Case 1:13-cv-05315-AKH Document 1 Filed 07/30/13 Page 1 of 46 JUDGF Dale M. Cendali Joshua L. Simmons KIRKLAND & ELLIS LLP 601 Lexington Avenue 13 CV 5315 New York, New York 10022 Telephone: (212) 446-4800 Facsimile: (212) 446-4900
[email protected] [email protected] Attorneys for Plaintiff Fox News Network, LLC UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK FOX NEWS NETWORK, LLC, Case No. Plaintiff, - against - TVEYES, INC., Defendant. COMPLAINT Plaintiff Fox News Network, LLC ("Fox News"), by and through its attorneys, Kirkland & Ellis LLP, for its Complaint, hereby alleges against Defendant TVEyes, Inc. ("TVEyes") as follows: NATURE OF THE ACTION 1. This action seeks to recover damages that Fox News has suffered and to prevent the irreparable harm that continues to threaten Fox News as a result of TVEyes's willful infringement of Fox News's valuable intellectual property rights in and to its television programming and content. Specifically, TVEyes copies Fox News's proprietary programming Case 1:13-cv-05315-AKH Document 1 Filed 07/30/13 Page 2 of 46 twenty-four hours a day as it is being telecast and makes the programming available for a subscription fee to Internet users on its website, <http://www.tveyes.com >. 2. As the following image illustrates, TVEyes makes verbatim reproductions of Fox News's programming and the closed captioning associated therewith. After unlawfully and willfully appropriating all of Fox News's content, TVEyes, without Fox News's consent, distributes, publicly performs and publicly displays that content on its own website: Media Monitoring Suite /7)- tveyes Transcript Log In Transcript Fox News - U.S.