ee ee John C. Torjesen, SBN 141664 JouN C. TORIESEN & ASSOCIATES, PC 612 N. Sepulveda Blva., 2" Floor CONFORMED COPY Los Se les, California’ 90049 ‘OF ORIGINAL FILED (B10) 440-0005 Los Angeles Superior Court Antony Si ‘SBN 89375 AUS 26 2010 STUART LAW FigM 801 South Grand Avenue, 11"* Floor Los Angeles, Califomia 90017 (213) 612-0008 Attorneys for Plaintiffs DAVID A. COHEN, a minor, by and through ROBIN S. COHEN as Guardian ad Lilem: SHELBY A. ORLAND, a minor, MARCIA GLAND a Guan wa on | for all others similarly situated, IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES — CENTRAL DISTRICT DAVID A, COHEN, minor, by and caseNo. BG444492 through ROBIN S. COHEN as Guardian ad bitem: Rear A. ORLAND, a minor, | CLASS ACTION COMPLAINT for MARCIA, ORLAND as_ | Violation of: Bidida ad Eon for all lke tally situated, (1) Civil Code see. 3344; (2) Cal. Constitution ‘Art. H, see. 1 Plaintiffs, & ‘Unfair Competition Law: & Prof. Code sec. 17200} v. ere INC,, a Delaware DEMAND. TRIAL BY JURY ration, and DOES f through 100, Inclusive, Defendants. Pose (CLASS ACTION COMPLAINT FOR VIOLATION OF: CrviL Cope 3344; Cat. Const. ART I, §1; AND Unrain COMPETITION LAWoon oo eon 10 12 3 14 18 16 Ww 18 19 20 2 22 24 2 26 ar 28 Plaintiffs DAVID A. COHEN, a minor, by and through ROBIN S. COHEN as. Guardian ad Litem; SHELBY A. ORLAND, a minor, by and through MARCIA J, ORLAND as Guardian ad Litem; on behalf of all persons similarly situated, and demanding jury trial, complain of defendants FACEBOOK, INC. and DOES | ‘through 100, allege upon information and belief, as follows: JURISDICTION 1. This is an action for misappropriation of the names and likenesses of children, seeking compensatory damages and/or statutory penalties, i attomeys’ fecs due to violations by defendant Facebook, Inc. (hereinafter, “Facebook") and others of California Civil Code, section 3344, and the California Constitution, Article 1, section |. Plaintiffs’ claims also arise and are brought pursuant to Califoruia Business and Professions Code, sections 17203 and 17204 for full restitution and/or disgergement ofall sevenues, earnings, profits, compensation, and benefits obtained by defendant Facebook, Ine., and possibly others, as a result of unlawful, unfair or fraudulent business acts and practices prohibited by California Business and Professions Code section 17200, ‘et seq., commonly known as the Unfair Compatition Law (“UCL”). 2. Pursuant to California Code of Civil Procedure, section 382, plaintiffs, through their parents/Guardians ad Litem, bring this ease as a class action on betulf of a consumer class consisting of all minors in California whose names or likenesses were used by defendant Facebook, Inc., and Does 1 through 100, for commercial purposes without the consent of the parents or guardians of said minors. 3. Facebook encourages the participation of children on its social networking website, stressing the authenticity of the experience of conammuntcating with friends. It then markets the names and likenesses of those children for use by advertisers, ‘CLASS AGTION COMPLAINT FOR VIOLATION O1 CIVIL CobE 3344; CAL. CONST. ART I, §1; AND Unram ComPeniti0NLAWrepresenting to advertisers that the use of the name and/or likeness of the cbild as an endorsement of the advertiser’s product can increase marketing retums by 400% compared to advertising that does not include an endorsement from the name or likeness of'a child. The consent of the child for this commercial use of name and likeness is not obtained by Facebook, and under California law cannot be obtained without the consent of the parent or guardian. Facebook makes no effort to obtain parental consent. VENUE 4, Venue is proper in this county and judicial district, pursuant to Code of Civil Procedure, section 395.5. Defendant Facebook's headquarters and principal place ‘of business is in the City of Palo Alto, County of Santa Clara, State of California, The named plointifi& reside in the County of Los Angeles and the breach and harn done occurred in the County of Los Angeles. Liability arises in the County of Los Angeles, State of California. THE PARTIES BLAINTIFES 5. Plaintiff David A. Cohen is 2 minor residing in the County of Les Angeles, State of California, and is 2 member of the Facebook social networking site where his name and likeness has been appropriated by defendant Facebook for commercial advantage without the consent of his pareats. Robin $. Cohen is the parent and Guardian ad Litem of David A, Coben, and is a resident of the ‘County of Los Angeles, State of Californie. The amount in controversy as to plaintiff David A. Cohen individually does not exceed $75,000, however calculated. 6. Plaintiff Shelby A. Orland is a minor residing in the County of Los Angeles, State of California, and is a member of the Facebook social networking site where her Page3 ‘CLASS ACTION COMPLAINT FOR VIOLATION OF: CIVIL Cone 3344; CAL. CONST. ART 1, §1; AND UNFAIR COMPETITION LAWon oak on 1 12 13 14 15 16 7 18 19 20 21 23 24 25 27 28 name and likeness has been appropriated by defendant Facebook for commercial advantage without the consent of her patents, Marcia J. Orland is the parent and Guardian ad Litem of Shelby A. Orland, and is a resident of the County of Los Angeles. State of California. The amount in controversy as to plaintiff Shelby A. Orland individually does not exceed $75,000, however caloulated. DEEENDANTS. 7. Defendant Facebook, Inc. is a corporation organized and existing under the laws of the State of Delaware, and hes its headquarters and prineipal place of business in the State of Califomia, operating under and by authority of the laws of the Sate of California. CLASS ACTION ALLEGATIONS $, Plaintiffs bring this action on behalf of themsetves and all others similarly situated, as class action pursuant to section 382 of the California Code of Civil Procedure, The class and subclass which plaintifiS seck to represent is composed of and defined as follows: {All persons who, withia the lastthree years: (1) were under the age of 18 years: (2) were California residents; and (3) were members of the Facebook social nebworking site; and a subclass that includes all persons who additionally: (2) while under the age of 18 year, had eit names of likenesses used of @ landing page for Facebook or in an advertisement sold by Facebook, without the consent of their parent or guardian; 9, This action bas been brought and may properly be maintained asa class action pursuant to California Civil Code soction 382 because there is a well-defined community of interest in the litigation and the proposed class is easly ascertiuable. Page 4 ‘CLASS ACTION COMPLAINT FOR VIOLATION OF: Civin Cope 3344; CAL, Const. ART, §15 AND UNFAIR COMPETITION LAWOne ON = prepReeeRRNBR2eteaegaeatansra BNRBRBRBRVRBVSsRs BFS SSD OO (a) Numerosity: The Plainfiff Class is so numerous that the individual joinder of all members is impracticable under the circumstances of this case. ‘While the exact number of class members is unknown to plaintiffs at this time, based upon the amount of posting on the Facebook social networking site, plaintiffs are informed and pelieve that in excess of one million instances of commercial appropriation of the name and likeness of minors on the Facebook social networking site has been arranged by defendant Facebook, Inc. Given the size of the putative class, joinder of all members of the Plaintiff Class is not practicable. (b) Common Questions Predominate: Common questions of law and fact exist sto all members of the Plaintiff Class and predominate over any questions which affect only individual members of the clas. These common questions oF law and fact include, without imitation: (i) whether defendants violated Civil Code section 3344; (i) whether defendants violated the Unfair Competition Law; (ii) whether defendants violated the California Constitution; (iv) the amount of gross reveaue and profit obtained by defendants attributable to their violations of Civil Code section 3344; and (vi) the appropriate nature of elass-wide injunetive and equitable relic£ (©) Tapicelity: Plaintiffs’ claims are typical of claims of the members of the Plaintiff Class. Plaintiffs and all members ofthe Plaintiff Class sustained injuries and domages arising out of defendants’ common course of conduct in violation of aw asa complained of herein, The injuries and damages of each member of the Plsiiff Class sero caused direedy by defendants’ wrongful conduct in violation of law as alleged herein. (@ Adequacy: Plaintiffs will fairly and adequately protect the interests of the members of the Plaintiff Class. Plaintiffs are persons who are or were minors who reside Page § CLASS ACTION COMPLAINT FOR VIOLATION OF: Civil Cope 3344; CaL. CONST. ART 1, §1; AND UNFAIR COMPETITIONLAWoe owe oN = weweeeeprBeegaearania RBRBRRBBRBNBSSUS AR SS TS in California, and who joined the Pacebook social networking site in response (o the claims of defendant Froebook that they would have an authentic experience sharing personal information with their friends on the social networking site. Plaintifis are adequate representatives of the Plaintiff Class as they have no interest which are adverse to the interests of absent class members. Plaintisis have retained counsel who have substantial experience and success in the prosecution of complex cases involving privacy csues, modem technology issues, and financial gain from novel or unorthodox activities. (©) Superiority: A class action is superior to other available means for the fair and efficient adjudication of this controversy because the individual joinder of al members of the elass is impracticable. Class action treatment will permit a large number of similarly situated persons to prosecute their common claims in a single forum simultaneously, efficiently, and without the unnecessary duplication of effort and expense that numerous individual actions would engender. Furthermore, as the damages suffered by each individual member of the class may be relatively small, the expenses and burden of individual litigation would make it difficult or impossible for individual members of. the class tb redress the wrongs done to them, while an imperiaat public intorest will be served by addressing the mstter as a class action. ‘The enst to the court system of adjudication of such individualized litigation would be substantial. Individualized Titigation would also present the potential for inconsistent or contradictory judgments, 10. Plaintifis are unaware of any difficulties that are likely to be encountered in the managoment of this action that would preclude Its maintenance as a class action. FACEBOOK SOCIAL NETWORKING SITE Li, The Facebook social networking site was started in or about February, 2004 by Mark Zuckerberg, Eduardo Saverin, Dustin Moskovitz and Cris Hughes, who were students st Harvard University, based on a concept in place at Philips Exeter Academy Page 6, GLASS ACTION COMPLAINT FOR VIOLATION OF: ive Cope 3344; CAL, CONST. ART I, §15 AND UNFAIR COMPETITIONLAWwhich had long published a manual of students and faculty. The Facebook program has since become successful worldwide, with other persons or entities having investment of ownership interests therein. 12, The model of the Facebook social network was to create an apparently authentic experience for individuals to conneet and share with ftiends, new and ol, over the internet. 13. The internet home page for the Facebook social network is http://www facebook,conv. 14, There are currently believed to be more than 500 million nsembers on the Facebook social network who have been active on the network within the last thirty days. “The number of children inder the age of 18, residing in California, who are members of the Facebook social network is eumently unknown but hased on the demographics is belicved to be very large. Because Facebook is a privately held company, figures regarding the sourees ofits revenue are not publically available, but because Jouneer persons are generally seen to be carly adapters 10 new technologies for communication, the number of children under the age of 18 years who are active on. Facebook is believed. to be equ to or greater than their proportionate share of the population at lags 15, One of the primary reasons people use Faccbook is to share information swith others, Examples include uploading photographs or videos to share with others, sharing links to other web sites, creating an event or a group with aopesific| interest, sharing comments, ox sending messages. Page7, ‘CLASS ACTION COMPLAINT FOR VIOLATION OF: avis. Cope 3344; CAL. CONST. ARTI, §1; AND UNFAIR COMPETTTTONLAWRe Ps Soor.])esa 42 13 14 15 16 17 18 19 20 21 fae 23 24 25 26 ar 28 16, An important aspect of the success of the Facebook social network was to create the sonse of an “authentic experience” in sharing personal information with fiends. THE FACEBOOK SOCIAL NETWORKING SITE AS A REVENUE GENERATING SYSTEM 17, The Facebook social networking site is a system designed to generate & stream of income through the utilization of information captured from the social networking activities ofits members. This social networking activity gonerates detailed information about the interests and preferences of the members. This is extremely valuable information for marketing purposes. 18, Facebook has been able to sell advertising directed to very specifie markets that are indicated by the information diselosed in the social networking activites of Pacebook members, This is a marketing technique that is becoming more common on the internet due to the development of more sophisticated technologies. 19, Imaddition to the foregoing technique of marketing based om information generated through the social networking activities of fts members, Facebook also generates advertising revenue by utilizing the names and/or likenesses of Facebook membersin advertisements it sells to merchants of goods and services. The apparent endorsement of a good or service in an advertisement by one member who is recognizable to other persons will gonsrate higher “cliek-throughs” and greater revenues toa paying advertiser, and thereby to Facebook. 20, Facebook also creates special “landing” web pages designed tote a dcatnation for people conducting Google or othe internet search engine searches of names of persons who are Facebook members, 30 that the search result will ne lead to the Page & CLASS ACTION COMPLAINT FOR VIOLATION OF CrviL Cone 3344; CAL. Const. ART 1, §15 AND ONFATR COMPETITIONLAWev oo bw DN 4 12 13 14 15 18 47 18 19 20 at 23, 24 25 26 a 28 Facebook pages whiete the recognized data was located, but instead toa speci “anding page” created by Facebook. The purpose ofthe "landing page” is not to reveal the content of2 membet’s page, but solely to give the searcher the opportunity and incentive to becomea member ofthe Facebook social networking site. The landing page permits the searcher to do only one thing to become a member of Facebook — and, with such inembership, presumably continue the search Within the Facebook network, The landing page solitation to join the Facebook network is made more effective by ieluding the name and likeness of the person being sought inthe search, as well the names fd likenessesof many of that person’s friends. 21, Inthe course of using the names and likenesses of Facebook members in advertising and on special landing pages, Facebook regularly and frequently includes the names ant likenesses of minors without obtaining consent for that use. Children are a largo marketing audience, so that endorsements that include the names and likenesses of other chiliren ip advertisements and solicitations generate a great increase inthe revenue and profis to Facebook, This increased revenue and profit ogous in the case ofthe special Janding pages by increasing the size of the Facebook social network and in the case of the endorsement advertisements, by increasing the chance thatthe advertisement will achive its purpose, thereby ensbling Facebook to demand a higher price forthe advertisement. 22, The marketing and advertising made available to merchants on te Facebook social network site is enhanced by inclusion within the advertisements of the names and frequenty the likenesscs of Facebook members when their social interaction has indicated that they ike a particular web site, person, product or service, Facebook encourages its members communicate such ‘ikeo,” characterizing these indications of lias comothing that contributes tothe social nature of commaaication within the Facebook network, Facebook then uses this information for targeted marketing of eadersement ads CIVIL Cope 3344; CaL. Const, ART I, §1: AND UNFATR COMPETITIONLAWoor oar wo vs 10 "1 412 13 14 ns 16 7 18 19 20 a 22 23 25 a 28 to the effect that “[your friend] Dilly Smith likes this product.” In the forgoing exemple, Billy Smith is « Facebook member and a child whose name (and oftea likeness) is being used to endorse paid advertisements without legal consent. 23, The revenue for defendant Facebook associated with its social networking site has been reported to be close to or approximately $800 mitlion in the year 2009. Defendant Facebook, Inc. is not 2 publically held or traded company so its income figures are not generally availshle to the public. 24. Defendant Facebook, Inc., appears to be continually seskdng new ways t ‘use the names and likenesses: of its members, including children, for its own marketing purposes, Facebook is currently using the names and likenesses ofits members on advertising segments that request other members to supply Facebook with the e-mail lists of the menber, The aequisition ofthe e-mail list of a member, by an advertisement using the names and likenesses of ‘other members who have supplied their own e-muail lists, is. for the purpose of generating more members for Facebook, which increases hesi7e of its advertising market, and generates significantly more revenue for Facebook. This is a further commercial use of the names and often likenesses of ‘children without legal consent, 25. The business model of Facebook indicates that using the names and likenesses of its members, including children, for marketing and revenue generating purposes is inherent to its operating system, and will continue and likely incase in the future. a ve Page 10 GLASS ACTION COMPLAINI FOR VIOLATION OF: Civ, Cove 3344; CaL- CONST. ART, §1 AND UNFAIR COMPEEITIONLAWoe 1 on hk wD Rs noe wewvweeeeezeaeie RBRYRBRBRRESs is BF SESS FACEBOOK DOES NOT OBTAIN THE CONSENT OF ITS MEMBERS ‘TO USE THEIR NAMES AND/OR LIKENESSES FOR MARKETING PURPOSES. 26. ‘The current Statement of Righls and Responsibilities posted by Favebook on its social networking site includes the following section regarding advertising: 10, About Advertisements on Facebook «Our goal is fo deliver ads Uist aze not only valuable to advertisers, bit also ‘valuable to you. In order to do that, you agree to the following: i Fou can use your privacy settings to limit how your name anid profilepiotre may be associated with cor ‘or sponsored content served by us, You give us Permission to use your name and profile picture in connection with that content, subject to {he limits you place. 1S WRictlo not give your content or information to advertisers without your consent, ‘You understand that we may not always identify paid services and communications as such.” 27, The foregoing section 10 of the Statement of Rights and Responsibilities, once agreed to by a Facebook member, does not amount to “consent” by that member for the use ofthe name and likeness of the member for Facebook’s own commercial and marketing activities. 28. The foregoing section 10 of the Statement of Rights and Respons'biliies, once agreed to by a Facebook member, does not amount to consent by thal member for Facebook to sell to other merchants, persons or entities, the right 10 use the ware and likeness of the member for commercial and marketing purposes. fit a “it it Pao ‘GLASS ACTION COMPLAINT FOR VIOLATION OF: Cave Cone 3344; CAL. CONST. ART I, §15 AND UNEAIR COMPETITIONLAWAON Swoeorea 12 13, 14 18 16 7 18 419 20 2 23 24 25 26 27 FACEBOOK, INC. DOES NOT OBTAIN CONSENT TO USE THE NAMES AND LIKENESSES OF MINORS FOR COMMERCIAL AND MARKETING PURPOSES. 29, _ Facebook does not obtain consent to use the names and likenesses of minors for commeccial and marketing purposes. Atno time, does Facebook seek to or abtain the consent of any parent or guardian of the minor child to use or sell the mame and ikeness of the child for eommercial use by Facebook. FIRST CAUSE OF ACTION FOR VIOLATION OF CIVIL CODE §3344 Fora First Cause of Action against defendant Facebook, Inc. and Does | through 100, and each of them, for violation of Civil Code section 3344, plaintiffs allege as follows: 30. Plaintiffs hereby incorporate and reallege by reference the preceding paragraphs 1 through 29, inclusive, of this complaint as if each were here: separately set forth in full. 34, Throughout the last three years, previous thercto, and continuing to the present, defendants Paccbook and Does 1 through 100, and each of them, haveregulsty and repeatedly used the names and/or likenesses of plaintiffs and the members of the Plaintiff Class for the commercial purpose of marketing, advertising, selling, aud soliciting the purchase of goods and services. Pegs 12 CLASS ACTION COMPLAINT FOR VIOLATION OF: Civ CODE 3344; CAL. CONST. ABT 1, §1; AND UNFAIR COMPETITION Lawworoan kwon = PyBRPYNYNRNRBRESABEAeRAaRBS VPRBBPRBRRSSSR SAS BHA SD 32, Defendants Faccbock and Does | through 100, and each of them, cid not first obtain the consent of plaintiffs and members of the Plaintiff Class, or any ofthem, before using their names or likenesses for commercial and marketing purposes. 33. Defendants Facebook and Does 1 through 100, and each of them, did not first obtain the prior consent of the patents or egal guardians of the plaints and members of the Plaintisf Class, before using their names or likenesses for commercial and marketing purposes. 34, Plaintiffs have sustained and will continue to sustain economic damages for Joss of advertising revenue as a result of the unauthorized, commercial use of tele names and likenegses in an amount to be determined in accordance with proof at the time of trial. ue to sustain non-economic 35. Plaintiff's have sustained and will cou damages asa result of the unauthorized, commercial use of their names and likenesses “The amount of such damages will be stated according to proof at the time of trial 36, California Civil Code section 3344 provides statutory damages inthe sum 05750 person for the violation ofits provisions, or actual damages, wiichevets greater, and plaintiffs assert thei right to such damages legally caused by the defendants and each of them. 37. Plaintiffs have incurred attomeys fees and costs which are recoverable under Civil Code section 3344, in an amount 10 be determined according to proof atthe time of tial. we Page 13 CLASS ACTION COMPLAINT FOR VIOLATION OF: Cru. Cope 3344; Cat, ConsT. ART L, §15 AND UNFAIR COMPELITIONLAWon rk on a Seon SECOND CAUSE OF ACTION FOR VIOLATION OF CALIFORNIA CONSTITUTION, ARTICLE I, SECTION 1 Fora Second Cause of Action against defendants Facebook, Inc., and Does 1 through 100, and each of them, for violation of the California Constitution, Artsle 1 section |, plaintiffs allege as follows: 38, Plaintiffs here incorporate and reallege by reference the preceding paragraphs 1 through 37 of this complaint as if each were here separately set foth in fall. 39. The California Constitution, Article L, section 1, provides an actionable and inalienable right of privacy, as follows: ‘All people are by nature free and independent and have inalienable sights. Among these are enjoying and defending life and liberty, aequiring, possessing, and protecting property, and pursuing and obtaining safer, happiness, and privacy. 40. The inalienable right to privacy under the California Constitution includes the rightto be ttee from“. the improper use of information property obtained... [and] the use oft for another purpose or the disclosure of it to some third party.” White v. Davis, 13 Cal 34 757, 775 (1975). Te State Constitutional right of privacy “... is self exceuting and confers a judicial ight of action on all Califorvians.” Jd. Privaesis protected not merely against state action it may not be violated by anyone. Porn University of San Francisco, 64 Cal. App. 34 825, 829 (1976). ‘AL, The conduct of defendants Facebook aud Does 1 through 100 and each of them as hereinbefore alleged constitutes a violation of the right of privacy ofpleiatifts Page 14 CLASS ACTION COMPLAINT FOR VIOLATION OF: Cv. Cope 3344; CAL. CONST. ART 1, §15 Abb UNFAIR COMPETITIONLAWeae 7 ko and of the Plaintiff Class as guaranteed by the California Constitution, Article I, Section ny 42, Asadirect and legal result of the Constitutional violation herein alleged, plaintiffs and the Plaintiffs Class have sustained economic and non-economic damages in an amountto be detcrmined according to proof at trial. ‘THIRD CAUSE OF ACTION FOR VIOLATION OF ‘THE UNFAIR COMPETITION LAW For the Third Cause of Action against defendants Facebook, Ine. and Doss 1 through 100, and each of them, for violation of the Unisir Competition Law, plaintiffs allege as follows: 43, Plaintiffs bere incorporate and reallege by reference the preceding paragraphs 1 through 42 ofthis complaint as if each wero here seperately set forth in full. 44, Plaintiffs bring this Third Cause of Action under sections 17203 and 37204 of the California Business and Professions Code, to obtain restitution, disgergement and other remedies from defendants for acts and business practices carried out in violation of section 17200 of the California Business and Professions Code, commonly known as. the “Unfair Competition Law.” 45, ‘The conduct herein above alleged in this complaint, i, the enswuragernent of children to join the Facebook social networking site to engage in communication and exchanges with their friends as an authentic experionce, while defendant Facebook was and s using their names and likenesses for commercial and marketing purPoss without their parents’ consent, constituted and constitutes a. common, continuous, and continuing course of conduct of unfair competition by means of unlawful and/or fraudulent business Page 16. TASS ACTION COMPLAINT FOR VIOLATION OF: iva Cope 3344; CAL. Cower. ART 1, §1; AND) UNFAIR COMPETITIONLAWoak op ReMPNRNNNRSEeBeetagasitea BNSBRBRBNBsSsR sR Ss SB FS © oy acts or practices, within the meaning of California Business and Professions Code section 17200, ef sog., including and in no way limited to the following: (@) violations of the California Civil Code section 3344; (b) Violations of the California Constitution, Article I, section 1; (©) defendants’ acts and practices are unfair to consumers in the State of California within the meaning of California Business and Professions Code section 17200. 46. Plaintiffs and the Plaintiff Class are each cntitled to full restitution and/or disaorgement ofall revenues, carnings, profits, compensation, and benefits which may have been obtained by defendants as result of their unlawful business acs or practices 47. Theillegal conduct of defendants alleged herein is continuing, and there is no indication that defendants will cease such conduct in the future, PRAYER FOR RELIEF WHEREFORE, plaintifis, on behalf of themsclves and the members ofthe Plaintiff Class, pray for the Court to enter judgment as follows: (@) fora determination that this action may be maintained as a clas section; (b) for economie damages for defendants’ commercial misapproptaton of ‘names and likenesses without appropriate cousent; (©) forstatutory penstties under Civil Code section 3344; (@ _ fornon-economic damages for misappropriation of the name and likeness without consent; Pago 16. CLASS ACTION COMPLAINT FOR VIOLATION OF: CIVIL Cope 3344; CAL, CONST. ART 1, §15 AND UNFATR COMPETITIONLAWoorear on (©) forall profits and revenues received by defendants from the unauthorized commercial uso of the names and/or likenesses of plaintiffs and Plaintfis Clas in California; (® for the disgorgement of all profits and revenues reccived by defendaats froma the authorized use of the names and/or likenesses of plaintfts and the members of the Plaintiff Class in California; (@) for an injunction against the further commercial use by defendants ofthe ames and likenesses of children in California without the consent of the parents or guardians of each of such children; (i) for attomeys fees under Civil Code section 3344 and/or Code of Civil Procedure section 1021.5, and (@ for such other and further rellet that the Court may deem just and proper. DATED: August Lf 2010 JOHN C. TORJESEN & ASSOCIATES SruarT LAW FIRM Guardia ad Li item; for themselves and all others similarly situated. Page 17 ‘CLASS ACTION COMPLAINT FOR VIOLATION OF: Civ, Cove 33445 CaL- CONST. ARF 1, §1; AND UNFAIR COMPETITIONLAWear onrk on = weeerxrereXxredPeeseeatrarite BYRBPRBRNRSSsATsar sp ts DEMAND FOR JURY TRIAL Plaintiffs hereby demand a trial of this action by jury. Dated August A 2010 JoHN C. TORJBSEN & ASSOCIATES STUART LAW FIRM DL fohn C. Torjesen Antony Stuart ‘Atiomeys for for Plaintifis DAVID A. COHEN, a minor, by sd shroush ROBINS. COHE asi ad Litem; SHELBY ‘A. ORLAND, # minot, by and through MARCIA J. ORLAND as Gi ad Litem; for themsefvcs and all othess similarly situated. Page 18 ‘CLASS ACTION COMPLAINT FOR VIOLATION OF; Civ, CODE 3344; Cab. CONST. ART 1, §15 AND UNFAIR COMPETITIONLAW TOTAL P18 TOTAL P.18