Righthaven LLC v. Newsblaze LLC et al

Filing 1

COMPLAINT against Alan Gray, Newsblaze LLC (Filing fee $ 350 receipt number 0978-1977089), filed by Righthaven LLC. Certificate of Interested Parties due by 5/15/2011. Proof of service due by 9/2/2011. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet, # 6 Summons Newsblaze LLC, # 7 Summons Alan Gray) (Mangano, Shawn) (Entered: 05/05/2011)

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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.: 2:11-cv-00720
COMPLAINT AND DEMAND
FOR JURY TRIAL

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Plaintiff,
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v.
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NEWSBLAZE LLC, a California limitedliability company; and
ALAN GRAY, an individual,

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Defendants.

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Righthaven LLC (“Righthaven”) complains as follows against Newsblaze LLC

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(“Newsblaze”) and Alan Gray (“Mr. Gray”; collectively with Newsblaze known herein as the

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“Defendants”) on information and belief, and at all times relevant to this lawsuit, unless

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otherwise specifically 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.

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.

Newsblaze is a California limited-liability company.

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5.

Newsblaze is identified by the current registrar, Wild West Domains, Inc. (“Wild

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West Domains”), as the registrant of the Internet domain found at <newsblaze.com> (the

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“Domain”).

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6.

Newsblaze is identified by Wild West Domains as an administrative contact and

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technical contact of the Domain (the content accessible through the Domain and the Domain

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itself known herein as the “Website”).

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Mr. Gray is identified by Wild West Domains as an administrative contact and

technical contact of the Domain.
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Mr. Gray is identified as the “President and Publisher” of the Website, attached

hereto as Exhibit 1, on the Website.
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Newsblaze is the self-proclaimed owner of the copyright(s) in the work(s)

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displayed on the Website, as evidenced by a copyright notice displayed on the Website:

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“Copyright © 2004 - 2011 NewsBlaze LLC”.

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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, “Wife’s

health eases tension on Guerrero” (the “Work”), attached hereto as Exhibit 2.
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On or about March 8, 2011, 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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The Work has depicted and depicts the original source publication as the Las

Vegas Review-Journal.
14.

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

source emanating from Nevada.
15.

The Defendants knew that the Work was originally published in the Las Vegas

Review-Journal.

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16.

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Nevada residents.

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17.

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The Defendants knew that the Infringement was and is of specific interest to

The Infringement, as publically displayed on the Website, was and is accessible in

Nevada.

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18.

The Infringement occurred and continues to occur in Nevada.

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19.

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

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Nevada residents.

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VENUE

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20.

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

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102(a)(1).

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23.

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

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24.

The Work was originally published on March 6, 2011.

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On or about April 29, 2011, the United States Copyright Office (the “USCO”)

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received Righthaven’s official submittal for the registration of the 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. 1-602631518, and attached hereto as Exhibit 4 is the official USCO application

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

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26.

On or about March 8, 2011, the Defendants displayed, and continue to display,

the Infringement on the Website.
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The defendants did not seek permission, in any manner, to reproduce, display or

otherwise exploit the Work.
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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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29.

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

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

U.S.C. § 106(1).
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Righthaven holds the exclusive right to prepare derivative works based upon the

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

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

U.S.C. § 106(5).
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The Defendants reproduced the Work in derogation of Righthaven’s exclusive

rights under 17 U.S.C. § 106(1).
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The Defendants created an unauthorized derivative of the Work in derogation of

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

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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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37.

The Defendants publicly displayed, and continue to display, 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(5).

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38.

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

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39.

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

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40.

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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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:

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a.

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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;
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 Work; and
c.

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of the Work;

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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 Work,

pursuant to 17 U.S.C. § 504(c);
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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 Rule 38 of the Federal Rules of Civil
Procedure.
Dated this ____ 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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