Murakami Wolf Swenson Copyright Complaint

7/27/2019 Murakami Wolf Swenson Copyright Complaint

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Bullivant|Houser|Bailey PC

300 Pioneer Tower

888 SW Fifth AvenuePortland, Oregon 97204-2089

Telephone: 503.228.6351

COMPLAINT

Page 1

Michael M. Ratoza, OSB #763010

E-Mail: [email protected] Houser Bailey PC

300 Pioneer Tower

888 SW Fifth Avenue

Portland, Oregon 97204-2089Telephone: 503.228.6351

Facsimile: 503.295.0915

Bridget B. Hirsch, CSB #257015

(pro hac vice to be applied for)

E-Mail: [email protected] N. Figueroa St., No. 412422

Los Angeles, CA 90041

Telephone: (323) 387-3413

Evan S. Cohen, CSB #119601

(pro hac vice to be applied for)

E-Mail: [email protected] South Beverly Drive. Suite 510

Los Angeles, CA 90035-1157

Telephone: (310) 556-9800

Attorneys for PlaintiffMURAKAMI-WOLF-SWENSON, INC.

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

MURAKAMI-WOLF-SWENSON, INC., aCalifornia corporation,

Plaintiff,

v.

LAWRENCE A. COLE, individually and

doing business as ACME-TV; MAGNUM

PRODUCTIONS LLC, an Oregon Domestic

Limited Liability Company; and DOE 1through DOE 100, inclusive,

Defendants.

Civil No.: 3:13-cv-01844

COMPLAINT FOR COPYRIGHT

INFRINGEMENT (17 U.S.C. 101,

ET SEQ.)

JURY TRIAL REQUESTED

Case 3:13-cv-01844-BR Document 1 Filed 10/16/13 Page 1 of 7 Page ID#: 1


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COMPLAINT

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Plaintiff, by its attorneys, for its Complaint against defendants, alleges as follows:

I. JURISDICTION AND VENUE

1. This is a suit for copyright infringement under the United States Copyright Act of

1976, as amended, 17 U.S.C. Sections 101 et seq. (the "Copyright Act"). This Court has subject

matter jurisdiction over this action on the basis of federal question jurisdiction, pursuant to

28 U.S.C. Sections 1331 and 1338(a).

2. Venue is proper in this judicial district pursuant to 28 U.S.C. Section 1400(a), in

that some defendants or their agents reside or may be found in this district.

3. Venue is also proper in this district pursuant to 28 U.S.C. Section 1391(b), in that

a substantial part of the events or omissions giving rise to the claim occurred here.

II. THE PARTIES

4. Plaintiff MURAKAMI-WOLF-SWENSON, INC. (MWS) is a corporation

organized and existing under the laws of the State of California. MWSs principal place of

business is in the County of Los Angeles, State of California. MWS is the successor in interest

to Murakami Wolf Productions, Inc. (MWP). MWP is the author of an audiovisual animated

work entitled The Point. On January 7, 1980, MWP merged into Murakami-Wolf-Swenson

Films, Inc., and underwent a name change to Murakami-Wolf-Swenson, Inc. (i.e., plaintiff

MWS).

5. The Point contains material that is wholly original to MWS and is copyrightable

subject matter under the Constitution and laws of the United States.

6. On January 22, 1987, The Point was registered in the United States Copyright

Office, and was issued Certificate of Registration No. PA 377 022. A copy of that Certificate of

Registration is attached as Exhibit A and is incorporated by reference. MWS succeeded to



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COMPLAINT

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MWPs status as copyright claimant.

7. Plaintiff and its predecessors have placed the statutory copyright notice on all

authorized copies of The Point distributed and sold to the public.

8. Defendant Lawrence A. Cole (COLE) is an individual residing in Portland,

Oregon. At all material times, Defendant COLE operates, maintains and controls a business

known as ACME-TV, which manufactures and sells DVDs. ACME-TV sells DVDs at its store

ACME-TV DVDs in Milwaukie, Oregon, through its website and through on-line retailers, such

as Amazon.com and eBay. Defendant COLE has a direct financial interest in ACME-TV.

9. Defendant MAGNUM PRODUCTIONS LLC was a domestic limited liability

company organized under the laws of Oregon that administratively dissolved on or about

March 22, 2013. Before dissolution, its principal place of business was in Portland, Oregon.

10. Plaintiff is informed and believes, and upon such information and belief alleges,

that ACME-TV was a division of Magnum Productions LLC. Defendant MAGNUM

PRODUCTIONS LLC had a direct financial interest in ACME-TV.

11. Before its dissolution, Defendant COLE was the Manager of MAGNUM

PRODUCTIONS LLC, with responsibility for the operation and management of that corporation

and ACME-TV.

12. In connection with the operation of the ACME-TV, defendants offered for sale

and, on information and belief, did sell unauthorized copies of The Point.

13. Plaintiff sues the defendants identified as DOE 1 through DOE 100, inclusive, on

the grounds that plaintiff is ignorant of the true names and capacities of those fictitiously named

defendants. Plaintiff will seek leave to amend this complaint when the true names and capacities

of those defendants are ascertained.



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14. Each of the named defendants was the agent, employee, partner, joint venturer, or

co-conspirator of each of the other defendants, and was at all times acting within the purpose and

scope of said agency, employment, partnership, joint venture, and conspiracy, and each

defendant has ratified and approved the acts of the remaining defendants.

III.FIRST CAUSE OF ACTION FOR WILLFUL

COPYRIGHT INFRINGEMENT

(By Plaintiff MWS Against All Defendants)

15. Plaintiffs repeat and reallege each of the allegations contained in paragraphs 1

through 14.

16. Plaintiff and its predecessor company have complied in all respects with the

requirements of the Copyright Act and have received a Certificate of Registration from the

Register of Copyrights for The Point bearing number PA 377 022.

17. Within the past three years, defendants began to manufacture and distribute DVD

copies of The Point, without plaintiffs authorization, in its store, on its web site and through on-

line retailers such as Amazon.com and eBay.

18. Defendants have maintained a web site at www.acme-tv.com, which sold, among

other things, pirated and unauthorized DVD copies of The Point. Attached and incorporated by

reference as Exhibit B is a printout of the animated features listed for sale on defendants web

site as of September 6, 2013, which includes a listing for The Point. As of the date of the filing

of this Complaint, the web site no longer lists any DVDs for sale but, rather, re-directs

consumers to defendants product on Amazon.com.

19. On or about November 1, 2012, counsel for plaintiff sent a letter to Amazon.com

advising the retailer that they were offering a pirated and unauthorized version of The Point for

sale by ACME-TV and requesting that the product listing be deleted from all Amazon.com web



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sites. Attached and incorporated by reference as Exhibit C is a copy of the November 1, 2012,

letter from Evan S. Cohen to Amazon.com Legal Department. Shortly thereafter, Amazon.com

removed defendants pirated DVD, and, plaintiff believes, Amazon.com contacted defendants

and informed them that the DVD had been deleted and/or removed from sale on the

Amazon.com website.

20. Despite having notice of plaintiffs objections to the pirated DVD, and despite

having knowledge that plaintiffs work was the subject of a registered copyright, defendants

willfully and deliberately continued to sell the pirated DVD, and, specifically, on eBay.com. On

or about July 5, 2013, plaintiffs agent purchased a DVD copy of The Point from defendants

through eBay. Attached and incorporated by reference as Exhibit D is a true and correct copy of

the front and back of the packaging used on unauthorized DVD copies of The Point that have

been manufactured by defendants and offered for sale by defendants.

21. The packaging attached as Exhibit D demonstrates that defendants market

The Point as an ACME-TV Cartoon Classic and an ACME-TV DVD EXCLUSIVE!

Defendants also attach a false copyright notice, namely, Artwork and other material copyright

2010 by Magnum Productions LLC.

22. Plaintiff is informed and believes, and upon such information and belief alleges,

that others, including some of the defendants identified as DOEs, are willfully offering

unauthorized copies of The Point for sale to the public, and have actually sold unauthorized

copies.

23. Based on the foregoing facts, the acts of defendants constitute willful copyright

infringement of The Point pursuant to 17 U.S.C. 501, in that defendants have infringed upon

MWSs exclusive right to manufacture copies of The Point and distribute copies publicly. Such



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activities of the defendants have been of a willful or wanton nature, are in bad faith, and/or have

been committed with a reckless disregard of plaintiffs rights.

24. Furthermore, plaintiff has issued a license for the manufacture and public

distribution of The Point, and defendants continuing wrongful conduct manufacturing and

selling pirated copies will impede the legitimate manufacture and public distribution of The

Point by plaintiffs licensee and those acting in concert with it.

25. The specific acts of copyright infringement alleged in the Complaint, as well as

defendants entire course of conduct, have caused and are causing plaintiff great and incalculable

damage. By continuing to manufacture and sell unauthorized DVD copies of The Point,

defendants threaten to continue committing copyright infringement. Unless this Court restrains

defendants from committing further acts of copyright infringement, plaintiff will suffer

irreparable injury for which it has no adequate remedy at law.

WHEREFORE, plaintiff prays:

For an award of damages (including damages for willful copyright infringement), the

amount of which to be proven at trial, according to 17 U.S.C. 504; that is, before final

judgment, plaintiff will make an election of remedies pursuant to 504(b), or 504(c);

1. For a preliminary and permanent injunction prohibiting defendants, and theiragents, employees, servants, and anyone else acting in concert with them, from

manufacturing and selling copies of The Point or distributing copies publicly;

2. That defendants be ordered to pay costs, including a reasonable attorney's fee,pursuant to 17 U.S.C. Section 505; and

3. For such other and further relief as is just and equitable.



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Plaintiffs request trial by jury of all issues so triable.

DATED: October 16, 2013.

BULLIVANT HOUSER BAILEY PC

By s/ Michael M. Ratoza

Michael M. Ratoza, OSB No. 763010Telephone: 503.228.6351

Attorneys for Plaintiffs

14298445.1


Murakami Wolf Swenson Copyright Complaint

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