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Michael Jackson Complaint (August 6, 2010)

Michael Jackson Complaint (August 6, 2010)

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Published by David Weiskopf

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Published by: David Weiskopf on Aug 13, 2010
Copyright:Attribution Non-commercial

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01/01/2013

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251LEE H. DURST, ESQ. SBN 69704
THE DURST FIRM
2220 Newport Center Drive, Ste 11285
Ne~ort Beach, California 92660
3
TELEPHONE: 949-400-5068
FAX:
714-242-2096
4Email:lee.durst@gmail.com
5
LARRY ROTHMAN& ASSOCIATES
LARRY ROTHMAN - SBN 72451
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City Plaza
1 City Boulevard West, Suite 850
7
Orange, California 92868
~14) 363 0220 Telephone
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714) 363 0229 Facsimile
mall:tocoUect@aol.com
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Attorney for Vintage Pop Media Group, LLC
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
(SANTA ANA DIVISION)
Vintage Pop' Media Group, LLC,
California limited liability company
Plaintiff
vs.
MICHAELJACKSONCASINO.COM,
GODADDY.COM and Does 1 throug
100 inclusive
Defendants.
SACVIO-01190 AG(M Gx)
Case No.:
COMPLAINT FOR:
1. COPYRIGHT
INFRINGEMENT
2. FALSE DESIGNATION
0
ORIGIN
/
FALS
IMPRESSIONS
0
ASSOCIATION
[15 U.S.C
&1125(a)1
3. VIOLATION OF 15 U.S.C.
&1125
(d
CYBERSQUATTING
DEMAND FOR JURY TRIAL
456789
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Plaintiff, Vintage Pop Media Group, LLC (hereinafter referred to as Vintage
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Pop Media and/or Plaintiff) alleges the following:
3
NATURE OF THE ACTION
Plaintiff is the owner of certain copyrights

memorabilia. Plaintiff is also in partnership with Katherine Jackso for the sales and distribution of a coffee table book, calendar and othe collectibles related to her late son, Michael Jackson. Plaintiff receive rights, title and interest to certain photos, their copyrights an memorabilia as the result of an authorized sale of the subject prope through a Bankruptcy Court sale of the property under §363(m) of th Bankruptcy Code. Additionally, Michael Jackson sued Vintage Pop Inc. -- a predecessor of Vintage Pop Media -- on March 22, 2004 a case number CV 04-1946 MRP (EX) in UNITED STATE DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA. Th U.S. DISTRICT COURT dismissed the Michael Jackson case wit prejudice on January 3, 2006 in favor of Vintage Pop, Inc. Lastly both Katherine and Joseph Jackson have executed releases an transfers of all of their prior rights, title and interest to thes copyrights, which are the subject of this suit to Vintage Pop Media.

Plaintiff is informed and believes and, based upon that informatio
and
belief,
alleges
that
MICHAELJACKSONCASINO.COM
and GODADDY.COM
ar

using photos and likenesses of Michael Jackson and, by doing so, ar misleading the public to believe that Michael Jackson has som interest in said "casino." Plaintiff is informed and believes and, base

1.
2.
COMPLAINT - Page 2
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upon that information and belief, alleges that this activity
0
Defendant MICAHELJACKSONCASINO.COM
is illegal.
3.
JURISDICTION AND VENUE

This action is brought and jurisdiction lies with this Court pursuant t 28 U.S.C. §§ 1331, 1338 and 1367 of title 17 United States Cod §1400. The claims for relief are for violation of Federal Trademar and Copyrights.

Vintage Pop Media Group, LLC is a California limited liabili

company with its principal offices in Los Angeles County. Defendants have violated the copyright laws by distributing photo and likenesses of Michael Jackson in Orange County, California; a well as numerous other areas within the United States.

THE PARTIES
4.
5.
6.
Plaintiff is a California limited liability company.
Defendant MICHAELJACKSONCASINO.COM
ISan internet sit
owned and operated by Corp. Hostarica, POBOX
025331, Miami
Florida 33102.
7.

As to Defendant GoDaddy.com, Inc., Plaintiff is informed an believes and, based upon that information and belief, alleges that thi business is incorporated and that it is the domain provider and host fo that

co-defendant's
illegal
website
MICHAELJACKSONCASINO.COM.
COMPLAINT - Page 3

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