Case 2:16-cv-08756 Document 1 Filed 11/23/16 Page 1 of 21 Page ID #:1

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John W. Holcomb (Bar No. 172121)
john.holcomb@knobbe.com
KNOBBE, MARTENS, OLSON & BEAR, LLP
2040 Main Street, 14th Floor
Irvine, CA 92614
Telephone: 949-760-0404
Facsimile: 949-760-9502
Hans L. Mayer (Bar No. 291998)
hans.mayer@knobbe.com
1925 Century Park East, Suite 600
Los Angeles, CA 90067
Telephone: 310-551-3450
Facsimile: 949-760-9502
Attorneys for Plaintiff PACIFIC COAST
VIDEO, INC.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE CENTRAL DISTRICT OF CALIFORNIA

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PACIFIC COAST VIDEO, INC., a
California corporation,

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Plaintiff,
v.

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PUBLIC BROADCASTING
SERVICE (PBS), a District of
Columbia nonprofit corporation;
FLEISHERFILM, INC., a Wyoming
corporation;
PBS SOCAL/KOCE, a California
non-commercial television station;
KVCR-DT, a California
non-commercial television station;
and
KLCS, a California non-commercial
television station,

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Defendants.

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) Civil Action No. 2:16-CV-8756
)
)
)
)
) COMPLAINT OF PLAINTIFF
) PACIFIC COAST VIDEO FOR
) COPYRIGHT INFRINGEMENT
) AND UNFAIR COMPETITION
)
-and)
)
) DEMAND FOR JURY TRIAL
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)
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 Case 2:16-cv-08756 Document 1 Filed 11/23/16 Page 2 of 21 Page ID #:2

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Plaintiff PACIFIC COAST VIDEO, INC. (“PCV”), for its Complaint

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against

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FLEISHERFILM, INC. (“fleisherfilm”); PBS SOCAL/KOCE-TV (“PBS

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SoCal/KOCE-TV”); KVCR-DT; and KLCS (collectively, “Defendants”),

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hereby alleges as follows:

Defendants

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PUBLIC

BROADCASTING

SERVICE

(“PBS”);

I. JURISDICTION AND VENUE
1.

This is an action for copyright infringement arising under 17

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U.S.C. § 501 and for unfair competition arising under California Business &

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Professions code §§ 17200 et seq. and under the common law of the State of

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California.
2.

This Court has subject matter jurisdiction pursuant to 28 U.S.C.

§§ 1331, 1338(a) and (b), & 1367(a).
3.

This Court has personal jurisdiction over Defendants by virtue of

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each Defendant’s systematic and continuous contacts with California and by the

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actions in California giving rise to this Complaint, including in this Judicial

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District.

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4.

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§§ 1391(b) and (c).

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Venue is proper in this Judicial District pursuant to 28 U.S.C.

II. THE PARTIES
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PCV is a California corporation having its principal place of

business at 635 Chapala Street, Santa Barbara, California 93101.
6.

PCV is informed and believes, and thereupon alleges, that

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Defendant PBS is a private, nonprofit corporation organized under the laws of

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the District of Columbia having its principal place of business at 2100 Crystal

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Drive Arlington, Virginia 22202.

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7.

PCV is informed and believes, and thereupon alleges, that

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Defendant PBS SoCal/KOCE-TV is a non-commercial television station

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organized under the laws of California having its principal place of business at
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 Case 2:16-cv-08756 Document 1 Filed 11/23/16 Page 3 of 21 Page ID #:3

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3080 Bristol Street, Costa Mesa, California 92626, and that KOCE-TV is

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licensed to the KOCE-TV Foundation.

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8.

PCV is informed and believes, and thereupon alleges, that

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Defendant KVCR-DT is a non-commercial television station organized under

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the laws of California having its principal place of business at 701 South Mount

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Vernon Avenue, San Bernardino, California 92410, and that KVCR-DT is

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licensed to the San Bernardino Community College District.

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9.

PCV is informed and believes, and thereupon alleges, that

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Defendant KLCS is a non-commercial television station organized under the

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laws of California having its principal place of business at 1061 West Temple

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Street, Los Angeles, California 90012-1590, and that KLCS is licensed to the

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Los Angeles Unified School District.

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10.

PCV is informed and believes, and thereupon alleges, that

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Defendant fleisherfilm is a Wyoming corporation having its principal place of

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business at 8701 West Olympic Boulevard, Los Angeles, California 90035.

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III. BACKGROUND
A.

Plaintiff Pacific Coast Video
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Gordon Forbes, the principal of PCV, has been involved with the

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filming, directing, and production of television programming since 1974, the

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year that PCV was founded. Mr. Forbes’ devotion to the craft has led to over 40

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hours of PCV’s programming being broadcast on various television networks.

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In particular, PCV gained notoriety from its one-of-a-kind work with the U.S.

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Navy SEALs.

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12.

Mr. Forbes began his relationship with the U.S. Navy SEALs in

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1988 by arranging a visit to the Naval Special Warfare Command in Coronado,

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California.

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Demolition/SEAL center (“BUD/s”), the recruit training program for the Navy

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SEALs. Subsequently, the commanding officers agreed to allow Mr. Forbes to

Specifically, Mr. Forbes first went to the Basic Underwater

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visit regularly to learn how the BUD/s training was structured. And by 1989,

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the commanding officers further agreed to allow Mr. Forbes and PCV to film

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that training. The Naval Special Warfare BUD/s command’s objectives were to

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attract qualified recruits looking for a challenge, to show the outside world what

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becoming a Navy SEAL entailed, and to provide an unclassified look at SEAL

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team capabilities. PCV’s objectives were to create a series of documentaries for

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broadcast on cable television.

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13.

The commanding officers of the BUD/s center and the Naval

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Special Warfare command agreed to allow Mr. Forbes to film the various

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training scenarios and events as they occurred. The arrangement was that all

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interviews with individual SEAL candidates and SEAL team members were to

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be conducted only with the permission of the interviewees, that all production

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expenses were to be borne by PCV (which included commercial travel, rental

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production equipment, and lodging), and that the resultant footage, and all rights

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therein, would remain the exclusive the property of PCV.

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14.

This arrangement established the basis for Mr. Forbes’ career of

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working with the U.S. Navy Special Warfare community for the next 12 years.

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The BUD/s executive officer invited Mr. Forbes to film the “Hell Week” part of

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the BUD/s training. Mr. Forbes accepted the invitation wholeheartedly and

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thereafter filmed the first BUD/s “Hell Week” evolution ever produced by

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anyone, either military or civilian.

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15.

That Hell Week footage was included in “Navy SEALs:

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Underwater Warriors,” which PCV produced, directed, wrote, and filmed the

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footage for. Indeed, that show was nominated in 1989 for a local Emmy award

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for editing. All footage for this program and from the shoot is the property of

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PCV.

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16.

Over the course of the 12 years that Mr. Forbes worked with the

U.S. Navy Special Warfare community, he traveled, at his expense, to film
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various SEAL teams in locations such as Coronado, California; Kodiak Island,

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Alaska; New Orleans, Louisiana; Panama Canal, Panama; San Clemente Island,

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California; Fort Benjamin Harrison, Montana; Camp Pendleton, California;

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Blackwater, North Carolina; Monterrey, California; AP Hill, Virginia;

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Ft. Pickett, Virginia; Mississippi River, Louisiana; Norfolk, Virginia; Yuma,

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California; Piney Island, North Carolina; Niland, California; Ft. Benjamin

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Harrison, Montana; Norway; Chile; Bahrain; and the Persian Gulf.

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Indeed, Mr. Forbes performed 18 dives with SEAL Teams in

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Coronado Bay, the Persian Gulf, Bahrain, and the Santa Barbara Channel. In

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addition, Mr. Forbes filmed over a dozen platoon Immediate Action live fire

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drills, as well live fire drills for man down drills, jungle patrols, land and

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underwater explosive training, simulated ambushes, Australian Peel, helicopter

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insertion on land and sea, live fire drills with Chilean Navy, double and single

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duck insertions from C-130 and helicopter, both in Pacific, Atlantic, and

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Panama Canal Zone, live fire training with helicopter units at Ft. Pickett,

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hostage rescue, kill house SWAT drills, obstacle course drills, and inter-service

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operations with Army and Marine units, and finally three Hell Weeks - BUD/s

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Classes 163, 196, and 234.

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18.

PCV’s unprecedented footage of the Navy SEALs resulted in the

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production of “Silent Option,” an Emmy-award-winning documentary first

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shown on Discovery Channel in December 1996.

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B.

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Plaintiff Pacific Coast Video’s Copyrights
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PCV, as the author of “Naval Special Warfare Brief 1,” (also

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known as “NSW 1”), “Naval Special Warfare Brief 2,” (also known as

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“NSW 2”), “U.S. Navy SEALs: Direct Action,” “In Harm’s Way,” “U.S. Navy

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SEALs: Silent Option,” and “Hell Week” (collectively, the “PCV WORKS”) is

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the owner of the copyrights pursuant to 17 U.S.C. § 201(a).

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///
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PCV has complied with the copyright laws of the United States and

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has secured copyrights and the exclusive rights and privileges offered by such

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copyrights in the PCV WORKS. Specifically, on or about February 27, 2015,

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PCV registered with the United States Copyright Office its copyright in “Naval

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Special Warfare Brief 1” as Registration No. PAu 3-769-778; on or about

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February 25, 2015, PCV registered with the United States Copyright Office its

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copyright

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No. PAu 3-768-002; on or about April 22, 1999, the United States Copyright

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Office recorded PCV’s registration of its copyright in “Navy SEALs: In Harm’s

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Way” as Registration No. V3433D360; and on or about January 20, 2000, the

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United States Copyright Office recorded PCV’s registration of its copyright in

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“Hell Week” as Registration No. V3449D676.

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in

“Naval

Special

Warfare

Brief 2”

as

Registration

On or about February 22, 2016, PCV filed an application to register

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its copyright in “U.S. Navy SEALs: Silent Option” with the United States

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Copyright Office. On or about April 29, 2016, PCV filed an application to

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register its copyright in “U.S. Navy SEALs: Direct Action” with the United

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States Copyright Office. PCV will seek to amend the complaint once it has

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confirmation of registration for “U.S. Navy SEALs: Silent Option” and “U.S.

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Navy SEALs: Direct Action.”

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22.

A true and correct copy of the Certificate of Registration for

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“Naval Special Warfare Brief 1” is attached hereto as Exhibit A. A true and

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correct copy of the Certificate of Registration for “Naval Special Warfare

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Brief 2” is attached hereto as Exhibit B.

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Certificate of Registration for “Navy SEALs: In Harm’s Way” is attached

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hereto as Exhibit C. A true and correct copy of the Certificate of Registration

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for “Hell Week” is attached hereto as Exhibit D.

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///

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///
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A true and correct copy of the

 Case 2:16-cv-08756 Document 1 Filed 11/23/16 Page 7 of 21 Page ID #:7

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C.

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Defendants’ Wrongful Acts
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Without permission or authority from PCV, and despite repeated

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requests by PCV to cease, Defendants PBS and fleisherfilm have infringed and

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continue to infringe the PCV WORKS by various acts, including broadcasting

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“Navy SEALs - Their Untold Story” on PBS stations nationwide, making “Navy

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SEALs - Their Untold Story” available for streaming and/or rental on pbs.com,

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Netflix, Amazon, Google Play, and Apple iTunes, and selling DVD copies of

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“Navy SEALs - Their Untold Story.”

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Specifically, PCV is informed and believes, and thereupon alleges,

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that on Veterans Day, November 11, 2014, “Navy SEALs - Their Untold Story”

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was broadcast nationwide by PBS and all of PBS’s 350 affiliate stations,

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including PBS SoCal/KOCE-TV, KVCR-DT, and KLCS.

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PCV is informed and believes, and thereupon alleges, “Navy

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SEALs - Their Untold Story” was first broadcast as a two-hour special on

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Veterans Day to garner maximum viewership and revenue.

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PCV is informed and believes, and thereupon alleges, that “Navy

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SEALs - Their Untold Story” was re-broadcast nationwide by PBS and all of

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PBS’s 350 affiliate stations, including PBS SoCal/KOCE-TV, KVCR-DT, and

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KLCS, in November 2014 and twice in April 2015.

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27.

PCV is informed and believes, and thereupon alleges, that “Navy

SEALs - Their Untold Story” was produced by fleisherfilm.

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28.

The following table contains the time codes from “Navy SEALs –

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Their Untold Story” which contain PCV’s copyrighted footage, as well as the

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corresponding time codes of the copyrighted PCV WORKS from which the

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footage was obtained by fleisherfilm and PBS without authorization:

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///

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///

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///
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 Case 2:16-cv-08756 Document 1 Filed 11/23/16 Page 8 of 21 Page ID #:8

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Key:

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PBS Program = Navy SEALs: Their Untold Story

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NSW1 = Naval Special Warfare Brief 11

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SO – File = Silent Option

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IHW = In Harm’s Way

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DA = Direct Action

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Hell Week – Master = Hell Week

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TC = Time code
Navy SEALs – Their Untold

Pacific Coast Video

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Story Time Code

Source

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TC 01 00 25- 01 00 28

NSW1

TC 00 01 54 – 00 02 00

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TC 01 04 32 23 – 01 04 33 18

SO – File

TC 00 06 37 – 00 06 42

NSW1

TC 00 06 29 – 00 07 20

SO – File

TC 00 07 09 – 00 07 46

DA – File

TC 00 02 08 25 – 00 02 13 00

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Pacific Coast Video Time Code

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25
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The footage in NSW2 is identical to that of NSW1
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Navy SEALs – Their Untold

Pacific Coast Video

Pacific Coast Video Time Code

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Story Time Code

Source

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TC 01 04 33 18 – 01 04 34 16

SO – File

TC 00 02 09 – 00 02 13

NSW1

TC 00 06 40 – 00 06 45

SO – File

TC 00 07 17 – 00 07 19

SO – File

TC 00 07 55 – 00 07 57

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HELL WEEK -

TC 00 03 53 15 – 00 03 56 15

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Master

4
5
6
7
8
9
10

13

NSW1

TC 00 06 43 – 00 06 45

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HELL WEEK -

TC 01 00 33 10 – 01 00 36 12

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Master

TC 01 04 37 07 – 01 04 38 10

14

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TC 07 24 – 07 28

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19

SO – File
TC 01 04 38 13 – 01 04 42 00

NSW1

TC 06 52 – 06 57

SO – File

TC 07 32 – 07 39

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21
22
23

TC 02 00 09 00 – 02 00 14 25

NSW1

TC 00 01 54 – 00 02 00

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TC 02 00 14 18 – 02 00 17 00

NSW1

TC 00 02 20 – 00 02 23

25

TC 02 00 17 03 – 02 00 18 10

NSW1

TC 00 02 26 – 00 02 29

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TC 02 00 18 15 – 02 00 20 00

NSW1

TC 00 02 29 – 00 02 30

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TC 02 00 19 27 – 02 00 22 15

NSW1

TC 00 02 30 – 00 02 33

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Navy SEALs – Their Untold

Pacific Coast Video

Pacific Coast Video Time Code

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Story Time Code

Source

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TC 02 00 22 15 – 02 00 25 21

NSW1

00 02 42 – 00 02 57

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TC 02 00 25 23 – 02 00 28 00

SO – File

TC 01 01 19 – 00 01 23

NSW1

TC 00 02 56 00 – 00 03 01 TC

DA – File

00 24 36 – 00 24 43

SO – File

TC 00 06 23 – 00 06 26

IHW

TC 00 02 43 – 00 02 48

NSW1

TC 00 04 06 – 00 04 11

TC 02 00 37 27 – 02 00 39 00

NSW1

TC 00 03 53 15– 00 03 56 15

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TC 02 00 39 11 – 02 00 41 11

NSW1

TC 00 04 26 – 00 04 32

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TC 02 06 18 02 – 02 06 19 05

NSW1

TC 00 07 31 00 – 00 07 32 25

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TC 02 06 19 02 – 02 06 20 20

HELL WEEK -

TC 01 00 43 29 – 01 00 45 23

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TC 02 06 19 02 – 02 06 19 13

Master

5
6
7
8
9

TC 02 00 35 03 – 02 00 37 02

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11
12
13
14
15

20

TC 00 07 33 – 00 07 35

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22

NSW1
TC 02 06 20 21 – 02 06 22 00

NSW1

TC 00 07 56 – 00 07 58

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HELL WEEK –

TC 01 00 59 12 – 01 01 03 03

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Master

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26
27
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Navy SEALs – Their Untold

Pacific Coast Video

Pacific Coast Video Time Code

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Story Time Code

Source

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TC 02 06 22 01 – 02 06 22 17

NSW1

TC 00 07 40

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HELL WEEK –

TC 01 00 45 -26 – 01 00 48 15

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Master

4

7

TC 02 06 22 00 – 02 06 22 17

NSW1

TC 00 07 40 00 – 00 07 41 25

HELL WEEK –

TC 01 00 45 – 01 00 46 05

8
9
10
11

Master
TC 02 06 22 15 – 02 06 24 00

NSW1

12

TC 00 07 40 – 00 07 43 and 00
20 25 – 00 20 27

13
14

HELL WEEK -

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Master

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TC 02 06 24 00 – 02 06 25 08

NSW1

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TC 00 07 42 – 00 07 47 and 00
20 29 – 00 20 32

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HELL WEEK -

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Master

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TC 01 00 49 16 – 01 00 54 15

TC 00 36 41 – 00 36 42

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22

TC 01 00 47 19 – 01 00 50 08

SO – File
TC 02 06 25 17 – 02 06 27 05

NSW1

TC 00 07 47 – 00 47 50

SO – File

TC 00 37 31 05 – 00 37 36 05

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24
25

TC 02 06 27 09 – 02 06 29 29

NSW1

TC 00 07 49 – 00 07 53 15

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TC 02 06 37 00 – 02 06 38 12

IHW – File

TC 00 17 23 – 00 17 25 25

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TC 02 06 38 13 – 02 06 41 05

IHW – File

TC 00 17 14 26 – 00 17 17 18 00

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Navy SEALs – Their Untold

Pacific Coast Video

2

Story Time Code

Source

3

TC 02 06 41 01 – 02 06 46 15

IHW – File

TC – (still) 00 17 28 or so

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TC 02 06 46 16 – 02 06 49 00

IHW – File

TC 00 15 57 – 00 16 03

5

TC 02 06 49 00 – 02 06 50 25

IHW – File

TC 00 17 08 - 00 17 14

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TC 02 06 50 15 – 02 06 53 10

IHW – File

TC 00 17 14 25 – 00 17 19 00

7

TC 02 06 53 17 - 02 06 55 19

IHW – File

TC 00 17 40 – 00 17 44

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TC 02 06 55 20 – 02 06 58 20

IHW – File

TC 00 17 43 – 00 17 47

SO – File

TC 00 02 04 – 00 02 55

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Pacific Coast Video Time Code

10
11
12

NSW1
TC 02 16 44 27 – 02 16 47 07

TC 00 05 05 – 00 05 45

NSW1

TC 00 05 07 00 – 00 05 11 15

SO – File

TC 00 02 04 – 00 02 08

SO – File

TC 01 01 20 – 01 01 22

SO – File

TC 01 00 18 - 01 00 20 15

SO – File

TC 00 02 32 15 – 00 02 33 20

NSW1

TC 00 05 22 10 – 00 05 26 15

SO – File

TC 00 02 20 25 – 00 02 22

NSW1

TC 00 05 14 15 – 00 05 18 10

SO – File

TC 00 02 23 – 00 02 25 25

NSW1

TC 00 05 20 – 00 05 22

13
14
15
16
17
18
19

TC 02 16 47 08 – 02 16 49 14

20
21
22

TC 02 16 47 08 – 02 16 49 14

23
24
25

TC 02 16 51 13 – 02 16 53 00

26
27
28
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Navy SEALs – Their Untold

Pacific Coast Video

Pacific Coast Video Time Code

2

Story Time Code

Source

3

TC 02 16 53 01 – 02 16 56 03

SO – File

TC 00 02 51 15 – 00 02 53 15

NSW1

TC 00 05 31 15 – 00 05 34 20

SO – File

TC 00 02 40 – 00 02 42

NSW1

TC 00 01 33 – 00 01 35

4
5
6

TC 02 16 56 07 – 02 16 58 25

7
8
9

TC 02 16 58 26 – 02 17 06 08

NSW1

TC 00 01 42 00 – 00 01 53 00

10

TC 02 20 57 28 – 02 21 08 03

SO – File

TC 00 58 03

11

TC 02 21 08 – 02 21 14 10

SO – File

TC 00 58 03 – 00 58 07

12

TC 02 21 11 01 – 02 21 14 17

SO – File

TC 00 57 57 – 00 58 02

13

TC 02 50 37 14 – 02 50 43 27

NSW1 – Still Frame

TC 00 03 53 15– 00 03 56 15

14

TC 02 50 44 07 – 02 50 45 15

SO – File

TC 00 05 34 20 – 00 05 37 15

NSW1

TC 00 03 53 15– 00 03 56 15

15
16
17
18
19
20
21
22
23
24
25
26
27
28
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 Case 2:16-cv-08756 Document 1 Filed 11/23/16 Page 14 of 21 Page ID #:14

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Navy SEALs – Their Untold

Pacific Coast Video

2

Story Time Code

Source

3

TC 02 50 45 16 – 02 50 48 20

ALL PROGRAMS

Pacific Coast Video Time Code

4

TITLE SEQUENCE

5

SO – File

TC 00 02 56 00 – 00 02 59 15

SO – File

TC 01 03 29 – 01 03 32

IHW – File

TC 00 03 04 – 00 03 07 and 00

6
7
8
9

55 35 – 00 55 38

10
11
DA – File

12

TC 00 03 03 -00 03 05 and 00 56
50 – 00 56 53

13
14
NSW1

TC 00 04 33 – 00 04 38 25

17

HELL WEEK -

TC 01 02 09 12 – 01 02 11 19

18

Master

and 01 54 13 01 – 01 54 15 07

15
16

19

TC 02 50 48 21 – 02 50 52 00

NSW1

TC 00 01 19 – 00 01 25 00

20

TC 02 50 52 – 02 50 57 00

NSW1

TC 00 01 16 15 – 00 01 18 00

21

TC 02 51 16 15 – 02 51 31 00

NSW1

TC 00 04 39 STILL FRAME

22
23

approximate
SO – File

24
25
26
27
28
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TC 00 01 50

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Navy SEALs – Their Untold

Pacific Coast Video

2

Story Time Code

Source

3

TC 02 51 43 00 – 02 51 57 05

NSW1

Pacific Coast Video Time Code

TC 00 04 43 or 00 04 44 STILL
FRAME approximate

4
5

SO – File

TC 00 01 51 approximate

NSW1

TC 00 04 39 00 – 00 04 5301

6
7

(from Rubber duck scene)

8
9

SO – File

TC 00 01 50 20 – 00 01 59 20

NSW1

TC 00 04 38 20 – 00 04 53 00

NSW1

TC 00 10 01 15 – 00 10 12 15

SO – File

TC 00 01 50 20 – 00 01 59 20

NSW1

TC 00 04 51 00 – 00 05 01 00

SO – File

TC 00 01 59 00 – 00 02 05 00

10
11

TC 02 51 57 06 – 02 52 02 08

12
13
14
15
16

TC 02 52 02 09 – 02 52 07 03

17
18
19
20
21

29.

PCV is informed and believes, and thereupon alleges, that “Navy

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SEALs - Their Untold Story” was the fourth-highest-rated special on PBS in

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2014.

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25
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30.

PCV is informed and believes, and thereupon alleges, that

fleisherfilm has profited by producing “Navy SEALs - Their Untold Story.”
31.

PCV is informed and believes, and thereupon alleges, that PBS

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profited from its broadcasting and distributing of “Navy SEALs - Their Untold

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Story.”
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 Case 2:16-cv-08756 Document 1 Filed 11/23/16 Page 16 of 21 Page ID #:16

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32.

PCV is informed and believes, and thereupon alleges, that “Navy

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SEALs - Their Untold Story” had commercial sponsorship by at least USAA

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and Anheuser-Busch.

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33.

PCV is informed and believes, and thereupon alleges, that PBS

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SoCal/KOCE-TV, KVCR-DT, and KLCS profited from their broadcasting of

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“Navy SEALs - Their Untold Story.”

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8

34.

PCV is informed and believes, and thereupon alleges, that PBS and

fleisherfilm’s conduct was willful.

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35.

Within hours of the first broadcast of “Navy SEALs - Their Untold

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Story” on November 11, 2014, PCV contacted PBS regarding PBS’s

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infringement of PCV’s copyrighted works.

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36.

PCV informed PBS of its allegation that PCV’s copyrighted

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footage appears in “Navy SEALs - Their Untold Story.” Despite being noticed

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of the alleged copyright infringement, PBS continued thereafter to publically

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broadcast and distribute “Navy SEALs - Their Untold Story.”

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37.

PCV is informed and believes, and thereupon alleges, that despite

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being informed of PCV’s allegations of copyright infringement, PBS allowed its

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350 affiliate stations, including PBS SoCal/KOCE-TV, KVCR-DT, and KLCS,

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to continue broadcasting “Navy SEALs - Their Untold Story.”

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38.

Soon after the first broadcast of “Navy SEALs - Their Untold

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Story” on November 11, 2014, PCV contacted fleisherfilm regarding

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fleisherfilm’s infringement of PCV’s copyrighted works.

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39.

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amicably.

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40.

PCV has attempted, on numerous occasions, to resolve this matter

Despite fleisherfilm and PBS’s review of evidence of PCV’s

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federal copyright registrations, and despite the absence of any writing

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transferring any of PCV’s copyright rights in the PCV WORKS to a third party,

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 Case 2:16-cv-08756 Document 1 Filed 11/23/16 Page 17 of 21 Page ID #:17

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fleisherfilm and PBS denied, and continue to deny, that PCV is the owner of the

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PCV WORKS that appear in “Navy SEALs - Their Untold Story.”

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41.

Despite PBS and fleisherfilm’s receipt of numerous notices from

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PCV of their copyright infringement, PBS and fleisherfilm continue to make the

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infringing work available for viewing by the public, including on PBS

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SoCal/KOCE-TV, KVCR-DT, and KLCS, by rental, and by purchase.

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IV. FIRST CLAIM FOR RELIEF

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Copyright Infringement under 17 U.S.C. § 501 Against Defendants PBS

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and fleisherfilm

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11

42.

Paragraphs 1-41 of this Complaint as though fully set forth herein.

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PCV hereby repeats, realleges, and incorporates by reference

43.

This is a claim for copyright infringement in violation of 17 U.S.C.

44.

PCV is the owner of the copyrights in the PCV WORKS, which

§ 501.

contain copyrightable subject matter under 17 U.S.C. §§ 101 et seq.
45.

PCV has complied in all respects with 17 U.S.C. §§ 102 et seq., the

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statutory deposit and registration requirements thereof, and all of the laws

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governing federal copyrights, to secure the exclusive rights and privileges in and

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to the PCV WORKS.

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46.

PCV is informed and believes, and on that basis alleges, that

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Defendants PBS and fleisherfilm have willfully and deliberately infringed

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PCV’s copyrights in the PCV WORKS by copying and distributing portions of

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the PCV WORKS.

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47.

PCV is informed and believes, and on that basis alleges, that

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Defendants have made profits and have been unjustly enriched by reason of

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their infringement of PCV’s copyrights in the PCV WORKS.

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48.

As a direct consequence of Defendants’ aforementioned acts, PCV

has been damaged in an amount to be determined through discovery.
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49.

As a direct consequence of Defendants’ aforementioned acts,

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PCV’s ability to generate revenue by licensing the PCV WORKS has been

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greatly impaired.

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50.

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As a direct consequence of Defendants’ aforementioned acts,

PCV’s reputation of has been damaged.

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51.

As a direct consequence of Defendants’ aforementioned acts, PCV

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has suffered, and will continue to suffer, irreparable injury. Such damage and

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irreparable injury will continue and will increase unless and until Defendants are

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enjoined from their wrongful acts.

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V. SECOND CLAIM FOR RELIEF

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California Statutory and Common Law Unfair Competition

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13

52.

PCV hereby repeats, realleges, and incorporates by reference

Paragraphs 1-51 of this Complaint as though fully set forth herein.

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53.

This is a claim for unfair competition in violation of California

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Business and Professions Code §§ 17200 et seq. and the common law of the

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State of California.

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54.

PCV has invested substantial time, skill, and money in developing

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its copyrighted materials.

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copyrighted works at little or no cost to Defendants. Defendants’ appropriation

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and use of PCV’s property was without the authorization or consent of PCV.

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The actions of Defendants have resulted in business loss and injury to PCV.

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55.

Defendants have appropriated and used PCV’s

Defendants’ actions constitute unlawful, unfair, malicious, or

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fraudulent business practices in violation of California Business and Professions

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Code §§ 17200 et seq. and the common law of the State of California.

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56.

PCV is informed and believes, and on that basis alleges, that

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Defendants have made profits and have been unjustly enriched by reason of

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their infringement of PCV’s copyrights in the PCV WORKS.

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 Case 2:16-cv-08756 Document 1 Filed 11/23/16 Page 19 of 21 Page ID #:19

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2

57.

As a direct consequence of Defendants’ aforementioned acts, PCV

has been damaged in an amount to be determined through discovery.

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58.

As a direct consequence of Defendants’ aforementioned acts,

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PCV’s ability to generate revenue by licensing the PCV WORKS has been

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greatly impaired.

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59.

7

As a direct consequence of Defendants’ aforementioned acts,

PCV’s reputation has been damaged.

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60.

As a direct consequence of Defendants’ aforementioned acts, PCV

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has suffered, and will continue to suffer, irreparable injury. Such damage and

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irreparable injury will continue and will increase unless and until Defendants are

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enjoined from their wrongful acts.

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61.

PBS and fleisherfilm’s willful acts of unfair competition constitute

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fraud, oppression, and malice.

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exemplary damages pursuant to California Civil Code § 3294(a).

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Accordingly, PCV is entitle to recover

VI. DEMAND FOR JUDGMENT

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WHEREFORE, PCV demands judgment against Defendants as follows:

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A.

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Defendants on all claims for relief alleged herein;

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20

B.

C.

That Defendants be adjudged to have unfairly competed with PCV

under Cal. Bus. & Prof. Code §§ 17200, et seq.;

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That the Court enter judgment that Defendants have violated the

provisions of 17 U.S.C. § 501;

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22

That the Court enter judgment in favor of PCV and against

D.

That Defendants be adjudged to have unfairly competed with PCV

under the common law of the State of California;

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E.

That Defendants, their officers, agents, servants, employees,

26

attorneys, successors, and assigns, and all other persons in active concert or

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participation with any of them who receive actual notice of the injunction by

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 Case 2:16-cv-08756 Document 1 Filed 11/23/16 Page 20 of 21 Page ID #:20

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personal service or otherwise, be forthwith preliminarily and permanently

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enjoined from:

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4

i.

from PCV; and

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6

using PCV’s copyrights in any manner without authorization

ii.
F.

unfairly competing with PCV in any manner whatsoever;

That Defendants be required to account to PCV for any and all

7

profits derived by Defendants and all damages sustained by PCV by virtue of

8

Defendants’ acts complained of herein;

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G.

That Defendants be held liable and ordered to pay over to PCV all

10

damages that PCV has sustained as a consequence of the acts complained of

11

herein, subject to proof at trial, and that PCV be awarded the profits of

12

Defendants derived by reason of said acts or statutory damages, whichever are

13

greater, or applicable, all as determined by said accounting for;

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15
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H.

That PBS and fleisherfilm be held liable to PCV and that PCV

recover exemplary damages pursuant to California Civil Code § 3294;
I.

That PCV recover its costs, attorney’s fees, and expenses of this

action from Defendants pursuant to 17 U.S.C. § 505; and
J.

That Pacific Coast Video be awarded such other and further relief

as this Court may deem just and proper.
KNOBBE, MARTENS, OLSON & BEAR, LLP

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Dated: November 23, 2016

By: /s/ John W. Holcomb
John W. Holcomb
Hans L. Mayer
Attorneys for Plaintiff PACIFIC COAST
VIDEO, INC.

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 Case 2:16-cv-08756 Document 1 Filed 11/23/16 Page 21 of 21 Page ID #:21

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DEMAND FOR JURY TRIAL

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3

Plaintiff PACIFIC COAST VIDEO, INC. hereby demands a trial by jury
as to all issues triable by a jury in the above-captioned action.
KNOBBE, MARTENS, OLSON & BEAR, LLP

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Dated: November 23, 2016

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8
9

By: /s/ John W. Holcomb
John W. Holcomb
Hans L. Mayer
Attorneys for Plaintiff PACIFIC COAST
VIDEO, INC.

24588265
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