Case 2:17-cv-08140-FMO-PLA Document 1 Filed 11/07/17 Page 1 of 18 Page ID #:1

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Stephen M. Doniger (SBN 179314)
stephen@donigerlawfirm.com
Scott A. Burroughs (SBN 235718)
scott@donigerlawfirm.com
Howard S. Han (SBN 243406)
hhan@donigerlawfirm.com
DONIGER / BURROUGHS
603 Rose Avenue
Venice California 90291
Telephone: (310) 590-1820

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Attorneys for Plaintiff

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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PLAYBOY ENTERTAINMENT GROUP,
INC., a Delaware corporation,

Case No.:
PLAINTIFF’S COMPLAINT FOR:

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Plaintiff,

1. COPYRIGHT INFRINGEMENT

v.

2. VICARIOUS AND/OR
CONTRIBUTORY COPYRIGHT
INFRINGEMENT

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HAPPY MUTANTS, LLC, a Delaware
limited liability company; and DOES 1
through 10,

Jury Trial Demanded

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Defendants.
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PLAYBOY ENTERPRISES, INC., by and through its undersigned attorneys,
hereby prays to this honorable Court for relief based on the following:
JURISDICTION AND VENUE

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1. This action arises under the Copyright Act of 1976, Title 17 U.S.C., § 101
et seq.

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1
COMPLAINT

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2. This Court has federal question jurisdiction under 28 U.S.C. § 1331 and
1338 (a) and (b).

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3. Venue in this judicial district is proper under 28 U.S.C. § 1391(c) and

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1400(a) in that this is the judicial district in which a substantial part of the acts and

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omissions giving rise to the claims occurred.
PARTIES

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4. Plaintiff PLAYBOY ENTERTAINMENT GROUP, INC. (“PLAYBOY”) is

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a Delaware corporation with its principal place of business at 9346 Civic Center

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Drive, Beverly Hills, California 90210.

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5. Plaintiff is informed and believes and thereon alleges that Defendant

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HAPPY MUTANTS, LLC (“MUTANTS”) is a Delaware limited liability company

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with its principal place of business at 800 Lovell Avenue, Mill Valley, California

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94931.

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6. Plaintiff is informed and believes and thereon alleges that Defendants

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DOES 1 through 10, inclusive, are other parties not yet identified who have infringed

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Plaintiff’s copyrights, have contributed to the infringement of Plaintiff’s copyrights,

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or have engaged in one or more of the wrongful practices alleged herein. The true

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names, whether corporate, individual or otherwise, of Defendants 1 through 10,

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inclusive, are presently unknown to Plaintiff, who therefore sues said Defendants by

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such fictitious names, and will seek leave to amend this Complaint to show their true

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names and capacities when same have been ascertained.

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7. Plaintiff is informed and believes and thereon alleges that at all times

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relevant hereto each of the Defendants was the agent, affiliate, officer, director,

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manager, principal, alter-ego, and/or employee of the remaining Defendants and was

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at all times acting within the scope of such agency, affiliation, alter-ego relationship

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and/or employment; and actively participated in or subsequently ratified and/or

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adopted each of the acts or conduct alleged, with full knowledge of all the facts and

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2
COMPLAINT

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circumstances, including, but not limited to, full knowledge of each violation of

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Plaintiff’s rights and the damages to Plaintiff proximately caused thereby.

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CLAIMS RELATED TO USE OF PHOTOGRAPHIC IMAGES

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8. Plaintiff PLAYBOY owns 477 original photographs commonly referred to

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as Playboy Centerfolds (“Subject Works”) that have been registered with the United

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States Copyright Office. Attached hereto as Exhibit A is a chart listing the 477

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Subject Works.

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9. Plaintiff is informed and believes and thereon alleges that following

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PLAYBOY’s publication of the Subject Works, Defendants, and each of them used

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the Subject Works without Plaintiff’s authorization for commercial purposes on its

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website, including, but not limited to, their use in articles and advertising.

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10. Plaintiff is informed and believes and thereon alleges that one such use of

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the Subject Works by Defendants, and each of them, was an article from February

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29, 2016 touting the availability of “Every Playboy Playmate Centerfold Ever” for

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viewing or download without Plaintiff’s authorization, as shown below:

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COMPLAINT

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11. Plaintiff is informed and believes and thereon alleges that Defendants, and

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each of them, generate revenue through the advertising on the website pages bearing

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the Subject Works, as well as through any referral links to external websites on those

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pages.

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FIRST CLAIM FOR RELIEF

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(For Copyright Infringement - Against All Defendants, and Each)
12. Plaintiff repeats, realleges and incorporates herein by reference as though

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fully set forth the allegations contained in the preceding paragraphs of this

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Complaint.
13. Plaintiff is informed and believes and thereon alleges that Defendants, and

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each of them, had access to the Subject Works, including, without limitation,

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through viewing the Subject Works via Plaintiff’s magazine or website, or viewing

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the Subject Works on a third-party websites (e.g., Tumblr, Pintrest, etc.).
14. Plaintiff is informed and believes and thereon alleges that Defendants, and

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each of them, used and distributed images of the Subject Works, and exploited said

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images in website posts without Plaintiff’s authorization or consent.
15. Due to Defendants’, and each of their, acts of infringement, Plaintiff has

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suffered damages in an amount to be established at trial.
16. Due to Defendants’, and each of their, acts of copyright infringement as

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alleged herein, Defendants, and each of them, have obtained profits they would not

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otherwise have realized but for their infringement of the Subject Works. As such,

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Plaintiff is entitled to disgorgement of Defendants’, and each of their, profits

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attributable to the infringement of Subject Works in an amount to be established at

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trial.

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17. Plaintiff is informed and believes and thereon alleges that Defendants, and
each of them, have committed copyright infringement with actual or constructive

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4
COMPLAINT

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knowledge of Plaintiff’s rights such that said acts of copyright infringement were,

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and continue to be, willful, intentional and malicious.

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SECOND CLAIM FOR RELIEF

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(For Vicarious and/or Contributory Copyright Infringement - Against All

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Defendants)
18. Plaintiff repeats, realleges, and incorporates herein by reference as though

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fully set forth, the allegations contained in the preceding paragraphs of this

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Complaint.

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19. Plaintiff is informed and believes and thereon alleges that Defendants

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knowingly induced, participated in, aided and abetted in and profited from the illegal

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reproduction of the Subject Works as alleged herein.

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20. Plaintiff is informed and believes and thereon alleges that Defendants, and

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each of them, are vicariously liable for the infringement alleged herein because they

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had the right and ability to supervise the infringing conduct and because they had a

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direct financial interest in the infringing conduct.
21. By reason of the Defendants’, and each of their acts of contributory and

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vicarious infringement as alleged above, Plaintiff has suffered and will continue to

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suffer substantial damages to its business in an amount to be established at trial, as

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well as additional general and special damages in an amount to be established at

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trial.

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22. Due to Defendants’, and each of their acts of copyright infringement as

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alleged herein, Defendants, and each of them, have obtained direct and indirect

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profits they would not otherwise have realized but for their infringement of the

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Subject Works. As such, Plaintiff is entitled to disgorgement of Defendants’ profits

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directly and indirectly attributable to Defendants’ infringement of the Subject

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Design, in an amount to be established at trial.

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5
COMPLAINT

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23.Plaintiff is informed and believes and thereon alleges that Defendants, and

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each of them, have committed acts of copyright infringement, as alleged above,

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which were willful, intentional and malicious, which further subjects Defendants,

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and each of them, to liability for statutory damages under Section 504(c)(2) of the

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Copyright Act in the sum of up to one hundred fifty thousand dollars ($150,000.00)

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per infringement. Within the time permitted by law, Plaintiff will make its election

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between actual damages and statutory damages.
PRAYER FOR RELIEF

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Wherefore, Plaintiff prays for judgment as follows:
Against All Defendants, and Each:

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With Respect to Each Claim for Relief

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a. That Defendants, and each of them, as well as their employees, agents,

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or anyone acting in concert with them, be enjoined from infringing

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Plaintiff’s copyrights in the Subject Works, including without limitation

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an order requiring Defendants, and each of them, to remove any content

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incorporating, in whole or in part, the Subject Works from any print,

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web, or other publication owned, operated, or controlled by any

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Defendant;

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b. That Plaintiff be awarded all profits of Defendants, and each of them,

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plus all losses of Plaintiff, plus any other monetary advantage gained by

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the Defendants, and each of them, through their infringement, the exact

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sum to be proven at the time of trial, and, to the extent available,

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statutory damages as available under the 17 U.S.C. § 504, 17 U.S.C.

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§1203, and other applicable law;

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c. That Plaintiff be awarded his costs and attorneys’ fees, including as
available under the Copyright Act U.S.C. § 101 et seq.;

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COMPLAINT

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d. That Plaintiff be awarded statutory damages and/or penalties under the
statues set forth above;

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e. That Plaintiff be awarded pre-judgment interest as allowed by law;

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f. That Plaintiff be awarded such further legal and equitable relief as the

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Court deems proper.
Plaintiff demands a jury trial on all issues so triable pursuant to Fed. R. Civ. P.
38 and the 7th Amendment to the United States Constitution.

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Respectfully submitted,
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Dated: November 7, 2017

By:

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COMPLAINT

/s/ Stephen M. Doniger
Stephen M. Doniger, Esq.
Howard S. Han, Esq.
DONIGER / BURROUGHS
Attorneys for Plaintiff

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EXHIBIT A
1. Miss April 1960
2. Miss May 1960
3. Miss June 1960
4. Miss July 1960
5. Miss August 1960
6. Miss October 1960
7. Miss December 1960
8. Miss January 1961
9. Miss February 1961
10. Miss April 1961
11. Miss June 1961
12. Miss July 1961
13. Miss September 1961
14. Miss October 1961
15. Miss December 1961
16. Miss February 1962
17. Miss April 1962
18. Miss May 1962
19. Miss June 1962
20. Miss July 1962
21. Miss November 1962
22. Miss January 1963
23. Miss February 1963
24. Miss March 1963
25. Miss September 1963
26. Miss October 1963
27. Miss November 1963
28. Miss December 1963
29. Miss June 1964
30. Miss April 1965
31. Miss June 1965
32. Miss July 1965
33. Miss October 1965
34. Miss February 1966
35. Miss April 1966
36. Miss June 1966
37. Miss July 1966
38. Miss October 1966
39. Miss November 1966
40. Miss January 1967
41. Miss February 1967
42. Miss May 1967
43. Miss June 1967
44. Miss July 1967

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45. Miss August 1967
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79. Miss September 1975
80. Miss October 1975
81. Miss February 1976
82. Miss October 1976
83. Miss January 1977
84. Miss June 1977
85. Miss September 1977
86. Miss October 1977
87. Miss January 1978
88. Miss May 1978
89. Miss July 1978
90. Miss October 1978

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91. Miss January 1979
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Miss July 1986

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Miss August 1986
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Miss January 1992
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Miss December 1994
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Miss November 1998
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Miss December 2001
Miss February 2002
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Miss October 2006
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Miss August 2010
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Miss July 2014
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