You're viewing Docket Item 1 from the case ViaView, Inc. et al v. BadBoyReport.com et al. View the full docket and case details.

Download this document:




Case 2:13-cv-00665-APG-NJK Document 1 Filed 04/19/13 Page 1 of 12



Marc J. Randazza, NV Bar # 12265

Ronald D. Green, NV Bar #7360


J. Malcolm DeVoy IV, NV Bar #11950

Randazza Legal Group

6525 W. Warm Springs Road, Suite 100

Las Vegas, NV 89118

888-667-1113

305-437-7662 fax

[email protected]




Attorneys for Plaintiffs

ViaView, Incorporated, and

CheaterVille, Incorporated.







)


)
VIAVIEW, INCORPORATED, a Delaware

)
corporation; and CHEATERVILLE,


INCORPORATED, a Delaware corporation,
)

)


)

)


)

)



)
“BADBOYREPORT.COM,” an unincorporated

)
association; VERISIGN, INCORPORATED, a

)
Delaware Corporation (injunctive Defendant

only); PAYPAL, INCORPORATED, a California
)

)
Corporation (injunctive Defendant only); and

)
JOHN DOES # 1-5.

)



)

)




Defendants.

Plaintiffs,

vs.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28



UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA




Case No. _______________________

COMPLAINT


1. VIOLATION OF 15 U.S.C. § 1125(a)
2. VIOLATION OF 17 U.S.C. § 1202 (a)
3. VIOLATION OF 17 U.S.C. § 1202 (b)
4. UNJUST ENRICHMENT
5. INJUNCTIVE RELIEF


JURY TRIAL DEMANDED

COMPLAINT

For its Complaint against Defendants BadBoyReport.com, VeriSign Incorporated, PayPal
Incorporated, and John Does # 1-5, Plaintiffs ViaView, Incorporated (“ViaView”) and
CheaterVille, Incorporated (“Cheaterville”), collectively the “Plaintiffs” and individually a
“Plaintiff,” complain and allege as follows:
\\

\\



1






1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Case 2:13-cv-00665-APG-NJK Document 1 Filed 04/19/13 Page 2 of 12

I. NATURE OF ACTION

Defendant BadBoyReport.com (“BadBoyReport”) has violated, and continues to violate,





Plaintiffs’ intellectual property and common law rights. CheaterVille is an online publishing and
social networking company1 that operates the CheaterVille website. BadBoyReport has decided to
compete with CheaterVille. It does so by waiting for content to be published on CheaterVille, and



then BadBoyReport immediately copies the content from CheaterVille’s website. BadBoyReport

then republishes it on its own website. BadBoyReport initially did this by an automated process
known as “scraping.”2

To try to put an end to this conduct, CheaterVille employed technological maneuvers to

make scraping difficult or impossible. BadBoyReport changed its scraping methods each time

CheaterVille did so. Finally, when CheaterVille resorted to extreme measures, BadBoyReport

simply manually copied all of CheaterVille’s materials. Plaintiffs are left with no alternatives short

of litigation.

BadBoyReport’s conduct is conscious and deliberate, as the data it copies from

CheaterVille is displayed bearing CheaterVille’s trademarks, copyright management information,

and even Plaintiff’s original formatting. BadBoyReport not only copies all of CheaterVille’s

content, but circumvents all of CheaterVille’s anti-copying and anti-scraping measures.

BadBoyReport facilitates its unauthorized use of CheaterVille’s proprietary and licensed

intellectual property through Defendants VeriSign Incorporated (“VeriSign”) and PayPal

Incorporated (“PayPal”). BadBoyReport uses a “.com” top-level domain name provided through

VeriSign as the operator of the .com registry. With the aid of this top-level domain name,

BadBoyReport obtains its Internet traffic from the United States – all parties’ primary market.

BadBoyReport then uses PayPal to monetize this Internet traffic.


1 Cheaterville is a subsidiary of ViaView, Incorporated, which owns a number of Internet
properties
and
<slingerville.com>, respectively.

2 A computer technique, that usually uses software, to pull information from websites.

including BullyVille

at <bullyville.com>

and SlingerVille,

located




2

Complaint



Case 2:13-cv-00665-APG-NJK Document 1 Filed 04/19/13 Page 3 of 12

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Plaintiffs bring this action against the Defendants for violations of the federal Lanham and



Copyright Acts and Nevada common law to remedy BadBoyReport’s ongoing theft of its valuable


and proprietary content. CheaterVille further seeks to recover the lost revenues BadBoyReport’s



theft and misappropriation has deprived CheaterVille from earning. To accomplish this goal,

Plaintiffs seek an injunction against BadBoyReport’s operations, and for VeriSign and PayPal to be

preliminarily and permanently enjoined from supplying their services to BadBoyReport.

II. JURISDICTION

1.

This Court has subject matter jurisdiction over this case pursuant to 28 U.S.C. §§

1331 and 1338(a). This Court has supplemental jurisdiction over Plaintiffs’ state law claims under

28 U.S.C. § 1367(a).

2.

This Court has personal jurisdiction over Defendant VeriSign based upon its

conduct operating the .com top-level domain registry, which is available on the World Wide Web

and available to residents of the State of Nevada. By operating the .com registry, through which all

.com domain names are registered, VeriSign knows or reasonably foresees that its provision of

domain names will cause injury to Plaintiffs within the State of Nevada.

3.

Moreover, by operating the .com registry, VeriSign provides a service so integral to

the Internet that it is sufficient to constitute general jurisdiction within the State of Nevada.

4.

This Court has personal jurisdiction over Defendant PayPal based on its provision of

payment transmission services within the State of Nevada. PayPal holds a Money Transmitter

License from the State of Nevada Department of Business and Industry (License Number

MT11010), and reasonably foresaw that its conduct could cause harm within the State of Nevada.

Based on PayPal’s licensure by the State of Nevada’s Department of Business and Industry and

scale of contacts within Nevada, it is also subject to the Court’s general jurisdiction.

5.

This Court has personal jurisdiction over Defendant BadBoyReport under Federal

Rule of Civil Procedure 4(k)(2). On information and belief, the presently unknown operator(s) of

BadBoyReport reside within the Republic of South Korea and may therefore be sued in any United

States District Court.




3

Complaint



Case 2:13-cv-00665-APG-NJK Document 1 Filed 04/19/13 Page 4 of 12

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

BadBoyReport has sufficient contacts with the United States to make this Court’s



exercise of personal jurisdiction over the company reasonable. BadBoyReport.com has entered


into business relationships with VeriSign and PayPal, two United States-based companies, in order

6.



to conduct its business within the United States and realize revenues from its operations.

7.

According to Alexa, BadBoyReport receives more than 30% of its Internet traffic

from the United States. On information and belief, BadBoyReport receives significant revenue

from advertising and PayPal donations from this U.S.-based traffic.

8.

BadBoyReport has further directed its tortious activity into the United States by

deliberately and affirmatively copying Plaintiff’s proprietary and original content off of the

CheaterVille site and displaying it, with the unauthorized use of Plaintiff’s mark, on the

BadBoyReport website.

9.

Venue is proper in the United States District Court for the District of Nevada

pursuant to 28 U.S.C. § 1391(b) and (c), as both Plaintiffs reside within this District. Venue lies

before the unofficial Las Vegas division of this Court.

III. PARTIES

10.

Plaintiff CheaterVille is a Delaware corporation with its principal place of business

in Las Vegas, Nevada. Since February 14, 2011, it has operated the website Cheaterville.com,

acquiring trademark rights in the mark “CheaterVille” and its associated marks, and owns other

proprietary and licensed intellectual property in the CheaterVille site.

11.

Plaintiff ViaView is a Delaware corporation with its principal place of business in

Las Vegas, Nevada. ViaView is the parent company of CheaterVille, and current owner of the

CHEATERVILLE.COM mark.

12.

Defendant BadBoyReport is a foreign unincorporated association. Based upon the

registrant information available for <badboyreport.com> and upon information and belief, Plaintiff

alleges that BadBoyReport is based in the Republic of South Korea.

13.

Defendant VeriSign is a Delaware corporation with places of business in Virginia

and California. VeriSign administers and controls the registry for the .com top-level domain,

which BadBoyReport uses in the course of its unlawful conduct. VeriSign is not accused of direct




4

Complaint



Case 2:13-cv-00665-APG-NJK Document 1 Filed 04/19/13 Page 5 of 12

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28


wrongdoing and is a Defendant in this action only so that injunctive relief may be obtained.

Neither damages nor attorneys’ fees are sought against VeriSign at this time, and they are not


anticipated to be sought at any time in the future.



14.

Defendant PayPal is a California corporation with its principal place of business in

California. PayPal provides online payment processing services for third parties’ donations to

BadBoyReport and, upon information and belief, provides payment-processing services for other

revenues BadBoyReport realizes in conjunction with its site. PayPal is not accused of direct

wrongdoing and is a Defendant in this action only so that injunctive relief may be obtained.

Neither damages nor attorneys’ fees are sought against PayPal at this time, and they are not

anticipated to be sought at any time in the future.

IV. ALLEGATIONS COMMON TO ALL COUNTS

15.

CheaterVille owns and licenses all of the content found on the <cheaterville.com>

website, and operates the site. CheaterVille owns valuable common law trademark rights in the

CheaterVille mark, some of which have been licensed or transferred to its corporate parent,

ViaView.
16.

ViaView is the owner of the rights in the trademark “CHEATERVILLE.COM”,

bearing Registration Number 4,236,331 in the United States Patent and Trademark Office.

17.

Since February 2011, CheaterVille’s website has operated by allowing users to

create accounts with the service, and then create profiles for known “cheaters” – individuals who

have been involved with violating the fidelity of an exclusive relationship – with user-generated

written, visual, and audiovisual content.

18.

CheaterVille permits subjects of its reports to rebut the allegations. They may either

post a rebuttal, or they may file a defamation action against the poster. If the content is deemed to

be untrue, CheaterVille removes it.

19.

Because litigation is expensive and time-consuming, CheaterVille has agreed to

adhere to Alternative Dispute Resolution (“ADR”) finders as well as court orders. At least two

independent ADR services hear complaints from CheaterVille subjects and issue ADR orders to

CheaterVille, and CheaterVille adheres to their findings. As an added means of affording




5

Complaint



Case 2:13-cv-00665-APG-NJK Document 1 Filed 04/19/13 Page 6 of 12

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28


deference to anyone wrongly accused, CheaterVille deems an arbitration default to be sufficient

cause to remove a post.



BadBoyReport, on the other hand, steals the content and will only remove a post if it

20.



is paid $499. Even posts that have been adjudicated as false or defamatory remain up, unless the

target pays $499, which is collected through a U.S. PayPal account.

21. Members of the CheaterVille website grant CheaterVille a license to use this user-

uploaded content on its site. Neither BadBoyReport nor any other website or company has

obtained a license to use or display this user-generated content from CheaterVille.

22.

BadBoyReport copied the source code and content of more than 1,600 “cheater”

profiles from Cheaterville, retaining the formatting of the cheaters’ vital statistics, and now

displays this information on its website.

23.

BadBoyReport engaged in this wholesale copying of the content on the CheaterVille

website, commonly referred to as “scraping,” without CheaterVille’s consent. On information and

belief, BadBoyReport conducted its scraping using both automated tools and individual labor,

including the manual copying of content and formatting elements from the CheaterVille website to

be displayed upon BadBoyReport’s site.

24.

As part of scraping and republishing CheaterVille’s original and licensed content,

BadBoyReport displays images that CheaterVille’s members uploaded and licensed to the

company.

These photographs bear CheaterVille’s stylized “CV” logo, which designate

CheaterVille as the images’ source.

25.

BadBoyReport scraped CheaterVille’s original and licensed content and uses

CheaterVille’s trademarks in commerce for the purpose of attracting additional Internet traffic to its

site. This increased traffic results in proportionally greater advertising revenue for BadBoyReport.

26.

Additionally, the increased traffic BadBoyReport realizes from displaying its

unlawfully obtained content from Cheaterville and using its trademarks in commerce without

authorization leads to an increased number of removal fees, costing customers of Slander911 at

least $499, and donations third parties make to BadBoyReport through PayPal, as compared to the

donations BadBoyReport would received without using Cheaterville’s intellectual property.




6

Complaint



Case 2:13-cv-00665-APG-NJK Document 1 Filed 04/19/13 Page 7 of 12

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

27.

On information and belief, BadBoyReport keeps all of the $499 removal fee



obtained from Slander911, which is believe to have the same ownership as BadBoyReport.





First Claim for Relief: Violation of 15 U.S.C. § 1125(a)

(By Both Plaintiffs Against BadBoyReport)

28.
29.

Plaintiffs repeat and reallege all preceding paragraphs as if set forth in full herein.

Defendant BadBoyReport is using Plaintiffs’ stylized “CV” trademark in commerce,

and within the same market CheaterVille and ViaView serve with the CheaterVille website: The

public disclosure of information about individuals who cheat while in relationships.

30.

By using Plaintiffs’ stylized “CV” trademark with the knowledge that Plaintiffs

own, have used, and continue to use this trademark in the United States and around the world,

BadBoyReport has intended to cause confusion, cause mistake, or deceive consumers, and has in

fact caused actual confusion as to the Plaintiffs’ ownership of, endorsement of, or connection to

BadBoyReport.

31.

BadBoyReport is using a mark that is identical to CheaterVille’s stylized “CV”

trademark in connection with the sale, offering for sale, or advertising of services in a manner that

is likely to cause confusion, cause mistake, or deceiver consumers as to affiliation, connection, or

association with Plaintiff, or as to the origin, sponsorship, or approval of BadBoyReport’s services

or commercial activities by CheaterVille or ViaView.

32.

BadBoyReport’s use of CheaterVille’s stylized “CV” mark has created a likelihood

of confusion among consumers who may falsely believe that BadBoyReport’s infidelity-related

business and website are associated with CheaterVille and ViaView’s business or website, or that

CheaterVille or ViaView approves of or sponsors BadBoyReport’s services or commercial

activities.
33.

CheaterVille and ViaView have suffered, and will continue to suffer, monetary loss

and irreparable injury to its business, reputation and goodwill s a direct and proximate result of

Defendants’ infringement.

\\

\\




7

Complaint



Case 2:13-cv-00665-APG-NJK Document 1 Filed 04/19/13 Page 8 of 12

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28






herein.

34.

Second Claim for Relief: Violation of 17 U.S.C. § 1202(a)

(By CheaterVille Against BadBoyReport)


CheaterVille repeats and realleges all preceding paragraphs as if set forth in full

35.

BadBoyReport placed CheaterVille’s licensed content and original configurations of

that content on the BadBoyReport website with false copyright management information.

36.

Despite the information scraped by BadBoyReport being CheaterVille’s, the

BadBoyReport website proudly displays the “BadBoyReport!” logo at the top of each web page.

37.

BadBoyReport purports to be the source of this content within its “about” page,

which claims that “BadBoyReport.com is designed to help guys and gals avoiding bad dates with

cheaters and dangerous people,” and that “at BadBoyReport.com our mission is to give everyone

the opportunity to tell the world about how the cheater did them wrong.”

38.

BadBoyReport, however, intentionally copied hundreds of cheater profiles from

CheaterVille, in order to pass them off as BadBoyReport’s.

39.

BadBoyReport added its own logo and terms of service to each web page where

CheaterVille’s copied content appears in order to enable, facilitate, and conceal its infringement of

CheaterVille’s original and licensed content.

Third Claim for Relief: Violation of 17 U.S.C. § 1202(b)

(By CheaterVille Against BadBoyReport)

40.

CheaterVille repeats and realleges all preceding paragraphs as if set forth in full

herein.

41.

BadBoyReport copied hundreds of CheaterVille’s cheater profiles, which contained

original and licensed content belonging to CheaterVille, without Plaintiff’s knowledge or consent.

42.

BadBoyReport then republished these profiles – more than 1600 in total – on its

website without any mention of CheaterVille. BadBoyReport maintained CheaterVille’s

formatting of the data, but eliminated the Plaintiff’s name from the unlawfully copied content, and

further removed any mention of the terms of service governing use of CheaterVille’s content that

were available on every one of CheaterVille’s webpages.




8

Complaint



Case 2:13-cv-00665-APG-NJK Document 1 Filed 04/19/13 Page 9 of 12

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

BadBoyReport intentionally removed this information from the content it copied off



CheaterVille’s website in order to enable, facilitate, and conceal its ongoing infringement of


CheaterVille’s content.

43.



44.

By removing CheaterVille’s terms of service, and every other removable reference

to Plaintiff, BadBoyReport sought to evade CheaterVille’s detection of its unlawful acts, and

deceive Internet visitors into believing that BadBoyReport – not CheaterVille – was and is the

original source of the written and visual content they encounter on the BadBoyReport website.

Fourth Claim for Relief: Unjust Enrichment

(By Both Plaintiffs Against BadBoyReport)

45.
46.

Plaintiff repeats and realleges all preceding paragraphs as if set forth in full herein.

Plaintiff conferred a benefit upon BadBoyReport by making

its website,

CheaterVille, available to Internet visitors. Due to the Internet’s very nature, visitors including

BadBoyReport are able to download and archive data from CheaterVille for their own use.

47.

BadBoyReport used this benefit to systematically copy CheaterVille’s user-

uploaded content, complete with CheaterVille’s watermarks and original formatting, and republish

this content virtually unaltered on its website.

48.

BadBoyReport obtained valuable Internet traffic and advertising revenue from its

copying and use of CheaterVille’s original content, yet has not paid Plaintiff any royalty, licensing

fee, or other benefit for its unauthorized use of CheaterVille’s content.

49.

As BadBoyReport has earned revenue and profited from the unauthorized copying

and theft of CheaterVille’s content, allowing BadBoyReport to retain the Internet traffic and

monetary earnings it has obtained through using CheaterVille’s original content would be

inequitable.

Fifth Claim for Relief: Injunctive Relief

(By Both Plaintiffs Against BadBoyReport, VeriSign, and PayPal)

50.
51.

Plaintiffs repeat and reallege all preceding paragraphs as if set forth in full herein.

Each of the Defendants has, under its possession or control, instrumentalities of and

proceeds from its and other Defendants’ unlawful conduct, and evidence of these tortious acts.




9

Complaint



Case 2:13-cv-00665-APG-NJK Document 1 Filed 04/19/13 Page 10 of 12

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Defendant PayPal has care, custody, and control of at least one money-bearing



account owned by BadBoyReport. The funds in this account, and any other accounts


BadBoyReport maintains with PayPal, represents that Defendant’s ill-gotten gains earned from the

52.



infringement of CheaterVille’s intellectual property rights.

53.

Defendant VeriSign controls the top-level domain registry for all .com domain

names, including <badboyreport.com>. As such, VeriSign controls the principal instrument

through which BadBoyReport infringes on CheaterVille’s intellectual property rights. Moreover,

upon information and belief, VeriSign receives revenue from BadBoyReport arising from its

registration of <badboyreport.com>.

54.

Plaintiffs request that the Court issue orders freezing any and all assets and domain

names BadBoyReport holds with PayPal and Verisign, and issue further orders freezing the transfer

of any data, assets, and domain names under PayPal or VeriSign’s control pending the outcome of

this case.
55.

Plaintiffs request that the Court’s injunctive orders require the Defendants to

preserve any evidence in their possession concerning any instrumentalities of BadBoyReport’s

infringement, and not permit any Defendant to alter, delete, modify, remove, move to another

server, or remove the registrar of, any of BadBoyReport’s website or Internet services.

56.

Plaintiffs seek no monetary relief from PayPal or Verisign. Nor do Plaintiffs

directly accuse these Defendants of wrongdoing. Plaintiffs have named PayPal and VeriSign as

defendants in order for this Court to exercise injunctive relief over them.

V. JURY TRIAL DEMANDED

Plaintiffs demand a jury trial on all claims.

VI. REQUEST FOR RELIEF

Plaintiffs respectfully request relief as follows:

1.

The Court enter an order finding that Defendant BadBoyReport willfully violated

Plaintiffs’ trademark rights;




10

Complaint



Case 2:13-cv-00665-APG-NJK Document 1 Filed 04/19/13 Page 11 of 12

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

The Court enter an order finding that BadBoyReport knowingly provided false



copyright management information upon CheaterVille’s content with the intent to conceal and


facilitate infringement under 17 U.S.C. § 1202(a);

2.



3.

The Court enter an order finding that BadBoyReport knowingly and intentionally

removed CheaterVille’s copyright management information from the content BadBoyReport

copied and re-distributed from the CheaterVille website, with the intent to conceal and facilitate

infringement under 17 U.S.C. § 1202(b);

4.

The Court enter an order finding that BadBoyReport unjustly profited from the

benefits Plaintiffs conferred upon it;

5.

The Court enter a preliminary and final order directing VeriSign to pace a registry

lock on <badboyreport.com> and any other domain names controlled by BadBoyReport pending

the outcome of this case;

6.

The Court enter a preliminary and final order directing PayPal to freeze all assets

and funds it holds or acquires in any account of BadBoyReport, pending the outcome of this case;

7.

The Court enter an order directing BadBoyReport to pay damages to Plaintiffs

including:

a.

An award of compensatory, consequential, and punitive damages against

BadBoyReport.com in an amount to be proven at trial;

b.

Statutory Damages of $25,000 per violation of 17 U.S.C. § 1202 as provided

under 17 U.S.C. § 1203(c)(3)(B), for a total of $40,000,000;

c.

An award of Plaintiff’s attorneys’ fees and costs in prosecuting this action

pursuant to 15 U.S.C. § 1117 and 17 U.S.C. § 505; and

\\

\\

\\

\\

\\

\\




11

Complaint



Case 2:13-cv-00665-APG-NJK Document 1 Filed 04/19/13 Page 12 of 12

The Court grant to Plaintiffs whatever further relief it deems necessary and















Respectfully submitted,





/s/ Ronald D. Green
Marc J. Randazza, NV Bar # 12265
Ronald D. Green, NV Bar #7360
J. Malcolm DeVoy IV, NV Bar #11950
Randazza Legal Group
6525 W. Warm Springs Road, Suite 100
Las Vegas, NV 89118
888-667-1113
305-437-7662 fax
[email protected]

12

Complaint



1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

8.



appropriate.




Dated: April 19, 2013