Case 2:21-cv-08979 Document 1 Filed 11/16/21 Page 1 of 22 Page ID #:1
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`BART H. WILLIAMS (SBN 134009)
`bwilliams@proskauer.com
`KYLE A. CASAZZA (SBN 254061)
`kcasazza@proskauer.com
`SETH H. VICTOR (SBN 329341)
`svictor@proskauer.com
`ALYSON C. TOCICKI (SBN 336179)
`atocicki@proskauer.com
`PROSKAUER ROSE LLP
`2029 Century Park East, Suite 2400
`Los Angeles, CA 90067-3010
`Telephone: (310) 284-4520
`Facsimile: (310) 557-2193
`
`JEFFREY D. NEUBURGER (applying for pro hac vice admission)
`jneuburger@proskauer.com
`WAI L. CHOY (applying for pro hac vice admission)
`wchoy@proskauer.com
`PROSKAUER ROSE LLP
`Eleven Times Square
`New York, NY 10036
`Telephone: (212) 969-3000
`Facsimile: (212) 969-2900
`
`Attorneys for Plaintiff,
`MIRAMAX, LLC
`
`
`UNITED STATES DISTRICT COURT
`CENTRAL DISTRICT OF CALIFORNIA
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`
`
` Case No. ____________
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`COMPLAINT FOR
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`1. BREACH OF CONTRACT
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`2. COPYRIGHT
`INFRINGEMENT
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`TRADEMARK
`3.
`INFRINGEMENT
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`4. UNFAIR COMPETITION
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`DEMAND FOR JURY TRIAL
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`
`MIRAMAX, LLC,
`
`
`Plaintiff,
`
`
`vs.
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`QUENTIN TARANTINO; VISIONA
`ROMANTICA, INC.; and DOES 1–50,
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`Defendants.
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`COMPLAINT
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`Case 2:21-cv-08979 Document 1 Filed 11/16/21 Page 2 of 22 Page ID #:2
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`1. Eager to cash in on the non-fungible token (“NFT”) boom, as widely
`reported in the media, Quentin Tarantino recently announced plans to auction off
`seven “exclusive scenes” from the 1994 motion picture Pulp Fiction in the form of
`NFTs. According to the official website for the sale, https://tarantinonfts.com/,
`“[t]he collection holds secrets from Pulp Fiction,” and “[e]ach NFT contains one or
`more previously unknown secrets of a specific iconic scene from Pulp Fiction.” The
`“privileged” purchasers “will get a hold of those secrets.”
`2. Tarantino kept his Pulp Fiction NFT plans secret from Miramax, his
`long-time financier and collaborator on multiple critically and commercially
`successful films, including Pulp Fiction, Jackie Brown, and Kill Bill: Volumes 1
`and 2. He made no efforts to contact Miramax prior to his coordinated press
`campaign, despite having what were likely extensive negotiations with third parties
`to develop and sell the NFTs.
`3. The fact that Tarantino kept Miramax out of the loop is particularly
`problematic because he granted and assigned nearly all of his rights to Pulp Fiction
`(and all its elements in all stages of development and production) to Miramax in
`1993, including the rights necessary for the “secrets from Pulp Fiction” that he
`intends to sell. Tarantino’s limited “Reserved Rights” under the operative
`agreements are far too narrow for him to unilaterally produce, market, and sell the
`Pulp Fiction NFTs.
`4. Upon learning of Tarantino’s plan, Miramax sent him a cease and desist
`letter setting forth, in great detail, Tarantino’s disregard of Miramax’s broad rights
`to Pulp Fiction. Wrongly claiming that his narrow Reserved Rights are sufficient,
`Tarantino remains undeterred and has refused to comply with Miramax’s demands
`to cancel the sale of Pulp Fiction NFTs.
`5. Days after being told to cease and desist, Tarantino’s initial plans to sell
`NFTs relating to Miramax’s intellectual property intensified and expanded.
`According to a promotional Twitter account for the sale, @TarantinoNFTs, the Pulp
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`Case 2:21-cv-08979 Document 1 Filed 11/16/21 Page 3 of 22 Page ID #:3
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`Fiction NFTs, which will include scans of some pages of the Pulp Fiction script,
`will be sold in December 2021, and Tarantino will also sell “the Artifacts Collection
`of up to ten iconic props from Tarantino’s films,” including “one from Pulp
`Fiction.” The account is using an animated scene from another Miramax film, Kill
`Bill: Vol. 2, as well as unauthorized images and graphics from or relating to Pulp
`Fiction, to promote the sale.
`6. Tarantino’s conduct has forced Miramax to bring this lawsuit against a
`valued collaborator in order to enforce, preserve, and protect its contractual and
`intellectual property rights relating to one of Miramax’s most iconic and valuable
`film properties. Left unchecked, Tarantino’s conduct could mislead others into
`believing Miramax is involved in his venture. And it could also mislead others into
`believing they have the rights to pursue similar deals or offerings, when in fact
`Miramax holds the rights needed to develop, market, and sell NFTs relating to its
`deep film library.
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`THE PARTIES
`7.
`Plaintiff Miramax, LLC is a Delaware limited liability company with
`its principal place of business in Los Angeles, California.
`8. Defendant Quentin Tarantino, upon information and belief, is a United
`States citizen who currently resides in Israel. On information and belief, Tarantino
`owns a home and multiple businesses within Los Angeles, California, including the
`New Beverly Cinema and the Vista Theatre.
`9. Defendant Visiona Romantica, Inc. is a California corporation with its
`principal place of business in Los Angeles, California. On information and belief,
`during all relevant times, Tarantino acted as an authorized agent of Visiona
`Romantica, Inc., which is his loan-out corporation and of which he is the founder
`and CEO.
`10. The true names and capacities, whether individual, corporate, associate,
`or otherwise, of DOES 1 through 50, inclusive, are unknown to Miramax, who
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`therefore sues said Defendants by such fictitious names and will ask leave to amend
`the Complaint to show their true names and capacities when they have been
`ascertained. Miramax is informed and believes and thereon alleges that each of the
`Defendants designated herein as DOE is responsible in some manner for the events
`and happenings referred to in this Complaint.
`JURISDICTION AND VENUE
`11. This Court has subject matter jurisdiction over Miramax’s federal
`copyright infringement, trademark infringement, and unfair competition claims
`pursuant to 28 U.S.C. §§ 1331, 1338(a), 17 U.S.C. § 501(b), and 15 U.S.C. §1121,
`and supplemental jurisdiction over Miramax’s breach of contract claim relating to
`and arising from the same set of facts as Miramax’s federal claims pursuant to 28
`U.S.C. § 1367.
`12. This Court has personal jurisdiction over Quentin Tarantino given both
`Tarantino’s continuous and systematic affiliations with the forum state, including
`his ownership interests in a home and multiple businesses, and his specific conduct
`at issue in this lawsuit. Tarantino also consented to personal jurisdiction of this
`Court pursuant to the June 23, 1993 Original Rights Agreement. See ¶¶ 19-22; Ex.
`A (Original Rights Agreement), ¶ 29.
`13. This Court has personal jurisdiction over Visiona Romantica, Inc.
`because it is incorporated in California and has an office located at 11812 San
`Vicente Boulevard, 4th Floor, Los Angeles, California, 90049.
`14. Venue is proper under 28 U.S.C. §§ 1391(b) and (c) because Defendants
`are both subject to personal jurisdiction within this district, and because a substantial
`part of the events giving rise to Miramax’s claims occurred here.
`TARANTINO’S GRANT OF RIGHTS TO MIRAMAX
`15. Miramax is a global film and television studio best known for its award-
`winning and original content.
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`16. Miramax’s unrivaled library of more than 700 titles has received 278
`Academy Award® nominations and 68 Oscars®, including four Best Picture
`awards. Miramax’s Pulp Fiction (1994) is one of the most influential films in
`history.
`17. Pulp Fiction won the prestigious Palme d’Or at the 1994 Cannes Film
`Festival. The film went on to gross over $213,000,000 at the worldwide box office
`(which would be hundreds of millions of dollars more, if adjusted for inflation), and
`garnered widespread critical acclaim in the process. Pulp Fiction was Miramax’s
`first major release following the independent studio’s acquisition by Disney, and
`Miramax’s success in developing, marketing, and distributing Pulp Fiction was a
`watershed moment for independent films and spawned countless imitators eager to
`replicate Miramax’s results.
`18. Pulp Fiction was written and directed by Quentin Tarantino, and
`produced by Lawrence Bender, in collaboration with Brown 25 Productions, Inc.
`(“B25 Productions”).
`19. Effective as of June 23, 1993, Tarantino and Bender entered into an
`agreement (the “Original Rights Agreement”) with Miramax Film Corp.,
`predecessor in interest to Miramax,1 “relating to the production and financing” of
`Pulp Fiction “and the acquisition by Miramax of the Film.” See Ex. A (Original
`Rights Agreement).
`20. Under the Original Rights Agreement, Tarantino and Bender granted to
`Miramax, in exchange for valuable consideration, in perpetuity throughout the
`universe, “all rights (including all copyrights and trademarks) in and to the Film
`(and all elements thereof in all stages of development and production) now or
`hereafter known including without limitation the right to distribute the Film in all
`media now or hereafter known (theatrical, non-theatrical, all forms of television,
`
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`1 The Complaint refers to both Miramax entities as “Miramax,” as Miramax, LLC acquired the
`rights at issue from Miramax Film Corp. through a series of transactions.
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`Case 2:21-cv-08979 Document 1 Filed 11/16/21 Page 6 of 22 Page ID #:6
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`home video, etc.),” excluding only a limited set of “Reserved Rights” which were
`reserved to Tarantino as an individual. Ex. A, ¶¶ 2-4.
`21. Tarantino’s Reserved Rights were limited to the “soundtrack album,
`music publishing, live performance, print publication (including without limitation
`screenplay publication, ‘making of’ books, comic books and novelization, in audio
`and electronic formats as well, as applicable), interactive media, theatrical and
`television sequel and remake rights, and television series and spinoff rights.” Id.,
`¶ 2. Those Reserved Rights were further “subject to restrictions set forth
`elsewhere” in the Original Rights Agreement, including Miramax’s rights of first
`negotiation and last matching rights with respect to certain deals. Id., ¶¶ 2, 9.
`22. While Miramax’s rights include “all rights . . . now or hereafter known
`. . . in all media now or hereafter known,” Tarantino’s Reserved Rights, which are
`a narrowly-drafted, static exception to Miramax’s broad, catch-all rights, do not
`contain any forward-looking language. Tarantino’s Reserved Rights do not
`encompass any rights or media that were not known at the time of the Original
`Rights Agreement.
`23. As of July 10, 1993, Tarantino and B25 Productions entered into a letter
`agreement regarding Pulp Fiction (the “B25 Agreement”), under which Tarantino
`granted B25 Productions the right to acquire certain of his rights “in, to, and
`underlying the original screenplay.” See Ex. B (B25 Agreement). Pursuant to the
`Original Rights Agreement, this transfer required Miramax’s consent.
`24. In a letter to Tarantino’s counsel also dated as of July 10, 1993,
`Miramax consented to Tarantino’s “transfer of certain rights” pursuant to the B25
`Agreement, subject to the conditions that “nothing contained in the [B25
`Agreement] shall diminish or derogate from the rights granted to Miramax under
`the [Original Rights Agreement],” and “[i]n the event of any conflict between the
`[B25 Agreement] and the [Original Rights Agreement], the [Original Rights
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`Agreement] shall control.” See Ex. C (Miramax Limited Consent Letter). Neither
`Tarantino nor Tarantino’s counsel refuted or rejected Miramax’s letter.
`25. Tarantino, Bender, B25 Productions, and Miramax also signed a letter
`agreement written by B25 Productions (the “B25 Productions Letter”),
`acknowledging that the rights granted by Tarantino to B25 Productions in the B25
`Agreement “are not inconsistent with the rights granted by Tarantino to Miramax
`under the [Original Rights Agreement].” See Ex. D (B25 Productions Letter), ¶ 2.
`The B25 Productions Letter also acknowledged that upon delivery of Pulp Fiction
`and Miramax Films’ related payment, Miramax would “acquire all of [B25
`Productions’] rights in and to the Picture (other than any rights [B25 Productions]
`may have in any Tarantino Reserved Rights) . . . .” Id., ¶ 4.
`26. Notwithstanding the B25 Productions Letter, on July 15, 1993,
`Tarantino executed a notarized assignment (the “Tarantino-Miramax Assignment”)
`dated as of June 23, 1993, for the benefit of Miramax, in which Tarantino assigned
`to Miramax the:
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`sole and exclusive right under copyright, trademark or otherwise to
`distribute, exhibit and otherwise exploit all rights (other than the
`[Tarantino Reserved Rights]) in and to the motion picture entitled
`“Pulp Fiction” (the “Work”) (and all elements thereof in all stages
`of development and production) now or hereafter known including,
`without limitation, the right to distribute the Work in all media now
`or hereafter known (theatrical, non-theatrical, all forms of television
`and “home video”) in perpetuity, throughout the Universe, as more
`particularly set forth and upon and subject to the terms and
`conditions in [the Original Rights Agreement].
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`Ex. E (Tarantino-Miramax Assignment).
`27. Under the Tarantino-Miramax Assignment, Tarantino also agreed “to
`secure or cause to be secured all United States copyrights in and to the Work,
`including renewals thereof, if applicable, and hereby assigns the rights under said
`renewal copyrights to [Miramax] . . . .” Id. The Tarantino-Miramax Assignment
`was recorded with the U.S. Copyright Office on August 6, 1993 as document
`number V2917P169.
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`28. Consistent with the Original Rights Agreement, in the Tarantino-
`Miramax Assignment, Tarantino again reserved rights only to the “soundtrack
`album, music publishing, live performance, print publication (including, without
`limitation, screenplay publication, ‘making of’ books, comic books and
`novelization, in audio and electronic formats as well, as applicable), interactive
`media, theatrical and television sequel and remake rights, and television series and
`spinoff rights.” Id.
`29. On September 3, 1993, despite having already assigned to Miramax sole
`and exclusive rights to Pulp Fiction (other than his Reserved Rights) under the
`Original Rights Agreement and the Tarantino-Miramax Assignment, Tarantino
`purported to assign to B25 Productions, in a Short-Form Assignment Agreement
`executed only by Tarantino (the “Void Tarantino-B25 Assignment”) “all rights
`(other than [Tarantino’s Reserved Rights] and those certain distribution rights in the
`motion picture project currently entitled ‘Pulp Fiction’ . . . granted to Miramax Film
`Corp.) . . . in, to, and underlying the original screenplay . . . .” Ex. F (Void
`Tarantino-B25 Assignment). Miramax was not involved with the Void Tarantino-
`B25 Assignment in any way, and did not consent to it.
`30. On September 27, 1993, B25 Productions executed a notarized Notice,
`dated as of September 20, 1993, acknowledging the terms of the Original Rights
`Agreement and Miramax’s broad rights under it.
`31. In addition to the rights Miramax acquired from Tarantino in the
`Original Rights Agreement and the Tarantino-Miramax Assignment, as of July 1,
`1994, B25 Productions executed an Instrument of Transfer granting to Miramax “all
`rights of any kind and nature whatsoever in all media (other than [Tarantino’s
`Reserved Rights]), in and to the theatrical motion picture currently entitled ‘PULP
`FICTION’ (the ‘Picture’) and as further specified in [the Original Rights
`Agreement, as amended] . . . for any and all media and by any means whether now
`known or hereafter devised throughout the entire universe” (the “B25 Instrument of
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`Transfer”), which was recorded with the U.S. Copyright Office on July 14, 1994 as
`Document Number V3005P270.
`32. Having completed its purpose of producing Pulp Fiction, delivering the
`film to Miramax, and assigning to Miramax all of B25 Productions’ rights relating
`to Pulp Fiction and all its elements in all stages of development and production
`(including, without limitation, all versions of the screenplay), excluding Tarantino’s
`Reserved Rights, B25 Productions was dissolved on January 8, 1996.
`33. Among its broad rights to Pulp Fiction, Miramax owns various
`registered and unregistered trademark rights in the name “PULP FICTION,”
`including, without limitation, a United States registered trademark with Serial
`Number 85883773 and Registration Number 5581017 (the “Pulp Fiction Mark”),
`as well as the valid and subsisting United States copyrights registered with the U.S.
`Copyright Office with Registration Numbers PA0000704507 and VA0001224051.
`34. In line with these rights, Miramax has continuously used the Pulp
`Fiction Mark in commerce throughout the United States in connection with the sale,
`marketing, advertising, and promotion of a wide array of goods relating to Pulp
`Fiction. Examples include the following:
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`Case 2:21-cv-08979 Document 1 Filed 11/16/21 Page 11 of 22 Page ID #:11
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`TARANTINO’S INFRINGING CONDUCT
`35. On November 2, 2021, Secret Network (a.k.a. SCRT Labs) issued a
`press release2 (the “Press Release”) announcing that Tarantino “will auction off 7
`uncut Pulp Fiction Scenes as Secret NFTs.”
`36. An NFT (or non-fungible token) is a unique, non-fungible digital asset
`recorded on a blockchain (a type of distributed ledger) that can, as in the case of the
`Pulp Fiction NFTs, represent and certify its owner’s right to, and enable its owner
`to, access specific digital content associated with the NFT.
`37. Despite the sweeping rights granted to Miramax under the Original
`Rights Agreement, the Tarantino-Miramax Assignment, and the B25 Instrument of
`Transfer, Tarantino did not consult Miramax regarding his sale of the Pulp Fiction
`NFTs.
`38. The Press Release also noted that the initial auctions would “occur on
`OpenSea, the world’s largest NFT marketplace” and described the Pulp Fiction
`NFTs as containing “one-of-a-kind” content that had “never been seen or heard
`before, . . . includ[ing]: the uncut first handwritten scripts of ‘Pulp Fiction’ and
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`2 https://www.globenewswire.com/news-release/2021/11/02/2325448/0/en/Quentin-Tarantino-
`Revealed-as-Iconic-Artist-Behind-First-Ever-Secret-NFTs-Showcasing-Never-Before-Seen-
`Work-Revealed-Only-to-NFT-Owner.html
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`exclusive custom commentary from Tarantino, revealing secrets about the film and
`its creator.” Moreover, according to the Press Release, even “[t]he public metadata
`of the NFT – the ‘front cover’ of this exclusive content – is rare in its own right.”
`In other words, each of the seven Pulp Fiction NFTs would be “a unique, never-
`before-seen, public-facing work of art.”
`39. Tarantino publicly expressed his excitement around the Pulp Fiction
`NFTs, and was quoted in the Press Release as being “excited to be presenting these
`exclusive scenes from PULP FICTION to fans.” He also reportedly announced the
`Pulp Fiction NFTs at the NFT.NYC crypto-art conference in New York City on
`November 2, 2021.3 The substance of the Press Release and Tarantino’s
`announcement were widely reported in the media.
`40. In collaboration with SCRT Labs, Tarantino established a website
`promoting the Pulp Fiction NFTs: https://tarantinonfts.com/ (the “Website”). The
`promotional website prominently uses the film’s name, “Pulp Fiction,” and uses
`unauthorized images of characters from the film: Jules Winnfield (played by Samuel
`L. Jackson), Vincent Vega (played by John Travolta), and Mia Wallace (played by
`Uma Thurman).
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`3 https://news.artnet.com/art-world/quentin-tarantino-is-minting-seven-pulp-fiction-scenes-as-
`nfts-that-will-reveal-secrets-about-his-vision-for-the-film-2029816
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`41. According to the Website, “[t]he collection holds secrets from Pulp
`Fiction, one of the most influencing artworks of the ’90s. Each NFT contains one
`or more previously unknown secrets of a specific iconic scene from Pulp Fiction.
`The privileged person who will purchase one of these few and rare NFTs will get a
`hold of those secrets and a glimpse into the mind and the creative process of Quentin
`Tarantino.” The site notes that Tarantino “is enamored with Pulp Fiction – a
`timeless creation, and as such wanted to give the public a new glimpse into the
`iconic scenes of the film.”
`42. In short, Defendants seek to capitalize, unilaterally, on Miramax’s
`rights to Pulp Fiction. Defendants’ infringing acts have caused and are likely to
`cause confusion, mistake, and deception among the relevant consuming public as to
`the source of the Pulp Fiction NFTs, and have deceived and are likely to deceive
`the relevant consuming public into believing, mistakenly, that the Pulp Fiction
`NFTs originate from, are associated or affiliated with, or are otherwise authorized
`by Miramax.
`TARANTINO’S REFUSAL TO STOP THE UNLAWFUL CONDUCT
`43. On November 4, 2021, Miramax sent a cease and desist letter to
`Tarantino asserting, inter alia, Miramax’s rights (subject only to Tarantino’s
`Reserved Rights) in Pulp Fiction, including, without limitation, all versions of the
`screenplay (including all scenes and elements thereof, regardless of whether they
`were filmed and/or incorporated into the film) (the “Cease & Desist Letter”). The
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`Cease & Desist Letter also put Tarantino on notice that his purported licensing of
`rights to develop and sell the Pulp Fiction NFTs constitutes a material breach of the
`Original Rights Agreement, as well as copyright infringement.
`44. In the Cease & Desist Letter, Miramax demanded that Tarantino (i)
`immediately discontinue and terminate any and all efforts to offer and/or make
`available for sale and/or sell any Pulp Fiction NFTs or any other elements of Pulp
`Fiction, (ii) to the extent that Tarantino has entered into any agreement therefor,
`that it be immediately withdrawn and terminated, and (iii) issue a public statement
`that the previously announced launch and sale of the Pulp Fiction NFTs is cancelled
`and will not proceed. The Cease & Desist Letter also demanded that Tarantino
`provide a copy of any agreement(s) entered into by Tarantino relating to the sale of
`the Pulp Fiction NFTs and confirmation of their termination.
`45. The next day, Tarantino’s counsel emailed Miramax, confirming
`several statements from the Press Release, namely, that the Pulp Fiction NFTs
`would be a “collection consisting of 7 NFTs, each containing a high-resolution
`digital scan of Quentin’s original handwritten screenplay pages for a single scene
`from his screenplay for Pulp Fiction.”
`46. According
`there would be “no other
`to Tarantino’s counsel,
`embellishment or additions to the actual screenplay scans themselves.” However,
`each NFT will include a “drawing that will be inspired by some element from the
`scene.” Tarantino’s counsel has contended that Tarantino was acting within his
`“Reserved Rights,” specifically the right to “screenplay publication” (which is
`written in the definition of Tarantino’s Reserved Rights as a subset of his “print
`publication” Reserved Right). However, the proposed sale of a few original script
`pages or scenes as an NFT is a one-time transaction, which does not constitute
`publication, and in any event does not fall within the intended meaning of “print
`publication” or “screenplay publication.” The right to sell NFTs of such excerpts
`
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`COMPLAINT
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`Case 2:21-cv-08979 Document 1 Filed 11/16/21 Page 15 of 22 Page ID #:15
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`of any version of the screenplay to Pulp Fiction is owned and controlled by
`Miramax.
`47. Days after being told to cease and desist, Tarantino’s plans to sell NFTs
`relating to Miramax’s intellectual property intensified and expanded. On November
`11, 2021, a Twitter account for the sale—@TarantinoNFTs—announced, with
`unauthorized images of characters from Pulp Fiction, that the Pulp Fiction NFTs
`will be sold in December 2021, and that Tarantino will also sell “the Artifacts
`Collection of up to ten iconic props from Tarantino’s films,” including “one from
`Pulp Fiction.”
`48. In a tweet claiming that the Artifacts Collection “is curated and directed
`by” Tarantino, the account uses an animated scene from a different Miramax film,
`Kill Bill: Vol. 2, depicting the character Pai Mei (played by Gordon Liu).
`
`
`49. In another tweet, @TarantinoNFTs promotes the sale of Pulp Fiction’s
`“‘Royale with Cheese’ scene,” using a fake Pulp Fiction VHS tape with
`unauthorized imagery from the film.
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`COMPLAINT
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`Case 2:21-cv-08979 Document 1 Filed 11/16/21 Page 16 of 22 Page ID #:16
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`50. As of the date of filing of this Complaint, the media continues to report
`Tarantino’s impending release of the Pulp Fiction NFTs, and Tarantino and
`Tarantino’s counsel have not complied with the Cease & Desist Letter’s demands,
`necessitating the filing of this lawsuit. Tarantino’s conduct may mislead other
`creators into believing they have rights to exploit Miramax films through NFTs and
`other emerging technologies, when in fact Miramax holds those rights for its films.
`FIRST CLAIM FOR RELIEF
`(Breach of Contract)
`51. Miramax repeats and realleges paragraphs 1 through 50 hereof, as if
`fully set forth herein.
`52. Pursuant to the Original Rights Agreement and the subsequent
`Tarantino-Miramax Assignment, Tarantino, in exchange for valuable consideration,
`granted and assigned to Miramax in perpetuity throughout the universe, “all rights
`(including all copyrights and trademarks) in and to the Film (and all elements
`
`15
`COMPLAINT
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`thereof in all stages of development and production) now or hereafter known
`including without limitation the right to distribute the Film in all media now or
`hereafter known (theatrical, non-theatrical, all forms of television, home video,
`etc.),” excluding only a limited set of Tarantino’s “Reserved Rights.”
`53. Those grants and assignments prohibit Defendants from exploiting or
`licensing those same rights to develop and sell the Pulp Fiction NFTs. Miramax
`has been damaged and will continue to sustain damages from Defendants’
`exploitation of rights to Pulp Fiction that belong to Miramax. Defendants’ conduct
`in connection with the development and sale of the Pulp Fiction NFTs is a
`substantial factor in causing Miramax’s harm.
`SECOND CLAIM FOR RELIEF
`(Copyright Infringement Under 17 U.S.C. § 501)
`54. Miramax repeats and realleges paragraphs 1 through 53 hereof, as if
`fully set forth herein.
`55. The finished motion picture Pulp Fiction and all elements thereof in all
`stages of development and production are all original works containing
`copyrightable subject matter for which copyright protection exists under the
`Copyright Act, 17 U.S.C. § 101, et. seq. Except for Tarantino’s limited set of
`Reserved Rights, Miramax is the exclusive owner of rights under copyright in and
`to the motion picture Pulp Fiction, and all elements thereof in all stages of
`development and production. Miramax owns copyrights in and to Pulp Fiction
`(and, pursuant to the Original Rights Agreement and the Tarantino-Miramax
`Assignment, “all elements thereof in all stages of development and production”),
`including, without limitation, the registered United States copyrights thereto with
`U.S. Copyright Office registration numbers PA0000704507 and VA0001224051,
`and the copyrights assigned to Miramax in the Tarantino-Miramax Assignment and
`the B25 Instrument of Transfer, which are recorded with the U.S. Copyright Office
`as document numbers V2917P169 and V3005P270, respectively.
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`COMPLAINT
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`

`

`Case 2:21-cv-08979 Document 1 Filed 11/16/21 Page 18 of 22 Page ID #:18
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`56. Through Defendants’ conduct alleged herein, including Defendants’
`sale of rights relating to Pulp Fiction, and preparation and reproduction of derivative
`works based on Pulp Fiction without Miramax’s permission, Defendants have
`directly infringed Miramax’s exclusive rights in Pulp Fiction and the elements
`thereof in violation of Section 501 of the Copyright Act, 17 U.S.C. § 501.
`57. Defendants’ infringing conduct alleged herein was and continues to be
`willful and with full knowledge of Miramax’s rights relating to Pulp Fiction, and
`has enabled Defendants illegally to obtain profit therefrom.
`58. As a direct and proximate result of Defendants’ infringing conduct
`alleged herein, Miramax has been harmed and is entitled to damages in an amount
`to be proven at trial. Pursuant to 17 U.S.C. § 504(b), Miramax is also entitled to
`recovery of Defendants’ profits attributable to Defendants’ infringing conduct
`alleged herein, including from any and all sales of products incorporating or
`embodying the copyrighted work, and an accounting of and a constructive trust with
`respect to such profits.
`59. Alternatively, Miramax is entitled to the maximum statutory damages
`pursuant to 17 U.S.C. § 504(c) for Defendants’ willful infringing conduct, and for
`such other amount as may be proper pursuant to 17 U.S.C. § 504(c).
`60. As a direct and proximate result of the Defendants’ infringing conduct
`alleged herein, Miramax has sustained and will continue to sustain substantial,
`immediate, and irreparable injury, for which there is no adequate remedy at law.
`On information and belief, unless Defendants’ infringing conduct is enjoined by this
`Court, Defendants will continue to infringe the copyrighted work. Miramax
`therefore is entitled to permanent injunctive relief restraining and enjoining
`Defendants’ ongoing infringing conduct.
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`COMPLAINT
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`Case 2:21-cv-08979 Document 1 Filed 11/16/21 Page 19 of 22 Page ID #:19
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`THIRD CLAIM FOR RELIEF
`(Trademark Infringement Under 15 U.S.C. § 1114)
`61. Miramax repeats and realleges paragraphs 1 through 60 hereof, as if
`fully set forth herein.
`62. Defendants’ unauthorized use of the Pulp Fiction Mark alleged herein
`is likely to deceive consumers as to the origin, source, sponsorship, or affiliation of
`the Pulp Fiction NFTs, and is likely to cause consumers to believe, contrary to fact,
`that the Pulp Fiction NFTs are sold, authorized, endo