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1 KENECHI R. AGU, SBN 279846 2 [email protected] LAW OFFICES OF KENECHI R. AGU 3 3655 TORRANCE BLVD., SUITE 300 4 TORRANCE, CA 90503 (310) 431-9875 (tel) 5 (855) 372-5792 (fax) 6
7 Attorneys for Plaintiffs Everette Silas and Sherri Littleton 8 9
10 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA 11 WESTERN DIVISION 12 EVERETTE SILAS, an individual; and ) Case No. 2:15-cv-9732 13 SHERRI LITTLETON, an individual, ) 14 ) COMPLAINT FOR DAMAGES Plaintiffs, ) 15 AND INJUNCTIVE RELIEF ) 16 vs. ) DEMAND FOR JURY TRIAL 17 ) HOME BOX OFFICE, INC., a ) 18 Delaware Corporation; STEPHEN ) 19 LEVINSON, an individual; MARK ) WAHLBERG, an individual; ) 20 DWAYNE JOHNSON, an individual; 7 ) 21 BUCKS ENTERTAINMENT,Deadline.com INC. ) 22 , a Florida Corporation; LEVERAGE ) MANAGEMENT, INC., a California ) 23 Corporation; and DOES 1-10, inclusive, ) 24 ) Defendants. ) 25 ______) 26
27 JURISDICTION AND VENUE 28
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1 1. This is an action for copyright infringement arising under the - Cop. 2 This Court has jurisdiction of this action under 28 U.S.C. §§ 1331, 1338(a) and 3 1338(b), and under its supplemental jurisdiction. 4 2. Venue is proper in this district under 28 U.S.C. §§ 1391 and 1400(a) 5 as a substantial part of the events or omissions giving rise to the claim occurred, 6 and the defendants and/or their agents reside or may be found, in this judicial 7 district. 8
9 PARTIES 10 3. Plaintiff EVERETTE SILAS (hereinafter referred to as “SILAS”, 11 “PLAINTIFF”, or “PLAINTIFFS”) is an individual resident of Palmdale, 12 California, who co-created an original motion picture trailer (the “Trailer”), 13 screenplay (the “Screenplay”), and treatment (the “Treatment”), all entitled, “Off 14 Season”. 15 4. Plaintiff SHERRI LITTLETON (hereinafter referred to as 16 “LITTLETON”, “PLAINTIFF”, or “PLAINTIFFS”) is an individual resident of 17 Palmdale, California, who co-created an original motion picture trailer (the 18 “Trailer”), screenplay (the “Screenplay”), and treatment (the “Treatment”), all 19 entitled, “Off Season”. 20 5. PLAINTIFFS are informed and believe, and on that basis allege, that 21 Defendant HOME BOXDeadline.com OFFICE, INC. (hereinafter referred to as “HBO” or 22 “DEFENDANT” or “DEFENDANTS”) is a corporation existing under the laws of 23 Delaware, maintaining its principal place of business at 2500 Broadway, Suite 400, 24 Santa Monica, CA 90404. PLAINTIFFS are informed and believe, and on that 25 basis alleges, HBO is qualified to do business, and is doing business, in the State of 26 California, County of Los Angeles, and is active according to the California 27 Secretary of State. HBO maintains its agent for service of process in Los Angeles, 28 California. According to the Internet Movie Database (“IMDB”), HBO is a
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1 distributor of the television series “Ballers” (the “Series”) that airs on HBO, and is 2 available digitally for purchase from HboNow.com, inter alia. 3 6. PLAINTIFFS are informed and believe, and on that basis allege, that 4 Defendant STEPHEN LEVINSON (hereinafter referred to as “LEVINSON” or 5 “DEFENDANT” or “DEFENDANTS”) is an individual residing in Los Angeles 6 County, California. PLAINTIFFS are further informed and believes, and on that 7 basis alleges, that LEVINSON, is a director, writer, and producer with numerous 8 film and television credits, and, according to IMDB, is the Creator of the Series. 9 7. PLAINTIFFS are informed and believe, and on that basis allege, that 10 Defendant MARK WAHLBERG (hereinafter referred to as “WAHLBERG” or 11 “DEFENDANT” or “DEFENDANTS”) is an individual residing in Los Angeles 12 County, California. PLAINTIFFS are further informed and believe, and on that 13 basis alleges, that WAHLBERG, is an actor, director, writer, and producer with 14 numerous film and television credits, and, according to IMDB, is the Executive 15 Producer of the Series. PLAINTIFFS are further informed and believe, and on that 16 basis allege, that WAHLBERG is doing business in California under the fictitious 17 business name “CLOSEST TO THE HOLE PRODUCTIONS”. According to 18 IMDB, “CLOSEST TO THE HOLE PRODUCTIONS” is a producer of the Series. 19 8. PLAINTIFFS are informed and believe, and on that basis allege, that 20 Defendant DWAYNE JOHNSON (hereinafter referred to as “JOHNSON” or 21 “DEFENDANT” or Deadline.com “DEFENDANTS”) is an individual residing in Southwest 22 Ranches, Florida. PLAINTIFFS are further informed and believe, and on that 23 basis allege, that JOHNSON, is an actor, director, writer, and producer with 24 numerous film and television credits, and, according to IMDB, is the Executive 25 Producer and Cast Member of the Series. 26 9. PLAINTIFFS are informed and believe, and on that basis allege, that 27 Defendant 7 BUCKS ENTERTAINMENT, INC. (hereinafter referred to as “7 28 BUCKS” or “DEFENDANT” or “DEFENDANTS”) is a corporation existing
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1 under the laws of Florida, maintaining its principal place of business at 9100 2 Wilshire Blvd., Suite 1000 West, Beverly Hills, CA 90212. PLAINTIFFS are 3 informed and believe, an on that basis allege, 7 BUCKS is qualified to do business, 4 and is doing business, in the State of California, County of Los Angeles, and is 5 active according to the California Secretary of State. 7 BUCKS maintains its agent 6 for service of process in Los Angeles, California. According to IMDB, 7 BUCKS 7 is a production company on the Series. PLAINTIFFS are informed and believe, an 8 on that basis allege, 7 BUCKS is owned and controlled by JOHNSON and was 9 given a copy of the Materials by JOHNSON. 10 10. PLAINTIFFS are informed and believe, and on that basis allege, that 11 Defendant LEVERAGE MANAGEMENT, INC. (hereinafter referred to as 12 “LEVERAGE” or “DEFENDANT” or “DEFENDANTS”) is a corporation existing 13 under the laws of California, maintaining its principal place of business at 3030 14 Pennsylvania Ave, Santa Monica, CA 90404. PLAINTIFFS are informed and 15 believe, an on that basis allege, LEVERAGE is qualified to do business, and is 16 doing business, in the State of California, County of Los Angeles, and is active 17 according to the California Secretary of State. LEVERAGE maintains its agent for 18 service of process in Los Angeles, California. According to IMDB, LEVERAGE 19 is a production company on the Series. PLAINTIFFS are informed and believe, an 20 on that basis allege, LEVERAGE is owned and controlled by LEVINSON and was 21 given a copy of the MaterialsDeadline.com by LEVINSON. 22 11. PLAINTIFFS are informed and believe and thereon allege that at all 23 times mentioned in this Complaint, each DEFENDANT was the agent, servant, 24 employee, partner, successor, assignee, joint venturer and/or franchisee of each of 25 the remaining DEFENDANTS herein, and was at all times acting within the course 26 and scope of said agency, service, employment, partnership, joint venture and/or 27 franchise. Moreover, PLAINTIFFS are informed and believe, and based thereon 28 allege, that each act and omission hereinafter alleged on the part of any one
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1 DEFENDANT was done with the approval and consent and was ratified by each of 2 the remaining DEFENDANTS. 3 12. PLAINTIFFS are further informed and believe and thereon allege that 4 at all relevant times mentioned in this Complaint, each DEFENDANT may be held 5 liable for the infringing acts committed by another to the extent that each 6 DEFENDANT had the right and ability to control the infringing activities alleged 7 herein and had a direct financial interest in such activities, regardless of whether 8 each said DEFENDANT had intent or knowledge of the infringement alleged 9 herein. Furthermore, PLAINTIFFS are informed and believe and thereon allege 10 that at all relevant times mentioned in this Complaint each DEFENDANT who 11 knowingly induced, caused or materially contributed to the infringement alleged 12 herein, by another DEFENDANT herein but who may not have committed or 13 participated in the infringing acts him or herself, may be held liable as a 14 contributory infringer as each such DEFENDANT had knowledge, or reason to 15 know, of the infringement. 16
17 GENERAL ALLEGATIONS 18 13. PLAINTIFFS SILAS and LITTLETON are the owners and copyright 19 proprietors of an original motion picture trailer (the “Trailer”), screenplay (the 20 “Screenplay”), and treatment (the “Treatment”), all entitled, “Off Season”. Each 21 of the Trailer, Screenplay,Deadline.com and the Treatment (collectively the “Materials”) are 22 PLAINTIFFS’ original work and were both written and created by them. The 23 Materials have all been submitted for copyright registration with the United States 24 Copyright Office, with the Trailer identified by the Copyright Office under 25 application #s 1-2770024488 and 1-2792588251, the Screenplay identified by the 26 Copyright Office under application # 1-2766903861, and the Treatment identified 27 by the Copyright Office under application # 1-2770024442. (A true and correct 28 copy of the receipts for application for copyright registration for the Materials are
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1 attached hereto and incorporated by reference herein as Exhibit “1”). 2 PLAINTIFFS reserve the right to amend this Complaint upon their receipt of 3 registrations for the any of the Materials from the U.S. Copyright Office. 4 14. In or around May 2007, PLAINTIFFS shared the Materials with Steve 5 Mayer (hereinafter “MEYER”), who sat on the executive board of IMG 6 Productions, a sports programming company. MEYER then shared the Materials 7 with Chris Albrecht (hereinafter “ALBRECHT”), who was his fellow board 8 member at IMG Productions at the time. Also, at the time MEYER shared the 9 Materials with ALBRECHT, ALBRECHT was the acting Chief Executive Officer 10 for Defendant HBO. Therefore, PLAINTIFFS are informed and believe, and 11 thereon allege that HBO had direct access to the Materials since its CEO was given 12 a copy of the Materials. 13 15. In or around May 2008, PLAINTIFFS, through a mutual friend, was 14 introduced to Richard Brustein (hereinafter “BRUSTEIN”) with the hopes of 15 promoting their Materials and getting BRUSTEIN to finance and/or develop a 16 motion picture based on their Materials. Shortly after the introduction, 17 PLAINTIFFS met with BRUSTEIN in person to pitch their Materials and discuss 18 the possibility of jointly developing a motion picture adaptation of the Materials. 19 The meeting went well and BRUSTEIN liked what he heard and saw. One day 20 after the meeting, BRUSTEIN requested and, as a result, PLAINTIFFS’ sent a 21 physical copy of the MaterialsDeadline.com to BRUSTEIN. 22 16. During the time that PLAINTIFFS were in discussions with 23 BRUSTEIN, BRUSTEIN was sharing office space with Mayhem Pictures, Inc. 24 (hereinafter “MAYHEM”). At the time, MAYHEM was owned and operated by 25 producers Mark Ciardi (hereinafter “CIARDI”) and Gordon Gray (hereinafter 26 “GRAY”). CIARDI and GRAY specialize in producing sports related motion 27 pictures such as “The Game Plan” (2007), which starred Defendant JOHNSON, 28 and “Invincible” (2006), which starred Defendant WAHLBERG.
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1 17. In or around September 2008, after numerous discussions with 2 PLAINTIFFS, BRUSTEIN, because of CIARDI’s and GORDON’s experience of 3 producing sports themed motion pictures, sought to bring CIARDI and GRAY into 4 the his potential production and development deal, based on the Materials, with 5 PLAINTIFFS. To effectuate this, BRUSTEIN shared the Materials with CIARDI 6 and GRAY. After having reviewed the Materials, GORDAN and GRAY 7 expressed an interest in developing and producing a motion picture based on the 8 Materials and wanted to arrange a meeting with PLAINTIFFS. 9 18. In or around November 2008, CIARDI invited PLAINTIFFS to come 10 and meet with him along with GRAY and BRUSTEIN at MAYHEM’s office in 11 Santa Monica, California. PLAINTIFFS attended the meeting and GRAY, 12 BRUSTEIN, and CIARDI were present. During the meeting, PLAINTIFFS 13 presented the Materials and everyone present took an interest. CIARDI informed 14 PLAINTIFFS that he and GRAY produced two football motion pictures, one being 15 “The Game Plan” (2007), which starred Defendant JOHNSON, and “Invincible” 16 (2006), which starred Defendant WAHLBERG. CIARDI also informed 17 PLAINTIFFS that he envisioned JOHNSON and WAHLBERG playing the lead 18 roles in “Off Season” and that, since he had a working relationship with them, he 19 would share the Materials with them to get their input. PLAINTIFFS believed that 20 both JOHNSON and WAHLBERG would be a great fit for “Off Season” and 21 agreed with CIARDI’sDeadline.com decision to bring them in. A few days after the meeting 22 PLAINTIFFS sent the Materials directly to CIARDI for further review. 23 19. PLAINTIFFS are informed and believe and thereon allege that 24 CIARDI and GRAY gave a copy of the Materials to JOHNSON and WALBERG, 25 after the November 2008 meeting, as they said they would. 26 20. PLAINTIFFS are further informed and believe and thereon allege that 27 WAHLBERG gave a copy of the Materials to LEVINSON, his manager. 28
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1 21. Additionally, PLAINTIFFS are informed and believe and thereon 2 allege that in or around December 2008, after WAHLBERG, JOHNSON, AND 3 LEVINSON confirmed their interest in producing and developing “Off Season, 4 CIARDI instructed MAYHEM’s attorney, to draft a “Producer Attachment 5 Agreement” for the possible development and production of “Off Season” (the 6 “Agreement”). 7 22. In January 2009, MAYHEM’s attorney drafted the Agreement and 8 sent it to PLAINTIFFS for review and signature. (A true and correct copy of the 9 Agreement is attached hereto and incorporated by reference herein as Exhibit “2”). 10 The agreement was between PLAINTIFFS and CIARDI, GRAY, BRUSTEIN, and 11 others. PLAINTIFFS refused to sign the Agreement because it came with a verbal 12 condition that required PLAINTIFFS to remove their names from the “Created By” 13 credits, which PLAINTIFFS were not willing to do. Negotiations between 14 CIARDI, GRAY, and BRUSTEIN ended shortly thereafter. 15 23. PLAINTIFFS are informed and believe, and thereon allege, a true 16 and correct visual representation on how the DEFENDANTS gained access to the 17 Materials is attached hereto and incorporated by reference herein as Exhibit “3”. 18 24. When the Materials were presented to the DEFENDANTS, they were 19 aware of the fact that the Materials were created by PLAINTIFFS and they 20 understood that if any element of the Materials were used by them, they must first 21 obtain the rights to theDeadline.com Materials in connection with appropriate compensation, and 22 in accordance with entertainment industry custom and practice. 23 25. PLAINTIFFS are informed and believe and on that basis allege, that 24 on or around June 21, 2015, the pilot series “Ballers” aired on HBO, with 25 JOHNSON starring in the lead role as “Spencer Strasmore” . A recent review of 26 the Internet Movie Database (“IMDB”) webpage for the series “Ballers” confirms 27 that Defendants LEVINSON, WALHBERG, and JOHNSON were accorded credit 28 as executive producers of “Ballers”, Defendant LEVINSON was accorded credit
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1 as the creator, and Defendants 7 BUCKS, LEVERAGE, and WALHBERG (d/b/a 2 CLOSEST TO THE HOLE PRODUCTIONS) were accorded production credits. 3 26. PLAINTIFFS are informed and believe and on that basis allege, that 4 the more recent work, “Ballers”, borrows heavily from the Materials and that 5 certain aesthetic elements, including, without limitation, physical appearance of the 6 characters and their vehicles, and plots, scenes, as well as story lines are virtually 7 identical to the Materials that the DEFENDANTS had access to. The stories, 8 character traits, scenes, and incidents portrayed in the two works, “Ballers” and 9 “Off Season”, are, in many respects, virtually identical and strikingly similar. 10 These substantially similar elements, coupled with the DEFENDANTS’ direct 11 access to the Materials, leaves little doubt that numerous elements of “Ballers” 12 were copied from “Off Season”. 13
14 FIRST CLAIM FOR RELIEF 15 (COPYRIGHT INFRINGEMENT (17 U.S.C. §§101 et seq.)) 16 (Against all Defendants) 17 27. PLAINTIFFS re-alleges each and every allegation set forth in 18 Paragraphs 1 through 26, inclusive, and incorporates them herein by this reference. 19 28. PLAINTIFFS are currently, and at all relevant times mentioned herein 20 have been, the sole proprietor of all right, title and interest in and to the copyrights 21 in the Materials. Deadline.com 22 29. PLAINTIFFS are informed and believes that DEFENDANTS are 23 continuing with efforts to distribute “Ballers” in derogation of PLAINTIFFS’ 24 rights. 25 30. Furthermore, given the direct access that DEFENDANTS had to the 26 Materials, DEFENDANTS were knowingly and willfully involved in the copying 27 of the Materials, and original elements therein, to create a work substantially 28 similar to and derivative of PLAINTIFFS’ copyrighted Materials. PLAINTIFFS
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1 are informed and believe, and on that basis allege, that a non-exhaustive summary 2 of substantial similarities, including expressions of ideas and concepts between 3 “Off Season” and “Ballers”, based upon a review the entire first season of 4 “Ballers”, includes, without limitation, the following: 5
6 (a) THEME 7 The theme of both works, “Ballers” and “Off Season”, centers around the 8 fast paced and lavish lives of professional football players in the off season and 9 depicts that the antics that these football players engage in, such as partying, fights, 10 infidelity, drug use, and contract talks, and the steps they take and sacrifices they 11 make to keep those antics from becoming public. 12
13 (b) PLOT 14 The plot in both works follows an African American football player who is 15 essentially a business man who tries to monetize his friendships with other 16 professional football players and athletes to help grow his business. Also, this 17 African American football player also serves as a “big brother/mentor” to other 18 football players by looking out for them and taking care of their personal affairs. 19
20 (c) SETTING 21 The setting of bothDeadline.com works takes place in Miami, Florida and favors the lavish 22 and extravagant million dollar lifestyles of professional football players. Both 23 works depict expensive boats, exotic cars, heavy drug use, and pretty women. 24
25 (d) CHARACTERS 26 The characters in both works are strikingly similar. “Nathanial B Hall” or 27 “NBH”, the main character in “Off Season”, has traits that can be seen in several 28 characters in “Ballers”. For example:
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1 (1) “Spencer Strasmore” of “Ballers”, as is “NBH”, is an African American 2 professional football player and business man that tries to monetize his 3 relationship with other football players to help grow his business. Also, 4 both “NBH” and “Spencer Strasmore” suffered serious injuries and try to 5 use their wisdom to help other football players out of their predicaments. 6 (2) “Ricky Jerret” of “Ballers”, like “NBH”, is African American and has a 7 significant other who is Columbian. Both men are cocky, drive fast sports 8 cars, and struggle with infidelity. 9 (3) “Joe Krutel” of “Ballers”, like “NBH”, is a fun loving guy that parties and 10 does drugs with the other football players. 11
12 (e) MOOD 13 Both “Off Season” and “Ballers” have a similar mood in that they are a 14 mixture of drama and comedy. Also, both are fast paced club and party driven. 15 Both works play all contemporary hip-hop and pop music. 16
17 (f) PLOT/SCENE/DIALOGUE/CHARACTER SIMILARITIES 18 A non-exhaustive list of some of the specific plot, scene, dialogue, and/or 19 character similarities between the Material and the Series, without limitation, with 20 referenced time codes and illustrative screenshots of “Ballers” and photographs 21 contained in the TrailerDeadline.com is set forth below: 22
23 OFF SEASON BALLERS 24 1. Opening sequences shows images 1. Opening sequences shows images of stadium lights. of stadium lights. 25 26
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9 3. Lead character “Nathaniel 3. Episode 1: 09:58 Lead character 10 Brandon Hall” (a.ka. “NBH”) is “Ricky Jerret” is cocky and drives a 11 cocky and drives a flashy sports car. flashy sports car.
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17 4. “NBH” does an in camera 4. Episode 6, 22:35, “Ricky Jerret”
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25 5. “NBH” wears a suit jacket, 5. Episode 6, 24:53, “Ricky Jerret” 26 matching suit pants, plain white t- wears a suit jacket, matching suit
27 shirt, pocket square, and flashy chain pants, plain white t-shirt, pocket during the interview with the sports square, and flashy chain during the 28 reporter. interview with the sports reporter.
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9 6. Lead character “Nathaniel 6. Lead character “Ricky Jerret” has 10 Brandon Hall” (a.ka. “NBH”) has a a Columbian girlfriend named Columbian wife named “Annabella”. The name “Annabella” 11 “Annamaria”. (Image of is very similar to “Annamaria”, as 12 “Annamaria from the Trailer”) used in the Off Season. 13 “Annabella” looks almost identical to “Annamaria” (Episode 8: 21:57) 14
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21 7. Image of “Annamaria”Deadline.com as depicted 7. Episode 1: 19:43 “Annabella” and 22 in the Trailer: wears “Annamaria” style clothing. 23
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1 8. One of the lead characters and 8. Episode 3: 22:05 “Vernon” one of 2 football player “Preach” snorts the lead characters and football cocaine off a naked woman’s body in player snorts cocaine off of a naked 3 a party setting as depicted in the woman in a party setting. 4 Trailer.
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11 12 9. “NBH” pays off a dirty cop to 9. Episode 5: 22:05 “Ricky Jerret” turn a blind eye. pays off a dirty cop to turn a blind 13 eye. 14
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20 10. In Episode 4 of the Treatment, 10. Episode 1, 03:30, a prominent 21 “Preach” a prominentDeadline.com footballer football player, “Rod”, dies and 22 player dies and players attend his players attend his funeral. funeral. 23 24 11. After “Preach’s” funeral a few 11. Episode 1, 09:30, a few players players go to another player’s house go to a club after “Rod’s” funeral to 25 to party in commemoration of his commemorate his death. 26 death. (Described in Episode 4 of the
27 Treatment)
28 12. Plays all contemporary hip-hop 12. Plays all contemporary hip-hop
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1 and pop music, as evidenced in and pop music. 2 Trailer and the Treatment.
3 13. Club and party driven, with lots 13. Lots of club and party driven 4 of drugs, fancy cars and women as scenes with lots of drugs, fancy cars,
5 described in the Treatment. and women.
6 14. “NBH”, the lead character, works 14. “Spencer Strasmore”, is one of 7 hard and struggles with protecting the lead characters, and works hard, the other football players and and struggles, to protect other 8 keeping the dirt, cocaine, other players from being exposed for doing 9 drugs, and sexual exploits that cocaine, other drugs, and their sexual happens in the “Off Season” club exploits. 10 from being exposed. 11 12 15. Depicts multiple “VIP” rooms, 15. Episode 6: 03:52, a “Fun House” equipped with scantily clad women, is shown which depicts scantily clad 13 drugs, stripper poles, hot tubs, women, private rooms for sex, striper 14 extravagant beds to allow the poles, a sex pool called the “love multimillion dollar ballers to do pond”, drugs, and extravagant beds. 15 whatever their deviant heart desires. 16
17 16. “NBH” handles a situation where 16. In Episode 5, “Spencer individuals at the “Off Season” club, Strasmore”, handles a situation 18 his company, are being blackmailed. where his company, Anderson 19 Financial, and other players are being blackmailed. 20
21 17. “NBH’s” alterDeadline.com ego is the fun 17. “Spencer Strasmore’s” partner, 22 loving guy that gets high with the Joe Krutel, is a fun loving guy that players and parties just as hard as also does drugs with the players and 23 discussed in the Treatment and seen parties as they do. (Episode 3). 24 in the Trailer.
25 18. Entire show takes place in 18. Entire show takes place in 26 “Miami”. “Miami”.
27 19. Entire season takes place during 19. Entire season takes place during 28 the football “off season” and the the football“off season”. The
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1 concept of the “off season” is concept of the “off season” is 2 glamorized throughout the season. glamorized throughout the entire Season 1. Also, Season 1 ends in 3 Episode 10 right before the football 4 season starts.
5 20. Episode 4, as described in the 20. Episode 3: 05:16 Anderson 6 Treatment, is titled “THE BALLERS Financial, throws an extravagant 7 BALL”. This is an extravagant party party, hosted by Spencer Strasmore thrown by the “Off Season” club, and his partner Joe Krutel, where the 8 and hosted by NBH, where the best best in professional football show up 9 in professional football show up ready for good times. ready for good times. 10
11 21. Episode 4 is titled “THE 21. The title “Ballers,” for the show, 12 BALLERS BALL”. was derived from the title of “Off Season’s” Episode 4. 13 22. “NBH” is a business man who 22. “Spencer Strasmore” is a 14 leverages his relationships with other business man who tries to leverage football players to bring high end his relationship with other football 15 clientele to his club, “Off Season”. players to bring business to his 16 company Anderson Financial.
17 23. The Trailer contains a reference 23. Episode 8: 22:50 there is a 18 to Kobe Bryant’s cheating scandal reference to Kobe Bryant’s cheating 19 which happened about 12 years ago. scandal which happed about 12 years ago. 20 24. “NBH” the main character, is 24. “Spencer Strasmore” is injured 21 injured and at the Deadline.comend of his career, and out of the game, and decided to 22 and decided to reinvent his career so reinvent his career so he could take he could take care of players like care of players like himself. 23 himself. 24 25. “NBH” plays for the “Miami 25. “Ricky Jerret” plays for the 25 Crocks”. Miami Dolphins. “Spencer 26 Strasmore” retired from the Miami
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28 26. “NBH” constantly cheats on 26. “Ricky Jerret” constantly cheats
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1 “Annamaria” but she remains loyal on “Annabella” and she remained 2 by his side. One day she will tire of loyal by his side for a while. She his cheating ways and walks away. finally got fed up and walks away 3 but she is waiting for him to say the 4 right things so she can come back to
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6 27. In Episode 4 of the Treatment, 27. Episode 3, “Spencer Strasmore” 7 “NBH” throws a party on a boat. throws a party on a boat.
8 31. PLAINTIFFS are further informed and believes, and on that basis 9 alleges, that DEFENDANTS’ copying of the Materials infringes PLAINTIFFS’ 10 copyright and that DEFENDANTS are distributing and intend to continue to 11 distribute unauthorized works similar to and derivative of “Off Season”. 12 32. The natural, probable, and foreseeable result of DEFENDANTS’ 13 wrongful conduct has been and will continue to deprive PLAINTIFFS of the 14 benefits of selling the Materials, and any other derivative work of the Materials, 15 and to deprive PLAINTIFFS of the goodwill that would necessarily be associated 16 therewith. 17 33. PLAINTIFFS are informed and believes, and on that basis alleges, 18 that it has lost and will continue to lose substantial revenues and has sustained 19 damages as a result of DEFENDANTS’ wrongful conduct and DEFENDANTS’ 20 production and sale of their infringing series. DEFENDANTS’ wrongful conduct 21 has also deprived andDeadline.com will continue to deprive PLAINTIFFS of opportunities for 22 expanding goodwill. 23 34. PLAINTIFFS are informed and believes, and on that basis alleges, 24 that unless enjoined by this Court, DEFENDANTS intend to continue their course 25 of conduct and to wrongfully use, infringe upon, sell and otherwise profit from 26 PLAINTIFFS’ Materials and works derived from them. As a direct and proximate 27 result of the acts of DEFENDANTS alleged above, PLAINTIFFS have already 28 suffered irreparable damage and have sustained lost profits. PLAINTIFFS have no
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1 adequate remedy at law to redress all of the injuries that DEFENDANTS have 2 caused and intend to cause by their conduct. PLAINTIFFS will continue to suffer 3 irreparable damage and sustain lost profits until DEFENDANTS’ actions alleged 4 above are enjoined by this Court. 5 35. By their actions alleged above, DEFENDANTS have infringed and 6 will continue to infringe PLAINTIFFS’ copyrights in and relating to the Materials 7 by producing, distributing, and placing upon the market products which are 8 derivative of PLAINTIFFS’ copyrighted works. 9 36. PLAINTIFFS are further entitled to recover from DEFENDANTS the 10 damages, including attorneys fees, they have sustained and will sustain, and any 11 gains, profits and advantages obtained by DEFENDANTS as a result of the 12 DEFENDANTS’ acts of infringement alleged above. 13
14 SECOND CLAIM FOR RELIEF 15 (INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS) 16 (Against all Defendants) 17 37. PLAINTIFFS re-alleges each and every allegation set forth in 18 Paragraphs 1 through 36, inclusive, and incorporates them herein by this reference. 19 38. In taking the actions alleged above, and in failing to take the actions 20 as alleged above the DEFENDANTS engaged in extreme and outrageous conduct 21 with the intent of causing,Deadline.com or reckless disregard of the probability of causing, 22 emotional distress. 23 39. The DEFENDANTS’ actions were malicious, oppressive, and 24 fraudulent. 25 40. PLAINTIFFS suffered severe emotional distress and loss the ability to 26 exclusively market, sale, reproduce, and create derivative works of the Materials. 27 41. The emotional distress suffered by PLAINTIFFS is a direct and 28 proximate result of the DEFENDANTS’ conduct as set forth above
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1 42. The conduct of the DEFENDANTS, as set forth above, was so 2 extreme that it exceeded all bounds of that usually tolerated in a civilized 3 community. 4 43. The conduct of the DEFENDANTS was intended to inflict injury 5 and/or engaged in with the realization that injury would occur. 6
7 PRAYER FOR RELIEF 8 WHEREFORE, PLAINTIFF prays for judgment against the 9 DEFENDANTS as follows: 10
11 ON THE FIRST CLAIM FOR RELIEF 12 1. That the Court find that DEFENDANTS have infringed PLAINTIFFS’ 13 copyrights in the Materials. 14 2. That the court find a substantial likelihood that DEFENDANTS will 15 continue to infringe PLAINTIFFS’ copyrights in the Materials unless 16 enjoined from doing so. 17 3. That DEFENDANTS, their directors, officers, agents, servants, employees, 18 and all other persons in active concert or privity or in participation with 19 them, be enjoined from directly or indirectly infringing PLAINTIFFS’ 20 copyrights in the Materials or continuing to market, offer, sell, dispose of, 21 license, lease, transfer,Deadline.com display, advertise, reproduce, develop, or 22 manufacture any works derived or copied from the Materials or to 23 participate or assist in any such activity. 24 4. That DEFENDANTS, their directors and officers, agents, servants, 25 employees, and all other persons in active concert or privity or in 26 participation with them, be enjoined to return to PLAINTIFF any and all 27 originals, copies, facsimiles, or duplicates of the Materials in their 28 possession, custody, or control.
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1 5. That DEFENDANTS, their directors and officers, agents, servants, 2 employees, and all other persons in active concert or privity or in 3 participation with them, be enjoined to recall from all distributors, 4 wholesalers, jobbers, dealers, retailers, and distributors, and all others known 5 to DEFENDANTS, any originals, copies facsimiles, or duplicates of any 6 works shown by the evidence to infringe any copyright in the Materials. 7 6. That DEFENDANTS be enjoined to deliver upon oath, to be impounded 8 during the pendency of this action and destroyed pursuant to judgment 9 herein, all originals, copies, facsimiles, or duplicates of any work shown by 10 the evidence to infringe any copyright in the Materials. 11 7. That DEFENDANTS be required to file with the Court and to serve on 12 PLAINTIFFS, within 30 days after service of the Court’s order as herein 13 prayed, a report in writing under oath setting forth in detail the manner and 14 form in which DEFENANTS have complied with the Court’s order. 15 8. That at PLAINTIFFS’ election, if so made, judgment be entered for 16 PLAINTIFF and against DEFENDANTS for PLAINTIFFS’ actual damages 17 according to proof, and for any profits attributable to infringements of 18 PLAINTIFFS’ copyrights, in accordance with proof. 19 9. That at PLAINTIFFS’ election, if so made, judgment be entered for 20 PLAINTIFFS and against DEFENDANTS for statutory damages based upon 21 DEFENDANTS’Deadline.com acts of infringement, pursuant to the Copyright Act of 22 1976, 17 U.S.C. §§ 101, et seq. 23 10. That DEFENDANTS be required to account for all gains, profits, and 24 advantages derived from its acts of infringement and for their other 25 violations of law. 26 11. That all gains, profits, and advantages derived by DEFENDANTS from their 27 acts of infringement and other violations of law be deemed to be held in 28 constructive trust for the benefit of PLAINTIFFS.
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1 12. That PLAINTIFF have judgment against DEFENDANTS for PLAINTIFFS’ 2 cost and attorneys’ fees. 3 13. That the Court grant such other, further, and different relief as the Court 4 deems proper under the circumstances. 5
6 ON THE SECOND CLAIM FOR RELIEF 7 14. That PLAINTIFFS be awarded compensatory damages and costs of suits 8 herein. 9 15. That PLAINTIFFS be awarded special damages according to proof. 10 16. That PLAINTIFFS be awarded punitive damages. 11 17. That the Court grant such other, further, and different relief as the Court 12 deems proper under the circumstances. 13
14 Dated: December 17, 2015 Law Offices of Kenechi R. Agu 15 /s/ Kenechi R. Agu 16 ______17 Kenechi R. Agu, Esq. 18 Attorney for Plaintiffs 19
20 DEMAND FOR JURY TRIAL 21 Defendant herebyDeadline.com requests a jury trial on all issues triable to a jury. 22
23 Dated: December 17, 2015 Law Offices of Kenechi R. Agu 24 /s/ Kenechi R. Agu 25 ______26 Kenechi R. Agu, Esq. 27 Attorney for Plaintiffs 28
Complaint for Damages and Injunctive Relief 22