Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
2Activity
0 of .
Results for:
No results containing your search query
P. 1
Perfect 10 v. Giganews - Complaint

Perfect 10 v. Giganews - Complaint

Ratings: (0)|Views: 315 |Likes:
Published by Devlin Hartline

More info:

Published by: Devlin Hartline on May 02, 2011
Copyright:Public Domain

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

05/02/2011

pdf

text

original

 
 
COMPLAINT
12345678910111213141516171819202122232425262728
E 
Eric J. Benink, Esq., SBN 187434Krause Kalfayan Benink & Slavens, LLP625 Broadway, Suite 635San Diego, CA 92101(619) 232-0331 (ph)(619) 232-4019 (fax)eric@kkbs-law.comAttorneys for Plaintiff UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF CALIFORNIAPERFECT 10, INC., a Californiacorporation,Plaintiff,v.GIGANEWS, INC., a Texascorporation; LIVEWIRESERVICES, INC., a Nevadacorporation; and DOES 1 through100, inclusive,Defendants.CASE NO.
COMPLAINT FOR:(1) COPYRIGHT INFRINGEMENT;(2) TRADEMARKINFRINGEMENT; (3)TRADEMARK DILUTION (4)UNFAIR COMPETITION; AND(5) VIOLATION OF RIGHTS OFPUBLICITYDEMAND FOR JURY TRIAL
'11
CV0905
MDD
H
Case 3:11-cv-00905-H -MDD Document 1 Filed 04/28/11 Page 1 of 20
 
 1
COMPLAINT
12345678910111213141516171819202122232425262728Plaintiff Perfect 10, Inc. (“Perfect 10”) avers:
JURISDICTION AND VENUE
1. Jurisdiction. This action arises under the Copyright Act, 17 U.S.C.§ 101
et seq.
, and the Lanham Act, 15 U.S.C. § 1051
et seq.
This Court has jurisdiction over the subject matter of this action pursuant to 28 U.S.C. §§ 1331,1338(a) and (b) and principles of supplemental jurisdiction.2. Venue. Venue is proper in this judicial district pursuant to 28U.S.C. § 1391 (b)(2), (c), and § 1400(a).3. Personal Jurisdiction. Personal jurisdiction may be asserted over theDefendants because the wrongful activity at issue concerns Defendants’operation of commercial businesses through which Defendants knowinglytransact business and enter into contracts with individuals in California,including within the County of San Diego. Specifically, Defendants contractwith California customers to sell monthly memberships for their services, whichinclude the illegal reproduction, distribution, and display of copyrightedmaterials to California customers. Defendants also receive much of theirrevenue from Visa, Inc., a corporation headquartered in California. Each of theDefendants, therefore, has purposefully availed itself of the privilege of doingbusiness in California, and material elements of Defendants’ wrongdoingoccurred in this State.
THE PARTIES
 4. Plaintiff Perfect 10 is a California corporation. Plaintiff publishedthe popular magazine PERFECT 10 and owns and operates the internet websitelocated at
 perfect10.com
.5. Defendants Giganews, Inc., (“Giganews”) owns, operates, hosts,and/or controls the internet websites located at giganews.com andsupernews.com and has various advertising operations, data storage facilities,and other businesses. It copies, reproduces, stores, distributes, displays, and
Case 3:11-cv-00905-H -MDD Document 1 Filed 04/28/11 Page 2 of 20
 
 2
COMPLAINT
12345678910111213141516171819202122232425262728profits from unauthorized copyrighted materials, including large numbers of pirated movies, songs, images, computer programs, and induces and assistsothers to infringe copyrighted materials. Upon information and belief,Giganews sells the infringing content on its giganews.com servers to one ormore of Defendant Livewire Services’ websites who effectively acts as aGiganews reseller: rhinonewsgroups.com, powerusenet.com, infinityusenet.com,eurousenet.com, galacticgroups.com, cheapnewsgroups.com, fastusenet.com,usenetgiant.com, and usenet.net. Giganews also hosts one or more of thosewebsites.6. Defendant Livewire Services, Inc. (“Livewire”) owns, operates,and/or controls the Internet websites located at rhinonewsgroups.com,powerusenet.com, infinityusenet.com, eurousenet.com, galacticgroups.com,cheapnewsgroups.com, fastusenet.com, usenetgiant.com, and usenet.net, amongothers. Livewire copies, reproduces, stores, distributes, displays, and profitsfrom unauthorized copyrighted materials, including large numbers of piratedmovies, songs, images, computer programs, and induces and assists others toinfringe copyrighted materials.7. Ronald Yokubaitis (“Yokubaitis”) is the Digital MilleniumCopyright Act (“DMCA”) agent for giganews.com, nupernews.com, and all of the infringing Livewire websites identified above. Yokubaitis is the Chairmanof Giganews.8. The computer servers that store the infringing content and host allof the websites identified above are owned and/or controlled by Giganews andare located in Austin, TX at Data Foundry, Inc., which is controlled and/oroperated by Yokubaitis.9. Does 1 through 100, inclusive, which are businesses owned orcontrolled by Defendants either directly or indirectly, profit from and/or directlyor indirectly infringe or facilitate the infringement of Perfect 10 intellectual
Case 3:11-cv-00905-H -MDD Document 1 Filed 04/28/11 Page 3 of 20

Activity (2)

You've already reviewed this. Edit your review.
1 thousand reads
1 hundred reads

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->