Case 2:18-cv-01830 Document 1 Filed 03/05/18 Page 1 of 18 Page ID #:1

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REBECCA GIROLAMO (SBN 293422)
(becky.girolamo@wilmerhale.com)
WILMER CUTLER PICKERING
HALE AND DORR LLP
350 S. Grand Ave., Suite 2100
Los Angeles, CA 90071
Telephone: +213 443 5300
Facsimile: +213 443 5400

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LOUIS W. TOMPROS (pro hac vice application to be filed)
(louis.tompros@wilmerhale.com)
DONALD R. STEINBERG (pro hac vice application to be filed)
(don.steinberg@wilmerhale.com)
STEPHANIE LIN (pro hac vice application to be filed)
(stephanie.lin@wilmerhale.com)
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: +1 617 526 6000
Facsimile: +1 617 526 5000
Attorneys for Plaintiff
MATT FURIE

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

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MATT FURIE

18-1830
CV _______________

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Plaintiff,
vs.

COMPLAINT FOR
COPYRIGHT
INFRINGEMENT

INFOWARS, LLC; FREE SPEECH
SYSTEMS, LLC
Defendants.

DEMAND FOR JURY TRIAL

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COMPLAINT FOR COPYRIGHT INFRINGEMENT
Case No. _____________
18-cv-1830

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Plaintiff Matt Furie hereby submits his Complaint for Copyright

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Infringement pursuant to the Copyright Act of 1976, 17 U.S.C. §§ 101 et seq.,

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against Defendants Infowars, LLC, and Free Speech Systems, LLC. For his

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complaint, Furie alleges on personal knowledge as to matters relating to himself,

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and on information and belief as to all other matters, as follows:

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NATURE OF ACTION
1.

This is an action to end the misappropriation of Pepe the Frog

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(“Pepe”) by Defendants Infowars, LLC, and Free Speech Systems, LLC

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(collectively “Defendants”), including their sale of a poster copying Pepe through

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their website, infowars.com.
2.

Artist Matt Furie created the Pepe the Frog character in the early

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2000s. Pepe is an anthropomorphic frog often depicted with large, rounded,

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red/brown lips, bulging eyes (often with multiple white stars in the pupil), puffy

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eyelids, and a human-shaped body, as shown below:

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Example Pepe the Frog Image

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3.

At his creation, Pepe was a “peaceful frog-dude”—a kind and blissful

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cartoon character, who lived alongside three animal roommates, and became

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famous in part because of his catchphrase, “feels good man.” By 2014, the Pepe

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character featured prominently in internet memes.

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But beginning in 2015, various fringe groups connected with the alt-

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right attempted to coopt Pepe by mixing images of Pepe with images of hate,

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including white supremacist language and symbols, Nazi symbols, and other

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offensive imagery. Furie has worked hard to counteract that negative image of

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Pepe, including collaborating with the Anti-Defamation League on the #SavePepe

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campaign to restore Pepe as a character representing peace, togetherness, and fun.

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Despite Furie’s efforts, Defendants and others have misused Furie’s

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Pepe character and copied Pepe images for use in products sold online to promote

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messages of hate. In doing so, Defendants not only copied Furie’s original

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creation, but also freeloaded off Pepe’s popularity and Furie’s labor.

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6.

Defendants sell a poster (the “infringing poster”) that contains a copy

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of Pepe the Frog, featured alongside an image of Infowars founder Alex Jones,

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President Donald Trump, Milo Yiannopoulos, and Ann Coulter, among other

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figures, with the text “MAGA”—short for the Trump campaign slogan, “Make

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America Great Again”—printed on the bottom:

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7.

Furie did not authorize the use of the Pepe image or character in this

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poster, and does not approve of the association of Pepe with Alex Jones or any of

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the other figures shown in this poster, or with the “MAGA” slogan.

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This is therefore an action for copyright infringement. Defendants

have infringed Furie’s copyright in the Pepe the Frog character and image.

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JURISDICTION AND VENUE

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9.

U.S.C. §§ 101 et seq. (“Copyright Act”).

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This action arises under the Copyright Act of 1976, as amended, 17

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

1331 and 1338(a).

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This Court has personal jurisdiction over Defendants because, as

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further alleged below, they have purposefully availed themselves of the benefits

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and privileges of conducting business in the State of California and this District,

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and have purposefully directed their activities toward California and this District.

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12.

Defendants Infowars and Free Speech Systems are Texas limited-

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liability companies. On information and belief, Defendants are managed by radio

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host Alex Jones. Defendants operate an organization that includes nationwide

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radio programming and an interactive, commercial website, infowars.com. The

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website publishes articles, hosts an archive of Defendants’ audio programs, and

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offers for sale hundreds of products through its online store, including “emergency

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survival foods,” “outdoor survival gear,” and a range of dietary supplements

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purporting to—among other things—protect DNA, “defend [] cells,” and cleanse

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lungs.

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13.

Defendants regularly conduct and solicit business in California and

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this District. On information and belief, California residents regularly access

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infowars.com and account for a substantial portion of the website’s visitors.

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Defendants sell products online, by mail, and by telephone to residents of

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California and this District and ship those products to buyers in the state.

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Further, Defendants maintain an ongoing relationship with

customers—including California customers—via their “Patriot Points” loyalty

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program, in which customers receive reward points for every dollar spent on

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Defendants’ products. Defendants also broadcast programs to California radio

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stations, including at least five stations in this District. See Ex. A (list of stations

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that run Defendants’ program The Alex Jones Show). That programming

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advertises the products that Defendants sell, and thereby directly solicits purchases

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from customers in California and this District.

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Through their online store, Defendants offer for sale and sell the

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infringing poster in California and in this District. At least four of the 24

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customers who reviewed the infringing poster identified themselves as residing in

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California; two identified themselves as residing within this District. See Exs. B1-

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B3. Defendants have thereby committed acts of direct infringement in California

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and this District in violation of Plaintiff Furie’s intellectual property rights.

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Defendants have further purposefully and voluntarily placed the

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infringing poster into the stream of commerce with, on information and belief, the

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expectation and intent that it will be purchased and used by consumers in

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California and this District.

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Defendants’ infringing conduct has caused foreseeable harm in

California and in this District, where Furie resides.
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Defendants maintain ongoing and systematic contacts within, and/or

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have otherwise purposefully directed activities toward, the State of California and

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this District, including (but not limited to) by: (i) regularly conducting or soliciting

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business, engaging in other persistent courses of conduct, and/or deriving

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substantial revenue from goods and services provided to the residents of California

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and this District, (ii) conducting infringing acts in California and this District,

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and/or (iii) placing infringing products into the stream of commerce with the

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purpose, intent and knowledge that they will be used by consumers in California

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and this District. The Defendants have thus availed themselves of the benefits and

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privileges of conducting business in, and have purposefully directed their activities

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toward, California and this District.

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The present action arises out of and relates to Defendants’ forum

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contacts, and the exercise of personal jurisdiction over Defendants would not

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offend traditional notions of fair play and substantial justice.

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Venue is proper in this District pursuant to 28 U.S.C. §§ 1391 and

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1400(a). The Defendants have committed acts of infringement in this District and

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are subject to personal jurisdiction in this District.

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THE PARTIES

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Plaintiff Matt Furie is an artist residing in San Luis Obispo County,

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California. His art includes “children’s book illustrations for adults,” that blend

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child-like characters and adult situations. He is well known for, among other

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things, his comic book series Boy’s Club and his wordless children’s book The

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Night Riders.

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Defendant Infowars is a limited-liability company organized and

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existing under the laws of Texas. On information and belief, its principal place of

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business is 100 Congress Avenue, Austin, TX 78701.

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Defendant Free Speech Systems is a limited-liability company

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organized and existing under the laws of Texas. On information and belief, its

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principal place of business is 910 West Mary Street, Austin, TX 78704.

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On information and belief, at all times material to this complaint,

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Defendants have owned and operated the websites infowars.com and

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infowarsstore.com.

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FACTUAL ALLEGATIONS
A.

Furie’s Creation of Pepe the Frog
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Matt Furie conceived of the character of Pepe the Frog in the early

2000s.

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Pepe is an anthropomorphic frog often depicted with large, rounded,

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red/brown lips, bulging eyes (often with multiple white stars in the pupil), puffy

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eyelids, and a human-shaped body, as shown below:

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Example Pepe the Frog Image

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The Pepe character was created as a “peaceful frog-dude” and a

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“blissfully stoned frog”—a kind and blissful cartoon character who lived with three

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animal roommates.

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Furie first included Pepe in a publication called Play Time in 2003.

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Then in 2005, Pepe appeared in the online cartoon Boy’s Club. In that

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appearance, Pepe first uses his most famous catchphrase, “feels good man.”
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In 2006, Boy’s Club 1 was released in print. Pepe appeared on the

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cover of Boy’s Club 1, as well as in several comic panels in the book. Examples

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are reprinted here:

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Cover of Boy’s Club 1

Selected Images of Pepe from Boy’s Club 1

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31.

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In addition, Boy’s Club 1 included a profile of the Pepe character:
Profile of Pepe from Boy’s Club 1

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In June 2008, through Buenaventura Press, Furie published Boy’s

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Club 2, again featuring Pepe prominently on the cover, back jacket, and interior

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panels, examples of which are illustrated below:

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Cover of Boy’s Club 2

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Selected Images of Pepe from Boy’s Club 2

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Boy’s Club 2 also included a copyright page, making clear that Furie

owned the copyright in the work:

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Copyright Page from Boy’s Club 2

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Boy’s Club continued in publication through 2016.

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From 2005 to 2016, Furie created other depictions of Pepe, including

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each of the following examples, which Furie drew:

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Images of Pepe Created by Furie

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Furie is the sole legal owner of the character and images of Pepe the

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Frog—an original, creative work in which Furie owns protectable copyright

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interests. Furie has registered a number of his copyrights with the U.S. Copyright

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Office and has other copyright applications pending. See Exs. C–J.

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B.

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Licensing of Pepe
37.

Furie has expressly licensed his intellectual property rights in Pepe to

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certain licensees, including Bored Teenager, Hashtag Collectables, Yesterdays, and

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the creators of the What Do You Meme? card game. Licensed Pepe merchandise

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includes, for example, “Pepe the Frog - official stuffed doll,” sold by Hashtag

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Collectables, illustrated below:

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C.

Popularity of Pepe
38.

Over time, Pepe grew in popularity, and became a popular internet

meme.
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In August 2014, singer Katy Perry tweeted an image of Pepe, and in

December 2014, rapper Nicki Minaj posted an image of Pepe to Instagram.
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By May 2015, the website Buzzfeed had posted over 1,200 Pepe

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images. Likewise, in 2015, Pepe was the most retweeted meme on Twitter.

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D.
Fringe “Alt Right,” Neo-Nazis, and White Supremacists “Reclaim”
Pepe

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On information and belief, in late 2015, in reaction to Pepe becoming

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mainstream, some users of the Internet imageboard 4chan began a campaign

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designed to “reclaim” Pepe, by mixing him with offensive material—for example,

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Nazi propaganda images. Throughout 2015 and during the 2016 U.S. Presidential

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campaign, the number of memes juxtaposing Pepe with racist, anti-Semitic, and

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other bigoted imagery and themes grew.

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On or about October 13, 2015, an unauthorized image of Pepe dressed

as Donald Trump and standing behind the Presidential seal appeared on Twitter:

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On or about September 10, 2016, Donald Trump Jr. posted to

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Instagram an image that was a modified version of the movie poster for the film

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“The Expendables,” labeled “The Deplorables,” and featured Pepe standing behind

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Trump and alongside other supporters of Trump’s presidential campaign:

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Shortly after “The Deplorables” image was posted, news outlets began

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referring to Pepe as a “white nationalist symbol,” and Hillary Clinton’s campaign

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website posted an “explainer” stating that Pepe has been coopted by the alt-right

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and other white supremacists as a symbol associated with anti-Semitism and white

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supremacy.

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On September 27, 2016, the Anti-Defamation League added Pepe the

Frog to their database of General Hate Symbols.

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The association of Pepe with symbols of hate and with the alt-right

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movement has been a nightmare for Furie.

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E.

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Furie’s Efforts to Disassociate Pepe from Hateful Causes
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Furie was dismayed by Pepe’s association with white supremacy, anti-

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Semitism, and the alt-right. In October 2016, Furie partnered with the Anti-

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Defamation League to launch the #SavePepe campaign, to “reclaim” Pepe as a

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symbol for peace, love, and acceptance.

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On May 6, 2017, disappointed with the continued unauthorized use of

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Pepe in connection with hateful imagery and themes, Furie posted an online comic

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in which Pepe has died and is shown at his funeral. At that time, Furie hoped that

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use of the Pepe character in connection with hateful speech would diminish and

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eventually cease.

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F.

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Defendants Infowars and Free Speech Systems
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On information and belief, both Defendant companies were founded

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in 2007 and are managed by Alex Jones. Jones, host of Defendants’ The Alex

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Jones Show, has been described as “America’s leading conspiracy theorist,” 1 a

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member of “an anti-government far right that blames the world’s ills on a grand

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global conspiracy.” 2

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The Alex Jones Show is syndicated to over 100 radio stations

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nationwide, and is simulcasted via YouTube and Defendants’ website,

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infowars.com. Jones has claimed that he has 5 million daily radio listeners and has

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topped 80 million video views in a month.3

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Defendants’ website infowars.com publishes what various sources

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have deemed “fake news.” 4 It also posts episodes of Defendants’ radio programs

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and sells products through its online store. The site attracted 10 million unique

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1

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“An Interview With Alex Jones, America’s Leading (and Proudest) Conspiracy
Theorist,” http://nymag.com/daily/intelligencer/2013/11/alex-jones-americas-topconspiracy-theorist.html
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“Alex Jones, Pizzagate booster and America’s most famous conspiracy theorist,
explained,” https://www.vox.com/policy-and-politics/2016/10/28/13424848/alexjones-infowars-prisonplanet
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“How Alex Jones, conspiracy theorist extraordinaire, got Donald Trump’s ear,”
https://www.washingtonpost.com/lifestyle/style/how-alex-jones-conspiracytheorist-extraordinaire-got-donald-trumps-ear/2016/11/17/583dc190-ab3e-11e68b45-f8e493f06fcd_story.html?utm_term=.66c2c7098827
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“Want to keep fake news out of your newsfeed? College professor creates list of
sites to avoid,” http://www.latimes.com/nation/politics/trailguide/la-na-trailguideupdates-want-to-keep-fake-news-out-of-your-1479260297-htmlstory.html; “Don’t
get fooled by these fake news sites,” https://www.cbsnews.com/pictures/dont-getfooled-by-these-fake-news-sites/4/.
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visitors in one month in 2016, more than mainstream sites such as the Economist

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and Newsweek,5 and had 476 million views in all of 2016.6

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Defendants’ online store sells, among other things, dietary

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supplements, toiletries, apparel, media, and “preparedness” items—such as

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“emergency survival foods,” “outdoor survival gear,” gun holsters, water filters,

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and face masks. One recent estimate placed Defendants’ revenue from online sales

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at upwards of $15 million over a two-year period.7

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53.

On information and belief, Defendants’ online store is the primary

source of funding for Defendants’ online and radio content. At the top of the store

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webpage, infowarsstore.com, a message from Alex Jones reads: “Thank you for

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supporting the infowar!”

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Defendants’ products are heavily advertised on their radio

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programming, with one source calling Jones’ radio show “a nationwide, daily,

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four-hour infomercial for” Defendants’ merchandise.8

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G.

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Defendants’ Infringing Activities
55.

Among the items offered for sale on Defendants’ website is the

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infringing poster, prominently featuring a copy of Pepe. In the image, Pepe

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appears alongside Jones, President Donald Trump, conservative political

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commentator Matt Drudge, strategist Roger Stone, and other individuals associated

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with the Trump 2016 campaign. On information and belief, two of those

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remaining individuals are Paul Joseph Watson, editor-at-large of infowars.com,

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“Alex Jones, Pizzagate booster and America’s most famous conspiracy theorist,
explained,” https://www.vox.com/policy-and-politics/2016/10/28/13424848/alexjones-infowars-prisonplanet
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“How Does Alex Jones Make Money?,”
http://nymag.com/selectall/2017/05/how-does-alex-jones-make-money.html
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Id.
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Id.
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and Milo Yiannopoulos, former editor of Breitbart News—both of whom have

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been associated with alt-right and nativist or white nationalist viewpoints. 9

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56.

The poster is offered for $17.76, and the product description on

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Defendants’ website explains that purchases of the poster will “[h]elp support

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Infowars in the fight for free speech.”

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Multiple reviewers enthusiastically noted Pepe’s presence in the

photo:

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“Here’s How Breitbart And Milo Smuggled Nazi and White Nationalist Ideas
Into The Mainstream,” https://www.buzzfeed.com/josephbernstein/heres-howbreitbart-and-milo-smuggled-whitenationalism?utm_term=.lcYOxgzyr#.lfxGJ9rDW; “For the New Far Right,
YouTube has Become the New Talk Radio,”
https://www.nytimes.com/2017/08/03/magazine/for-the-new-far-right-youtubehas-become-the-new-talk-radio.html; “Alt-right editor challenges journalists to
visit Sweden,” http://www.bbc.com/news/world-europe-39033165
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COUNT ONE
Copyright Infringement

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58.

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above as if fully set forth herein.
59.

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Plaintiff repeats and re-alleges the allegations of paragraphs 1–57

Plaintiff Matt Furie is the sole and exclusive owner of the copyright of

the image and character of Pepe the Frog. A number of Furie’s works are
registered with the Copyright Office; applications for additional registrations are
pending. Attached hereto as Exhibits C–J are true and correct copies of the
registrations and applications, with evidence that Furie has paid the required fees
and made the required deposit, as follows:
Exhibit Title of Work

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C
D
E

Play Time
Boy’s Club 1
Boy’s Club 1
Zine
Boy’s Club 2
Boy’s Club 3
Boy’s Club 4

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F
G
H

Date of
Completion

Registration
Number

2003
2006
2006

VA0002073601
VA0002073597
VA0002073600

2008
2009
2010

VA0002073603
VA0002073598

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I

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J

Application
Number (if
pending)

15772648437
15772648492

Boy’s
Club
2016
Collective
Edition
Pepe in Blue
2016
VA0002074461
Shirt
60. As the owner of the copyrighted Pepe the Frog character and image,

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Plaintiff owns the exclusive rights, among others, to copy the original work, to

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prepare derivative works based on the original, and to distribute copies of the work

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by sale or other transfer of ownership, or by rental, lease, or lending.

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61.

Defendant has used Pepe the Frog, created derivative works based on

the original, and sold such works without Plaintiff’s authorization.

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62.

Defendant’s acts constitute infringement of Plaintiff’s copyrighted

work in violation of the Copyright Act, 17 U.S.C. § 101 et seq.

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DAMAGES

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63.

Plaintiff is entitled to recover from Defendant his actual damages

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and/or Defendants’ unlawful profits, or, at his election, statutory damages as

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provided by 17 U.S.C. § 504(c).

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INJUNCTION

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64.

Defendant’s conduct has caused Plaintiff irreparable harm. Unless

restrained and enjoined, Defendant will continue to commit acts of infringement,

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and cause Plaintiff to suffer substantial injuries, loss, and irreparable damage to his

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proprietary and exclusive rights to his copyright. Plaintiff’s remedy at law is

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inadequate to fully compensate him for these inflicted and threatened injuries.

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65.

Plaintiff is entitled to a permanent injunction, as provided for in 17

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U.S.C. § 502, enjoining Defendant and all others acting in concert with him from

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engaging in further acts of infringement.

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PRAYER FOR RELIEF

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WHEREFORE, Plaintiff respectfully requests that the following relief be
granted:

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a. Award Plaintiff his actual damages for Defendant’s infringement, or other

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damages on all Counts, in an amount to be determined at trial;

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b. Grant a permanent injunction enjoining Defendant and anyone acting in

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concert with Defendant from copying or distributing any unauthorized copy

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of, or derivative work based on, Pepe the Frog;

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c. Grant to Plaintiff any and all such other relief as the Court deems just and

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proper, including all applicable costs and attorneys’ fees.
///

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-16COMPLAINT FOR COPYRIGHT INFRINGEMENT
Case No. _____________
18-cv-1830

 Case 2:18-cv-01830 Document 1 Filed 03/05/18 Page 18 of 18 Page ID #:18

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DEMAND FOR JURY TRIAL

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In accordance with Fed. R. Civ. P. 38(b) and Local Rule 38–1, Plaintiff

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demands a trial by jury on all issues so triable.

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Dated: March 5, 2018

WILMER CUTLER PICKERING HALE AND
DORR LLP
By: /s/ Rebecca Girolamo
Rebecca Girolamo (SBN 293422)
Attorneys for Plaintiff
MATT FURIE

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-17COMPLAINT FOR COPYRIGHT INFRINGEMENT
Case No. _____________
18-cv-1830