Nature of the Action

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Ellen Newlin Chase and Margaret Chase Perry, Civil Action No. Plaintiffs,

Vv.

WarnerBros. Entertainment, Inc.; Warner Bros. COMPLAINT ConsumerProducts, Inc.; Warner-Olive Music LLC: Warner Bros. HomeEntertainment, Inc.; Chuck Lorre Productions, Inc.; CBS Corporation; CBS ConsumerProducts, Inc.; Turner Broadcasting System, Inc.; Fox Broadcasting Trial by Jury Company; Fox Television Stations, Inc.; Ripple Demanded Junction Design Co.; and Willis Music Company,

Defendants.

Plaintiffs Ellen Newlin Chase and Margaret ChasePerry, by their counsel, as and

for their Complaint against Defendants, allege as follows:

NATURE OF THE ACTION

1. This is a copyright infringementaction against television producers and their broadcasting, licensing, and merchandising partners whowillfully infringed

Plaintiffs’ copyrighted song lyrics by repeatedly usingthelyrics in their entirety on The

Big Bang Theory, one of the world’s most popular television sitcoms. The lyrics ~ beginning with the words “Soft kitty, warm kitty” (the “Soft Kitty Lyrics”) — were created as a poem by Edith Newlin, the Plaintiffs’ mother. Defendants have used the Soft

Kitty Lyrics without authorization in their entirety as an emblematic feature of The Big

Bang Theory, contributing materially to the program’s enormous success, and in promotion andadvertising for the show. Defendants havealso used the Soft Kitty Lyrics

in their entirety on a wide range of merchandiseitems, from t-shirts to air fresheners, as

part of oneofthe largest globallicensing and merchandising programs ever mounted for

a live-action television series.

2. The Soft Kitty Lyrics were created in the 1930’s by Edith Newlin, the

authorof several published books for children, two of which have had substantial sales

and arestill being published by Scholastic. The Soft Kitty Lyrics were published by

DefendantWillis Music Companyin 1937, with Edith Newlin’s permission,in the book

Songsfor the Nursery School. That bookclearly identifies Edith Newlin as the author and copyright ownerof the Soft Kitty Lyrics. On page 27 of the book, wherethe Soft

Kitty Lyrics appear accompanied by public domain music,thelyrics are credited to

“Edith Newlin.” On the book’s Acknowledgements page, which appears immediately after the book’s title and copyright page, Laura Pendleton MacCarteney, the book’s compiler and fellow contributor, writes as follows:

ACKNOWLEDGEMENTS

The authoris grateful to the following who have so kindly given permission to use the respective copyrights in the preparationof this book:

... To Edith Newlin for the words to . . . “Warm Kitty.”

3. in 1937 the collective work Songsfor the Nursery School wastimely registered in the Copyright Office by Defendant Willis Music in its own name. Willis

Music timely renewedtheregistration in 1964, naming Laura Pendleton MacCarteneyas the copyright claimant. Underthe Copyright Act of 1909, which was applicable at the time, this registration and renewal servedalso to register and renew Edith Newlin’s copyright in the Soft Kitty Lyrics at issue in this action. That copyright is now owned

exclusively by the Plaintiffs, the daughters and heirs of Edith Newlin, who died in 2004.

4. Despite Songsfor the Nursery School’s identification of Edith Newlin as

the author and copyright ownerofthe Soft Kitty Lyrics, Defendants never contacted or

made any attempt to contact Edith Newlin or her successors to seek permission to use the

Soft Kitty Lyrics, and Plaintiffs have never granted any permission to Defendants to do

so. Instead, in about 2007, on information andbelief, Defendant Warner Bros.

Entertainment, Inc., one of the producers of The Big Bang Theory, wantingto use the

Soft Kitty Lyrics on the program, workedout a deal with Defendant Witlis Music that purported to grant Warner Bros. Entertainmenttherightto use the Soft Kitty Lyrics on the sitcom. Defendant Willis Music’s President, Kevin Cranley,states on his company’s website as follows: “Warner Brothers and I worked together to secure the rights for the show and they have been usingthe song ever since.” However, neither Willis Music nor

Warner Bros. Entertainmentcould lawfully “secure the rights”to use the Soft Kitty

Lyrics without Plaintiffs’ authorization

5. Defendants’ infringements of Plaintiffs’ copyright were, on information andbelief, willful. The Defendants have extensive experience in the licensing of music and lyrics, and yet they purposefullyor recklessly ignored the written statements in Songs

Jor the Nursery Schoolthat Edith Newlin wasthe creator and ownerofthe copyright in the lyrics.

6. Defendants not only willfully infringed Plaintiffs’ copyright, but they failed to credit Edith Newlin as the author of the Soft Kitty Lyrics. Instead, they placed a credit line on some merchandise items that madeit appearas if one of the Defendants themselvescreated the Soft Kitty Lyrics, The credit states that the Soft Kitty Lyrics were

“Written by Bill Prady.” Bill Prady is a principal of Defendant Chuck Lorre Productions,

oneof the producers of The Big Bang Theory.

7. In this action the Plaintiffs are pursuing the remedies for willful copyright

infringementprovided in the Copyright Act.

JURISDICTION AND VENUE

8. The Court hasjurisdiction of this action under the Copyright Act, 17

U.S.C. § 101 et seq. and under Sections 1331 and 1338(a) of Title 28 of the United States

Code, 28 U.S.C. §§ 1331 and 1338(a).

9. Venueis properin this district pursuant to Section 1400(a) of the United

States Code, 28 U.S.C. § 1400(a).

The Parties

10. Plaintiffs Ellen Newlin Chase and Margaret Chase Perry arecitizens of the

State of New Hampshire. They are the owners of the copyright in the Soft Kitty Lyrics.

ll. Defendant Warner Bros. Entertainment, Inc. (“Warner Entertainment”) is, on information andbelief, a California corporation,its principal place of businessis located in Burbank, CA,andit has an office at 1325 Eighth Avenue #1, New York, NY

10019. Warner Entertainmentis one of the producers of The Big Bang Theory, which has maderepeated use of the Soft Kitty Lyrics. Warmer Entertainmentalso licenses merchandise items that incorporate the Soft Kitty Lyrics.

12. Defendant Wamer Bros. ConsumerProducts, Inc. (“Warner Consumer

Products”) is, on information and belief, a Delaware corporation, with its principalplace of business at 4000 Warner Blvd., Burbank, CA 91522, andit doesor transacts business in the State of New York. Warner Consumer Products, a Warner Bros. Entertainment

Company,is one of the world’s leading licensing andretail merchandising organizations.

Oninformation andbelief, it has built and managed the international licensing and

merchandising program for The Big Bang Theory, including the licensing of merchandise

itemsthat incorporate the Soft Kitty Lyrics.

13. Defendant Warner Olive Music LLC (“WarnerOlive”) is, on information

and belief, a Delaware company,withits principal place of business at 10585 Santa

Monica Blvd., Los Angeles, CA 90025, andit does or transacts business in the State of

New York. WarnerOlive, a WarmerBros. Entertainment Company, is, on information

andbelief, in the business of music publishing and licensing and has licensed music and

lyrics performed on The Big Bang Theory, including the Soft Kitty Lyrics. Warner Olive

also licenses merchandise itemsthat incorporate the Soft Kitty Lyrics.

14. Defendant Warner Bros. Home Entertainment,Inc. (“Warner Home

Entertainment”) is, on information andbelief, a Delaware company, with its principal place of business located at 4000 Warner Blvd., Burbank, CA 91522, and it does or transacts businessin the State of New York. Warner Home Entertainment, a Warner

Bros. Entertainment Companyis, on information andbelief, a distributor of home video titles and has distributed in the United States and other countries DVDs of The Big Bang

Theory that incorporate the Soft Kitty Lyrics.

15, Defendant Chuck Lorre Productions, Inc. (“Chuck Lorre Productions”) is, on information andbelief, a California corporation, with its principal place of business at

4000 Warner Blvd, Burbank, CA, 91522 andit doesor transacts business in the State of New Yorkand/or has an agent in New York, N.Y. Chuck Lorre Productionsis one of the

producers of The Big Bang Theory, which has made repeated use of the Soft Kitty Lyrics.

16. Defendant CBS Corporation (“CBS”) is, on information and belief, a

Delaware corporation,with its principal place of business located at 51 W. 52™Street,

New York, N.Y. 10019. CBS broadcasts The Big Bang Theory, including the Soft Kitty

Lyrics, over the CBStelevision network. On information and belief, CBSalso licenses

and sells merchandise items that incorporate the Soft Kitty Lyrics, including onits

CBS.com “Big Bang Theory”store.

17. Defendant CBS Consumer Products,Inc., (“CBS Consumer Products”)is,

on information andbelief, a Delaware corporation,withits principal place of business

located at 1675 Broadway, 17 Floor, New York, NY, 10019. CBS Consumer Products

is a subsidiary of Defendant CBS and, on information and belief, manages the worldwide

licensing and merchandising of CBS.It licenses andsells merchandise itemsthat

incorporate the Soft Kitty Lyrics.

18. Defendant Turner Broadcasting System, Inc. (“Turer Broadcasting”),is, on information andbelief, a Georgia corporation, with its principal place of business located at One CNN Center, Atlanta, GA 30303, andit doesortransacts business in the

State of New York. Turner Broadcasting holds off-network syndication rights for cable television in The Big Bang Theory, and has broadcastorlicensed the broadcast of The Big

Bang Theory, including the Soft Kitty Lyrics. On information and belief, Turner

Broadcasting also licenses and sells merchandise items that incorporate the Soft Kitty

Lyrics, including on its TBS.com “Big Bang Theory”store. 19. Defendant Fox Broadcasting Company (“Fox Broadcasting”) is, on

information and belief, a Delaware corporation, with its principal place of business

located at 10201 West Pico Blvd., Los Angeles, CA 90064, andhas an office in New

York at 1211 Avenueof the Americas, New York, NY 10036. Fox Broadcastingis, on

information and belief, a commercial broadcasttelevision network,and it broadcasts re-

tuns of The Big Bang Theory, including the Soft Kitty Lyrics, throughits subsidiary

Defendant Fox Television Stations, Inc.

20. Defendant Fox Television Stations, Inc. (“Fox Television”) is, on

information and belief, a Delaware corporation, withits principal place of business

located at 1211 Avenue of the Americas, New York, NY 10036. Fox Television is a

group of television stations, owned-and-operated by Defendant Fox Broadcasting

Companythat, on information and belief, holds off-networktelevision tights to The Big

Bang Theory, and has broadcastor licensed the broadcast of The Big Bang Theory,

includingthe Soft Kitty Lyrics.

21. Defendant Ripple Junction Design Co. (“Ripple Junction”) is, on information andbelief, an Ohio corporation, with its principal place of business located at

8183 Center Park Drive, West Chester, OH, andit does and/ortransacts business in the

State of New York. Ripple Junction is, on information andbelief, a designer, developer, distributor and seller of licensed merchandise, andit has designed and/or developed, and sells and distributes merchandise items that incorporate the Soft Kitty Lyrics.

22. Defendant Willis Music Company(“Willis Music”) is, on information and belief, a Kentucky corporation, with its principal place of business located at 7380

Industrial Rd., Florence, KY 41042, andit does or transacts business in the State of New York. Willis Music is an international music publisher that, on information and belief,

purported to authorize Defendant Warner Entertainmentto use the Soft Kitty Lyrics on

The Big Bang Theory.

The Facts

Edith Newlin - Teacher and Author

23. Plaintiffs’ mother, Edith Newlin (later Edith Newlin Chase), was born in

1905 on a farm in Indiana. After teaching and studying in New York and Connecticut,

she movedto the small town of Alstead, New Hampshire, where she worked as a nursery

school teacher for approximately 35 years, and where both of the Plaintiffs still live.

24. Edith Newlin wrote original poetry andstories for children throughout her

life, and her poems andstories were published in books, anthologies, collections, and journals.

25. Edith Newlin’s publications include the following, amongothers:

(1) Poemsandstories for children published in more than two dozen — anthologies, including Songsfor the Nursery School, published by Willis Music in

1937; Another Here and Now Storybook, by Lucy Sprague Mitchell and co-

authors, published by Dutton in 1937; Very Young Verses, published by Houghton

Mifflin in 1945; Timefor Poetry, published by Scott, Foresman and Companyin

1951; and The Arbuthnot Collection ofChildren’s Literature, published by Scott,

Foresman and Companyin 1961.

(2) Three children's picture books, each based on a single poem and

published by Scholastic: i. The New Baby Calf, published by Scholastic-TAB Publications

Ltd. in 1984. This book has been continually in print to the present and hasalso

been published in Spanish, French, German, Norwegian, Korean and Arabic

translations. The New Baby Calfhas sold approximately 190,000 copies to date.

ii, Waters, published by North WindsPress, a division of

Scholastic Canada Ltd., in 1993. This book has been continually in print to the

present and has also been published in French and Korean translations. Waters

has sold approximately 78,000 copies to date,

iii. Secret Dawn, published by North WindsPress, a division of

Scholastic Canada Ltd., in 1996.

Edith Newlin’s Creation ofthe Poem “Warm Kitty”andits Publication in 1937

26. In about 1933, Edith Newlin created an original children’s poem titled

“Warm Kitty”:

Warm kitty, soft kitty, Little ball of fur, Sleepykitty, happykitty, Purr! Purr! Purr!

27, By letter dated August 17, 1933, Laura Pendleton MacCarteney asked

Edith Newlin for permission to use her “Warm Kitty” poem as the lyrics to a song ina book of nursery school songs that MacCarteney was compiling. Newlin granted permission for that use, and the poem wasincludedin the book Songsfor the Nursery

School.

28. Songsfor the Nursery School was published by Defendant Willis Music in

1937 with the following copyrightnoticeonits title page: “Copyright, MCMXXXVIL, by

The Willis Music Co.”

— 29. Edith Newlin’s “Warm Kitty” poem appears on page 27 of Songsfor the

Nursery Schoolas the lyrics to a tune identified in Songsfor the Nursery School as an

English folk-tune. Edith Newlin is credited on that page as the authorofthelyrics.

30. In the “Acknowledgements”page at the front of Songsfor the Nursery

School, MacCarteney thanked the companies andindividuals “who have so kindly given

permission to use the respective copyrights in the preparation ofthis book.” In these

Acknowledgements, MacCarteneyspecifically thanked Edith Newlin for permission to

use her copyright for the Soft Kitty Lyrics. (Copies of thetitle and copyright page, the

“Acknowledgements” page, and page 27 of Songsfor the Nursery School, are attached as Exhibit 1.)

31, Songsfor the Nursery Schoolwasregistered with the Copyright Office on

November 17, 1937, as Registration No. E 65337, with Defendant Willis Music named as the claimant. (A copyofthe relevant page of the Music Composition log of the Copyright

Office for the year 1937, showing Registration No. E 65337,is attached as Exhibit 2.)

32. On June 22, 1964, the aboveregistration wastimely renewed by

Defendant Willis Music in the Copyright Office in the nameof Laura Pendleton

MacCarteney as author, as Registration No. 339640. (A copy of the renewal copyright certificate for Registration No. 339640is attached as Exhibit3.)

33. Under the Copyright Act of 1909, applicableat the time, the registration of the copyright to Songsfor the Nursery School in 1937 and the renewalofthat copyright in 1964 servedalso to register and renew Edith Newlin’s copyrightin the Soft Kitty

Lyrics.

10 Plaintiffs Inherit their Mother’s Copyrightto the Soft Kitty Lyrics

34. Under the Copyright Act of 1976, the copyrightin Songsfor the Nursery

School, including Edith Newlin’s copyrightin the Soft Kitty Lyrics, will remain in

existence for 95 years from the date of its publication in 1937 -- i.e., until 2032.

35. Edith Newlin died in 2004. Her copyrights, including the copyright in the

Soft Kitty Lyrics, were inherited by Plaintiffs, her surviving children, pursuantto the

provisions of herwill.

“The Big Bang Theory”

36. The Big Bang Theory is produced by Defendants Warner Entertainment

and Chuck Lorre Productions, and broadcastin the United States by Defendant CBS over

its CBS Television Network. The Big Bang Theory is broadcast throughoutthe world,

including in Australia, Canada, Finland, France, Germany, Hungary, Japan, the

Netherlands, Portugal, Spain and the United Kingdom.

37. In about 2011, Defendant Warner Entertainmententered into agreements

for off-network syndication of re-runs of The Big Bang TIheory on cable by Defendant

Turner Broadcasting and on broadcasttelevision by Defendant Fox Broadcasting. On information and belief, Turner Broadcasting, Fox Broadcasting and Fox Television have broadcastre-runs of The Big Bang Theory since 2011.

38. The Big Bang Theory premiered on CBS on September 24, 2007 andis currently in its ninth season ontelevision. It was renewed for three seasons in March

2014, taking the showto its tenth season in 2016-2017.

39. The Big Bang Theory has beenoneofthe highest rated shows on television,in terms of the numberofviewers, in the United States, Canada, and the

11 United Kingdom. Defendant Warner ConsumerProducts stated in a June 5, 2015 press

release that The Big Bang Theory is “Network television’s most-watched comedy among

Adults 18-49 and #1 entertainmentseries among Total Viewers.” The ratings indicate

that certain individual episodes were viewed on CBS by as many as 20 million people in

the United States alone, which number does not includelater viewership of re-runs. On

information andbelief, since 2011, when the off-network syndication began, The Big

Bang Theory has also been one of the most watched re-runs on cable and broadcast

channels.

40. On information and belief, Defendant Warner HomeEntertainment manufactures and sells DVDs of The Big Bang Theory in the United States and other countries.

41. The Big Bang Theory has beenthe subject of one of the largest and most successful global licensing and merchandise programsfor a television series. The merchandising program wasbuilt and managed by Defendant Wamer ConsumerProducts and uses, on information and belief, about seventy (70) licensees around the world, who manufacture andsella large array of products including apparel items, accessories and many other products. Oneofthose licensees, Defendant Ripple Junction, manufactures, sells, and distributes a wide range ofBig Bang Theory merchandise. Theidentities of most of the otherlicensees, distributors and retail outlets are not currently known to

Plaintiffs. On information andbelief, Big Bang Theory products are also sold online at the CBS online store run by Defendants CBS and CBS Consumer Products, at the TBS online store run by defendant Turner Broadcasting, and by otheronline sales channels, including Amazon.

12 Defendants Warner Entertainment and Chuck Lorre Productions Purport to Secure the Rights to the Copyrighted Soft Kitty Lyrics

42, On information andbelief, in about 2007, Defendants Warner

Entertainment and Chuck Lorre Productions decided that they wantedto use the Soft

Kitty Lyrics on the The Big Bang Theory.

43. Oninformation and belief, Defendant Warner Entertainment, knowingthat

the Soft Kitty Lyrics, along with public domain music, were contained in the book Songs

Jor the Nursery School, published by Defendant Willis Music, approached Willis to

request permission to use the Soft Kitty Lyrics on The Big Bang Theory.

44. Subsequently, on information andbelief, in about 2007 Defendant Willis

Music, without contacting the Plaintiffs and withoutPlaintiffs’ authorization, entered into

or facilitated an agreement purporting to authorize Warner Entertainmentto use the Soft

Kitty Lyrics on The Big Bang Theory. Willis Musicstates on its website: “Warner

Brothers and I [Kevin Cranley, the President of Willis Music] worked together to secure

the rights [to the Soft Kitty Lyrics] for the show and they have been using the song ever

since.”

45. Songsfor the Nursery School makesclear on its Acknowledgement page

and on page 27, wherethe lyrics appear, that Edith Newlin was the authorof, and owned the copyrightin, the Soft Kitty Lyrics. Defendants Warner Entertainment and Willis

Music purposefully or recklessly ignoredthe statements in Songsfor the Nursery School that Edith Newlin wasthe creator and ownerofthe copyrightin the Soft Kitty Lyrics.

Defendants’ Extensive Infringing Uses ofPlaintiffs’ Copyright

46. Since 2008, Defendants have used the Soft Kitty Lyrics repeatedly as a recurring themein episodes of The Big Bang Theory, in advertising and promotion

13 connected to the show, and on merchandiseitemslicensed, distributed and/or sold by

Defendants.

47. Defendants have not been authorized by Plaintiffs to make anyofthese

uses, which infringe Plaintiffs’ copyright in the Soft Kitty Lyrics.

48. Defendants have used the Soft Kitty Lyricsin their entirety and with only

a minor change in word order:

Soft kitty, warm kitty [instead of “Warm kitty, soft kitty”, Little ball of fur, Happykitty, sleepy kitty [instead of “Sleepykitty, happy kitty”), Purr! Purr! Purr!

49. The Soft Kitty Lyrics have played a prominentrole in the development

and portrayal of oneofthe central characters in the program, Sheldon Cooper(played by

Jim Parsons), whois presentedasa brilliant scientist with the emotional maturity of a

child. As Sheldon haslet others know in the course of the sitcom, beginning in the

show’sfirst season, his mother sang the Soft Kitty Lyrics to him as a child, andhestill wants them to be sung to him whenheis sick. Sheldon in turn sings the Soft Kitty Lyrics to other characters on the show whoaresick or troubled.

50. The Soft Kitty Lyrics have been usedin their entirety withoutPlaintiffs’ authorization on at least eight episodes of the show:

qd) March 31, 2008, Season 1, Episode 11, “The Pancake Batter

Anomaly”: Penny (the show’s main female character) sings “Soft Kitty” to

Sheldon when hehas a cold.

14 (2) April 27, 2009, Season 2, Episode 21, “The Vegas

Renormalization”: Sheldon demands that Pennysing “Soft Kitty” to him

when he is homesick.

(3) September 21, 2009, Season3, Episode 1, “The Electric Can

Opener Fluctuation”: Pennystarts singing “Soft Kitty” to Sheldon when

he is sad. Sheldoninterrupts her because “sadis not sick.”

4 November 16, 2009, Season3, Episode 8, “The Adhesive Duck

Deficiency”: Penny asks Sheldon to sing “Soft Kitty” to her when sheis

feeling lightheaded. The twothensingit as a round,

(5) September30, 2010, Season 4, Episode 2, “The Cruciferous

Vegetable Amplification”: Penny sings “Soft Kitty” to Sheldon’s Mobile

Virtual Presence Device (Sheldon in robot form) and the two then perform

“Soft Kitty” as a round, with Sheldon playingit on his recorder.

(6) October20, 2011, Season 5, Episode 6, “The Rhinitis Revelation”:

Sheldon’s mothersings “Soft Kitty” to him after he gets sick from being in the rain.

(7) May 2, 2014, Season 6, Episode 22, “The Proton Resurgence”:

Sheldon sings “Soft Kitty” to Professor Proton when theprofessoris in the hospital.

(8) January 29, 2015, Season 8, Episode 13, “The Anxiety

Optimization”: Leonard (the show’s third main character) and Pennysing

“Soft Kitty” to put Sheldonto sleep.

15 51. Defendants havealso used the Soft Kitty Lyrics in their entirety without

Plaintiffs’ authorization as part of their extensive merchandising program. The Soft Kitty

Lyrics have been displayedin their entirety on t-shirts, sweatshirts, hoodies, pajamas,

mouse pads, mobile phonecovers, wallets, air fresheners, refrigerator magnets, singing

plush toys, and other products. With the exception of the singing plush toys, these

merchandise itemsdisplay the complete and verbatim Soft Kitty Lyrics without any

musical accompaniment. This merchandise is sold on the CBS and TBS “Big Bang

Theory”online stores as well as by Defendant Ripple Junction and otherlicensees,

distributors, and sales outlets in the United States and other countries. (Screenshots of

“Soft Kitty” merchandise available at the CBS, TBS and Amazon onlinestores, are

attached, respectively, as Exhibits 4, 5 and 6).

52. On information and belief, Defendants andtheir licensees have exploited

the Soft Kitty Lyrics in other waysthat are not currently knownto Plaintiffs.

53. Defendants have not only willfully infringed Plaintiffs’ copyright in the

Soft Kitty Lyrics, but they also failed on the program, on merchandise,or anywhere else to credit Plaintiffs’ mother, Edith Newlin, as the authorofthe lyrics. Not only did

Defendantsfail to credit Edith Newlin, but they also wentso far as to put a credit on some merchandise and accompanying packaging andtags, makingit appearasif one of the Defendants themselves created the Soft Kitty Lyrics. The credit states: “Written by

Bill Prady.” Bill Prady is a principal of Defendant Chuck Lorre Productions, one of the producers of The Big Bang Theory. (Tags from a plush toy and a t-shirt that feature the

Soft Kitty Lyrics and includethis credit are attached as Exhibit 7).

16 54. In addition, Defendants have used the Soft Kitty Lyrics without authorization to promote and advertise The Big Bang Theory, including, without limitation, the following:

(1) In about November, 2010, defendant CBS conducted a “Soft

Kitty” contest in which fans were asked to “upload 30-second videos of

themselvessinging the ‘Soft Kitty’ song.” The grand prize wasa trip to

LosAngeles for a taping of The Big Bang Theory.

(2) In advertisements for The Big Bang Theory, Defendant CBS has

strung together into a single video the excerpts of the episodes in which

the Soft Kitty Lyrics were performed.

@) In December 2015, defendant Turner Broadcasting has been

running a holiday-season advertisementfor The Big Bang Theory in which

a children’s choir sings the Soft Kitty Lyrics in their entirety. The

advertisementthen cuts to an imageofa cat on stained glass and an end

card promoting The Big Bang Theory.

(4) During promotional presentations for The Big Bang TIheory at three

or more Comic-Con conventions-- in 2010, 2012, and 2015 -- producers

and leading actors from The Big Bang Theory, including Jim Parsons,

Kaley Cuoco and Chuck Lorre, led large audiences in singing the Soft

Kitty Lyrics. According to a Warner ConsumerProducts press release

issued in 2013, Comic-Con,held annually in San Diego,is the “biggest

pop culture convention in the world.”

17 55, The Soft Kitty Lyrics are amongthe best-known and most popularaspects

of The Big Bang Theory. They have becomea signature and emblematic feature of the

show and a central part of the show’s promotion.

Plaintiffs’ Discovery ofDefendants’ Infringement

56. Plaintiffs discovered Defendants’ infringements in August, 2014, when

Plaintiff Elien Newlin Chase, while researching her mother’s history for an article she

was writing, came across a blog post discussing the use of the Soft Kitty Lyrics on The

Big Bang Theory, a program thatthe Plaintiffs had never viewed.

CLAIM FOR RELIEF @irect and Contributory Copyright Infringement Against Defendants)

37. Plaintiffs repeat and re-allege the allegations in paragraphs 1 through 56 of the Complaint.

58. Defendants’ uses of the Soft Kitty Lyrics constitute direct infringementof

Plaintiffs’ exclusive rights of copyrightas set forth in Section 106 of the Copyright Act,

17 U.S.C. § 106, including withoutlimitation infringementofPlaintiffs’ exclusive rights to reproduce the copyrighted work; to prepare derivative works based upon the copyrighted work;to distribute copies of the copyrighted workto the public bysale, license, or other transfer of ownership; to perform the copyrighted work publicly; and to display the copyrighted work publicly. Copyright Act, 17 U.S.C. § 106(1), 106(2),

106(3), 106(4), 106(5).

59. Defendants’ purported authorizations to each other andto others of the right to use Plaintiffs’ copyrighted work constitutes contributory infringement of

Plaintiffs’ exclusive right to authorize use of the copyrighted work asset forth in Section 106 of the Copyright Act, 17 U.S.C. § 106.

18 60. Defendants’ acts of infringement were committed with knowledge or reckless disregard for Plaintiffs’ exclusive rights, and constitute willful infringement of

Plaintiffs’ copyright.

61. Plaintiffs are entitled to recover from Defendants Plaintiff's damages and the profits made by Defendants from their infringements of Plaintiffs’ copyright, or, if

Plaintiffs so elect, statutory damages underSection 504 of the Copyright Act, 17 U.S.C. § 504.

62. Plaintiffs are entitled to recover from Defendantstheir costs, including their attorneys’ fees, under Section 505 of the Copyright Act, 17 U.S.C. § 505.

63. Defendants’ infringements have caused, and will continue to cause, unless enjoined by this Court, irreparable injury to Plaintiffs, who have no adequate remedy at law. Plaintiffs are entitled to preliminary and permanentinjunctions against further acts of infringement by Defendants under Section 502 of the Copyright Act, 17 U.S.C. 502.

PRAYER FOR RELIEF

WHEREFORE,Plaintiffs demand judgment be entered against Defendants for direct and contributory copyright infringementas follows:

(1) Plaintiffs’ actual damages and Defendants’profits attributable to their

infringements of Plaintiffs’ copyright andtheprofits of their agents,

licensees, assigns, and all others acting in concert with them or pursuantto

their authority; or, alternatively, if Plaintiffs so elect, statutory damages

for willful copyright infringement;

(2) Preliminary and permanentinjunctions against continuedacts of

infringement by Defendants and bytheir agents,licensees, assigns, and all

others acting in concert with them or pursuantto their authority;

G) Costs, including attorneys’ fees;

(4) Prejudgmentinterest; and

6) Such other and furtherrelief as this Court may deem just and proper.

Dated: December 28, 2015

/sf David B. Wolf David B. Wolf (DW-2077) DAVIDWOLFLAWplic One Grand Central Place 60 East 42" Street, Suite 4700 New York, NY 10165 Tel, 212.485.9808 Fax 212.485.9809 [email protected]

Zick Rubin (not admitted pro hac vice) Brenda Marshall Ulrich (not admitted pro hac vice) The Law Office of Zick Rubin 288 Walnut Street, Suite 230 Newton, MA 02460 Tel. 617.965.9425 [email protected] [email protected]

Attorneysfor Plaintiffs

20 DEMAND FOR TRIAL BY JURY

Plaintiffs demanda trial by jury onall issuessotriable.

Dated: December 28, 2015

/s/ David B. Wolf David B. Wolf (DW-2077) DAVIDWOLFLAW PLLC One Grand Central Place 60 East 42™Street, Suite 4700 New York, NY 10165 Tel. 212.485.9808 Fax 212.485.9809 [email protected]

Zick Rubin (not admitted pro hac vice) Brenda Marshall Ulrich (not admitted pro hac vice) The Law Office of Zick Rubin 288 WalnutStreet, Suite 230 Newton, MA 02460 Tel. 617.965.9425 [email protected] [email protected]

Attorneysfor Plaintiffs

Page 1 of 4

Exhibit 1 to the Complaint SONGS FOR THE Nursgry SCHOOL

One hundred’ and fifty-nine songs embracing activities for two-year olds, tone games, finger plays, trans- portation, songs about animals, songs about water, songs ofthe seasons, nursery rhymes, songs for rest- time-and an interesting group of twenty-nine miscellaneous songs.

By LAURA PENDLETON MACCARTENEY Illustrations by PETER PERRINE Published by THE WILLIS MUSIC COMPANY CINCINNATI, OHIO

Copyeight, MCMXXXVI, by The Willit Music Co.

Page 2 of 4 Exhibit 1 to the Complaint ACKNOWLEDGEMENTS

The authoris grateful to the following respective copyrights who have so kindly given permission in the preparation of this book: to use the To G. Schirmer, Inc, for “See-Saw,” Hop”, from “This Old Man”, “Sally-Go-Round”, Rote Pieces for Rhythm Band “Hippity- and “Hear by Diller and Page; and “See the Great Green Waves”from How I’m Jumping” To Satis Coleman the First and Second Solo Books and Alice G. Thorne for by Diller and Quaile. and “Marching the use of “Falling Leaves”, “Hallowe'en. Song” from Singing Time, published Song” Company for “Who by John Day Co., Inc. To Has Seen the Wind?” by Christina Macmillan for “Pussy Jumps High! Rossetti, To H. T. FitzSimons Pussy Jumps Low!” from Co. Davis and “Billy Goat's” Pianorhythms, by Lema Marguerite trom Folk Dances of Denmark and Neva Boyd. To the and Sweden by Dagny Pederson American Book Co. for “The Hanual for First Grade Railroad Train” from Forseman’s Music. To Ginn & Co, for Blow”and “Nutting” “Shoes”, “The Hen”, “Blow, by Mary Root Kern from Wind, . TION SERIES. Songs of Childhood, in the MUSIC To J. B. Lippincott Co. Publishers, EDUCA- “It’s Raining for translations of “The on the Town”, “Clocks” and Ducklings”, Picture Book “Bump! Bump! Bump!” from by Heribert and Johannea Gruger. the Sing-Song oo . To Lucy Sprague Mitchell for the words of “Resting Time,” a-ling”. To Roberta Whitehead “Moon, Moon” and “Ding- for the wordsand music of music to “Heigh-Ho, Daisies “The Switching Engine”; ‘the and Buttercups”and thewords “By the Fire Pussy’s Lying”, of “Chase Your Tail, Kitty”, “Hear the Great Green Waves”, ing”, “See How I’m Jumping” “Run,Little Crab”, “Coast- and “Who is Coming ‘in So for the words and music of “Spot”, Late?” To Arthur Herzog, Jr., to “Hush, “Tell Me, Wind”, and “Follow My Baby”andfor the adaptation Me” and for the music Sprague Coolidge of the words of “This Old Man.” for “The Barber.” To Ursula Garland To Elizabeth Cat Ran in the Snow” and for her tranalation of “M N O, The “Bake a Cake.” To, Olive Robb “Tiptoe Aeroplane” and “Swing for “High-Stepping Horses”, High! Swing Low!” To “The Tugboat.” To Edith Irma Simonton for the music Newlin for the words to to “Warm Kitty”, “The Tugboat”, “Airplane Song”, “The Zeppelin”, “The Steam Shovel” and Seymour for the music “Here I Go a-Tiptoe.” To Clair to “Humpty-Dumpty”, and translations Train”, and “Pretty Little Bunny.” of “We're Going on the and To Evelyn Huntfor “Round and “Bye-Low.” To Emilie Bishop Round I’m Turning” To Maurine for “Cymbals”, “Growing Up" D. Burgess for “Mice” and “Scissors” and “The Bugle.” ing, with sccompaniments and for the words and music of the by Emerson Meyers: “Digging follow- “Bears”, “Elephanta”, in the Sand”, “Kiddie Kars”, “Greeting”, “Bouncing”, “Giants”, Candle-stick”, “Around “Duska”, “Jack, Jump Over We Go”, and “Little Engine”. the Monkey Pole.” To Lucy Howard To Esther. K, Morris for “The for her version of “The Monkey Song.” . The author wishes to express her grateful Director of the appreciation to Adelia Boynton National Child Research Center, Washington, Heiney, and advice, and to all the teachers D..C., for her helpful criticism and friends who by their encouragement helped in the making of this book. and interest have .

Printed In the United States of America (ii) Page 3 of 4 Exhibit 1 to the Complaint

| . . 27 46. Warm Kitty ! Fdith Newlin . : English Folk-Tune (Adapted)

Warm kit - ty, soft kit - ty, Lit-~ tle 2 ball of fur,

Sleep - y kit - ty, hap - py kit - ty, Purr! Purr! Purr! * Children curt up on floor, sitting on knees and with head tucked under the backs are soft and round. The by knees, Be aure teacher may roll them orer or they oer, Eveellent. relawing exercine. may roll themsel rex o-

47. By the Fire Pussy’s Lying Roberta Whitehead Russian Folk -Tune ror |r ot? |p By the fire pus-sy’s ly-ing, |Curled up fast a - sleep; i

‘ * FF Leave your toys un - tit to- mer- row, |Hur-ry off to

= * Alternate words "Music's over till fomorrou, Tiptoe get your vhoes — Quick!” W.M.Co. 5627

i : . ; , ; Page 4 of 4 Exhibit 1 to the Complaint Sowa eh,

| COPYRIGHT OFFICE OF THE UNITED STATES OF AMERICA’ / RECORD OF THE FILING OF COPYRIGHT DEPOSITS UNDER THE ACT OF MARCH 4, ‘909 Year.

Thoorsnd CLASS E.—MUSICAL COMPOSITIONS (WU. S. PUBLISHED) And Dats TITLE Ouatuarn, Dara or Powscarton, Bre,

SN ae to the Complaint Page FORM R Application for Registration of a Claim to eee Renetwal Coppright . R cords 840 DO"NOT WRITE HERE

Instructions: Make sure that all applicable spaces have been information as pages 1 and 2, completed but may be carbon copies. before you submit the form. The application must Mail all pages of the application eo the Register be signed at line of Co, y 8 For further information, see page 4. rights, Library of Congress, Washington 25, D. C., together Pages 1 and 2 should be typewritten or printed with Pen with the registration fee of $2, “Make your remittance payable and ink, Pages 3 and 4 should contain exactly the same to the Registe? of Copyrights.

1, Renewal Clalmantis], Address(es), and Statement of Claim: Give the full HAme(s) and mailing address(es} of the claimant(s) of the secewal copyright. Stete the starutory category of each renewal claimant. It must be one of the categories described on page 4.

aWashington..6,..D..Ge

(Use the appropriate statement appe:

et to othe

Claiming as -1e) Title: Give the full title of che work, In the case of music Rive specific instrumentation. hich ; GS. FOR THE es of th) Renewable Matter: 1 the work was a new version of & previous work, renewal may be claimed only in che new matter, If this Hk’ was x new version, state in general the new matter (e. &, axsangement, editing, illustrations, med, translation, etc.) upon which copyright wes

Authorsb of Renewable Matter: Give che names of all authors who contributed copyrightable matter to this version, but not the names of

Exhibit 3 to the Complaint Page I of 2

5. " registration fee is to be charged to a deposit aceount established In the Copyright Office, give name of cecount:

~THE..WITLIS..MUSIC.COMPANY... noes

& gm¢ and address of person or orgenization to whom correspondence ‘or refund, If any, should be sent: Nate 2205 wee 3 Address --. ane 7, Send certificate tb:

(Type oc . print Name THE WILLIS MUSIC COMPANY. name and Instre compl. na) aes AO-Main St, ‘(Numberjumber andand strstreet) be Sit Cincinnatd 2 OHTO and ia 4City? (Zoned (State)

8. Certification: (NOTE: Application not acceptable unless signed)

I CERTIFYthatthe statements imade by me in this application are correctto the best of my knowledge. WPhw Lo . gnature) . fi Application Forms (by Copies of the following forms will be supplied by the Copyright Office without charge upon request. Class A Form A—Published book manufactured in the United States of America, Form A-B Foreign—Bookorperiodical manufactured outside the United States of America Cexcept works subject tos Class A the ad interim provisions of the copyright law). . orB Form A-B Ad Intecim—Book or periodical in the English language manufactured and first published outside th United States of America. te) Form B—Periodical manufactured in the United States of Ametica. Class B { Form BB—Contribution to a periodical manufactured in the United States of America, Class C Form C—~Lecwure or similar production prepared for orai delivery. Class D Form D-—Dramatic or deamatico-musical composition, Form E—Musical composition the author of which is a citizen or domiciliary of the United States of Americaor whi Class E ‘was first published in the United States of America. . : $ Form E Foreiga—Musical composition the author of which is not a citizen or domiciliary of the United States 0 America and which was not first-published in the United States of America. . Class F Form F—Map. Class G Form G—Work of art or a model or design for a work of art. = Class H Form H—Reproduction of a work of art. Class I Form I—Drawing oc plastic work of a scientific or cechnical character. Class J Form J—Photograph. Form K—Print or pictorial illustration, » Class K | Form KK-—Print or label used for an article of merchandise. work ir Class 1. { Form L-M—Motion Picture. or M Form R—Renewal copyright, fap Form U—Notice of use of copyrighted music on mechanical instcuments. 3 Ant FOR COPYRIGHT OFFICE USE ONLY

Application recalved authors JUN 22 1964

Foe recolved Origin,

HE regi

If regiy

Origin

Exhibit 3 to the Complaint Page 2 of 2

SHOWS APPAREL DVDS NEW ARRIVALS BESTSELLERS SALE

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CBS Store > Shows » Primetime » The Big Bang Theary > Soft Kitty

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Sate ~ 88% off Sale ~ 40% aff Exclus The Big Bang Theory Kitty ~ excuse String The Big Bang Theory ‘Soft Kitty’ The Bg Bang Theory Soft Kitty ‘The Big Gang Theory Soft Kitty Lights. Men's T-Shirt Sleepwear Set Pink Women's Junior Fit T-Shirt b

$4.07 ~ BUY NOW $24.95 ~ BUY NOW $23.97 ~ BUY NOW $34.95 - BUY Row

Page 1 of 4 Exhibit 4 to the Complaint

TSSHIRTS SHELDON'S CLOSET. SOFT KITTY. DRINKWARE eeehy eth ito aleety Se VREre

The Big Bang Theory Soft Kitty The Big Bang Theory Soft Kitty The Big Bang Thaory Sing Soft The Big Bang Theory Soft Kitty Mug Women's junior Fit T-Shirt Kitty Women's Junlor Fit T-Shirt Wornan's Hoodie

$146.95 - BUY NOW $24.95 - BUY NOW $24.95 - BUY NOW $29.95 - BUY Now

g ~ . . Excuse ~ Benue The Big Bang Theory Soft Kitty ‘The Big Bang Theory Soft Kitty The Big Bang Theory Soft Kitty The 8ig Bang Theory Kitty Square Women's Robe ‘With Clip Lyric Women’s Hoodie Watch with Two Bands

$84.9% - BUY NOW $12.95 - BUY NOW $48.98 - BUY HOW $27.97 - BUY NOW

Page 2 of 4 Exhibit 4 to the Complaint

‘ BTL

Aeaks Seeee ea19e SOFT:KITTY. Aas Parle)1a DVDS &:B00KS. Baeeee

CES Stace > Showa » Primetime + The Big Bang Theory » Soft kitty > Tha Big Bang Theory Soft Kitty Pink Women’s Junior... EXCLUSIVE THE BIG BANG THEORY SOFT KITTY PINK WOMEN’S JUNIORFIT T- SHIRT $24 95 ‘Wear this bright pink Sig Bang Theory Sott Kitty T-Shitt when you want ta Invoke the warn feeling of comfort emotes trom Shelton’s favorite chidhood song. “Soft Kitty Warm Kitty,” especlally when. Penny sings ft. With the words printed explicitly on the shirt, other Feopkt can sing along. Whether you would want them could ba Gebptable, “Soft kitty. warm kitty, little ball of for, ‘haggy kitty, sleepy Ona Adtty,, puts purr parr.

aRuaad HORE DETARS a Pasaae eRe Pareroriig Buond:colon PineC85 Coniumer Products Fits Stim Fi, We recommand scdaving 1 + 3 stuns up. Genders Women's Mage Of: 00% Catton

Page 3 of 4 Exhibit 4 to the Complaint

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Beesat SHELDON'S CLOSET. SOFT KITTY. DRINKWARE ACCESSORIES: DVOS'S BOOKS else lMeee

CBS Store > Shows > Primetime » The Gig Bang Theory » Soft kitty » The Big Bang Thaory ’Sofk kitty’ Men's T-Shirt THE BIG BANG THEORY ‘SOFT KITTY MEN'S T- SHIRT $24.95 ‘Waar The Gig Bang Theory SoftKitty shirt in slate to see if you can get sympathy of, at least, 2 laugh of two when you'te out ang Aust remember,Yehenever Sheldon gat sick, his mother would singaout, the “Soft Kitty” sang to him, so tt only makes sense that he would make Panny sing It to him now — and that you'd try to make it work tor you, t00, This imported The Big Bang Theory TV show t-shirt in sizes smaf ta X00. and made af 100% cettan fs 3 must-have H you're 2 true fan af The Biz Beng Theory comedy sartes.

MORE DETAILS Brandi CBSConsumer Products dr Colon Blox Mada tn: imported Mads Of: 106% Cotten ‘Weight:

Page 4 of 4 Exhibit 4 to the Complaint resultspage.com/search?ivs softs kittyive-95 7ky=-144—~ TES Shop| Search Results farsoft kitty

21 enramitsteer: Refine Results for. sott Mitty by: [ Category: 2 [centeremail adaress "| ze View Results by: IUList | !22Grd Sort Results by: =

J The Rig Bang Theory itty Square The Big Bang Theory Watch ‘Soft Kitty’ The Blg Rang Theory Soft Kitty with Two Bands Ron's T-Shirt Lyric Women's Hoodia $49.95 $24.98 $40.96 $14.97

The Bly BangTheory Soft Kity ‘The Big Bang Thaory Sing Soft The Big Bang Theory Bont Kity Kitty Women'sdunior Fit T-Shirt Women's Junior Fit T-Shirt suds * &§ $24.95¥ -" The Big BangTheory Soft Kity The Bg BagThaory Sete Kity ‘The Bl Bang Thaory Soft Kitty Wallet and Keychain Stee Woesas $4298 st297 $58.85 i Be ae

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Page 1 of 3 Exhibit 5 to the Complaint

The Big Bang Theory Soft Kitty Lyric Women’s Hoodia $44.07 List Price:$42.68 You Save: $34.98 76% off Stee

Oy BJ GE

For dalivery by December 24, chaoze: » Standard — by 12:00 Pe (EST) Monday, Dec. 21 + 2.day— by 3:00 PM (EST) Tuesday, Doo. 22 A Qverignt — by 3:00 PM (EST) Wednesday, Deo.

+ lntematonal-— by 3:00 PM (EST) Wednesday, Dae. 2

Browseali products trom The Big Bang Theory < 48 0f125 >

WearThe Big Bang Theory Soft Kilty Lyric Women’s Hoodie to remind others of Sheidon's favorite sang, sapectally when Penny sings it. Now, with you front and center, they'll never forgat the words to the song. The sweet and soft kity Is snuggiad amongst tha lyrics, “Soft kitty, warm Adtty, little ball of fur, happy kitty, sleapy Kitty, Burr pult purr”, Just as you Will be in this cozy hoodie, Back to top

Page 2 of 3 Exhibit 5 to the Complaint

The Sig Bang Theory Soft Kitty Women's Junior Fit T-Shirt $2488 Sie

Fordelivery by December 28, chooza: « Standard — by 12:00 PM (GST) Monday, Dos. 21 + 2-day — by 3:00 PM (EST) Tuesday, Deo. 22 . Overignt — by 3:00 PM (EST) Wednesday, ec. + International — by 3:00 PM (EST) Wednesday, Des. 2 Pigase note: The above applies to in-stock items oaly at time of ond: (=) mm

TheBrowseBig allBangproductsTheoryfrom < 400f125 >

Wear the women's The Big Bang Theory t-shirl “Soft Kitty" to remind others of Shaldon's favorite song, especially whan Penny sings It. Now, with you frontand center, theyll nevar forget the ‘wordsto the song. Choose this imported 100% cotton The comfortable fit in sizes small to XL. Big Bang Theory TV show t-shirt fora Back to top

Page 3 of 3 Exhibit 5 to the Complaint

Penn x z Snie ereae ary 4-10 of 4,368 resus for “Soft Kitty Blg Bang Theory"

Showrasults for Ralated Soarchas: big bang theory. Hovey & Morey Customers shopped for “soft big bang theory" I ‘Masia Havery Shinn Pp ‘ety 'g Bang Women's Novelty Tops & Teas: Hovio & TV Fan T-Shirts Movie & TV Fan Accessories | Womants Navolty Pern & Cents + Sea more Men's Fashions Men's Kowelty Shirts Woman'sNovaty Movie & TV Fan Sore Retigerstor Magnets Girls’ Feshton > “ ‘Woman's Fashion > See all 28 De ate wee‘The Ba:ing Theory Soft Kitty Lounge Pants. Big

$24.95 - $38.89 vprime Wetted Refine by Some oe se Prima etgitie FREE stvpping en orders aver $35

81G BANG THEORY ~— SOFT KITTY ~ MENS TEE hy lgpia duration $13.24 - $28.26 fovime ei ea ‘Seme stresioaters ore Prima egbie FREE Sipping on ordars over $35. TeaShinPalace Product Desertation ‘Avg. Gustomar (2g Bang Thoory Sok Kitty Adut Tes T-Shi (Large, Light Pik} Review iothing, Shoes & Jewelry: See of 256 heme Peerervey sup . dedreevesty eup TheBig Bang Theary Soft Kity Adult Tee Shit Sesrsesett sup " eoa up $19.99 52069 Oriere ewe 54 Sema etzasicoters ata Prime edgiite FREE Shippiog on ontorg over Intemational Shipging $35. Product Features “Cl AmaaonGional Blige ‘The Big een Bang Thoovy Saf KatyAchat Tos Shit, Turquoise, Ml Ranitinn ‘Crothing, Shas & Jewelry: See 02 254 teama

Page 1 of 5 Exhibit 6 to the Complaint

feternational Shipping ‘Sheppéng on odors over S35 AmazonGiobat Eigibie Product Features ‘Tha fig Bang Theaty Sot Ky Adua Teo Shut, Turnuniee, Condition Gtothing, Shoes & Jewslry: See af 255 ems ‘The Big Bang Theory Soft Kitty Pink Magnet - 1 Pc. ‘byATA $7.02 Prine Wri oir Gray 11 ef stock - order soon. FREE Shipping on orders over $35 Mora Boying Choices Product Features $4.98 nev (8 otters) Grantfor ne Bly Bang Theery tanat Homa & Kitchen: Ses att 117 noms Taking Soft Kitty Dot by CompunarGear 333.00 $43.09 Prive Yedetrwry - 202 In Stock FREE Shipping on orders over $38 Nore Boying Ghoizes Monotectorer resommendad age:$70 Yoars $35.00 new (4 offers) Product Features -~ then you bring home bis Big Bang Thenry Talking Set Kity Pkash ooh. ‘Toys & Games: Soe 22 62 lems Soft Kitty Big Bang Theory Fleaca Blanket by TaesretPaioos $22.90 ‘Si cif purchase of t Kems See Detats Product Features. .. SaltKityBig Bang Theory Fleaes Market is comfortable and wel Clothing, Shose & Jewelry: Ses at 256 Roms,

Page 2 of 5 Exhibit 6 to the Complaint

Satay ers Office Products Office Duals Printers Inic& Toner Offcw Elactronics ‘School Suppire Fine Wilting School Lists Pana Aviting Caleretars A Planners Stépping & Moving «Both to onarch roufor “Son Key Big Bang They?”

Ata-Boy / The Big Bang Theory Soft Kitty Mouse Pad Sham 2 @ by Atay FREI © 34 customer reviews oie f Ce ee Prico: $10.18 & FREE Shipping on orders aver $38. Datais © Yes, want FREE Iwo-Day Si In Stock. Shipping wih Amazon Prime ‘Want it Friday, Dac. 47 Order within 46 hrs 47 mims and choose One-Day Shippingat checkout. ue “| Cotas ‘Sold by GetteroorBooks end Fultiied by Amazon. ‘Git-wrepavaitabis,. Size: One Size ‘Tam ont {Dick ontario his beoweot

Color: Color Danign 26 Ship to: + Want to add some fait to your work atntian with foonle pop culture graphies? ‘+ You've found just tha thing with thia Big Bang Theory mouse pad NEEDHAM, MA.02492 = ‘Show the world what you think in super cvel anywhere you work - st home,in your office or even : nn GLE) In that deaary cubicle ee Ga ‘+ High quafity mouse pad wid aller that amoath-yot-grippy surtace parfect for proper mouse = deeaeae functioning + Pad measures 8.5" wide by 7" high Other Sailers on Amazon ' — 50 new from $3.99: MONDAYCYBER geeQQ

Page 3 of 5 Exhibit 6 to the Complaint

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Bieaint eeee < Back to search resus for “Salt Kity Big Bang Thea”

Big Bang Theory ~ Soft Kitty Plush Shore ERE by Tho Bg Bang oe - fol reps | Bn the first to raview this tern Oy TY eae List Price: $34.06 : $21.04 + Free Shigping Pricat $21.94 & FREE Shipping Jn Stack. You Save: $19.01 (37%) be Sold by Old Glory In Stock. Estimated Delivery Data: Doc 4 - 9 when you choose Expadited at checkout, Tum on 1Ciek ong Ships from and sald by fd Glory. tr

+ Officiaily Liconsed Merchandise: + Music, Sports & Entertainment Merchandise 7 Ship te: * Quality Products NEEDHAM, MAORd92 + + Dotated Graphic Artwork Design } CvaEoNDAY : Toys 2Games gee sevmweenn (geile)

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Page 4 of 5 Exhibit 6 to the Complaint

Sed cee ierenn Ce Od AmazonFashion WOMEN wen GALS BOYS. BABY LUGGAGE SMES ROEALS YOUR FASHION &.9 S «Baek to naaren reseles for Goth etymens teat

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Page 5 of 5 Exhibit 6 to the Complaint

Page 1 of 3

Exhibit 7 to the Complaint

oe e

Page 2 of 3

Exhibit 7 to the Complaint

Page 3 of 3

Exhibit 7 to the Complaint