Lil Kim Makeup Lawsuit

8/13/2019 Lil Kim Makeup Lawsuit

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1 Stephen M. Doniger (SBN 179314)

[email protected]

Scott A Burroughs (SBN 235718)

[email protected] W Barrett (SBN 287174)

[email protected] / BURROUGHS APC

300 Corporate Pointe, Suite 355

6 Culver City, California 90230

Telephone: (310) 590-1820

7 Facsimile: (310) 417-3538

8 Web: www.donigerlawfirm.com

9 Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

SAMANTHA RAVNDAHL, an

individual,

Plaintiff,

v

KIMBERLY DENISE JONES,

individually, and doing business as LIL'

KIM ; INTERNATIONAL ROCK STAR

RECORDS, a business entity o form

unknown; WHOSAY, INC., a Delaware

corporation; and DOES 1-10, inclusive,

c ~ j 4 463 Kf rwtCOMPLAINT FOR:

1 COPYRIGHT INFRINGEMENT

2 VICARIOUS AND/ORCONTRIBUTORY COPYRIGHTINFRINGEMENT

3. VIOLATIONS OF THEDIGITAL MILLENNIUMCOPYRIGHT ACT(17 U.S.C. § 1202)

4. MISAPPROPRIATION OFLIKENESS IN VIOLATION OFCAL CIV CODE 3344(a)

Defendants. 5 VIOLATION OF THE VISUALARTISTS RIGHTS ACT OF 1990

Jury Trial Demanded

COMPLAINT



Plaintiff, SAMANTHA RAVNDAHL ( RAVNDAHL ) by and through her

2 undersigned attorneys, hereby prays to this honorable Court for relief based on the

3 following:

4 INTRODUCTION

5 RAVNDAHL is a makeup artist and photographer who created her own brand

6 of unique makeup designs, and photographed those designs for use in a variety of

7 media. One such photograph, which features RA VNDAHL modeling a striking

8 zombie-style makeup design of her own creation, was misappropriated by

9 KIMBERL Y DENISE JONES, acting under her nom de guerre LIL' KIM

10 (hereinafter referred to collectively as LIL' KIM ), and splashed all across the11 internet, including on LIL' KIM s personal and social media sites, to promote LIL'

12 KIM's new work and most recent comeback attempt.

13 Adding insult to injury, RAVNDAHL believes that LIL' KIM, acting through

14 her agent, WHOSAY, INC. ( WHOSAY ), slapped LIL' KIM s name and copyright

15 notice over RAVNDAHL's face and makeup design on RAVNDAHL's photograph

16 before distributing it all over the web. RA VNDAHL reached out to LIL' KIM in an

17 attempt to amicably resolve the matter, but was, unfortunately, dissed by LIL' KIM's

18 camp. Now comes this lawsuit, alleging the following:

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JURISDICTION ND VENUE

1 This action arises under the Copyright Act of 1976, Title 17 U.S.C., §

1 1 et seq

2This Court has federal question jurisdiction under 28 U.S.C. §

1331and

1338 (a) and (b).

3. Venue in this judicial district is proper under 28 U.S.C. § 1391(c) and

1400(a) in that this is the judicial district in which a substantial part of the acts and

omissions giving rise to the claims occurred.27

28 2COMPLAINT



1 P RTIES

2 4. RAVNDAHL is an individual residing in Vancouver, British Columbia,

3 Canada.

4 5. Plaintiff is informed and believes and thereon alleges that Defendant

5 LIL' KIM is an individual o residence unknown that is doing business in and with

6 the state o California. She has also been known to present herself under the aliases

7 Notorious K.I.M. and Queen Bee.


9 INTERNATIONAL ROCK STAR RECORDS ( IRSR ) is a business entity o form

10 unknown that is owned and/or operated by LIL' KIM and doing business in and with11 the state o California.


13 WHOSA Y is a Delaware corporation and is doing business in and with the state o

14 California.

15 8. Defendants DOES 1 through 10 inclusive, are other parties not yet

16 identified who have infringed Plaintiff s copyrights, have contributed to the

17 infringement o Plaintiffs copyrights, or have engaged in one or more o the

18 wrongful practices alleged herein. The true names, whether corporate, individual or

19 otherwise, o Defendants 1 through 10, inclusive, are presently unknown to Plaintiff,

2 which therefore sues said Defendants by such fictitious names, and will seek leave to

21 amend this Complaint to show their true names and capacities when same have been

ascertained.

23 9. Plaintiff is informed and believes and thereon alleges that at all times

24 relevant hereto each o the Defendants was the agent, affiliate, officer, director,

25 manager, principal, alter-ego, and/or employee o the remaining Defendants and was

26 at all times acting within the scope o such agency, affiliation, alter-ego relationship

27 and/or employment; and actively participated in or subsequently ratified and adopted,

28 3COMPLAINT



1 or both, each and all o the acts or conduct alleged, with full knowledge o all the

2 facts and circumstances, including, but not limited to, full knowledge o each and

3 every violation o Plaintiff's rights and the damages to Plaintiff proximately caused

4 thereby.

5 CL IMS REL TED TO ZOMBIE M KEUP IM GE

6 10 Plaintiff created an original image she designated as ZOMBIE MAKEUP

7 IMAGE (the Subject Image ). Within three months o its creation, Plaintiff

8 submitted the Subject Image for registration with the United States Copyright Office.

9 11 Plaintiff's investigation revealed that LIL' KIM was posting, displaying,

10 distributing, and using for marketing and advertisement, Plaintiff's proprietary work.11 Below is a comparison o the Subject Image with the image as appropriated by LIL'

2 KIM ( ACCUSED WORK ). This comparison reveals that the elements,

13 composition, colors, arrangement, layout, and appearance o the images are identical

4 or substantially similar:

15 SUBJECT IM GE CCUSED WORK

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6 12 Prior to the alleged infringement, Plaintiffhad formatted the Subject

27 Image for personal use on her social media accounts, and published the material.

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COMPLAINT



1 13 Plaintiff is informed and believes and thereon alleges that, without

2 Plaintiff s authorization, Defendants, and each o them, used and distributed an image

3 that is identical to, or substantially similar to, the Subject Image as an album cover, in

marketing and advertising, and across various web sites and social media platforms.

5 14 Plaintiff is also informed and believes that LIL' KIM or WHOSAY or

6 both o them added a 2013 Lil' Kim copyright notice and who say watermark to

7 the Subject Image, and did so without the authorization or consent o Plaintiff.

8 15 Plaintiff is informed and believes that LIL' KIM or WHOSA Y or both o

9 them removed from the Subject Image information identifying RAVNDAHL as the

10 author and/or subjecto

the Subject Image.11 16 Plaintiff contacted in writing LIL' KIM in an attempt to amicably resolve

2 this matter, but LIL' KIM failed to adequately respond.

13 17 Plaintiff is informed and believes and thereon alleges that LIL' KIM was

14 at one point a popular recording artist, television personality, and entertainer, and that

15 LIL' KIM is currently recording and distributing and performing music.

16 18 Plaintiff is informed and believes that WHOSA Y is a company that offers

17 to consumers a personalized magazine with authentic content ] featuring celebrity

18 information and images.

19 19 On information and belief, Plaintiff alleges that LIL' KIM is a staunch

20 advocate for intellectual property rights who once complained publicly about fellow

2 performer Nicki Minaj's misappropriation o her (LIL' KIM's) proprietary swag,

22 stating They kind o used me to stamp it, because they knew that they were gonna

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] See http://support whosay comlJaq

5COMPLAINT



1 kinda steal my swag[,] and If you are going to steal my swag, you gonna have to

2 pay.,,2

FIRST CL IM FOR RELIEF

4 (For Copyright Infringement - Against all Defendants, and Each)

5 20. Plaintiff repeats, re-alleges, and incorporates herein by reference as

though fully set forth, the allegations contained in the preceding paragraphs of this

7 Complaint.

8 21. Plaintiff is informed and believes and thereon alleges that Defendants,

9 and each of them, had access to the Subject Image, including, without limitation,

1 through (a) viewing the Subject Image on Plaintiffs social media accounts, includingwithout limitation, Instagram; and/or (b) access to the internet, including without

12 limitation, search engines.

3 22. Plaintiff is further informed and believes and thereon alleges that said

14 Defendant has an ongoing business relationship with one or more of the other

5 Defendants.

16 23. Defendants, and each of them, used and distributed images that were

17 copied from the Subject Image, exploiting said image as an album cover for her IRSR

8 album Dead Gal Walking , and using it in marketing and advertising, and across

19 various personal and social media platforms.


21 and each of them, infringed Plaintiffs copyrights by creating an infringing and/or

22 derivative work from the Subject Image and by distributing the work that infringes

23 the Subject Image to the public, including without limitation, through LIL' KIM's

24 website and social media accounts.

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26 2 See Roberts, Soraya, Lil Kim Black Friday mixtape cover decapitates Nicki

7 Minaj; rapper s ol rival laughs offdiss, New York Daily News, February 16,2011.

28 6COMPLAINT



25. Defendants, and each o them, infringed Plaintiff's rights by copying the

2 Subject Image and by copying RA VNDAHL' s original makeup design, as pictured in

3 the Subject Image, without Plaintiff's authorization or consent.

4 26. Due to Defendants', and each o their, acts o infringement, Plaintiff has

5 suffered general and special damages in an amount to be established at trial.

6 27. Due to Defendants' acts o copyright infringement as alleged herein,

7 Defendants, and each o them, have obtained direct and indirect profits they would

8 not otherwise have realized but for their infringement o Plaintiff's rights in the

9 Subject Image. As such, Plaintiff is entitled to disgorgement o Defendants' profits

10 directly and indirectly attributable to Defendants' infringemento

her rights in the11 Subject Image in an amount to be established at trial.

2 28. Plaintiff requests statutory damages o up to 150,000.00 pursuant to 7

3 U.S.C. 504 for the willful and unlawful use o the Subject Image.


5 and each o their, conduct as alleged herein was willful, reckless, and/or with

16 knowledge, subjecting Defendants, and each o them to enhanced statutory damages

17 and/or a preclusion from deducting certain overhead when calculating disgorgeable

8 profits.

19 SECOND CL IM FOR RELIEF

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(For Vicarious and/or Contributory Copyright Infringement - Against all

Defendants, and Each)


23 though fully set forth, the allegations contained in the preceding paragraphs o this

24 Complaint.

25 31. Plaintiff is informed and believes and thereon alleges that Defendants

26 knowingly induced, participated in, aided and abetted in and profited from the illegal

27 reproduction and distribution o the Subject Image as alleged hereinabove.

28 7COMPLAINT



1 32. Plaintiff is infonned and believes and thereon alleges that Defendants,

and each of them, are vicariously liable for the infringement alleged herein because

3 they had the right and ability to supervise the infringing conduct and because they

4 had a direct financial interest in the infringing conduct.

5 33. By reason of the Defendants', and each of their, acts of contributory and

6 vicarious infringement as alleged above, Plaintiff has suffered and will continue to

7 suffer substantial damages to its business in an amount to be established at trial, as

8 well as additional general and special damages in an amount to be established at trial.

9 34. Due to Defendants' acts of copyright infringement as alleged herein,

10 Defendants, and eachof

them, have obtained direct and indirect profits they wouldnot otherwise have realized but for their infringement ofPlaintiff's rights in the

12 Subject Image. As such, Plaintiff is entitled to disgorgement ofDefendants' profits

3 directly and indirectly attributable to Defendants' infringement ofher rights in the

14 Subject Image, in an amount to be established at trial.

5 35. Plaintiff requests statutory damages of up to 150,000.00 pursuant to 7

16 U.S.C. 504 for the willful and unlawful use of the Subject Image.

17 36. Plaintiff is infonned and believes and thereon alleges that Defendants,

18 and each of their, conduct as alleged herein was willful, reckless, and/or with

19 knowledge, subjecting Defendants, and each of them to enhanced statutory damages

2 and/or a preclusion from deducting certain overhead when calculating disgorgeable

21 profits.

22 THIRD CL IM FOR RELIEF

23 (For Violations of the Digital Millennium Copyright Act (17 U.S.C. §1202

24 Against all Defendants, and Each)


26 though fully set forth, the allegations contained in the preceding paragraphs of this

27 Complaint.

28 8COMPLAINT



1 38. Plaintiff is informed and believes that Defendants, and each o them,

2 violated 7 U.S.C. § 1202 a) and 7 U.S.C. § 1202 b) by: a) knowingly and with the

3 intent to induce, enable, facilitate, or conceal infringement, providing copyright

4 management information on the Subject Image that was false, and distributing

5 copyright management information that was false; and b) intentionally removing

6 and/or altering the copyright management information on the Subject Image, and

7 distributing copyright management information for the Subject Image with

8 knowledge that the copyright management information had been removed or altered

9 without authority o the copyright owner or the law, and distributing and publicly

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displaying the Subject Image, and copieso

the Subject Image, knowing that11 copyright management information had been removed or altered without authority o

12 the copyright owner or the law, and knowing, or, with respect to civil remedies under

3 section 1203, having reasonable grounds to know, that the conduct would induce,

14 enable, facilitate, or conceal an infringement o any right under this title.

5 39.Plaintiffis informed and believes and thereon alleges that Defendants,

16 and each o them, knowingly removed and altered the copyright management

17 information on the Subject Image, and provided copyright management information

18 for the Subject Image that was false.

9 40.Plaintiff is informed and believes and thereon alleges that Defendants

20 knowingly attached a fraudulent copyright notice and attribution to the Subject

21 Image.

22 41. The above conduct is in violation o the Digital Millennium Copyright

23 Act and exposes Defendants, and each o them, to additional and enhanced common

24 law and statutory damages and penalties.

25 42.Plaintiff is informed and believes and thereon alleges that Defendants,


27 knowledge.

28 9COMPLAINT



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1 FOURTH CL IM FOR RELIEF

2 (For Misappropriation o Likeness in Violation o Cal. Civ. Code 3344(a) - Against

3 all Defendants, and Each)

43. Plaintiff repeats, re-alleges, and incorporates herein by reference as


6 Complaint.

7 44. On information and belief, Plaintiff alleges that Defendants, and each o

8 them, knowingly used Plaintiff s likeness and photograph for purposes o advertising

9 or selling, or soliciting purchases of, Defendants , and each o their, products,

10 merchandise, goods, or services, and did so without Plaintiff s prior consent11 45. Plaintiff is informed and believes and thereon alleges that Defendants

2 knowingly used Plaintiffs likeness in the Subject Image in order to advertise and

3 market LIL KIM and her products and services in violation o this law, exposing

14 Defendants, and each o them, to damages, costs, and attorneys fees.



17 knowledge.

18 FIFTH CL IM FOR RELIEF

19 For Violation o the Visual Artists Rights Act o 1990 - Against all

20 Defendants, and Each)



23 Complaint.


25 and each o them, have violated her right to claim authorship o the Subject Image

26 and her right to prevent any intentional distortion, mutilation, or other modification o

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COMPLAINT



1 the Subject Image that would be prejudicial to her honor or reputation, in violation of

2 17 U.S.C.§ 106A.


and each of them, knowingly avoided proper attribution of credit to Plaintiff for her

5 creation of Subject Image, and engaged in improper modification of Plaintiffs

6 Subject Image for personal and pecuniary use, exposing Defendants, and each, to

7 liability for general and special damages.


9 and each of their, conduct as alleged herein was willful, reckless, and/or with

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knowledge.11 PRAYER FOR R LI F

12 Wherefore, Plaintiff prays for judgment as follows:

13 gainst all Defendants and Each:

14 With Respect to Each Claim for Relief:

15 a That Defendants, their agents. and employees be enjoined from

16 infringing Plainti ffs copyrights in any manner, specifically those related

17 to the Subject Image;

18 b That Plaintiff be awarded all profits of Defendants plus all losses of

19 Plaintiff, plus any other monetary advantage gained by the Defendants

20 through their infringement, the exact sum to be proven at the time of

21 trial, or, if elected before final judgment, statutory damages as available

22 under the Copyright Act, 17 U.S.C. § 101 et seq ;

23 c That Plaintiff be awarded its attorneys fees as available under the

24 Copyright Act U.S.C. § 101 et seq.;

25 d That Plaintiff be awarded its costs and fees under the statutes set forth

26 above;

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COMPLAINT



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e That Plaintiff be awarded statutory damages and/or penalties under the

2 statues set forth above;

3 f That Plaintiff be awarded pre-judgment interest as allowed by law;

g That Plaintiff be awarded the costs of this action; and

5 h That Plaintiff be awarded such further legal and equitable relief as the

6 Court deems proper.

7 A TRIAL BY JURY PURSUANT TO FED. R CIV. P 38 AND

8 CONSTITUTIONAL AMENDMENT SEVEN IS HEREBY DEMANDED.

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Dated: January 17 2014

Respectfully submitted

HS apc

By: c _

Scott A Burroughs Esq.

Trevor W Barrett Esq.

Attorney for Plaintiff

2COMPLAINT

Lil Kim Makeup Lawsuit

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