Case 2:19-cv-04034-JMY Document 1 Filed 09/04/19 Page 1 of 9
`Case 2:19-cv-O4034-JMY Document 1 Filed 09/04/19 Page 1 of 9
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA
`
`KAREN HEPP
`
`Plaintiff,
`
`v.
`
`JURY TRIAL DEMANDED
`
`FACEBOOK, INC., IMGUR, INC.,
`REDDIT, INC., GIPHY, INC.,
`WGCZ S.R.O. and DOES 1-10
`
`Defendants.
`
`COMPLAINT
`
`Plaintiff, Karen Hepp (“Plaintiff”), by and through her attorneys, Cohen Fineman, LLC,
`
`for her Complaint against Defendants, Facebook, Inc., Imgur, Inc., Reddit, Inc., Giphy, Inc.,
`
`WCGZ, S.R.O. and Does 1-10 (collectively, “Defendants”), alleges as follows:
`
`PRELIMINARY STATEMENT
`
`1.
`
`This is an action resulting from Defendants’ violations of Pennsylvania’s “Right of
`
`Publicity” statute, 42 Pa. Cons. Stat. § 8316, and Plaintiff’s common law right of publicity
`
`stemming from Defendants’ usurpation and unlawful use of her image.
`
`2.
`
`Plaintiff, a public figure, has suffered irreparable harm from the unlawful dissemination
`
`and publication of her image on various commercial websites.
`
`
`Case 2:19-cv-O4034-JMY Document 1 Filed 09/04/19 Page 1 of 9
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE EASTERN DISTRICT OF PENNSYLVANIA
`
`KAREN HEPP
`
`Plaintiff,
`
`v.
`
`JURY TRIAL DEMANDED
`
`FACEBOOK, INC., IMGUR, INC.,
`REDDIT, INC., GIPHY, INC.,
`WGCZ S.R.O. and DOES 1-10
`
`Defendants.
`
`COMPLAINT
`
`Plaintiff, Karen Hepp (“Plaintiff”), by and through her attorneys, Cohen Fineman, LLC,
`
`for her Complaint against Defendants, Facebook, Inc., Imgur, Inc., Reddit, Inc., Giphy, Inc.,
`
`WCGZ, S.R.O. and Does 1-10 (collectively, “Defendants”), alleges as follows:
`
`PRELIMINARY STATEMENT
`
`1.
`
`This is an action resulting from Defendants’ violations of Pennsylvania’s “Right of
`
`Publicity” statute, 42 Pa. Cons. Stat. § 8316, and Plaintiff’s common law right of publicity
`
`stemming from Defendants’ usurpation and unlawful use of her image.
`
`2.
`
`Plaintiff, a public figure, has suffered irreparable harm from the unlawful dissemination
`
`and publication of her image on various commercial websites.
`
`
`
`Case 2:19-cv-04034-JMY Document 1 Filed 09/04/19 Page 2 of 9
`Case 2:19-cv-O4034-JMY Document 1 Filed 09/04/19 Page 2 of 9
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`JURISDICTION AND VENUE
`
`3.
`
`The original jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1332 because
`
`the parties have complete diversity of citizenship and the amount
`
`in controversy exceeds
`
`$75,000.
`
`4.
`
`This Court has personal jurisdiction over Defendants in that, among other things: (a)
`
`Defendants are engaged in tortious conduct within the Commonwealth of Pennsylvania and in
`
`this District, including by using Plaintiff 5 image without her authorization and (b) Defendants’
`
`conduct causes injury to Plaintiff within the Commonwealth of Pennsylvania.
`
`5.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b)(2) because a
`
`substantial part of the acts, omissions and events giving rise to the claims asserted in this
`
`Complaint occurred in thisjudicial district.
`
`PARTIES
`
`6.
`
`Plaintiff, Karen Hepp, is an adult individual residing at 737 South Latches Lane, Merion
`
`Station, Pennsylvania 19066.
`
`7.
`
`Defendant, Facebook,
`
`Inc., on information and belief,
`
`is a for-profit corporation
`
`organized and existing under the laws of Delaware, having its registered agent, Corporation
`
`Service Company, located at 251 Little Falls Drive, Wilmington, Delaware 19808.
`
`8.
`
`Defendant, Facebook, Inc., owns and operates “Facebookcom,” one of the world’s
`
`largest social media intemet sites.
`
`9.
`
`Defendant, Imgur, Inc., on information and belief, is a for-profit corporation organized
`
`and existing under the laws of Delaware, having its registered agent, Incorporating Services,
`
`Ltd., located at 3500 S. Dupont Highway, Dover, Delaware 19901.
`
`
`
`Case 2:19-cv-04034-JMY Document 1 Filed 09/04/19 Page 3 of 9
`Case 2:19-cv-O4034-JMY Document 1 Filed 09/04/19 Page 3 of 9
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`10.
`
`Defendant, lmgur, Inc., is an intemet-based online image-sharing business that owns and
`
`operates the website known as “Imgur.com.”
`
`1].
`
`Defendant, Reddit, Inc., on information and belief, is a for-profit corporation organized
`
`and existing under the laws of Delaware, having its registered agent, Corporation Service
`
`Company, located at 251 Little Falls Drive, Wilmington, Delaware 19808.
`
`12.
`
`Defendant, Reddit, Inc., is an American social news aggregation company that owns and
`
`operates the website known as “Redditcom.”
`
`13.
`
`Defendant, Giphy, Inc., on information and belief, is a for—profit corporation organized
`
`and existing under the laws of Delaware, having its registered agent, Corporation Service
`
`Company, located at 251 Little Falls Drive, Wilmington, Delaware 19808.
`
`14.
`
`Defendant, Giphy, Inc., owns and operates a website known as “Giphy.com” that consists
`
`of an online database and search engine that allows users to search for and share short looping
`
`videos.
`
`15.
`
`Defendant, WCGZ, S.R.O., on information and belief,
`
`is a limited liability company
`
`existing under the laws of the Czech Republic and having a place of business at Praha 1 - Nove’
`
`Mésto, Krakovska 1366/25, PSC 110 00 Czech Republic.
`
`16.
`
`Defendant, WCGZ S.R.O., owns and operates “XNXX.com,” a popular adult-oriented
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`website featuring pornographic materials.
`
`17.
`
`Defendants Does 1
`
`through 10 are the owners and operators of other websites and/or
`
`media outlets. Plaintiff is unaware of the true names or capacities of Does 1 through 10. Plaintiff
`
`is informed and believes, and on that basis avers, that Does 1
`
`through 10 either (a) directly
`
`performed the acts alleged herein,
`
`(b) were acting as the agents, principals, alter egos,
`
`employees, or representatives of the other Defendants, and/or (c) otherwise participated in the
`
`3
`
`
`
`Case 2:19-cv-04034-JMY Document 1 Filed 09/04/19 Page 4 of 9
`Case 2:19-cv-O4034-JMY Document 1 Filed 09/04/19 Page 4 of 9
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`acts alleged herein with the other Defendants. Accordingly, Defendants Does 1 through 10 each
`
`are liable for all of the acts alleged herein because they were the cause in fact and proximate
`
`cause of all injuries suffered by Plaintiff as alleged herein. Plaintiff will amend the Complaint to
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`state the true names of Defendants Does 1 through 10 when their identities are discovered.
`
`FACTS GIVING RISE TO THIS ACTION
`
`18.
`
`Plaintiff is a professional television news anchor and joined the FOX 29 News team
`
`(Philadelphia-based) in November of 2010.
`
`19.
`
`Plaintiff is a co-anchor of the 4 am to 6 am hours of "Good Day Philadelphia," a morning
`
`news program, and joins the set as co-host for the final hour of the show from 9 am to 10 am.
`
`20.
`
`Prior to joining FOX 29, Plaintiff worked at WNYW-TV in New York City, anchoring
`
`Good Day Wakeup.
`
`21.
`
`Plaintiffjoined Fox 5 in January of 2005 as the weekend anchor.
`
`22.
`
`Plaintiff previously worked for NBC-owned-and-operated stations for 8 years including:
`
`WNBC in New York; WCAU in Philadelphia; and WVIT in Connecticut. Her career began in
`
`Binghamton, New York and Rochester, New York.
`
`23.
`
`Plaintiff graduated from New York University and hails from the Philadelphia region.
`
`24.
`
`Approximately two years ago, Plaintiff discovered through her co-workers and managers,
`
`that, without her consent, a photograph of her taken by a security camera in a convenience store
`
`located in New York City was being used in online advertisements for erectile dysfunction and
`
`dating websites.
`
`25.
`
`Plaintiff was unaware that her photograph was taken in said convenience store and does
`
`not know the identity or the location of the store or how her photograph was secured. A true and
`
`
`
`Case 2:19-cv-04034-JMY Document 1 Filed 09/04/19 Page 5 of 9
`Case 2:19-cv-O4034-JMY Document 1 Filed 09/04/19 Page 5 of 9
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`correct copy of the photograph is attached hereto, made a part thereof and marked as Exhibit
`
`“A.” Said photograph shall be referred to hereafter as “The photo.”
`
`26.
`
`Plaintiff has since learned that The Photo has appeared illegally on many other websites.
`
`27.
`
`The photo was featured in a Facebook advertisement soliciting users to “meet and chat
`
`with single women.” A true and correct copy of said advertisement is attached hereto, made a
`
`part hereof and marked as Exhibit “B.”
`
`28.
`
`The photo was featured on Imgur under the heading “milf,” which is a derogatory and
`
`degrading slang acronym that refers to a sexually attractive woman with young children. The
`
`Imgur link address is https://i.imgur.com/Olulkf2.ipg. A true and correct copy of said photograph
`
`within the Imgur website is attached hereto, made a part hereof and marked as Exhibit “C.”
`
`29.
`
`The photo was featured on Reddit titled “Amazing” in the subgroup r/obsf (“older but
`
`still $#"@able”) and posted by a user known as “pepsi_next.” There is a hyperlink for the
`
`photograph which
`
`links
`
`to
`
`the
`
`Imgur
`
`site.
`
`The
`
`
`url
`
`address
`
`is
`
`https://www.reddit.com/r/obsf/comments/Sowd59/amazing/dcnh8wj/.A true and correct copy of
`
`said photograph within the Reddit website is attached hereto, made a part hereof and marked as
`
`Exhibit “D.”
`
`30.
`
`The photo was modified and featured on Giphy wherein a video appears in the
`
`background of a man -- who is hiding behind a glass commercial freezer door and masturbating -
`
`- to what would appear, from his perspective, to be the backside of Plaintiff. The Gighy url
`
`addresses
`
`of
`
`this
`
`combination
`
`image/video
`
`are
`
`as
`
`follows:
`
`https://i.giphy.com/media/N prNcuyg8mzK/giphy.mp4;
`
`httpszl/mediagiphy .com/media/N l‘AchungmzK/giphv . gif,
`
`and
`
`1)
`
`2)
`
`3)
`
`htt s://media.
`
`
`
`if. A true and correct copy of
`i h .com/media/l4lYmuCE']ZZ e dle/ i h .
`
`
`
`
`Case 2:19-cv-04034-JMY Document 1 Filed 09/04/19 Page 6 of 9
`Case 2:19-cv-O4034-JMY Document 1 Filed 09/04/19 Page 6 of 9
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`said image/video within the Giphy website is attached hereto, made a part hereof and marked as
`
`Exhibit “E.”
`
`31.
`
`The photo was featured on the XNXX site in the “milf’ gallery 44/46 and can be easily
`
`downloaded.
`
`The
`
`XNXX
`
`site
`
`url
`
`address
`
`is
`
`https://multi.xnxx.com/gallery/11l6129/a34b/milf_gallery_44_46/. A true and correct copy of
`
`said photograph within the XNXX website is attached hereto, made a part hereof and marked as
`
`Exhibit “F.”
`
`m
`(Violation of 42 Pa. Cons. Stat. § 8316)
`
`32.
`
`The averments contained in Paragraphs 1 through 31 of this Complaint are incorporated
`
`herein by reference as though set forth in full.
`
`33.
`
`Plaintiff is a well-known public figure who has spent years honing her skills as a
`
`professional television broadcaster.
`
`34.
`
`Plaintiff is well-regarded in the Philadelphia community and has earned an excellent
`
`reputation as a moral and upstanding community leader and public person.
`
`35.
`
`Her image has high intrinsic commercial value.
`
`36.
`
`Through their actions, described supra, Defendants have appropriated Plaintiff’s likeness,
`
`which has commercial value, and used same for commercial purposes without Plaintiff’s written
`
`consent.
`
`37.
`
`Defendants knew, based upon Plaintiff’s notoriety, that the Photo depicted Plaintiff and
`
`no one else.
`
`38.
`
`Plaintiff’s image is instantly identifiable and automatically associated with Plaintiff‘s
`
`professional persona.
`
`
`
`Case 2:19-cv-04034-JMY Document 1 Filed 09/04/19 Page 7 of 9
`Case 2:19-cv-O4034-JMY Document 1 Filed 09/04/19 Page 7 of 9
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`39.
`
`Defendants’ sexualization of Plaintiff‘s image and use for prurient and illicit purposes is
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`abhorrent and disgusting.
`
`40.
`
`Defendants’ actions with respect to Plaintiffs image have caused serious, permanent and
`
`irreparable harm to Plaintiff‘s reputation.
`
`41.
`
`Plaintiff seeks an affirmative injunction mandating that all Defendants remove Plaintiff’s
`
`image immediately from their respective websites.
`
`42.
`
`Plaintiff seeks compensatory damages to redress Defendants’ wrongful use of Plaintiff’s
`
`image.
`
`QQJJST—H
`(Pennsylvania common law right of publicity)
`
`43.
`
`Plaintiff incorporates by reference paragraphs 1 through 42 as if set forth in full.
`
`44.
`
`Defendants appropriated Plaintiff’s valuable likeness, without authorization, and used it
`
`to their commercial advantage.
`
`45.
`
`Under the common law in Pennsylvania, Plaintiff maintains an exclusive entitlement to
`
`control the commercial value of her name and/or likeness and to prevent others from exploiting it
`
`without permission.
`
`46.
`
`Under the circumstances presented here, Plaintiff would never have permitted any of the
`
`Defendants to use her image to promote prurient and base interests.
`
`47.
`
`Defendants’ actions with respect to Plaintiff 3 image have caused serious, permanent and
`
`irreparable harm to Plaintiff’s reputation.
`
`48.
`
`Plaintiff seeks an injunction mandating that all Defendants remove Plaintiff’s image
`
`immediately from their respective websites.
`
`49.
`
`Plaintiff seeks compensatory damages to redress Defendants’ wrongful use of Plaintiff’s
`
`image.
`
`
`
`Case 2:19-cv-04034-JMY Document 1 Filed 09/04/19 Page 8 of 9
`Case 2:19-cv-04034-JMY Document 1 Filed 09/04/19 Page 8 of 9
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`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff prays that this Court enter judgment in her favor on each and
`
`every claim for relief set forth above and award her relief including, but not limited to, an Order:
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`1.
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`Preliminarily and permanently enjoining Defendants, their officers, employees, agents.
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`subsidiaries, representatives. distributors, dealers, members, affiliates, licensees, internet service
`
`providers, and all persons acting in concert or participation with them from publishing Plaintiff 3
`
`photograph.
`
`2.
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`Requiring Defendants to take down Plaintiff's photograph and any and all
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`related
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`images/videos and advertisements using Plaintiff's image for promotion on all websites, threads
`
`and chat rooms.
`
`3.
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`Requiring Defendants to provide Plaintiff with an accounting of any and all revenue and
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`profits derived from the exploitation of Plaintiff's image.
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`4.
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`Awarding Plaintiff monetary relief including damages sustained by Plaintiff in an amount
`
`not yet determined, including actual damages, reputational damages, and/or Defendants’ profits
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`in an amount in excess of $1 0,000,000.
`
`5.
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`6.
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`Awarding Plaintiff her costs and attomeys’ fees in this action.
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`Awarding such other and further relief as this Court may deem just and appropriate.
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`Plaintiff demands a trial by jury.
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`Respectfully s
`
`itted.
`
`
`
`NEMAN, LLC
`
`(PAID No. 75717)
`
`Samuel B. Fineman. Esq.
`Attorney for Plaintiff
`1999 Marlton Pike 13.. Suite 4
`
`
`
`Case 2:19-cv-04034-JMY Document 1 Filed 09/04/19 Page 9 of 9
`Case 2:19-cv-04034-JMY Document 1 Filed 09/04/19 Page 9 of 9
`
`Cherry Hill, NJ 08003
`(856) 304-0699 - tel.
`(856) 489-5088 — fax
`sfineman@cohenfineman.com
`
`
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