

rights under 17 U.S.C. § 106(1).
41.

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

Righthaven’s exclusive rights under 17 U.S.C. § 106(2).
42.

The Defendants distributed, and continue to distribute, an unauthorized

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reproduction of the Work on the Website, in derogation of Righthaven’s exclusive rights under

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17 U.S.C. § 106(3).

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43.

The Defendants publicly displayed, and continue to publicly display, an

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unauthorized reproduction of the Work on the Website, in derogation of Righthaven’s exclusive

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rights under 17 U.S.C. § 106(5).

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44.

Internet Brands has willfully engaged in the copyright infringement of the Work.

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45.

Mr. Hoover has willfully engaged in the copyright infringement of the Work.

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46.

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

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acts, have caused and will continue to cause irreparable harm to Righthaven in an amount

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Righthaven cannot ascertain, leaving Righthaven with no adequate remedy at law.

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47.

Unless the Defendants are preliminarily and permanently enjoined from further

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infringement of the Work, Righthaven will be irreparably harmed, and Righthaven is thus

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entitled to preliminary and permanent injunctive relief against further infringement by the

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Defendants of the Work, pursuant to 17 U.S.C. § 502.

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PRAYER FOR RELIEF

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Righthaven requests that this Court grant Righthaven’s claim for relief herein as follows:

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1.

Preliminarily and permanently enjoin and restrain the Defendants, and the

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Defendants’ officers, agents, servants, employees, attorneys, parents, subsidiaries, related

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companies, partners, and all persons acting for, by, with, through, or under the Defendants, from

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directly or indirectly infringing the Work by reproducing the Work, preparing derivative works

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based on the Work, distributing the Work to the public, and/or displaying the Work, or ordering,

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directing, participating in, or assisting in any such activity;

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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’

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use of the Work, in any form, including, without limitation, all such evidence and

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documentation relating to the Website;

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b.

All evidence and documentation relating to the names and addresses

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(whether electronic mail addresses or otherwise) of any person with whom the

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

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c.

All financial evidence and documentation relating to the Defendants’ use

of the Work;

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3.

Direct GoDaddy, the current registrar, 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;
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Award Righthaven pre- and post-judgment interest in accordance with applicable

law; and
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Grant Righthaven such other relief as this Court deems appropriate.

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DEMAND FOR JURY TRIAL

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Righthaven requests a trial by jury pursuant to Fed. R. Civ. P. 38.

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Dated this ninth day of August, 2010.

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RIGHTHAVEN LLC

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By: /s/ Joseph C. Chu
STEVEN A. GIBSON, ESQ.
Nevada Bar No. 6656
J. CHARLES COONS, ESQ.
Nevada Bar No. 10553
JOSEPH C. CHU, ESQ.
Nevada Bar No. 11082
9960 West Cheyenne Avenue, Suite 210
Las Vegas, Nevada 89129-7701
Attorneys for Plaintiff

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