Movie Tube
Movie Tube
Movie Tube
Plaintiffs
v.
JOHN DOES, JANE DOES and/or XYZ
CORPORATIONS d/b/a MOVIETUBE; and
JOHN DOES, JANE DOES and/or XYZ
CORPORATIONS 2-100.
Defendants.
ring of at least twenty-nine (29) websites (the MovieTube Websites, listed below), whose
purpose is to profit from the infringement of copyrighted works, including those of Plaintiffs.
2.
Plaintiffs own and/or control the copyrights and/or the relevant exclusive rights
under United States copyright law (Plaintiffs Copyrights) in numerous motion pictures and/or
television program works (Plaintiffs Works). Defendants, through the MovieTube Websites,
infringe Plaintiffs exclusive rights to the public performance, distribution and public display of
Plaintiffs Worksincluding those newly released and still in cinemaby: streaming
unauthorized copies (Infringing Copies) of Plaintiffs Works; allowing users, in some
instances, to download Infringing Copies; and marketing the Infringing Copies by displaying for
each Infringing Copy of a television program or motion picture, its title, principal cast and
director, plot synopsis, IMDB rating, promotional posters or key art and/or a playable preview
video. Plaintiffs bring this action to protect their valuable copyrights and trademarks from
Defendants rampant infringement.
3.
Defendants openly admit that their actions constitute piracy and fill a demand
hidden their identities by providing false publicly accessible WHOIS domain name registration
information, in violation of ICANN (the Internet Corporation for Assigned Names and Numbers)
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and registrar policies, and/or have concealed their identities by hiding behind proxy or
privacy registration surrogates, for the domain names of the MovieTube Websites.
To halt Defendants illegal activities, Plaintiffs bring this action for direct and
secondary copyright infringement under the Copyright Act, 17 U.S.C. 501, et seq.; trademark
infringement arising under Section 32 of the Lanham Act, 15 U.S.C. 1114(1)(a); and unfair
competition and false designation of origin arising under Section 43(a) of the Lanham Act, 15
U.S.C. 1125(a).
7.
the MovieTube Websites and for expedited document discovery; a permanent injunction; an
award of actual or statutory damages; treble damages or profits; pre-judgment interest; attorneys
fees and costs; and/or any other relief the Court may deem proper, pursuant to 17 U.S.C. 503,
et seq. and 15 U.S.C. 1117, et seq.
THE PARTIES
8.
under the laws of Delaware, having its principal place of business at 5555 Melrose Avenue, Los
Angeles, California 90038 (Paramount).
9.
under the laws of Delaware, having its principal place of business at 4000 Warner Boulevard,
Burbank, California 91522 (Warner Bros.).
10.
existing under the laws of Delaware, having its principal place of business at 10201 West Pico
under the laws of Delaware, having its principal place of business at 10202 West Washington
Boulevard, Culver City, CA 90232 (Columbia Pictures).
12.
Plaintiff Universal City Studios LLC is a limited liability company organized and
existing under the laws of Delaware, having its principal place of business at 100 Universal City
Plaza, Universal City, California 91608.
13.
company organized and existing under the laws of Delaware, having its principal place of
business at 100 Universal City Plaza, Universal City, California 91608 (collectively with
Universal City Studios LLC, Universal).
14.
Plaintiff Disney Enterprises, Inc. is a corporation organized and existing under the
laws of Delaware, having its principal place of business at 500 South Buena Vista Street,
Burbank, California 91521 (DEI).
15.
Defendants John Does, Jane Does and/or XYZ Corporations d/b/a MovieTube
conjunction with additional Defendants John and Jane Does and XYZ Corporations 2-100,
whose identities and numbers are not presently known.
17.
Plaintiffs will amend this Complaint when and if further information regarding
The Court has original jurisdiction over this action pursuant to 28 U.S.C. 1331,
1332 and 1338(a) and (b); and 15 U.S.C. 1116 and 1121.
19.
302(a)(1), (a)(3)(i) and/or (a)(3)(ii) because the unlawful conduct complained of herein has
caused, and continues to cause, injury to Plaintiffs within this District. Defendants (i) regularly
conduct, solicit, and/or transact business in this District via their MovieTube Websites, and have
solicited consumers in this District; (ii) advertise, promote, market, publicly perform and
distribute Infringing Copies to consumers within this District; (iii) derive substantial revenue in
interstate and/or international commerce; and (iv) regularly and systematically direct electronic
activity into the State of New York through their fully interactive MovieTube Websites with the
intention, and for the purpose, of engaging in business within this District.
20.
Defendants are entities or individuals subject to personal jurisdiction in this District and because,
under 28 U.S.C. 1391(b)(2), a substantial part of the events giving rise to these claims arose
and/or occurred in this District.
BACKGROUND FACTS
21.
Plaintiffs, directly or through their affiliates, are among the leading motion picture
and television studios in the world, and are responsible for developing, producing, distributing,
exhibiting, performing or causing to be exhibited and performed, and licensing to others in the
United States and throughout the world, the rights to distribute, exhibit and perform many of the
worlds most popular motion pictures and television programs.
22.
reproduction, publication and/or distribution rights to countless Plaintiffs Works, some of which
are infringed by Defendants, including for illustrative purposes those listed in Exhibit A hereto.
The copyrights for the works listed in Exhibit A are registered with the United States Copyright
Office or have been preregistered.
23.
Each of the Plaintiffs owns the entire right, title and interest in and to certain valid
and subsisting trademarks, service marks, and/or design marks (Plaintiffs Marks), many of
which have become incontestable under Section 15 of the Lanham Act, 15 U.S.C. 1065, for use
in connection with various types of goods and services, including the types of goods and services
that are the subject of this Complaint. An illustrative list of trademarks is contained in Exhibit B
hereto.
Defendants Infringing Conduct
A. Operation of the MovieTube Websites
24.
Defendants operate and control the MovieTube Websites under the brand name
embedded links to extensive libraries of Infringing Copies of Plaintiffs Works. Users of the
MovieTube Websites can stream these Infringing Copies using (i) video player software supplied
by and built into the MovieTube Websites; and/or (ii) embedded viewing windows of third-party
video players. Either way, users can watch Infringing Copies without leaving the MovieTube
Websites. The MovieTube Websites even allow users, in some instances, to download
Infringing Copies by clicking on a selection from a menu built into the video player software
supplied by Defendants.
26.
The MovieTube Websites are closed websites that do not allow users to make
additions or changes to the websites or the content within them. In other words, Defendants do
not allow users to determine what content is or is not aggregated, organized, streamed or made
available for viewing through embedded links on the MovieTube Websites. All content
streamed from the MovieTube Websites is selected, aggregated, organized, streamed and made
available for viewing by the MovieTube Websites operatorsDefendantsonly.
B. Defendants Marketing of the MovieTube Websites
27.
Works on the MovieTube Websites through social media platforms, including their Facebook
account and Twitter feed.
28.
categories and indexes, as well as search bars (for those who know what they want), on the
MovieTube Websites (e.g., comedy, action, drama, etc.). Additionally, each Infringing Copy is
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given its own page (hereafter Feature Page) on each MovieTube Website, where users can see
the title, principal cast and director, plot synopsis, IMDB rating, promotional posters or key art
and/or a playable preview video.
29.
MovieTube Websites. These ads are served by one or more of these advertising service
providers: AdCash, Propeller Ads Media, MGID and Matomy Media Group.
30.
MovieTube Websites through various methods. For example, Defendants promote the
MovieTube Websites by integrating links to social media platforms so users can like, share
and tweet about the MovieTube Websites and/or specific Infringing Copies available on the
MovieTube Websites. Additionally, each Feature Page (i.e., each page devoted to a single
Infringing Copy on the MovieTube Website) includes embedded Facebook comments in which
users can and often do discuss the Infringing Copy and its quality.
31.
Defendants also promote the MovieTube Websites through the use of meta-tags
and keywords designed to maximize the MovieTube Websites visibility and priority in search
results from Internet search engines. For example, the meta-tag for description in the source
code of each MovieTube Website reads: MovieTube is the No.1 site to watch newly released
movies and tv series. It has the largest movie database, fastest streaming speed, and its 100%
free! Defendants promotion also includes the use of searchable keywords to describe
Infringing Copies as Newly Released, in HD, In Cinema, and/or Newly Added to draw
users to the MovieTube Websites.
C. Inter-Related Network of Infringing Websites
32.
Defendants convey that the MovieTube Websites are under common ownership
MovieTube Websites contains links to other MovieTube Websites and advises users to choose
other MovieTube Websites based on geography. Tellingly, the United States is always the first
country listed.
33.
apparent from the facts that: they often share common and/or strikingly similar WHOIS
registration information; they feature similar website design and layout; they use common metatags in their source code; they are hosted on common IP addresses with common web hosting
service providers and domain name registrars; and much of the same inventory of television
program and motion picture content and related informationincluding posters, key art and
preview videosis available across the various MovieTube Websites.
COUNT ONE
DIRECT COPYRIGHT INFRINGEMENT
34.
Plaintiffs repeat and reallege the allegations above as if fully set forth herein.
35.
exclusive rights under copyright, Plaintiffs are entitled to damages and Defendants profits
pursuant to 17 U.S.C. 504(b), in amounts to be proven at trial, which are not currently
ascertainable.
39.
amount of $150,000 for each of Plaintiffs copyrighted works that Defendants have infringed, or
for such other amounts as may be proper under 17 U.S.C. 504(c).
40.
Plaintiffs further are entitled to their attorneys fees and full costs pursuant to 17
U.S.C. 505.
41.
As a direct and proximate result of Defendants acts and conduct, Plaintiffs have
sustained and will continue to sustain substantial, immediate and irreparable injury, for which
there is no adequate remedy at law. Unless enjoined and restrained by this Court, Defendants
will continue to infringe Plaintiffs exclusive rights in Plaintiffs Copyrights. Plaintiffs are
entitled to preliminary and permanent injunctive relief.
COUNT TWO
SECONDARY INFRINGEMENT OF COPYRIGHT
42.
Plaintiffs repeat and reallege the allegations above as if fully set forth herein.
43.
Plaintiffs exclusive rights of reproduction, distribution, public performance, and public display
have been infringed in violation of the Copyright Act, 17 U.S.C. 106 and 501.
44.
among other means: (i) promoting within the MovieTube Websites the presence and availability
of Infringing Copies, including Infringing Copies of motion pictures still in theaters and
therefore not yet available to the public for home or personal entertainment, which Defendants
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tout by using terms such as In Cinema, Newly Released, and/or Newly Added; (ii)
promoting through Facebook, Twitter and other social media platforms the presence and
availability on the MovieTube Websites of Infringing Copies, including through posters and key
art that include Plaintiffs Marks, titles and logos, many of which are well-known by the public
to belong to Plaintiffs; (iii) promoting the MovieTube Websites through the use of meta-tags and
keywords designed to maximize the MovieTube Websites visibility and priority in Internet
search engine results; and (iv) frequently updating their inventory of Infringing Copies to
maintain copies of current well-known and widely popular motion pictures and television
programs.
45.
Plaintiffs Works and cause and/or materially contribute to that infringement. Defendants are
well aware of the worldwide popularity and renown of Plaintiffs brands, Plaintiffs Marks and
Plaintiffs Works, and Defendants even openly admit the content on the MovieTube Websites
constitutes piracy and fills a demand for copyright infringing content.
46.
creation, organization and curation of the MovieTube Websites and their streamingthrough
video player software selected and supplied by Defendants or the embedding of third-party
playersof Infringing Copies, with the object of promoting and causing unlawful public
performances and/or reproductions of Plaintiffs Works.
47.
Defendants are the sole operators of the MovieTube Websites. They have
designed and populated the sites and are entirely responsible for their contents. The sites cannot
be changed or reprogrammed or populated by anyone other than Defendants.
48.
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Plaintiffs Works. Defendants offer of popular, copyrighted works attracts vast numbers of
users to the MovieTube Websites, and the heavy traffic on the MovieTube Websites in turn
attracts advertisers, yielding increasing revenue.
49.
exclusive rights under copyright, Plaintiffs are entitled to damages and Defendants profits
pursuant to 17 U.S.C. 504(b), in amounts to be proven at trial, which are not currently
ascertainable.
51.
amount of $150,000 for each of Plaintiffs Works that Defendants have infringed, or for such
other amounts as may be proper under 17 U.S.C. 504(c).
52.
Plaintiffs further are entitled to their attorneys fees and full costs pursuant to 17
U.S.C. 505.
53.
As a direct and proximate result of Defendants acts and conduct, Plaintiffs have
sustained and will continue to sustain substantial, immediate and irreparable injury, for which
there is no adequate remedy at law. Unless enjoined and restrained by this Court, Defendants
will continue to infringe Plaintiffs exclusive rights in Plaintiffs Works. Plaintiffs are entitled to
preliminary and permanent injunctive relief.
COUNT THREE
FEDERAL TRADEMARK INFRINGEMENT
(15 U.S.C. 1114)
54.
Plaintiffs repeat and reallege the allegations above as if fully set forth herein.
55.
Plaintiffs Marks and the goodwill of the businesses associated with them in the
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United States and throughout the world are of great and incalculable value. The Marks are
highly distinctive, and have become universally associated in the public mind with Plaintiffs
Works and Plaintiffs related products and services.
56.
well-known and prior rights in Plaintiffs Marks, Defendants have advertised, promoted,
marketed, publicly performed and distributed Infringing Copies to consumers in the United
States and throughout the world and profited from those activities by selling advertising space on
the MovieTube Websites, in direct competition with Plaintiffs distribution of genuine Plaintiffs
Works.
57.
Defendants MovieTube Websites and the attendant availability of Infringing Copies is likely to
cause and is causing confusion, mistake and deception among the general purchasing public as to
the origin of the Infringing Copies, and such use is likely to and does deceive the public into
believing the Infringing Copies originate from, are associated with or are otherwise authorized
by Plaintiffs, all to the damage and detriment of Plaintiffs reputation and goodwill.
58.
Plaintiffs have no adequate remedy at law, and if Defendants activities are not
enjoined, Plaintiffs will suffer and continue to suffer irreparable harm and injury to their
respective goodwill and reputations.
59.
on the goodwill associated with Plaintiffs Marks to Plaintiffs great and irreparable injury.
60.
Defendants are causing and are likely to cause substantial injury to the public and
to Plaintiffs. Plaintiffs are entitled to injunctive relief and to recover Defendants profits, treble
damages, costs, and reasonable attorneys fees under 15 U.S.C. 1114, 1116, and 1117.
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COUNT FOUR
UNFAIR COMPETITION AND FALSE DESIGNATION OF ORIGIN
(15 U.S.C. 1125(a))
61.
Plaintiffs repeat and reallege the allegations above as if fully set forth herein.
62.
The Infringing Copies provided by Defendants are of the same nature and type as
Plaintiffs Works, and, as such, Defendants use of Plaintiffs Marks is likely to cause confusion
to the general public.
63.
misrepresent and falsely describe to the general public the origin and source of the Infringing
Copies and create a likelihood of confusion by consumers and others as to the source of such
merchandise.
64.
marketing, public performance and distribution of Infringing Copies to consumers in the United
States and throughout the world and its profit from those activities by selling advertising space
on the MovieTube Websites creates express and implied misrepresentations that the Infringing
Copies were created, authorized or approved by Plaintiffs, all to Defendants profit and to
Plaintiffs great damage and injury.
65.
Defendants aforesaid acts are in violation of Section 43(a) of the Lanham Act, 15
U.S.C. 1125(a), in that Defendants use of Plaintiffs Marks, in connection with Defendants
goods, in commerce, constitutes a false designation of origin and unfair competition.
66.
Plaintiffs have no adequate remedy at law, and if Defendants activities are not
enjoined, Plaintiffs will continue to suffer irreparable harm and injury to their goodwill and
reputation, and to the goodwill and reputation of Plaintiffs Marks.
67.
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Defendants are causing and are likely to cause substantial injury to the public and
to Plaintiffs, and Plaintiffs are entitled to injunctive relief and to recover Defendants profits,
treble damages, costs, and reasonable attorneys fees under 15 U.S.C. 1114, 1116, and 1117.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray for judgment against Defendants as follows:
1.
That Defendants, their officers, agents, servants, employees, and any persons in
active concert or participation with them be permanently enjoined and restrained from:
a. Hosting, linking to, distributing, reproducing, copying, uploading, making
available for download, indexing, displaying, exhibiting, publicly performing,
communicating to the public, streaming, transmitting, or otherwise exploiting or
making any use of any Infringing Copy of any of Plaintiffs Works or any
portion(s) thereof in any form;
b. Taking any action that directly or indirectly enables, facilitates, permits, assists,
solicits, encourages or induces any user or other third party (i) to copy, host,
index, reproduce, download, stream, exhibit, distribute, communicate to the
public, upload, link to, transmit, publicly perform, or otherwise use or exploit in
any manner any of Plaintiffs Works or portion(s) thereof; or (ii) to make
available any of Plaintiffs Works for copying, hosting, indexing, reproducing,
downloading, streaming, exhibiting, distributing, communicating to the public,
uploading, linking to, transmitting, publicly performing, or for any other use or
means of exploitation;
c. Using Plaintiffs Marks or any reproduction, counterfeit, copy or colorable
imitation of Plaintiffs Marks in connection with the distribution or advertising of
any unauthorized copies of Plaintiffs Works;
d. Committing any acts calculated to cause users to believe that the Infringing Copies
are authorized copies distributed, sponsored by, approved by, connected with,
guaranteed by, or distributed under the control and/or supervision of Plaintiffs;
e. Otherwise infringing Plaintiffs Works, Plaintiffs Marks, and/or damaging
Plaintiffs goodwill;
f. Transferring or performing any function that results in the transfer of the
registration of the domain names of the MovieTube Websites to any other
registrant or registrar; and
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That Defendants, within thirty (30) days after service of judgment with notice of
entry thereof upon it, be required to file with the Court and serve upon Plaintiffs a written report
under oath setting forth in detail the manner in which Defendants have complied with Paragraph
1 of this Prayer for Relief, supra.
3.
or any subset of these domain names specified by Plaintiffs, be disabled by the appropriate
domain name registries, including but not limited to VeriSign, Inc., Neustar, Inc., Afilias
Limited, Nominet UK, and Public Interest Registry, and/or the registrars holding or listing one or
more of the domain names of the MovieTube Websites (the Registries and/or Registrars).
4.
That the Registries and/or Registrars be required to transfer the domain names
associated with Defendants MovieTube Websites, or any subset of these domain names
specified by Plaintiffs, to a registrar to be appointed by Plaintiffs to re-register the domain names
in respective Plaintiffs names and under Plaintiffs respective ownership.
5.
That content delivery networks and domain name server systems be required to
cease providing services to the MovieTube Websites and/or domains identified with the
MovieTube Websites and disable any access to caches they maintain for the MovieTube
Websites and destroy any caches they maintain for the MovieTube Websites.
6.
That third parties providing services used in connection with any of the
MovieTube Websites and/or domain names for MovieTube Websites, including without
limitation, web hosting providers, cloud services providers, digital advertising service providers,
search-based online advertising services (such as through paid inclusion, paid search results,
sponsored search results, sponsored links, and Internet keyword advertising), domain name
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registration privacy protection services, providers of social media services (e.g., Facebook and
Twitter), and user generated and online content services (e.g., YouTube, Flickr and Tumblr) be
required to cease or disable providing such services to (i) Defendants in relation to Infringing
Copies or infringement of Plaintiffs Marks; and/or (ii) any and all of the MovieTube
Websites.
7.
That the transfer of Defendants assets arising from or related to the MovieTube
Websites and/or infringement of Plaintiffs Works and Plaintiffs Marks be restricted as ordered
by the Court.
8.
by reason of Defendants unlawful acts herein alleged, and that the amount of damages for
infringement of Plaintiffs Marks be increased by a sum not exceeding three times the amount
thereof as provided by law.
9.
statutory damages in the amount of $150,000 for each of Plaintiffs Works that Defendants have
infringed or for such other amounts as may be proper pursuant to 17 U.S.C. 504(c), and
maximum statutory damages of $2,000,000 for each of Plaintiffs Marks infringed by each
Defendant.
10.
That Plaintiffs be awarded their costs and reasonable attorneys fees incurred in
this action.
11.
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12.
That Plaintiffs have such other and further relief as the Court may deem equitable,
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