Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 1 of 48 Page ID #:114

1
2
3
4
5
6
7
8
9
10
11
12

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 (admitted pro hac vice)
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.

13

UNITED STATES DISTRICT COURT

14

CENTRAL DISTRICT OF CALIFORNIA

15
16
17
18
19
20
21
22

PARAMOUNT PICTURES
CORPORATION, a Delaware
corporation; and CBS STUDIOS INC.,
a Delaware corporation,
Plaintiffs,
v.

AMENDED COMPLAINT FOR:
1.
2.

AXANAR PRODUCTIONS, INC., a
California corporation; ALEC PETERS,
an individual, and DOES 1-20,
Defendants.

23

Case No.: 2:15-cv-09938-RGK-E

3.
4.

COPYRIGHT
INFRINGEMENT;
CONTRIBUTORY
COPYRIGHT
INFRINGEMENT
VICARIOUS COPYRIGHT
INFRINGEMENT; AND
DECLARATORY
JUDGMENT

DEMAND FOR JURY TRIAL

24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 2 of 48 Page ID #:115

1

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

2

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

3

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

4

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

5
6

1.

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

7

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

8

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

9

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

10

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

11

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

12

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

13

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

14

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

15

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

16

of Star Trek fans.

17

2.

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

18

Axanar (“Prelude to Axanar”), have written a script (the “Axanar Script”) for a

19

feature film entitled Axanar, and are in the process of producing a film called

20

Axanar (the “Axanar Motion Picture”) based on the Axanar Script, or a version

21

thereof (Prelude to Axanar, the Axanar Motion Picture, and all versions of the

22

Axanar Script are collectively, the “Axanar Works”). The Axanar Works infringe

23

Plaintiffs’ works by using innumerable copyrighted elements of Star Trek, including

24

its settings, characters, species, and themes. The Axanar Works are intended to be

25

professional quality productions that, by Defendants’ own admission, unabashedly

26

take Paramount’s and CBS’s intellectual property and aim to “look and feel like a

27

true Star Trek movie.” On information and belief, Defendants have raised over $1

28

million so far to produce these works, including building out a studio and hiring

Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

1

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 3 of 48 Page ID #:116

1

actors, set designers, and costume designers. The Axanar Works are substantially

2

similar to, and unauthorized derivative works of, Plaintiffs’ Star Trek television

3

series and movies, in contravention of the copyright laws of the United States.
JURISDICTION AND VENUE

4
5

3.

This is a civil action seeking damages and declaratory and injunctive

6

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

7

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

8

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

9

States.

10

4.

This Court has personal jurisdiction over Defendants because some or

11

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

12

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

13

5.

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

14

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

15

Defendants reside or may be found in this District.

16

THE PARTIES

17

6.

Plaintiff Paramount Pictures Corporation (“Paramount”) is a

18

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

19

place of business in Los Angeles, California.

20

7.

Plaintiff CBS Studios Inc. (“CBS”) is a corporation organized under

21

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

22

New York.

23

8.

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

24

corporation organized under the laws of the State of California. On information and

25

belief, Axanar Productions is a motion picture, television, and/or video production

26

company.

27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

9.

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

times was, a citizen of California, residing in Los Angeles, California. On
LA2480428
202828-10048

2

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 4 of 48 Page ID #:117

1

information and belief, Peters is the controlling principal of Axanar Productions,

2

and Peters wrote and produced the Axanar Works, and continues to write the Axanar

3

Script and produce the Axanar Motion Picture.
10.

4

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

5

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

6

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

7

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

8

Star Trek elements.
11.

9

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

10

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

11

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

12

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

13

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

14

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

15

were proximately caused by such defendants’ acts or omissions.
12.

16

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

17

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

18

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

19

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

20
21
22

I.

Plaintiffs’ Copyrighted Star Trek Works
13.

Star Trek is a science fiction entertainment franchise created by Gene

23

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

24

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

25

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

26

U.S.S. Enterprise (one of the ships of “Starfleet”) and its crew as they traveled

27

through space during the twenty-third century, and featured numerous original and

28

copyrightable elements, including but not limited to elements such as the plots of the

Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

3

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 5 of 48 Page ID #:118

1

episodes, the Starship Enterprise (Starfleet registry number NCC-1701), its bridge

2

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

3

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

4

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

5

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

6

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

7

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

8

television stations throughout the United States.

9

14.

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

10

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

11

captain. In that episode, Kirk and Garth discuss Garth’s victory in the Battle of

12

Axanar.

13

15.

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

14

Trek television series totaling more than 700 episodes (collectively with The

15

Original Series, the “Star Trek Television Series”):

16

a.

Star Trek: The Animated Series (1973-1974)

17

b.

Star Trek: The Next Generation (1987-1994)

18

c.

Star Trek: Deep Space Nine (1993-1999)

19

d.

Star Trek: Voyager (1995-2001)

20

e.

Star Trek: Enterprise (2001-2005).

21
22

16.

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

Motion Pictures”):

23

a.

Star Trek – The Motion Picture (1979)

24

b.

Star Trek II – The Wrath of Khan (1982)

25

c.

Star Trek III The Search for Spock (1984)

26

d.

Star Trek IV: The Voyage Home (1986)

27

e.

Star Trek V: The Final Frontier (1989)

28

f.

Star Trek VI – The Undiscovered Country (1991)

Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

4

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 6 of 48 Page ID #:119

1

g.

Star Trek Generations (1994)

2

h.

Star Trek: First Contact (1996)

3

i.

Star Trek: Insurrection (1998)

4

j.

Star Trek Nemesis (2002)

5

k.

Star Trek (2009)

6

l.

Star Trek Into Darkness (2013).

7

17.

Plaintiffs continue to produce and develop Star Trek motion pictures

8

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

9

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

10
11

January 2017.
18.

CBS owns United States copyrights in the Star Trek Television Series

12

and Paramount owns the United States copyrights in the Star Trek Motion Pictures.

13

Plaintiffs have duly registered copyrights in and to the Star Trek Television Series

14

and Star Trek Motion Pictures with the United States Copyright Office and have

15

complied with all applicable statutory registration and renewal requirements. The

16

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

17

Trek Television Series and Star Trek Motion Pictures that bear the numbers

18

identified in Appendix A.

19

19.

Plaintiffs also own the United States copyrights in numerous other Star

20

Trek works, including works in which Garth of Izar appears, including but not

21

limited to the following novels: Garth of Izar (Registration No. TX0005745716,

22

owned by Paramount), Strangers from the Sky (Registration No. TX0006429184,

23

owned by CBS), and Infinity’s Prism (Registration No. TX0006872810, owned by

24

CBS), as well as works in which starships appear, including but not limited to Star

25

Trek Titan: Sword of Damocles (Registration No. TX0007050792, owned by CBS)

26

(collectively, the “Star Trek Books”) (the “Star Trek Books,” together, with the

27

“Star Trek Television Series” and the “Star Trek Motion Pictures,” are referred to

28

collectively as the “Star Trek Copyrighted Works”).

Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

5

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 7 of 48 Page ID #:120

20.

1

The Star Trek Copyrighted Works are original works of authorship and

2

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

3

et seq.
21.

4

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

5

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

6

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

7

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

8

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

9

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

10

accorded to a copyright owner.

11

II.

Defendants’ Axanar Works

12

A.

Star Trek: Prelude to Axanar

13

22.

Defendants’ infringing work, Prelude to Axanar is a short film that was

14

funded on Kickstarter, a crowdsourcing website where parties can raise money for

15

future projects.

16

23.

17

Defendant Peters (possibly with the aid of certain of the Doe

Defendants) wrote the Prelude to Axanar screenplay.

18

24.

Defendant Axanar Productions produced Prelude to Axanar.

19

25.

Certain Doe Defendants directed, created the sets, and designed the

20
21
22
23
24
25

costumes for Prelude to Axanar.
26.

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.
27.

Defendants are currently distributing and publicly performing Prelude

to Axanar online via Youtube.com, and by other means not yet known to Plaintiffs.
28.

Prelude to Axanar is directly and unabashedly intended to be a

26

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

27

elements from the Star Trek Copyrighted Works (in fact, the full title of this work is

28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

6

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 8 of 48 Page ID #:121

1

“Star Trek: Prelude to Axanar”). Prelude to Axanar tells the story of Captain Kirk’s

2

hero, Garth of Izar, during the war between the Federation and the Klingon Empire.

3

29.

4

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? (emphasis added)

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

30.

According to Defendants’ Kickstarter campaign:

Defendants incorporated numerous elements of the Star Trek

Copyrighted Works into Prelude to Axanar, including but not limited to the
elements of the Battle of Axanar itself, the Federation, the Klingons, Vulcans,
Starfleet, and Starfleet officers and commanders, including Garth of Izar.
B.

Star Trek: Axanar

31.

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

Kickstarter and Indiegogo, a crowdsourcing website where parties can raise funds
for future projects.
32.

Defendants have created the Axanar Script, and versions thereof, for

the Axanar Motion Picture, which scripts are fixed works. Although Defendants
originally announced that filming would begin in January 2016, they have already
released a scene from the Axanar Motion Picture, which they call the “Vulcan
Scene,” in 2015. On information and belief, Defendants have filmed at least one
other scene from the Axanar Motion Picture.
33.

Defendant Peters (possibly with the aid of certain Doe Defendants)

wrote the Axanar Script and versions thereof.
34.

Defendant Axanar Productions has produced and is in production for

the Axanar Motion Picture.

LA2480428
202828-10048

7

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 9 of 48 Page ID #:122

1

35.

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

2

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

3

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

4

information and belief, certain Doe Defendants continue to write the Axanar Script

5

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

6

costumes for the Axanar Motion Picture.

7

36.

According to Axanar Productions’ Facebook page, as of August 15,

8

2015, there was a “fully revised and locked script” which is referred to as “the best

9

Star Trek movie script ever!”

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27

37.

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

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

28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

8

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 10 of 48 Page ID #:123

1

38.

According to defendant Axanar Productions’ website, the Axanar

2

Motion Picture is a feature film that will be broken down into four episodes

3

following the four acts of the Axanar Script.

4

39.

Defendants have disseminated the Vulcan Scene from the Axanar

5

Motion Picture online via Axanar Productions’ website

6

(www.AxanarProductions.com), as well as on Youtube.com.

7
8
9

40.

According to defendant Axanar Productions’ website, the plot of the

Axanar Motion Picture is as follows:

15

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
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.

16

41.

10
11
12
13
14

Defendants incorporated numerous elements of the Star Trek

17

Copyrighted Works into the Axanar Script and the Vulcan Scene, and will

18

incorporate those elements into the Axanar Motion Picture, including but not limited

19

to the elements of the Battle of Axanar itself, the characters, the species, the

20

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

21
22
23

42.

Defendants have stated that they have completed one third of the visual

effects of the Axanar Motion Picture.
43.

Defendant Peters has admitted that the Axanar Works violate Plaintiffs’

24

copyrights. In an interview published on February 1, 2016, Mr. Peters stated “We

25

violate CBS copyright less than any other fan film.” See

26

http://1701news.com/node/1001/peters-axanar-quality-spurred-lawsuit.html.

27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

9

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 11 of 48 Page ID #:124

1

III.

The Axanar Works Are Substantially Similar to the Star Trek

2

Copyrighted Works

3

44.

The Axanar Works are substantially similar to the Star Trek

4

Copyrighted Works, including but not limited to the substantial similarities set forth

5

below.

6
7
8
9

45.

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

Star Trek Copyrighted Works.
46.

Prelude to Axanar copies many elements from the Star Trek

Copyrighted Works, including the United Federation of Planets, “beaming up,”

10

Klingons, Vulcans, the Starship Enterprise, spacedocks, the interrelationship

11

between species, planets and alliances. Defendants have intentionally sought to

12

replicate the Star Trek Copyrighted Works (down to copying costumes, makeup and

13

jewelry) and, in doing so, they have sought to create a “Star Trek” film. The copied

14

copyrighted Star Trek elements include, but are not limited to, those listed below:

15
16

Infringing Element from
Prelude to Axanar

17
18
19
20

Star Trek Copyrighted Work
Characters

Garth of Izar

Garth of Izar

Captain Kirk’s hero who prevailed in
the Battle of Axanar

Captain Kirk’s hero who prevailed in the
Battle of Axanar

21

In the episode “Whom Gods Destroy” in
The Original Series (Reg. No. RE-769-427,
LP-44-729) as well as in the Axanar Works,
Garth is Captain Kirk’s hero and prevailed
in the Battle of Axanar. Garth of Izar
appeared in the following copyrighted
novels: Garth of Izar, Strangers from the
Sky, and Infinity’s Prism.

22
23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

10

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 12 of 48 Page ID #:125

1

Infringing Element from
Prelude to Axanar

2

Star Trek Copyrighted Work

3

Soval

Soval

4

Vulcan ambassador

Vulcan ambassador

5

Soval was first seen in the Enterprise pilot
episode “Broken Bow” in 2001 (Reg. No.
PA-1-072-515), and many times throughout
the Enterprise series such as in the episode
“The Expanse” from 2003 (Reg. No. PA-1205-604).

6
7
8
9
10

Richard Robau

Richard Robau

11

Starfleet captain

Starfleet captain

12

Robau appeared in Star Trek (the 2009
film).

13
14

John Gill

John Gill

15

Narrator

Historian

16

John Gill is a character from The Original
Series episode “Patterns of Force” in 1968
(Reg. No. RE-740-926, LP-44-375).

17
18

Races and Species

19
20

Klingons

21

Klingons
Klingons are a warrior race from the planet
Qo’noS. Klingons first appeared on The
Original Series episode “Errand of Mercy”
in 1967 (Reg. No. PA-58-283). They have
made many appearances on Star Trek
Television Series and Star Trek Motion
Pictures.

22
23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

11

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 13 of 48 Page ID #:126

1
2
3

Infringing Element from
Prelude to Axanar
Klingon Appearance

Star Trek Copyrighted Work
Klingon Appearance

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
The Klingon species first appeared in The
Original Series episode “Errand of Mercy”
in 1967 (Reg. No. PA-58-283). Defendants’
style of Klingon makeup is strikingly
similar to the Klingon makeup used in Star
Trek–The Motion Picture in 1979, pictured
above (top).

20
21
22
23
24
25

In Prelude to Axanar, the Klingon
commander is wearing an altered costume
that was worn in Star Trek VI–The
Undiscovered Country (bottom image).

26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

12

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 14 of 48 Page ID #:127

1
2

Infringing Element from
Prelude to Axanar

The Klingon makeup design in Prelude to
Axanar, including the facial hair and thick
eyebrows mimics the later Klingon makeup
that began with Star Trek– The Motion
Picture in 1979 and continued through all
the later series – The Next Generation, Deep
Space Nine, Voyager, and Enterprise, as
well as Star Trek III The Search for Spock,
Star Trek IV: The Voyage Home, Star Trek
V: The Final Frontier, Star Trek VI – The
Undiscovered Country, Star Trek
Generations, Star Trek: First Contact, Star
Trek: Insurrection, and Star Trek Nemesis.

3
4
5
6
7
8
9
10
11
12

Star Trek Copyrighted Work

Vulcans

Vulcans
Vulcans are a humanoid race with pointy
ears from the planet Vulcan that are
responsible in a large part for the founding
of the Federation. Vulcans first appeared in
The Original Series episode “The Cage”
(Reg. No. PA 314-430) and have appeared
in many other Star Trek Television Series as
well as Star Trek Motion Pictures.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

13

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 15 of 48 Page ID #:128

1
2
3

Infringing Element from
Prelude to Axanar
Vulcan Appearance

Star Trek Copyrighted Work
Vulcan Appearance

4
5
6
7
8
9
10
11
The first Vulcan appearances were the first
and second pilot episodes of The Original
Series “The Cage” (Reg. No. PA 314-430)
and “Where No Man Has Gone Before” in
1966 (Reg. No. PA-58-303). Vulcans also
appeared in The Original Series episodes
“The Man Trap” in 1966 (Reg. No. PA-58307) and “Amok Time” in 1967 (Reg. No.
PA-58-289). They appear in many Star
Trek Television Series and Star Trek
Motion Pictures. The image above is Spock
from The Original Series episode “Space
Seed” in 1967 (Reg. No. PA-58-280). In
both Prelude to Axanar and the Star Trek
Copyrighted Works, Vulcans have pointy
ears and distinctive eyebrows.

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

14

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 16 of 48 Page ID #:129

1
2
3

Infringing Element from
Prelude to Axanar
Andorians

4

6
7
8
9
10
Tellarites

Tellarites
Tellarites are a humanoid species
distinguished by a porcine-like snout, stout
build, deep set eyes and a characteristically
irascible disposition. The first appearance of
Tellarites was in The Original Series
episode “Journey to Babel” in 1967 (Reg.
No. RE-714-288, LP-50-341). They also
appeared in several Enterprise episodes,
such as “Bounty” in 2003 (Reg. No. PA-1205-603) and “United” in 2005 (Reg. No.
PA-1-257-201).

12
13
14
15
16
17
18
19
20

Andorians
Andorians are humanoid Federation
members from the planet Andoria.
Andorians first appeared in the episodes
“Journey to Babel” (Reg. No. RE-714-288,
LP-50-341) and “Whom Gods Destroy”
from The Original Series (Reg. No. RE769-427, LP-44-729). They also appeared
in several Star Trek Motion Pictures and
were featured extensively in Enterprise.

5

11

Star Trek Copyrighted Work

Romulans

Romulans
Romulans are a species from the planets
Romulus and Remus. The Romulan Empire
and Romulans first appeared in The
Original Series episode “Balance of Terror”
in 1966 (Reg. No. PA-58-310).

21
22
23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

15

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 17 of 48 Page ID #:130

1
2

Infringing Element from
Prelude to Axanar

3
4

Star Trek Copyrighted Work
Costumes

Uniform with gold shirt

Uniform with gold shirt

5
6
7
8
9
10
11
The Prelude to Axanar uniform style is
taken from The Original Series episode
“Where No Man Has Gone Before” (1966)
(Reg. No. PA-58-303), which includes a
gold shirt with a particular type of collar.

12
13
14
15
16
17
18

Soval, Vulcan Ambassador

Soval, Vulcan Ambassador

19
20
21
22
23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

16

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 18 of 48 Page ID #:131

1
2

Infringing Element from
Prelude to Axanar

Star Trek Copyrighted Work

3
4
5
6
7
8
9
Soval was first seen in the Enterprise pilot
episode “Broken Bow” in 2001 (Reg. No.
PA-1-072-515), and many times throughout
the Enterprise series such as in the episode
“The Expanse” from 2003 (Reg. No. PA-1205-604) (top image).

10
11
12
13
14

Soval’s costume copies the Vulcan robes
seen in Star Trek–The Motion Picture
(1979) and in later Star Trek Copyrighted
Works. His robe with the stylized ancient
Vulcan script on green drape also appears in
many Star Trek Copyrighted Works, such as
the bottom image from Enterprise.

15
16
17
18
19
20

Cowl neck and Starfleet Command
Insignia

Cowl neck and Starfleet Command
Insignia

21
22
23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

17

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 19 of 48 Page ID #:132

1
2

Infringing Element from
Prelude to Axanar

Star Trek Copyrighted Work
This style of women’s uniform seen above
with the cowl neck was seen in the first pilot
of The Original Series episode “The Cage”
(Reg. No. PA 314-430). The footage was
reused in the episode “The Menagerie Parts
I & II” in 1966 (Reg. Nos. PA-58-294, PA58-295).

3
4
5
6
7
8

The Starfleet Command badge seen below
was first seen in The Original Series episode
“The Menagerie Part I” in 1966 (Reg. No.
PA-58-294).

9
10
11
12
13
14
15
16
17
18

Triangular medals on uniform

Triangular medals on uniform

19
20
21
22
23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

18

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 20 of 48 Page ID #:133

1
2

Infringing Element from
Prelude to Axanar

Triangular medals for dress uniform on left
breast first appeared in The Original Series
episode “The Menagerie Part I” (1966)
(Reg. No. PA-58-294) and again in episodes
such as “Court Martial” (1966) (Reg. No.
PA-58-293) (pictured), “Space Seed” (1967)
(Reg. No. PA-58-280), “Journey to Babel”
(1967) (Reg. No. RE-714-288, LP-50-341)
and “The Savage Curtain” (1969) (Reg. No.
RE-769-425, LP-44-372).

3
4
5
6
7
8
9
10
11

Star Trek Copyrighted Work

Settings
Axanar

Axanar

12
“Axanar” is first mentioned in The Original
Series episode “Court Martial” in 1967
(Reg. No. PA-58-293) and plays a large role
in The Original Series episode “Whom
Gods Destroy” in 1969 (Reg. No. RE-769427, LP-44-729).

13
14
15
16
17

Planet Archanis IV

Planet Archanis IV

18
19
20
21
22
23
24
25
Archanis IV was first mentioned in The
Original Series episode “Day of the Dove” in
1968 (Reg. No. RE-740-931, LP-44-380). This
image is from the remastered DVDs from 2008.

26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

19

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 21 of 48 Page ID #:134

1
2
3

Infringing Element from
Prelude to Axanar
Q’onoS

Star Trek Copyrighted Work
Qo’noS

4
5
6
7
8
9
10
Qo’noS is the Klingon home planet. It is
seen for the first time in The Next
Generation episode “Sins of the Father” in
1990 (Reg. No. PA-501-111). It
subsequently played a large role in Star Trek
VI–The Undiscovered Country and several
works afterwards. The above image is the
Klingon capital city from Enterprise episode
“Unexpected” in 2001.

11
12
13
14
15
16
17
18
19

Planets Nausicaa, Rigel, Andoria,
Tellar Prime, Vulcan, Terra
(Earth), Q’onoS

Nausicaa is first mentioned in Enterprise
episode “Fortunate Son” in 2001. Rigel is
first mentioned in the first pilot of The
Original Series “The Cage” (Reg. No. PA
314-430), the footage of which was reused
in “The Menagerie Parts I & II” in 1966
(Reg. Nos. PA-58-294, PA-58-295).
Nausicaans as a race come first from The
Next Generation episode “Samaritan Snare”
in 1989 (Reg. No. PA-430-993). Andoria is
first mentioned and seen in Enterprise
episode “The Aenar” in 2005. Tellar Prime
is first mentioned in Enterprise episode

20
21
22
23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

Planets Nausicaa, Rigel, Andoria, Tellar
Prime, Vulcan, Terra (Earth), Qo’noS

LA2480428
202828-10048

20

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 22 of 48 Page ID #:135

1
2

Infringing Element from
Prelude to Axanar

“Babel One” in 2005 (Reg. No. PA-1-257199). Vulcan is first mentioned and seen in
The Original Series episode “Amok Time”
in 1968 (Reg. No. PA-58-289) (having been
referred to as “Vulcanis” in the second pilot
episode “Where No Man Has Gone Before”
in 1966) (Reg. No. PA-58-303). Terra
(Earth) is first mentioned and seen in The
Original Series episode “Tomorrow is
Yesterday” in 1967 (Reg. No. PA-58-300).
Qo’noS is the Klingon homeworld. It is
established and seen for the first time in The
Next Generation episode “Sins of the
Father” in 1990 (Reg. No. PA-501-111). It
subsequently played a large role in Star Trek
VI–The Undiscovered Country and several
works afterwards. These planets are
referenced throughout subsequent Star Trek
Television Series and Star Trek Motion
Pictures.

3
4
5
6
7
8
9
10
11
12
13
14
15
16

Star Trek Copyrighted Work

Spacedocks

Spacedocks

17
18
19
20
21
22
23
24
25
Spacedocks (or drydocks) were first
mentioned in The Original Series episode
“The Doomsday Machine” in 1967 (Reg.
No. RE-714-257, LP-44-258). The photo

26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

21

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 23 of 48 Page ID #:136

1
2

Infringing Element from
Prelude to Axanar

above is of the U.S.S. Enterprise in a
spacedock from Star Trek– The Motion
Picture in 1979.

3
4
5

Star Trek Copyrighted Work

Starship Enterprise (NCC-1701)

Starship Enterprise (NCC-1701)

6
7
8
9
10
11
12
13

The U.S.S. Enterprise (NCC-1701) is first
seen in the first and second pilot episodes of
The Original Series, “The Cage” (Reg. No.
PA 314-430) and “Where No Man Has
Gone Before” in 1966 (Reg. No. PA-58303) (pictured).

14
15
16
17
18

Starship Enterprise (NCC-1701)

Starship Enterprise (NCC-1701)

19
20
21
22
23
24
Axanar’s depiction of the U.S.S. Enterprise
in spacedock/drydock is strikingly similar to
a scene from Star Trek–The Motion Picture
in 1979 (above). Defendants’ depiction
even includes a vessel from the Star Trek

25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

22

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 24 of 48 Page ID #:137

1
2

Infringing Element from
Prelude to Axanar

Copyrighted Works called a cargo
management unit or “workbee.”

3
4

Star Trek Copyrighted Work

D7 Klingon ship

D7 Klingon ship

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
The D7 Klingon ship first appeared in The
Original Series episode “Elaan of Troyius”
in 1968 (Reg. No. RE-740-930, LP-44-379)
(top image) and was used as one of two

26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

23

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 25 of 48 Page ID #:138

1
2

Infringing Element from
Prelude to Axanar

recognizable Klingon ships in all works
thereafter. They also played a large role in
Star Trek–The Motion Picture in 1979
(bottom two images).

3
4
5
6

Star Trek Copyrighted Work

Starfleet ship

Starfleet ship

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22

This Axanar ship uses several design
elements from ships like the U.S.S. Kelvin
from Star Trek (2009)(top image).

23
24

The Axanar ship also uses design aspects of
Miranda-class ships, most notably the
U.S.S. Reliant from Star Trek II–The Wrath
of Khan (bottom image).

25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

24

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 26 of 48 Page ID #:139

1
2
3

Infringing Element from
Prelude to Axanar
Federation Starships

Star Trek Copyrighted Work
Federation Starships

4
5
6
7
8
9
10
11
12
13
14
15
16
The Axanar ship is a derivative design of
several ships of the Star Trek Copyrighted
Works, including the U.S.S. Titan, pictured
above in the novel Star Trek Titan: Sword
of Damocles, and the U.S.S. Centaur.

17
18
19
20
21
22
23

“Stardate 2241.03,” “Stardate
2243.3,” “Stardate 2244.1,”
“Stardate 2244.9,” “Stardate
2245.1”

24
25

Stardate 2266
The Axanar Works take place in 2241.03 to
2245.1, which is twenty-one years before
The Original Series episode “Where No
Man Has Gone Before” (Reg. No. PA-58303).

26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

25

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 27 of 48 Page ID #:140

1
2

Infringing Element from
Prelude to Axanar

3
4

Star Trek Copyrighted Work
Logos

United Federation of Planets logo

United Federation of Planets logo

5
The “UFP” symbol first appeared in The
Original Series episode “And The Children
Shall Lead” in 1968 (Reg. No. RE-740-928,
LP-44-377). Later, it appeared in Star
Trek–The Motion Picture in 1979.

6
7
8
9
10
11
12
13
14
15
16
17

United Federation of Planets logo

United Federation of Planets logo

18
19
20
21
22
23
24
The United Federation of Planets logo as
seen in Star Trek Nemesis in 2002. This
logo appeared on The Next Generation
episode “The Naked Now” in 1987 (Reg.
No. PA-348-302).

25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

26

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 28 of 48 Page ID #:141

1
2
3

Infringing Element from
Prelude to Axanar
Federation logo

Star Trek Copyrighted Work
Federation logo

4
5
6
7
8
9
10
The United Federation of Planets was first
mentioned by that name specifically in The
Original Series episode “A Taste of
Armageddon” in 1967 (Reg. No. PA-58302). The image above is from The Next
Generation episode “Conspiracy” in 1988
(Reg. No. PA-415-572).

11
12
13
14
15
16
17

Memory Alpha

Memory Alpha

18
19
20
21
22
23
24
25

Memory Alpha first appeared in The
Original Series episode “The Lights of
Zetar” in 1969 (Reg. No. 769-428, LP-44730), and the logo was later seen in the
remastered version of DVDs in 2008.

26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

27

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 29 of 48 Page ID #:142

1
2
3

Infringing Element from
Prelude to Axanar
Klingon logo

Star Trek Copyrighted Work
Klingon logo

4
5
6
7
8
9

The Klingon logo first appeared on the
newly introduced D7 Klingon ship in
episode “Elaan of Troyius” of The Original
Series in 1968 (Reg. No. RE-740-930, LP44-379). It was subsequently used to
represent the Klingon Empire in all other
Star Trek works thereafter, such as in Star
Trek VI–The Undiscovered Country (image
above).

10
11
12
13
14
15
16

Plot Point Similarities

17
18

United Federation of Planets

19

United Federation of Planets
The United Federation of Planets, an
interstellar alliance of several planetary
governments, was first mentioned by that
name specifically in The Original Series
episode “A Taste of Armageddon” in 1967
(Reg. No. PA-58-302). It is referenced
throughout the Star Trek Copyrighted
Works.

20
21
22
23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

28

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 30 of 48 Page ID #:143

1
2
3

Infringing Element from
Prelude to Axanar
Stardate

4

Star Trek Copyrighted Work
Stardate
The element of stardates was first used in
the second pilot of The Original Series
“Where No Man Has Gone Before” in 1966
(Reg. No. PA-58-303). It was subsequently
used in The Next Generation, Deep Space
Nine, Voyager, and every Star Trek Motion
Picture.

5
6
7
8
9
10

Dilithium

Dilithium is a crystalline substance used in
warp propulsion systems to regulate the
matter/antimatter reactions that provide the
energy necessary for faster-than-light speed.
Dilithium was first mentioned in The
Original Series episode “The Alternative
Factor” in 1967 (Reg. No. PA-58-299). It
was subsequently used as the main power
source of ships throughout the Star Trek
Copyrighted Works, such as The Original
Series episode “Elaan of Troyius” (Reg. No.
RE-740-930, LP-44-379).

11
12
13
14
15
16
17
18
19

Dilithium

Phasers

Phasers

20
Phasers are Starfleet handheld or shipmounted energy weapons. Phasers first
appeared in the second pilot episode of The
Original Series “Where No Man Has Gone
Before” in 1966 (Reg. No. PA-58-303), and
appear throughout subsequent Star Trek
Television Series and Star Trek Motion
Pictures.

21
22
23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

29

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 31 of 48 Page ID #:144

1
2
3

Infringing Element from
Prelude to Axanar
Klingon High Council

4

6
7
8
Klingon Empire

Klingon Empire
The Klingon Empire first appeared in The
Original Series episode “Errand of Mercy”
in 1967 (Reg. No. PA-58-283), and
appeared throughout subsequent Star Trek
Television Series and Star Trek Motion
Pictures.

10
11
12
13
14

Klingon High Council
The Klingon High Council first appeared in
The Next Generation episode “Sins of the
Father” in 1990 (Reg. No. PA-501-111), and
appeared throughout subsequent Star Trek
Television Series and Star Trek Motion
Pictures.

5

9

Star Trek Copyrighted Work

Federation Council

Federation Council

15
16
17
18
19
20
21
22
The Federation Council is first mentioned in
The Original Series episode “Amok Time”
in 1967 (Reg. No. PA-58-289). It plays a
role in every series and film thereafter,
including in the final episode of Enterprise
“These Are The Voyages…” in 2005 (Reg.
No. PA-1-305-894) (pictured above).

23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

30

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 32 of 48 Page ID #:145

1
2

Infringing Element from
Prelude to Axanar

3
4

Dialogue
Beaming up/Transporters

5

Beaming up/Transporters
The element of beaming is first mentioned
in the second pilot of The Original Series
“Where No Man Has Gone Before” in 1966
(Reg. No. PA-58-303) and is subsequently
used or explored in every Star Trek
Television Series and Star Trek Motion
Picture thereafter. The “Transporter Room”
is a room on Starfleet spaceships that
includes a transporter platform, which is
used to transport (or “beam”) Starfleet
personnel to other ships or planets.

6
7
8
9
10
11
12
13

Star Trek Copyrighted Work

Warp Drive

Warp Drive

14
Warp drive is the main propulsion system
for most starships that are capable of fasterthan-light travel. The element of warp drive
is first mentioned in the second pilot of The
Original Series “Where No Man Has Gone
Before” in 1966 (Reg. No. PA-58-303) and
is a fixed element for ships in every Star
Trek Television Series and Star Trek
Motion Picture thereafter, including Star
Trek–The Motion Picture.

15
16
17
18
19
20
21
22

Klingon Language

23

Klingon Language
Klingonese or Klingon, the native language
of Qo’noS, was first spoken in Star Trek–
The Motion Picture in 1979. It was used in
several works moving forward, including
Star Trek III The Search for Spock.

24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

31

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 33 of 48 Page ID #:146

1
2
3
4
5

Infringing Element from
Prelude to Axanar
“Stardate 2241.03,” “Stardate
2243.3,” “Stardate 2244.1,”
“Stardate 2244.9,” “Stardate
2245.1”

Stardate

Starfleet, Federation, Phasers

Starfleet, Federation, Phasers

6
7
8
9
10

Star Trek Copyrighted Work

11

Stardate is a fictional manner of designating
dates that was developed for the Star Trek
universe. Stardates appear in nearly every
Star Trek Copyrighted Work, including the
episodes “Where No Man Has Gone
Before” (Reg. No. PA-58-303) and “The
Man Trap” (Reg. No. PA-58-307) from The
Original Series.

The Starfleet is a branch of the United
Federation of Planets assigned to the
exploration of space and the resulting
scientific, diplomatic and defensive duties.
It is referenced in many Star Trek
Television Series and Star Trek Motion
Pictures, such as Enterprise episode
“Broken Bow” in 2001 (Reg. No. PA-1072-515).

12
13
14
15
16
17

The United Federation of Planets was first
mentioned by that name specifically in The
Original Series episode “A Taste of
Armageddon” in 1967 (Reg. No. PA-58302). Virtually every Star Trek episode,
game, book, and comic mentions the
Federation or the United Federation of
Planets.

18
19
20
21
22
23

Phasers first appeared in the second pilot
episode of The Original Series “Where No
Man Has Gone Before” in 1966 (Reg. No.
PA-58-303), and appear throughout
subsequent Star Trek Television Series and
Star Trek Motion Pictures.

24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

32

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 34 of 48 Page ID #:147

1

Infringing Element from
Prelude to Axanar

2
3
4

Star Trek Copyrighted Work
Mood and Theme

Science fiction action adventure

5

Science fiction action adventure
The mood and theme of Star Trek as a
science fiction action adventure first
appeared in The Original Series episode
“The Cage” (Reg. No. PA 314-430), and has
appeared in all subsequent episodes of The
Original Series and other derivative Star
Trek Copyrighted Works.

6
7
8
9
10
47.

11

In the Vulcan Scene from the Axanar Motion Picture, Defendants

12

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

13

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

14

distinctive hairstyle. The following chart includes some of the infringing elements

15

from the Vulcan Scene from the Axanar Motion Picture as well as examples of

16

many of the corresponding Star Trek Copyrighted Works:

17

Infringing Element from
Axanar

18
19
20

Star Trek Copyrighted Work
Characters

Soval

Soval

21
22
23
24
25
26
27

Soval was first seen in the Enterprise pilot
episode “Broken Bow” in 2001 (Reg. No.

28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

33

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 35 of 48 Page ID #:148

1
2

Infringing Element from
Axanar

Star Trek Copyrighted Work
PA-1-072-515), and many times
throughout the Enterprise series such as in
the episode “The Expanse” from 2003
(Reg. No. PA-1-205-604).

3
4
5

The Prelude to Axanar costume copies the
Vulcan robes seen in Star Trek–The
Motion Picture (1979) and in later Star
Trek Copyrighted Works. The robe with
the stylized ancient Vulcan script on green
drape is taken from the Star Trek
Copyrighted Works, including Enterprise
(pictured above).

6
7
8
9
10
11

Races and Species

12
13

Vulcans

Vulcans are a humanoid race with pointy
ears from the planet Vulcan that are
responsible in large part for the founding
of the Federation. Vulcans first appeared
in The Original Series episode “The Cage”
(Reg. No. PA 314-430), and have
appeared in many other Star Trek
Television Series as well as Star Trek
Motion Pictures.

14
15
16
17
18
19
20
21

Vulcans

Klingons

Klingons
Klingons are a warrior race from the
planet Qo’noS. Klingons first appeared on
The Original Series episode “Errand of
Mercy” (1967) (Reg. No. PA-58-283).
They have made many appearances on
Star Trek Television Series and Star Trek
Motion Pictures.

22
23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

34

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 36 of 48 Page ID #:149

1
2

Infringing Element from
Axanar

3
4
5

Star Trek Copyrighted Work
Costumes

Vulcans with pointy ears, distinctive
eyebrows, and robes with script

Vulcans with pointy ears, distinctive
eyebrows, and robes with script

6
7
8
9
10

The Vulcan script on robes appeared in
Star Trek–The Motion Picture (1979) and
numerous other films and shows. The
image above is from Enterprise episode
“Kir’shara” in 2004 (Reg. No. PA-1-257200), showing the same types of Vulcan
costumes, robes, and script portrayed by
Defendants.

11
12
13
14
15
16

Original Garth Costume

Original Garth Costume

17
18
19
20
21
22
23

Defendants have released a production
shot from the Axanar Motion Picture
showing Peters wearing the original Garth
of Izar costume worn by the actor from
The Original Series, while playing Garth
of Izar.

24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

35

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 37 of 48 Page ID #:150

1
2

Infringing Element from
Axanar

3
4

Star Trek Copyrighted Work
Settings

Planet Vulcan

Planet Vulcan

5
6
7
8
9
10
11

The above image is Mt. Seleya, on
Vulcan, from Star Trek III The Search for
Spock in 1982 and Star Trek IV: The
Voyage Home in 1986.

12
13
14
15

Vulcan architecture

Vulcan architecture

16
17
18
19
20
21
Vulcan architecture from Enterprise
“Kir’shara” in 2004 (Reg. No. PA-1-257200).

22
23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

36

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 38 of 48 Page ID #:151

1
2
3

Infringing Element from
Axanar
Vulcan Ships

Star Trek Copyrighted Work
Vulcan Ships

4
5
6
7
8
9
D’Kyr-class Vulcan ships first appeared in
Enterprise episode “Shockwave, Part II”
in 2002 (Reg. No. PA-1-134-204). The
image above is from Enterprise episode
“Kir’shara” in 2004 (Reg. No. PA-1-257200).

10
11
12
13
14

Plot Point Similarities

15
16

Teachings of Surak

Surak is first seen in The Original Series
episode “The Savage Curtain” in 1969
(Reg. No. RE-769-425, LP-44-372).

17
18
19

The teachings of Surak are a collection of
writings by the legendary Vulcan
philosopher Surak. They are referenced in
Enterprise episode “Two Days and Two
Nights” in 2002 (Reg. No. PA-1-102-974).

20
21
22
23

Vulcan Council

24

26
The Federation

28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

Vulcan Council
The Vulcan council is seen in Enterprise
episode “Kir’shara” in 2004 (Reg. No.
PA-1-257-200), and Star Trek (2009 film).

25

27

Teachings of Surak

The Federation
Virtually every Star Trek episode, game,

LA2480428
202828-10048

37

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 39 of 48 Page ID #:152

1
2

Infringing Element from
Axanar

Star Trek Copyrighted Work
book, and comic mentions the Federation
or the United Federation of Planets.

3
4

Mood and Theme

5
6

Science fiction action adventure

The mood and theme of Star Trek as a
science fiction action adventure first
appeared in The Original Series episode
“The Cage” (Reg. No. PA 314-430), and
has appeared in all subsequent episodes of
The Original Series and other derivative
Star Trek Copyrighted Works.

7
8
9
10
11
12
13
14
15
16
17
18
19

48.

elements.
49.

50.

26
27

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

the Star Trek Copyrighted Works.
51.

The Axanar Works are not licensed by CBS or Paramount.
FIRST CLAIM FOR RELIEF
Copyright Infringement
(Against All Defendants)

22

25

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

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

21

24

On information and belief, the Axanar Script contains the copyrighted

elements found in the Axanar Motion Picture, and many more copyrighted Star Trek

20

23

Science fiction action adventure

52.

Plaintiffs incorporate by reference the allegations contained in

paragraphs 1 through 51 as though fully set forth herein.
53.

The Star Trek Copyrighted Works constitute copyrightable subject

matter under the Copyright Act, 17 U.S.C. §§ 101, et seq. Plaintiffs have recorded
the copyrights in and to the Star Trek Copyrighted Works with the United States

28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

38

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 40 of 48 Page ID #:153

1

Copyright Office and have complied with all applicable statutory registration and

2

renewal requirements.

3

54.

Plaintiffs own the United States copyrights in the Star Trek

4

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

5

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

6

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

7

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

8

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

9

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

10
11

accorded to a copyright owner.
55.

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

12

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

13

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

14

other things:
a.

15
16

Preparing unauthorized derivative works of the Star Trek

Copyrighted Works in the form of the Axanar Works;

17

b.

18

Works in the Axanar Works;

19

c.

20

Distributing copies of the Axanar Works, which contain

copyrighted elements of the Star Trek Copyrighted Works;
d.

21
22

Reproducing copyrighted elements of the Star Trek Copyrighted

Publicly performing the Axanar Works, which contain

copyrighted elements of the Star Trek Copyrighted Works;
e.

23

Preparing unauthorized derivative works of the specific episodes

24

and motion pictures referenced in Paragraphs 46-47, above, in the form of the

25

Axanar Works;
f.

26
27

Reproducing copyrighted elements of the specific episodes and

motion pictures referenced in Paragraphs 46-47, above, in the Axanar Works;

28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

39

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 41 of 48 Page ID #:154

g.

1

Distributing copies of the Axanar Works, which contain

2

copyrighted elements of the specific episodes and motion pictures referenced in

3

Paragraphs 46-47, above; and
h.

4

Publicly performing the Axanar Works, which contain

5

copyrighted elements of the specific episodes and motion pictures referenced in

6

Paragraphs 46-47.

7

SECOND CAUSE OF ACTION

8

Contributory Copyright Infringement

9

(Against All Defendants)

10
11
12

56.

Plaintiffs incorporate by reference the allegations contained in

paragraphs 1 through 55 as though fully set forth herein.
57.

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

13

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

14

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

15

elements in the Star Trek Copyrighted Works, and to the specific episodes and

16

motion pictures referenced in Paragraphs 46-47, above.

17

58.

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

18

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

19

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

20

59.

In violation of Plaintiffs’ exclusive rights, Defendants have contributed

21

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

22

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

23

THIRD CAUSE OF ACTION

24

Vicarious Copyright Infringement

25

(Against All Defendants)

26
27

60.

Plaintiffs incorporate by reference the allegations contained in

paragraphs 1 through 59 as though fully set forth herein.

28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

40

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 42 of 48 Page ID #:155

1

61.

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

2

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

3

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

4
5
6

62.

On information and belief, Defendants enjoy a direct financial benefit

from the preparation, duplication, and distribution of the infringing Axanar Works.
63.

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

7

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

8

Trek Copyrighted Works and in the specific episodes and motion pictures

9

referenced in Paragraphs 46-47, above.

10

FOURTH CLAIM FOR RELIEF

11

Declaratory Judgment

12

(Against All Defendants)

13
14
15
16
17

64.

Plaintiffs incorporate by reference the allegations contained in

paragraphs 1 through 63 as though fully set forth herein.
65.

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

without obtaining Plaintiffs’ authorization.
66.

In addition to the infringing elements already copied into the Axanar

18

Works, Defendants have announced their intention to incorporate numerous other

19

copyrighted Star Trek elements into the Axanar Works, including but not limited to:
a.

20

Captain Robert April, a character whose name came from the

21

very first Star Trek pitch and who appeared in the episode “The Counter-Clock

22

Incident” from The Animated Series.
b.

23
24

Chang, a character who appeared in Star Trek VI—The

Undiscovered Country.
c.

25

Sarek, a character who appeared in “Journey to Babel” from The

26

Original Series (Registration No. RE-714-288, LP-50-341), the episodes “Sarek”

27

(Registration No. PA-501-117) and “Unification, Part I” (Registration No. PA-573-

28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

41

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 43 of 48 Page ID #:156

1

177) from Star Trek: The Next Generation, Star Trek III The Search for Spock, and

2

Star Trek IV: The Voyage Home.
d.

3

The Bridge, a starship operations center that appeared in many

4

Star Trek Copyrighted Works such The Original Series episode “The Cage”

5

(Registration No. PA 314-430).

6

e.

7

Star Trek: Deep Space Nine.

8

67.

Mek’leths, which are Klingon warrior weapons that appeared in

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

9

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

10

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

11

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

12

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

13

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

14

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

15

to the Star Trek Copyrighted Works.

16

68.

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

17

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

18

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

19

production the Axanar Motion Picture constitutes infringement of the Star Trek

20

Copyrighted Works.

21
22

69.

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

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

23
24
25
26

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

a.

27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

That the Court find that:
Defendants have infringed the copyrights in the Star Trek

Copyrighted Works;
LA2480428
202828-10048

42

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 44 of 48 Page ID #:157

b.

1
2

copyrights in the Star Trek Copyrighted Works;
c.

3
4
5

Defendants have contributed to the infringement of the

Defendants have vicariously infringed the copyrights in the Star

Trek Copyrighted Works.
2.

That the Court enter a declaration that Defendants’ continued

6

production the Axanar Motion Picture constitutes infringement of the Star Trek

7

Copyrighted Works.

8
9

3.

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

foregoing acts, Plaintiffs are entitled to the following damages:
a.

10

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

11

each separate Star Trek Copyrighted Work infringed, for willful infringement

12

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

13

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

14

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

15

proof; and
b.

16
17
18

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

19

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

20

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

21

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

22

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

23

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

24

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

25

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

26

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

27

whether or not it occurs in the United States.

28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

43

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 45 of 48 Page ID #:158

1

5.

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

2

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

3

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

4

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

5

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

6

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

7

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

8

or not it occurs in the United States.

9

6.

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

10

proper.

11

Dated: March 11, 2016

12
13
14

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.

15
16
17
18
19
20
21
22
23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

44

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 46 of 48 Page ID #:159

DEMAND FOR JURY TRIAL

1
2
3

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

4
5

Dated: March 11, 2016

6
7
8

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.

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

45

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 47 of 48 Page ID #:160

APPENDIX A: COPYRIGHTED STAR TREK WORKS

1
2

A. Motion Pictures

3

1.

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

4

2.

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

5

3.

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

6

4.

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

7

5.

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

8

6.

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

9

7.

Star Trek Generations (PA 735-978)

10

8.

Star Trek: First Contact (PA 832-616)

11

9.

Star Trek: Insurrection (PA 949-613)

12

10.

Star Trek Nemesis (PA 1-113-097)

13

11.

Star Trek (PA 1-626-900)

14

12.

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

15
16

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

17
18

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

19
20

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

21
22

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

23
24

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

25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

1

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.
LA2480428
202828-10048

46

AMENDED COMPLAINT

 Case 2:15-cv-09938-RGK-E Document 26 Filed 03/11/16 Page 48 of 48 Page ID #:161

1

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

2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Loeb & Loeb
A Limited Liability Partnership
Including Professional
Corporations

LA2480428
202828-10048

47

AMENDED COMPLAINT