Righthaven LLC v. LEON et al

Filing 1

COMPLAINT against MICHAEL LEON, MEDBILLZ (Filing fee $ 350 receipt number 0978-1749280), filed by Righthaven LLC. Certificate of Interested Parties due by 10/7/2010. Proof of service due by 1/25/2011. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons)(Coons, John)

1
2
3
4
5
6
7

J. CHARLES COONS, ESQ.
Nevada Bar No. 10553
[e-mail]
Assistant General Counsel at Righthaven
JOSEPH C. CHU, ESQ.
Nevada Bar No. 11082
[e-mail]
Staff Attorney at Righthaven
Righthaven LLC
9960 West Cheyenne Avenue, Suite 210
Las Vegas, Nevada 89129-7701
[phone]
Attorneys for Plaintiff

8

UNITED STATES DISTRICT COURT

9

DISTRICT OF NEVADA

10
11
12

RIGHTHAVEN LLC, a Nevada limitedliability company,

Case No.: 2:10-cv-01672
COMPLAINT AND DEMAND
FOR JURY TRIAL

13

Plaintiff,
14

v.
15
16
17

MICHAEL LEON, an individual; and
MEDBILLZ, an entity of unknown origin and
nature,
Defendants.

18
19
20
21

Righthaven LLC (“Righthaven”) complains as follows against Michael Leon (“Mr.

22

Leon”) and MedBillz (collectively with Mr. Leon known herein as the “Defendants”) on

23

information and belief:

24
25

NATURE OF ACTION

26
27

1.

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

28

1

PARTIES

1
2
3
4
5
6

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.

MedBillz is, and has been at all times relevant to this lawsuit, identified by the

7

current registrar, GoDaddy.com, Inc. (“GoDaddy”), as the registrant of the Internet domain

8

found at <veteranstoday.com> (the “Domain”).

9
10
11

5.

MedBillz is, and has been at all times relevant to this lawsuit, an entity of

unknown origin and nature.
6.

Attempts to find evidence of formal organizational status in the respective

12

Secretary of State offices of Delaware, California, Illinois, New York, Texas, Tennessee, and

13

Nevada demonstrate that, at least with respect to these states, MedBillz is not a formally

14

organized business entity.

15

7.

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

16

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

17

herein as the “Website”) as the “Managing Editor” of the Website.

18

8.

Mr. Leon reproduced an unauthorized copy of the Righthaven-owned literary

19

work entitled: “Slaying of Army veteran shocks friends” (the “Work”), attached hereto as

20

Exhibit 1, and posted said unauthorized copy (the “Infringement”), attached hereto as Exhibit 2,

21

on the Website.

22

9.

MedBillz is, and has been at all times relevant to this lawsuit, the self-proclaimed

23

owner of the copyright(s) in the work(s) posted on the Website, as evidenced by a copyright

24

notice displayed on the Website: “COPYRIGHT © 2010. ALL RIGHTS RESERVED.”

25
26
27
28

2

JURISDICTION

1
2
3

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).

4

11.

Righthaven is the owner of the copyright in the Work.

5

12.

At all times relevant to this lawsuit, the Work has depicted and depicts the

6
7
8
9
10
11
12
13
14
15
16
17
18

original source publication as the Las Vegas Review-Journal.
13.

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

source emanating from Nevada.
14.

On or about July 13, 2010, the Defendants displayed, and continue to display, the

Infringement on the Website.
15.

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

original source publication as the Las Vegas Review-Journal.
16.

The subject matter, at least in part, of the Work and the Infringement, is the fatal

shooting of a Las Vegas, Nevada resident at a Las Vegas, Nevada-based Costco.
17.

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

19

19.

20

Nevada residents.

21
22

VENUE

23
24

20.

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

25

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

26

the claim for relief are situated in Nevada.

27
28

3

1

21.

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

2

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

3

jurisdiction in Nevada.

4
5

FACTS

6
7

22.

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

8

102(a)(1).

9

23.

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

10

24.

The Work was originally published on or about July 12, 2010.

11

25.

On September 9, 2010, the United States Copyright Office (the “USCO”)

12

received Righthaven’s official submittal for the registration to the Work, including the

13

application, the deposit copy, and the registration fee (the “Complete Application”), Service

14

Request No. 1-484454258, and attached hereto as Exhibit 3 is the official USCO application

15

submittal for the Work depicting the occurrence of the Complete Application.

16

26.

On or about July 13, 2010, Mr. Leon posted the Infringement on the Website, and

17

the indication of Mr. Leon’s posting of the Infringement on the Website is depicted in Exhibit 2,

18

wherein the Infringement states: “July 13, 2010 posted by Michael Leon.”

19
20
21
22
23
24

27.

On or about July 13, 2010, the Defendants displayed, and continue to display, the

Infringement on the Website.
28.

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

otherwise exploit the Work.
29.

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

display, or otherwise exploit the Work.

25
26
27
28

4

CLAIM FOR RELIEF: COPYRIGHT INFRINGEMENT

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16

30.

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

29 above.
31.

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

U.S.C. § 106(1).
32.

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

Work, pursuant to 17 U.S.C. § 106(2).
33.

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

17 U.S.C. § 106(3).
34.

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

U.S.C. § 106(5).
35.

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

rights under 17 U.S.C. § 106(1).
36.

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

Righthaven’s exclusive rights under 17 U.S.C. § 106(2).
37.

The Defendants distributed, and continue to distribute, an unauthorized

17

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

18

17 U.S.C. § 106(3).

19

38.

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

20

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

21

rights under 17 U.S.C. § 106(5).

22

39.

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

23

40.

MedBillz has willfully engaged in the copyright infringement of the Work.

24

41.

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

25

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

26

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

27
28

42.

Unless the Defendants are preliminarily and permanently enjoined from further

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

5

1

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

2

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

3
4

PRAYER FOR RELIEF

5
6

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

7

1.

Preliminarily and permanently enjoin and restrain the Defendants, and the

8

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

9

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

10

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

11

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

12

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

13
14

2.

Direct the Defendants to preserve, retain, and deliver to Righthaven in hard copies

or electronic copies:
a.

15

All evidence and documentation relating in any way to the Defendants’

16

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

17

documentation relating to the Website;
b.

18

All evidence and documentation relating to the names and addresses

19

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

20

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

21
22

of the Work;

23

3.

All financial evidence and documentation relating to the Defendants’ use

24
25
26
27
28

Direct GoDaddy, 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

1
2
3

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.

4
5

DEMAND FOR JURY TRIAL

6
7
8
9

Righthaven requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil
Procedure.
Dated this twenty-seventh day of September, 2010.

10
11

RIGHTHAVEN LLC

12
13

By: /s/ J. Charles Coons
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

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

7