Righthaven LLC v. Combs

Filing 1

COMPLAINT against Keith Combs (Filing fee $ 350 receipt number 0978-1819105), filed by Righthaven LLC. Certificate of Interested Parties due by 12/19/2010. Proof of service due by 4/8/2011. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons)(Coons, John)

Righthaven LLC v. Combs

Doc. 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

SHAWN A. MANGANO, ESQ. Nevada Bar No. 6730 [e-mail] SHAWN A. MANGANO, LTD. 9960 West Cheyenne Avenue, Suite 170 Las Vegas, Nevada 89129-7701 Tel: [phone] Fax: [phone] J. CHARLES COONS, ESQ. Nevada Bar No. 10553 [e-mail] Assistant General Counsel at Righthaven LLC JOSEPH C. CHU, ESQ. Nevada Bar No. 11082 [e-mail] Staff Attorney at Righthaven LLC Righthaven LLC 9960 West Cheyenne Avenue, Suite 210 Las Vegas, Nevada 89129-7701 [phone] Attorneys for Plaintiff Righthaven LLC UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

RIGHTHAVEN LLC, a Nevada limitedliability company, Plaintiff, v. KEITH COMBS, an individual, Defendant.

Case No.: 2:10-cv-02145 COMPLAINT AND DEMAND FOR JURY TRIAL

Righthaven LLC ("Righthaven") complains as follows against Keith Combs ("Mr. Combs") on information and belief:

1
Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

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

with the Nevada Secretary of State. 4. Mr. Combs is, and has been at all times relevant to this lawsuit, identified as the

owner of the Internet domain found at <blog.technet.com/b/keithcombs> (the "Domain"), as evidenced by the title of the Domain, "Keith Comb's Blahg."

JURISDICTION 5. 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). 6. Righthaven is the owner of the copyright in the illustration entitled: "Vdara death-

ray" (the "Work"), attached hereto as Exhibit 1. 7. At all times relevant to this lawsuit, the Work has depicted and depicts the

original source publication as the Las Vegas Review-Journal. 8. Mr. Combs willfully copied, on an unauthorized basis, the Work from a source

emanating from Nevada. 9. On or about September 28, 2010, Mr. Combs displayed, and continues to display,

an unauthorized reproduction of the Work (the "Infringement"), attached hereto as Exhibit 2, as part of the content accessible through the Domain (said content accessible through the Domain and the Domain itself collectively known herein as the "Website"). 10. At all times relevant to this lawsuit, the Infringement has depicted and depicts the

original source publication as the Las Vegas Review-Journal.

2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

11.

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

magnification of the sun's rays off the surface of the Vdara Hotel, located in Las Vegas, Nevada. 12. At all times relevant to this lawsuit, Mr. Combs knew that the Work was

originally published in the Las Vegas Review-Journal. 13. At all times relevant to this lawsuit, Mr. Combs knew that the Infringement was

and is of specific interest to Nevada residents. 14. At all times relevant to this lawsuit, the Infringement, as publically displayed on

the Website was and is accessible in Nevada. 15. At all times relevant to this lawsuit, the Infringement occurred and continues to

occur in Nevada. 16. Mr. Combs' display of the Infringement was and is purposefully directed at

Nevada residents.

VENUE 17. The United States District Court for the District of Nevada 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 Nevada. 18. The United States District Court for the District of Nevada is an appropriate

venue, pursuant to 28 U.S.C. § 1400 (a), because Mr. Combs is subject to personal jurisdiction in Nevada.

FACTS 19. 102(a)(5). 20. 21. 22. Righthaven is the owner of the copyright in and to the Work. The Work was originally published on or about September 25, 2010. On November 24, 2010, the United States Copyright Office (the "USCO") The Work constitutes copyrightable subject matter, pursuant to 17 U.S.C. §

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

3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

application, the deposit copy, and the registration fee (the "Complete Application"), Service Request No. 1-524088592, and attached hereto as Exhibit 3 is the official USCO application submittal for the Work depicting the occurrence of the Complete Application. 23. On or about September 28, 2010, Mr. Combs displayed, and continues to display,

the Infringement on the Website. 24. Mr. Combs did not seek permission, in any manner, to reproduce, display, or

otherwise exploit the Work. 25. Mr. Combs was not granted permission, in any manner, to reproduce, display, or

otherwise exploit the Work.

CLAIM FOR RELIEF: COPYRIGHT INFRINGEMENT 26. 25 above. 27. 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). 28. Righthaven holds the exclusive right to prepare derivative works based upon the

Work, pursuant to 17 U.S.C. § 106(2). 29. Righthaven holds the exclusive right to distribute copies of the Work, pursuant to

17 U.S.C. § 106(3). 30. Righthaven holds the exclusive right to publicly display the Work, pursuant to 17

U.S.C. § 106(5). 31. Mr. Combs reproduced the Work in derogation of Righthaven's exclusive rights

under 17 U.S.C. § 106(1). 32. Mr. Combs created an unauthorized derivative of the Work in derogation of

Righthaven's exclusive rights under 17 U.S.C. § 106(2). 33. Mr. Combs distributed, and continues 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).

4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

34.

Mr. Combs publicly displayed, and continues 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). 35. 36. Mr. Combs has willfully engaged in the copyright infringement of the Work. Mr. Combs' 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. 37. Unless Mr. Combs 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 Mr. Combs 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 Mr. Combs, and Mr. Combs'

agents, servants, employees, attorneys, parents, subsidiaries, related companies, partners, and all persons acting for, by, with, through, or under Mr. Combs, 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 Mr. Combs to preserve, retain, and deliver to Righthaven in hard copies or

electronic copies: a. All evidence and documentation relating in any way to Mr. Combs' 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 Mr. Combs has communicated regarding Mr. Combs' use of the Work; and

5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

c. the Work; 3.

All financial evidence and documentation relating to Mr. Combs' use of

Direct 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; 6. law; and 7. Grant Righthaven such other relief as this Court deems appropriate. Award Righthaven pre- and post-judgment interest in accordance with applicable

DEMAND FOR JURY TRIAL Righthaven requests a trial by jury pursuant to Fed. R. Civ. P. 38. Dated this ninth day of December, 2010. RIGHTHAVEN LLC By: /s/ J. Charles Coons SHAWN A. MANGANO, ESQ. Nevada Bar No. 6730 [e-mail] SHAWN A. MANGANO, LTD. 9960 West Cheyenne Avenue, Suite 170 Las Vegas, Nevada 89129-7701 Tel: [phone] Fax: [phone] J. CHARLES COONS, ESQ. Nevada Bar No. 10553 [e-mail] Assistant General Counsel at Righthaven LLC JOSEPH C. CHU, ESQ. Nevada Bar No. 11082 [e-mail] Staff Attorney at Righthaven LLC Righthaven LLC 9960 West Cheyenne Avenue, Suite 210 Las Vegas, Nevada 89129-7701 [phone] Attorneys for Plaintiff Righthaven LLC 6