Case 2:20-cv-04735 Document 1 Filed 05/27/20 Page 1 of 9 Page ID #:1
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`Scott Alan Burroughs (SBN 235718)
`scott@donigerlawfirm.com
`Justin M. Gomes (SBN 301793)
`jgomes@donigerlawfirm.com
`DONIGER / BURROUGHS
`603 Rose Avenue
`Venice, California 90291
`Telephone: (310) 590-1820
`Attorneys for Plaintiff
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`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
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`Case No.:
`DENNIS MORRIS, an individual,
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`PLAINTIFF’S COMPLAINT FOR
`Plaintiff,
`COPYRIGHT INFRINGEMENT
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`v.
`JURY TRIAL DEMANDED
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`HIVE MEDIA GROUP, LLC, a Delaware
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`Limited Liability Company, individually
`and doing business as “Trend-
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`Chaser.com” and “PastFactory.com”; and
`DOES 1-10, inclusive,
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`Defendants.
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`COMPLAINT
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`Case 2:20-cv-04735 Document 1 Filed 05/27/20 Page 2 of 9 Page ID #:2
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`Plaintiff, Dennis Morris, by and through his undersigned attorneys, hereby
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`prays to this honorable Court for relief based on the following:
`JURISDICTION AND VENUE
`1.
` This action arises under the Copyright Act of 1976.
`2.
` This Court has jurisdiction under 28 U.S.C. § 1331 and 1338 (a) and (b).
`3.
` Venue is proper under 28 U.S.C. § 1391(c) and 1400(a) because a substantial
`part of the acts and omissions giving rise to the claims occurred here.
`PARTIES
`4.
` Plaintiff is an individual residing in Los Angeles, California.
`5.
` Plaintiff is informed and believes and thereon alleges that Defendant Hive
`Media Group, LLC individually and doing business as “Trend-Chaser.com” and
`“PastFactory.com” (collectively “HIVE”) is an Delaware limited liability company
`with its principal place of business located at 5760 Fleet Street, Suite 220, Carlsbad,
`California 92008, and is doing business in this District.
`6.
` Defendants Does 1 through 10, inclusive, are other parties not yet identified
`who have infringed Plaintiff’s copyrights, have contributed to the infringement of
`Plaintiff’s copyrights, or have engaged in one or more of the wrongful practices
`alleged herein. Their true names, whether corporate, individual or otherwise, are
`presently unknown to Plaintiff, who therefore sues said Defendants by such fictitious
`names, and will seek leave to amend this Complaint to show their true names and
`capacities when same have been ascertained.
`7.
` Plaintiff alleges on information and belief that at all times relevant hereto each
`of the Defendants was the agent, affiliate, officer, director, manager, principal, alter-
`ego, and/or employee of the remaining Defendants and was at all times acting within
`the scope of such agency, affiliation, alter-ego relationship and/or employment; and
`actively participated in or subsequently ratified and adopted, or both, each and all of
`the acts or conduct alleged, with full knowledge of all the facts and circumstances,
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`COMPLAINT
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`Case 2:20-cv-04735 Document 1 Filed 05/27/20 Page 3 of 9 Page ID #:3
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`including, but not limited to, full knowledge of each and every violation of Plaintiff’s
`rights and the damages to Plaintiff proximately caused thereby.
`8.
` Plaintiff is an accomplished and critically acclaimed photographer whose
`compelling work has been featured in Rolling Stone, Time, People, GQ, Vogue, and
`numerous other major publications.
` Plaintiff created and exclusively owns the photography depicted in Exhibit A
`9.
`attached hereto. These works will be called the “Subject Photography” herein.
`10.
` Plaintiff has registered the Subject Photography with the Copyright Office.
`11.
` Defendants, and each of them, have willfully copied, reproduced, displayed,
`and distributed the Subject Photography for financial benefit and without Plaintiff’s
`consent, at and on websites bearing the URL(s) depicted in Exhibit B hereto. Said
`material will be referred to as “Infringing Content” herein.
`12.
` Plaintiff did not consent to said use of the Subject Photography.
`FIRST CLAIM FOR RELIEF
`(For Copyright Infringement – Against all Defendants, and Each)
`13.
` Plaintiff repeats, re-alleges, and incorporates herein by reference as though
`fully set forth, the allegations contained in the preceding paragraphs.
`14.
` Plaintiff alleges on information and belief that Defendants, and each of them,
`accessed the Subject Photography by without limitation, viewing the Subject
`Photography on Plaintiff’s website or social media profiles, on other sites online, or
`in physical publications. The identicality of the copying also shows access.
`15.
` Plaintiff alleges on information and belief that Defendants, and each of them,
`copied, reproduced, displayed, and distributed the Subject Photography online at and
`on websites bearing the URL(s) depicted in Exhibit B hereto.
`16.
` Plaintiff alleges on information and belief that Defendants, and each of them,
`infringed Plaintiff’s copyrights by creating infringing derivative works from the
`Subject Photography and publishing same to the public.
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`COMPLAINT
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`Case 2:20-cv-04735 Document 1 Filed 05/27/20 Page 4 of 9 Page ID #:4
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`17.
` Due to Defendants’, and each of their, acts of infringement, Plaintiff has
`suffered general and special damages in an amount to be established at trial.
`18.
` Due to Defendants’ acts of copyright infringement as alleged herein,
`Defendants, and each of them, have obtained direct and indirect profits they would
`not otherwise have realized but for their infringement of Plaintiff’s rights in the
`Subject Photography. As such, Plaintiff is entitled to disgorgement of Defendants’
`profits directly and indirectly attributable to Defendants’ infringement of Plaintiff’s
`rights in the Subject Photography in an amount to be established at trial.
`19.
` Plaintiff alleges on information and belief that Defendants, and each of them,
`have committed acts of copyright infringement, as alleged above, which were willful,
`intentional and malicious, which further subjects Defendants, and each of them, to
`liability for statutory damages under Section 504(c)(2) of the Copyright Act in the
`sum of up to $150,000.00 per infringement and/or a preclusion from asserting certain
`equitable and other defenses.
`SECOND CLAIM FOR RELIEF
`(For Vicarious and/or Contributory Copyright Infringement – Against all Defendants,
`and Each)
`20.
` Plaintiff repeats, re-alleges, and incorporates herein by reference as though
`fully set forth, the allegations contained in the preceding paragraphs.
`21.
` Plaintiff alleges on information and belief that Defendants knowingly induced,
`participated in, aided and abetted in and profited from the illegal reproduction and
`distribution of the Subject Photography as alleged hereinabove. Such conduct
`included, without limitation, publishing photographs obtained from third parties that
`Defendant(s) knew, or should have known, were not authorized to be published by
`Defendant(s); publishing the Infringing Content on affiliate, third-party, and social
`media sites; and distributing the Infringing Content to third-parties for further
`publication.
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`COMPLAINT
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`Case 2:20-cv-04735 Document 1 Filed 05/27/20 Page 5 of 9 Page ID #:5
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`22.
` Plaintiff alleges on information and belief that Defendants, and each of them,
`are vicariously liable for the infringement alleged herein because they had the right
`and ability to supervise the infringing conduct and because they had a direct financial
`interest in the infringing conduct. Specifically, Defendants, and each of them,
`received revenue in connection with the Infringing Content, and were able to
`supervise the distribution, broadcast, and publication of said content.
`23.
` By reason of the Defendants’, and each of their, acts of contributory and
`vicarious infringement as alleged above, Plaintiff has suffered general and special
`damages in an amount to be established at trial.
`24.
` Due to Defendants’ acts of copyright infringement as alleged herein,
`Defendants, and each of them, have obtained direct and indirect profits they would
`not otherwise have realized but for their infringement of Plaintiff’s rights in the
`Subject Photography. As such, Plaintiff is entitled to disgorgement of Defendants’
`profits directly and indirectly attributable to Defendants’ infringement of their rights
`in the Subject Photography, in an amount to be established at trial.
`25.
` Plaintiff alleges on information and belief that Defendants, and each of them,
`have committed acts of copyright infringement, as alleged above, which were willful,
`intentional and malicious, which further subjects Defendants, and each of them, to
`liability for statutory damages under Section 504(c)(2) of the Copyright Act in the
`sum of up to $150,000.00 per infringement and/or a preclusion from asserting certain
`equitable and other defenses.
`THIRD CLAIM FOR RELIEF
`(For Violations of the 17 U.S.C. §1202 – Against all Defendants, and Each)
`26.
` Plaintiff repeats, re-alleges, and incorporates herein by reference as though
`fully set forth, the allegations contained in the preceding paragraphs.
`27.
` The Subject Photography was routinely published with attribution, credit, and
`other copyright management information identifying Plaintiff as the author,
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`COMPLAINT
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`Case 2:20-cv-04735 Document 1 Filed 05/27/20 Page 6 of 9 Page ID #:6
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` Plaintiff alleges on information and belief that Defendants, and each of them,
`removed Plaintiff’s copyright management information, as described above, from the
`Subject Photography, and/or added false copyright management information to the
`Subject Photography, before distributing and publishing same.
`29.
` Plaintiff alleges on information and belief that Defendants, and each of them,
`distributed and published the Subject Photography at and on websites bearing the
`URL(s) depicted in Exhibit B hereto, under its own name, and removing Plaintiff’s
`attribution information, including without limitation his name and/or metadata.
`30.
` The aforementioned facts concern “copyright management information” as
`that phrase is defined in 17 U.S.C. § 1202(c) and said information on and in the
`Infringing Content is false.
`31.
` When Defendants distributed and published the Subject Photography, they
`knowingly provided and/or distributed false copyright management information in
`violation of 17 U.S.C. § 1202(a). As a result of the foregoing, Plaintiff has been
`damaged and may recover those damages as well as Defendants’ profits, and/or
`statutory damages, and attorneys’ fees under 17 U.S.C. § 1203.
`PRAYER FOR RELIEF
`Wherefore, Plaintiff prays for judgment as follows:
`Against all Defendants, and Each, with Respect to Each Claim for Relief:
`a. That Defendants, and each of them, as well as their employees, agents, or
`anyone acting in concert with them, be enjoined from infringing Plaintiff’s
`copyrights in the Subject Photography, including without limitation an order
`requiring Defendants, and each of them, to remove any content incorporating, in
`whole or in part, the Subject Photography from any print, web, or other
`publication owned, operated, or controlled by any Defendant.
`b. That Plaintiff be awarded all profits of Defendants, and each of them, plus
`all losses of Plaintiff, plus any other monetary advantage gained by the
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`COMPLAINT
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`Case 2:20-cv-04735 Document 1 Filed 05/27/20 Page 7 of 9 Page ID #:7
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`Defendants, and each of them, through their infringement, the exact sum to be proven
`at the time of trial, and, to the extent available, statutory damages as available under
`the 17 U.S.C. § 504 and other applicable law.
`c. That a constructive trust be entered over any revenues or other proceeds
`realized by Defendants, and each of them, through their infringement of Plaintiff’s
`intellectual property rights;
`d. That Plaintiff be awarded his attorneys’ fees as available under the Copyright
`Act U.S.C. § 505 and/or §1203;
`d. That Plaintiff be awarded his costs and fees;
`e. That Plaintiff be awarded statutory and enhanced damages;
`f. That Plaintiff be awarded pre-judgment interest as allowed by law; and
`h. That Plaintiff be awarded further legal and equitable relief as deemed proper.
` Plaintiff demands a jury trial on all issues so triable pursuant to Fed. R.
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`Civ. P. 38 and the 7th Amendment to the United States Constitution.
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` Respectfully submitted,
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`Dated: May 27, 2020
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`By: /s/ Scott Alan Burroughs
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`Scott Alan Burroughs, Esq.
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`Justin M. Gomes, Esq.
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`DONIGER / BURROUGHS
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`For the Plaintiff
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`COMPLAINT
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`Case 2:20-cv-04735 Document 1 Filed 05/27/20 Page 8 of 9 Page ID #:8
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`EXHIBIT A
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`Registration No.: VA0001785966
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`Registration No.: VA0002176758
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`COMPLAINT
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`Case 2:20-cv-04735 Document 1 Filed 05/27/20 Page 9 of 9 Page ID #:9
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`EXHIBIT B
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`https://www.trend-chaser.com/entertainment/the-greatest-hoaxers-of-all-time-with-
`exclusive-zardulu-q-a/?view-all
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`https://www.pastfactory.com/uncategorized/celebs-with-shocking-hidden-criminal-
`pasts-instant/?view-all
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`COMPLAINT
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