JS 44C/SDNY REV.

1/2014

JUDGE PAUIH"
initiating the civildocket sheet.

14 ev
CIVIL COVER SHEET
DEFENDANTS

?*:'/

TheJS-44civil cover sheetandthe information contained herein neither replace norsupplement thefiling andservice of

Judicial Conference ofthe United States in September 1974, isrequired for useoftheClerk ofCourt for thepurp§fe £

pleadings or other papers as required by law, except as provided by local rules of court. This form, approved KpiE

1 G2014

PLAINTIFFS

Sony Music Entertainment

Extreme TRAXX Productions, Cheer Music Store, Inc., Cheer Music Machine,

LLC, Cheerleading Music, LLC, Thomas Locklayer, and Mark Bryan

ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER

ATTORNEYS (IF KNOWN)

437 Madison Avenue, New York, NY 10022, Phone: (212) 907-7300
CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE)
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)

Kim J. Landsman and Ana-Claudia Roderick Golenbock Eiseman Assor Bell & Peskoe LLP

17 U.S.C. §§ 106, 501. This is an action for infringement ofcopyrights in .sound recordings
Has this ora similar case been previously filed in SDNY atany time? No [X] Yes • Judge Previously Assigned
& Case No.

If yes, was this case Vol. • Invol. •

Dismissed. No •

Yes •

If yes, give date.

IS THIS AN INTERNATIONAL ARBITRATION CASE? No ^
(PLACE AN[x]INONEBOXONLY)
TORTS

YeS D
NATURE OF SUIT
ACTIONS UNDER STATUTES

CONTRACT

PERSONAL INJURY INSURANCE
MARINE

PERSONAL INJURY

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

[ [ [ [

1110 ]120 ]130 ]140

[ ]310 AIRPLANE [ ]315 AIRPLANE PRODUCT
LIABILITY

[ ] 362

PERSONAL INJURY MED MALPRACTICE

[ 1610 [ ]620
[1625

AGRICULTURE
OTHER FOOD & DRUG DRUG RELATED SEIZURE OF PROPERTY
21 USC 881

[ ] 422 APPEAL
28 USC 158

[ ]400 STATE
REAPPORTIONMENT

MILLER ACT NEGOTIABLE

[ 1365 PERSONAL INJURY
PRODUCT LIABILITY

[ ] 423 WITHDRAWAL
28 USC 157

[ ]320 ASSAULT, LIBEL &
SLANDER

INSTRUMENT

[ ] 368

ASBESTOS PERSONAI
INJURY PRODUCT
LIABILITY

|]150

RECOVERY OF

[ ]330

OVERPAYMENT &
ENFORCEMENT OF JUDGMENT MEDICARE ACT RECOVERY OF DEFAULTED STUDENT LOANS

FEDERAL EMPLOYERS'
LIABILITY

PROPERTY RIGHTS

[ [ [ [ [

1410 ]430 ]450 ) 460 J 470

ANTITRUST

BANKS & BANKING COMMERCE
DEPORTATION RACKETEER INFLU ENCED & CORRUPT ORGANIZATION ACT

[ 1151 []152

[ ]340 MARINE I I 345 MARINE PRODUCT
LIABILITY [ ]350 MOTOR VEHICLE [ ]355 MOTOR VEHICLE PRODUCT LIABILITY [ ]360 OTHER PERSONAL INJURY

PERSONAL PROPERTY

[ ] 370 [ ] 371 [ ] 380

OTHER FRAUD TRUTH IN LENDING OTHER PERSONAL
PROPERTY DAMAGE

[ [ [ [

]630 ]640 J650 1660

LIQUOR LAWS
RR & TRUCK
AIRLINE REGS

OCCUPATIONAL
SAFETY/HEALTH OTHER

M820 COPYRIGHTS [ ]830 PATENT [ ] 840 TRADEMARK

[ ]690

(EXCL VETERANS)
[ ] 153
RECOVERY OF OVERPAYMENT

SOCIAL SECURITY
LABOR

[ [ [ [

(RICO) ]480 CONSUMER CREDIT ]490 CABLE/SATELLITE TV 1810 SELECTIVE SERVICE I 850 SECURITIES/
COMMODITIES/ EXCHANGE

[ ] 385

PROPERTY DAMAGE
PRODUCT LIABILITY

OF VETERAN'S
BENEFITS

[ ]710 [ I 720
PRISONER PETITIONS

[ ]160

STOCKHOLDERS SUITS
OTHER

FAIR LABOR STANDARDS ACT LABOR/MGMT
RELATIONS

[ [ [ [ [

] 861 ] 862 J 863 ] 864 ] 865

HIA (1395ff) BLACKLUNG (923) DIWC/DIWW(405(g)) SSID TITLE XVI RSI (405(g))

! 1875 CUSTOMER
CHALLENGE 12 USC 3410

[ ]890 OTHER STATUTORY
ACTIONS

[]190
[]195

CONTRACT CONTRACT
PRODUCT LIABILITY

[) 730 [ ]510 MOTIONS TO
ACTIONS UNDER STATUTES
CIVIL RIGHTS VACATE SENTENCE
28 USC 2255

LABOR/MGMT REPORTING & DISCLOSURE ACT OTHER LABOR
LITIGATION EMPL RET INC

FEDERAL TAX SUITS

[ ]891 AGRICULTURAL ACTS [ 1892 ECONOMIC
STABILIZATION ACT

[ ] 196 FRANCHISE

REAL PROPERTY

[ 1441 VOTING [ ] 442 EMPLOYMENT [ I 443 HOUSING/
ACCOMMODATIONS [ ]444 WELFARE [ ]445 AMERICANS WITH

[ ]530 HABEASCORPUS [ J 535 DEATHPENALTY [ I 540 MANDAMUS & OTHER [ 1791

[ I 740 [ I 790

RAILWAY LABOR ACT [ ]870 TAXES (U.S. Plaintiff or

[ ]893 ENVIRONMENTAL
MATTERS

Defendant)

[ ] 871 IRS-THIRD PARTY
26 USC 7609

[ 1894 ENERGY
ALLOCATION ACT

SECURITY ACT IMMIGRATION PRISONER CIVIL RIGHTS

[ ]895 FREEDOM OF
INFORMATION ACT

[ ]900

APPEAL OF FEE

[]210 [ ]220 [ 1230
[ 1240 []245

LAND

DETERMINATION

CONDEMNATION
FORECLOSURE RENT LEASE & EJECTMENT TORTS TO LAND

[1462

DISABILITIES EMPLOYMENT

[ ] 550 [ J 555

CIVILRIGHTS PRISON CONDITION

[ ]463 [ 1465

[ ]446 AMERICANS WITH [ ]440
DISABILITIES -OTHER OTHER CIVIL RIGHTS

TORT PRODUCT
LIABILITY ALL OTHER REAL PROPERTY

NATURALIZATION APPLICATION HABEAS CORPUSALIEN DETAINEE OTHER IMMIGRATION ACTIONS

UNDER EQUAL
ACCESS TO JUSTICE

[ )950 CONSTITUTIONALITY
OF STATE STATUTES

(Non-Prisoner)

[ ]290

Check if demanded in complaint:

CHECK IF THIS IS A CLASS ACTION
UNDER F.R.C.P. 23

DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?
IF SO, STATE:

DEMAND $_

OTHER

JUDGE

DOCKET NUMBER.

Check YES only if demanded in complaint

JURY DEMAND: S YES • NO

NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).

(PLACE AN x INONEBOXONLY)

ORIGIN

S 1 Original
Proceeding

• 2 Removed from
State Court

D3 Remanded D 4 Reinstated or
from Reopened

• 5 Transferred from Q6 Multidistrict
(Specify District) Litigation

I I 7 Appeal toDistrict
Judge from Magistrate Judge Judgment

["I a. all parties represented
1—'

Appellate
Court

[J b. At leastone
party Is pro se.

(PLACE AN x INONEBOXONLY)

BASIS OF JURISDICTION

IF DIVERSITY, INDICATE
CITIZENSHIP BELOW.

1 U.S. PLAINTIFF

• 2 U.S. DEFENDANT

| 3 FEDERAL QUESTION
(U.S. NOT A PARTY)

Q4 DIVERSITY

(28 USC 1332, 1441)

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)
(Place an [X] in one box for Plaintiffand one box for Defendant)
PTF DEF PTF DEF PTF DEF

CITIZEN OF THIS STATE

[ ]1

[ ]1

CITIZEN OR SUBJECT OF A FOREIGN COUNTRY

[ ]3 [ ]3

INCORPORATED and. PRINCIPAL PLACE
OF BUSINESS IN ANOTHER STATE

[ ]5

[ ]5

CITIZEN OF ANOTHER STATE

[ ]2

[ ]2

INCORPORATED or PRINCIPAL PLACE
OF BUSINESS IN THIS STATE

[ ]4 [ ]4

FOREIGN NATION

[]6

[]6

PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

550 Madison Avenue, New York, NY 10022.

New York County, NY

DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

Extreme TRAXX Productions and Thomas Locklayer: 1124 Renoir Way, Williamstown, NJ 08094. Gloucester County, NJ. Cheer Music Store Inc., Cheer Music Machine, LLC, Cheerleading Music Service, LLC, and Mark Bryan: 6550 Devonshire Heights Road, Harrisburg, PA 17111. Dauphin County, PA.
DEFENDANT(S) ADDRESS UNKNOWN
REPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN THE
RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:

Checkone:

THIS ACTION SHOULD BE ASSIGNED TO:
SIGNATURE OF ATTORNEY OF RECORD

WHITE PLAINS

[X] MANHATTAN

(DO NOT check either box ifthis a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.)
DATE 2/10/2014
ADMITTED TO PRACTICE IN THIS DISTRICT

[ 1 NO
RECEIPT #

JL <5W,e>*r

-

N YES(DATE ADMITTED Mo. 02
Attorney Bar Code # 1705045

Yr. 1981

)

Magistrate Judge is to be designated by the Clerk of the Court.
Magistrate Judge
Ruby J. Krajick, Clerk of Court by.

is s% Designated.

Deputy Clerk, DATED1

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

Kim J. Landsman Ana-Claudia Roderick

GOLENBOCK EISEMAN ASSOR BELL & PESKOE LLP
437 Madison Avenue

JUDGEMBH

New York, New York 10022-7020 (212) 907-7300
E-mail: klandsman@golenbock.com

Attorneysfor PlaintiffSony Music Entertainment
/M

/f!?F

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

\3-

(f>

SONY MUSIC ENTERTAINMENT,
14 Civ.

o ° -n
^c.

—*

-or

^£ UO
o

Plaintiff,
COMPLAINT

c&

v< ^
CD

s

- against ECF Case

EXTREME TRAXX PRODUCTIONS,

CHEER MUSIC STORE INC., CHEER MUSIC MACHINE, LLC, CHEERLEADING MUSIC, LLC, THOMAS LOCKLAYER, and MARK
BRYAN,
Defendants.

Jury Trial Demanded

Plaintiff Sony Music Entertainment ("Plaintiff' or "Sony Music"), through its

undersigned counsel, for its complaint against defendants Extreme Traxx Productions, Cheer
Music Store Inc., Cheer Music Machine, LLC, Cheerleading Music Service, LLC, Thomas

Locklayer, and Mark Bryan (collectively, "Defendants"), alleges as follows:
NATURE OF THE ACTION

1.

This is an action for the blatant, willful, and ongoing infringement of Sony

Music's copyrights in and to certain sound recordings.

Defendants sell, distribute, and

commercially exploit customized "mixes" of popular sound recordings for use in cheerleading

1

competitions that include Sony Music's copyrighted sound recordings without any attempt to
obtain the requisite permission.
PARTIES

2.

PlaintiffSony Music is a partnership duly organized and existing under the

laws of the State of Delaware, with its principal place of business at 550 Madison Avenue,

New York, New York 10022. Sony Music markets, sells, distributes, and otherwise exploits

sound recordings embodying musical and/or vocal performances by recording artists, including
in the form of phonograph records, tapes, compact discs ("CDs"), videos, digital video discs
("DVDs"), and downloads from the Internet.

3.

Upon information and belief, defendant Extreme TRAXX Productions

("Extreme TRAXX") is a business entity with its principal place of business in Williamstown,
New Jersey. Extreme TRAXX operates and conducts business through its interactive website http://www.extremetraxx.com, and is engaged in streaming, offering for sale, distributing, and
selling samples and remixes of popular songs for use by cheerleading groups, teams, and
organizations.

4.

Upon information and belief, defendant Thomas Locklayer ("Locklayer")

is an individual residing in Williamstown, New Jersey, and is the principal and owner of

Extreme TRAXX. Upon information and belief, Locklayer personally instigated, directed, and
controlled the unlawful activity alleged herein. 5. Upon information and belief, defendant Cheer Music Store Inc. ("Cheer

Music Store") is a corporation with its principal place of business in Harrisburg, Pennsylvania,
and is affiliated with defendants Cheer Music Machine, LLC and Cheerleading Music Service,

LLC (collectively, the "Cheer Music Defendants").

Cheer Music Store has operated and

conducted business through its interactive website, http://www.cheermusicstore.com, and has

engaged in streaming, offering for sale, distributing, and selling samples and remixes of popular
songs for use by cheerleading groups, teams, and organizations. 6. Upon information and belief, defendant Cheer Music Machine, LLC

("Cheer Music Machine") is a Delaware limited liability company with its principal place of
business in Harrisburg, Pennsylvania, and is affiliated with the Cheer Music Defendants. Cheer Music Machine has operated and conducted business through its interactive website

http://www.cheermusicmachine.com, and has engaged in streaming, offering for sale,
distributing, and selling samples and remixes of popular songs for use by cheerleading groups,
teams, and organizations.

7.

Upon information and belief, defendant Cheerleading Music Service, LLC

("Cheerleading Music") is a Delaware limited liability company with its principal place of
business in Harrisburg, Pennsylvania, and is affiliated with the Cheer Music Defendants.

Cheerleading Music has operated and conducted business through its interactive website http://www.cheerleadingmusic.com, and has engaged in streaming, offering for sale, distributing,
and selling samples and remixes of popular songs for use by cheerleading groups, teams, and
organizations.

8.

Upon information and belief, defendant Mark Bryan ("Bryan") is an

individual residing in Harrisburg, Pennsylvania, who is the owner and principal of the Cheer
Music Defendants. Upon information and belief, Bryan personally instigated, directed, and

controlled the unlawful activity alleged herein.

JURISDICTION AND VENUE

9.

This Court has subject matter jurisdiction over this action for copyright

infringement pursuant to 28 U.S.C. §§ 1331 (federal question) and 1338 (action arising under an
Act of Congress relating to copyright).

10.

Upon information and belief, each of the Defendants engages in

substantial and continuous solicitation of business in New York. New York is home to a vibrant

community of cheerleading organizations and is a location for numerous cheerleading

competitions. For example, the United States Cheer and Dance Directory lists sixty-one cheer,
dance and gymnastics teams, six collegiate teams, and four professional teams located in New
York State. See http://www.uscdd.net/nyteams.php (last visited February 5, 2014). The same website reports that, as of February 5, 2014, there are expected to be approximately 120
cheerleading competitions held in New York State between January 2014 and August 2014. As
such, Defendants direct their business towards New York in order to profit from the large

cheerleading market in this State and its appetite for cheerleading-specific music products. 11. Upon information and belief, Defendants sell their products primarily

through their interactive websites. These sites go beyond merely displaying information, and
allow New York customers to communicate with and make purchases from Defendants through

the Internet.

For example, Extreme TRAXX's website allows customers to email Extreme

TRAXX, book appointments with its employees or representatives, and purchase or make "deposits" for Extreme TRAXX's products. The Cheer Music Defendants' websites allow

customers to email representatives to discuss the customization of their music request and order
or purchase products and services online.

12.

Upon information and belief, a substantial percentage of Defendants'

revenue is attributable to its sales to New York residents. As a large market for cheerleading

music, New York customers are likely to be the source of a significant number of Defendants'
yearly transactions. 13. As a result of Defendants' activities, they are subject to personal

jurisdiction pursuant to CPLR §301, and the exercise of the Court's general jurisdiction
comports with constitutional due process.

14.

Upon information and belief, Defendants have transacted business in the

State of New York by selling music samples, remixes, CDs, and/or DVDs through their websites
to various individuals or cheerleading groups located in New York. New York cheerleading

organizations and residentsprovide a substantial market for Defendants' infringing businesses.
15. Sony Music's claim for copyright infringement arises from these

transactions of business, inasmuch as the goods and services sold by Defendants to customers in
New York infringe on Sony Music's copyrights.

16.

Accordingly, Defendants are subject to personal jurisdiction in the State of

New York pursuant to CPLR § 302(a)(1), and the exercise of such jurisdiction complies with
constitutional due process. 17. Defendants have committed tortious acts outside of New York by creating

and maintaining websites based in New Jersey and Pennsylvania that play and/or sell music samples, remixes, CDs, and/or DVDs that infringe on Sony Music's copyrights.
18. Sony Music's infringement claim arises from Defendants' acts, which

have caused injury to Sony Music in New York.

19.

Defendants expected or should reasonably have expected their tortious

conduct to have consequences in New York, as it is well known that Sony Music's headquarters

are located in New York City, New York hosts a substantial number of cheerleading
competitions each year, and New York is home to a significant number of cheerleading teams,
groups, and organizations. 20. Upon information and belief, Defendants have derived substantial revenue

from interstate commerce through the use of their interactive websites by selling their products in
New York and numerous other states.

21.

As a result, Defendants are subject to personal jurisdiction in the State of

New York pursuant to CPLR § 302(a)(3)(ii), and the exercise of such jurisdiction complies with
constitutional due process. 22. Venue is appropriate in this judicial district pursuant to 28 U.S.C.

§ 1400(a) and 28 U.S.C. § 1391(b). Defendants are subject to the court's personal jurisdiction

with respect to this litigation and therefore may be found in this judicial district. In addition,
Sony Music has its principal place of business in the Southern District of New York, a

substantial part of the events and omissions giving rise to Sony Music's injuries have occurred in

New York, and a substantial part of the property at issue in this action, Sony Music's copyrights,
are located in this district. FACTUAL ALLEGATIONS

A.

Sony Music's Rights in the Sound Recordings at Issue

23.

Sony Music is one of the largest and most respected record companies in

the music business. Its roster of artists includes a broad array of popular musicians and their

songs, including such international superstars as Adele, Beyonce, Britney Spears, Miley Cyrus,

One Direction, P!nk, and Bruce Springsteen. The company boasts a vast catalog that comprises

some of the most important recordings in history.
representing music from every genre.

It is home to premier record labels

24.

Sony Music owns or is the exclusive licensee of rights to the sound

recordings of its artists. Sony Music has invested and continues to invest significant money,
time, effort, and creative talent to create, promote, sell, and license its soundrecordings.

25.

Sony Music sells, distributes, and/or licenses its sound recordings in the

form of CDs, DVDs, and digital files throughout the United States and in New York.
B. Defendants' Unlawful Copying and Distribution of Sony Music's Sound Recordings

26.

Each Defendant has copied, distributed, and sold sound recordings owned

and/or controlled by Sony Music without Sony Music's authorization.
1. Extreme TRAXX and Locklayer

27.

Extreme TRAXX and Locklayer are in the business of advertising,

offering for sale and distribution, distributing, and selling customized mixes and/or samples of
sound recordings to individuals or cheerleading groups for use in cheerleading competitions,
exhibitions, and/or training. Extreme TRAXX's website proclaims that Extreme TRAXX is "'THE' house hold[sic] name synonymous with coaches, cheerleaders and choreographers alike
when they speak of 'The Best Custom Music' in the industry."
28. Extreme TRAXX and Locklayer have sold and distributed their custom

"mixes" or "packages" of sound recordings through, at the very least, their website. These

products (the "Extreme TRAXX Products") have been priced between $850.00 (Traditional High
School - 1 minute and 30 seconds) and $1,500.00 (Traditional Allstars) per package.

29.

Although Sony Music does not know the complete extent of Extreme

TRAXX's and Locklayer's unauthorized use of its sound recordings, a review of their website

has revealed that they have offered for sale and/or distribution sound recordings by Sony Music
artists such as Christina Aguilera, Beyonce, Chris Brown, Kelly Clarkson, Karmin, P!nk, and
The Script, among others.

30.

Sound recordings copied and sold by Extreme TRAXX Products include,

but are not limited to "Army of Me" (Christina Aguilera), "Look at Me Now" (Chris Brown), "Emotions" (Mariah Carey), "Catch My Breath" (Kelly Clarkson), "Bug-A-Boo" (Destiny's
Child), "To Love You More" (Celine Dion), "I Believe" (Fantasia), "Hello" (Karmin), "Runnin"

(Adam Lambert), "Keep Holding On" (Avril Lavigne), "Swagger Jagger" (Cher Lloyd), "Dance Again" (Jennifer Lopez), "Blow Me (One Last Kiss)" (P!nk), and "Hall of Fame" (The Script).
31. The copyrights to all of the sound recordings specified in paragraph 30

above are registered in the Copyright Office of the United States, and are owned by, controlled
by, and/or exclusively licensed to Sony Music.

32.

Upon information and belief, Extreme TRAXX and Locklayer provided

the Extreme TRAXX Products to customers in a digital and/or physical format that can be

readily distributed to additional users - without Sony Music's authorization - by sharing the
Extreme TRAXX Products digitally or burning them to a CD.

33.

Upon information and belief, Extreme TRAXX and Locklayer have also

allowed their website visitors to listen to certain Extreme TRAXX Products prior to making a
purchase (i.e. they offer on-demand streaming). Upon information and belief, Extreme TRAXX

and Locklayer stream additional Extreme TRAXX Products through their Soundcloud page
(https://www.soundcloud.com/extremetraxxproductions).

34.

Extreme TRAXX and Locklayer have no license or other authorization

from Sony Music to copy, sell, or distribute its sound recordings, and they have not compensated
Sony Music for their unauthorized uses. 2. The Cheer Music Defendants and Bryan

35.

Like Extreme TRAXX and Locklayer, the Cheer Music Defendants and

Bryan have used their websites to advertise, offer for sale and distribution, distribute, and sell

premade and customized mixes and/or samples of sound recordings (the "Cheer Music Track

Packs") to individuals or cheerleading groups for use in cheerleading competitions, exhibitions,
and/or training.

36.

Although the Cheer Music Defendants' websites no longer provide pricing

information for premade and customized Cheer Music Track Packs, until approximately November 2013, the Cheer Music Defendants and Bryan charged customers between $75 (for 30

seconds, and up to "4 library songs") and $249 (for two minutes and 30 seconds, and "up to 20
library songs") for customized mixes.

37.

Although Sony Music does not know the complete extent of the Cheer

Music Defendants' and Bryan's unauthorized use of its sound recordings, a review of their websites has shown that they have offered for sale and/or distribution at least forty-seven sound

recordings by P!nk and over twenty sound recordings by Adele. These sound recordings include, but are not limited to, "Bad Influence" (P!nk), "Blow Me (One Last Kiss)" (P!nk), "Cuz I Can"
(P!nk), "Rolling in the Deep" (Adele), "Rumor Has It" (Adele), and "Set Fire to the Rain"
(Adele).

38.

The copyrights to all of the sound recordings specified in paragraph 37

above are registered in the Copyright Office of the United States, and are owned by, controlled
by, and/or exclusively licensed to Sony Music.

9

39.

Upon information and belief, the Cheer Music Defendants and Bryan

provided the premade and customized Cheer Music Track Packs to customers in a digital format
that can be readily distributed to additional users by sharing the Cheer Music Track Packs digitally or burning them to a CD.
40. The Cheer Music Defendants and Bryan also offered their website users

the opportunity to listen to premade Cheer Music Track Packs before making a purchase on an
on-demand, streaming basis. These Cheer Music Track Packs incorporated unauthorized uses of

Sony Music sound recordings. 41. The Cheer Music Defendants and Bryan also gave customers the option to

"design your routine" prior to purchase by using the "Cheer Music Machine" tool at

https://www.cheermusicmachine.com.

This webpage allowed visitors to listen to and select

sound recordings for inclusion in a customized Cheer Music Track Pack, and has included copies

of recordings by Sony Music artists such as Adele, Alicia Keys, Britney Spears, Ke$ha, One
Direction, and P!nk.

42.

The Cheer Music Defendants and Bryan have no license or other

authorization from Sony Music to copy, sell, or distribute its sound recordings, and they have not
compensated Sony Music for their unauthorized uses. C. Defendants' Disregard of Sony Music's Cease and Desist Letters

43.

Sony Music's legal counsel sent a letter dated April 4, 2013, by certified

mail and e-mail, to Bryan as principal of the Cheer Music Defendants. Sony Music's letter notified the Cheer Music Defendants and Bryan that their custom mixes infringe Sony Music's copyrights, demanded that the infringing activity stop, and insisted that the Cheer Music

Defendants and Bryan compensate Sony Music for their violation of its rights.

10

44.

Bryan and the Cheer Music Defendants did not respond to the letter, but at

some point thereafter, Bryan and the Cheer Music Defendants made changes to their websites to make certain content inaccessible without a password, which precludes any ability of Sony
Music to determine current content.

45.

In or about October 2013, Sony Music's outside counsel contacted Bryan

and the Cheer Music Defendants, by phone and by email, and reiterated Sony Music's demands

that they halt their infringement and compensate Sony Music for their use of its copyrighted sound recordings. Some initial conversations with Bryan and a lawyer who was considering
representing him did not ultimately lead to an agreement or compliance with Sony Music's
demands.

46.

Sony Music's legal counsel sent a letter dated April 12, 2013, by certified

mail and by e-mail, to Locklayer as the principal of Extreme TRAXX. Sony Music's letter to

Locklayer and Extreme TRAXX similarly notified them that their products infringe Sony
Music's copyrights, demanded Locklayer and Extreme TRAXX cease their activities, and sought

payment for their infringing use of Sony Music's sound recordings.
TRAXX did not respond to the letter.

Locklayer and Extreme

47.

Despite being explicitly notified of their infringement of Sony Music's

rights, Defendants have not complied with the demand that they cease their infringement.

11

Claim for Relief for Copyright Infringement

48.

Plaintiff Sony Music hereby incorporates by reference the facts and

allegations set forth in paragraphs 1 through 47 above, as if fully set forth herein.
49. Defendants have infringed Sony Music's copyrights by copying, selling,

and/or distributing Sony Music's sound recordings in violation of 17 U.S.C. §§ 106 and 501 and,
to the extent that any sound recordings at issue were fixed before February 15, 1972, the common law of various states including New York. 50. Defendants' infringement of Sony Music's rights in and to its sound

recordings includes but is not limited to the representative list of sound recordings described
above.

51.

Defendants' acts of infringement have been deliberate and willful.

52. Music' s copyrights. 53.

Defendants have unlawfully profited from the infringement of Sony

As a direct and proximate result of Defendants' violation of Sony Music's

copyrights, Sony Music has suffered actual damages to an extent not yet known and to be
determined by the trier of fact. 54. Defendants' conduct is causing and, unless enjoined by this Court, will

continue to cause Sony Music great and irreparable injury that cannot be fully compensated or measured in money damages. Sony Music has no adequate remedy at law.

WHEREFORE, Sony Music respectfully requests that this Court enter judgment
against Defendants as follows:
A. Pursuant to 17 U.S.C. § 502 and Rule 65 of the Federal Rules of Civil Procedure,

preliminarily and permanently enjoining Defendants and their officers, agents, servants,

12

employees, successors, licensees, assigns, and attorneys and any other persons who are in active
concert or participation with them from reproducing, copying, distributing, or selling without Sony Music's authorization sound recordings for which Sony Music owns or controls the
exclusive copyrights.
B. Pursuant to 17 U.S.C. § 503, ordering that Defendants deliver to the Court for

impoundment and ultimate destruction all copies or phonorecords or visual recordings (in physical and digital formats) made in violation of Sony Music's exclusive rights and all masters,
tapes, or other means by which such copies or phonorecords or visual recordings may be reproduced. C. Pursuant to 17 U.S.C. § 504, awarding Sony Music its actual damages suffered as

a result of Defendants' infringement of its copyrights, and any profits of Defendants attributable to the infringement and not taken into account in computing Sony Music's actual damages, or in

the alternative, statutory damages of up to $150,000 per infringement for willful infringement; D. Pursuant to 17 U.S.C. § 505, awarding Sony Music its full costs, including a

reasonable attorney's fee; E. Awarding Sony Music prejudgment interest according to law; and

F.

Awarding Sony Music such other and further relief as may be just and equitable

under the circumstances.

13

JURY TRIAL DEMAND

Plaintiff demands trial by jury of all issues so triable.

Dated: February 10, 2014

Respectfully submitted,

Kim J.lL*andsman
Ana-Claudia Roderick
GOLENBOCK EISEMAN ASSOR BELL & PESKOE LLP

437 Madison Avenue

New York, New York 10022-7020 (212) 907-7300

E-mail: klandsman@golenbock.com
Attorneysfor Plaintiff Sony Music Entertainment

1865458

14

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