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JS 44C/SDNY

REV. 4/2014
14 CV
CIVIL COVER SH
The JS-44 civil cover sheet and the informationcontained herein neither replace nor supplement the filing and service of
pleadings or otherpapersas required bylaw, except as provided bylocal rules ofcourt. This form, approved by the
Judicial Conferenceof the United States inSeptember 1974, is requiredfor use of the Clerkof Courtforthe purpose of
initiating the civil docket sheet.
PLAINTIFFS DEFENDANTS
Capitol Records, LLC and Universal-Polygram INternational Publishing, Inc. Monster Energy Company
SEr 2
ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER ATTORNEYS (IF KNOWN)
Cowan, Liebowitz & Latman, P.C.
1133 Avenue of the Americas, New York, NY 10036
(212)790-9200
CAUSE OFACTION(CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE)
(DONOT CITEJURISDICTIONAL STATUTES UNLESS DIVERSITY)
Copyright Infringement under 17 U.S.C. Section 101 etseq.
Has this action, case, or proceeding, or one essentially the same been previously filed in SDNY at any time? NdZresLJJudge Previously Assigned
If yes, was this case Vol. fj Invol. fj Dismissed. No fj Yes fj If yes, give date &Case No.
IS THIS AN INTERNATIONALARBITRATIONCASE7
(PLACEAN[x] INONEBOXONLY)
No 0 Yes
NATURE OF SUIT
CONTRACT PERSONAL INJURY
I ]"0
INSURANCE [ ] 310 AIRPLANE
[ 1120 MARINE ( ] 315 AIRPLANE PRODUCT
[ J 130 MILLER ACT LIABILITY
( ]1 NEGOTIABLE | ] 320 ASSAULT, LIBEL&
INSTRUMENT SLANDER
I 1150 RECOVERY OF [ ] 330 FEDERAL
OVERPAYMENT 4 EMPLOYERS'
ENFORCEMENT LIABILITY
OF JUDGMENT [ ] 340 MARINE
[ 1151 MEDICARE ACT [ ] 345 MARINE PRODUCT
( ] 152 RECOVERY OF LIABILITY
DEFAULTED | ] 350 MOTORVEHICLE
STUDENT LOANS [ ] 355 MOTOR VEHICLE
(EXCL VETERANS) PRODUCT LIABILITY
I 1153 RECOVERY OF [ ] 360 OTHER PERSONAL
OVERPAYMENT INJURY
OF VETERAN'S 1 ] 362 PERSONAL INJURY -
BENEFITS
MED MALPRACTICE
11160 STOCKHOLDERS
SUITS
[J 190
OTHER
CONTRACT
[ 1195
CONTRACT
PRODUCT ACTIONS UNDER STATUTES
LIABILITY
[ ] 196 FRANCHISE CIVIL RIGHTS
[ ] 440 OTHER CIVILRIGHTS
REAL PROPERTY
(Non-Prisoner)
( ] 441 VOTING
I ] 210 LAND [ ] 442 EMPLOYMENT
CONDEMNATION [ ] 443 HOUSING/
( ]220 FORECLOSURE
ACCOMMODATIONS
[ ]230 RENT LEASE &
[ ] 445 AMERICANS WITH
EJECTMENT
DISABILITIES -
I I 240 TORTS TO LAND
EMPLOYMENT
I I 245 TORT PRODUCT
[ ] 446 AMERICANS WITH
LIABILITY
DISABILITIES -OTHER
I ]290 ALL OTHER
REAL PROPERTY
[ ] 448 EDUCATION
Check if demanded in complaint:
CHECK IF THIS IS ACLASS ACTION
UNDER F.R.C.P. 23

DEMAND $ OTHER
CheckYES only if demanded incomplaint
JURYDEMAND: DYES Qo.0
PERSONAL INJURY FORFEITURE/PENALTY
[ ) 367 HEALTHCARE/
PHARMACEUTICAL PERSONAL , , 625 DRUG RELATED
INJURY/PRODUCT LIABILITY SEI2URE 0F PROPERTY
[ ] 365 PERSONALINJURY 21 USC861
PRODUCT LIABILITY , . 690OTHER
( ]368 ASBESTOS PERSONAL ' '
INJURY PRODUCT
LIABILITY
PERSONAL PROPERTY
[ ] 370 OTHER FRAUD
[ ] 371 TRUTHINLENDING
[ ] 380 OTHER PERSONAL
PROPERTY DAMAGE
( ] 385 PROPERTY DAMAGE
PRODUCT LIABILITY
PRISONER PETITIONS
[ ] 463 ALIENDETAINEE
[ ] 510 MOTIONS TO
VACATE SENTENCE
28 USC 2255
[ J 530 HABEASCORPUS
[ ] 535 DEATH PENALTY
[ ] 540 MANDAMUS&OTHER
PRISONER CIVIL RIGHTS
[ ) 550 CIVILRIGHTS
[ ] 555 PRISON CONDITION
[ J 560 CIVILDETAINEE
LABOR
[ ] 710 FAIR LABOR
STANDARDS ACT
[ J 720 LABOR/MGMT
RELATIONS
[ ] 740 RAILWAY LABORACT
[ ] 751 FAMILYMEDICAL
LEAVE ACT (FMLA)
[ ] 790 OTHER LABOR
LITIGATION
[ ] 791 EMPL RET INC
SECURITY ACT
IMMIGRATION
( ) 462 NATURALIZATION
APPLICATION
[ ) 465 OTHER IMMIGRATION
ACTIONS
CONDITIONS OF CONFINEMENT
ACTIONS UNDER STATUTES
BANKRUPTCY OTHER STATUTES
[ 1375 FALSE CLAIMS
( ] 422 APPEAL [ J400STATE
28 USC 158 REAPPORTIONMENT
( ] 423 WITHDRAWAL [ ] 410 ANTITRUST
28 USC 157 [ ] 430 BANKS4 BANKING
( ] 450 COMMERCE
[ ] 460 DEPORTATION
PROPERTY RIGHTS [ ] 470 RACKETEER INFLU
ENCED & CORRUPT
W 620 COPYRIGHTS ORGANIZATION ACT
[ ] 830 PATENT (RICO)
[ ) 840 TRADEMARK [ ] 480 CONSUMERCREDIT
[ J 490 CABLE/SATELLITETV
SOCIAL SECURITY ( ] 850 SECURITIES/
COMMODITIES/
[ 1861 HIA(1395ff) EXCHANGE
( ] 862 BLACKLUNG(923)
[ ] 863 DIWC/DIWW(405(g))
[ ] 864 SSID TITLE XVI
[ ] 865 RSI (405(g))
FEDERAL TAX SUITS
[ ] 870 TAXES (U.S. Plaintiff or
Defendant)
[ ) 871 IRS-THIRD PARTY
26 USC 7609
] 890 OTHER STATUTORY
ACTIONS
] 891 AGRICULTURALACTS
] 893 ENVIRONMENTAL
MATTERS
] 695 FREEDOM OF
INFORMATION ACT
] 896 ARBITRATION
] 899 ADMINISTRATIVE
PROCEDURE ACT/REVIEW OR
APPEAL OF AGENCY DECISION
[ ] 950 CONSTITUTIONALITYOF
STATE STATUTES
DO YOU CLAJM THIS CASE IS RELATED TO A CIVILCASE NOW PENDING INS.D.N.Y.?
JUDGE Engelmayer DOCKET NUMBER 12cv6065
NOTE: You must also submit at the time of filingthe Statement of Relatedness form (Form IH-32).
(PLACEAN x INONEBOXONLYS ORIGIN
LH 1 Original 2 Removed from D 3 Remanded 4 Reinstated or
Proceeding StateCourt from Reopened
| | 3. all parties represented
Appellate
Court
I | 5 Transferred from Q 6 Multidistrict
(Specify District) Litigation
Q 7 Appeal toDistrict
Judge from
Magistrate Judge
Judgment
I | b. At least one
party is pro se.
(PLACEAN x INONEBOXONLY) BAS|S 0F JURISDICTION
1 U.S. PLAINTIFF 2 U.S. DEFENDANT \x\ 3 FEDERAL QUESTION Q4 DIVERSITY
(U.S. NOT A PARTY)
IFDIVERSITY, INDICATE
CITIZENSHIP BELOW.
CITIZENSHIP OF PRINCIPALPARTIES (FOR DIVERSITY CASES ONLY)
(Place an [X] in one box for Plaintiff and one box for Defendant)
CITIZEN OF THIS STATE
PTF DEF
I 11 [ ]1
CITIZENOF ANOTHERSTATE [ ] 2 [ ] 2
CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY
PTF DEF
[ ]3[]3
INCORPORATED or PRINCIPALPLACE [ ] 4 [ ] 4
OF BUSINESS IN THIS STATE
PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)
DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)
PTF DEF
INCORPORATEDand PRINCIPAL PLACE [ ] 5 [ ] 5
OF BUSINESS IN ANOTHER STATE
FOREIGN NATION [ )6 [ ]6
DEFENDANT(S) ADDRESS UNKNOWN
REPRESENTATION IS HEREBY MADE THAT, ATTHIS TIME, I HAVEBEEN UNABLE, WITHREASONABLE DILIGENCE, TO ASCERTAIN
RESIBENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:
Check one: THIS ACTION SHOULD BE ASSIGNED TO: WHITE PLAINS Qc] MANHATTAN
(DO NOT check either box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS
COMPLAINT.)
DATE 9/18/14 SIGNATURE OFATTORNEY OF RECORD ADMITTED TOPRACTICE IN THIS DISTRICT
/^/"^""^ ^^-^"Y [x] YES (DATE ADMITTED Mo. Sept. Yr. 1986 )
RECEIPT # Attorney Bar Code # rsm@cll.com
Magistrate Judge is to be designated by the Clerk of the Court.
Magistrate Judge
Ruby J. Krajick, Clerk of Court by . Deputy Clerk, DATED.
UNITED STATES DISTRICTCOURT (NEW YORKSOUTHERN)
Clear Form Save
is so Designated.
Print
Richard S. Mandel, Esq.
COWAN, LIEBOWITZ & LATMAN, P.C.
1133 Avenue of the Americas
New York, New York 10036-6799
(212) 790-9200
Attorneys for Plaintiffs
CAPITOL RECORDS, LLC and UNIVERSAL-POLYGRAM
INTERNATIONAL PUBLISHING, INC.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
- X
CAPITOL RECORDS, LLC and UNIVERSAL- : 14 civ
POLYGRAM INTERNATIONAL PUBLISHING,
INC., :
14 CV 771
COMPLAINT
Plaintiffs,
-against-
MONSTER ENERGY COMPANY,
Defendant.
x
Plaintiffs Capitol Records, LLC and Universal-PolygramInternational Publishing, Inc.
(collectively, "Plaintiffs"), by and through their attorneys, Cowan, Liebowitz & Latman, P.C, as
and for their Complaint, allege as follows:
THE PARTIES
1. Plaintiff Capitol Records, LLC ("Capitol") is a Delaware limited liability
company with its principal place of business in Los Angeles, California.
2. Plaintiff Universal-Polygram International Publishing, Inc. ("Universal") is a
Delaware corporation with its principal place of business in Los Angeles, California.
3. Upon information and belief, Defendant Monster Energy Company("Defendant"
or "Monster") is a Delaware corporation with its principal place of business at 550 Monica
Circle, Suite 201, Corona, California 92880.
29503/015/1497183.2
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JURISDICTION AND VENUE
4. This civil action seeks injunctive relief and damages for copyright infringement
under the Copyright Act, 17 U.S.C. 101 et seg,
5. This Court has subject matter jurisdiction under 28 U.S.C. 1331 and 1338(a).
6. This Court has personal jurisdiction over Defendant because, on information and
belief, it transacted business in New York and committed tortious acts outside New York causing
injury in New York.
7. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391(b) and
1400(a).
FACTS
Plaintiffs' Copyrights
8. Plaintiff Capitol is a well-known record company engaged in the business of
producing, manufacturing, distributing, selling, licensing and facilitating the distribution and sale
of sound recordings.
9. Plaintiff Universal is a well-known music publishing company engaged in the
business of administering copyrights in and licensing the use of musical compositions.
10. Plaintiffs have invested and continue to invest significant money, time, effort and
creative talent to discover and develop recording artists and songwriters, and to create and
exploit sound recordings recorded by, and musical compositions written by, their respective
exclusive recording artist and songwriters. Plaintiffs, their recording artists and/or songwriters
and others in the music industry are compensated for their creative efforts and monetary
investments largely from the exploitation of such recordings and musical compositions.
11. Capitol is the co-owner of the copyright to various original sound recordings
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29503/015/1497183.2
featuring the performances of the famous hip hop artists Beastie Boys, including the following
works duly registered withthe United States Copyright Office under the registration numbers
indicated below(collectively, the "BeastieBoys Recordings"):
Recording
"So Watcha Want"
"Sabotage"
"Looking Down the Barrel of a Gun"
"Make Some Noise"
"Pass the Mic"
Registration No.
SR0000197458
SR0000213461
SRuOOO154345
SR0000676386
SR0000197458
12. Universal is the co-owner of the copyright to various original musical
compositions written by the members of Beastie Boys, including the following works duly
registered with the United States Copyright Office under the registration numbers indicated
below (collectively, the "Beastie Boys Compositions"):
Recording Registration No.
"So Watcha Want" PA0000640261
"Sabotage"
"Looking Down the Barrel of a Gun'
"Make Some Noise"
"Pass the Mic"
PA0000721110
PA0000618789
PA0001767284
PA0000640257
Defendant's Infringing Conduct
13. Defendant Monster is a manufacturer and distributor of energy drinks and
alternativebeverages, including MONSTERENERGYbrand energy drinks.
14. Upon information and belief, in or around 2012, without Plaintiffs' consent,
29503/015/1497183.2
Monster and/or entities acting at Monster's direction synchronized and recorded the Beastie
Boys Compositions and the Beastie Boy Recordings together with visual and other material to
create promotional videos for Monster's products, including a promotional video for Monster's
"Ruckus in the Rockies 2012" promotional event (the "Video"). The soundtrack of the Video is
comprised substantially of excerpts from the Beastie Boys Recordings and Beastie Boys
Compositions totaling more than three minutes in duration.
15. Upon information and belief, on or around May 9, 2012, Monster posted the
Video on a number of websites, including, without limitation, Monster's official website located
at www.monsterenergy.com and the YouTube website located at www.youtube.com, for use as
advertising and promotion for Monster and its products and events.
16. Monster's unauthorized creation and distribution of the Video constitutes
infringement of Plaintiffs' copyrights in the Beastie Boys Recordings and Beastie Boys
Compositions. Indeed, such acts by Defendant Monster have already been adjudicated to be
infringing and damages have been awarded and other determinations made by the jury
(collectively, the "Findings") in an action brought by the co-owners of the copyrights in the
Beastie Boys Recordings and Beastie Boys Compositions, Beastie Boys et al. v. Monster Energy
Company, 12 Civ. 6065 (PAE) (the "Beastie Boys Action"). The Findings in the Beastie Boys
Action are binding upon Monster and collaterally estop it from challenging the Findings in this
action.
17. Monster's infringing acts were willful, intentional and purposeful, in blatant
disregard of Plaintiffs' rights.
18. By virtue of Monster's infringing conduct, it has made profits and gains to which
it is not in law or equity entitled.
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29503/015/1497183.2
19. The infringements ofPlaintiffs' copyright rights in the Beastie Boys Recordings
and Beastie Boys Compositions have damaged Plaintiffs and caused them irreparable harm.
Plaintiffs have no adequate remedy at lawfor suchinfringements.
COUNT 1
(Copyright Infringement of "So Whatcha Want" Recording)
20. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1-19 above
with the same force and effect as if set forth fully herein.
21. Monster's unauthorized reproduction of, preparation of a derivative work based
upon, distribution to the public of andpublic performance of Capitol's copyrighted sound
recording "So Whatcha Want" in the Video infringes Capitol's exclusive rights under the
Copyright Act, 17 U.S.C. 106.
22. Each unauthorized reproduction, derivative work, distributionto the public and
public performance of Capitol's copyrighted sound recording constitutes an individual and
distinct act of infringement.
COUNT II
(Copyright Infringement of "So Whatcha Want" Composition)
23. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1-19above
with the same force and effect as if set forth fully herein.
24. Monster's unauthorized reproduction of, preparation of a derivative work based
upon, distribution to the public of and publicperformance of Universal's copyrighted musical
composition "So Whatcha Want" in the Video infringes Universal's exclusive rights under the
Copyright Act, 17 U.S.C. 106.
25. Each unauthorized reproduction, derivative work, distribution to the public and
public performance of Universal's copyrighted musical composition constitutes an individual
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29503/015/1497183.2
and distinct act of infringement.
COUNT III
(Copyright Infringement of "Sabotage" Recording)
26. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1-19 above
with the same force and effect as if set forth fully herein.
27. Monster's unauthorized reproduction of, preparation of a derivative work based
upon, distribution to the public of and public performance of Capitol's copyrighted sound
recording "Sabotage" in the Video infringes Capitol's exclusive rights under the Copyright Act,
17 U.S.C. 106.
28. Each unauthorized reproduction, derivative work, distribution to the public and
public performance of Capitol's copyrighted sound recording constitutes an individual and
distinct act of infringement.
COUNT IV
(Copyright Infringement of "Sabotage" Composition)
29. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1-19 above
with the same force and effect as if set forth fully herein.
30. Monster's unauthorized reproduction of, preparation of a derivative work based
upon, distribution to the public of and public performance of Universal's copyrighted musical
composition "Sabotage" in the Video infringes Universal's exclusive rights under the Copyright
Act, 17 U.S.C. 106.
31. Each unauthorized reproduction, derivative work, distribution to the public and
public performance of Universal's copyrighted musical composition constitutes an individual
and distinct act of infringement.
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29503/015/1497183.2
COUNT V
(Copyright Infringement of "Looking Down the Barrel of a Gun" Recording)
32. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1-19 above
with the same force and effect as if set forth fully herein.
33. Monster's unauthorized reproduction of, preparation of a derivative work based
upon, distribution to the public of and public performance of Capitol's copyrighted sound
recording "Looking Down the Barrel of a Gun" in the Video infringes Capitol's exclusive rights
under the Copyright Act, 17 U.S.C. 106.
34. Each unauthorized reproduction, derivative work, distribution to the public and
public performance of Capitol's copyrighted sound recording constitutes an individual and
distinct act of infringement.
COUNT VI
(Copyright Infringement of "Looking Down the Barrel of a Gun" Composition")
35. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1-19 above
with the same force and effect as if set forth fully herein.
36. Monster's unauthorized reproduction of, preparation of a derivative work based
upon, distribution to the public of and public performance of Universal's copyrighted musical
composition "Looking Down the Barrel of a Gun" in the Video infringes Universal's exclusive
rights under the Copyright Act, 17 U.S.C. 106.
37. Each unauthorized reproduction, derivative work, distribution to the public and
public performance of Universal's copyrighted musical composition constitutes an individual
and distinct act of infringement.
COUNT VII
(Copyright Infringement of "Make Some Noise" Recording)
38. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1-19 above
29503/015/1497183.2
with the same force and effect as if set forth fully herein.
39. Monster's unauthorized reproduction of, preparation of a derivative work based
upon, distribution to the public of andpublic performance of Capitol's copyrighted sound
recording "Make Some Noise" in the Video infringes Capitol's exclusive rights under the
Copyright Act, 17 U.S.C. 106.
40. Eachunauthorized reproduction, derivative work, distribution to the public and
public performance of Capitol's copyrighted sound recording constitutes an individual and
distinct act of infringement.
COUNT VIII
(Copyright Infringement of "Make Some Noise" Composition)
41. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1-19 above
with the same force and effect as if set forth fully herein.
42. Monster's unauthorized reproduction of, preparation of a derivative work based
upon, distribution to the public of and public performance of Universal's copyrighted musical
composition"Make Some Noise" in the Video infringes Universal's exclusive rights under the
Copyright Act, 17 U.S.C. 106.
43. Each unauthorized reproduction, derivative work, distribution to the public and
public performance of Universal's copyrighted musical composition constitutes an individual
and distinct act of infringement.
COUNT IX
(Copyright Infringement of "Pass the Mic" Recording)
44. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1-19 above
with the same force and effect as if set forth fully herein.
45. Monster's unauthorized reproduction of, preparation of a derivative work based
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29503/015/1497183.2
upon, distribution to the public of and publicperformance of Capitol's copyrighted sound
recording "Passthe Mic" in the Video infringes Capitol's exclusive rights under the Copyright
Act, 17 U.S.C. 106.
46. Eachunauthorized reproduction, derivative work, distribution to the public and
public performance of Capitol's copyrighted sound recording constitutes an individual and
distinct act of infringement.
COUNT X
(Copyright Infringement of "Pass the Mic" Composition)
47. Plaintiffs repeat and reallege the allegations set forth in paragraphs 1-19 above
with the same force and effect as if set forth fully herein.
48. Monster's unauthorized reproduction of, preparation of a derivative work based
upon, distribution to the public of and public performance of Universal's copyrighted musical
composition "Pass the Mic" in the Video infringes Universal's exclusive rights under the
Copyright Act, 17 U.S.C. 106.
49. Each unauthorized reproduction, derivative work, distribution to the public and
public performance of Universal's copyrighted sound recording constitutes an individual and
distinct act of infringement.
WHEREFORE, Plaintiffs respectfully request that this Court enter judgment in their
favor and against Defendant as follows:
A. For a permanent injunction enjoining Monster and its agents, servants, employees,
officers, directors, attorneys, successors, assigns, licensees and all others in active concert or
participationwith any of them from any further reproduction, distribution, performance or
exploitation of the Video, the Beastie Boys Recordings or the Beastie Boys Compositions.
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29503/015/1497183.2
B. For an award of statutory damages in the total amount of one million two hundred
thousand dollars ($1,200,000) representing $120,000 per infringement for each of the Beastie
Boy Recordings and each of the Beastie Boys Compositions or such other amount of statutory
damages that Plaintiffs may seek, or at Plaintiffs' election, actual damages suffered by Plaintiffs
and all profits earned by Defendants from each of the foregoing infringements as permitted under
the Copyright Act, in an amount to be determined at trial.
C. For prejudgment and post-judgment interest.
D. For an order awarding Plaintiffs' attorneys' fees, together with the costs and
disbursements of this action.
E. For such other and further relief as the Court may deem just and proper.
Dated: New York, New York
September 23, 2014
29503/015/1497183.2
COWAN, LIEBOWITZ & LATMAN, P.CV
By
Richard S. Mandel
1133 Avenue of the Americas
New York, New York 10036-6799
(212)790-9200
Attorneys for Plaintiff
Capitol Records, LLC and Universal-Polygram
International Publishing, Inc.
10-
General Information
Court United States District Court for the Southern District of New
York; United States District Court for the Southern District of
New York
Nature of Suit Property Rights - Copyrights[820]
Docket Number 1:14-cv-07718
Capitol Records, LLC et al v. Monster Energy Company, Docket No. 1:14-cv-07718 (S.D.N.Y. Sept 24, 2014), Court Docket
2014 The Bureau of National Affairs, Inc. All Rights Reserved. Terms of Service
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