A B U R G
I L K
, P . C . A
T T O R N E Y A T
3 2 0 0 N
O R T H
E N T R A L
V E N U E
U I T E
2 0 0 0 P
H O E N I X
R I Z O N A
8 5 0 1 2
This Court has jurisdiction under 15 U.S.C. § 1121 (trademark); 17 U.S.C.§ 101
(copyright); 28 U.S.C. § 1331 (federal question); and 28 U.S.C. § 1338(a)(copyright). This Court has supplemental jurisdiction over state and common law claimspursuant to 28 U.S.C. § 1367(a).3.
Venue in this District is proper under 28 U.S.C. §§ 1391(b) and (c), and/or28 U.S.C. § 1400(a). A substantial part of the acts of infringement complained of occurred in this District, and certain corporate defendants are subject to personal jurisdiction in this District.4.
Personal jurisdiction in this District is proper because each defendant,engaged in acts of copyright infringement within the District of Arizona, and/orintentionally directed tortious conduct at Plaintiff knowing such conduct would causeharm within this District.
Plaintiff XCENTRIC VENTURES, L.L.C. (“Plaintiff”) is and at allrelevant times was an Arizona limited liability company located in Phoenix, Arizona.6.
Plaintiff is the operator of a consumer complaint and free speech forumknown as the Rip-off Report located at www.RipoffReport.com (the “Rip-off Reportsite”). The Rip-off Report is widely used by consumers, and works closely withgovernment agencies, attorneys general, federal, state, and local law enforcement, andthe news media to help report, identify and prevent consumer fraud and similar conduct.7.
Defendant OPINION CORP., INC. (“OCI”) is, and at all relevant timeshas been, a New York corporation doing business as Pissed Consumer with a websitelocated at www.PissedConsumer.com (the “Pissed Consumer” site) which caused theevents herein described to occur with knowledge that they would cause harm within theState of Arizona. Upon information and belief, OCI also has engaged in continuous,systematic and substantial contacts with the State of Arizona sufficient to confer generaland specific personal jurisdiction over it in this District.
Case 2:08-cv-01841-JAT Document 1 Filed 10/07/08 Page 2 of 11