Case 3:20-cv-02683-TSH Document 1 Filed 04/17/20 Page 1 of 6
`
`John van Loben Sels, Esq. (SBN 201354)
`jvanlobensels@fishiplaw.com
`Jennifer Shih, Esq. (SBN 276225)
`jshih@fishiplaw.com
`Fish IP Law, LLP
`2603 Main Street, Suite 1000
`Irvine, California 92614-4271
`Telephone: 949-943-8300
`Facsimile: 949-943-8358
`
`Attorneys for Plaintiff,
`X17, Inc.
`
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`
`
`Case No.: 5:20-cv-2683
`
`
`
`COMPLAINT FOR COPYRIGHT
`INFRINGEMENT (17 U.S.C. § 101 et
`seq.) AND CONTRIBUTORY
`COPYRIGHT INFRINGEMENT
`
`X17, Inc., a California corporation,
`
`
`
`
`Plaintiff,
`
`
`
`
`v.
`
`YAHOO!, INC. and VERIZON
`COMMUNICATIONS, INC.
`
`
`
`Defendants.
`
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`
`
`
`
`John van Loben Sels, Esq. (SBN 201354)
`jvanlobensels@fishiplaw.com
`Jennifer Shih, Esq. (SBN 276225)
`jshih@fishiplaw.com
`Fish IP Law, LLP
`2603 Main Street, Suite 1000
`Irvine, California 92614-4271
`Telephone: 949-943-8300
`Facsimile: 949-943-8358
`
`Attorneys for Plaintiff,
`X17, Inc.
`
`
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`
`
`Case No.: 5:20-cv-2683
`
`
`
`COMPLAINT FOR COPYRIGHT
`INFRINGEMENT (17 U.S.C. § 101 et
`seq.) AND CONTRIBUTORY
`COPYRIGHT INFRINGEMENT
`
`X17, Inc., a California corporation,
`
`
`
`
`Plaintiff,
`
`
`
`
`v.
`
`YAHOO!, INC. and VERIZON
`COMMUNICATIONS, INC.
`
`
`
`Defendants.
`
`
`
`
`
`
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
`
`
`
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`Case 3:20-cv-02683-TSH Document 1 Filed 04/17/20 Page 2 of 6
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`Plaintiff X17, Inc. (“X17”) alleges as follows:
`THE PARTIES
`Plaintiff X17, Inc. is a California corporation with offices located at
`1.
`1301 Amalfi Drive, Pacific Palisades, CA 92072. X17 hosts a vast digital archive
`of photographs of the biggest celebrities and newsmakers at x17agency.com.
`Defendant Yahoo! Inc., is a Delaware corporation with offices located
`2.
`at 701 1st Avenue, Sunnyvale, CA 94089.
`Defendant Verizon Communications, Inc. (“Verizon”) is a Delaware
`3.
`corporation with offices located at 1095 Avenue of the Americas New York, NY.
`Plaintiff is informed and believes that Verizon’s business was branded
`4.
`Oath after the acquisition of Yahoo, Inc. and AOL, Inc.
`Defendant Yahoo! Inc., and Verizon Communications, shall be
`5.
`collectively referred to as “Yahoo” or “Defendants”.
`JURISDICTION AND VENUE
`This is a civil action seeking damages and injunctive relief for
`6.
`copyright infringement under the Copyright Act of the United States, 17 U.S.C. §
`101, et seq.
`This Court has subject matter jurisdiction over this action pursuant to
`7.
`28 U.S.C. §§ 1331 and 1338(a).
`This Court has personal jurisdiction over Defendants because
`8.
`Defendant Yahoo! Inc.’s principal place of business is located in this district.
`Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b)-(c),
`9.
`and/or § 1400(a).
`
`FACTUAL ALLEGATIONS
`10. X17 brings this action seeking redress for Defendants’ infringement
`of the copyright Registration Nos. VA2-192-327 and VA2-192-328 (the “Works”).
`11. A true and correct copy of the Works is attached hereto as Exhibit A.
`12. Yahoo and X17 entered into a Content License Agreement on January
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`Case 3:20-cv-02683-TSH Document 1 Filed 04/17/20 Page 3 of 6
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`11, 2012, which terminated on December 9, 2018 (“Content License Agreement”).
`13. Yahoo decided not to renew the Content License Agreement upon
`termination.
`14. On or about December 18, 2018, X17 reached out to Yahoo regarding
`the possibility of a renewed license agreement and did not receive a response.
`15. On or about November 14, 2018, X17 sent an email to Yahoo
`providing notice that the use of X17’s images from content partners such as Time,
`Inc./People, Conde Nast/Advance, U.S. Weekly, Entertainment Tonight, etc.
`(“Content Partners”) would be prohibited.
`16. At no time did X17 grant distribution and/or syndication rights of the
`Works to any of Yahoo’s Content Partners.
`17. From January 1, 2019 to present, Plaintiff is informed and believes
`that Yahoo improperly reproduced, published, and transmitted numerous X17
`photographs including but not limited to the below (“Infringing Photographs”)
`without a license:
`• https://www.yahoo.com/lifestyle/selena-gomez-wore-sold-urban-
`165502556.html
` https://finance.yahoo.com/news/meet-bella-gigis-favorite-shoe-
`•
`184018269.html
`• https://finance.yahoo.com/news/curious-case-kanye-west-shoes-
`212959219.html
` https://www.yahoo.com/entertainment/david-foster-katharine-mcphee-
`•
`stroll-183547784.html
` https://finance.yahoo.com/news/kourtney-kardashian-does-her-holiday-
`•
`162740583.html
`• https://www.yahoo.com/entertainment/kourtney-kardashian-does-her-
`holiday-162740583.html
`• https://www.yahoo.com/entertainment/kylie-jenner-kim-kardashian-look-
`152126008.html
` https://finance.yahoo.com/news/kylie-jenner-kim-kardashian-look-
`•
`152126008.html
` https://www.yahoo.com/lifestyle/kylie-jenner-claims-paparazzi-photos-
`•
`143021515.html
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`Case 3:20-cv-02683-TSH Document 1 Filed 04/17/20 Page 4 of 6
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`• https://finance.yahoo.com/news/justin-bieber-hailey-baldwin-best-
`152244903.html
`• https://www.yahoo.com/entertainment/jennifer-garner-apos-apos-number-
`161138921.html
` https://finance.yahoo.com/news/jennifer-garner-apos-apos-number-
`•
`161138921.html
` https://www.yahoo.com/entertainment/ben-affleck-enters-rehab-third-
`•
`014711297.html
` https://finance.yahoo.com/news/ben-affleck-enters-rehab-third-
`•
`014711297.html
`• https://www.yahoo.com/lifestyle/kim-kardashian-west-takes-dior-
`144612263.html
`• https://www.yahoo.com/lifestyle/kanye-west-sneaker-socks-
`171343309.html
`• https://finance.yahoo.com/news/kristen-stewart-stella-maxwell-spending-
`184533976.html
`• https://news.yahoo.com/news/kristen-stewart-stella-maxwell-spending-
`184533976.html
`• https://finance.yahoo.com/news/ben-affleck-lindsay-shookus-step-
`201928072.html
`• https://www.yahoo.com/entertainment/britney-spears-sam-asghari-step-
`001153231.html
`• https://www.yahoo.com/entertainment/lily-collins-noah-centineo-just-
`010319361.html
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`18. Yahoo’s Content Partners did not remove the Works or the Infringing
`Photographs.
`19. X17 is entitled to redress for Defendants’ willful, knowing, and
`purposeful use and exploitation of the Works, for its own financial benefit with
`full knowledge that such use constituted infringement of, and was in disregard of,
`X17’s rights.
`
`
`COUNT I
`COPYRIGHT INFRINGEMENT
`(17 U.S.C. §§ 106 and 501)
`
`20. Plaintiff incorporates by reference the above Paragraphs as if fully set
`forth herein.
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`Case 3:20-cv-02683-TSH Document 1 Filed 04/17/20 Page 5 of 6
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`21. X17 is the sole owner of a valid U.S. copyright registration in the
`Works.
`22. Through Defendants conduct as alleged herein, Defendants have
`infringed X17’s copyright in the Works in violation of both Sections 106 and 501
`of the Copyright Act, 17 U.S.C. §§ 106 and 501.
`23. Defendants’ acts of infringement are willful, intentional, and
`purposeful, in disregard of and with indifference to X17’s rights.
`24. As a direct and proximate result of Defendants’ conduct constituting
`copyright infringement, X17 is entitled to his election of statutory damages under
`17 U.S.C. § 504(c), or his actual damages in an amount to be proven at trial.
`25. X17 is also entitled to Defendants’ profits attributable to the
`infringement, pursuant to 17 U.S.C. § 504(b), including an accounting of, and a
`constructive trust with respect to such profits.
`26. X17 is further entitled to his attorneys’ fees and full costs pursuant to
`17 U.S.C. § 505 and otherwise according to law.
`
`
`COUNT II
`CONTRIBUTORY COPYRIGHT INFRINGEMENT
`27. Plaintiff incorporates by reference the above Paragraphs as if fully set
`forth herein.
`28. Plaintiff is informed and believes and alleges that Defendants,
`knowingly induced, participated in, aided and abetted, and resultantly profited
`from the reproduction, and/or creation of derivative works based on the Works.
`29. Plaintiff is informed and believes that Defendants induced the
`Content Partners’ infringement of the Works.
`30. By reason of the Defendants, Plaintiff has suffered and will continue
`to suffer substantial damages to its business in an amount to be established at trial.
`31. Plaintiff is entitled to disgorgement of Defendants’ profits directly
`and indirectly attributable to Defendants’ infringement of the Works in an amount
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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`Case 3:20-cv-02683-TSH Document 1 Filed 04/17/20 Page 6 of 6
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`to be established at trial.
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`PRAYER FOR RELIEF
`WHEREFORE, Plaintiff prays for judgment against Defendants, and each
`of them, jointly and severally as follows:
`1. For damages in such amount as may be found, or as otherwise permitted
`by law.
`2. Preliminarily and permanently enjoining Defendants, its agents,
`servants, employees, officers and all persons and entities in active
`concert and participation with them from using X17’s Works.
`3. For an accounting of, and the imposition of constructive trust with
`respect to, Defendants’ profits attributable to its infringement of X17’s
`copyright in the Work.
`4. For prejudgment interest according to law.
`5. For X17’s reasonable attorneys’ fees, costs, and disbursements in this
`action.
`6. For such other and further relief as the Court may deem just and proper.
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`DEMAND FOR JURY TRIAL
`Plaintiff demands a trial by jury.
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`Date: April 17, 2020
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`FISH IP LAW, LLP
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`
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`By: /s/ John van Loben Sels
`
`John van Loben Sels
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`Attorneys for Plaintiff
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`COMPLAINT FOR COPYRIGHT INFRINGEMENT
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