Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
2Activity
0 of .
Results for:
No results containing your search query
P. 1
Kilimanjaro Corp v New Regency

Kilimanjaro Corp v New Regency

Ratings: (0)|Views: 567 |Likes:
Published by jlweinstein

More info:

Published by: jlweinstein on Sep 15, 2011
Copyright:Attribution Non-commercial

Availability:

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

09/17/2011

pdf

text

original

 
2
3
DRINKER
BIDDLE
&
REATl-I
LLP
Cl11;'istopher
F.
Wong
(SBN 142507)
chns.
worm@dbr.com
Adam
J.
Thurston (SBN
162636)adam. com
""
..,;
c,
r')--
r't
.
-1
.=.!::"
..
.
;
.
CZl
r-
:
F"l"J
.
"
,
"
.,',."
Ryan
R.
Salsig,1SBN
250830)4· ryan.salsig@dbr.com1800 Century
Park
Eas
t, Suite 1400
Los
Angeles, California 90067-1517Telephone: (310) 203-4000Facslmile: (310) 229-1285
:.
-"
'
;
..
..
..
5
6
7
8
9
10
11
12
.:;
..
t
:'
Tl
'-
I
-,
-0
r
,..,.:..:
.
:s:
:::;
ry
., t'1
rt.;
N
W
Attorneys for
Plaintiff
The Kil1manjaro Corporation
-1
UNITED
STATES
DISTRICT
COURT
FOR THE
CENTRAL
DISTRICT
OF
CALIFORNIA
13
THE
KILIMANJAROCORPORA
110N.
a California
14
Corporation.
07
5
f;3C<)
C01v1PLAINT
FOR
COPYRIGHT
INFRINGEMENT AND
DECLARATORY
RELIEF
5
Plai ntiff,
16
17
18
19
20
21
22
23
24
25
26
2728
v.
NEW REGENCY PRODUCTIONS,
INC., a
California
corporationi
ANDREW NICCOL,
an
indiVIdual;and
DOES
1
through
10. inclusive,Defendants.
JURy
TRIAL
DEMANDPlaintiffThe
Kilimaltjaro Corporation
("TKC'
or
"Plaintiff')
hereby allegesthe following claims for
relief
against defend'ants
New
Regency Productions, Inc.("Regency"),
Andrew Niccol
and
Does
1
through \
0,
inclusive(collectively,
JURISDICTION
AND
VENUE
1.
This Court has
original subject
matter
jurisdiction over this Ilction and
the claims
asserted herein,
pursuant
to
28
U.S.C.
§
1331
("federal question
DRINK6R
&:
l.AOIII04:i'905.1
LLl'
A.TTIJKI'IIII'I'P.
",T
tAW
\'v:;
At'U::hll
COMPLAINT
FOR
COPYRIGHT
lNFRINOEMENT
AND.TURV
TRIAL
DEMAND
 
jurisdiction") and
§
1338(a) (actions arising under any
Act
of
Congress relating to
2
copyright), in that this action arises under the laws
of
the United States and, more
3
specifically, Acts
of
Congress relating to copyrights.
4
2.Defendants are subject to personal jurisdiction
of
the Court because
5
they reside, have agents, do or transact business, or are othelwise found, and have
6
purposefully availed themselves
of
the privilege
of
doing business, in California
7
and this District.
8
3. Venue is proper in this District pursuant to 28 U.S.C.
§
1400(a)
9
because Defendants have a regular and established place
of
business in this District
10
and may be found in this District. Venue is also proper in this District pursuant to
11
28 U.S.C. § 1391(b)(2) because a substantial part
of
the events or omissions giving
12
rise to the claims occurred in this District and a substantial part
of
the property that
13
14
15
16
17
18
19
20
21
22
23
24252627
28
is the subject
of
this action is situated in this District. Alternatively, venue is alsoproper in this District pursuant to 28 U.S.C.
§
1391(b)(3) because Defendants havea regular and established place
of
business in this District and may be found in thisDistrict.
THE
PARTIES
4.
At all times material hereto, Plaintiff TKC was a Californiacorporation with its principal place
of
business in Sherman Oaks, California, dulyauthorized to do and doing business in this District.
At
all times material hereto,TKC has been engaged in the business of, among other things, holding, distributing,copying, licensing and otherwise exploiting the copyrighted works
of
HarlanEllison, including without limitation, for adaptation into television programs,feature films and other formats. Harlan Ellison is the President
of
TKC.
5.
TKC is informed and believes and thereon alleges that defendantNiccol is
an
individual residing and doing business in this District. TKC
is
informed and believes and thereon alleges that defendant Niccol wrote thescreenplay for a feature length motion picture entitled
I'm
.Mortal,
and sold,
DRINKER
BIDDLE
&
LAOII 1045905.1 -
2 -
REATH
LLP
ATTORNEYS
AT
LAW
Los
ANGELES
COMPLAINT
FOR
COPYRIGHT INFRINGEMENT AND JURY TRIAL DEMAND
 
1
licensed,
or
otherwise authorized defendant
Regency
to
use
it to make the motion
2
picture entitled
In Time,
as more fully
alleged
below.
3
6.
TKC
is informed
and
believes
and
thereon alleges that defendant
4
Regency
is a California corporation
with
its principal
place
of
business in Los
5
Angeles, California, doing business in this District.
At
all times material hereto,
6
Regency
hasbeenengaged
in the business of,
among
other things, developing,
7
producing
and
distributing feature films.
8
7.
The
true
names
and
capacities, whether individual, corporate, partner,
9
associate, agent, employee,
or
otherwise,
of
the
defendants
named
in this complaint
10
as
Does
1
through
10, inclusive, are
unknown
to TKC,
which
therefore sues such
11
defendants by
such
fictitious names.
TKC
will
amend
this complaint to show the
12
true
names
and
capacities
of
the Doe
defendants
when
it has ascertained the same.
13
TKC
is
informedand
believes
andon that
basis alleges that, at all relevant times,
14
Does
1
through
10, inclusive, are responsible in some
manner
for the conduct
15
herein alleged
and
proximately caused
TKC's
damages.
TKC
is informed
and
16
believes
and
on
that
basis alleges that,
at
all relevant times,
Does
1 through 10,
17
inclusive,
and each
of
them,
were
the agents of, and/or
were
acting in concert with,
18
each
of
the
remaining
defendants and,
in
doing the things alleged, were acting
19
within
the scope
of
such
agency.
Any
reference to
any
of
the
named
defendants
20
herein shall also constitute a reference
to
the
Doe
defendants.
21
FACTUAL BACKGROUND
22
8.
Harlan
Ellison is
one
of
the
most
celebrated science fiction writers
of
23
our
time,
and has
won
more
awards for his science fiction writing
than
any other
24
living author,
including
theHugo
award
(eight and a
halftimes),
Nebula
(four
25
times),
Bram
Stoker
(six times),
Edgar
(two times),
the
Writers Guild
of
America
26
A
ward (four
times),
and many
others.
27
9.
Harlan
Ellison
is the author
of
"Repent, Harlequin!" Said the
28
Ticktockman
(hereafter,
"Repent, Harlequin!"),
one
of
the most
famous and widely
DRINKER BIDDLE
&
REATH
LLP
LA01/10459
05.l
-
3 -
ATTORNEY
S
AT
LAW
COMPLAINT
FOR
COPYRIGHT INFRINGEMENT AND JURY TRIAL DEMAND
Los
ANGEl
.E5

Activity (2)

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

You're Reading a Free Preview

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