Case 2:11-cv-00057-RLH -PAL Document 1 Filed 01/12/11 Page 1 of 6

1 SHAWN A. MANGANO, ESQ.

Nevada Bar No. 6730
2 shawn@manganolaw.com
SHAWN A. MANGANO, LTD.
3 9960 West Cheyenne Avenue, Suite 170
Las Vegas, Nevada 89129-7701
4 Tel: (702) 304-0432
Fax: (702) 922-3851
5
J. CHARLES COONS, ESQ.
6 Nevada Bar No. 10553
ccoons@righthaven.com
7 Assistant General Counsel at Righthaven LLC
Righthaven LLC
8 9960 West Cheyenne Avenue, Suite 210
Las Vegas, Nevada 89129-7701
9 (702) 527-5900
10 Attorneys for Plaintiff Righthaven LLC
11
UNITED STATES DISTRICT COURT
12
DISTRICT OF NEVADA
13

14
RIGHTHAVEN LLC, a Nevada limited- Case No.: 2:11-cv-XXXX
15 liability company,
COMPLAINT AND DEMAND
16 FOR JURY TRIAL
17 Plaintiff,
18 v.
19 PETER ASHTON, an individual,
20
Defendant.
21

22

23
Righthaven LLC (“Righthaven”) complains as follows against Peter Ashton (“Mr.
24
Ashton”) on information and belief:
25

26

27
NATURE OF ACTION
28
1. This is an action for copyright infringement pursuant to 17 U.S.C. § 501.

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2 PARTIES
3 2. Righthaven is, and has been at all times relevant to this lawsuit, a Nevada limited-
4 liability company with its principal place of business in Nevada.
5 3. Righthaven is, and has been at all times relevant to this lawsuit, in good standing
6 with the Nevada Secretary of State.
7 4. Mr. Ashton is, and has been at all times relevant to this lawsuit, the owner of the
8 Internet domain found at <peteashton.com> (the “Domain”).
9 5. Mr. Ashton is, and has been at all times relevant to this lawsuit, identified by the
10 current registrar, Dotster (“Dotster”), as the administrative contact and technical contact for the
11 Domain.
12

13 JURISDICTION
14 6. This Court has original subject matter jurisdiction over this copyright
15 infringement action pursuant to 28 U.S.C. § 1331 and 28 U.S.C. § 1338(a).
16 7. Righthaven is the owner of the copyright in the illustration entitled: “Vdara death-
17 ray” (the “Work”), attached hereto as Exhibit 1.
18 8. At all times relevant to this lawsuit, the Work has depicted and depicts the
19 original source publication as the Las Vegas Review-Journal.
20 9. Mr. Ashton willfully copied, on an unauthorized basis, the Work from a source
21 emanating from Nevada.
22 10. On or about September 29, 2010, Mr. Ashton displayed, and continues to display,
23 an unauthorized reproduction of the Work (the “Infringement”), attached hereto as Exhibit 2, as
24 part of the content accessible through the Domain (said content accessible through the Domain
25 and the Domain itself collectively known herein as the “Website”).
26 11. At all times relevant to this lawsuit, the Infringement has depicted and depicts the
27 original source publication as the Las Vegas Review-Journal.
28

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1 12. The subject matter, at least in part, of the Work and the Infringement, is the
2 magnification of the sun’s rays off the surface of the Vdara Hotel, located in Las Vegas, Nevada.
3 13. At all times relevant to this lawsuit, Mr. Ashton knew that the Work was
4 originally published in the Las Vegas Review-Journal.
5 14. At all times relevant to this lawsuit, Mr. Ashton knew that the Infringement was
6 and is of specific interest to Nevada residents.
7 15. At all times relevant to this lawsuit, the Infringement, as publically displayed on
8 the Website was and is accessible in Nevada.
9 16. At all times relevant to this lawsuit, the Infringement occurred and continues to
10 occur in Nevada.
11 17. Mr. Ashton’s display of the Infringement was and is purposefully directed at
12 Nevada residents.
13

14 VENUE
15 18. The United States District Court for the District of Nevada is an appropriate
16 venue, pursuant to 28 U.S.C. § 1391(b)(2), because a substantial part of the events giving rise to
17 the claim for relief are situated in Nevada.
18 19. The United States District Court for the District of Nevada is an appropriate
19 venue, pursuant to 28 U.S.C. § 1400 (a), because Mr. Ashton is subject to personal jurisdiction in
20 Nevada.
21

22 FACTS
23 20. The Work constitutes copyrightable subject matter, pursuant to 17 U.S.C. §
24 102(a)(5).
25 21. Righthaven is the owner of the copyright in and to the Work.
26 22. The Work was originally published on or about September 25, 2010.
27 23. On November 24, 2010, the United States Copyright Office (the “USCO”)
28 received Righthaven’s official submittal for the registration to the Work, including the

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1 application, the deposit copy, and the registration fee (the “Complete Application”), Service
2 Request No. 1-524088592, and attached hereto as Exhibit 3 is the official USCO application
3 submittal for the Work depicting the occurrence of the Complete Application.
4 24. On or about September 29, 2010, Mr. Ashton displayed, and continues to display,
5 the Infringement on the Website.
6 25. Mr. Ashton did not seek permission, in any manner, to reproduce, display, or
7 otherwise exploit the Work.
8 26. Mr. Ashton was not granted permission, in any manner, to reproduce, display, or
9 otherwise exploit the Work.
10

11 CLAIM FOR RELIEF: COPYRIGHT INFRINGEMENT

12 27. Righthaven repeats and realleges the allegations set forth in Paragraphs 1 through
13 26 above.
14 28. Righthaven holds the exclusive right to reproduce the Work, pursuant to 17
15 U.S.C. § 106(1).
16 29. Righthaven holds the exclusive right to prepare derivative works based upon the
17 Work, pursuant to 17 U.S.C. § 106(2).
18 30. Righthaven holds the exclusive right to distribute copies of the Work, pursuant to
19 17 U.S.C. § 106(3).
20 31. Righthaven holds the exclusive right to publicly display the Work, pursuant to 17
21 U.S.C. § 106(5).
22 32. Mr. Ashton reproduced the Work in derogation of Righthaven’s exclusive rights
23 under 17 U.S.C. § 106(1).
24 33. Mr. Ashton created an unauthorized derivative of the Work in derogation of
25 Righthaven’s exclusive rights under 17 U.S.C. § 106(2).
26 34. Mr. Ashton distributed, and continues to distribute, an unauthorized reproduction
27 of the Work on the Website, in derogation of Righthaven’s exclusive rights under 17 U.S.C. §
28 106(3).

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1 35. Mr. Ashton publicly displayed, and continues to publicly display, an unauthorized
2 reproduction of the Work on the Website, in derogation of Righthaven’s exclusive rights under
3 17 U.S.C. § 106(5).
4 36. Mr. Ashton has willfully engaged in the copyright infringement of the Work.
5 37. Mr. Ashton’s acts as alleged herein, and the ongoing direct results of those acts,
6 have caused and will continue to cause irreparable harm to Righthaven in an amount Righthaven
7 cannot ascertain, leaving Righthaven with no adequate remedy at law.
8 38. Unless Mr. Ashton is preliminarily and permanently enjoined from further
9 infringement of the Work, Righthaven will be irreparably harmed, and Righthaven is thus
10 entitled to preliminary and permanent injunctive relief against further infringement by Mr.
11 Ashton of the Work, pursuant to 17 U.S.C. § 502.
12

13 PRAYER FOR RELIEF

14 Righthaven requests that this Court grant Righthaven’s claim for relief herein as follows:
15 1. Preliminarily and permanently enjoin and restrain Mr. Ashton, and Mr. Ashton’s
16 agents, servants, employees, attorneys, parents, subsidiaries, related companies, partners, and all
17 persons acting for, by, with, through, or under Mr. Ashton, from directly or indirectly infringing
18 the Work by reproducing the Work, preparing derivative works based on the Work, distributing
19 the Work to the public, and/or displaying the Work, or ordering, directing, participating in, or
20 assisting in any such activity;
21 2. Direct Mr. Ashton to preserve, retain, and deliver to Righthaven in hard copies or
22 electronic copies:
23 a. All evidence and documentation relating in any way to Mr. Ashton’s use
24 of the Work, in any form, including, without limitation, all such evidence and
25 documentation relating to the Website;
26 b. All evidence and documentation relating to the names and addresses
27 (whether electronic mail addresses or otherwise) of any person with whom Mr. Ashton
28 has communicated regarding Mr. Ashton’s use of the Work; and

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1 c. All financial evidence and documentation relating to Mr. Ashton’s use of

2 the Work;
3 3. Direct the current registrar, Dotster, and any successor domain name registrar for
4 the Domain, to lock the Domain and transfer control of the Domain to Righthaven;
5 4. Award Righthaven statutory damages for the willful infringement of the Work,
6 pursuant to 17 U.S.C. § 504(c);
7 5. Award Righthaven costs, disbursements, and attorneys’ fees incurred by
8 Righthaven in bringing this action, pursuant to 17 U.S.C. § 505;
9 6. Award Righthaven pre- and post-judgment interest in accordance with applicable
10 law; and
11 7. Grant Righthaven such other relief as this Court deems appropriate.
12

13 DEMAND FOR JURY TRIAL

14 Righthaven requests a trial by jury pursuant to Fed. R. Civ. P. 38.
15 Dated this twelfth day of January, 2011.
16
SHAWN A. MANGANO, LTD.
17

18 By: /s/ J. Charles Coons

SHAWN A. MANGANO, ESQ.
19 Nevada Bar No. 6730
shawn@manganolaw.com
20 SHAWN A. MANGANO, LTD.
9960 West Cheyenne Avenue, Suite 170
21 Las Vegas, Nevada 89129-7701
Tel: (702) 304-0432
22 Fax: (702) 922-3851
23 J. CHARLES COONS, ESQ.
Nevada Bar No. 10553
24 ccoons@righthaven.com
Assistant General Counsel at Righthaven LLC
25 Righthaven LLC
9960 West Cheyenne Avenue, Suite 210
26 Las Vegas, Nevada 89129-7701
(702) 527-5900
27 Attorneys for Plaintiff Righthaven LLC
28