i a e@ “Mare Toberoff (CA State Bar No. 188537) Rafael Gomez-Cabrera (CA State Bur No. 29744) Jefftey B. Linden (CA State Bar No. 224761) Nicholas C, Williamson (Ca State Bar No. 231124) UAW OFFICES OF MARC TOBEROFF, PLC 1999 Avenue ofthe Stars, Suite 1540 Los Angeles, CA 90067 Telephone: (310) 246-3333, Facsimile: (310) 246-3101 Aomeys for Pais oan Slegel and Latta Siegel Larson UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA JOANNE SIEGEL, an individuals and | Civil CaseNo.__ vad LAURA SIEGEL LARSON, an individual, . Piainiff, COMPLAINT FOR: | DUDECLARATORY RELIEF RE: = TERMINATION, 17 US.C5304(), [2] DECLARATORY RELIEF RE WARNER BROS, ENTERTAINMENT PROFITS; INC. corporation, TIME WARNER INC, | [3] DECLARATORY RELIEF RE deomoration DECOMICS INC,a | USEOF"S” CREST; | corporation; and DOES 1-10, | (4) ACCOUNTING FoR Prost; {s] WASTE OF JOINTLY OWNED Defendants COPYRIGHTS; {6] VIOLATION OF LANHAM ACT 1SUSC.§1125, (7) VIOLATION OF CALIFORNIA BUSINESS AND PROFESSICNAL CODE §§ 17200 ET SEO. DEMAND FOR JURY TRIA Plaintiffs JOANNE SIEGEL and LAURA SIEGEL LARSON (hereinafter the +Pleinsiffs", by and through their atomey of record, hereby allege as follows: RISDICTION AND VEN ay 1. This is acivil action seeking declaratory relief, accounting for profits, remedies fr violations of the Lanham Act and violations of California unfair competition laws and Coan for Deciory Ree, Accounting, Laahams AS Visors asd Usk Competione ® 1 related claims arising out of Plaintiff" termination of prior grants of copyright in and to the ‘original character and work known as “Superman” and subsequent "Superman" works 3] pursuant tothe United States Copyright Act of 1976, 17 U.S.C. § 304(c), and defendants’ 44 itll misconduct with respect thereto. ‘This Court has subject matter jurisdiction over the claims st forth inthis 6 || Complaint pursuant tothe United States Copyright Act (hereinafter, the “Copyright Act"), 17 aiuse. $101 et al. and 28 U.S.C. §§ 1331, 1338(a) and 1332 8 3. This Court has supplemental jrisdietion ove the related tate claims herein in 4] hat these claims form part ofthe same case and contoversy asthe federal clin hein. 10 44. This Court has persona jurisdiction over the defendants in that defendants are 11 | regulary doing busines inthe State of California an in this Dist, and because a 12] sebsanial par ofthe relevant act complained of herein occured in the State of California 13]] and this Disc. 4 5. Venue is proper in the United States District Court forthe Cental Dstriet of 1|| catfomia pursuant 028 U.S.C. §§ 1391() and (e and 1400(0. 18) PARTIES 7 6. Plainiff JOANNE SIEGEL (hereinafter “Joanne Siegel" isan individual and 18} |iizen of and cesides in the State of California inthe County of Los Angeles, nds and a all 19] mes has been a citizen ofthe United States, Joanne Siege isthe widow of famedcomic 20]) book crestor Jerome (ake, “Jer Siege. a 7, Plaintiff LAURA SIEGEL LARSON (hereinafter “Laura Siegel” isan 22) individual and a citizen of and resides inthe State of California, in the County of Los Angeles, 23] andi and at ll ies hasbeen a citizen ofthe United States. Laura Siogel isthe daghier of | 24|]serome Sieset as 8, Plaintfs are informed and believe and based thereon allege that defendant 26|] WARNER BROS, ENTERTAINMENT INC. (herenafer “Warner Bros") is acomoration 27] organized and exiting under the laws ofthe State of Delaware, which has is prne pal pace 208 2 Capa os Desnatony Rel Aouating, Laxbam Art Viton ad Una Conpeison® & ot business in Los Angeles County, Califomia. Warer Bros. isa wholly owned susidary of Defendant TIME WARNER INC. 9, Plants are informed and believe and based thereon allege that Defendant DC LCOMMCS INC. hersnater“DC") is corporation organized and existing under the laws of the State of New York, which as its principal place of business inthe State of New York: and ‘hat DC regulary conducts significant busines in he State of Califoia and inthe County of Los Angeles. DC is also a wholly owned subsidiary of fendant Warner Bros. 10. Pais re informed and believe and based thereon allege that on or about eptember 30, 1946, the New York corporations, Detective Comies, In, Supermaa, In. All American Comics, Ine, Jolaine Publications, Ine, Wonderwoman Publishing, Inc, Hop Hasrigan Enterprise nc, Gainle Publishing Co, Ine, IR, Publishing Co, ne, Worlds Best Comics, ne. and Trafalgar Printing Co, Ine were consolidated ito the New York cerporation National Comics Publications, ine. the name of which was later changed to National Periods! Publications, Ine, and eventually DC Commies, Ie nd fart that DC, Wamer Bros. nd Time Warmer, andor each of hem, ae the alleged succesto()}n-ineest to National Peciodial Publications, In 11, Pie are informed and believe and based thereon allege that Defendant FTIME WARNER INC. (hereinafter “Time Warr’ i corporation organized and exiting under the lnvs ofthe State of Dewar, which has its comporate headquarters in the State of the State ‘New York, and that Time Wamer regularly conducts sgntiant ongoing busine of California and in the County of Los Angeles. Time Wameris the parent compaty ofboth Warmer Bros and DC. (Time Wamer, Wamer Bros. and DC are sometimes cllecively refered to hereinafter asthe “Defendants” and each reference to Defendants shall also refer 1» each Defenday 269 12, Plaintiffs are informed and believe and based thereon allege that Defendant DC never, or rarely, exploits “Superman,” independently ofits controlling parent company, ‘Warmer Bros; that even celatively linear functions such as “Superman” licensing are not hendled directly by DC, but are exploited exclusively rough Wamer Bros.; thatthe 3 Cop for Desaraty Ral, Asvounig, [asl At Violations 25d Uni Compeion