12345678910111213141516171819202122232425262728Plaintiff Perfect 10, Inc. (“Perfect 10”) avers:
JURISDICTION AND VENU
1. Jurisdiction. This action arises under the Copyright Act, 17 U.S.C.§ 101
This Court has jurisdiction over the subject matter of this actionpursuant to 28 U.S.C. §§ 1331, 1338(a) and (b).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 is proper over theDefendant because the wrongful activity at issue concerns Defendant’s operationof commercial businesses through which Defendant knowingly transactsbusiness and enters into contracts with individuals in California, includingwithin the County of San Diego. Specifically, Defendant contracts withCalifornia customers to sell monthly memberships for their services, and receivemuch of their revenue directly from Paypal, a corporation with headquarters inSan Jose, California. Defendant, therefore, has purposefully availed itself of theprivilege of doing business in California and in the United States, and materialelements of Defendant’s wrongdoing occurred in this State.
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. Defendant Kalmet Investments Limited d/b/a depositfiles.com(hereafter “Kalmet” or “Depositfiles”) is a Seyshelles entity. It owns, operates,and/or controls the internet website located at depositfiles.com, among others,and has various advertising operations, data storage facilities, and otherbusinesses, which among other things, copy, store, distribute, display, and profitfrom unauthorized copyrighted materials, and induces and assists others toinfringe copyrighted materials. The website depositfiles.com began operations
Case 3:11-cv-01416-MMA -MDD Document 1 Filed 06/28/11 Page 2 of 14