Toups v. Google Inc et al

Filing 1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-4553050.), filed by Hollie Toups. (Attachments: # 1 Civil Cover Sheet)(Morgan, John)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
BEAUMONT DIVISION
HOLLIE TOUPS
VS.
GOOGLE, INC., YAHOO!, INC. AND
WWW.MYEX.COM

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CASE NO. ______________

PLAINTIFF’S ORIGINAL COMPLAINT
TO THE HONORABLE JUDGE OF SAID COURT:
Plaintiff, HOLLIE TOUPS, files Plaintiff’s Original Complaint,
complaining of Google, Inc., Yahoo!, Inc. AND WWW.MYEX.COM, Defendants,
and for a cause of action would show the following.
PARTIES
1.

Plaintiff HOLLIE TOUPS, is an individual residing in Jefferson

County, Texas and is appearing in court through her attorney of record.
2.

Defendant GOOGLE, INC., can be served with process through its

registered agent Corporation Service Company d/b/a CSC - Lawyers
Incorporating Service Company, 211 E. 7th Street, Suite 620, Austin,
Texas 78701-3218.
3.

Defendant Yahoo!, Inc., can be served with process through its
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registered agent C T Corporation System, 1999 Bryan Street, Suite 900,
Dallas, Texas 75201-3136.
4.

Defendant

WWW.MYEX.COM ,

can be served with process through

Websolutions Netherlands BV, Attn: Legal Department, Singel 850, 1017
AZ Amsterdam, The Netherlands.
JURISDICTION AND VENUE
5.

This Court has jurisdiction over this matter pursuant to federal

question jurisdiction, 28 U.S.C. §§ 1331. Venue is proper in this district
and division of federal court.
FACTS AND CAUSES OF ACTION
6.

This is a lawsuit brought pursuant to the United States copyright

act of 1976, 17 U.S.C. §§ 101-810, as amended. The Plaintiff Hollie Toups
(“Toups”) is the victim of what is called “revenge porn” websites,
www.texxxan.com and www.texxxans.com. Ms. Toups and other plaintiffs
filed suit in Orange County, state court against these websites in Cause
No. D-130,018-C.

Toups was successful in obtaining a temporary

injunction shutting down these websites up until the time of trial. Toups
is seeking a permanent injunction to seek the permanent shutdown of
these websites.
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7.

Although Toups has pursued state court remedies against these two

(2) websites, the Defendants in this matter continue to host and/or provide
links to photographs of Toups that she has copyrighted pursuant to the
Copyright Act.

Toups has provided proper notice to each of these

Defendants, requesting that they take down all links that would show
these copyrighted photos, and all images showing these copyrighted
images. All of the Defendants refuse to do so, despite receiving proper
notice and a demand to do so. Accordingly, Toups is bringing this lawsuit
in order to seek damages for each of the Defendants’ breach of her
copyrighted images, as well as a permanent injunction requiring these
Defendants to no longer breach her copyright by hosting these images and
providing links that would show these images.
8.

Toups brings this lawsuit under Section 102 of the Copyright Act,

and would show the Court that copyright protection extends to Toups’
images and/or the images on the links that are being hosted by these
Defendants and this website at issue. Section 102 of the Act defines work
or authorship to include pictorial, graphic or other works, that include the
images at issue. Under Section 106 of the Copyright Act, Toups has
exclusive rights and exclusive use of these images as the copyright holder,
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which includes the right to copy, distribute or display any and all of these
works. Further, the Defendants cannon avail themselves of a “fair use”
defense under Section 107 of the Copyright Act. This defense is not
applicable, because under the Fair Use Doctrine a copyrighted work is not
subject to a copyright infringement lawsuit only if its use is for such
things as teaching, scholarship, research or news reporting. The hosting
of Toups’ copyrighted images do not fall within the purview of this
affirmative defense.
9.

Accordingly, Toups requests that this Court enforce her copyrights.

Toups is suing each of these Defendants for breach of copyright, and seeks
to recover all of her actual or compensatory damages, a permanent
injunction prohibiting each and all of these Defendants from displaying
her copyrighted images at issue, or hosting a link that contains her
images at issue, and all other relief that Toups can obtain pursuant to the
Copyright Act.
10.

Pursuant to statute, 17 U.S.C. § 505, Toups also seeks to recover all

of her reasonable and necessary attorneys’ fees, costs and expenses
incurred in prosecuting this cause of action.

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WHEREFORE, PREMISES CONSIDERED, Plaintiff requests that
Defendants be cited to appear and answer herein. Plaintiff requests that
she obtain a Judgment against all Defendants, jointly and severally, for
all her compensatory damages. Plaintiff also requests that she recover
permanent injunctive relief against each Defendant in this case. Plaintiff
also requests that she recover all her reasonable and necessary attorneys’
fees, court costs and expenses. Finally, Plaintiff requests such other and
further relief, at law or in equity, to which she may show herself to be
justly entitled.
Respectfully submitted,

/s/ John S. Morgan
JOHN S. MORGAN
TBA#14447475
Morgan Law Firm
2175 North Street, Suite 101
Beaumont, Texas 77701
[phone]
[phone] facsimile
[e-mail]
Attorney for Plaintiff

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JURY DEMAND
Plaintiff herein hereby requests a trial by jury.

/s/ John S. Morgan
JOHN S. MORGAN

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