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Case 2:12-cv-05386-RSWL-RZ

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1 RUSSELL J. FRACKMAN (SBN 49087) msk.com

2 STINE LEPERA (pro hac vice motion forthcoming) msk.com

3 STINA E. DJORDJEVICH (SBN 262721) msk.com

4 HELL SILBERBERG & KNUPP LLP 11377 West Olympic Boulevard

5 Los Angeles, California 90064-1683 Telephone: (310) 312-2000

6 Facsimile: (310) 312-3100

7 Attorneys for Plaintiffs

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9

UNITED STATES DISTRICT COURT

n-3

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c_n

Cr)

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12 DANIEL AUERBACH and PATRICK CARNEY (collectively and

13 professionally known as "THE BLACK YS"); TFM BLACK KEYS

14 PARTNERSHIP d/b/a MCMOORE MCLESST PUBLISHING; and BRIAN

15 BURTON p/k/a DANGER MOUSE individually and d/b/a SWEET

16 SCIENCE,

Plaintiffs,

17

18

19 THE HOME DEPOT, INC., a Delaware corporation; and DOES 1 — 10,

CENTRAL DISTRICT OF CALIFORNIA

CASE ip 12-5386

COMPLAINT FOR COPYRIGHT INFRINGEMENT

DEMAND FOR JURY TRIAL

V.

20 inclusive,

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24 Plaintiffs Daniel Auerbach ("Auerbach") and Patrick Carney ("Carney")

25 (collectively and professionally known as "The Black Keys"), Plaintiff The Black

26 Keys Partnership d/b/a McMoore McLesst Publishing and Plaintiff Brian Burton

27 p/k/a Danger Mouse d/b/a Sweet Science ("Burton") (collectively, "Plaintiffs")

28 aver as follows:

Defendants.

Mitchell Silberberg & Knupp LLP

COMPLAINT FOR COPYRIGHT INFRINGEMENT

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I.

PRELIMINARY STATEMENT

Plaintiffs bring this action seeking to put an immediate stop to, and to

obtain redress for, Defendants' blatant and purposeful infringement of the

copyright in Plaintiffs' musical composition entitled "Lonely Boy."

2. Plaintiffs are hugely successful musical artists and songwriters.

Plaintiffs Auerbach and Carney comprise the Grammy Award-winning, critically

acclaimed musical duo "The Black Keys," whose most recent album "El Camino"

debuted at Number 2 on the Billboard 200 Chart, has been certified Gold and has

sold more than 800,000 units. Plaintiff Burton, professionally known as "Danger

Mouse," is also a lauded musical artist, songwriter and producer. Burton formed

the enormously popular duo "Gnarls Barkley" and was named "Producer of the

Year" at the Grammy Awards in 2011.

Plaintiffs, is the lead single from the album "El Camino."

"Lonely Boy", which was co-written by the

3. Recognizing Plaintiffs' popularity, talent and goodwill, and in a

brazen and improper effort to capitalize on Plaintiffs' hard-earned success,

Defendants have created and publicized (or caused to be created and publicized) a

commercial advertisement for "Ryobi" brand power tools which prominently

features significant portions of Plaintiffs' musical composition "Lonely Boy"

without authorization from Plaintiffs. Defendants' infringing commercial

advertisement can be viewed at http://www.youtube.com/watch?v=btTEaFJV8hQ.

4. Defendants' conduct is causing, and unless immediately enjoined will

continue to cause, enormous and irreparable harm to Plaintiffs. Defendants may

not continue to exploit Plaintiffs' musical composition without authorization in

order to advertise products to the public. Defendants' conduct must immediately

be stopped and Plaintiffs must be compensated for Defendants' willful acts of

infringement.

2

COMPLAINT FOR COPYRIGHT INFRINGEMENT

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JURISDICTION AND VENUE

5. This is a civil action seeking damages and injunctive relief for

copyright infringement under the Copyright Act of the United States, 17 U.S.C.

§ 101, et seq.

6. This Court has subject matter jurisdiction over this action pursuant to

28 U.S.C. §§ 1331 and 1338(a).

7. This Court has personal jurisdiction over Defendants because, among

other things, Defendants are doing business in the State of California and in this

judicial district, the acts of infringement complained of herein occurred in the State

of California and in this judicial district, and Defendants have caused injury to

Plaintiffs and their intellectual property in the State of California and in this

judicial district.

8. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b) and

(c), and/or § 1400(a).

THE PARTIES

9. Plaintiff Auerbach is a musical artist and a songwriter, a co-author of

the musical composition entitled "Lonely Boy," and a legal and/or beneficial owner

of a copyright interest in and to that musical composition.

10. Plaintiff Carney is a musical artist and a songwriter, a co-author of the

musical composition entitled "Lonely Boy," and a legal and/or beneficial owner of

a copyright interest in and to that musical composition.

11. Plaintiff The Black Keys Partnership d/b/a McMoore McLesst

Publishing is a copyright owner and claimant in and to the musical composition

"Lonely Boy."

12. Plaintiff Burton, individually and d/b/a Sweet Science, is a musical

artist, songwriter and producer, a co-author of the musical composition entitled

"Lonely Boy," and a legal and/or beneficial owner of a copyright interest in and to

28 that musical composition.

Mitchell Silberberg & Knupp LLP

3

COMPLAINT FOR COPYRIGHT INFRINGEMENT

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13. Defendant The Home Depot, Inc. ("Home Depot"), is a corporation

organized and existing under the laws of the State of Delaware, with its principal

place of business in Atlanta, Georgia. Home Depot does business throughout the

United States, including in this judicial district. Home Depot is engaged in the

business of, among other things, advertising, marketing and selling home

improvement products.

14. The true names and capacities, whether individual, corporate,

associate, or otherwise, of defendants sued herein as Does 1 through 10, inclusive,

are unknown to Plaintiffs, who therefore sue said defendants by such fictitious

names (the "Doe Defendants"). Plaintiffs will seek leave of Court to amend this

complaint to state their true names and capacities when they have been ascertained.

Plaintiffs are informed and believe, and on that basis aver, that the Doe Defendants

are liable to Plaintiffs as a result of their participation in all or some of the acts

hereinafter set forth. Home Depot and the Doe Defendants are referred to

collectively herein as "Defendants."

15. Plaintiffs are informed and believe, and on that basis aver, that, at all

times mentioned in this complaint, each of the Defendants was the agent and/or

alter ego of each of the other Defendants and, in doing the things alleged in this

complaint, was acting within the course and scope of such agency.

GENERAL AVERMENTS

16. Plaintiffs are the co-authors of the music and lyrics to the original

musical composition "Lonely Boy."

copyright in the composition "Lonely Boy" (the "Infringed Composition") as

authors and through their publishing entities McMoore McLesst Publishing and

Sweet Science.

Plaintiffs own the rights and title to the

17. Plaintiffs filed an application for copyright registration with the

United States Copyright Office for the musical composition "Lonely Boy" on

December 9, 2011, and are awaiting the issuance of a registration. A true and

4

COMPLAINT FOR COPYRIGHT INFRINGEMENT

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Mitchell Silberberg & Knupp LLP

82400.1/42943-00000

correct copy of Plaintiffs' application for copyright registration is annexed hereto

as Exhibit A.

18. "Lonely Boy" was recorded by The Black Keys in 2011, and was

released in October 2011 as the lead single from The Black Keys' seventh album

entitled "El Camino," which album was subsequently released to the public in

December 2011 by Nonesuch Records, a division of the Warner Music Group.

19. In or around May 2012, it came to Plaintiffs' attention that Defendants

and/or their agents reproduced, distributed, and/or publicly performed (and/or

caused to be reproduced, distributed, and/or publicly performed) a substantial

portion of the Infringed Composition without Plaintiffs' authorization in a

commercial advertisement for "Ryobi" power tools, which can be viewed at

http://www.youtube.com/watch?v=btTEaRTV8hQ (the "Infringing

Advertisement").

20. Defendants do not have any license, authorization, permission or

consent to use the Infringed Composition.

21. In fact, on May 22, 2012, through The Black Keys' exclusive

publishing administrator Wixen Music Publishing, Inc., located in California,

Plaintiffs provided written notice to Defendant Home Depot that the Infringing

Advertisement constitutes infringement of Plaintiffs' rights and demanded that

Defendant Home Depot immediately cease and desist from any further use of the

Infringed Composition. Nevertheless, Defendants continue to willfully,

intentionally and purposefully use and exploit the Infringed Composition for their

own financial benefit with full knowledge that such use constitutes infringement

of, and is in disregard of, Plaintiffs' rights.

5

COMPLAINT FOR COPYRIGHT INFRINGEMENT

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Mitchell S ilberberg & Knupp LLP

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COUNT!

COPYRIGHT INFRINGEMENT (17 U.S.C. §§ 106 and 501)

(By Plaintiffs Against Defendants)

22. Plaintiffs incorporate herein by this reference each and every

averment contained in paragraphs 1 through 21, inclusive.

23. Through their conduct averred herein, Defendants have infringed

Plaintiffs' copyright in the Infringed Composition in violation of Sections 106 and

501 of the Copyright Act, 17 U.S.C. §§ 106 and 501.

24. Defendants' acts of infringement are willful, intentional and

purposeful, in disregard of and with indifference to Plaintiffs' rights.

25. As a direct and proximate result of said infringement by Defendants,

Plaintiffs are entitled to damages in an amount to be proven at trial.

26. Plaintiffs are 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.

27. Plaintiffs further are entitled to their attorneys' fees and full costs

pursuant to 17 U.S.C. § 505 and otherwise according to law.

28. As a direct and proximate result of the foregoing acts and conduct,

Plaintiffs have sustained and will continue to sustain substantial, immediate, and

irreparable injury, for which there is no adequate remedy at law. Plaintiffs are

informed and believe and on that basis aver that unless enjoined and restrained by

this Court, Defendants will continue to infringe Plaintiffs' rights in the Infringed

Composition. Plaintiffs are entitled to preliminary and permanent injunctive relief

to restrain and enjoin Defendants' continuing infringing conduct.

6

COMPLAINT FOR COPYRIGHT INFRINGEMENT

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WHEREFORE, Plaintiffs pray 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. For an accounting of, and the imposition of constructive trust with

respect to, Defendants' profits attributable to their infringements of Plaintiffs'

copyright in the Infringed Composition.

3. For a preliminary and permanent injunction prohibiting Defendants,

and their respective agents, servants, employees, officers, successors, licensees and

10 assigns, and all persons acting in concert or participation with each or any of them,

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Mitchell Silberberg & Knupp LLP

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from continuing to infringe Plaintiffs' copyright in the Infringed Composition.

4. For prejudgment interest according to law.

5. For Plaintiffs' attorneys' fees, costs, and disbursements in this action.

6. For such other and further relief as the Court may deem just and

proper.

RUSSELL J. FRACKMAN CHRISTINE LEPERA (pro hac vice motion forthcoming) CHRISTINA E. DJORDJEVICH MITCHELL SILBERBERG & KNUPP LLP

By:

3iatiati

Russell J. Frackian Attorneys for Plaintiffs

7

COMPLAINT FOR COPYRIGHT INFRINGEMENT

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Mitchell Silberberg & Knupp LLP

82400.1/42943-00000

DEMAND FOR JURY TRIAL

Plaintiffs demand a trial by jury.

Date: June 21, 2012

RUSSELL J. FRACKMAN CHRISTINE LEPERA (pro hac vice motion forthcoming) CHRISTINA E. DJORDJEVICH MITCHELL SILBERBERG & KNUPP LLP

By:

auttimon

Russell J. FracI t*an Attorneys for Plaintiffs

8

COMPLAINT FOR COPYRIGHT INFRINGEMENT

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EXHIBIT A

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'-APPLICATION-*

Title

Title of Work: El Camino Contents Titles: Run Right Back

Dead And Gone

Money Maker

Mind Eraser

Nova Baby

Lonely Boy

Sister

Gold On The Ceiling

Stop Stop

fell Of A Season

Little Black Submarines

Completion/Publication

Year of Completion: 2011 Date of 1st Publication: December 6, 2011

Author

Author:

Author Created:

Dan Auerbach

music, lyrics

Citizen of: United States

Author:

Patrick Carney

Author Created: music, lyrics

Citizen of: United States

Nation of 1st Publication: United States

Domiciled in: United States

Domiciled in: United States

Exhibit A

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whom Brian Burton

Author Created: music, lyrics

Citizen of: United States

Domiciled in: United States

Copyright claimant

Copyright Claimant: McMoore McLesst Publishing

11025 Park Sorrento, Suite 130, Calabasas, CA, 91302, Yemen

l'ransfer Statement: By written agreement Copyright Claimant: Sweet Science

PO Box 340020, Nashville, TN, 37203, United States

Transfer Statement: By written agreement

Certification

Name: Randall Wixen

Date: December 9, 2011

Exhibit A

1N-g-e- 11T-

Pige 2 of 2

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Document 1

Registration #:

lervice Request #: I -696593:381

Priority: Routine

Filed 06/21/12

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Page ID #:15

Application Date: December 9, 2011 11:01:59 AM

Correspondent

Organization Name: Wixen Music Publishing, Inc.

Name: Jennifer Suomi

Email: jsuomi@wixenmusic.com

•Xddress: 24025 Park Sorrento Suite 130 Calabasas, CA 91302 United States

Mail Certificate

Wixen Music Publishing, Inc. Jennifer Suomi 24025 Park Sorrento Suite 130 Calabasas, CA 91302 United States

Exhibit A

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY

This case has been assigned to District Judge Ronald S. W. Lew and the assigned discovery Magistrate Judge is Ralph Zarefsky.

The case number on all documents filed with the Court should read as follows:

CV12 -

5386 RSWL (RZx)

Pursuant to General Order 05-07 of the United States District Court for the Central District of California, the Magistrate Judge has been designated to hear discovery related motions.

All discovery related motions should be noticed on the calendar of the Magistrate Judge

NOTICE TO COUNSEL

A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is filed, a copy of this notice must be served on all plaintiffs).

Subsequent documents must be filed at the following location:

[X] Western Division 312 N. Spring St., Rm. G-8 Los Angeles, CA 90012

u Southern Division 411 West Fourth St., Rm. 1-053 Santa Ana, CA 92701-4516

U Eastern Division 3470 Twelfth St., Rm. 134 Riverside, CA 92501

Failure to file at the proper location will result in your documents being returned to you.

CV-18 (03/06)

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY

Russell J. Frackman (SBN 4908p- rjf@msk.com

Christine Lepera (pro hac vice rron forthcoming) ctl@msk.com Christina E. Djordjevich (SBN 262721) cyd@msk.com MITCHELL SILBERBERG & KNUPP LLP

11377 West Olympic Blvd. Los Angeles, CA 90064-1683 Tel. (310) 312-2000; Fax (310) 312-3100

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

DANIEL AUERBACH and PATRICK CARNEY (collectively and professionally known as "THE BLACK KEYS"); THE BLACK KEYS PARTNERSHIP d/b/a MCMOORE MCLESST PUBLISHING; and BRIAN BURTON p/k/a DANGER MOUSE individually and d/b/a SWEET SCIENCE,

v.

PLAINTIFF(S)

THE HOME DEPOT, INC., a Delaware corporation; and DOES 1 — 10, inclusive,

TO: DEFENDANT(S):

DEFENDANT(S).

A lawsuit has been filed against you.

CASE NUMBER

C1112-5386-fs

SUMMONS

Within 21 days after service of this summons on you (not counting the day you received it), you must serve on the plaintiff an answer to the attached Z complaint 111 amended complaint El counterclaim cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff's attorney, Russell J. Frackman, whose address is MITCHELL SILBERBERG & KNUPP, 11377 West Olympic Blvd., Los Angeles, California 90064-1683. If you fail to do so, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

"NJ!

MCC

11:1C

Dated:

JUN 2

2012

By:

Deputi Clerk

(Seal of the Court)

[Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States. Allowed 60 days by Rule 12(a)(3)].

CV-01A (10/11

SUMMONS

American LegaiNet, Inc. C,)I www.FormsWorkFlow.com

Case 2:12-cv-05386-RSWL-RZ

UNITED STATES DISTRICT COURT, CENTRAL DISTRI

Document 1

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CIVIL COVER SHEET

Page 15 of 16

OF CALIFORNIA

Page ID #:18

I (a) PLAINTIFFS (Check box if you are representing yourself 0)

Daniel Auerbach; Patrick Carney; The Black Keys Partnership d/b/a McMoore McLesst Publishing; Brian Burton p/k/a Danger Mouse individually and d/b/a Sweet Science

DEFENDANTS

The Home Depot, Inc., a Delaware corporation; and Does inclusive

1- 10,

(b) Attorneys (Firm Name, Address and Telephone Number. If you are representing yourself, provide same.)

Attorneys (If Known)

Russell J. Frackman Christine Lepera Christina E. Djordjevich Mitchell Silberberg & Knapp LLP 11377 W. Olympic Blvd., Los Angeles, CA 90064-1683 Tel. (310) 312-2000; Fax (310) 312-3100

II. BASIS OF JURISDICTION (Place an X in one box only.)

0

0

1 U.S. Government Plaintiff Z 3 Federal Question (U.S. Government Not a Party

2 U.S. Government Defendant

0 4 Diversity (Indicate Citizenship of Parties in Item III)

IV. ORIGIN (Place an X in one box only.)

III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only

(Place an X in one box for plaintiff and one for defendant.)

Citizen of This State

Citizen of Another State

Citizen or Subject of a Foreign Country

PTF DEF

0

1

0 2

0

3

1

0

0 2

0 3

PTF DEF

Incorporated or Principal of Business in this State

Incorporated and Principal Place 0 of Business in Another State

Foreign Nation

Place 0

4

0 zi

5

5 0

D

0 6

Z

1 Original 0 Proceeding

2 Removed from State Court

0 3 Remanded from Appellate Court

0 4 Reinstated or Reopened

o 5 Transferred from ancther district (specify):

0

6 Multi- 0 District Litigation

7 Appeal to Distric Judge from Magistrate Judge

V. REQUESTED IN COMPLAINT: JURY DEMAND: E Yes 0 No (Check 'Yes' only if demanded in complaint.)

 

CLASS ACTION

under F.R.C.P.

23:0 Yes Z No

 

Z MONEY DEMANDED IN COMPLAINT: S

VI. CAUSE OF ACTION (Cite the U. S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)

Copyright infringement under 17 U.S.C. §§ 106 and 501 based on Defendants' unauthorized use of Plaintiffs' composition.

VII. NATURE OF SUIT Place an X in one box only. )

LABOR '

OTHER STATUTES

CONTRACT,

TORTS„

TORTS

. PRISONER

PERSONAL INJURY '.

PERSONAL

PETITIONS

310 Airplane

 

PROPERTY

.

510 Motions to Vacate

370 Other Fraud

Sentence Habeas

315 Airplane Product Liability

371 Truth in Lending

Corpus

320 Assault, Libel &

0

380 Other Personal

530

General

Slander

Property Damage°

535

Death Penalty

330 Fed. Employers' Liability

385 Property Damage Product Liability

540 Mandamus/ Other

340 Marine

350 Motor Vehicle

345 Marine Product

BANKRUPTCY 22 Appeal 28 USC

550 Civil Rights 555 Prison Condition

158

FORFEITURE/

PENALTY

Liability

0 423 Withdrawal 28

USC 157

 

Agriculture

355 Motor Vehicle

610

Product Liability

CIVII RIGHTS

620

Other Food &

IIII 360 Other Personal

441 Voting

Drug

Injury

442 Employment

625

Drug

Related

362 Personal Injury-

m 443 Housing/Acco.

Seizure of

Med Malpractice

mmodations

Property 21 USC

365 Personal Inju ry- 444 Welfare

 

881

Product Liability

445 American with

630 Liquor Laws

368 Asbestos Personal

Disabilities —

640

R.R.& Truck

Injury Product Liability

 

Employment

650

Airline Regs

446 American with

660 Occupational

IMMIGRATION

Disa bili ties —

 

Safety /Health

462 Naturalizat ion

 

Other

690

Other

 

Application 463 Habeas Corpus- Alien Detainee

440 Other Civil Rights

400

State Reapportionment

110 Insurance

410

Antitrust

120 Marine

430

Banks and Banking

130 Miller Act

450

Commerce/ICC Rates/etc.

11 140 Negotiable Instrument 150 Recovery of

460

Deportation

Overpayment &

470

Racketeer Influenced and Corrupt

 

Enforcement of Judgment

Organizations

151 Medicare Act

480

Consumer Credit

152 Recovery of Defaulted

490

Cable/Sat TV

Student Loan (Excl.

• 810

Selective Service

Veterans)

• 850

Securities/Commodities/ Exchange

153 Recovery of Overpayment of

• 875

Customer Challenge 12 USC 3410

Veteran's Benefits 160 Stockholders' Suits

• 890

Other Statutory Actions

190 Other Contract

• Agricultural

891

Act

195 Contract Product

892

Economic Stabilization Act

Liability 196 Franchise

893

Environmental Matters

REAL PROPERTY

894

Energy Allocation Act

210 Land Condemnation

895

Freedom of Info. Act

220 Foreclosure

900

Appeal of Fee Deterrni-

230 Rent Lease & Ejectment

nation Under Equal

240 Torts to Land

Access to Justice

U 245 Tort Product Liability

II 950 Constitutionality of State m 290 All Other Real

Statutes

Property

710

Fair Labor Standard:

 

Act

720

Labor/Mgmt.

 

Relations

730 Labor/Mgmt. Reporting & Disclosure Act 740 Railway Labor Act

790 Other Labor Litigation

791

Empl. Ret Inc.

 

Security Act

 

PROPERTY RIGHTS

820

Copyrights

830 Patent

840 Trademark

SOCIAL SECURITY

61 HIA(1395f0

862

Black Lung (923)

863 DIWC/DIWW

 

405(g))

864 SSID Title XVI

865 RSI (405(g)) FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff or Defendant)

871

IRS-Third Party 26 USC 7609

1,

465 Other Immigration tions

FOR OFFICE USE ONLY:

Case Number:

GOP

CV-71 (05/08)

AFTER COMPLETING THE FRONT SIDE OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED BELOW.

CIVIL COVER SHEET

PY

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UNITED STATES DISTRICT COURT, CENTRAL DISTRItT OF CALIFORNIA

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VIII(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed?

If yes, list case number(s):

CEI No 0 Yes

VIII(b). RELATED CASES: Have any cases been previously filed inthis court that are related to the present case? Z No 0 Yes

If yes, list case number(s):

Civil cases are deemed related if a previously filed case and the present case:

(Check all boxes that apply) 0 A. Arise from the same or closely related transactions, happenings, or events; or

0 B.

Call for determination of the same or substantially related or similar questions of law and fact; or

0 C.

For other reasons would entail substantial duplication of labor if heard by different judges; or

0 D.

Involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c also is present.

IX. VENUE: (When completing the following information, use an additional sheet if necessary.)

(a) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named plaintiff resides. 0 Check here if the government, its agencies or employees is a named plaintiff. If this box is checked, go to item (b).

County in this District:*

' Plaintiff Brian Burton resides in Los Angeles County

Califomia County outside of this District; State, if other than California; or Foreign Country

Plaintiff Daniel Auerbach resides in Tennessee Plaintiff Patrick Carney resides in Tennessee

Plaintiff The Black Keys Partnership resides in Tennessee

(b) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which Check here if the government, its agencies or employees is a named defendant. If this box is checked, go to item (c).

EACH named defendant resides.

County in this District:*

California County outside of this District; State, if other than California; or Foreign Country

Defendant Home Depot, Inc. resides in Los Angeles County

(c) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arose. Note: In land condemnation cases, use the location of the tract of land involved.

County in this District:*

Los Angeles County

California County outside of this District; State, if other than California; or Foreign Country

* Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo Counties Note: In land condemnation cases, use the location of ct of land i olved

X. SIGNATURE OF ATTORNEY (OR PRO PER):

MI

Date

June 21, 2012

Notice to Counsel/Parties: The CV-71 (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. This form, approved by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3 -1 is not filed but is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instructions sheet.)

Key to Statistical codes relating to Social Security Cases:

Nature of Suit Code Abbreviation Substantive Statement of Cause of Action

861

HIA

All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program. (42 U.S.C. 1935FF(b))

862

BL

All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 U.S.C. 923)

863

DIWC

All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amended; plus all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405(g))

863

DIWW

All claims filed for widows orwidowers insurance benefits based on disability under Title 2 ofthe Social Security Act, as amended. (42 U.S.C. 405(g))

864

SSID

All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, as amended.

865

RSI

All claims for retirement (old age) ard survivors benefits under Title 2 of the Social Security Act, as amended. (42 U.S.C. (g))

CV-7I (05/08)

CIVIL COVER SHEET

Page 2 of:

American LegaiNet, Inc. www.ForrnsWorkflow.com

Case 2:12-cv-05385-ODW-JC

Document 1

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RUSSELL J. FRACKMAN (SBN 49087) r. f msk.com

STINE LEPERA (pro hac vice motion forthcomingi ctl msk.com

CH1JSTINA E. DJORDJEVICH (SBN 262721) cyd msk.com

MITCHELL SILBERBERG & KNUPP LLP 11377 West Olympic Boulevard

Los Angeles, California 90064-1683 Telephone: (310) 312-2000

Facsimile: (310) 312-3100

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

DANIEL AUERBACH and PATRICK CARNEY (collectively and

rofessionally known as "THE BLACK YS"); TFffi BLACK KEYS

PARTNERSHIP d/b/a MCMOORE MCLESST PUBLISHING; and BRIAN

BURTON p/k/a DANGER MOUSE individually and d/b/a SWEET

SCIENCE,

Plaintiffs,

V.

PIZZA HUT, INC., a Delaware corporation; 30TH CENTURY

MASTERS LLC, a Virginia limited liability company; THE MARTIN

AGENCY, INC., a Virginia corporation; THE INTERPUBLIC

GROUP OF COMPANIES, INC., a Delaware corporation; and DOES 1 —

10, inclusive,

Defendants.

COMPLAINT FOR COPYRIGHT INFRINGEMENT

DEMAND FOR JURY TRIAL

Plaintiffs Daniel Auerbach ("Auerbach") and Patrick Carney ("Carney")

(collectively and professionally known as "The Black Keys"), Plaintiff The Black

Keys Partnership d/b/a McMoore McLesst Publishing and Plaintiff Brian Burton

COMPLAINT FOR COPYRIGHT INFRINGEMENT

Case 2:12-cv-05385-ODW-JC

Document 1

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p/k/a Danger Mouse d/b/a Sweet Science ("Burton") (collectively, "Plaintiffs")

aver as follows:

PRELIMINARY STATEMENT

1. Plaintiffs bring this action seeking to put an immediate stop to, and to

obtain redress for, Defendants' blatant and purposeful infringement of the

copyright in Plaintiffs' musical composition entitled "Gold On The Ceiling."

2. Plaintiffs are hugely successful musical artists and songwriters.

Plaintiffs Auerbach and Carney comprise the Grammy Award-winning, critically

acclaimed musical duo "The Black Keys," whose most recent album "El Camino"

debuted at Number 2 on the Billboard 200 Chart, has been certified Gold and has

sold more than 800,000 units. Plaintiff Burton, professionally known as "Danger

Mouse," is also a lauded musical artist, songwriter and producer. Burton formed

the enormously popular duo "Gnarls Barkley" and was named "Producer of the

Year" at the Grammy Awards in 2011.

written by the Plaintiffs, was released as the second single from the album "El

"Gold On The Ceiling," which was co-

Camino."

3. Recognizing Plaintiffs' popularity, talent and goodwill, and in a

brazen and improper effort to capitalize on Plaintiffs' hard-earned success,

Defendants have created and publicized (or caused to be created and publicized)

a commercial advertisement for "Cheesy Bites Pizza" which prominently

features significant portions of Plaintiffs' musical composition "Gold On The

Ceiling" without authorization from Plaintiffs. Defendants' infringing

commercial advertisement can be viewed at

http://www.youtube.com/watch?v=YkaGEgjWdNI.

4. Defendants' conduct is causing, and unless immediately enjoined will

continue to cause, enormous and irreparable harm to Plaintiffs. Defendants may

not continue to exploit Plaintiffs' musical composition without authorization in

2

COMPLAINT FOR COPYRIGHT INFRINGEMENT

Case 2:12-cv-05385-ODW-JC

Document 1

Filed 06/21/12

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order to advertise products to the public. Defendants' conduct must immediately

be stopped and Plaintiffs must be compensated for Defendants' willful acts of

infringement.

JURISDICTION AND VENUE

5. This is a civil action seeking damages and injunctive relief for

copyright infringement under the Copyright Act of the United States, 17 U.S.C.

§ 101, et seq.

6. This Court has subject matter jurisdiction over this copyright

infringement action pursuant to 28 U.S.C. §§ 1331 and 1338(a).

7. This Court has personal jurisdiction over Defendants because, among

other things, Defendants are doing business in the State of California and in this

judicial district, the acts of infringement complained of herein occurred in the State

of California and in this judicial district, and Defendants have caused injury to

Plaintiffs and their intellectual property within the State of California and in this

judicial district.

8. Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(b) and

(c), and/or § 1400(a).

THE PARTIES

9. Plaintiff Auerbach is a musical artist and a songwriter, a co-author of

the musical composition entitled "Gold On The Ceiling," and a legal and/or

beneficial owner of a copyright interest in and to that musical composition.

10. Plaintiff Carney is a musical artist and a songwriter, a co-author of the

musical composition entitled "Gold On The Ceiling," and a legal and/or beneficial

owner of a copyright interest in and to that musical composition.

11. Plaintiff The Black Keys Partnership d/b/a McMoore McLesst

Publishing is a copyright owner and claimant in and to the musical composition

"Gold On The Ceiling."

3

COMPLAINT FOR COPYRIGHT INFRINGEMENT

Case 2:12-cv-05385-ODW-JC

Document 1

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12. Plaintiff Burton, individually and d/b/a Sweet Science, is a musical

artist, songwriter and producer, a co-author of the musical composition entitled

"Gold On The Ceiling," and a legal and/or beneficial owner of a copyright interest

in and to that musical composition.

13. Defendant Pizza Hut, Inc. ("Pizza Hut"), is a corporation organized

and existing under the laws of the State of Delaware, with its principal place of

business in Plano, Texas. Pizza Hut does business throughout the United States,

including in this judicial district. Pizza Hut is engaged in the business of, among

other things, advertising, marketing and selling pizza and other food items.

14. Defendant 30th Century Masters LLC ("30th Century Masters") is a

limited liability company organized and existing under the laws of the State of

Virginia, with its principal place of business in Richmond, Virginia. 30th Century

Masters is engaged in the business of, among other things, composing musical

compositions in connection with commercial advertisements.

15. Defendant The Martin Agency, Inc. ("The Martin Agency"), is a

corporation organized and existing under the laws of the State of Virginia, with its

principal place of business in Richmond, Virginia. The Martin Agency is an

advertising agency.

16. Defendant The Interpublic Group of Companies, Inc. ("The

Interpublic Group of Companies"), is a corporation organized and existing under

the laws of the State of Delaware, with its principal place of business in New York,

New York. The Interpublic Group of Companies is engaged in the business of,

among other things, providing advertising and marketing services.

17. The true names and capacities, whether individual, corporate,

associate, or otherwise, of defendants sued herein as Does 1 through 10, are unknown to Plaintiffs, who therefore sue said defendants by such fictitious names (the "Doe Defendants"). Plaintiffs will seek leave of Court to amend this complaint to state their true names and capacities when they have been ascertained.

4

COMPLAINT FOR COPYRIGHT INFRINGEMENT

Case 2:12-cv-05385-ODW-JC

Document 1

Filed 06/21/12

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Plaintiffs are informed and believe and on that basis aver that the Doe Defendants

are liable to Plaintiffs as a result of their participation in all or some of the acts

hereinafter set forth. Pizza Hut, 30th Century Masters, The Martin Agency, The

Interpublic Group of Companies and the Doe Defendants are referred to

collectively herein as "Defendants."

18. Plaintiffs are informed and believe and on that basis aver that at all

times mentioned in this complaint, each of the Defendants was the agent and/or

alter ego of each of the other Defendants and, in doing the things alleged in this

complaint, was acting within the course and scope of such agency.

GENERAL AVERMENTS

19. Plaintiffs are the co-authors of the music and lyrics to the original

musical composition "Gold On The Ceiling." Plaintiffs own the rights and title to

the copyright in the composition "Gold On The Ceiling" (the "Infringed

Composition") as authors and through their publishing entities McMoore McLesst

Publishing and Sweet Science.

20. Plaintiffs filed an application for copyright registration with the

United States Copyright Office for the musical composition "Gold On The

Ceiling" on December 9, 2011, and are awaiting the issuance of a registration. A

true and correct copy of Plaintiffs' application for copyright registration is annexed

hereto as Exhibit A.

21. "Gold On The Ceiling" was recorded by The Black Keys in 2011, and

was released as the second single from The Black Keys' seventh album entitled

"El Camino," which album was released to the public in December 2011 by

Nonesuch Records, a division of the Warner Music Group.

22. In or around May 2012, it came to Plaintiffs' attention that Defendants

and/or their agents reproduced, distributed, and/or publicly performed (and/or

caused to be reproduced, distributed, and/or publicly performed) a substantial

portion of the Infringed Composition without Plaintiffs' authorization in a

5

COMPLAINT FOR COPYRIGHT INFRINGEMENT

Case 2:12-cv-05385-ODW-JC

O

Document 1

Filed 06/21/12

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commercial advertisement for "Cheesy Bites Pizza," which can be viewed at

http://www.youtube.com/watch?v=YkaGEgjWdNI (the "Infringing

Advertisement").

23. Defendants do not have any license, authorization, permission or

consent to use the Infringed Composition.

24. In fact, on May 30, 2012, through The Black Keys' exclusive

publishing administrator Wixen Music Publishing, Inc., located in California,

Plaintiffs provided written notice to Defendant Pizza Hut that the Infringing

Advertisement constitutes infringement of Plaintiffs' rights and demanded that

Defendant Pizza Hut immediately cease and desist from any further use of the

Infringed Composition. Plaintiffs are entitled to injunctive relief and redress for

Defendants' willful, intentional and purposeful use and exploitation of the

Infringed Composition for their own financial benefit with full knowledge that

such use constituted infringement of, and was in disregard of, Plaintiffs' rights.

COUNT I COPYRIGHT INFRINGEMENT (17 U.S.C. §§ 106 and 501)

(By Plaintiffs Against Defendants)

25. Plaintiffs incorporate herein by this reference each and every

averment contained in paragraphs 1 through 24, inclusive.

26. Through their conduct averred herein, Defendants have infringed

Plaintiffs' copyright in the Infringed Composition in violation of Sections 106 and

501 of the Copyright Act, 17 U.S.C. §§ 106 and 501.

27. Defendants' acts of infringement are willful, intentional and

purposeful, in disregard of and with indifference to Plaintiffs' rights.

6

COMPLAINT FOR COPYRIGHT INFRINGEMENT

Case 2:12-cv-05385-ODW-JC

Document 1

Filed 06/21/12

Page 7 of 17

Page ID #:13

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28. As a direct and proximate result of said infringement by Defendants,

Plaintiffs are entitled to damages in an amount to be proven at trial.

29. Plaintiffs are 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.

30. Plaintiffs further are entitled to their attorneys' fees and full costs

pursuant to 17 U.S.C. § 505 and otherwise according to law.

31. As a direct and proximate result of the foregoing acts and conduct,

Plaintiffs have sustained and will continue to sustain substantial, immediate, and

10 irreparable injury, for which there is no adequate remedy at law. Plaintiffs are

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informed and believe and on that basis aver that unless enjoined and restrained by

this Court, Defendants will continue to infringe Plaintiffs' rights in the Infringed

Composition. Plaintiffs are entitled to preliminary and permanent injunctive relief

to restrain and enjoin Defendants' continuing infringing conduct.

WHEREFORE, Plaintiffs pray 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. For an accounting of, and the imposition of constructive trust with

respect to, Defendants' profits attributable to their infringements of Plaintiffs'

copyright in the Infringed Composition.

3. For a preliminary and permanent injunction prohibiting Defendants,

and their respective agents, servants, employees, officers, successors, licensees and

assigns, and all persons acting in concert or participation with each or any of them,

from continuing to infringe Plaintiffs' copyright in the Infringed Composition.

4. For prejudgment interest according to law.

5. For Plaintiffs' attorneys' fees, costs, and disbursements in this action.

7

COMPLAINT FOR COPYRIGHT INFRINGEMENT

Case 2:12-cv-05385-ODW-JC

Document 1

Filed 06/21/12

Page 8 of 17

Page ID #:14

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For such other and further relief as the Court may deem just and

RUSSELL J. FRACKMAN CHRISTINE LEPERA (pro hac vice motion forthcoming) CHRISTINA E. DJORDJEVICH MITCHELL SILBERBERG & KNUPP LLP

v/f14Yein

Russell J. Fr an Attorneys for Plaintiffs

8

COMPLAINT FOR COPYRIGHT INFRINGEMENT

Case 2:12-cv-05385-ODW-JC

Document 1

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DEMAND FOR JURY TRIAL

Plaintiffs demand a trial by jury.

Date: June 21, 2012

RUSSELL J. FRACKMAN CHRISTINE LEPERA (pro hac vice motion forthcoming) CHRISTINA E. DJORDJEVICH MITCHELL SILBERBERG & KNUF'P LLP

By:

$1114" 1

Russell J. Fr an Attorneys for Plaintiffs

9

COMPLAINT FOR COPYRIGHT INFRINGEMENT

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Document 1

Filed 06/21/12

Page 10 of 17

Page ID #:16

EXHIBIT A

Case 2:12-cv-05385-ODW-JC

Document 1

Filed 06/21/12

Title

Fitle of Work: El Camino

Contents Titles:

Run Right Back

Dead And Gone

Money Maker

Mind Eraser

Nova Baby

Lonely Boy

Sister

Gold On The Ceiling

Stop Stop

Hell Of A Season

Little Black Submarines

Completion/Publication

Page 11 of 17

Page ID #:17

-APPLICATION-*

 

Year of Completion:

2011

Date of 1st Publication:

December 6, 2011

Nation of 1st Publication:

United States

Author

 

Author: Dan Auerbach

 

,kuthor Created:

music, lyrics

Citizen of: United States

Domiciled in:

United States

A uthor:

Patrick Carney

Author Created:

music, lyrics

Citizen of: United States

Domiciled in:

United States

Exhibit A

Page 19

Page

I of 2

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Document 1

Filed 06/21/12

Page 12 of 17

Page ID #:18

A othor: Brian Burton

Author Created: music, lyrics

Citizen of:

Copyright claimant

Copyright Claimant:

l'ransfer Statement:

Copyright Claimant:

l'ransfer Statement:

United States

McMoore McLesst Publishing

Domiciled in: United States

4025 Park Sorrento, Suite 130, Calabasas, CA, 91302, Yemen

By written agreement Sweet Science

I'D Box 340020, Nashville, TN, 37203, United States

By written agreement

Certification

Name: Randall Wixen

Date: December 9, 2011

Exhibit A

Page 11

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Case 2:12-cv-05385-ODW-JC

Document 1

Registration #:

mice Req nest #: 1-696593381

Priority: Routine

Filed 06/21/12

Page 13 of 17

Page ID #:19

pplication Date: December 9, 2011 11:01:59 AM

Correspondent

Organization Name: Wixen Music Publishing, Inc.

Name: Jennifer Suomi

Email:jsuomi@wixenmusic.com

kddress: 24025 Park Sorrento Suite 130 Calabasas, CA 91302 United States

ail Certificate

Wixen Music Publishing, Inc. Jennifer Suomi .24025 Park Sorrento Suite 130 Calabasas, CA 91302 United States

Exhibit A

Case 2:12-cv-05385-ODW-JC

Document 1

Filed 06/21/12

Page 14 of 17

Page ID #:20

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY

This case has been assigned to District Judge Otis D. Wright II and the assigned discovery Magistrate Judge is Jacqueline Chooljian.

The case number on all documents filed with the Court should read as follows:

CV12- 5385 ODW (JCx)

Pursuant to General Order 05-07 of the United States District Court for the Central District of California, the Magistrate Judge has been designated to hear discovery related motions.

All discovery related motions should be noticed on the calendar of the Magistrate Judge

NOTICE TO COUNSEL

A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is filed, a copy of this notice must be served on all plaintiffs).

Subsequent documents must be filed at the following location:

[X] Western Division 312 N. Spring St., Rm. G-8 Los Angeles, CA 90012

U Southern Division 411 West Fourth St., Rm. 1-053 Santa Ana, CA 92701-4516

U Eastern Division 3470 Twelfth St., Rm. 134 Riverside, CA 92501

Failure to file at the proper location will result in your documents being returned to you.

CV-18 (03/06)

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY

Russell J. Frackman (SBN 490847-rjf@msk.com

Christine Lepera (pro hac vice &don forthcoming) ctl@msk.com Christina E. Djordjevich (SBN 262721) cyd@msk.com MITCHELL SILBERBERG & KNUPP LLP

11377 West Olympic Blvd. Los Angeles, CA 90064-1683 Tel. (310) 312-2000; Fax (310) 312-3100

Case 2:12-cv-05385-ODW-JC

Document 1

Filed 06/21/12

Page 15 of 17

Page ID #:21

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

DANIEL AUERBACH and PATRICK CARNEY (collectively and professionally known as "THE BLACK KEYS"); THE BLACK KEYS PARTNERSHIP d/b/a MCMOORE MCLESST PUBLISHING; and BRIAN BURTON p/k/a DANGER MOUSE individually and d/b/a SWEET SCIENCE,

v.

PLAINTIFF(S)

CASE NUMBER

PIZZA HUT, INC., a Delaware corporation; 30TH CENTURY MASTERS LLC, a Virginia limited liability company; THE MARTIN AGENCY, INC., a Virginia corporation; THE INTERPUBLIC GROUP OF COMPANIES, INC., a Delaware corporation; and DOES 1 — 10, inclusive,

TO: DEFENDANT(S):

DEFENDANT(S).

A lawsuit has been filed against you.

o

SUMMONS

To)

Within 21 days after service of this summons on you (not counting the day you received it), you must serve on the plaintiff an answer to the attached Ej complaint I1] amended complaint ['counterclaim ILI cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff's attorney, Russell J. Frackman, whose address is MITCHELL SILBERBERG & KNUPP, 11377 West Olympic Blvd., Los Angeles, California 90064-1683. If you fail to do so, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

ea

ICC

= Dated:

6

ire

CO

JUN 2 1 2012

Clerk, U.S. District C,urt I

By:

N-WY

lerk

1 of the Court)

[Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States. Allowed 60 days by Rule 12(a)(3)].

CV-01A (10/11

SUMMONS

American LegalNet, Inc.

C)

www.FormsWorkFlow.corn

'

-

UNITED STATES DISTRICT COURT, CENTRAL DISTRIOF CALIFORNIA

Document 1

CIVIL COVER SHEET

Filed 06/21/12

Page 16 of 17

Case 2:12-cv-05385-ODW-JC

Page ID #:22

I (a) PLAINTIFFS (Check box if you are representing yourself 0) Daniel Auerbach; Patrick Carney; The Black Keys Partnership d/b/a McMoore McLesst Publishing; Brian Burton p/k/a Danger Mouse individually and cl/b/a Sweet Science

(b) Attorneys (Firm Name, Address and Telephone Number. lfyou are representing yourself, provide same.) Russell J. Frackman

DEFENDANTS

Pizza Hut, Inc.; 30th Century Masters LLC; The Martin Agency, Inc.; The Interpublic Group of Companies, Inc.; and Does 1 — 10, inclusive

Attorneys (If Known)

Christine Lepera

Christina A. Djordjevich Mitchell Silberberg & Knupp LLP 11377 W. Olympic Blvd., Los Angeles, CA 90064-1683 Tel. (310) 312-2000; Fax (310) 312-3100

II. BASIS OF JURISDICTION (Place an X in one box only.)

0

1 U.S. Government Plaintiff

0

2 U.S. Government Defendant

Z 3 Federal Question (U.S. Government Not a Party

0 4 Diversity (Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only (Place an X in one box for plaintiff and one for defendant.)

Citizen of This State

Citizen of Another StAe

PTF DEF

0

1

0

1 Incorporated or Principal Place

0

2 0

of Business in this State 2 Incorporated and Principal Place of Business in Another State

Citizen or Subject of a Foreign Country 0 3 0

3

Foreign Nation

PTF DEF

0404

0 5 0 5

0606

IV. ORIGIN (Place an X in one box only.)

Z 1 Original 0 2 Removed from 0 3 Remanded from 0 4 Reinstated or

0 5 Transferred from ancther district (specify): 0 6 Multi- 0 7 Appeal to Distric

Proceeding

State Court

Appellate Court Reopened

V. REQUESTED IN COMPLAINT: JURY DEMAND: [2] Yes 0 No (Check 'Yes only if demanded in complaint)

District

Judge from

Litigation Magistrate Judge

CLASS ACTION under F.R.C.P. 23:0 Yes Z No

Z MONEY DEMANDED IN COMPLAINT: $

VI. CAUSE OF ACTION (Cite the U. S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)

Copyright infringement under 17 U.S.C. §§ 106 and 501 based on Defendants' unauthorized use of Plaintiffs' composition.

VII. NATURE OF SUIT Place an X in one box only. )

OTHER STATUTES

coNTRAcr

110

120

130

140

150

151

152

153

160

190

195

196

.

REAL PROPERTY

210

220

230

240

245

290

TORTS"

TORTS. " PERSONAL

PROPERTY

PRISONER

PETITIONS

• LABOR

710 Fair Labor Standard!

I

Act

720

730

Labor/Mgmt. Relations

Labor/Mgmt.

Reporting &

Disclosure Act

Railway Labor Act

0

kl

740

790

Litigation

791 Empl. Ret Inc. Security Act

PROPERTY RIGHTS

820 Copyrights

830 Patent

840 Trademark

SOCIAL SECURITY

61 HIA(1395f)

862 Black Lung (923)

863 DIWC/D1WW

Other Labor

405(g))

864 SSID Title XVI

865 RSI (405(g))

FEDERAL TAX SUITS

870 Taxes (U.S. Plaintiff

or Defendant)

871 IRS-Third Party 26 USC 7609

400

410

430

450

State Reapportionment

Antitrust

Banks and Banking

Commerce/ICC Rates/etc.

Deportation

Racketeer Influenced and Corrupt Organizations

Consumer Credit

Cable/Sat TV

Selective Service

Securities/Commodities/

Insurance

Marine

Miller Act

Negotiable Instrument

Recovery of

Overpayment &

Enforcement of

Judgment

Medicare Act

Recovery of Defaulted

Student Loan (Excl.

Veterans)

Recovery of Overpayment of

Veteran's Benefits

Stockholders' Suits

Other Contract

Contract Product

Liability

Franchise

PERSONAL INJURY

Airplane

Airplane Product

U 510

530

535

310

315

320

330

340

345

350

355

360

362

365

368

Motions to Vacate

Sentence Habeas

Corpus

General

Death Penalty

370

371

380

Other Fraud

Truth in Lending

Other Personal Property Damage 0

Property Damage

Liability

Assault, Libel & Slander

Fed. Employers'

Liability

Marine

Marine Product

Liability

Motor Vehicle

Motor Vehicle

Product Liability

Other Personal

Injury

Personal Injury-

Med Malpractice

Personal Injury-

Product Liability

Asbestos Personal

Naturalizationtu at

ApplicationApp

Habeas Corpus- Alien Detainee

Other Immigration Actions

460

470

480

490

810

850

875

890

891

892

893

894

895

900

950

385

0 Mandamus/ Other

540

550

Civil Rights

Product Liability

158

Withdrawal 28

BANKRUPTCY '

22 Appeal 28 USC

Prison Condition

555

FORFEITURE/

PENALTY

Other Food &

610

620

625

630

640

650

660

690

Agriculture

Drug

Drug Related

Seizure of Property 21 USC

881

• • Liquor Laws

R.R.& Truck

• • Airline Regs

Occupational

Safety /Health

Other

423

USC 157

:

CIVIL RIGHTS

441 Voting

442 Employment

443 Housing/Acco-

mmodations

Welfare

American with

Disabilities —

Employment

American with

Disabilities —

Otherher

Other Civil

Rights

Exchange

Customer Challenge 12 USC 3410

Other Statutory Actions

Agricultural Act

Economic Stabilization Act

Environmental Matters

Energy Allocation Act

Freedom of Info. Act

Appeal of Fee Determi- nation Under Equal Access to Justice

Constitutionality of State Statutes

144

445

446

440

Land Condemnation

Foreclosure

Rent Lease & Ejectment

Torts to Land

Tort Product Liability

All Other Real Property

Injury Product

Liability

IM MIGRATION

462

463

465

FOR OFFICE USE ONLY: Case Number:

CV-71 (05/08)0

AFTER COMPLETING THE FRONT SIDE OF FORM CCLIII049Lin THIHNIIP6RffiAbNitEQUESTED BELOW.

CIVIL COVER SHEET

American LegalNet, Inc. www.FormsWorkftow.com

Page 1 of:

UNITED STATES DISTRICT COURT, CENTRAL DISTRI OF CALIFORNIA

Document 1

Filed 06/21/12

CIVIL COVER SHEET

Page 17 of 17

Case 2:12-cv-05385-ODW-JC

Page ID #:23

VIII(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? El No 0 Yes

If yes, list case number(s):

VIII(b). RELATED CASES: Have any cases been previously filed inthis court that are related to the present case?

If yes, list case number(s):

El No 0 Yes

Civil cases are deemed related if a previously filed case and the present case:

(Check all boxes that apply) 0 A. Arise from the same or closely related transactions, happenings, or events; or

0

B.

Call for determination of the same or substantially related or similar questions of law and fact; or

0