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STEVEN A. GIBSON, ESQ.Nevada Bar No. 6656sgibson@righthaven.com J. CHARLES COONS, ESQ.Nevada Bar No. 10553ccoons@righthaven.com JOSEPH C. CHU, ESQ.Nevada Bar No. 11082 jchu@righthaven.com Righthaven LLC9960 West Cheyenne Avenue, Suite 210Las Vegas, Nevada 89129-7701(702) 527-5900Attorneys for Plaintiff
UNITED STATES DISTRICT COURTDISTRICT OF NEVADA
RIGHTHAVEN LLC, a Nevada limited-liability company,Plaintiff,v.REALTY ONE GROUP, INC., a Nevadacorporation; DAVID TINA, an individual;and MICHAEL J. NELSON, an individual,Defendants.Case No.: 2:10-cv-1036
COMPLAINT AND DEMANDFOR JURY TRIAL
Righthaven LLC (“Righthaven”) complains as follows against
Realty One Group, Inc.
(“Realty One”), David Tina (“Mr. Tina”)
, and
Michael J. Nelson (“Mr.
Nelson”
; collectively
with Realty One and Mr. Tina known herein as the “Defendants”
) on information and belief:
NATURE OF ACTION
1.
This is an action for copyright infringement pursuant to 17 U.S.C. § 501.
Case 2:10-cv-01036 Document 1 Filed 06/25/10 Page 1 of 8
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PARTIES
2.
Righthaven is, and has been at all times relevant to this lawsuit, a Nevada limited-liability company with its principal place of business in Nevada.3.
Righthaven is, and has been at all times relevant to this lawsuit, in good standingwith the Nevada Secretary of State.4.
Realty One is, and has been at all times relevant to this lawsuit, a Nevadacorporation.5.
Mr. Tina is, and has been at all times relevant to this lawsuit, a resident of Nevada.6.
Mr. Nelson is, and has been at all times relevant to this lawsuit, a resident of Nevada.7.
Mr. Tina is, and has been at all times relevant to this lawsuit, a licensed real estatebroker in Nevada.8.
Mr. Tina is, and has been at all times relevant to this lawsuit, identified as the
“Corporate Broker at Realty One Group,” as evidenced by Mr. Tina’s
LinkedIn webpage,attached hereto as Exhibit 1.9.
Mr. Nelson is, and has been at all times relevant to this lawsuit, a licensed realestate agent in Nevada.10.
Mr. Nelson is, and has been at all times relevant to this lawsuit, a real estate agentengaged by Realty One.11.
Mr. Nelson is, and has been at all times relevant to this lawsuit, subject to thesupervision and control of Mr. Tina
, within the scope of Mr. Nelson’s duties as an agent of
Realty One.12.
Mr. Nelson, at all times relevant to this lawsuit, has operated and controlled, andcontinues to operate and control, a blog forum at the Internet domain <featuredblog.com> (the
“Domain”)
, for the benefit of Realty One and under the supervision of Mr. Tina.13.
Mr. Nelson is, and has been at all times relevant to this lawsuit, identified as theauthor of the blog forum found at www.michaeljnelson.featuredblog.com (the content accessible
Case 2:10-cv-01036 Document 1 Filed 06/25/10 Page 2 of 8
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through the Domain and the Domain itself, collectively
known herein as the “Website”),
by theWebsite.14.
Mr. Nelson, at all times relevant to this lawsuit, has maintained and continues to
maintain the Website, pursuant to, and in furtherance of Mr. Nelson’s engagement as a real estate
agent of Realty One.
JURISDICTION
15.
This Court has original subject matter jurisdiction over this copyrightinfringement action pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1338(a).16.
Righthaven is the owner of the copyright in the literary work entitled:
“Programmay level housing sale odds” (the “Work”), attached hereto as Exhibit
2.17.
The Defendants willfully copied, on an unauthorized basis, a significant andsubstantial portion of the Work from a source emanating from Nevada.18.
At all times relevant to this lawsuit, the Work depicted and depicts the originalsource publication as the Las Vegas
Review-Journal
.19.
On or about May 10, 2010, the Defendants displayed, and continue to display, an
unauthorized reproduction of the Work (the “Infringement”
), attached hereto as Exhibit 3, on thewebsite.20.
At all times relevant to this lawsuit, the Defendants knew that the Work wasoriginally published in the Las Vegas
Review-Journal
.21.
The subject matter, at least in part, of both the Work and the Infringement, is aFannie Mae program named
“First Start,”
scheduled to be initiated in Nevada.22.
At all times relevant to this lawsuit, the Defendants knew that the Infringementwas and is of specific interest to Las Vegas, Nevada residents.23.
The Defendants’
display of the Infringement was and is purposefully directed atNevada residents.
Case 2:10-cv-01036 Document 1 Filed 06/25/10 Page 3 of 8
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Def MOTION to Dismiss - Copyright infringement suit involving Las Vegas Review Journal
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