You are on page 1of 7

Case 3:13-cv-01844-BR

Document 1

Filed 10/16/13

Page 1 of 7

Page ID#: 1

Michael M. Ratoza, OSB #763010 E-Mail: michael.ratoza@bullivant.com Bullivant Houser Bailey PC 300 Pioneer Tower 888 SW Fifth Avenue Portland, Oregon 97204-2089 Telephone: 503.228.6351 Facsimile: 503.295.0915 Bridget B. Hirsch, CSB #257015 (pro hac vice to be applied for) E-Mail: bridget@bbhirsch.com 7435 N. Figueroa St., No. 412422 Los Angeles, CA 90041 Telephone: (323) 387-3413 Evan S. Cohen, CSB #119601 (pro hac vice to be applied for) E-Mail: esc@manifesto.com 1180 South Beverly Drive. Suite 510 Los Angeles, CA 90035-1157 Telephone: (310) 556-9800 Attorneys for Plaintiff MURAKAMI-WOLF-SWENSON, INC. UNITED STATES DISTRICT COURT DISTRICT OF OREGON PORTLAND DIVISION MURAKAMI-WOLF-SWENSON, INC., a California corporation, Plaintiff, v. LAWRENCE A. COLE, individually and doing business as ACME-TV; MAGNUM PRODUCTIONS LLC, an Oregon Domestic Limited Liability Company; and DOE 1 through DOE 100, inclusive, Defendants.
Bullivant|Houser|Bailey PC
300 Pioneer Tower 888 SW Fifth Avenue Portland, Oregon 97204-2089 Telephone: 503.228.6351

Civil No.: 3:13-cv-01844

COMPLAINT FOR COPYRIGHT INFRINGEMENT (17 U.S.C. 101, ET SEQ.) JURY TRIAL REQUESTED

COMPLAINT Page 1

Case 3:13-cv-01844-BR

Document 1

Filed 10/16/13

Page 2 of 7

Page ID#: 2

Plaintiff, by its attorneys, for its Complaint against defendants, alleges as follows:

I. JURISDICTION AND VENUE


1. This is a suit for copyright infringement under the United States Copyright Act of

1976, as amended, 17 U.S.C. Sections 101 et seq. (the "Copyright Act"). This Court has subject matter jurisdiction over this action on the basis of federal question jurisdiction, pursuant to 28 U.S.C. Sections 1331 and 1338(a). 2. Venue is proper in this judicial district pursuant to 28 U.S.C. Section 1400(a), in

that some defendants or their agents reside or may be found in this district. 3. Venue is also proper in this district pursuant to 28 U.S.C. Section 1391(b), in that

a substantial part of the events or omissions giving rise to the claim occurred here.

II. THE PARTIES


4. Plaintiff MURAKAMI-WOLF-SWENSON, INC. (MWS) is a corporation

organized and existing under the laws of the State of California. MWSs principal place of business is in the County of Los Angeles, State of California. MWS is the successor in interest to Murakami Wolf Productions, Inc. (MWP). MWP is the author of an audiovisual animated work entitled The Point. On January 7, 1980, MWP merged into Murakami-Wolf-Swenson Films, Inc., and underwent a name change to Murakami-Wolf-Swenson, Inc. (i.e., plaintiff MWS). 5. The Point contains material that is wholly original to MWS and is copyrightable

subject matter under the Constitution and laws of the United States. 6. On January 22, 1987, The Point was registered in the United States Copyright

Office, and was issued Certificate of Registration No. PA 377 022. A copy of that Certificate of Registration is attached as Exhibit A and is incorporated by reference. MWS succeeded to
Bullivant|Houser|Bailey PC
300 Pioneer Tower 888 SW Fifth Avenue Portland, Oregon 97204-2089 Telephone: 503.228.6351

COMPLAINT Page 2

Case 3:13-cv-01844-BR

Document 1

Filed 10/16/13

Page 3 of 7

Page ID#: 3

MWPs status as copyright claimant. 7. Plaintiff and its predecessors have placed the statutory copyright notice on all

authorized copies of The Point distributed and sold to the public. 8. Defendant Lawrence A. Cole (COLE) is an individual residing in Portland,

Oregon. At all material times, Defendant COLE operates, maintains and controls a business known as ACME-TV, which manufactures and sells DVDs. ACME-TV sells DVDs at its store ACME-TV DVDs in Milwaukie, Oregon, through its website and through on-line retailers, such as Amazon.com and eBay. Defendant COLE has a direct financial interest in ACME-TV. 9. Defendant MAGNUM PRODUCTIONS LLC was a domestic limited liability

company organized under the laws of Oregon that administratively dissolved on or about March 22, 2013. Before dissolution, its principal place of business was in Portland, Oregon. 10. Plaintiff is informed and believes, and upon such information and belief alleges,

that ACME-TV was a division of Magnum Productions LLC. Defendant MAGNUM PRODUCTIONS LLC had a direct financial interest in ACME-TV. 11. Before its dissolution, Defendant COLE was the Manager of MAGNUM

PRODUCTIONS LLC, with responsibility for the operation and management of that corporation and ACME-TV. 12. In connection with the operation of the ACME-TV, defendants offered for sale

and, on information and belief, did sell unauthorized copies of The Point. 13. Plaintiff sues the defendants identified as DOE 1 through DOE 100, inclusive, on

the grounds that plaintiff is ignorant of the true names and capacities of those fictitiously named defendants. Plaintiff will seek leave to amend this complaint when the true names and capacities of those defendants are ascertained.

Bullivant|Houser|Bailey PC
300 Pioneer Tower 888 SW Fifth Avenue Portland, Oregon 97204-2089 Telephone: 503.228.6351

COMPLAINT Page 3

Case 3:13-cv-01844-BR

Document 1

Filed 10/16/13

Page 4 of 7

Page ID#: 4

14.

Each of the named defendants was the agent, employee, partner, joint venturer, or

co-conspirator of each of the other defendants, and was at all times acting within the purpose and scope of said agency, employment, partnership, joint venture, and conspiracy, and each defendant has ratified and approved the acts of the remaining defendants.

III. FIRST CAUSE OF ACTION FOR WILLFUL COPYRIGHT INFRINGEMENT (By Plaintiff MWS Against All Defendants)
15. through 14. 16. Plaintiff and its predecessor company have complied in all respects with the Plaintiffs repeat and reallege each of the allegations contained in paragraphs 1

requirements of the Copyright Act and have received a Certificate of Registration from the Register of Copyrights for The Point bearing number PA 377 022. 17. Within the past three years, defendants began to manufacture and distribute DVD

copies of The Point, without plaintiffs authorization, in its store, on its web site and through online retailers such as Amazon.com and eBay. 18. Defendants have maintained a web site at www.acme-tv.com, which sold, among

other things, pirated and unauthorized DVD copies of The Point. Attached and incorporated by reference as Exhibit B is a printout of the animated features listed for sale on defendants web site as of September 6, 2013, which includes a listing for The Point. As of the date of the filing of this Complaint, the web site no longer lists any DVDs for sale but, rather, re-directs consumers to defendants product on Amazon.com. 19. On or about November 1, 2012, counsel for plaintiff sent a letter to Amazon.com

advising the retailer that they were offering a pirated and unauthorized version of The Point for sale by ACME-TV and requesting that the product listing be deleted from all Amazon.com web
Bullivant|Houser|Bailey PC
300 Pioneer Tower 888 SW Fifth Avenue Portland, Oregon 97204-2089 Telephone: 503.228.6351

COMPLAINT Page 4

Case 3:13-cv-01844-BR

Document 1

Filed 10/16/13

Page 5 of 7

Page ID#: 5

sites. Attached and incorporated by reference as Exhibit C is a copy of the November 1, 2012, letter from Evan S. Cohen to Amazon.com Legal Department. Shortly thereafter, Amazon.com removed defendants pirated DVD, and, plaintiff believes, Amazon.com contacted defendants and informed them that the DVD had been deleted and/or removed from sale on the Amazon.com website. 20. Despite having notice of plaintiffs objections to the pirated DVD, and despite

having knowledge that plaintiffs work was the subject of a registered copyright, defendants willfully and deliberately continued to sell the pirated DVD, and, specifically, on eBay.com. On or about July 5, 2013, plaintiffs agent purchased a DVD copy of The Point from defendants through eBay. Attached and incorporated by reference as Exhibit D is a true and correct copy of the front and back of the packaging used on unauthorized DVD copies of The Point that have been manufactured by defendants and offered for sale by defendants. 21. The packaging attached as Exhibit D demonstrates that defendants market

The Point as an ACME-TV Cartoon Classic and an ACME-TV DVD EXCLUSIVE! Defendants also attach a false copyright notice, namely, Artwork and other material copyright 2010 by Magnum Productions LLC. 22. Plaintiff is informed and believes, and upon such information and belief alleges,

that others, including some of the defendants identified as DOEs, are willfully offering unauthorized copies of The Point for sale to the public, and have actually sold unauthorized copies. 23. Based on the foregoing facts, the acts of defendants constitute willful copyright

infringement of The Point pursuant to 17 U.S.C. 501, in that defendants have infringed upon MWSs exclusive right to manufacture copies of The Point and distribute copies publicly. Such

Bullivant|Houser|Bailey PC
300 Pioneer Tower 888 SW Fifth Avenue Portland, Oregon 97204-2089 Telephone: 503.228.6351

COMPLAINT Page 5

Case 3:13-cv-01844-BR

Document 1

Filed 10/16/13

Page 6 of 7

Page ID#: 6

activities of the defendants have been of a willful or wanton nature, are in bad faith, and/or have been committed with a reckless disregard of plaintiffs rights. 24. Furthermore, plaintiff has issued a license for the manufacture and public

distribution of The Point, and defendants continuing wrongful conduct manufacturing and selling pirated copies will impede the legitimate manufacture and public distribution of The Point by plaintiffs licensee and those acting in concert with it. 25. The specific acts of copyright infringement alleged in the Complaint, as well as

defendants entire course of conduct, have caused and are causing plaintiff great and incalculable damage. By continuing to manufacture and sell unauthorized DVD copies of The Point, defendants threaten to continue committing copyright infringement. Unless this Court restrains defendants from committing further acts of copyright infringement, plaintiff will suffer irreparable injury for which it has no adequate remedy at law. WHEREFORE, plaintiff prays: For an award of damages (including damages for willful copyright infringement), the amount of which to be proven at trial, according to 17 U.S.C. 504; that is, before final judgment, plaintiff will make an election of remedies pursuant to 504(b), or 504(c); 1. For a preliminary and permanent injunction prohibiting defendants, and their agents, employees, servants, and anyone else acting in concert with them, from manufacturing and selling copies of The Point or distributing copies publicly; 2. That defendants be ordered to pay costs, including a reasonable attorney's fee, pursuant to 17 U.S.C. Section 505; and 3. For such other and further relief as is just and equitable.

Bullivant|Houser|Bailey PC
300 Pioneer Tower 888 SW Fifth Avenue Portland, Oregon 97204-2089 Telephone: 503.228.6351

COMPLAINT Page 6

Case 3:13-cv-01844-BR

Document 1

Filed 10/16/13

Page 7 of 7

Page ID#: 7

Plaintiffs request trial by jury of all issues so triable. DATED: October 16, 2013. BULLIVANT HOUSER BAILEY PC

By s/ Michael M. Ratoza Michael M. Ratoza, OSB No. 763010 Telephone: 503.228.6351 Attorneys for Plaintiffs
14298445.1

Bullivant|Houser|Bailey PC
300 Pioneer Tower 888 SW Fifth Avenue Portland, Oregon 97204-2089 Telephone: 503.228.6351

COMPLAINT Page 7

You might also like