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ROBERT H. ROTSTEIN (SBN 72452),
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WADE B. GENTZ (SBN 249793),wbg@msk.com
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EMILY F. EVITT
(SBN
261491),
esb@msk.com
MITCHELL SILBERBERG & KNUPP LLP
11377 West Olympic Boulevard
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Los Angeles California 90064-1683
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Telephone: 310) 312-2000
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Facsimile: ( 10) 312-3100
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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CENTRAL DISTRICT OF CALIFORNIA
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WARNER BROS. ENTERTAINMENT
INC., a Delaware corporation; DISNEY
CASE NO
I
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6
0
318
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ENTERPRISES, INC., a Delaware
COMPLAINT FOR C
OPYRIGHT
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corporation,
INFRINGEMENT (17
ET SEQ.)
U.S.C.
§§
101,
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Plaintiffs,
v.
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TRITON MEDIA, LLC, an Arizona
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limited liability company,
Defendant.
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Case 2:10-cv-06318-GW -JEM Document 1 Filed 08/24/10 Page 1 of 20 Page ID #:7
Plaintiffs Warner Bros. Entertainment Inc. and Disney Enterprises, Inc.(collectively, "Plaintiffs") for their Complaint against Defendant Triton Media,LLC allege as follows:
NATURE OF THE ACTION
1.
This is a civil action for damages and for injunctive and related relief
against Defendant for violations of the United States Copyright Act of 1976, 17
U.S.C. §§ 101,
et seq.
This action arises out of Defendant's infringement of
copyrights in numerous motion pictures and other audiovisual works to whichPlaintiffs own or control copyright and/or exclusive distribution rights ("Plaintiffs'
copyrighted works").
2.
Defendant has owned, operated, provided advertising consulting and
referrals for, and/or provided other material assistance to the websites www.free-tv-video-online.info, supernovatube.corn, donogo.com
, watch-movies.net, watch-movies-online.tv, watch-movies-links.net, thepiratecity.org, and havenvideo.com
(collectively the "Websites"), whose purpose is to promote, facilitate, and profit
from the infringement of Plaintiffs' copyrighted works. The Websites are for-
profit "one-stop-shops" for infringing copies of Plaintiffs' copyrighted works.Specifically, the Websites, have posted, organized, searched for, identified,collected and indexed links to infringing material that is available on third-partywebsites, otherwise provided access to infringing material, and/or hosted infringing
material. Plaintiffs are informed and believe, and based thereon allege, that
Defendant profits from its misconduct by way of the advertisements displayed on
the Websites or other websites accessed through the Websites. Defendant's
conduct constitutes copyright infringement.
3.
As alleged in detail below, by virtue of its conduct, Defendant violates
the Copyright Act of 1976, 17 U.S.C. §§ 101,
et seq.
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Case 2:10-cv-06318-GW -JEM Document 1 Filed 08/24/10 Page 2 of 20 Page ID #:8
THE PARTIES
4.
Plaintiff Warner Bros. Entertainment Inc. ("Warner Bros.") is acorporation duly incorporated under the laws of the State of Delaware with itsprincipal place of business located in Burbank, California.
5.
Plaintiff Disney Enterprises, Inc. ("Disney") is a corporation dulyincorporated under the laws of the State of Delaware with its principal place ofbusiness located in Burbank, California.
6.
Defendant Triton Media, LLC is a limited liability company with itsprincipal place of business located in Scottsdale, Arizona.
JURISDICTION AND VENUE7.
The Court has subject matter jurisdiction over this action under 28U.S.C. §§ 1331 (federal question) and 1338(a) (any act of Congress relating to
copyright) and under the Copyright Act, 17 U.S.C. §§ 101,
et seq.
8.
Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b)and (c) and 1400(a), and because Defendant, by its infringing activities,intentionally and knowingly caused the damages and other harmful effectscomplained of herein, which are suffered in the United States and in California,
where Plaintiffs have their principle places of business and which is the heart of
the television and motion picture industry.
9.
This Court has personal jurisdiction over Defendant becauseDefendant has purposefully directed its activities at the United States and at
California. Specifically, Plaintiffs allege that (a) Defendant or its agents are doing
or have been doing business continuously in the State of California and thisdistrict, (b) a substantial part of the wrongful acts committed by Defendant, haveoccurred in interstate commerce, in the State of California, and in the CentralDistrict of California, and (c) Defendant knows that the damages and other harmful
effects of Defendant's infringing activities occur in the United States and primarily
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Case 2:10-cv-06318-GW -JEM Document 1 Filed 08/24/10 Page 3 of 20 Page ID #:9
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