Case 2:15-cv-09938-RGK-E Document 1 Filed 12/29/15 Page 1 of 19 Page ID #:1

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LOEB & LOEB LLP
DAVID GROSSMAN (SBN 211326)
dgrossman@loeb.com
JENNIFER JASON (SBN 274142)
jjason@loeb.com
10100 Santa Monica Blvd., Suite 2200
Los Angeles, CA 90067
Telephone: 310.282.2000
Facsimile: 310.282.2200
LOEB & LOEB LLP
JONATHAN ZAVIN (pro hac vice pending)
jzavin@loeb.com
345 Park Avenue
New York, NY 10154
Telephone: 212.407.4000
Facsimile: 212.407.4990
Attorneys for Plaintiffs
PARAMOUNT PICTURES
CORPORATION and CBS STUDIOS
INC.

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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PARAMOUNT PICTURES
CORPORATION, a Delaware
corporation; and CBS STUDIOS INC.,
a Delaware corporation,
Plaintiffs,
v.
AXANAR PRODUCTIONS, INC., a
California corporation; ALEC PETERS,
an individual, and DOES 1-20,
Defendants.

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Case No.: __________
COMPLAINT FOR:
1. COPYRIGHT
INFRINGEMENT;
2. CONTRIBUTORY
COPYRIGHT
INFRINGEMENT
3. VICARIOUS COPYRIGHT
INFRINGEMENT; AND
4. DECLARATORY
JUDGMENT
DEMAND FOR JURY TRIAL

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Loeb & Loeb
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COMPLAINT

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Plaintiffs Paramount Pictures Corporation (“Paramount”) and CBS Studios

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Inc. (“CBS”) (collectively, “Plaintiffs”), by their attorneys, hereby bring this

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complaint against Axanar Productions, Inc. (“AP”), Alec Peters (“Peters”), and

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Does 1-20 (collectively, “Defendants”), and allege as follows:
NATURE OF THE ACTION

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1.

This is an action for copyright infringement arising out of Defendants’

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unauthorized exploitation of Star Trek, one of the most successful entertainment

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franchises of all time. Since its inception, Star Trek has become a cultural

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phenomenon that is eagerly followed by millions of fans throughout the world.

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Unlike virtually any other television series or motion picture, the fictional Star Trek

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races and characters, their technology, personality traits, and even their makeup,

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have been documented and given a historical texture by Plaintiffs that extends far

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beyond the action on the screen. Plaintiffs own the copyrights in this treasured

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franchise—which includes six television series and twelve motion pictures spanning

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nearly fifty years—and they continue to produce new original content for the legion

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of Star Trek fans.

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2.

Defendants have made a short film entitled Star Trek: Prelude to

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Axanar (“Prelude to Axanar”), and are in the process of producing a film called

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Axanar (the “Axanar Motion Picture”) (collectively, the “Axanar Works”). The

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Axanar Works infringe Plaintiffs’ works by using innumerable copyrighted

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elements of Star Trek, including its settings, characters, species, and themes. The

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Axanar Works are intended to be professional quality productions that, by

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Defendants’ own admission, unabashedly take Paramount’s and CBS’s intellectual

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property and aim to “look and feel like a true Star Trek movie.” On information and

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belief, Defendants have raised over $1 million so far to produce these works,

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including building out a studio and hiring actors, set designers, and costume

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designers. The Axanar Works are substantially similar to, and unauthorized

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Loeb & Loeb
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1

COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 1 Filed 12/29/15 Page 3 of 19 Page ID #:3

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derivative works of, Plaintiffs’ Star Trek television series and movies, in

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contravention of the copyright laws of the United States.
JURISDICTION AND VENUE

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3.

This is a civil action seeking damages and declaratory and injunctive

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relief for copyright infringement, arising under 17 U.S.C. §§ 101, et seq. This Court

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has original subject matter jurisdiction over the action under 28 U.S.C. §§ 1331 and

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1338(a), as this action asserts copyright claims arising under the laws of the United

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States.

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4.

This Court has personal jurisdiction over Defendants because some or

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all of them reside in this state, and because all Defendants conduct continuous,

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systematic, and routine business within this state and this District.

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5.

Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b),(c),

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(d), and 1400(a) because Plaintiffs’ claims arose in this district and because

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Defendants reside or may be found in this District.

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THE PARTIES

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6.

Plaintiff Paramount Pictures Corporation (“Paramount”) is a

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corporation organized under the laws of the State of Delaware with its principal

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place of business in Los Angeles, California.

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7.

Plaintiff CBS Studios Inc. is a corporation organized under the laws of

the State of Delaware with its principal place of business in New York, New York.
8.

Defendant Axanar Productions, Inc. (“AP”) is a corporation organized

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under the laws of the State of California. On information and belief, AP is a motion

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picture, television, and/or video production company.

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9.

On information and belief, defendant Alec Peters is, and at all relevant

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times was, a citizen of California, residing in Los Angeles, California. On

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information and belief, Peters is the controlling principal of AP, and Peters wrote

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and produced the Axanar Works, and continues to write the script for and produce

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the Axanar Motion Picture.

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COMPLAINT

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10.

The Doe Defendants include, among others, those persons who aided in

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the writing of the scripts for the Axanar Works or producing or directing the films,

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and those persons who designed or caused to be designed the infringing sets,

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costumes, props and other elements in the Axanar Works that infringe copyrighted

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Star Trek elements.

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11.

The true names and capacities of the defendants named herein as Does

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1 through 20, inclusive, are unknown to Plaintiffs, who therefore sue said

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defendants by such fictitious names. Plaintiffs will amend this Complaint to allege

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their true names and capacities when such have been ascertained. On information

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and belief, each of the fictitiously named defendants herein is responsible in some

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manner for the occurrences alleged herein and Plaintiffs’ injuries as alleged herein

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were proximately caused by such defendants’ acts or omissions.

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12.

On information and belief, each defendant acted in concert with, as

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agent or representative for, or at the request or on behalf of the other defendants, and

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all of the acts alleged herein to have been done by each defendant were authorized,

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approved, and/or ratified by each of the other defendants.
ALLEGATIONS COMMON TO ALL CLAIMS

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I.

Plaintiffs’ Copyrighted Star Trek Works

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13.

Star Trek is a science fiction entertainment franchise created by Gene

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Roddenberry. The original Star Trek television series (“The Original Series”)

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debuted in 1966, starring William Shatner, Leonard Nimoy, and DeForest Kelley,

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and ran for three seasons, until 1969. The series chronicled the adventures of the

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U.S.S. Enterprise and its crew as they traveled through space during the twenty-third

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century, and featured numerous original and copyrightable elements, including but

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not limited to elements such as the plots of the episodes, the Starship Enterprise, its

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bridge and other interior construction, other original spacecraft, numerous original

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and fictitious races and species, including the Vulcan race and the Klingon race, the

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United Federation of Planets (the “Federation”), the history of the Federation, and

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COMPLAINT

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original weapons and technology. The Original Series focused on the officers of the

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Federation and their adventures and battles. The Original Series was broadcast

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nationwide, and since that time has been almost continuously in syndication on

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television stations throughout the United States.

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14.

In one of the episodes of The Original Series, James T. Kirk, the

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Captain of the U.S.S. Enterprise, meets his hero, Garth of Izar, a former Starship

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captain. Kirk and Garth discuss Garth’s victory in a battle at Axanar.

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15.

In addition to The Original Series, there have been five further Star

Trek television series totaling thousands of episodes (collectively with The Original
Series, the “Star Trek Television Series”):

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a.

The Animated Series (1973-1974)

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b.

The Next Generation (1987-1994)

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c.

Deep Space Nine (1993-1999)

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d.

Voyager (1995-2001)

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e.

Enterprise (2001-2005).

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16.

There have been twelve Star Trek motion pictures (the “Star Trek

Motion Pictures”):

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a.

Star Trek – The Motion Picture (1979)

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b.

Star Trek II – The Wrath of Khan (1982)

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c.

Star Trek III The Search for Spock (1984)

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d.

Star Trek IV: The Voyage Home (1986)

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e.

Star Trek V: The Final Frontier (1989)

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f.

Star Trek VI – The Undiscovered Country (1991)

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g.

Star Trek Generations (1994)

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h.

Star Trek: First Contact (1996)

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i.

Star Trek: Insurrection (1998)

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j.

Star Trek Nemesis (2002)

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k.

Star Trek (2009)

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COMPLAINT

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l.

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17.

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Star Trek Into Darkness (2013).

Plaintiffs continue to produce and develop Star Trek motion pictures

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and television series and have announced plans to release a new Star Trek motion

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picture in 2016 (“Star Trek Beyond”), and a new Star Trek television series in

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January 2017.
18.

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Plaintiffs own United States copyrights in the Star Trek Television

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Series and the Star Trek Motion Pictures (collectively, the “Star Trek Copyrighted

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Works”). Plaintiffs have duly registered copyrights in and to the Star Trek

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Copyrighted Works with the United States Copyright Office and have complied

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with all applicable statutory registration and renewal requirements. The United

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States Copyright Office has issued Certificates of Registration for the Star Trek

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Copyrighted Works that bear the numbers identified in Appendix A.
19.

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The Star Trek Copyrighted Works are original works of authorship and

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constitute copyrightable subject matter under the Copyright Act, 17 U.S.C. §§ 101,

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et seq.

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20.

Plaintiffs own the exclusive right to develop, create, and/or produce

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motion pictures and television shows based on the Star Trek Copyrighted Works,

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including but not limited to the characters, themes, plots, dialogue, settings,

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sequences, situations, and incidents therein, and also the props, character makeup,

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costumes, sets, fictional language, events, and fictional history. Plaintiffs are

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entitled to all of the protections and remedies for the Star Trek Copyrighted Works

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accorded to a copyright owner.

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II.

A.

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Defendants’ Axanar Works

21.

Prelude to Axanar

Prelude to Axanar is a short film that was funded on Kickstarter, a

crowdsourcing website where parties can raise money for future projects.
22.

On information and belief, defendant Peters (possibly with the aid of

certain of the Doe Defendants) wrote the Prelude to Axanar screenplay.
LA2466220.9
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5

COMPLAINT

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23.

On information and belief, defendant AP produced Prelude to Axanar.

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On information and belief, certain Doe Defendants directed, created the

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sets, and designed the costumes for Prelude to Axanar.
25.

When they wrote and produced Prelude to Axanar, and at all times

relevant to this action, Defendants had access to the Star Trek Copyrighted Works.
26.

On information and belief, Defendants are currently distributing and

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publicly performing Prelude to Axanar online via Youtube.com, and by other means

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not yet known to Plaintiffs.

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27.

Prelude to Axanar is directly and unabashedly intended to be a

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derivative work of Star Trek, or a Star Trek work, and uses numerous copyrighted

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elements from the Star Trek works. Prelude to Axanar tells the story of Captain

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Kirk’s hero, Garth of Izar, during the war between the Federation and the Klingon

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Empire.
According to Defendants’ Kickstarter campaign:

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Prelude to Axanar is a short film that will give viewers a historical look
at the events leading up to the Battle of Axanar, the central event of the
film Axanar, to be filmed later this year. Shot like a History Channel
special, Prelude to Axanar will be Star Trek like you have never seen it
before, showing the central characters of Axanar giving both a
historical and personal account of the war. How did Starfleet build its
fleet? How did they hold off a Klingon fleet that had been conquering
star systems for centuries? What role did the various founding planets
play in Starfleet? Why were the Constitution class ships so important to
Starfleet? How did Garth of Izar come to be regarded as the greatest
Starfleet Captain of his time?

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29.

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Defendants incorporated numerous elements of the Star Trek

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Copyrighted Works into Prelude to Axanar, including but not limited to the concept

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of the Battle of Axanar itself, the Klingons, the Starfleet, and characters such as

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Garth of Izar.
B.

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30.

Star Trek: Axanar

The Axanar Motion Picture is a motion picture that was funded on

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Kickstarter and is being funded on Indiegogo, a crowdsourcing website where

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parties can raise funds for future projects.

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COMPLAINT

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31.

On information and belief, Defendants have created a script for the

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Axanar Motion Picture. Although Defendants have announced that filming will

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begin in January 2016, they have already released the first scene from the Axanar

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Motion Picture, which they call the “Vulcan Scene.”

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32.

On information and belief, defendant Peters (possibly with the aid of

certain Doe Defendants) wrote the screenplay for the Axanar Motion Picture.
33.

On information and belief, defendant AP has produced and is in

production for the Axanar Motion Picture.
34.

On information and belief, certain Doe Defendants aided in the writing

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of the screenplay for the Axanar Motion Picture, as well as produced, directed,

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created the sets, and designed the costumes for the Axanar Motion Picture. On

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information and belief, certain Doe Defendants continue to write the screenplay and

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are in the process of producing, directing, creating the sets, and designing the

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costumes for the Axanar Motion Picture.

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35.

When they wrote the Axanar Motion Picture, and at all times relevant

to this action, Defendants had access to the Star Trek Copyrighted Works.
36.

According to defendant AP’s website, the Axanar Motion Picture is a

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feature film that will be broken down into four episodes following the four acts of

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the script.

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37.

The Vulcan Scene from the Axanar Motion Picture is currently being

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disseminated online via AP’s website (www.AxanarProductions.com), as well as on

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Youtube.com.

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27
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38.

According to defendant AP’s website, the plot of the Axanar Motion

Picture is as follows:
Axanar takes place 21 years before the events of ‘Where no Man Has
Gone Before’, the first Kirk episode of the original Star Trek. Axanar
is the story of Garth of Izar, the legendary Starfleet captain who is
Captain Kirk’s hero. We met Garth in the third season TOS [The
Original Series] episode Whom Gods Destroy. Kirk called Garth the
role model for all future Starfleet Officers. Garth charted more planets
than any other Captain and was the hero of the Battle of Axanar, the
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COMPLAINT

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story of which is required reading at the academy. This is that story.
Axanar tells the story of Garth and his crew during the Four Years War,
the war with the Klingon Empire that almost tore the Federation apart.
Garth’s victory at Axanar solidified the Federation and allowed it to
become the entity we know in Kirk’s time. It is the year 2245 and the
war with the Klingons ends here.
39.

On information and belief, Defendants incorporated numerous elements

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of the Star Trek Copyrighted Works into the Axanar screenplay and the Vulcan

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Scene, and will incorporate those elements into the Axanar Motion Picture,

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including but not limited to the concept of the Battle of Axanar itself, the characters,

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the species, the costumes, the makeup, weapons (and other props), and the starships.

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III.

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Copyrighted Works

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40.

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The Axanar Works Are Substantially Similar to the Star Trek

The Axanar Works are substantially similar to the Star Trek

Copyrighted Works, including but not limited to the similarities set forth below.
41.

The Axanar Works’ story centers around a character from The Original

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Series named Garth of Izar. In The Original Series as well as in the Axanar Works,

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Garth is Captain Kirk’s hero and prevailed in the Battle of Axanar.

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42.

The Axanar Works use many of the other characters found in the Star

Trek Copyrighted Works, including:
a.

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Captain Robert April. In one of the Star Trek Copyrighted

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Works, April was a commander of the U.S.S. Enterprise when it was launched in

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2245 for its initial five-year mission. In the Axanar Works, April is the “Captain of

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the USS Enterprise during its shakedown. One of Starfleet’s most respected

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officers. A close friend of Garth’s and his mentor.”
b.

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Soval. In the Star Trek Copyrighted Works, Soval is the Vulcan

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ambassador to Earth. In the Axanar Works, Soval is “Vulcan Ambassador to the

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Federation. Vulcan’s most senior diplomat. A friend of Earth since before the

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founding of the Federation.”

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COMPLAINT

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c.

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Sarek. In the Star Trek Copyrighted Works, Sarek is a legendary

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Vulcan Ambassador for the Federation. In the Axanar Works, Sarek is “Deputy

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Ambassador [.] Soval’s aide. Soval has been grooming Sarek to take over for him

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as Federation Ambassador.”

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d.

Richard Robau. In the Star Trek Copyrighted Works, Robau is

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the Starfleet captain of the U.S.S. Kelvin. He is intelligent and curious yet cautious.

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In the Axanar Works, Robau is “Captain, USS Hornet, Commanding 3rd Squadron[.]

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The former captain of the Kelvin. 12 years later Robau is one of the most respected

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captain’s [sic] in Starfleet. A friend of Garth’s.”

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43.

Star Trek Copyrighted Works, including:
a.

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The Axanar Works also take many of the races and species from the

Vulcans, which are a humanoid race with pointy ears from the

planet Vulcan that are responsible in a large part for the founding of the Federation.

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b.

Klingons, which are a warrior race from the planet Q’onoS.

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c.

Andorians, which are humanoid Federation members from the

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planet Andoria.

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44.

The Axanar Works use various other elements from the Star Trek

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Copyrighted Works, such as the Federation, which is an interstellar alliance of

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several planetary governments.

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45.

The Axanar Works take the sets of the Star Trek Copyrighted Works,

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including using a Federation starship bridge that copies the bridge from The

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Original Series. They also incorporate Federation starships and planets.

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46.

The Axanar Works appropriate props and logos from the Star Trek

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Copyrighted Works, such as the weapons, technology, and the insignia used on

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uniforms.

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47.

The Axanar Works use costumes substantially similar to those of the

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Star Trek Copyrighted Works, including the uniforms of the Starfleet, which are

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bright solid-colored sweaters with black pants.

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COMPLAINT

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48.

In the Vulcan Scene from the Axanar Motion Picture, Defendants

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replicate the Planet of Vulcan from the Star Trek Copyrighted Works, including the

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look and feel of the planet, the characters’ costumes, their pointy ears, and their

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distinctive hairstyle.

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49.

The Axanar Works take place in 2245, which is twenty-one years

before the first episode from The Original Series.
50.

The feel and the mood of the Axanar Works are the same as that of the

Star Trek Copyrighted Works.
51.

The Axanar Works are intended to be a prequel to the events chronicled

in The Original Series; in other words, an unauthorized derivative work.
52.

The Axanar Works are not a parody, nor do they constitute fair use of

the Star Trek Copyrighted Works.
53.

As the website of defendant AP concedes, the Axanar Works are not

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licensed by CBS or Paramount, but rather, “Axanar is an independent project that

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uses the intellectual property of CBS.”

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FIRST CLAIM FOR RELIEF

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Copyright Infringement

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(Against All Defendants)

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20
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54.

Plaintiffs incorporate by reference the allegations contained in

paragraphs 1 through 53 as though fully set forth herein.
55.

The Star Trek Copyrighted Works constitute copyrightable subject

22

matter under the Copyright Act, 17 U.S.C. §§ 101, et seq. Plaintiffs have recorded

23

the copyrights in and to the Star Trek Copyrighted Works with the United States

24

Copyright Office and have complied with all applicable statutory registration and

25

renewal requirements.

26

56.

Plaintiffs own the United States copyrights in the Star Trek

27

Copyrighted Works, and the exclusive right to develop, create, and/or produce

28

motion pictures and television shows based on the Star Trek Copyrighted Works,

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COMPLAINT

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including but not limited to the characters, themes, plots, dialogue, settings,

2

sequences, situations, and incidents therein, and also the props, character makeup,

3

costumes, sets, fictional language, events, and fictional history. Plaintiffs are

4

entitled to all of the protections and remedies for the Star Trek Copyrighted Works

5

accorded to a copyright owner.

6

57.

On information and belief, in direct violation of Plaintiffs’ exclusive

7

rights, Defendants have directly infringed, and unless enjoined by this Court, will

8

continue to infringe the copyrights in the Star Trek Copyrighted Works by, among

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other things:
a.

10
11

Preparing unauthorized derivative works of the Star Trek

Copyrighted Works in the form of the Axanar Works;

12

b.

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Works in the Axanar Works;

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c.

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Reproducing copyrighted elements of the Star Trek Copyrighted

Distributing copies of the Axanar Works, which contain

copyrighted elements of the Star Trek Copyrighted Works; and
d.

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Publicly performing the Axanar Works, which contain

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copyrighted elements of the Star Trek Copyrighted Works.

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SECOND CAUSE OF ACTION

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Contributory Copyright Infringement

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(Against All Defendants)

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22
23

58.

Plaintiffs incorporate by reference the allegations contained in

paragraphs 1 through 57 as though fully set forth herein.
59.

On information and belief, Defendants knew or had reason to know that

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the Axanar Works are unauthorized derivative works based on the Star Trek

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Copyrighted Works that are, at least in part, substantially similar to the copyrighted

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elements in the Star Trek Copyrighted Works.

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COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 1 Filed 12/29/15 Page 13 of 19 Page ID #:13

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60.

On information and belief, Defendants induced, caused, and materially

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contributed to the unauthorized preparation, duplication, distribution, and public

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performance of the infringing Axanar Works, and are continuing to do so.

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61.

In violation of Plaintiffs’ exclusive rights, Defendants have contributed

5

to the infringement and, unless enjoined by this Court, will continue to contribute to

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the infringement of the copyrights in the Star Trek Copyrighted Works.

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THIRD CAUSE OF ACTION

8

Vicarious Copyright Infringement

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(Against All Defendants)

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11
12

62.

Plaintiffs incorporate by reference the allegations contained in

paragraphs 1 through 61 as though fully set forth herein.
63.

On information and belief, Defendants have the right and ability to

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supervise the other Defendants, and on information and belief, did supervise them in

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their unlawful preparation, duplication, and distribution of the Axanar Works.

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16
17

64.

On information and belief, Defendants enjoy a direct financial benefit

from the preparation, duplication, and distribution of the infringing Axanar Works.
65.

In direct violation of Plaintiffs’ exclusive rights and as a consequence

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of the foregoing, Defendants have vicariously infringed the copyrights in the Star

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Trek Copyrighted Works.

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FOURTH CLAIM FOR RELIEF

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Declaratory Judgment

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(Against All Defendants)

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66.

Plaintiffs incorporate by reference the allegations contained in

paragraphs 1 through 65 as though fully set forth herein.
67.

Defendants are in the process of producing the Axanar Motion Picture,

without obtaining Plaintiffs’ authorization.
68.

An actual controversy has arisen and now exists relating to the rights

and duties of Plaintiffs and Defendants under the United States copyright laws in
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COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 1 Filed 12/29/15 Page 14 of 19 Page ID #:14

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that Plaintiffs contend that they are the sole owners of the Star Trek Copyrighted

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Works and that the Axanar Works infringe Plaintiffs’ rights in the Star Trek

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Copyrighted Works. Defendants apparently contend that they are entitled to create,

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distribute, market, advertise, promote, sell, or offer for sale derivative works of the

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Star Trek Copyrighted Works, which contain elements that are substantially similar

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to the Star Trek Copyrighted Works.

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69.

Pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and

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2202, and Rule 57 of the Federal Rules of Civil Procedure, Plaintiffs request a

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judicial determination of their rights, and a declaration that Defendants’ continued

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production the Axanar Motion Picture constitutes infringement of the Star Trek

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Copyrighted Works.

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70.

A judicial declaration is necessary and appropriate at this time in order

that Plaintiffs may ascertain the parties’ rights.
PRAYER FOR RELIEF

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WHEREFORE, Plaintiffs respectfully requests that this Court enter judgment
against Defendants as follows:
1.

a.

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b.

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Defendants have contributed to the infringement of the

copyrights in the Star Trek Copyrighted Works;
c.

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Defendants have infringed the copyrights in the Star Trek

Copyrighted Works;

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That the Court find that:

Defendants have vicariously infringed the copyrights in the Star

Trek Copyrighted Works.
2.

That the Court enter a declaration that Defendants’ continued

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production the Axanar Motion Picture constitutes infringement of the Star Trek

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Copyrighted Works.

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Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

3.

That the Court find that as a direct and proximate result of Defendants’

foregoing acts, Plaintiffs are entitled to the following damages:
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COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 1 Filed 12/29/15 Page 15 of 19 Page ID #:15

a.

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At Plaintiffs’ election, statutory damages of up to $150,000 for

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each separate Star Trek Copyrighted Work infringed, for willful infringement

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pursuant to 17 U.S.C. § 504(c), or Plaintiffs’ actual damages sustained as a result of

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Defendants’ acts of copyright infringement according to proof and Defendants’

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profits obtained as a result of their acts of copyright infringement according to

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proof; and
b.

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Plaintiffs’ reasonable attorneys’ fees and costs pursuant to the

Copyright Act of 1976, 17 U.S.C. §§ 101, et seq., and 17 U.S.C. § 505.
4.

That the Court find that the threat of irreparable harm to Plaintiffs as a

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result of Defendants’ conduct leaves Plaintiffs without adequate remedy at law, and

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therefore that Plaintiffs are entitled to an injunction restraining Defendants, their

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agents, servants, employees, attorneys, successors, assigns, subsidiaries, and all

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persons, firms, and corporations acting in concert with them, from directly or

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indirectly infringing the copyrights in the Star Trek Copyrighted Works, including

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but not limited to continuing to distribute, market, advertise, promote, produce, sell,

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or offer for sale the Axanar Works or any works derived or copied from the Star

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Trek Copyrighted Works, and from participating or assisting in any such activity

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whether or not it occurs in the United States.

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5.

That the Court enjoin Defendants, their agents, servants, employees,

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attorneys, successors, assigns, subsidiaries, and all persons, firms, and corporations

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acting in concert with them, from directly or indirectly infringing the copyrights in

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the Star Trek Copyrighted Works, including but not limited to continuing to

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distribute, copy, publicly perform, market, advertise, promote, produce, sell, or offer

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for sale the Axanar Works or any works derived or copied from the Star Trek

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Copyrighted Works, and from participating or assisting in any such activity whether

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or not it occurs in the United States.

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Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

6.

That the Court grant such other, further relief as it deems just and

proper.
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COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 1 Filed 12/29/15 Page 16 of 19 Page ID #:16

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Dated: December 29, 2015

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LOEB & LOEB LLP
JONATHAN ZAVIN
DAVID GROSSMAN
JENNIFER JASON
By: /s/ David Grossman
David Grossman
Attorneys for Plaintiffs
PARAMOUNT PICTURES
CORPORATION and CBS STUDIOS
INC.

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Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

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202828-10048

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COMPLAINT

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DEMAND FOR JURY TRIAL

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Plaintiffs demand a trial by jury as provided by Rule 38 of the Federal Rules
of Civil Procedure.

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Dated: December 29, 2015

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LOEB & LOEB LLP
JONATHAN ZAVIN
DAVID GROSSMAN
JENNIFER JASON
By: /s/ David Grossman
David Grossman
Attorneys for Plaintiffs
PARAMOUNT PICTURES
CORPORATION and CBS STUDIOS
INC.

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Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

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COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 1 Filed 12/29/15 Page 18 of 19 Page ID #:18

APPENDIX A: COPYRIGHTED STAR TREK WORKS

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A. Motion Pictures

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1.

Star Trek – The Motion Picture (PA 58-633)

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2.

Star Trek II – The Wrath of Khan (PA 147-513)

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3.

Star Trek III The Search for Spock (PA 214-571)

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4.

Star Trek IV: The Voyage Home (PA 313-406)

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5.

Star Trek V: The Final Frontier (PA 436-660)

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6.

Star Trek VI – The Undiscovered Country (PA 558-359)

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7.

Star Trek Generations (PA 735-978)

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8.

Star Trek: First Contact (PA 832-616)

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9.

Star Trek: Insurrection (PA 949-613)

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10.

Star Trek Nemesis (PA 1-113-097)

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11.

Star Trek (PA 1-626-900)

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12.

Star Trek Into Darkness (PA 1-837-943)

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B. Television Series1
1. The Original Series
i. Episode 1: The Man Trap (PA 58-307)

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2. The Next Generation
i. Encounter at Farpoint (Pilot) (PA 348 301)

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3. Deep Space Nine
i. The Emissary, Part I (PA 661-369)

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4. The Voyager
i. Caretaker (PA 775-677 and PAu 1-801-831)

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5. The Enterprise
i. Enterprise – Episode #001 and #002 “Broken Bow” (PA 1-072-515)

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Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

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Plaintiffs own the copyrights for all episodes of each Star Trek television
series, and have identified the copyright registrations for the first episode of each
television series.
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COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 1 Filed 12/29/15 Page 19 of 19 Page ID #:19

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6. Copyright Assignment from Paramount Pictures Corporation to CBS
Studios Inc. (V3542 D684- V3542 D690)

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Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2466220.9
202828-10048

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COMPLAINT