Righthaven LLC v. Hoehn

Filing 1

COMPLAINT against Wayne Hoehn (Filing fee $ 350 receipt number 0978-1849190), filed by Righthaven LLC. Certificate of Interested Parties due by 1/21/2011. Proof of service due by 5/11/2011. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons)(Coons, John)

1
2
3
4
5
6
7
8
9
10

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
Righthaven LLC
9960 West Cheyenne Avenue, Suite 210
Las Vegas, Nevada 89129-7701
[phone]
Attorneys for Plaintiff Righthaven LLC

11

UNITED STATES DISTRICT COURT

12

DISTRICT OF NEVADA

13
14
15

RIGHTHAVEN LLC, a Nevada limitedliability company,

Case No.: 2:11-cv-XXXX
COMPLAINT AND DEMAND
FOR JURY TRIAL

16

Plaintiff,

17
18

v.

19

WAYNE HOEHN, an individual,

20

Defendant.
21
22
23
24

Righthaven LLC (“Righthaven”) complains as follows against Wayne Hoehn (“Mr.
Hoehn”) on information and belief:

25
26
27

NATURE OF ACTION
1.

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

28

1

PARTIES

1
2
3
4
5
6
7
8
9
10
11
12

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. Hoehn is, and has been since July 13, 1999, identified as a registered user of

the Internet domain found at <madjacksports.com> (the “Domain”).
5.

Mr. Hoehn is, and has been since July 13, 1999, identified by the user name

“Dogs that Bark,” via the content accessible through the Domain (the content accessible through
the Domain and the Domain itself known herein as the “Website”).
6.

According to data published on the Website, Mr. Hoehn has approximately

18,000 total posts on the Website.

13

7.

14

Mr. Hoehn is not, and has never been, employed by the owner and operator of the

Website.

15

JURISDICTION

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

8.

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).
9.

Righthaven is the owner of the copyright in and to the literary work entitled:

“Public employee pensions; We can’t afford them” (the “Work”), attached hereto as Exhibit 1.
10.

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

original source publication as the Las Vegas Review-Journal.
11.

Mr. Hoehn willfully copied, on an unauthorized basis, the Work from a source

emanating from Nevada.
12.

On or about November 29, 2010, Mr. Hoehn displayed an unauthorized copy of

the Work (the “Infringement”) on the Website, attached hereto as Exhibit 2.
13.

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

14.

At all times relevant to this lawsuit, Mr. Hoehn knew that the Work was originally

published in the Las Vegas Review-Journal.
15.

At all times relevant to this lawsuit, Mr. Hoehn knew that the Infringement was

and is of specific interest to Nevada residents.
16.

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

the Website was and is accessible in Nevada.

7

17.

At all times relevant to this lawsuit, the Infringement occurred and continues to

8

occur in Nevada.

9

18.

10

Nevada residents.

Mr. Hoehn’s display of the Infringement was and is purposefully directed at

11

VENUE

12
13

19.

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

14

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

15

the claim for relief are situated in Nevada.

16

20.

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

17

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

18

Nevada.

19

FACTS

20
21

21.

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

22

102(a)(1).

23

22.

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

24

23.

The Work was originally published on or about November 28, 2010.

25

24.

On December 15, 2010, the United States Copyright Office (the “USCO”)

26

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

27

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

28

3

1

Request No. 1-534407838, and attached hereto as Exhibit 3 is the official USCO application

2

submittal for the Work depicting the occurrence of the Complete Application.
25.

3
4

Website.
26.

5
6

Mr. Hoehn did not seek permission, in any manner, to reproduce, display, or

otherwise exploit the Work.
27.

7
8

On or about November 29, 2010, Mr. Hoehn displayed the Infringement on the

Mr. Hoehn was not granted permission, in any manner, to reproduce, display, or

otherwise exploit the Work.

9

CLAIM FOR RELIEF: COPYRIGHT INFRINGEMENT

10

28.

11
12

27 above.
29.

13
14

30.

31.

32.

33.

Mr. Hoehn reproduced the Work in derogation of Righthaven’s exclusive rights

under 17 U.S.C. § 106(1).
34.

23
24

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

U.S.C. § 106(5).

21
22

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

17 U.S.C. § 106(3).

19
20

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

Work, pursuant to 17 U.S.C. § 106(2).

17
18

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

U.S.C. § 106(1).

15
16

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

Mr. Hoehn created an unauthorized derivative of the Work in derogation of

Righthaven’s exclusive rights under 17 U.S.C. § 106(2).
35.

25

Mr. Hoehn distributed, and continue to distribute, an unauthorized reproduction of

26

the Work on the Website, in derogation of Righthaven’s exclusive rights under 17 U.S.C. §

27

106(3).

28

4

1

36.

Mr. Hoehn publicly displayed, and continue to publicly display, an unauthorized

2

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

3

17 U.S.C. § 106(5).

4

37.

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

5

38.

Mr. Hoehn’s acts as alleged herein, and the ongoing direct results of those acts,

6

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

7

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

8

39.

Unless Mr. Hoehn is preliminarily and permanently enjoined from further

9

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

10

entitled to preliminary and permanent injunctive relief against further infringement by Mr.

11

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

12

PRAYER FOR RELIEF

13
14

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

15

1.

Preliminarily and permanently enjoin and restrain Mr. Hoehn, and Mr. Hoehn’s

16

officers, agents, servants, employees, attorneys, related companies, partners, and all persons

17

acting for, by, with, through, or under Mr. Hoehn, from directly or indirectly infringing the Work

18

by reproducing the Work, preparing derivative works based on the Work, distributing the Work

19

to the public, and/or displaying the Work, or ordering, directing, participating in, or assisting in

20

any such activity;

21

2.

22

electronic copies:

23

Direct Mr. Hoehn to preserve, retain, and deliver to Righthaven in hard copies or

a.

All evidence and documentation relating in any way to Mr. Hoehn’s use of

24

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

25

documentation relating to the Website;

26

b.

All evidence and documentation relating to the names and addresses

27

(whether electronic mail addresses or otherwise) of any person with whom Mr. Hoehn

28

have communicated regarding Mr. Hoehn’s use of the Work; and

5

c.

1
2

the Work;

3

3.

All financial evidence and documentation relating to Mr. Hoehn’s use of

4
5
6
7
8
9

Award Righthaven statutory damages for the willful infringement of the Work,

pursuant to 17 U.S.C. § 504(c);
4.

Award Righthaven costs, disbursements, and attorneys’ fees incurred by

Righthaven in bringing this action, pursuant to 17 U.S.C. § 505;
5.

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

law; and
6.

Grant Righthaven such other relief as this Court deems appropriate.

10

DEMAND FOR JURY TRIAL

11
12
13
14

Righthaven requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil
Procedure.
Dated this eleventh day of January, 2011.

15

SHAWN A. MANGANO, LTD.
16
17

By: /s/ Shawn A. Mangano

18

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]

19
20
21
22

J. CHARLES COONS, ESQ.
Nevada Bar No. 10553
[e-mail]
Assistant General Counsel at Righthaven
LLC
Righthaven LLC
9960 West Cheyenne Avenue, Suite 210
Las Vegas, Nevada 89129-7701
[phone]

23
24
25
26
27

Attorneys for Plaintiff Righthaven LLC
28

6