JUDGE TORRES
JS 44C/SDNY CIVIL COVEU CV ^504 REV. 7/2012 TheJS-44civil cover sheetandtheinformation contained herein neither replace nor supplement thefiling andservice of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference ofthe United Statesin September 1974, Isrequired for useoftheClerk ofCourt for thepurpose of Initiating the civildocket sheet.
PLAINTIFFS DEFENDANTS KANYE WEST and MASCOTTE HOLDINGS, INC. 0DAYCOINS.COM, COINYE-EXCHANGE.COM, NEWCHG.COM, AMAZON.COM, INC., JAblE-DOES 1 through 50,JOHN DOES 1through 50, FNU LNU a/k/a .ION|IY BRAVO and DOGECOIN ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER ATTORNEYS (IF KNQ.yW Brad D. Rose, Dyan Finguerra-DuCharme, Madelon Gauthier, Ryan Klarberg, PryorCashman LLP, 7 Times Square, NewYork, NewYork 10036 - Telephone: (212) 421-4100 CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE) (DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY) Lanham Act Unfair Comp., 15 U.S.C. § 1125(a); Cybersquatting, 15 U.S.C. § 1125(d)
Has this or a similar case been previously filed in SDNY atany time? No [X Yes 7J Judge Previously Assigned
Ifyes, was this case Vol. n Invol. n Dismissed NoD Yes • If yes,qive date & Case No.
IS THIS AN INTERNATIONAL ARBITRATIONCASE? NO M Yes • (PLACE AN[x] IN ONEBOXONLY) NATURE OF SUIT
ACTIONS UNDER STATUTES TORTS
BANKRUPTCY OTHER STATUTES CONTRACT PERSONAL INJURY PERSONAL INJURY FORFEITURE/PENALTY [ J422 APPEAL [ I 400 STATE [1110 INSURANCE [ ] 310 AIRPLANE [ ] 362 PERSONAL INJURY - [1610 AGRICULTURE ' 28 USC 158 REAPPORTIONMENT []120 MARINE [ J315 AIRPLANE PRODUCT MED MALPRACTICE [ ]620 OTHER FOODS [ ]423 WITHDRAWAL 1)410 ANTITRUST 11130 MILLER ACT LIABILITY [ ] 365 PERSONAL INJURY DRUG 28 USC 157 1)430 BANKS & BANKING [1140 NEGOTIABLE [ ]320 ASSAULT, LIBEL & PRODUCT LIABILITY 11625 DRUG RELATED 1 1450 INSTRUMENT SLANDER []368 ASBESTOS PERSONAL SEIZURE OF [ M60 DEPORTATION 11150 RECOVERY OF [ J 330 FEDERAL INJURY PRODUCT PROPERTY [1470 RACKETEER INFLU OVERPAYMENT & EMPLOYERS' LIABILITY 21 USC 881 PROPERTY RIGHTS ENCED & CORRUPT ENFORCEMENT LIABILITY [ ]630 LIQUOR LAWS [ ]820 COPYRIGHTS ORGANIZATION ACT OF JUDGMENT I I 340 MARINE PERSONAL PROPERTY [ ]640 RR & TRUCK [ ]830 PATENT (RICO) []151 MEDICARE ACT [ J 345 MARINE PRODUCT [ 1650 AIRLINE REGS XI 840 TRADEMARK 1 1480 CONSUMER CREDIT 11152 RECOVERY OF LIABILITY [ ] 370 OTHER FRAUD [ ]660 OCCUPATIONAL [ J490 CABLE/SATELLITE TV DEFAULTED [ J 350 MOTOR VEHICLE [ ] 371 TRUTH IN LENDING SAFETY/HEALTH 11810 SELECTIVE SERVICE STUDENT LOANS [ ]355 MOTOR VEHICLE [ ] 380 OTHER PERSONAL [ ]690 OTHER [ J 850 SECURITIES/ (EXCL VETERANS) PRODUCT LIABILITY PROPERTY DAMAGE SOCIAL SECURITY [ I 153 RECOVERY OF [ J 360 OTHER PERSONAL [ ]385 PROPERTY DAMAGE OVERPAYMENT INJURY PRODUCT LIABILITY LABOR [ ] 861 HIA(1395ft) [ ) 862 BLACKLUNG (923) [I 875 CUSTOMER [ ]863 DIWC/DIWW (405(g)) CHALLENGE BENEFITS 1 1710 FAIR LABOR 12 USC 3410 []160 STOCKHOLDERS STANDARDS ACT [ ]864 SSID TITLE XVI (, xy -J<]890 OTHER STATUTORY SUITS [ J720 LABOR/MGMT [ J865 RSI (405(g)) M ACTIONS [J190 PRISONER PETITIONS RELATIONS [ 1730 LABOR/MGMT 11891 AGRICULTURAL ACTS FEDERAL TAX SUITS [ ] 892 ECONOMIC 1)195 CONTRACT [ ]510 MOTIONS TO REPORTING & STABILIZATION ACT PRODUCT ACTIONS UNDER STATUTES VACATE SENTENCE DISCLOSURE ACT [ J893 ENVIRONMENTAL LIABILITY 20 USC 2255 [1740 RAILWAY LABORACT [ ]870 TAXES (U.S. Plaintiffor Defendant) MATTERS [ 1 196 FRANCHISE CIVIL RIGHTS [ ] 530 HABEAS CORPUS [1790 OTHER LABOR [ ] 535 DEATHPENALTY LITIGATION [ ] 871 IRS-THIRD PARTY [I 894 ENERGY ALLOCATION ACT [1441 VOTING [ J540 MANDAMUS&OTHER [1791 EMPL RET INC 26 USC 7609 [ ] 895 FREEDOM OF []442 EMPLOYMENT SECURITY ACT INFORMATION ACT i REAL PROPERTY [ I 443 HOUSING/ APPEAL OF FEE ACCOMMODATIONS IMMIGRATION [ ]900 DETERMINATION LAND [ J444 WELFARE PRISONER CIVIL RIGHTS j 11210 UNDER EQUAL CONDEMNATION [) 445 AMERICANS WITH [I 462 NATURALIZATION J []220 FORECLOSURE DISABILITIES - [ ] 550 CIVIL RIGHTS APPLICATION [ I 950 CONSTITUTIONALITY J [ I 230 RENT LEASE & EMPLOYMENT [ ] 555 PRISON CONDITION [1463 HABEAS CORPUS- OF STATE STATUTES EJECTMENT [ ]446 AMERICANS WITH ALIEN DETAINEE ;[I 240 TORTS TO LAND DISABILITIES -OTHER 11485 OTHER IMMIGRATION [) 245 TORT PRODUCT [ J 440 OTHER CIVIL RIGHTS ACTIONS LIABILITY (Non-Prisoner) [J290 ALL OTHER REAL PROPERTY
Check if demanded in complaint:
CHECK IF THIS IS A CLASS ACTION DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING INS.D.N.Y.? UNDER F.R.C.P. 23 IF SO, STATE:
DEMAND $_ OTHER JUDGE DOCKET NUMBER_
Check YES only ifdemanded in complaint JURY DEMAND: S YES • NO NOTE: Please submit at the time of filing an explanation of whycases are deemed related. (PLACE AN x IN ONE BOX ONLY) ORIGIN a n, ,, r—i „ n-3„ JJl_l4 Reinstated or L~] 5 Transferred from • 6 Multidistrict [] 7 Appeal toDistrict 1 Original • 2 Removed from U 3 Remanded ^ H*™f°Reopened or ^ (SpecifytMhiMMlDistrict) LitiaationLitigation Judge from Proceeding state court from Magistrate Judge I | 3. all parties represented Appellate Judgment Court | | b. At leastone party Is pro se. (PLACE AN x IN ONE BOX ONLY) BASIS OF JURISDICTION IF DIVERSITY, INDICATE ["I 1 US PLAINTIFF • 2 U.S. DEFENDANT M 3 FEDERAL QUESTION D4 DIVERSITY CITIZENSHIP BELOW. (U.S. NOTA PARTY) (28 USC 1332,1441) CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY) (Place an[X] in one box for Plaintiff and one box for Defendant) PTF DEF PTF DEF PTF DEF [13 [13 INCORPORATED andPRINCIPAL PLACE [ ]5 [ ]5 CITIZENOF THIS STATE [ ] 1 [ ] 1 CITIZEN OR SUBJECT OF A FOREIGN COUNTRY OF BUSINESS IN ANOTHER STATE FOREIGN NATION []6 []6 CITIZEN OF ANOTHER STATE [ ] 2 [ ] 2 INCORPORATED or PRINCIPAL PLACE [ ] 4 [ ] 4 OF BUSINESS IN THIS STATE
PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES) KanyeWest ,„««.,« Mascotte Holdings, Inc., 1755 Broadway, 3rd Floor, New York, New York 10019
DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES) Amazon.com, Inc. Corporation Service Company - Attn: Legal Department 300 Deschutes Way SW, Suite 304 Tumwater, WA 98501
DEreTOKENTATON S^^^THAT. AT THIS TIME, IHAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN THE RESIDENCE ADDRESSES OFTHEFOLLOWING DEFENDANTS: 0DAYCOINS.COM, COINYE-EXCHANGE.COM, NEWCHG.COM, JANE DOES 1through 50, JOHN DOES 1 through 50, FNU LNU a/k/a JONNY BRAVO, and DOGECOIN
Check one- THIS ACTION SHOULD BE ASSIGNED TO: • WHITE PLAINS g] MANHATTAN (DO NOT check either box if this aPRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.)
DATE 1/13/2014 SIGNATURE OF ATTORNEY OF RECORD ADMITTED TO PRACTICE INTHIS DISTRICT [ 1 NO [X] YES (DATE ADMITTED Mo. 2 Yr. 1986 ) Attorney Bar Code # 2037596 RECEIPT #
Magistrate Judge isto be designated by the Clerk ofthe •n
Magistrate Judge . is so Designated.
RubyJ. Krajick, Clerk of Court by. Deputy Clerk, DATED.
UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN) JUDGrurr Tj
Brad D. Rose (BR-2740) * •*• JC Dyan Finguerra-DuCharme (DF-9228) 9 * a Madelon A. Gauthier (MG-4687) Ryan S. Klarberg (RK-4719) Pryor Cashman LLP 7 Times Square New York, New York 10036 Attorneysfor Plaintiffs Kanye West and Mascotte HoldingSj.,Inc.
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK
KANYE WEST and MASCOTTE HOLDINGS, INC.,
Plaintiffs, Civil Action No. - against - COMPLAINT 0DAYCOINS.COM, COINYE-EXCHANGE.COM, CO NEWCHG.COM, AMAZON.COM, INC., JANE DOES DEMAND FOR JJUR^ 1 through 50, JOHN DOES 1 through 50, FNU LNU TRIAL p a? Zn-r. a/k/a JONNY BRAVO, and DOGECOIN,
Defendants. z Sr — VXD —* Plaintiffs Kanye West and Mascotte Holdings, Inc. (collectively, "Mr. West" or "Plaintiffs"), by their attorneys Pryor Cashman LLP, allege as follows against Defendants 0daycoins.com, Newchg.com, Coinye-exchange.com, Amazon.com, Inc., Jane Does 1 through 50 (the "Contributory Defendants"), John Does 1 through 50 (the "Defendants"), FNU LNU a/k/a Jonny Bravo and Dogecoin: NATURE OF ACTION 1. This is an action for willful trademark infringement, unfair competition, dilution and right of publicity violations, among a score of other blatant statutory and common law violations. Defendants have willfully and admittedly traded upon the goodwill and notoriety of Kanye West, one of the most famous entertainers and brand names in the world. Without 1291304 vl5 10859.00017 hesitation, Defendants have usurped Mr. West's name and likeness for the sole purpose of propping up the perceived "value" of the Defendants' "digital coin mine" and its "cryptocurrency."' In interviews with the press, Defendants brazenly admit that they adopted the marks COINYE WEST, COINYE and COYE to directly associate their newly minted cryptocurrency with Mr. West. For example, Defendants have publicly stated that: (i) they "chose to represent Kanye because he is and always has been a trendsetter, and he's always keeping things unique;" and (ii) they were "really not sure how Kanye [was] gonna react." Moreover, Defendants cowardly remained anonymous because "[Kanye West] really isn't someone we want to piss off and that they would "love if Kanye named dropped 'Coinye' . . . We don't want to pay him off to name check us, but it'd be sick if he does so." Defendants also boldly asserted that "Anarcho-capitalism is coming, it can't be stopped. Whether it has a symbol that looks like a dollar, a dog, or a cartoon picture of a rapper, it's all the same thing." True and correct copies of online articles quoting Defendants are attached hereto as Exhibit A. On January 7, 2014, Defendants had an initial public offering of a "block" of cryptocurrency called, interchangeably, COINYE WEST, COINYE and COYE on their website located at cryptocurrency, they deliberately chose to trade upon the goodwill associated with Mr. West by adopting names that are admitted plays on his name. Mr. West has been inextricably tied to Defendants' cryptocurrency, as practically every online article and blog post about the COINYE WEST currency mentions Mr. West and/or displays a photograph ofMr. West. 1"Cryptocurrency" or"bitcoins" isa digitized monetary exchange not tied to a specific country orcentralized bank. The value is determined by supply and demand - it only has value ifconsumers "mine" the currency and exchanges trade it. 1291304 vl5 10859.00017 2 With each day that passes, Mr. West's reputation is irreparably harmed by the continued use of the COINYE WEST, COINYE and/or COYE marks in connection with Defendants' goods and services. Defendants have admittedly and willfully infringed upon the KANYE WEST mark and consumers are likely to mistakenly believe that Mr. West is the source of these digital coins. In fact, consumers are actually confused and mistakenly believe that Mr. West has launched the COINYE WEST cryptocurrency as reflected in dozens oftweets posted on Twitter: Samantha Grossman @sam_grossman 2 Jan: Forget Bitcoin, because Kanye West now has a cryptocurrency and obviously it's called Coinye West Romesh Dodangoda @longwaveromesh 2 Jan: Kanye West now has a currency! Christopher Hudson @chrishudsonjr 2 Jan: Move over UBitcoin, (fbhanyewest now has his own cryptocurrency called (S),CoinveWest Andrew Harris @amharris26 2 Jan: Interest rates are at an all-time low. RT (cbpbwax Kanye West has his own cryptocurrency and it's called Coinye West Chase Graves @everettchase 2 Jan: Move over bitcoin, (cbkanyewest is about to create the greatest digital currency ofall time. Introducing: (jcbCoinyeWest. Mathew Ingram @mathewi 2 Jan: shark = jumpedMT(cbjcschweitz: (a>KanyeWest now has his own cryptocurrency, and it's called Coinye West Candace Jackson @candaceJackson 2 Jan: Kanye Westis getting his money right, launching his own bitcoin- inspired cryptocurrency. It's called Coinye West Eric Andersen @eric_andersen 2 Jan: Srsly? (cDJtanvewest creates his own cryptocurrency, names it Coinye West, on Twitter at (a),CoinyeWest Ashley Codianni @AshleyCodianni 2 Jan: Forget #Bitcoin, lemme get some Coinye West—> Kanye West now has his own cryptocurrency 1291304 vl5 10859.00017 Joshua Topolsky @joshuatopolsky 2 Jan: Kanye WestBitcoin clone to launch soon. Coinye West! Pat McKlindon @PatMcPSU 2 Jan: Speaking of "coining" and wordplay. Kanye Westjust made his own version ofBitCoin and named it "Coinye West" Noah Hirsch @noahsh2 2 Jan: Is Kanye serious? He's staring his own online currency like bit-coin. It's called Coinye-West Marxs @marxsismo 2 Jan: Kanye Westgets his own digital currency, and it's called Coinye West// Bigger than Yeezus Francisco Dao @TheMan 2 Jan: Bitcoin is FINISHED!!! - Kanye Westnow has his own cryptocurrency and it's called Coinye West West Coast Sound @LAWeeklyMusic 2 Jan: All about the new Kanye Westcurrency, which is like Bitcoin but called CoinYe Gavin Millard @gmillard 2 Jan: Kanye WestNow Has His Own Cryptocurrency and It's Called Coinye West. WTF. BBC Radio lXtra @lXtra 5 Jan: Oh Yeezus. Not even kidding you (a)J(anvewest is going to have his own CURRENCY, the "Coinye West" Simon Kratschmer @Bimon 6 Jan: The cryptocoin to end them all: "Coiny West" - the Kayne West Coin These are just a sampling of the tweets and evidence of actual confusion to date. See infra at If 55 (additional tweets evidencing actual confusion). Accordingly, for the reasons set forth herein, the Defendants must be held accountable for these egregious, willful and wanton activities. PARTIES 2. PlaintiffKanye West is a citizen and resident ofthe State ofNew York. 1291304 vl5 10859.00017 3. Plaintiff Mascotte Holdings, Inc. is a California corporation with its principal place ofbusiness in New York, New York. 4. Defendant 0daycoins.com operates a digital currency exchange located at <0daycoins.com> and is engaged in commerce in the United States including within this judicial district. There is no contact information provided on the Odaycoins.com shields its contact information by using a privacy service provided by the registrar. Plaintiffs believe that information obtained in discovery will lead to the identification of contact information for Defendant Odaycoins.com. 5. Upon information and belief, Defendant Coinye-exchange.com operates a digital currency exchange located at States including within this judicial district. There is no contact information provided on the Defendant Coinye-exchange.com. 6. Defendant Newchg.com operates a digital currency exchange located at 1291304 vl5 10859.00017 7. Defendant Amazon.com, Inc. is a Delaware corporation with its principal place of business in Seattle, Washington. Amazon.com, Inc. does business in this district through its day- to-day operations and through its highly-interactive website. 8. The true names and identifies of Defendants Jane Does 1-50 ("Jane Does Defendants") are unknown to Plaintiffs. The Jane Does Defendants include, but are not limited to: servers, web host companies, cryptocurrency exchanges, cryptocurrency "mining" service providers, cryptocurrency payment processors, vendors of cryptocurrency, operators of cryptocurrency "wallets", retailers accepting and/or facilitating the exchange of cryptocurrency, marketers promoting cryptocurrency, operators of cryptocurrency ledgers, "miners" of cryptocurrency, their respective web hosts, registrars and servers and each of their heirs, executors, administrators, successors, licensees, assigns, subsidiaries, parents, affiliates, divisions, co-venturers, partners, officers, directors, employees, agents, shareholders, managers, business managers, accountants, attorneys, representatives, consultants and any and all other persons, corporations or other entities acting under the supervision, direction, control or on behalf of any ofthe foregoing who make use ofthe COINYE WEST, COINYE and/or COYE marks. 9. Upon information and belief, Defendant FNU LNU a/k/a Jonny Bravo ("Bravo") is a programmer for the engaged in commerce in the United States including within this judicial district. The only contact information provided on the [email protected]. Bravo shields his contact information by using a privacy service provided by the registrar. Plaintiffs believe that information obtained in discovery will lead to the identification ofcontact information for Bravo. 1291304 vl5 10859.00017 10. Upon information and belief, Defendant Dogecoin ("Dogecoin") is the operator, registrant and/or host of the following websites: Dogecoin shields its contact information by using a privacy service provided by the registrar. The only contact information provided from the Whois report is: [email protected]. Plaintiffs believe that information obtained in discovery will lead to the identification of contact information for Dogecoin. 11. The true names and identities ofDefendants named herein as John Does 1 through 50 are unknown to Plaintiffs. Upon information and belief, Defendants operate Internet websites located at commerce in the United States including within this judicial district. The only contact information provided on the websites are the following email addresses: [email protected]; [email protected]; and [email protected]. Defendants also shield their contact information by using a privacy service through the registrars. Plaintiffs believe that information obtained in discovery will lead to the identification of each Defendant's true names and will permit Plaintiffs to amend this Complaint to state the same. 1291304 vl5 10859.00017 JURISDICTION AND VENUE 12. Jurisdiction is proper in this Court pursuant to 15 U.S.C. § 1121 and 28 U.S.C. §§ 1125, 1332, 1338(a) and 1367, because the action involves claims arising under the Lanham Act and related state law claims. 13. This Court has personal jurisdiction over Defendants and Contributory Defendants because they are doing business in New York, the claims at issue arise out of their transaction of business and/or supplying goods and services directed to consumers residing in New York. These activities fall within the long-arm statute of the State of New York, CPLR § 302(a)(1). 14. Venue is proper in this District pursuant to 28 U.S.C. § 1391 because all Defendants and Contributory Defendants are subject to personal jurisdiction in this District because they are transacting business and committing tortious acts within the State ofNew York and this District. FACTS GIVING RISE TO THIS ACTION A. Plaintiff Kanye West's Fame and Success 15. Mr. West is an internationally renowned musical artist, performer, media company owner, inventor, songwriter, producer, film director and fashion designer. Mr. West first rose to fame as a producer for Roc-A-Fella Records, where he achieved recognition in 2001 for his work on Jay-Z's album The Blueprint, as well as on hit singles for musical artists including Alicia Keys, Ludacris and Janet Jackson. To date, Mr. West has released seven full- length studio albums, and has sold over 30 million digital songs in the United States, making him one ofthe best-selling digital artists ofall-time. 1291304 vl5 10859.00017