Depositfiles Complaint
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COMPLAINT
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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.KALMET INVESTMENTSLIMITED, a Seyshelles entity d/b/adepositfiles.com; and DOES 1through 100, inclusive,Defendants.CASE NO.
COMPLAINT FORCOPYRIGHTINFRINGEMENTDEMAND FOR JURY TRIAL
'11
CV1416
MDD
MMA
Case 3:11-cv-01416-MMA -MDD Document 1 Filed 06/28/11 Page 1 of 14
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COMPLAINT
12345678910111213141516171819202122232425262728Plaintiff Perfect 10, Inc. (“Perfect 10”) avers:
JURISDICTION AND VENU
1. Jurisdiction. This action arises under the Copyright Act, 17 U.S.C.§ 101
et seq.
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.
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. 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
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COMPLAINT
12345678910111213141516171819202122232425262728in 2006.6. Does 1 through 100, inclusive, which are businesses owned orcontrolled by Depositfiles or individuals affiliated with Depositfiles, eitherdirectly or indirectly profit from and/or directly or indirectly infringe or facilitatethe infringement of Perfect 10 intellectual property, are sued herein underfictitious names because their true names and capacities are unknown to Perfect10.7. When Perfect 10 ascertains the Doe Defendants’ true names andcapacities, it will seek leave to amend this complaint to insert such true namesand capacities. Perfect 10 is informed and believes, and on that basis avers, thateach Doe Defendant acted with Defendants and is responsible for the harm anddamages to Perfect 10 herein averred. Defendant and the Doe Defendants arereferred to hereinafter collectively as “Defendants.”8. Perfect 10 is informed and believes, and on that basis avers, that atall times material herein, each of the Defendants was the agent and/or employeeof the other Defendants, and, in doing the things herein averred, was actingwithin the course and scope of such agency and employment.
THE BUSINESS OF PERFECT 10
9. The business of Perfect 10 consists of the design, creation,production, marketing, promotion, and sale of copyrighted adult entertainmentproducts, including photographs, magazines, video productions, cell phonedownloads, and other media.10. Perfect 10 was the publisher of the well-known magazinePERFECT 10, but was forced to close that magazine because of rampantinfringement.11. Perfect 10 creates or created, and sells or sold, calendars and othermerchandise featuring its images, and was involved in the licensing of downloads of images for cell phones, but is not currently earning revenue from
Case 3:11-cv-01416-MMA -MDD Document 1 Filed 06/28/11 Page 3 of 14
