Case 2:11-cv-06811-PD Document 1 Filed 10/28/11 Page 1 of 102 FFFRRRAAANNNCCCIIISSS AAALLLEEEXXXAAANNNDDDEEERRR,,, LLLLLLCCC Francis Malofiy, Esquire Attorney ID No.: 208494 The Beasley Building 1125 Walnut Street Philadelphia, PA 19107 T: (215) 500-1000 F: (215) 500-1005 E:
[email protected] Law Firm / Attorney for Plaintiff IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA DANIEL V. MARINO NO.: Plaintiff VS. JURY TRIAL DEMANDED USHER; etal Defendants PLAINTIFF’S COMPLAINT MUSIC COPYRIGHT INFRINGEMENT & RELATED CLAIMS Plaintiff Daniel V. Marino, by and through counsel, Francis Alexander, LLC, brings this suit against Defendants and avers as follows: PREAMBLE 1. In March 2004 superstar Usher released Confessions, his fourth studio album.1 2. The album was an instant commercial success in the United States, selling 1.1 million copies in its first week. The album has sold over 10 million copies in the US and has been certified diamond in sales by the Recording Industry Association of America (RIAA). 1 See attached (2) Confessions album releases copies of the CD case; Exhibit “G”. 1 of 79 Case 2:11-cv-06811-PD Document 1 Filed 10/28/11 Page 2 of 102 According to Billboard, it is the second best-selling album of the 2000s decade in the US and has been regarded by music writers as Usher's greatest work. 3. The Confessions album was the coming together of the best musicians, artists, producers, and executives from the music industry to collaborate on the album including: Antonio "LA" Reid, Jermaine Dupri, Lil Jon, Rich Harrison, James Samuel “Jimmy Jam” Harris III and Terry Lewis, Robin Thicke, Bryan-Michael Cox, Just Blaze, Dre & Vidal, Bobby Ross Avila, Issiah Avila, James "Big Jim" Wright, R.