Righthaven LLC v. Brommell et al

Filing 1

COMPLAINT against Holly L. Brewer, Neil G. Brommell (Filing fee $ 350 receipt number 0978-1977624), filed by Righthaven LLC. Certificate of Interested Parties due by 5/16/2011. Proof of service due by 9/3/2011. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Civil Cover Sheet, # 5 Summons Neil G. Brommell, # 6 Summons Holly L. Brewer) (Mangano, Shawn) (Entered: 05/06/2011)

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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-00724
COMPLAINT AND DEMAND
FOR JURY TRIAL

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Plaintiff,
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v.
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NEIL G. BROMMELL, an individual; and
HOLLY L. BREWER, an individual,

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Defendants,

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Righthaven LLC (“Righthaven”) complains as follows against Neil G. Brommell (“Mr.

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Brommell”) and Holly L. Brewer (“Ms. Brewer”; collectively with Mr. Brommell known herein

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as the “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.

Mr. Brommell is the owner of the Internet domain found at <tvclubhouse.com>

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(the “Domain”; the content accessible through the Domain and the Domain itself known herein

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as the “Website”).

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5.

Ms. Brewer is a registered user and member of the Website.

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6.

Ms. Brewer is also known as “Konamouse” on the Website.

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7.

Ms. Brewer reproduced an unauthorized copy of the literary work entitled,

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“‘Survivor’ star has new table game in play” (the “Work”), attached hereto as Exhibit 1, and

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displayed said unauthorized copy (the “Infringement”), attached hereto as Exhibit 2, on the

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Website.

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JURISDICTION

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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).

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9.

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

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10.

On or about February 25, 2011, the Defendants displayed, and continue to

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display, the Infringement on the Website.
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The Work has depicted and depicts the original source publication as the Las

Vegas Review-Journal.
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The Defendants willfully copied, on an unauthorized basis, the Work from a

source emanating from Nevada.
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The Infringement has depicted and depicts the original source publication as the

Las Vegas Review-Journal.
14.

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

Review-Journal.

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15.

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

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Nevada residents.

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

Nevada.

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The Infringement occurred and continues to occur in Nevada.

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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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19.

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.
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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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21.

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

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102(a)(1).

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22.

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

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23.

The Work was originally published on February 25, 2011.

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24.

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. 1-602631368, and attached hereto as Exhibit 3 is the official USCO application

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

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25.

On or about February 25, 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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27.

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

display, or otherwise exploit the Work.
28.

Mr. Brommell knew, or reasonably should have known, that websites, such as the

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Website, are and were the habitual subject of contributions by others of copyright-infringing

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content to the Website.

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29.

Mr. Brommell did not institute any proactive policy of precluding or attempting to

preclude the contributions by others of copyright-infringing content to the Website.
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Mr. Brommell did not institute any proactive policy of monitoring or attempting

to monitor the contributions by others of copyright-infringing content to the Website.
31.

Mr. Brommell did not institute any proactive policy of deleting or attempting to

delete the contributions by others of copyright-infringing content to the Website.
32.

Mr. Brommell’s failure to institute any proactive policies intended to address the

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contributions by others of copyright-infringing content to the Website constituted and constitutes

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Mr. Brommell’s willful blindness to copyright infringements occurring on the Website.

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CLAIM FOR RELIEF: COPYRIGHT INFRINGEMENT

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

32 above.
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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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41.

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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42.

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

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43.

Ms. Brewer has willfully engaged in the copyright infringement of the Work.

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44.

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

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

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

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45.

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 6th day of May, 2011.

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SHAWN A. MANGANO, LTD.

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By: /s/ Shawn A. Mangano
SHAWN A. MANGANO, ESQ.
Nevada Bar No. 6730
[e-mail]
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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