Righthaven LLC v. Loosle et al

Filing 1

COMPLAINT against Tony Loosle, TCS, Inc. (Filing fee $ 350 receipt number 0978-1961641), filed by Righthaven LLC. Certificate of Interested Parties due by 5/1/2011. Proof of service due by 8/19/2011. (Attachments: # 1 Exhibit 1-8, # 2 Exhibit 9-12, # 3 Exhibit 13-18, # 4 Exhibit 19-24, # 5 Exhibit 25-28, # 6 Civil Cover Sheet, # 7 Summons Tony Loosle, # 8 Summons TCS, Inc.) (Mangano, Shawn)

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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]

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Attorney for Plaintiff Righthaven LLC
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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.:
COMPLAINT AND DEMAND
FOR JURY TRIAL

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Plaintiff,
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v.
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TONY CARL LOOSLE, an individual; and
TCS, INC., a Utah corporation

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Defendants.
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Righthaven LLC (“Righthaven”) complains as follows against Tony Carl Loosle (“Mr.
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Loosle”) and TCS, Inc. (“TCS”; collectively with Mr. Loosle known herein as the “Defendants”)
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on information and belief, and at all times relevant to this lawsuit, unless otherwise specifically
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indicated herein to the contrary:
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NATURE OF ACTION
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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.

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Righthaven is a Nevada limited-liability company with its principal place of

business in Nevada.

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3.

Righthaven is in good standing with the Nevada Secretary of State.

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4.

TCS is a Utah corporation.

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5.

Mr. Loosle is identified by the Utah Secretary of State business entity database, as

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the president of TCS.
6.

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TCS is identified by the current registrar, Directi Internet Solutions Pvt. Ltd.

(“Directi”), as a registrant of the Internet domain found at <lasvegasinfonewspaper.com> (the
“Domain”).
7.

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TCS is identified by Directi as an administrative contact, technical contact and

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billing contact of the Domain (the content accessible through the Domain and the Domain itself

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known herein as the “Website”).

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8.

Mr. Loosle is identified by Directi as a registrant of the Domain.

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9.

Mr. Loosle is identified by Directi as an administrative contact, technical contact

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and billing contact of the Domain.

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JURISDICTION

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10.

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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.

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Righthaven is the owner of the copyright in the literary work entitled, “Engineer

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called hero, credited with saving Arizona homes” (the “Hero Work”), attached hereto as Exhibit

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1.

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12.

The Hero Work was originally published on December 24, 2010.

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13.

On or about December 24, 2010, the Defendants displayed, and continue to

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display, an unauthorized reproduction of the Hero Work (the “Hero Infringement”), attached

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hereto as Exhibit 2, on the Website.

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2

14.

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Righthaven is the owner of the copyright in the literary work entitled, “Report

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reveals traces of chemical in area water supply” (the “Water Work”), attached hereto as Exhibit

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3.

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15.

The Water Work was originally published on December 24, 2010.

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16.

On or about December 24, 2010, the Defendants displayed, and continue to

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display, an unauthorized reproduction of the Water Work (the “Water Infringement”), attached

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hereto as Exhibit 4, on the Website.

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17.

Righthaven is the owner of the copyright in the literary work entitled, “Chamber

president Matt Crosson dies” (the “Chamber Work”), attached hereto as Exhibit 5.

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18.

The Chamber Work was originally published on December 24, 2010.

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19.

On or about December 24, 2010, the Defendants displayed, and continue to

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display, an unauthorized reproduction of the Chamber Work (the “Chamber Infringement”),

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attached hereto as Exhibit 6, on the Website.

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20.

Righthaven is the owner of the copyright in the literary work entitled, “Shelter’s

smiles are few” (the “Shelter Work”), attached hereto as Exhibit 7.

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21.

The Shelter Work was originally published on December 25, 2010.

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22.

On or about December 25, 2010, the Defendants displayed, and continue to

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display, an unauthorized reproduction of the Shelter Work (the “Shelter Infringement”), attached

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hereto as Exhibit 8, on the Website.

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23.

Righthaven is the owner of the copyright in the literary work entitled, “Rainy

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Christmas bird count keeps bluebirds in hiding but brings out ducks” (the “Bird Work”), attached

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hereto as Exhibit 9.

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The Bird Work was originally published on December 25, 2010.

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25.

On or about December 25, 2010, the Defendants displayed, and continue to

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display, an unauthorized reproduction of the Bird Work (the “Bird Infringement”), attached

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hereto as Exhibit 10, on the Website.

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26.

Righthaven is the owner of the copyright in the literary work entitled, “Hospital

singer strikes chord with patients feeling down” (the “Hospital Work”; collectively with the Hero

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1

Work, the Water Work, the Chamber Work, the Shelter Work, and the Bird Work known herein

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as the “Works”), attached hereto as Exhibit 11.

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27.

The Hospital Work was originally published on December 25, 2010.

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28.

On or about December 25, 2010, the Defendants displayed, and continue to

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display, an unauthorized reproduction of the Hospital Work (the “Hospital Infringement”;

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collectively with the Hero Infringement, the Water Infringement, the Chamber Infringement, the

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Shelter Infringement and the Bird Infringement known herein as the “Infringements”), attached

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hereto as Exhibit 12, on the Website.

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29.

The Works have depicted and depict the original source publication as the Las

Vegas Review-Journal.
30.

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

source emanating from Nevada.
31.

The Infringements have depicted and depict the original source publication as the

Las Vegas Review-Journal.
32.

The Defendants knew that the Works were originally published in the Las Vegas

Review-Journal.

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33.

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Nevada residents.

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34.

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The Defendants knew that the Infringements were and are of specific interest to

The Infringements, as publically displayed on the Website, were and are

accessible in Nevada.

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35.

The Infringements occurred and continue to occur in Nevada.

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36.

The Defendants’ display of the Infringements was and is purposefully directed at

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Nevada residents.

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VENUE

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37.

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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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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39.

The Works constitute copyrightable subject matter, pursuant to 17 U.S.C. §

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102(a)(1).

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40.

Righthaven is the owner of the copyrights in and to the Works.

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41.

The Hero Work was originally published on December 24, 2010.

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42.

On or about March 24, 2011, the United States Copyright Office (the “USCO”)

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

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

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Request No. 1-586769742, and attached hereto as Exhibit 13 is the official USCO application

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

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43.

On or about December 24, 2010, the Defendants displayed, and continue to

display, the Hero Infringement on the Website.

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44.

The Water Work was originally published on December 24, 2010.

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45.

On or about March 24, 2011, the USCO received Righthaven’s Complete

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Application for the registration of the Water Work, Service Request No. 1-586769768, and

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attached hereto as Exhibit 14 is the official USCO application submittal for the Water Work

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depicting the occurrence of the Complete Application.

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46.

On or about December 24, 2010, the Defendants displayed, and continue to

display, the Water Infringement on the Website.

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47.

The Chamber Work was originally published on December 24, 2010.

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48.

On or about March 24, 2011, the USCO received Righthaven’s Complete

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Application for the registration of the Chamber Work, Service Request No. 1-586769823, and

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attached hereto as Exhibit 15 is the official USCO application submittal for the Chamber Work

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depicting the occurrence of the Complete Application.

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49.

On or about December 24, 2010, the Defendants displayed, and continue to

display, the Chamber Infringement on the Website.

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50.

The Shelter Work was originally published on December 25, 2010.

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51.

On or about March 24, 2011, the USCO received Righthaven’s Complete

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Application for the registration of the Shelter Work, Service Request No. 1-586769848, and

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attached hereto as Exhibit 16 is the official USCO application submittal for the Shelter Work

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depicting the occurrence of the Complete Application.

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52.

On or about December 25, 2010, the Defendants displayed, and continue to

display, the Shelter Infringement on the Website.

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53.

The Bird Work was originally published on December 25, 2010.

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54.

On or about March 24, 2011, the USCO received Righthaven’s Complete

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Application for the registration of the Bird Work, Service Request No. 1-586769883, and

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attached hereto as Exhibit 17 is the official USCO application submittal for the Bird Work

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depicting the occurrence of the Complete Application.

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55.

On or about December 25, 2010, the Defendants displayed, and continue to

display, the Bird Infringement on the Website.

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56.

The Hospital Work was originally published on December 25, 2010.

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57.

On or about March 24, 2011, the USCO received Righthaven’s Complete

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Application for the registration of the Hospital Work, Service Request No. 1-586769908, and

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attached hereto as Exhibit 18 is the official USCO application submittal for the Hospital Work

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depicting the occurrence of the Complete Application.

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58.

On or about December 25, 2010, the Defendants displayed, and continue to

display, the Hospital Infringement on the Website.
59.

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

otherwise exploit the Works.
60.

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

display, or otherwise exploit the Works.

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61.

The nature and extent of the Defendants’ serial, unadulterated copyright

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infringement is further demonstrated by the Defendants’ apparently unauthorized exploitation of

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numerous literary works published by the Las Vegas Sun.

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62.

On or about April 9, 2011, the Las Vegas Sun published an article entitled,

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“Copyright lawsuit filed over sports-betting content” (the “Copyright Article”), attached hereto

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as Exhibit 19.

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63.

On or about April 9, 2011, the Defendants displayed, and continue to display, a

reproduction of the Copyright Article, attached hereto as Exhibit 20, on the Website.
64.

On or about April 10, 2011, the Las Vegas Sun published an article entitled,

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“Budget cuts would be ‘crushing’ for Las Vegas elementary school” (the “Budget Article”),

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attached hereto as Exhibit 21.

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65.

On or about April 10, 2011, the Defendants displayed, and continue to display, a

reproduction of the Budget Article, attached hereto as Exhibit 22, on the Website.
66.

On or about April 10, 2011, the Las Vegas Sun published an article entitled,

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“Strikeforce Notebook: Nick Diaz explains showmanship toward Paul Daley” (the “Strikeforce

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Article”), attached hereto as Exhibit 23.

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67.

On or about April 10, 2011, the Defendants displayed, and continue to display, a

reproduction of the Strikeforce Article, attached hereto as Exhibit 24, on the Website.
68.

On or about April 10, 2011, the Las Vegas Sun published an article entitled,

“Teachers in state budget bull’s-eye” (the “Bulls-eye Article”), attached hereto as Exhibit 25.
69.

On or about April 10, 2011, the Defendants displayed, and continue to display, a

reproduction of the Bulls-eye Article, attached hereto as Exhibit 26, on the Website.
70.

On or about April 10, 2011, the Las Vegas Sun published an article entitled

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“Former Rebels player Dave Rice lands his dream job” (the “Dream Job Article”), attached

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hereto as Exhibit 27.

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71.

On or about April 10, 2011, the Defendants displayed, and continue to display, a

reproduction of the Dream Job Article, attached hereto as Exhibit 28, on the Website.

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FIRST CLAIM FOR RELIEF: COPYRIGHT

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INFRINGEMENT OF THE HERO WORK

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72.

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

71 above.
73.

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

U.S.C. § 106(1).
74.

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

Hero Work, pursuant to 17 U.S.C. § 106(2).
75.

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

pursuant to 17 U.S.C. § 106(3).
76.

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

to 17 U.S.C. § 106(5).
77.

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

exclusive rights under 17 U.S.C. § 106(1).
78.

The Defendants created an unauthorized derivative of the Hero Work in

derogation of Righthaven’s exclusive rights under 17 U.S.C. § 106(2).
79.

The Defendants distributed, and continue to distribute, an unauthorized

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

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under 17 U.S.C. § 106(3).

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80.

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

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

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under 17 U.S.C. § 106(5).

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81.

Mr. Loosle has willfully engaged in the copyright infringement of the Hero Work.

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82.

TCS has willfully engaged in the copyright infringement of the Hero Work.

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83.

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

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

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

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84.

Unless the Defendants are preliminarily and permanently enjoined from further

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

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SECOND CLAIM FOR RELIEF: COPYRIGHT

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INFRINGEMENT OF THE WATER WORK

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85.

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

84 above.
86.

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

U.S.C. § 106(1).
87.

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

Water Work, pursuant to 17 U.S.C. § 106(2).
88.

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

pursuant to 17 U.S.C. § 106(3).
89.

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

to 17 U.S.C. § 106(5).
90.

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

exclusive rights under 17 U.S.C. § 106(1).
91.

The Defendants created an unauthorized derivative of the Water Work in

derogation of Righthaven’s exclusive rights under 17 U.S.C. § 106(2).
92.

The Defendants distributed, and continue to distribute, an unauthorized

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

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under 17 U.S.C. § 106(3).

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93.

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

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

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under 17 U.S.C. § 106(5).

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94.

Mr. Loosle has willfully engaged in the copyright infringement of the Water

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95.

TCS has willfully engaged in the copyright infringement of the Water Work.

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96.

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

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Work.

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

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

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97.

Unless the Defendants are preliminarily and permanently enjoined from further

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

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THIRD CLAIM FOR RELIEF: COPYRIGHT

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INFRINGEMENT OF THE CHAMBER WORK

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98.

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

97 above.
99.

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

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17 U.S.C. § 106(1).

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100.

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

Chamber Work, pursuant to 17 U.S.C. § 106(2).
101.

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

pursuant to 17 U.S.C. § 106(3).
102.

Righthaven holds the exclusive right to publicly display the Chamber Work,

pursuant to 17 U.S.C. § 106(5).
103.

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

exclusive rights under 17 U.S.C. § 106(1).
104.

The Defendants created an unauthorized derivative of the Chamber Work in

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

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105.

1

The Defendants distributed, and continue to distribute, an unauthorized

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

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rights under 17 U.S.C. § 106(3).
106.

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

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

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rights under 17 U.S.C. § 106(5).
107.

Mr. Loosle has willfully engaged in the copyright infringement of the Chamber

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108.

TCS has willfully engaged in the copyright infringement of the Chamber Work.

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109.

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

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Work.

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

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

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110.

Unless the Defendants are preliminarily and permanently enjoined from further

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

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

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

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FOURTH CLAIM FOR RELIEF: COPYRIGHT

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INFRINGEMENT OF THE SHELTER WORK

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111.

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

110 above.

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112.

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17 U.S.C. § 106(1).

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113.

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

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

Shelter Work, pursuant to 17 U.S.C. § 106(2).
114.

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

pursuant to 17 U.S.C. § 106(3).

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115.

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pursuant to 17 U.S.C. § 106(5).
116.

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

exclusive rights under 17 U.S.C. § 106(1).
117.

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Righthaven holds the exclusive right to publicly display the Shelter Work,

The Defendants created an unauthorized derivative of the Shelter Work in

derogation of Righthaven’s exclusive rights under 17 U.S.C. § 106(2).
118.

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The Defendants distributed, and continue to distribute, an unauthorized

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

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under 17 U.S.C. § 106(3).
119.

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

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

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under 17 U.S.C. § 106(5).
120.

Mr. Loosle has willfully engaged in the copyright infringement of the Shelter

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121.

TCS has willfully engaged in the copyright infringement of the Shelter Work.

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122.

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

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Work.

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

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

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123.

Unless the Defendants are preliminarily and permanently enjoined from further

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

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FIFTH CLAIM FOR RELIEF: COPYRIGHT I

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NFRINGEMENT OF THE BIRD WORK

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124.

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

123 above.

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125.

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

U.S.C. § 106(1).
126.

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

Bird Work, pursuant to 17 U.S.C. § 106(2).
127.

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

pursuant to 17 U.S.C. § 106(3).
128.

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

to 17 U.S.C. § 106(5).
129.

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

exclusive rights under 17 U.S.C. § 106(1).
130.

The Defendants created an unauthorized derivative of the Bird Work in

derogation of Righthaven’s exclusive rights under 17 U.S.C. § 106(2).
131.

The Defendants distributed, and continue to distribute, an unauthorized

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

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under 17 U.S.C. § 106(3).

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132.

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

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

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under 17 U.S.C. § 106(5).

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133.

Mr. Loosle has willfully engaged in the copyright infringement of the Bird Work.

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134.

TCS has willfully engaged in the copyright infringement of the Bird Work.

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135.

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

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

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

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136.

Unless the Defendants are preliminarily and permanently enjoined from further

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

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1

SIXTH CLAIM FOR RELIEF: COPYRIGHT

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INFRINGEMENT OF THE HOSPITAL WORK
137.

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4

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

136 above.

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138.

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17 U.S.C. § 106(1).

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139.

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140.

141.

142.

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

exclusive rights under 17 U.S.C. § 106(1).
143.

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Righthaven holds the exclusive right to publicly display the Hospital Work,

pursuant to 17 U.S.C. § 106(5).

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

pursuant to 17 U.S.C. § 106(3).

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

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

9
10

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

The Defendants created an unauthorized derivative of the Hospital Work in

derogation of Righthaven’s exclusive rights under 17 U.S.C. § 106(2).
144.

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The Defendants distributed, and continue to distribute, an unauthorized

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

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rights under 17 U.S.C. § 106(3).
145.

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

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

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rights under 17 U.S.C. § 106(5).
146.

Mr. Loosle has willfully engaged in the copyright infringement of the Hospital

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147.

TCS has willfully engaged in the copyright infringement of the Hospital Work.

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148.

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

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24

Work.

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

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

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1

149.

Unless the Defendants are preliminarily and permanently enjoined from further

2

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

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

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Defendants of the Hospital 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.

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Preliminarily and permanently enjoin and restrain the Defendants, and the

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 Works by reproducing the Works, preparing derivative works

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based on the Works, distributing the Works to the public, and/or displaying the Works, or

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ordering, 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.

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

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

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documentation relating to the Website;
b.

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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 Works; and
c.

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of the Works;

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3.

All financial evidence and documentation relating to the Defendants’ use

Order the surrender to Righthaven of all hardware, software, electronic media and

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domains, including the Domain used to store, disseminate and display the unauthorized versions

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of any and all copyrighted works as provided for under 17 U.S.C. § 505(b) and/or as authorized

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by Federal Rule of Civil Procedure 64;

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4.

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

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.

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

law; and
7.

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 Rule 38 of the Federal Rules of Civil
Procedure.
Dated this 21st day of April, 2011.

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RIGHTHAVEN LLC
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By: /s/ Shawn A. Mangano

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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]

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Attorney for Plaintiff Righthaven LLC
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