Case 2:13-cv-00889-MRP-DTB Document 1 Filed 02/07/13 Page 1 of 24 Page ID #:13 J. Andrew Coombs (SBN 123881) andy((i),coombspc. com 2 Nico1eL. Drey (SBN 250235) [email protected] 3 J. Andrew Coombs, A Prof. Corp. 517 East Wilson Avenue, Suite 202 4 Glendale, California 91206 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 rev 1 3 - 0 8 8 9 I'Y\ ler[ ~I 'I) Warner Bros. Home Entertainment Inc., Case No.: 11 Plaintiff, COMPLAINT FOR COPYRIGHT 12 INFRINGEMENT v. 13 DEMAND FOR A JURy TRIAL Amazon.com Sellers fastmedia; SECRET 14 SALE .. ; dealmakerz; ALLSEASONS; Forlines Warehouse; B&Wc; Ca'pe 15 Breton, and Does 1 through 10, mclusive, 16 Defendants. 17 . 18 Plaintiff Warner Bros. Home Entertainment Inc. ("Warner Bros.") for its 19 Complaint allege as follows: 20 A. Introduction 21 1. Warner Bros. owns exclusive United States distribution rights in various 22 . ! r creative works, including, but not limited to, Chuck, Rizzoli & Isl,~s, The Closer, The 23 Wire, Curb Your Enthusiasm, The Vampire Diaries, Nildta, and Th/ Mentalist ("the 24 Warner Bros. Works"). Each of the Warner Bros. Works is entitled to copyright 25 protection. Defendants, through the online venue Amazon.com, distribute, promote, 26 offer for sale and sell counterfeit copies of the Warner Bros. Works (the "Counterfeit 27 Product"). Warner Bros. is informed and believes and based thereon alleges that this 28 \VanIer Bros. v. Amazon,com Selbrs: Complaint - 1 - Case 2:13-cv-00889-MRP-DTB Document 1 Filed 02/07/13 Page 2 of 24 Page ID #:14 infringement activity is systematic and willful or with reckless disregard of Warner 2 Bros.' intellectual property rights. Warner Bros. asks that this Court enjoin that 3 activity and order Defendants to pay damages pursuant to the Copyright Act of 1976, 4 17 U.S.C. § 101, etseq. (the "Copyright Act."). 5 B. Jurisdiction and Venue 6 2. Plaintiff brings this action pursuant to 17 U.S.C. §§ 101, et seq. The 7 Court has jurisdiction over the subject matter pursuant to 28 U.S.C. § 1331 and § 8 1338(a). 9 3. The events giving rise to the claim alleged herein occurred, among other 10 places, within this judicial district. Venue in the Central District of California is 11 proper pursuant to 28 U.S.C. § 1391(b)and § 1400(a). 12 C. Warner Bros. 13 4. Warner Bros. is a corporation duly organized and existing under the 14 laws ofthe State of Delaware, having its principal place of business in Burbank, 15 California. 16 5. Warner Bros. and certain of its affiliated companies are engaged in a 17 variety of businesses including, without limitation, the production and distribution of 18 motion pictures and television programs. 19 6. Warner Bros. owns exclusive rights under the Copyright Act to the 20 Warner Bros. Works, including the rights to reproduce, distribute or license the 21 reproduction and distribution ofthe motion pictures in video format in the United 22 States, including, but not limited to, those copyrights that are the subject of the 23 copyright registrations which are listed in Exhibit "A," attached hereto, and 24 incorporated herein by this reference. Video format includes, but is not limited to, 25 digital versatile discs ("DVDs") and Blu-ray discs. 26 27 28 WamerBros. v. Amazon,com SeUm: Complaint -2 - Case 2:13-cv-00889-MRP-DTB Document 1 Filed 02/07/13 Page 3 of 24 Page ID #:15 7. The expression and other distinctive features of the Warner Bros. Works 2 are wholly original with Warner Bros., its licensors and/or assignors and, as fixed in 3 various tangible media, are copyrightable subject matter under the Copyright Act. 4 8. Warner Bros. has secured from Warner Bros. Entertainment Inc. and 5 Home Box Office, Inc. the exclusive rights and privileges to reproduce, distribute, or 6 license the reproduction or distribution of the Warner Bros. Works throughout the 7 United States. Warner Bros., its affiliates, licensees and/or assignors have complied in 8 all respects with the laws governing copyright. 9 9. The Warner Bros. Works have been manufactured, sold and/or 10 otherwise distributed in confonnity with the provisions ofthe copyright laws. 11 Warner Bros., its affiliates, licensees andlor assignors have complied with their 12 obligations under the copyright laws, and Warner Bros., in its own right or as 13 successor-in-interest, has at all times been and still is the sole proprietor or otherwise 14 authorized to enforce all right, title and interest in and to the copyrights or to enforce 15 its exclusive rights for home video distribution in each ofthe Warner Bros. Works. 16 D. Defendants 17 10. Defendant Amazon.com Seller fastmedia ("fastmedia") does business 18 on Amazon.com using the seller identity, "fastmedia." The true legal status, identity 19 and residency offastmedia is currently unknown to Warner Bros., but Warner Bros. 20 is informed and believes that Amazon.com will release the true identity offastmedia 21 upon service of a subpoena once legal action has been filed concerning fastmedia. 22 Fastmedia, through his or her Amazon.com user ID and/or Amazon.com store(s), 23 does business in this judicial district through offers and sales of the Counterfeit 24 Product in this judicial district, among other places. 25 11. Defendant Amazon.com Seller ALLSEASONS ("ALLSEASONS") 26 does business on Amazon.com using the seller identity, "ALLSEASONS" The true 27 legal status, identity and residency of ALLSEASONS is cU11'ently unknown to 28 Warner Bros. v. Amazon.com Sen.~rs: Complaint -3 - Case 2:13-cv-00889-MRP-DTB Document 1 Filed 02/07/13 Page 4 of 24 Page ID #:16 Warner Bros., but Warner Bros. is informed and believes that Amazon.com will 2 release the true identity of ALLSEASONS upon service of a subpoena once legal 3 action has been filed concerning ALLSEASONS. ALLSEASONS, through his or 4 her Amazon.com user ID and/or Amazon.com store(s), does business in this judicial 5 district through offers and sales of the Counterfeit Product in this judicial district, 6 among other places. 7 12. Defendant Amazon.com Seller SECRET SALE .. ("Secret") does 8 business on Amazon.com using the seller identity, "SECRET SALE ... " The true 9 legal status, identity and residency of Secret is currently unknown to Warner Bros., 10 but Warner Bros. is informed and believes that Amazon.com will release the true 11 identity of Secret upon service of a subpoena once legal action has been filed 12 concerning Secret. Secret, through his or her Amazon.com user ID and/or 13 Amazon.com store(s), does business in this judicial district through offers and sales 14 of the Counterfeit Product in this judicial district, among other places. 15 13. Defendant Amazon.com Seller dealmakerz ("Deal") does business on 16 Amazon.com using the seller identity, "dealmakerz." The true legal status, identity 17 and residency of Deal is currently unknown to Warner Bros., but Warner Bros. is 18 informed and believes that Amazon.com will release the true identity of Deal upon 19 service of a subpoena once legal action has been filed concerning Deal. Deal, 20 through his or her Amazon.com user ID and/or Amazon.com store(s), does business 21 in this judicial district through offers and sales of the Counterfeit Product in this 22 judicial district, among other places. 23 14. Defendant Amazon.com Seller Forlines Warehouse ("Forlines") does 24 business on Amazon.com using the seller identity, "Forlines Warehouse." The true 25 legal status, identity and residency ofForlines is currently unknown to Warner Bros., 26 but Warner Bros. is informed and believes that Amazon.com will release the true 27 identity ofForlines upon service of a subpoena once legal action has been filed 28 Warner Bros. v. Amazon.com Selbrs: Complaint -4- Case 2:13-cv-00889-MRP-DTB Document 1 Filed 02/07/13 Page 5 of 24 Page ID #:17 concerning Forlines. Forlines, through his or her Amazon.com user ID andlor 2 Amazon.com store(s), does business in this judicial district through offers and sales 3 of the Counterfeit Product in this judicial district, among other places. 4 15. Defendant Amazon.com Seller B&We ("B&W c") does business on 5 Amazon.com using the seller identities, "B&Wc." The true legal status, identity and 6 residency ofB&Wc is currently unknown to Warner Bros., but Warner Bros. is 7 informed and believes that Amazon.com will release the true identity ofB&W c upon 8 service of a subpoena once legal action has been filed concerning B&W c. B&We, 9 through his or her Amazon.com user ID andlor Amazon.com store(s), does business 10 in this judicial district through offers and sales of the Counterfeit Product in this 11 judicial district, arnong other places. 12 16. Defendant Amazon.com Seller Cape Breton ("Cape") does business on 13 Amazon.com using the seller identity, "Cape Breton." The true legal status, identity 14 and residency of Cape is currently unknown to Warner Bros., but Warner Bros. is 15 informed and believes that Amazon.com will release the true identity of Cape upon 16 service of a subpoena once legal action has been filed concerning Cape. Cape, 17 through his or her Amazon.com user ID andlor Amazon.com store(s), does business 18 in this judicial district through offers and sales of the Counterfeit Product in this 19 judicial district, among other places.