Case 2:12-cv-07748-GHK-AJW Document 1 Filed 09/11/12 Page 1 of 42 Page ID #:28 F"IL::::D J. Andrew Coombs (SBN 123881) andyrc4coombspc. com 2 NicoleL. Drey (SBN 250235) "'0Ldll.')~J C'FP II nn"'10 :q.I 6 [email protected] 3 J. Andrew Coombs, A Prof. Corp. CLER:, u.s. DISTRICT COU;;T 517 East Wilson Avenue, Suite 202 CEIHR/,1. 81ST. Of C,\Llf. 4 Glendale, California 91206 LOS /,i-IGELlS Telephone: (818) 500-3200 5 Facsimile: (818) 502-3201 6 Attorneys for Plaintiff Warner Bros. Home Entertainment Inc. 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT ..OF '. CALIFORNIA 10 Warner Bros. Home Entertainment Inc., cas~Y.: 12 ... 774 a-6}/)~\ 11 Plaintiff, COMPLAINT FOR COPYRI6JT ) 12 INFRINGEMENT v. 13 DEMAND FOR A JURy TRIAL Amazon.com Sellers Reneet Gerene, Best 14 Deals Corp, Holmes9709, JASADvDs, ScostaGirf, NTKSolution and 15 J&Benterprise, The Alex Keaton Company, Kyrie Eleison and invigorate! 16 Weil Entewrise, adylove08, and Does throughn: inclusive, 17 (0 Defendants. 18 19 Plaintiff Warner Bros. Home Entertainment Inc. ("Warner Bros.") for its 20 Complaint allege as follows: 21 22 A. Introduction 1. Warner Bros. owns exclusive United States distribution rights in various 23 creative works, including, but not limited to, Shameless, Chuck, One Tree Hill, 24 Rizzoli & Isles, Hung, The Sopranos, The Wire, Nip/Tuck, Boardwalk Empire, 25 Treme, True Blood, Entourage, Band ofBrothers, The Sopranos, Pretty Little Liars, 26 The Pacific, Big Love, Harry Potter and the Sorcerer's Stone, Harry Potter and the 27 28 Chamber ofSecrets, Harry Potter and the Prisoner ofAzkaban, Harry Potter and the Warner Bros. v. Amazon,colll Selcrs: Complaint - 1 - Case 2:12-cv-07748-GHK-AJW Document 1 Filed 09/11/12 Page 2 of 42 Page ID #:29 Goblet a/Fire, Hany Potter and the Order a/the Phoenix, HarryPotter and the 2 Half-Blood Prince,and Harry Potter and the Deathly Hallows Parts I and II ("the 3 Warner Bros. Works"). The Hatry Potter movies were released over a period of ten 4 years and are among the films which secured the highest box office receipts of any 5 films ever released. Each ofthe Warner Bros. Works is entitled,to copyright 6 protection. Defendants, through the online venue Amazon.com, distribute, promote, 7 offer for sale and sell counterfeit copies ofthe Warner Bros. Works (the "Counterfeit 8 Product"). Warner Bros. is informed and believes and based thereon alleges that this 9 infringement activity is systematic and willful or with reckless disregard of Warner 10 Bros.' intellectual property rights. Warner Bros. asks that this COUli enjoin that 11 activity and order Defendants to pay damages pursuant to the Copyright Act of 1976, 12 17 U.S.C. § 101, et seq. (the "Copyright Act."). 13 B. Jurisdiction and Venue 14 2. Plaintiff brings this action pursuant to 17 U.S.C. §§ 101, et seq. The 15 Court has jurisdiction over the subject matter pursuant to 28 U.S.C. § 1331 and § 16 1338(a). 17 3. The events giving rise to the claim alleged herein occurred, among other 18 places, within this judicial district. Venue in the Central District of California is 19 proper pursuant to 28 U.S.C. § 1391(b) and § 1400(a). 20 C. Warner Bros. 21 4. Warner Bros. is a corporation duly organized and existing under the 22 laws of the State of Delaware, having its principal place of business in Burbank, 23 California. 24 5. Warner Bros. and cetiain of its affiliated companies are engaged in a 25 variety of businesses including, without limitation, the production and distribution of 26 motion pictures and television programs. 27 28 Warner Bros. V. Amazon,com Sellers: Complaint -2 - Case 2:12-cv-07748-GHK-AJW Document 1 Filed 09/11/12 Page 3 of 42 Page ID #:30 1 6. Warner Bros. owns exclusive rights under the Copyright ACt to the 2 Warner Bros. Works, including the rights to reproduce, distribute or license the 3 reproduction and distribution of the motion pictures in video format in the United 4 States, including, but not limited to, those copyrights that are the subject of the 5 copyright registrations which are listed in Exhibit "A," attached hereto, and 6 incorporated herein by this reference. Video fonnat includes, but is not limited to, 7 digital versatile discs ("DVDs") and Blu-ray discs. 8 7. The expression and other distinctive features of the Warner Bros. Works 9 are wholly original with Warner Bros., its licensors and/or assignors and, as fixed in 10 various tangible media, are copyrightable subject matter under the Copyright Act. 11 8. Warner Bros. has secured from Warner Bros. Entertainment Inc. and 12 . Home Box Office, Inc. the exclusive rights and privileges to reproduce, distribute, or 13 license the reproduction or distribution of the Warner Bros. Works throughout the 14 United States. Warner Bros., its affiliates, licensees and/or assignors have complied in 15 all respects with the laws governing copyright. 16 9. The Warner Bros. Works have been manufactured, sold and/or 17 otherwise distributed in conformity with the provisions of the copyright laws. 18 Warner Bros., its affiliates, licensees and/or assignors have complied with their 19 obligations under the copyright laws, and Warner Bros., in its own right or as 20 successor-in-interest, has at all times been and still is the sole proprietor or othelwise 21 authorized to enforce all right, title and interest in and to the copyrights or to enforce 22 its exclusive rights for home video distribution in each of the Warner Bros. Works. 23 D. Defendants 24 10. Defendant Amazon.com Seller Reneet Gerene ("RG") does business on 25 Amazon.com using the seller identity, "Reneet Gel·ene." The true legal status, 26 identity and residency ofRG is currently unknown to Warner Bros., but Warner 27 Bros. is informed and believes that Amazon.com will release the true identity ofRG 28 Warner Bros, v. Amazon.com SeIlers:,Complaint -3 - Case 2:12-cv-07748-GHK-AJW Document 1 Filed 09/11/12 Page 4 of 42 Page ID #:31 upon service of a subpoena once legal action has been filed concetning RG.RG, 2 through his or her Amazon.com user ID and/or Amazon.com store(s), does business 3 in this judicial district through offers and sales ofthe Counterfeit Product ill this 4 judicial district, among other places. 5 11. Defendant Amazon.com Seller Best Deals Corp ("BDC") does business 6 on Amazon.com using the seller identity, "Best Deals Corp." The tme legal status, 7 identity and residency ofBDC is currently unknown to Watner Bros., but Watner 8 Bros. is informed and believes that Amazon.com will release the tme identity of 9 BDC upon service of a subpoena once legal action has been filed concerning BDC. 10· BDC, through his or her Amazon.com user ill and/or Amazon.com store(s), does 11 business in this judicial district through offers and sales of the Counterfeit Product in 12 this judicial district, among other places. 13 12. Defendant Amazon. com Seller Holmes9709 ("Holmes") does business 14 on Amazon.com using the seller identity, "Holmes9709." The tme legal status, 15 identity and residency of Holmes is currently unknown to Warner Bros., but Watner 16 Bros. is informed and believes that Amazon.com will release the tme identity of 17 Holmes upon service of a subpoena once legal action has been filed concetning 18 Holmes. Holmes, through his or her Amazon.com user ill and/or Amazon.com 19 store(s), does business ill this judicial district through offers and sales ofthe 20 Counterfeit Product in this judicial district, among other places. 21 13. Defendant Amazon.com Seller JASADvDs ("JASA") does business on 22 Amazon.com using the seller identity, "JASADvDs." The tme legal status, identity 23 and residency of JASA is currently unknown to Watner Bros., but Watner Bros. is 24 informed and believes that Amazon.com will release thetme identity of JASA upon 25 service of a subpoena once legal action has been filed concerning JASA. JASA, 26 through his or her Amazon.com user ill and/or Amazon.com store(s), does busilless 27 28 . Warner Bros. v. Amazon.com Sellers: Complaint -4- Case 2:12-cv-07748-GHK-AJW Document 1 Filed 09/11/12 Page 5 of 42 Page ID #:32 1 in this judicial district through offers and sales of the Counterfeit Product in this :2 judicial district, among other places. 3 14. Defendant Amazon.com Seller ScostaGirl ("SG") does business on 4 Amazon.com using the selleridentity, "ScostaGirl." The true legal status, identity 5 and residency of SG is currently unknown to Warner Bros., but Warner Bros. is 6 infOlmed and believes that Amazon.com will release the true identity of SG upon 7 service of a subpoena once legal action has been filed concerning SG. SG, through 8 his or her Amazon.com user IDand/or Amazon.com store(s), does business in this 9 judicial district through offers and sales of the Counterfeit Product in this judicial 10 district, among other places. It 15. Defendant Amazon.com Seller NTKSolution and J&Bentelprise 12 ("NTK") does business on Amazon.com using the seller identities, "NTKSolution" 13 and "J&Benterprise." The true legal status, identity and residency ofNTK is 14 currently unknown to Warner Bros., but Warner Bros. is informed and believes that 15 Amazon.com will release the true identity ofNTK upon service of a subpoena once 16 legal action has been filed concerning NTK. NTK, through his or her Amazon.com 17 user ID and/or Amazon.com store(s), does business in this judicial district through 18 offers and sales of the Counterfeit Product in this judicial district, among other 19 places.