Chad Belville IA Bar 015731
`304 East Beth Drive
`Phoenix, AZ 85042
`602-904-5485
`FAX 602-297-6953
`cbelville@azbar.org
`Attorney for Plaintiff
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`UNITED STATES DISTRICT COURT
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`IN AND FOR THE NORTHERN DISTRICT OF IOWA
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`CENTRAL DIVISION
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`FRASERSIDE IP LLC,
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`An Iowa Limited Liability Company
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`No. 11-cv-03025-MWB
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`COMPLAINT and
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`JURY DEMAND
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`WhoIsGuard, dba XHampster .com
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`and John Does 1 - 100 and
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`John Doe Companies 1 - 100
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`Case 3:11-cv-03025-MWB Document 2 Filed 05/23/11 Page 1 of 49
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`INTRODUCTION
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`Piracy of copyrighted and trademarked works is a multi-billion dollar, global industry of
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`theft. The piracy of legal adult entertainment is the training ground for all other forms of online
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`piracy – audio books, television shows, digital music files, and general release Hollywood
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`movies.
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` USA Today wrote,
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`“Online
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`porn
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`often
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`leads
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`high-tech way”
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`http://www.usatoday.com/money/industries/technology/2004-03-09-onlineporn_x.htm and it is a
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`fact that pornography lead the technological advances and mass acceptance of VHS, DVD’s, the
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`growth of the Internet, streaming video, online advertising, online payment processing, and
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`downloads. Online piracy of pornography has lead the way for piracy of more mainstream
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`copyrighted works; it has provided a roadmap at a significant cost to the legitimate and legal
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`adult and mainstream entertainment industries. The pirates of pornography train like
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`professional sports players before a big game; they are masterful at their craft and execute with
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`precision. They diligently find ways to hide assets and identities while exploiting weaknesses in
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`their prey. Piracy such as that committed by Defendants is committed only for profit; no party
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`engages in piracy out of any feeling of philanthropic responsibility or to further constitutional
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`free expression. The Rand Institute’s 2009 publication Film, Piracy, Organized Crime, and
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`Terrorism determined that “Piracy is high in payoff – with profit margins greater than those of
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`illegal narcotics – and low in risk often taking place under the radar of law enforcement. In
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`addition, terrorist groups have in some cases used the proceeds of film piracy to finance their
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`activities. Besides being a threat to the global information economy, counterfeiting threatens
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`public
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`safety
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`and
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`national
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`security.”
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`http://www.rand.org/pubs/monographs/2009/RAND_MG742.pdf
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`Case 3:11-cv-03025-MWB Document 2 Filed 05/23/11 Page 2 of 49
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`Piracy is not a victimless crime and piracy of legal adult materials leads to greater
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`occurrences of piracy across all other forms of online intellectual property. It is against this
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`backdrop that the following Complaint is respectfully submitted to the Court.
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`JURISDICTION AND VENUE
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`1.
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`Plaintiff is a Limited Liability Company organized under the laws of the State of
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`Iowa with its principal place of business in Northwood, Iowa.
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`2.
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`Upon information and belief, Defendant WhoIsGuard is doing business as
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`www.Xhamster.com with a common business address of 8939 S. Sepulveda Blvd. #110-732,
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`Westchester, CA 90045.
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`3.
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`This Court has subject matter jurisdiction over Plaintiff’s federal claims pursuant
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`to 17 U.S.C. § 101 et seq., Section 32 of the Lanham Act, 15 U.S.C. §1114(1), 15 U.S.C. § 1121,
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`15 U.S.C. §1125, 28 U.S.C. §1331 and 28 U.S.C. §1338. Venue is appropriate in this District
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`pursuant to 28 U.S.C. § 1391(b)(c).
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`(d)
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`4.
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`This Court has personal jurisdiction pursuant to 28 U.S.C. §§ 1391(b), (c ) and/or
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`PARTIES
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`Case 3:11-cv-03025-MWB Document 2 Filed 05/23/11 Page 3 of 49
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`5.
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` FraserSide IP LLC, an Iowa Limited Liability Company, is the rightful
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`trademark, copyright, and intellectual property owner and/or successor in interest of the United
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`States trademarks, copyrights, and intellectual property that is the basis for this action. The
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`parent company Private Media Group Inc., a Nevada company (PRVT on NASDAQ), is one of
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`the world’s leading producers of high quality brand driven adult motion picture films.
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`Fraserside, commonly and commercially known as “Private”, has been producing legal adult
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`entertainment since 1968, from print magazines and movie reels to VHS to DVD to online digital
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`download and streaming. In 2010, Private shipped over 400 orders to Iowa residents and
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`delivered nearly 2000 online to Iowa customers. Fraserside’s' highly sought after intellectual
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`property is distributed on a wide range of platforms including mobile handsets via 104 network
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`operators in 45 countries, digital TV via 38 platforms in 24 countries, broadband Internet,
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`television broadcasting including its own South American cable channel in a venture with world
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`famous Playboy™ and sold on DVD's, on demand and through subscription based web
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`properties. Fraserside has protected its trade names such as PRIVATE, PRIVATE GOLD,
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`PIRATE and THE PRIVATE LIFE OF through United States trademark and service mark
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`registrations and its films through United States copyright registration. Beginning in 1975,
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`Fraserside further protected its intellectual property through registration in more than 25
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`countries including Australia, Brazil, Canada, Chile, Denmark, Europe, France, Germany, Hong
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`Kong, India, Italy, Japan, Mexico, Norway, New Zealand, Panama, Philippines, Poland, South
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`Africa, Spain, Sweden, Switzerland, Taiwan, Thailand, United Kingdom, and Venezuela.
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`Plaintiffs are producers, distributors, and/or exclusive licensors of motion pictures in the
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`United States. Plaintiffs are engaged in the business of producing, distributing, and/or licensing
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`to others, the rights to copy, distribute, transmit and exhibit copyrighted motion pictures and/or
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`Case 3:11-cv-03025-MWB Document 2 Filed 05/23/11 Page 4 of 49
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`other audio visual works. Plaintiffs expend significant amounts of time, money and other
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`resources to produce high quality products, develop supply chains and distribution systems, and
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`build premium brand recognition of their products.
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`Plaintiffs, either directly or through their affiliates or licensees, distribute their
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`copyrighted works in various forms, without limitation, over the Internet, pay-per-view, video on
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`demand, digital video discs (DVD’s), and other formats, by selling them directly or indirectly to
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`the home viewing market or licensing others to do so. Plaintiffs also distribute their copyrighted
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`works, without limitation, through Internet streaming and download services.
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`Plaintiffs have registered with the United States Copyright Office their copyrighted
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`works identified in the paragraphs below. Plaintiffs have taken industry standard steps to
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`identify their products, including placing recorded warnings at the beginning and end of video
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`productions that appear whenever those videos are played.
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`6.
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`Plaintiff's PRIVATE trademark and service mark have been continuously used in
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`commerce since at least June 1968. U.S. Trademark Registration No. 1014975 was registered on
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`July 1, 1975 and renewed on September 6, 2005.
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`7.
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`Plaintiff has expended considerable effort and expense in promoting its trademark
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`and the goods sold under the trademark PRIVATE. As a result, the purchasing public has come
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`to know, rely upon and recognize the mark PRIVATE as an international brand of high quality
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`entertainment.
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`Case 3:11-cv-03025-MWB Document 2 Filed 05/23/11 Page 5 of 49
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`8.
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`Plaintiff's PRIVATE GOLD trademark and service mark have been continuously
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`used in commerce since at least August 2004. U.S. Trademark Registration No. 3188677 was
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`registered on December 26, 2006.
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`9.
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`Plaintiff has expended considerable effort and expense in promoting its trademark
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`and the goods sold under the trademark PRIVATE GOLD. As a result, the purchasing public has
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`come to know, rely upon and recognize the mark PRIVATE GOLD as an international brand of
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`high quality entertainment.
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`10.
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`Plaintiff's PRIVATE trademark and service mark design of two human female
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`figures have been continuously used in commerce since at least December 2004. U.S.
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`Trademark Registration No. 3389749 was registered on May 26, 2008.
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`11.
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`Plaintiff has expended considerable effort and expense in promoting its trademark
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`and the goods sold under the trademark service mark design of two human female figures. As a
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`result, the purchasing public has come to know, rely upon and recognize the mark design of two
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`human female figures as identifying Plaintiff’s work, an international brand of high quality
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`entertainment.
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`12.
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`Plaintiff's PIRATE trademark and service mark have been continuously used in
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`commerce since at least May 24, 2000. U.S. Trademark Registration No. 3137445 was
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`registered on September 5, 2006.
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`Case 3:11-cv-03025-MWB Document 2 Filed 05/23/11 Page 6 of 49
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`13.
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`Plaintiff has expended considerable effort and expense in promoting its trademark
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`and the goods sold under the trademark service mark PIRATE. As a result, the purchasing
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`public has come to know, rely upon and recognize the mark PIRATE as an international brand of
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`high quality entertainment.
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`14.
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`Plaintiff's THE PRIVATE LIFE OF trademark and service mark have been
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`continuously used in commerce since at least September 1999. U.S. Trademark Registration No.
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`2875138 was registered on August 17, 2004.
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`15.
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`Plaintiff has expended considerable effort and expense in promoting its trademark
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`and the goods sold under the trademark THE PRIVATE LIFE OF. As a result, the purchasing
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`public has come to know, rely upon and recognize the mark THE PRIVATE LIFE OF as an
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`international brand of high quality entertainment.
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`16.
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`Plaintiff has produced in excess of 1,000 full-length adults-only or adult-oriented
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`audio-visual works and holds over 75 United States copyrights for its works.
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`17.
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`Defendant WhoIsGuard is a company located at 8939 S. Sepulveda Blvd # 110-
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`732, Westchester, CA 90045
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`18.
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`Defendants does business as XHamster.com and operates the website
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`XHamster.com [hereinafter XHamster]
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`Case 3:11-cv-03025-MWB Document 2 Filed 05/23/11 Page 7 of 49
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`19. Defendant XHamster competes against Plaintiff in the distribution and sale of
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`adults-only audio-visual works through Internet distribution.
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`20. Upon information and belief, Plaintiff avers that each Defendant, individually,
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`corporately, jointly and/or severally, acted intentionally, knowingly, negligently or through
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`willful blindness, as an agent, or representative of each and every, all and singular, the other
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`Defendants, and acted to further the ends of the illegal and improper purposes alleged herein in a
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`common course or scheme to infringe on the Plaintiff’s copyrighted intellectual property for
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`illegal profit and monetary gain.
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`STATEMENT OF FACTS
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`21.
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`Upon information and belief, XHamster.com is a website that provides adult-
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`oriented audio-visual content to the general public without request for age-verification.
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`22. Upon information and belief, the XHamster.com website is visited by over 64
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`million internet surfers per month. [See Attachment 1 Compete.com results with estimates and
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`public details]. Upon information and belief, Alexa, a website rating service, ranks
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`XHamster.com as the #55 most visited website in the world. [See Attachment 2 Alexa Ranking].
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`For comparison purposes only, Google.com and Facebook.com are ranked 1 and 2, respectively.
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`Sites with more traffic than the Defendant per Alexa include LinkedIn at #16, Microsoft at # 28,
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`Apple at # 37 and CNN.com at # 47. Websites that have less traffic than the Defendant include
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`such widely known entities as GoDaddy.com (67), New York Times (85), NetFlix (95), Fox
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`Case 3:11-cv-03025-MWB Document 2 Filed 05/23/11 Page 8 of 49
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`News (175), Wall Street Journal (212), and Defendant even has much more traffic than
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`WalMart.com, with an Alexa ranking of 288. Defendant is arguably one of the most visited
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`websites in the world, reaching more web users every day than WalMart.com. These enormous
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`numbers of visitors result in Plaintiff’s copyrighted works being viewed tens or even hundreds of
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`thousands of times on Defendant’s website. Defendant proudly displays the number of instances
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`in which a particular piece of media has been played on its website as number of “views”. The
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`number of Iowa-based views per month will be determined during discovery.
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`23.
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`Copyright law states that any material that is "reproduced, performed, publicly
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`displayed, or made into a derivative work without permission" is an illegal violation of the rights
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`of the copyright owner. By its definition each view constitutes a separate and distinct instance of
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`infringement that is produced on a viewer’s computer. Plaintiff's intellectual property has been
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`viewed over 1,000,000 times, available for months and for some videos, years, on Defendant’s
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`website. With the enormous amount of internet users on Defendant’s website, the number of
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`uncompensated views grows daily thus furthering the number of copyright infringements and
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`contributing to the further dilution of the Plaintiff's trade and service marks.
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`24. Upon information and belief, Defendant pays third parties to send web users, also
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`known as traffic, to Defendant’s website. Defendant currently pays third parties $2.00 (two
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`dollars) for every one thousand (1,000) unique visitors sent to Defendant’s website [See
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`Attachment 3, XHamster’s Partnership Program web page]. The Defendant previously paid only
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`$1.00 per one thousand unique visitors, but increased the payment to third parties in 2011.
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`Case 3:11-cv-03025-MWB Document 2 Filed 05/23/11 Page 9 of 49
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`25. Upon information and belief, Defendant allows third parties to display Plaintiff's
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`intellectual property to third parties on third party websites for the purpose of driving traffic back
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`to XHamster. The number of views displayed on XHamster does not reflect the number of views
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`on those sites. This significantly increases the number of views. This number grows daily thus
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`furthering the number of copyright infringements and contributing to the further dilution of the
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`Plaintiff's trade and service marks.
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`26.
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`Upon information and belief, a large portion of videos available on the websites
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`appear to be copyrighted videos that, upon information and belief, are not owned by Defendant
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`but are owned by well-known and long-established members of the adult –oriented audio -visual
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`entertainment industry.
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`27.
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`Plaintiff owns the worldwide rights to its extensive archive of high-quality
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`content and also licenses its trademarks internationally for a select range of luxury consumer
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`products.
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`28.
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`Plaintiff has dedicated significant resources to create, distribute, and protect its
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`works. In addition, Plaintiff dedicates resources to be in compliance with applicable laws in
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`order to protect the integrity of their works and the overall adult entertainment industry.
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`29.
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`The viability and profitability of Plaintiff is based upon monies and revenue
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`earned from Plaintiff’s intellectual property, including copyrights in Plaintiff’s films.
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`Case 3:11-cv-03025-MWB Document 2 Filed 05/23/11 Page 10 of 49
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`30.
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`The Internet, in conjunction with recent significant advances in technology,
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`hardware and software, has resulted in the availability of effective means for circumventing the
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`intellectual property ownership rights in nearly every industry, including adult entertainment.
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`The pervasive and intense online infringement is nearly crippling the adult entertainment
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`industry, providing unfettered, unregulated, free access to copyrighted works originally produced
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`by reputable businesses and persons.
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`31.
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`Upon information and belief, these infringers are without any accountability to
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`governmental requirements or regulations, without any actual investment in the creation of the
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`works, and without any commitment to the vision of the future of the industry. Nonetheless,
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`these infringers utilize, display, and distribute copyrighted works for which they have no right or
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`proper license for their own commercial and significant financial benefit. These actions have
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`caused and continue to cause significant damage to the business and reputation of the true
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`copyright owners.
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`32.
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`Upon information and belief, Infringers, such as Defendant through the website
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`XHamster, have taken advantage of the existence of legitimate Web sites that properly facilitate
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`the exchange of user-generated content. Defendant XHamster is truly a subscription
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`membership web site hiding behind the veneer of a simple user-generated content exchange site.
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`Defendant XHamster sells premium memberships to its website and pays third parties to send
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`traffic to its websites like a membership website. Defendant’s XHamster.com website is
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`designed for the sole purpose of taking commercial advantage of copyrighted works without any
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`authority whatsoever and derive benefit from the copyrighted works. This significant
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`Case 3:11-cv-03025-MWB Document 2 Filed 05/23/11 Page 11 of 49
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`commercial and financial advantage is obtained without purchasing or licensing any rights from
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`the copyright holder nor incurring the significant expense of creating and generating the content
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`itself.
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`33.
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`Upon information and belief, Defendant’s business model of using unauthorized
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`works without compensation has significantly contributed to the ability of Defendant to become
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`one of the most visited websites in the world. Defendant offers unauthorized content for free
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`that legitimate competitors must pay for, with extraordinary results. Defendant then sells
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`premium access to unauthorized content with more extraordinary results. An illegitimate
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`business model where the cost of goods sold is zero will be able to drive out legitimate
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`competitors.
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`34.
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`Upon information and belief, Defendant has created, owns, and/or operates the
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`Internet Web site www.XHamster.com. In concert with the Doe Defendants, Defendant
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`XHamster uses this site to display and distribute Plaintiff’s films, among others, to Internet
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`Users. Defendant XHamster and the Doe Defendants each know, or have reason to know, that
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`there is no proper license or authority to display and distribute Plaintiff’s films on Defendant’s
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`website and no proper license or authority to or obtain commercial financial gain from such
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`display and distribution. Defendants use the website XHamster to gather a vast and extensive
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`collection of infringed films to display and distribute. The website is a one-stop shop for
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`infringing material. Most, if not all, a very large portion of the content indexed on or available
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`on the website is infringing, unauthorized copyrighted content, including Plaintiff’s copyrighted
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`works. The fundamental purpose of the website is to capitalize on the illegal dissemination and
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`contribute to the illegal dissemination of infringing works. This display and distribution provides
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`Case 3:11-cv-03025-MWB Document 2 Filed 05/23/11 Page 12 of 49
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`Defendant XHamster with significant monthly revenues, and hinders Plaintiff’s rightful ability to
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`derive financial benefits from their own films.
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`35.
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`Upon information and belief, the display and distribution of Plaintiff’s films are
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`accompanied by advertisements that generate Defendant XHamster significant annual revenue.
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`Advertisers purchase ad space on certain pages and in certain locations on XHamster.com due to
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`the known or estimated Internet traffic that views the particular page or location. The volume of
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`Internet traffic on such page or location is directly attributable to the quality of content displayed
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`and distributed. Thus, the quality of Plaintiff’s films is directly responsible for the revenue
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`generated by the sale of ad space on Defendant’s website.
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`36.
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`Upon information and belief, the commercial financial benefit and deception
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`regarding the purpose of Defendant’s website is not limited to the large revenues generated
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`through sale of third party advertising space. As opposed to legitimate user generated content
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`exchange sites, Defendant’s website induces the Internet user to pay subscription fees.
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`37.
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`Upon information and belief, XHamster does not initially allow users to view
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`high quality versions of Plaintiff’s films or download Plaintiff’s film to the user’s computer,
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`although a significant portion is displayed and distributed. If the Internet user wishes to view the
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`film in High Definition, or download the video, the user is presented this the option by becoming
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`a Premium Member. The website user is presented with three (3) Premium Membership choices,
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`(1) a $2.95 trial membership that automatically becomes a recurring membership if the user does
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`not cancel, a one (1) month Premium Membership for $29.95 or (3) a three month Premium
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`Case 3:11-cv-03025-MWB Document 2 Filed 05/23/11 Page 13 of 49
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`Membership for $19.98 per month. Upon information and belief, this Paid Premium
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`Membership allows the website user to download the unauthorized and uncompensated
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`copyrighted work belonging to Plaintiff, allowing Defendant to commercially benefit from
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`Plaintiff’s work without any benefit to Plaintiff.
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`38.
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`Upon information and belief, the Internet user, initially lead to believe that
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`Defendant’s website is a completely free viewing site, is presented with paid options to enhance
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`the viewing experience of unauthorized works owned by Plaintiff. The user is permitted to
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`download the films only with further financial benefit to Defendant. Defendants give away
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`unauthorized viewing of Plaintiff’s property then sell unauthorized copies of Plaintiff’s property
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`without any benefit to Plaintiff.
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`39.
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`Upon information and belief, Plaintiff’s copyrighted works have been and
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`continue to be infringed by Defendant and the Doe Defendants through the reproduction,
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`distribution, and public display of Plaintiff’s films by and through the Internet Web site
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`XHamster for which Defendant owns the domain registrations and to which Defendant and the
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`Doe Defendants, stakeholders of the site, provide essential equipment and support.
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`40.
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`Upon information and belief, the high volume of Internet traffic generated at
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`Defendant’s website is due to the option Internet users are presented in viewing the infringed
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`content for free, rather than obtaining the viewing rights legally and knowingly paying for such
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`rights.
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`Case 3:11-cv-03025-MWB Document 2 Filed 05/23/11 Page 14 of 49
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`41.
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`On or about April 2011, an initial search of Defendant’s website revealed and
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`documented over 73 separate instances of copyright infringement of Plaintiff’s copyrighted and
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`trademarked intellectual property. As of the date of this Complaint, a total of 73 instances of
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`infringement, identified by name and registration number in the following paragraphs, were
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`documented as being displayed and distributed on XHamster.com. Each of these films were
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`displayed and distributed by Defendant and the Doe Defendants, each individually and acting in
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`concert with each other, without the consent of, or licensing by, Fraserside, the copyright owner
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`and registrant of the motion picture.
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`42.
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`Plaintiff marks each film with a copyright notice and trademark in order to inform
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`the public of Plaintiff’s ownership. Upon information and belief Defendant has altered
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`Plaintiff’s films in that these notices and marks have been removed. Defendants intentionally
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`delete, blur or obscure Plaintiff’s watermarks and logos from Plaintiff’s videos displayed on
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`Defendants’ website, causing consumers to be confused as to the origin of the audio-video
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`content. The manipulation of identifying marks is also evidence of knowledge and intent to
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`infringe Plaintiff’s intellectual property rights.
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`43.
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` Upon information and belief, Defendant has actual knowledge and clear notice of
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`this extensive infringement of Plaintiff’s titles. The infringement is clear and obvious even to the
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`most naïve observer. In fact, Plaintiff’s films are displayed and distributed on XHamster through
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`Defendant and the Doe Defendants acting in concert. Plaintiff’s and other major producers’
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`trademarks are used to index infringing material along with obfuscation of watermarks and other
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`identifiers which is evidence of knowledge and intent.
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`Case 3:11-cv-03025-MWB Document 2 Filed 05/23/11 Page 15 of 49
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`44.
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`By virtue of the conduct alleged herein, Defendants knowingly promote,
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`participate in, facilitate, assist, enable, materially contribute to, encourage, and induce copyright
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`and trademark infringement, and thereby have infringed, secondarily infringed, and induced
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`infringement by others, the copyrights and trademarks in Plaintiff’s copyrighted work, including
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`but not limited to those listing the paragraphs below.
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`CLAIMS FOR RELIEF
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`COUNT I
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`Copyright Infringement
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`45.
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`In February 2011, www.xhampster.com displayed and offered for viewing
`
`Fraserside's copyrighted work ANAL LOLITAS, Copyright Registration Number
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`PA0001670894, also protected by Trademark Registration 1014975; specifically located at
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`http://xhamster.com/search.php?q=anal+lolas&qcat=video. This copyrighted and trademark
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`protected work was displayed without the consent of, or licensing by, Fraserside IP LLC, the
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`copyright owner and trademark owner of the motion picture.
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`
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`46.
`
`In February 2011, www.xhamster.com displayed and offered for viewing
`
`Fraserside's copyrighted work ANAL LOLITAS, Copyright Registration Number PA000167084,
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`also protected by Trademark Registration 1014975; specifically located at
`
`http://xhamster.com/movies/287637/anal_lolas.html. This copyrighted and trademark protected
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`work was displayed without the consent of, or licensing by, Fraserside IP LLC, the copyright
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`owner and trademark owner of the motion picture.
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`Case 3:11-cv-03025-MWB Document 2 Filed 05/23/11 Page 16 of 49
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`47.
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` In February 2011, www.xhamster.com displayed and offered for viewing
`
`Fraserside's copyrighted work ANAL MERMAIDS Copyright Registration Number
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`PA0001670905, also protected by Trademark Registration 1014975; specifically located at
`
`http://xhamster.com/search.php?q=maya+gold&qcat=video. This copyrighted and trademark
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`protected work was displayed without the consent of, or licensing by, Fraserside IP LLC, the
`
`copyright owner and trademark owner of the motion picture.
`
`
`
`48.
`
` In February 2011, www.xhamster.com displayed and offered for viewing
`
`Fraserside's copyrighted work ANAL MERMAIDS, Copyright Registration Number
`
`PA0001670905, also protected by Trademark Registration 1014975; specifically located at
`
`http://xhamster.com/movies/119712/maya_gold_anal.html . This copyrighted and trademark
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`protected work was displayed without the consent of, or licensing by, Fraserside IP LLC, the
`
`copyright owner and trademark owner of the motion picture.
`
`
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`49.
`
` In February 2011, www.xhamster.com displayed and offered for viewing
`
`Fraserside's copyrighted work BEAUTIES IN THE TROPIX, Copyright Registration Number
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`PA0001674265, also protected by Trademark Registration 1014975; specifically located at
`
`http://xhamster.com/search.php?q=Suzie%20Carina&page=4. This copyrighted and trademark
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`protected work was displayed without the consent of, or licensing by, Fraserside IP LLC, the
`
`copyright owner and trademark owner of the motion picture.
`
`
`
`50.
`
` In February 2011, www.xhamster.com displayed and offered for viewing
`
`Fraserside's copyrighted work BEAUTIES IN THE TROPIX, Copyright Registration Number
`
`PA0001674265, also protected by Trademark Registration 1014975; specifically located at
`
`http://xhamster.com/movies/420696/sweet_suzi_outdoor_hardcore.html. This copyrighted and
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`Case 3:11-cv-03025-MWB Document 2 Filed 05/23/11 Page 17 of 49
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`
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`trademark protected work was displayed without the consent of, or licensing by, Fraserside IP
`
`LLC, the copyright owner and trademark owner of the motion picture.
`
`
`
`51.
`
` In February 2011, www.xhamster.com displayed and offered for viewing
`
`Fraserside's copyrighted work CARRIBEAN AIRLINES, Copyright Registration Number
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`PA0001674265, also protected by Trademark Registration 1014975; specifically located at
`
`http://xhamster.com/search.php?q=CARIBBEAN+airlines&qcat=video. This copyrighted and
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`trademark protected work was displayed without the consent of, or licensing by, Fraserside IP
`
`LLC, the copyright owner and trademark owner of the motion picture.
`
`
`
`52.
`
` In February 2011, www.xhamster.com displayed and offered for viewing
`
`Fraserside's copyrighted work CARRIBEAN AIRLINES, Copyright Registration Number
`
`PA0001674265, also protected by Trademark Registration 1014975; specifically located at
`
`http://xhamster.com/movies/353484/full_movie_caribbean_airlines_-by_sabinchen.html. This
`
`copyrighted and trademark protected work was displayed without the consent of, or licensing by,
`
`Fraserside IP LLC, the copyright owner and trademark owner of the motion picture.
`
`
`
`53.
`
`In February 2011, www.xhamster.com displayed and offered for viewing
`
`Fraserside's copyrighted work CARIBBEAN DREAM, Copyright Registration Number
`
`PA0001670898, also protected by Trademark Registration 1014975; specifically located at
`
`http://xhamster.com/search.php?q=caribbean&qcat=video. This copyrighted and trademark
`
`protected work was displayed without the consent of, or licensing by, Fraserside IP LLC, the
`
`copyright owner and trademark owner of the motion picture.
`
`
`
`54.
`
` In February 2011, www.xhamster.com displayed and offered for viewing
`
`Fraserside's copyrighted work CARIBBEAN DREAM, Copyright Registration Number
`
`Case 3:11-cv-03025-MWB Document 2 Filed 05/23/11 Page 18 of 49
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`
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`PA0001670898, also protected by Trademark Registration 1014975; specifically located at
`
`http://xhamster.com/movies/447326/2_hot_caribbean_girls_fucking_part-2_.html. This
`
`copyrighted and trademark protected work was displayed without the consent of, or licensing by,
`
`Fraserside IP LLC, the copyright owner and trademark owner of the motion picture.
`
`
`
`54.
`
` In February 2011, www.xhamster.com displayed and offered for viewing
`
`Fraserside's copyrighted work CARIBBEAN DREAM, Copyright Registration Number
`
`PA0001670898, also protected by Trademark Registration 1014975; specifically located at
`
`http://xhamster.com/movies/447155/2_hot_caribbean_girls_fucking_part-1_.html. This
`
`copyrighted and trademark protected work was displayed without the consent of, or licensing by,
`
`Fraserside IP LLC, the copyright owner and trademark owner of the motion picture.
`
`
`
`55.
`
`In February 2011, www.xhamster.com displayed and offered for viewing
`
`Fraserside's copyrighted work CLEOPATRA, Copyright Registration Number PA0001676455,
`
`also protected by Trademark Registration 1014975; specifically located at
`
`http://xhamster.com/search.php?q=CLEOPATRA&qcat=video. This copyrighted and trademark
`
`protected work was displayed without the consent of, or licensing by, Fraserside IP LLC, the
`
`copyright owner and trademark owner of the motion picture.
`
`
`
`56.
`
` In February 2011, www.xhamster.com displayed and offered for viewing
`
`Fraserside's copyrighted work CLEOPATRA, Copyright Registration Number PA0001676455,
`
`also protected by Trademark Registration 1014975; specifically located at
`
`http://xhamster.com/movies/556747/rita_faltoyano_like_a_busty_anal_cleopatra.html. This
`
`copyrighted and trademark protected work was displayed without the consent of, or licensing by,
`
`Fraserside IP LLC, the copyright owner and trademark owner of the motion picture.
`
`Case 3:11-cv-03025-