Righthaven's Copyright Infringement Lawsuit Against RX Advertising and Rick Allec for Stevo Design, Inc.

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SHAWN A. MANGANO, ESQ.Nevada Bar No. 6730shawn@manganolaw.com SHAWN A. MANGANO, LTD.9960 West Cheyenne Avenue, Suite 170Las Vegas, Nevada 89129-7701Tel: (702) 304-0432Fax: (702) 922-3851

Attorney for Plaintiff Righthaven LLC

UNITED STATES DISTRICT COURTDISTRICT OF NEVADA

RIGHTHAVEN LLC, a Nevada limited-liability company,Plaintiff,v.RICK ALLEC, an individual; and RXADVERTISING, INC. LLC, a limited-liability company of unknown origin,Defendants.Case No.: 2:11-cv-00532

COMPLAINT AND DEMAND FORJURY TRIAL

Righthaven LLC (“Righthaven”) complains as follows against Rick Allec (“Mr. Allec”),and RX Advertising, Inc. LLC (“RX”; collectively with Mr. Allec known herein as the“Defendants”), on information and belief, and at all times relevant lawsuit, unless otherwisespecifically indicated herein to the contrary:

NATURE OF ACTION

1.

This is an action for copyright infringement, and vicarious copyrightinfringement, pursuant to 17 U.S.C. §501 (“Complaint”).

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PARTIES

2.

Righthaven is a Nevada limited-liability company with its principal place of business in Nevada.3.

Righthaven is in good standing with the Nevada Secretary of State.4.

Mr. Allec is a resident of Nevada.5.

Mr. Allec is identified by the current registrar, Safenames LTD (“Safenames”), asthe registrant of the Internet domain found at <therxforum.com> (the “Domain”).6.

Mr. Allec is in control of the content accessible through the Domain (said contentaccessible through the Domain and the Domain itself collectively known herein as the“Website”).

7.

Mr. Allec is the owner of the Domain, as evidenced by information found at theInternet domain <website.informer.com>, attached hereto as Exhibit 1.

8.

RX is a limited-liability company of unknown origin.9.

Attempts to find evidence of the formal organizational status in the respectiveSecretary of State offices of California, Delaware, Illinois, Nevada, New York, Tennessee andTexas demonstrate that, at least with respect to these states, RX is not a formally organizedbusiness entity.10.

RX is in control of the content accessible through the Website.

11.

RX is the self-proclaimed owner of the copyright(s) in the literary works postedon the Website as evidenced by a copyright notice displayed on the Website: “(c) 2007 RXAdvertising, Inc. LLC, All Rights Reserved” (the “Copyright Notice”).12.

As of the date of the filing of this Complaint, RX continues to claim ownership of the copyright(s) in the literary works posted on the Website, inclusive of the Infringing Works,as evidenced by the Copyright Notice.

JURISDICTION

13.

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).

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14.

Mr. Allec is a resident of Nevada with a current address of 2856 Barrow DownsStreet, Las Vegas, Nevada 89135.15.

Mr. Allec purposefully conducts activities in the State of Nevada, which haveresulted in the copyright infringement alleged herein.16.

RX purposefully conducts activities in the State of Nevada, which have resultedin the copyright infringement alleged herein.17.

RX purposefully utilizes a Nevada resident as the registrant of the Domain.

VENUE

18.

The United States District Court for the District of Nevada is an appropriatevenue, pursuant to 28 U.S.C. §1391(b)(3), because Mr. Allec may be found in Nevada.19.

The United States District Court for the District of Nevada is an appropriatevenue, pursuant to 28 U.S.C. §1391(b)(2), because a substantial part of the events or omissionsgiving rise to the claim occurred in Nevada.

20.

The United States District Court for the District of Nevada is an appropriatevenue, pursuant to 28 U.S.C. § 1400 (a), because the Defendants are subject to personaljurisdiction in Nevada.

FACTS

21.

Righthaven is the owner of the copyright in the literary work entitled, “Rockets11-10-10” (the “Rockets Work”), attached hereto as Exhibit 2.22.

The Rockets Work was originally published on November 10, 2010.23.

On or about November 10, 2010, the Defendants displayed, and continue todisplay, an unauthorized reproduction of the Rockets Work (the “Rockets Infringement”),attached hereto as Exhibit 3, on the Website.24.

On February 7, 2011, the United States Copyright Office (the “USCO”) receivedRighthaven’s official submittal for the registration of the Rockets Work, including theapplication, the deposit copy, and the registration fee (the “Complete Application”), Service

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