Case 2:19-cv-04267 Document 1 Filed 05/16/19 Page 1 of 21 Page ID #:1 1 Richard S. Busch (SBN 319881) E-Mail: [email protected] 2 KING & BALLOW 1999 Avenue of the Stars, Suite 1100 3 Century City, CA 90067 Telephone: (424) 253-1255 4 Facsimile: (888) 688-0482 5 Attorney for Plaintiffs 6 7 UNITED STATES DISTRICT COURT 8 CENTRAL DISTRICT OF CALIFORNIA 9 Andrew Guerrero; Stephen Brackett; Case No.: 2:19-cv-4267 James Laurie; Mackenzie Roberts; __________________ 10 Jesse Walker; Kenneth Ortiz; Flobots Music LLC d/b/a Flobots Music 11 Publishing, COMPLAINT FOR COPYRIGHT INFRINGEMENT 12 PLAINTIFFS, 13 DEMAND FOR JURY TRIAL vs. 14 Complaint Filed: 15 Logan Paul and Maverick Media, 16 DEFENDANTS. 17 18 19 20 21 22 23 24 25 26 27 28 1 COMPLAINT FOR COPYRIGHT INFRINGMENT Case 2:19-cv-04267 Document 1 Filed 05/16/19 Page 2 of 21 Page ID #:2 1 JURISDICTION 2 1. This Court has subject matter jurisdiction under 28 U.S.C. § 1331 as 3 the action arises under the original and exclusive jurisdiction of the federal court 4 and 28 U.S.C. § 1338(a) as the controversy arises under the Copyright Act of 1976 5 (17 U.S.C. § 101 et seq.). 6 2. This Court has personal jurisdiction over Defendants as discussed fully 7 herein. 8 3. This Court has general personal jurisdiction over Defendant Logan 9 Paul (“Defendant Logan Paul” or “Logan Paul”) because upon information and 10 belief, he is a resident of the State of California and this Judicial District, owns 11 property in this Judicial District, and has other substantial contacts with the State of 12 California and with this Judicial District specifically. 13 4. This Court has specific personal jurisdiction over Logan Paul because 14 this suit arises out of or relates to his contacts with the State of California and this 15 Judicial District. Upon information and belief, Defendant Logan Paul wrote the 16 Infringing Musical Composition “No Handlebars” (the “Infringing Composition” 17 or “No Handlebars”) in the State of California and produced the music video of the 18 Infringing Composition in the State of California. The sound recording of the 19 Infringing Composition is referred to herein as the “Infringing Sound Recording.” 20 Upon information and belief, the Infringing Sound Recording was also recorded in 21 whole or in part in California. The Infringing Composition and Infringing Sound 22 Recording are collectively referred to herein as the “Infringing Works.” Logan Paul 23 has offered or authorized the licensing, distribution, and sale of the Infringing 24 Works to residents of California and to California companies and within this 25 Judicial District. Defendant Logan Paul and Defendant Maverick Media 26 (“Defendant Maverick or “Maverick”) are in fact practical partners with respect to 27 their work on and actions related to the Infringing Works. 28 2 COMPLAINT FOR COPYRIGHT INFRINGMENT Case 2:19-cv-04267 Document 1 Filed 05/16/19 Page 3 of 21 Page ID #:3 1 5. This Court has general personal jurisdiction over Defendant Maverick 2 because it has continuous and systematic contacts with California as to make it 3 essentially at home. Specifically, Maverick is a corporation incorporated under the 4 laws of California with a California Corporate Number of C3696752. Maverick is 5 registered in the State of California with a physical address of 450 North Roxbury 6 Drive, 8th Floor, Beverly Hills, CA 90210. Maverick may be served through its 7 designated agent Duncan Hedges at 450 North Roxbury Drive, 8th Floor, Beverly 8 Hills, CA 90210. 9 6. This Court has specific personal jurisdiction over Defendant Maverick 10 because this suit arises out of or relates to Defendant Maverick’s contacts with the 11 state of California, which include: (1) Maverick has a contractual relationship with 12 Logan Paul, upon information and belief a California citizen, under which Maverick 13 received income and its interest in the Infringing Works; (2) Maverick is engaged 14 in conduct within the State of California and in this Judicial District, specifically 15 Maverick knowingly and intentionally distributed the Infringing Works, or 16 authorized the distribution to California companies, including the licensing of the 17 Infringing Works for digital download and streaming, among other things; (3) 18 Maverick’s conduct causes injury to, and is directed at, Plaintiffs and their 19 intellectual property within the United States and the State of California; (4) 20 Maverick benefited substantially from the sale and exploitation of the Infringing 21 Works to residents of California and to California companies, including within this 22 Judicial District; (5) Maverick is, at a minimum, constructively aware of its 23 continuous and substantial commercial interactions with California residents; (6) 24 Maverick actively participated in and/or authorized the unlawful manufacture of the 25 Infringing Works in California and to California companies; and (7) Maverick 26 advertised the Infringing Works to California residents and California companies. 27 28 3 COMPLAINT FOR COPYRIGHT INFRINGMENT Case 2:19-cv-04267 Document 1 Filed 05/16/19 Page 4 of 21 Page ID #:4 1 Defendant Logan Paul and Defendant Maverick are in fact practical partners with 2 respect to their work on and actions related to the Infringing Works. 3 7. Defendants facilitated the infringing acts occurring in the United States, 4 specifically in California. Upon information and belief, Logan Paul lives in Los 5 Angeles, California and Maverick has a physical address in California. Defendants 6 actively participated in a coordinated plan to produce and distribute the Infringing 7 Works throughout the United States, including California. 8 8. Defendants, individually and collectively, have generated substantial 9 revenue from exploitation of the Infringing Works in California, and have engaged 10 in a coordinated marketing and advertising campaign related to the Infringing 11 Works. 12 9. Furthermore, given Defendants’ willful and knowing exploitation of 13 the Infringing Works in California, each could certainly reasonably anticipate being 14 haled into a court in the United States, specifically the State of California. Thus, 15 jurisdiction could be exercised constitutionally by this Court pursuant to FED. R. 16 CIV. P. 4(k)(1)(A) and California’s long-arm statute CAL. CODE CIV. PROC. § 410.10. 17 VENUE 18 10. Venue is proper pursuant to 28 U.S.C. § 1391(b)(2) as a substantial 19 part of the events giving rise to the claim occurred in this Judicial District. Venue 20 is proper pursuant to 28 U.S.C. § 1391(b)(1) and 28 U.S.C. § 1400 as at least one 21 of the Defendants reside or may be found in this Judicial District and is subject to 22 personal jurisdiction. 23 11. This case is properly filed in the Central District, as a substantial part 24 of events giving rise to this case occurred in the Central District of California. 25 INTRODUCTION 26 12. Plaintiffs hereby complain and allege against Defendants Logan Paul 27 and Maverick (collectively, “Defendants”) as follows: 28 4 COMPLAINT FOR COPYRIGHT INFRINGMENT Case 2:19-cv-04267 Document 1 Filed 05/16/19 Page 5 of 21 Page ID #:5 1 13. This is a claim for willful copyright infringement of Plaintiffs’ original, 2 copyrighted musical composition entitled “Handlebars” (“Handlebars” or “Original 3 Work”). A United States copyright for the musical composition of the “Original 4 Work” was duly registered with the United States Copyright Office on August 31, 5 2018 bearing Registration Number PA0002164301. The copyright in the Original 6 Work is owned by Andrew Guerrero (“Guerrero”), Stephen Brackett (“Brackett”), 7 James Laurie (“Laurie”), Mackenzie Roberts (“Roberts”), Jesse Walker (“Walker”), 8 and Kenneth Ortiz (“Ortiz”), collectively and p/k/a “Flobots;” and Flobots Music 9 LLC, also d/b/a Flobots Music Publishing (hereinafter, collectively “Flobots” or 10 “Plaintiffs”). 11 14. The Defendants are the credited writers, performers, publishers, and/or 12 administrators of the Infringing Works for “No Handlebars” which, as set more 13 fully herein, deliberately copied “Handlebars.” Defendants are in fact practical 14 partners with respect to their work on and actions related to the Infringing Works. 15 15. Defendants copied the Original Work without a license or consent and 16 have exploited the subsequent Infringing Works to their collective benefit without 17 regard to Plaintiffs’ rights and to Plaintiffs’ detriment. The Infringing Works 18 directly misappropriate quantitively and qualitatively important portions of 19 Plaintiffs’ Original Work in a manner that is easily recognizable to the ordinary 20 observer. The Infringing Works are substantially similar to the Original Work as 21 discussed fully below. Indeed, the copying herein permeates throughout the 22 Infringing Works and goes to the essence of both works. 23 PARTIES 24 16. Plaintiff Guerrero, an individual, is a resident of Colorado. Guerrero is 25 a producer, songwriter, and musician. Guerrero is a co-founder of Flobots. Guerrero 26 is a co-writer of the Original Work. 27 28 5 COMPLAINT FOR COPYRIGHT INFRINGMENT Case 2:19-cv-04267 Document 1 Filed 05/16/19 Page 6 of 21 Page ID #:6 1 17. Plaintiff Brackett, an individual, is a resident of Colorado. Brackett is 2 a musician, songwriter, singer, and rapper. Brackett is a co-founder of Flobots. 3 Brackett is a co-writer of the Original Work. 4 18. Plaintiff Laurie, an individual, is a resident of Colorado. Laurie is a 5 musician, songwriter, singer, and rapper. Laurie is the founder of Flobots. Laurie 6 is a co-writer of the Original Work. 7 19. Plaintiff Roberts, an individual, is a resident of Colorado. Roberts is a 8 classically trained violist for Flobots.