Black Keys Sue Home Depot and Pizza Hut Over Songs in Ads

Case 2:12-cv-05386-RSWL-RZ Document 1
Filed 06/21/12 Page 1 of 16 Page ID #:4
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Mitchell Silberberg & Knupp LLP
RUSSELL J. FRACKMAN (SBN 49087) msk.com STINE LEPERA (pro hac vice motion forthcoming) msk.com STINA E. DJORDJEVICH (SBN 262721) msk.com HELL SILBERBERG & KNUPP LLP 11377 West Olympic Boulevard Los Angeles, California 90064-1683 Telephone: (310) 312-2000 Facsimile: (310) 312-3100 Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA DANIEL AUERBACH and PATRICK CARNEY (collectively and p rofessionally known as "THE BLACK YS"); TFM BLACK KEYS PARTNERSHIP d/b/a MCMOORE MCLESST PUBLISHING; and BRIAN BURTON p/k/a DANGER MOUSE individually and d/b/a SWEET SCIENCE, Plaintiffs,
V.
CASE
p 12-5386
COMPLAINT FOR COPYRIGHT INFRINGEMENT DEMAND FOR JURY TRIAL
THE HOME DEPOT, INC., a Delaware corporation; and DOES 1 10, inclusive, Defendants.
Plaintiffs Daniel Auerbach ("Auerbach") and Patrick Carney ("Carney") (collectively and professionally known as "The Black Keys"), Plaintiff The Black Keys Partnership d/b/a McMoore McLesst Publishing and Plaintiff Brian Burton p/k/a Danger Mouse d/b/a Sweet Science ("Burton") (collectively, "Plaintiffs") aver as follows:
COMPLAINT FOR COPYRIGHT INFRINGEMENT
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PRELIMINARY STATEMENT I. Plaintiffs bring this action seeking to put an immediate stop to, and to
obtain redress for, Defendants' blatant and purposeful infringement of the copyright in Plaintiffs' musical composition entitled "Lonely Boy." 2. Plaintiffs are hugely successful musical artists and songwriters.
Plaintiffs Auerbach and Carney comprise the Grammy Award-winning, critically acclaimed musical duo "The Black Keys," whose most recent album "El Camino" debuted at Number 2 on the Billboard 200 Chart, has been certified Gold and has sold more than 800,000 units. Plaintiff Burton, professionally known as "Danger Mouse," is also a lauded musical artist, songwriter and producer. Burton formed the enormously popular duo "Gnarls Barkley" and was named "Producer of the Year" at the Grammy Awards in 2011. "Lonely Boy", which was co-written by the Plaintiffs, is the lead single from the album "El Camino." 3. Recognizing Plaintiffs' popularity, talent and goodwill, and in a
brazen and improper effort to capitalize on Plaintiffs' hard-earned success, Defendants have created and publicized (or caused to be created and publicized) a commercial advertisement for "Ryobi" brand power tools which prominently features significant portions of Plaintiffs' musical composition "Lonely Boy" without authorization from Plaintiffs. Defendants' infringing commercial advertisement can be viewed at http://www.youtube.com/watch?v=btTEaFJV8hQ. 4. Defendants' conduct is causing, and unless immediately enjoined will
continue to cause, enormous and irreparable harm to Plaintiffs. Defendants may not continue to exploit Plaintiffs' musical composition without authorization in order to advertise products to the public. Defendants' conduct must immediately be stopped and Plaintiffs must be compensated for Defendants' willful acts of infringement.
2 COMPLAINT FOR COPYRIGHT INFRINGEMENT
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JURISDICTION AND VENUE
5.
This is a civil action seeking damages and injunctive relief for
copyright infringement under the Copyright Act of the United States, 17 U.S.C. 101, et seq. 6. This Court has subject matter jurisdiction over this action pursuant to
28 U.S.C. 1331 and 1338(a). 7. This Court has personal jurisdiction over Defendants because, among
other things, Defendants are doing business in the State of California and in this judicial district, the acts of infringement complained of herein occurred in the State of California and in this judicial district, and Defendants have caused injury to Plaintiffs and their intellectual property in the State of California and in this judicial district. 8. Venue is proper in this district pursuant to 28 U.S.C. 1391(b) and
(c), and/or 1400(a).

THE PARTIES
9.
Plaintiff Auerbach is a musical artist and a songwriter, a co-author of
the musical composition entitled "Lonely Boy," and a legal and/or beneficial owner of a copyright interest in and to that musical composition. 10. Plaintiff Carney is a musical artist and a songwriter, a co-author of the
musical composition entitled "Lonely Boy," and a legal and/or beneficial owner of a copyright interest in and to that musical composition. 11. Plaintiff The Black Keys Partnership d/b/a McMoore McLesst
Publishing is a copyright owner and claimant in and to the musical composition "Lonely Boy." 12. Plaintiff Burton, individually and d/b/a Sweet Science, is a musical
artist, songwriter and producer, a co-author of the musical composition entitled "Lonely Boy," and a legal and/or beneficial owner of a copyright interest in and to that musical composition.
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13.
Defendant The Home Depot, Inc. ("Home Depot"), is a corporation
organized and existing under the laws of the State of Delaware, with its principal place of business in Atlanta, Georgia. Home Depot does business throughout the United States, including in this judicial district. Home Depot is engaged in the business of, among other things, advertising, marketing and selling home improvement products. 14. The true names and capacities, whether individual, corporate,
associate, or otherwise, of defendants sued herein as Does 1 through 10, inclusive, are unknown to Plaintiffs, who therefore sue said defendants by such fictitious names (the "Doe Defendants"). Plaintiffs will seek leave of Court to amend this complaint to state their true names and capacities when they have been ascertained. Plaintiffs are informed and believe, and on that basis aver, that the Doe Defendants are liable to Plaintiffs as a result of their participation in all or some of the acts hereinafter set forth. Home Depot and the Doe Defendants are referred to collectively herein as "Defendants." 15. Plaintiffs are informed and believe, and on that basis aver, that, at all
times mentioned in this complaint, each of the Defendants was the agent and/or alter ego of each of the other Defendants and, in doing the things alleged in this complaint, was acting within the course and scope of such agency.
GENERAL AVERMENTS
16.
Plaintiffs are the co-authors of the music and lyrics to the original
musical composition "Lonely Boy." Plaintiffs own the rights and title to the copyright in the composition "Lonely Boy" (the "Infringed Composition") as authors and through their publishing entities McMoore McLesst Publishing and Sweet Science. 17. Plaintiffs filed an application for copyright registration with the
United States Copyright Office for the musical composition "Lonely Boy" on December 9, 2011, and are awaiting the issuance of a registration. A true and
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correct copy of Plaintiffs' application for copyright registration is annexed hereto as Exhibit A. 18. "Lonely Boy" was recorded by The Black Keys in 2011, and was
released in October 2011 as the lead single from The Black Keys' seventh album entitled "El Camino," which album was subsequently released to the public in December 2011 by Nonesuch Records, a division of the Warner Music Group. 19. In or around May 2012, it came to Plaintiffs' attention that Defendants
and/or their agents reproduced, distributed, and/or publicly performed (and/or caused to be reproduced, distributed, and/or publicly performed) a substantial portion of the Infringed Composition without Plaintiffs' authorization in a commercial advertisement for "Ryobi" power tools, which can be viewed at http://www.youtube.com/watch?v=btTEaRTV8hQ (the "Infringing Advertisement"). 20. Defendants do not have any license, authorization, permission or
consent to use the Infringed Composition. 21. In fact, on May 22, 2012, through The Black Keys' exclusive
publishing administrator Wixen Music Publishing, Inc., located in California, Plaintiffs provided written notice to Defendant Home Depot that the Infringing Advertisement constitutes infringement of Plaintiffs' rights and demanded that Defendant Home Depot immediately cease and desist from any further use of the Infringed Composition. Nevertheless, Defendants continue to willfully, intentionally and purposefully use and exploit the Infringed Composition for their own financial benefit with full knowledge that such use constitutes infringement of, and is in disregard of, Plaintiffs' rights.
COUNT!
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COPYRIGHT INFRINGEMENT (17 U.S.C. 106 and 501) (By Plaintiffs Against Defendants)
22.
Plaintiffs incorporate herein by this reference each and every
averment contained in paragraphs 1 through 21, inclusive. 23. Through their conduct averred herein, Defendants have infringed
Plaintiffs' copyright in the Infringed Composition in violation of Sections 106 and 501 of the Copyright Act, 17 U.S.C. 106 and 501. 24. 25. Defendants' acts of infringement are willful, intentional and
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purposeful, in disregard of and with indifference to Plaintiffs' rights. As a direct and proximate result of said infringement by Defendants,
Plaintiffs are entitled to damages in an amount to be proven at trial. 26. Plaintiffs are also entitled to Defendants' profits attributable to the
infringement, pursuant to 17 U.S.C. 504(b), including an accounting of and a constructive trust with respect to such profits. 27. Plaintiffs further are entitled to their attorneys' fees and full costs
pursuant to 17 U.S.C. 505 and otherwise according to law. 28. As a direct and proximate result of the foregoing acts and conduct,
Plaintiffs have sustained and will continue to sustain substantial, immediate, and irreparable injury, for which there is no adequate remedy at law. Plaintiffs are informed and believe and on that basis aver that unless enjoined and restrained by this Court, Defendants will continue to infringe Plaintiffs' rights in the Infringed Composition. Plaintiffs are entitled to preliminary and permanent injunctive relief to restrain and enjoin Defendants' continuing infringing conduct.
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WHEREFORE, Plaintiffs pray for judgment against Defendants, and each of them, jointly and severally, as follows: 1. For damages in such amount as may be found, or as otherwise
permitted by law. 2. For an accounting of, and the imposition of constructive trust with
respect to, Defendants' profits attributable to their infringements of Plaintiffs' copyright in the Infringed Composition. 3. For a preliminary and permanent injunction prohibiting Defendants,
and their respective agents, servants, employees, officers, successors, licensees and assigns, and all persons acting in concert or participation with each or any of them, from continuing to infringe Plaintiffs' copyright in the Infringed Composition. 4. 5. 6. proper. RUSSELL J. FRACKMAN CHRISTINE LEPERA (pro hac vice motion forthcoming) CHRISTINA E. DJORDJEVICH MITCHELL SILBERBERG & KNUPP LLP For prejudgment interest according to law. For Plaintiffs' attorneys' fees, costs, and disbursements in this action. For such other and further relief as the Court may deem just and
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By:
Russell J. Frackian Attorneys for Plaintiffs
3iatiati
DEMAND FOR JURY TRIAL Plaintiffs demand a trial by jury. Date: June 21, 2012
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RUSSELL J. FRACKMAN CHRISTINE LEPERA (pro hac vice motion forthcoming) CHRISTINA E. DJORDJEVICH MITCHELL SILBERBERG & KNUPP LLP
By:
Russell J. Frac t* I an Attorneys for Plaintiffs
auttimon
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EXHIBIT A
'-APPLICATION-*
Title
Title of Work: El Camino Contents Titles: Run Right Back Dead And Gone Money Maker Mind Eraser Nova Baby Lonely Boy Sister Gold On The Ceiling Stop Stop fell Of A Season Little Black Submarines
Completion/Publication
Year of Completion: 2011 Date of 1st Publication: December 6, 2011
Nation of 1st Publication: United States
Author
Author:
Dan Auerbach
music, lyrics Domiciled in: United States
Author Created:
Citizen of: United States
Author:
Patrick Carney
Author Created: music, lyrics Citizen of: United States Domiciled in: United States
Page 1 of 2
Exhibit A
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whom Brian Burton Author Created: music, lyrics Citizen of: United States Domiciled in: United States
Copyright claimant
Copyright Claimant: McMoore McLesst Publishing 11025 Park Sorrento, Suite 130, Calabasas, CA, 91302, Yemen l'ransfer Statement: By written agreement Copyright Claimant: Sweet Science PO Box 340020, Nashville, TN, 37203, United States Transfer Statement: By written agreement
Certification
Name: Randall Wixen Date: December 9, 2011
Pige 2 of 2
Exhibit A
1N--e g -11T-
Registration #: lervice Request #: I -696593:381 Priority: Routine Application Date: December 9, 2011 11:01:59 AM
Correspondent
Organization Name: Wixen Music Publishing, Inc. Name: Jennifer Suomi Email: jsuomi@wixenmusic.com Xddress: 24025 Park Sorrento Suite 130 Calabasas, CA 91302 United States
Mail Certificate
Wixen Music Publishing, Inc. Jennifer Suomi 24025 Park Sorrento Suite 130 Calabasas, CA 91302 United States
Exhibit A
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY
This case has been assigned to District Judge Ronald S. W. Lew and the assigned discovery Magistrate Judge is Ralph Zarefsky. The case number on all documents filed with the Court should read as follows:
CV12
-
5386 RSWL (RZx)
Pursuant to General Order 05-07 of the United States District Court for the Central District of California, the Magistrate Judge has been designated to hear discovery related motions.
All discovery related motions should be noticed on the calendar of the Magistrate Judge
NOTICE TO COUNSEL A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is filed, a copy of this notice must be served on all plaintiffs). Subsequent documents must be filed at the following location: [X] Western Division 312 N. Spring St., Rm. G-8 Los Angeles, CA 90012
Southern Division 411 West Fourth St., Rm. 1-053 Santa Ana, CA 92701-4516
Eastern Division 3470 Twelfth St., Rm. 134 Riverside, CA 92501
Failure to file at the proper location will result in your documents being returned to you.
CV-18 (03/06)
Russell J. 2:12-cv-05386-RSWL-RZ Document 1 Filed 06/21/12 Page 14 of 16 Page ID #:17 Case Frackman (SBN 4908p- rjf@msk.com Christine Lepera (pro hac vice rron forthcoming) ctl@msk.com Christina E. Djordjevich (SBN 262721) cyd@msk.com MITCHELL SILBERBERG & KNUPP LLP 11377 West Olympic Blvd. Los Angeles, CA 90064-1683 Tel. (310) 312-2000; Fax (310) 312-3100 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA DANIEL AUERBACH and PATRICK CARNEY CASE NUMBER (collectively and professionally known as "THE BLACK KEYS"); THE BLACK KEYS PARTNERSHIP d/b/a MCMOORE MCLESST PUBLISHING; and BRIAN BURTON p/k/a DANGER MOUSE individually and d/b/a SWEET SCIENCE,
PLAINTIFF(S)
v. THE HOME DEPOT, INC., a Delaware corporation; and DOES 1 10, inclusive,
DEFENDANT(S).
C1112-5386-fs
SUMMONS
TO: DEFENDANT(S): A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it), you must serve on the plaintiff an answer to the attached Z complaint 111 amended complaint El counterclaim cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff's attorney, Russell J. Frackman, whose address is MITCHELL SILBERBERG & KNUPP, 11377 West Olympic Blvd., Los Angeles, California 90064-1683. If you fail to do so, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. "NJ! MCC Dated:
JUN 2
2012
By:
Deputi Clerk
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(Seal of the Court)
[Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States. Allowed 60 days by Rule 12(a)(3)].
CV-01A (10/11
SUMMONS
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Case 2:12-cv-05386-RSWL-RZ Document 1COVER SHEET Filed 06/21/12 Page 15 of 16 Page ID #:18 CIVIL
I (a) PLAINTIFFS (Check box if you are representing yourself
UNITED STATES DISTRICT COURT, CENTRAL DISTRI

DEFENDANTS
OF CALIFORNIA
0) Daniel Auerbach; Patrick Carney; The Black Keys Partnership d/b/a McMoore McLesst Publishing; Brian Burton p/k/a Danger Mouse individually and d/b/a Sweet Science
The Home Depot, Inc., a Delaware corporation; and Does 1 - 10, inclusive
(b) Attorneys (Firm Name, Address and Telephone Number. If you are representing
yourself, provide same.)
Attorneys (If Known)
Russell J. Frackman Christine Lepera Christina E. Djordjevich Mitchell Silberberg & Knapp LLP 11377 W. Olympic Blvd., Los Angeles, CA 90064-1683 Tel. (310) 312-2000; Fax (310) 312-3100
II. BASIS OF JURISDICTION (Place an X in one box only.)
III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only

(Place an X in one box for plaintiff and one for defendant.)
1 U.S. Government Plaintiff
Z 3 Federal Question (U.S. Government Not a Party
PTF DEF
Citizen of This State Citizen of Another State Citizen or Subject of a Foreign Country 0
PTF DEF
Incorporated or Principal Place of Business in this State Incorporated and Principal Place of Business in Another State Foreign Nation
1 0
0 4 0 zi 05 05 06 D
0 2 U.S. Government Defendant 0 4 Diversity (Indicate Citizenship

of Parties in Item III)
02 02 03 03
IV. ORIGIN (Place an X in one box only.)

Z 1 Original Proceeding
0 2 Removed from 0 3 Remanded from 0 4 Reinstated or

State Court Appellate Court Reopened
o 5 Transferred from ancther district (specify):

Z MONEY DEMANDED IN COMPLAINT: S
0 6 MultiDistrict Litigation
0 7 Appeal to Distric
Judge from Magistrate Judge
V. REQUESTED IN COMPLAINT: JURY DEMAND: CLASS ACTION under F.R.C.P. 23:0 Yes Z No
Yes
0 No (Check 'Yes' only if demanded in complaint.)
VI. CAUSE OF ACTION (Cite the U. S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)
Copyright infringement under 17 U.S.C. 106 and 501 based on Defendants' unauthorized use of Plaintiffs' composition.
VII. NATURE OF SUIT Place an X in one box only. OTHER STATUTES
400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce/ICC Rates/etc. 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Act 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Info. Act 900 Appeal of Fee Deterrnination Under Equal Access to Justice 950 Constitutionality of State Statutes
)
CONTRACT,
110 Insurance 120 Marine 130 Miller Act 11 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loan (Excl. Veterans) 153 Recovery of Overpayment of Veteran's Benefits 160 Stockholders' Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY
TORTS
PERSONAL INJURY '. 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Fed. Employers' Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal InjuryMed Malpractice 365 Personal I nju ryProduct Liability 368 Asbestos Personal Injury Product Liability IMMIGRATION 462 Na tur ali zat i on Application 463 Habeas CorpusAlien Detainee 465 Other Immigration tions
GOP
IIII

510 Motions to Vacate Sentence Habeas Corpus 371 Truth in Lending 530 General 380 Other Personal Property Damage 535 Death Penalty 385 Property Damage 540 Mandamus/ Product Liability Other BANKRUPTCY 550 Civil Rights 22 Appeal 28 USC 555 Prison Condition 158 FORFEITURE/ 423 Withdrawal 28 PENALTY USC 157 610 Agriculture CIVII RIGHTS 620 Other Food & 441 Voting Drug 442 Employment 625 Drug Related 443 Housing/Acco. Seizure of 370 Other Fraud mmodations 444 Welfare 445 American with Disabilities Employment 446 American with Disa bili ti es Other 440 Other Civil Rights Property 21 USC 881 630 Liquor Laws 640 R.R.& Truck 650 Airline Regs 660 Occupational Safety /Health 690 Other
TORTS PERSONAL PROPERTY .
. PRISONER
PETITIONS
LABOR ' 710 Fair Labor Standard: Act 720 Labor/Mgmt. Relations 730 Labor/Mgmt. Reporting & Disclosure Act 740 Railway Labor Act 790 Other Labor Litigation 791 Empl. Ret Inc. Security Act PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark SOCIAL SECURITY 61 HIA(1395f0 862 Black Lung (923) 863 DIWC/DIWW 405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRS-Third Party 26 USC 7609
II
210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property 1,
FOR OFFICE USE ONLY:

CV-71 (05/08)
Case Number:
AFTER COMPLETING THE FRONT SIDE OF FORM CV-71, COMPLETE THE INFORMATION REQUESTED BELOW. CIVIL COVER SHEET
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VIII(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? If yes, list case number(s): VIII(b). RELATED CASES: Have any cases been previously filed inthis court that are related to the present case? Z No 0 Yes If yes, list case number(s): Civil cases are deemed related if a previously filed case and the present case: (Check all boxes that apply) 0 A. Arise from the same or closely related transactions, happenings, or events; or 0 B. Call for determination of the same or substantially related or similar questions of law and fact; or 0 C. For other reasons would entail substantial duplication of labor if heard by different judges; or 0 D. Involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c also is present. IX. VENUE: (When completing the following information, use an additional sheet if necessary.) (a) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named plaintiff resides. 0 Check here if the government, its agencies or employees is a named plaintiff. If this box is checked, go to item (b). County in this District:* Califomia County outside of this District; State, if other than California; or Foreign Country
UNITED STATES DISTRICT COURT, CENTRAL DISTRItT OF CALIFORNIA
CEI No 0 Yes
' Plaintiff Brian Burton resides in Los Angeles County

(b)
Plaintiff Daniel Auerbach resides in Tennessee Plaintiff Patrick Carney resides in Tennessee Plaintiff The Black Keys Partnership resides in Tennessee
EACH named defendant resides.
List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which Check here if the government, its agencies or employees is a named defendant. If this box is checked, go to item (c).
County in this District:*
California County outside of this District; State, if other than California; or Foreign Country
Defendant Home Depot, Inc. resides in Los Angeles County

(c) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arose. Note: In land condemnation cases, use the location of the tract of land involved. County in this District:* California County outside of this District; State, if other than California; or Foreign Country
Los Angeles County

* Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo Counties Note: In land condemnation cases, use the location of ct of land i olved X. SIGNATURE OF ATTORNEY (OR PRO PER): MI Date
June 21, 2012
Notice to Counsel/Parties: The CV-71 (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. This form, approved by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3 -1 is not filed but is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instructions sheet.) Key to Statistical codes relating to Social Security Cases: Nature of Suit Code Abbreviation Substantive Statement of Cause of Action
861
HIA
All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program. (42 U.S.C. 1935FF(b)) All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 U.S.C. 923) All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amended; plus all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405(g)) All claims filed for widows orwidowers insurance benefits based on disability under Title 2 ofthe Social Security Act, as amended. (42 U.S.C. 405(g)) All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, as amended. All claims for retirement (old age) ard survivors benefits under Title 2 of the Social Security Act, as amended. (42 U.S.C. (g)) CIVIL COVER SHEET Page 2 of:
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CV-7I (05/08)
Case 2:12-cv-05385-ODW-JC Document 1
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RUSSELL J. FRACKMAN (SBN 49087) r. f msk.com STINE LEPERA (pro hac vice motion forthcomingi ctl msk.com CH1JSTINA E. DJORDJEVICH (SBN 262721) cyd msk.com MITCHELL SILBERBERG & KNUPP LLP 11377 West Olympic Boulevard Los Angeles, California 90064-1683 Telephone: (310) 312-2000 Facsimile: (310) 312-3100 Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA DANIEL AUERBACH and PATRICK CARNEY (collectively and rofessionally known as "THE BLACK YS"); TFffi BLACK KEYS PARTNERSHIP d/b/a MCMOORE MCLESST PUBLISHING; and BRIAN BURTON p/k/a DANGER MOUSE individually and d/b/a SWEET SCIENCE, Plaintiffs,
V.
COMPLAINT FOR COPYRIGHT INFRINGEMENT DEMAND FOR JURY TRIAL
PIZZA HUT, INC., a Delaware corporation; 30TH CENTURY MASTERS LLC, a Virginia limited liability company; THE MARTIN AGENCY, INC., a Virginia corporation; THE INTERPUBLIC GROUP OF COMPANIES, INC., a Delaware corporation; and DOES 1 10, inclusive, Defendants.
Plaintiffs Daniel Auerbach ("Auerbach") and Patrick Carney ("Carney") (collectively and professionally known as "The Black Keys"), Plaintiff The Black Keys Partnership d/b/a McMoore McLesst Publishing and Plaintiff Brian Burton
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p/k/a Danger Mouse d/b/a Sweet Science ("Burton") (collectively, "Plaintiffs") aver as follows:
PRELIMINARY STATEMENT 1. Plaintiffs bring this action seeking to put an immediate stop to, and to
obtain redress for, Defendants' blatant and purposeful infringement of the copyright in Plaintiffs' musical composition entitled "Gold On The Ceiling." 2. Plaintiffs are hugely successful musical artists and songwriters.
Plaintiffs Auerbach and Carney comprise the Grammy Award-winning, critically acclaimed musical duo "The Black Keys," whose most recent album "El Camino" debuted at Number 2 on the Billboard 200 Chart, has been certified Gold and has sold more than 800,000 units. Plaintiff Burton, professionally known as "Danger Mouse," is also a lauded musical artist, songwriter and producer. Burton formed the enormously popular duo "Gnarls Barkley" and was named "Producer of the Year" at the Grammy Awards in 2011. "Gold On The Ceiling," which was cowritten by the Plaintiffs, was released as the second single from the album "El Camino." 3. Recognizing Plaintiffs' popularity, talent and goodwill, and in a
brazen and improper effort to capitalize on Plaintiffs' hard-earned success, Defendants have created and publicized (or caused to be created and publicized) a commercial advertisement for "Cheesy Bites Pizza" which prominently features significant portions of Plaintiffs' musical composition "Gold On The Ceiling" without authorization from Plaintiffs. Defendants' infringing commercial advertisement can be viewed at http://www.youtube.com/watch?v=YkaGEgjWdNI. 4. Defendants' conduct is causing, and unless immediately enjoined will
continue to cause, enormous and irreparable harm to Plaintiffs. Defendants may not continue to exploit Plaintiffs' musical composition without authorization in
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order to advertise products to the public. Defendants' conduct must immediately be stopped and Plaintiffs must be compensated for Defendants' willful acts of infringement. JURISDICTION AND VENUE 5. This is a civil action seeking damages and injunctive relief for copyright infringement under the Copyright Act of the United States, 17 U.S.C. 101, et seq. 6. This Court has subject matter jurisdiction over this copyright
infringement action pursuant to 28 U.S.C. 1331 and 1338(a). 7. This Court has personal jurisdiction over Defendants because, among
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other things, Defendants are doing business in the State of California and in this judicial district, the acts of infringement complained of herein occurred in the State of California and in this judicial district, and Defendants have caused injury to Plaintiffs and their intellectual property within the State of California and in this judicial district. 8. Venue is proper in this district pursuant to 28 U.S.C. 1391(b) and
(c), and/or 1400(a). THE PARTIES 9. Plaintiff Auerbach is a musical artist and a songwriter, a co-author of the musical composition entitled "Gold On The Ceiling," and a legal and/or beneficial owner of a copyright interest in and to that musical composition. 10. Plaintiff Carney is a musical artist and a songwriter, a co-author of the
musical composition entitled "Gold On The Ceiling," and a legal and/or beneficial owner of a copyright interest in and to that musical composition. 11. Plaintiff The Black Keys Partnership d/b/a McMoore McLesst
Publishing is a copyright owner and claimant in and to the musical composition "Gold On The Ceiling."
6089.1/42943-00000
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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
12.
Plaintiff Burton, individually and d/b/a Sweet Science, is a musical
artist, songwriter and producer, a co-author of the musical composition entitled "Gold On The Ceiling," and a legal and/or beneficial owner of a copyright interest in and to that musical composition. 13. Defendant Pizza Hut, Inc. ("Pizza Hut"), is a corporation organized
and existing under the laws of the State of Delaware, with its principal place of business in Plano, Texas. Pizza Hut does business throughout the United States, including in this judicial district. Pizza Hut is engaged in the business of, among other things, advertising, marketing and selling pizza and other food items. 14. Defendant 30th Century Masters LLC ("30th Century Masters") is a
limited liability company organized and existing under the laws of the State of Virginia, with its principal place of business in Richmond, Virginia. 30th Century Masters is engaged in the business of, among other things, composing musical compositions in connection with commercial advertisements. 15. Defendant The Martin Agency, Inc. ("The Martin Agency"), is a
corporation organized and existing under the laws of the State of Virginia, with its principal place of business in Richmond, Virginia. The Martin Agency is an advertising agency. 16. Defendant The Interpublic Group of Companies, Inc. ("The
Interpublic Group of Companies"), is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business in New York, New York. The Interpublic Group of Companies is engaged in the business of, among other things, providing advertising and marketing services. 17. The true names and capacities, whether individual, corporate,
associate, or otherwise, of defendants sued herein as Does 1 through 10, are unknown to Plaintiffs, who therefore sue said defendants by such fictitious names (the "Doe Defendants"). Plaintiffs will seek leave of Court to amend this complaint to state their true names and capacities when they have been ascertained.
6089.1/42943-00000
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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 are informed and believe and on that basis aver that the Doe Defendants are liable to Plaintiffs as a result of their participation in all or some of the acts hereinafter set forth. Pizza Hut, 30th Century Masters, The Martin Agency, The Interpublic Group of Companies and the Doe Defendants are referred to collectively herein as "Defendants." 18. Plaintiffs are informed and believe and on that basis aver that at all
times mentioned in this complaint, each of the Defendants was the agent and/or alter ego of each of the other Defendants and, in doing the things alleged in this complaint, was acting within the course and scope of such agency. GENERAL AVERMENTS 19. Plaintiffs are the co-authors of the music and lyrics to the original musical composition "Gold On The Ceiling." Plaintiffs own the rights and title to the copyright in the composition "Gold On The Ceiling" (the "Infringed Composition") as authors and through their publishing entities McMoore McLesst Publishing and Sweet Science. 20. Plaintiffs filed an application for copyright registration with the
United States Copyright Office for the musical composition "Gold On The Ceiling" on December 9, 2011, and are awaiting the issuance of a registration. A true and correct copy of Plaintiffs' application for copyright registration is annexed hereto as Exhibit A. 21. "Gold On The Ceiling" was recorded by The Black Keys in 2011, and
was released as the second single from The Black Keys' seventh album entitled "El Camino," which album was released to the public in December 2011 by Nonesuch Records, a division of the Warner Music Group. 22. In or around May 2012, it came to Plaintiffs' attention that Defendants
and/or their agents reproduced, distributed, and/or publicly performed (and/or caused to be reproduced, distributed, and/or publicly performed) a substantial portion of the Infringed Composition without Plaintiffs' authorization in a
6089.1/ 42943-00000
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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
commercial advertisement for "Cheesy Bites Pizza," which can be viewed at http://www.youtube.com/watch?v=YkaGEgjWdNI (the "Infringing Advertisement"). 23. Defendants do not have any license, authorization, permission or
consent to use the Infringed Composition. 24. In fact, on May 30, 2012, through The Black Keys' exclusive
publishing administrator Wixen Music Publishing, Inc., located in California, Plaintiffs provided written notice to Defendant Pizza Hut that the Infringing Advertisement constitutes infringement of Plaintiffs' rights and demanded that Defendant Pizza Hut immediately cease and desist from any further use of the Infringed Composition. Plaintiffs are entitled to injunctive relief and redress for Defendants' willful, intentional and purposeful use and exploitation of the Infringed Composition for their own financial benefit with full knowledge that such use constituted infringement of, and was in disregard of, Plaintiffs' rights.
COUNT I COPYRIGHT INFRINGEMENT (17 U.S.C. 106 and 501) (By Plaintiffs Against Defendants) 25.
Plaintiffs incorporate herein by this reference each and every
averment contained in paragraphs 1 through 24, inclusive. 26. Through their conduct averred herein, Defendants have infringed
Plaintiffs' copyright in the Infringed Composition in violation of Sections 106 and 501 of the Copyright Act, 17 U.S.C. 106 and 501. 27. Defendants' acts of infringement are willful, intentional and
purposeful, in disregard of and with indifference to Plaintiffs' rights.

6

6089.1/42943-00000
1 2 3 4 5 6 7 8 9
10
28.
As a direct and proximate result of said infringement by Defendants,
Plaintiffs are entitled to damages in an amount to be proven at trial. 29. Plaintiffs are also entitled to Defendants' profits attributable to the
infringement, pursuant to 17 U.S.C. 504(b), including an accounting of and a constructive trust with respect to such profits. 30. Plaintiffs further are entitled to their attorneys' fees and full costs
pursuant to 17 U.S.C. 505 and otherwise according to law. 31. As a direct and proximate result of the foregoing acts and conduct,
Plaintiffs have sustained and will continue to sustain substantial, immediate, and irreparable injury, for which there is no adequate remedy at law. Plaintiffs are informed and believe and on that basis aver that unless enjoined and restrained by this Court, Defendants will continue to infringe Plaintiffs' rights in the Infringed Composition. Plaintiffs are entitled to preliminary and permanent injunctive relief to restrain and enjoin Defendants' continuing infringing conduct.
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Mitchell Silberberg& Knupp LLP
WHEREFORE, Plaintiffs pray for judgment against Defendants, and each of them, jointly and severally, as follows: 1. For damages in such amount as may be found, or as otherwise permitted by law. 2. For an accounting of, and the imposition of constructive trust with
respect to, Defendants' profits attributable to their infringements of Plaintiffs' copyright in the Infringed Composition. 3. For a preliminary and permanent injunction prohibiting Defendants,
and their respective agents, servants, employees, officers, successors, licensees and assigns, and all persons acting in concert or participation with each or any of them, from continuing to infringe Plaintiffs' copyright in the Infringed Composition. 4. 5. For prejudgment interest according to law. For Plaintiffs' attorneys' fees, costs, and disbursements in this action.
6089.1/42943-00000
6.
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
For such other and further relief as the Court may deem just and
proper. RUSSELL J. FRACKMAN CHRISTINE LEPERA (pro hac vice motion forthcoming) CHRISTINA E. DJORDJEVICH MITCHELL SILBERBERG & KNUPP LLP
Russell J. Fr an Attorneys for Plaintiffs
/f1s4Yein
6089.1/42943-00000
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2 3 4 5 6 7 8 9
DEMAND FOR JURY TRIAL
Plaintiffs demand a trial by jury. Date: June 21, 2012 RUSSELL J. FRACKMAN CHRISTINE LEPERA (pro hac vice motion forthcoming) CHRISTINA E. DJORDJEVICH MITCHELL SILBERBERG & KNUF'P LLP
10
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
By:
Russell J. Fr an Attorneys for Plaintiffs
$1114"1
6089.1/42943-00000
EXHIBIT A
-APPLICATION-*
Title
Fitle of Work: El Camino Contents Titles: Run Right Back
Dead And Gone Money Maker Mind Eraser Nova Baby Lonely Boy Sister Gold On The Ceiling Stop Stop Hell Of A Season Little Black Submarines
Completion/Publication
Year of Completion: Date of 1st Publication: 2011 December 6, 2011
Nation of 1st Publication: United States
Author
Author: Dan Auerbach ,kuthor Created:
music, lyrics
Citizen of: United States A uthor:

Author
Domiciled in:
United States
Patrick Carney music, lyrics
Created:
Citizen of: United States
Domiciled in:
United States
Page I of 2
Exhibit A Page 19
A othor: Brian Burton Author Created: music, lyrics Citizen of: United States Domiciled in: United States
Copyright claimant
Copyright Claimant: McMoore McLesst Publishing 4025 Park Sorrento, Suite 130, Calabasas, CA, 91302, Yemen l'ransfer Statement: Copyright Claimant: By written agreement Sweet Science I'D Box 340020, Nashville, TN, 37203, United States l'ransfer Statement: By written agreement
Certification
Name: Randall Wixen Date: December 9, 2011
1):Ige 2 of 2
Exhibit A Page 11
Registration #: mice Req nest #: 1-696593381 Priority: Routine pplication Date: December 9, 2011 11:01:59 AM
Correspondent
Organization Name: Wixen Music Publishing, Inc. Name: Jennifer Suomi Email:jsuomi@wixenmusic.com kddress: 24025 Park Sorrento Suite 130 Calabasas, CA 91302 United States
ail Certificate
Wixen Music Publishing, Inc. Jennifer Suomi .24025 Park Sorrento Suite 130 Calabasas, CA 91302 United States
Exhibit A
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
This case has been assigned to District Judge Otis D. Wright II and the assigned discovery Magistrate Judge is Jacqueline Chooljian. The case number on all documents filed with the Court should read as follows: CV12- 5385 ODW (JCx) Pursuant to General Order 05-07 of the United States District Court for the Central District of California, the Magistrate Judge has been designated to hear discovery related motions.
All discovery related motions should be noticed on the calendar of the Magistrate Judge
NOTICE TO COUNSEL
A copy of this notice must be served with the summons and complaint on all defendants (if a removal action is
filed, a copy of this notice must be served on all plaintiffs). Subsequent documents must be filed at the following location: [X] Western Division 312 N. Spring St., Rm. G-8 Los Angeles, CA 90012 U Southern Division 411 West Fourth St., Rm. 1-053 Santa Ana, CA 92701-4516
Eastern Division 3470 Twelfth St., Rm. 134 Riverside, CA 92501
Failure to file at the proper location will result in your documents being returned to you.
CV-18 (03/06)
Russell J. Frackman (SBN 49084 7-rjf@msk.com Case 2:12-cv-05385-ODW-JC Document 1 Filed 06/21/12 Page 15 of 17 Page ID #:21 Christine Lepera (pro hac vice &don forthcoming) ctl@msk.com Christina E. Djordjevich (SBN 262721) cyd@msk.com MITCHELL SILBERBERG & KNUPP LLP 11377 West Olympic Blvd. Los Angeles, CA 90064-1683 Tel. (310) 312-2000; Fax (310) 312-3100 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA DANIEL AUERBACH and PATRICK CARNEY (collectively and professionally known as "THE BLACK KEYS"); THE BLACK KEYS PARTNERSHIP d/b/a MCMOORE MCLESST PUBLISHING; and BRIAN BURTON p/k/a DANGER MOUSE individually and d/b/a SWEET SCIENCE,
PLAINTIFF(S) CASE NUMBER
o
SUMMONS
To)
v. PIZZA HUT, INC., a Delaware corporation; 30TH CENTURY MASTERS LLC, a Virginia limited liability company; THE MARTIN AGENCY, INC., a Virginia corporation; THE INTERPUBLIC GROUP OF COMPANIES, INC., a Delaware corporation; and DOES 1 10, inclusive,
DEFENDANT(S).
TO: DEFENDANT(S): A lawsuit has been filed against you. Within 21 days after service of this summons on you (not counting the day you received it), you must serve on the plaintiff an answer to the attached Ej complaint I1] amended complaint ['counterclaim ILI cross-claim or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff's attorney, Russell J. Frackman, whose address is MITCHELL SILBERBERG & KNUPP, 11377 West Olympic Blvd., Los Angeles, California 90064-1683. If you fail to do so, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
ea ICC
= Dated: 6
i re
JUN 2 1 2012
Clerk, U.S. District C,urt s I By: N-WY lerk

1 of the Court)
CO
[Use 60 days if the defendant is the United States or a United States agency, or is an officer or employee of the United States. Allowed 60 days by Rule 12(a)(3)].
CV-01A (10/11 SUMMONS
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Case 2:12-cv-05385-ODW-JC Document 1 COVER SHEET CIVIL Filed 06/21/12 Page 16 of 17 Page ID #:22
I (a) PLAINTIFFS (Check box if you are representing yourself 0) Daniel Auerbach; Patrick Carney; The Black Keys Partnership d/b/a McMoore McLesst Publishing; Brian Burton p/k/a Danger Mouse individually and cl/b/a Sweet Science
(b) Attorneys (Firm Name, Address and Telephone Number. lfyou are representing DEFENDANTS
UNITED STATES DISTRICT COURT, CENTRAL DISTRIOF CALIFORNIA
Pizza Hut, Inc.; 30th Century Masters LLC; The Martin Agency, Inc.; The Interpublic Group of Companies, Inc.; and Does 1 10, inclusive Attorneys (If Known)
yourself, provide same.) Russell J. Frackman Christine Lepera Christina A. Djordjevich Mitchell Silberberg & Knupp LLP 11377 W. Olympic Blvd., Los Angeles, CA 90064-1683 Tel. (310) 312-2000; Fax (310) 312-3100 II. BASIS OF JURISDICTION (Place an X in one box only.) 0 1 U.S. Government Plaintiff
0 2 U.S. Government Defendant
III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only (Place an X in one box for plaintiff and one for defendant.) PTF DEF Z 3 Federal Question (U.S. Government Not a Party Citizen of This State 0 1 0 1 Incorporated or Principal Place of Business in this State 0 4 Diversity (Indicate Citizenship Citizen of Another StAe 0 2 0 2 Incorporated and Principal Place of Parties in Item III) of Business in Another State Citizen or Subject of a Foreign Country 0 3 0 3 Foreign Nation
0 5 Transferred from ancther district (specify): 0 6 MultiDistrict
PTF DEF 0404 0505 0606
IV. ORIGIN (Place an X in one box only.)
0 2 Removed from 0 3 Remanded from 0 4 Reinstated or Z 1 Original Reopened Appellate Court State Court Proceeding
V. REQUESTED IN COMPLAINT: JURY DEMAND: CLASS ACTION under F.R.C.P. 23:0 Yes Z No
0 7 Appeal to Distric Judge from
[2] Yes 0 No (Check 'Yes only if demanded in complaint)

Z MONEY DEMANDED IN COMPLAINT: $
Litigation
Magistrate Judge
VI. CAUSE OF ACTION (Cite the U. S. Civil Statute under which you are filing and write a brief statement of cause. Do not cite jurisdictional statutes unless diversity.)
Copyright infringement under 17 U.S.C. 106 and 501 based on Defendants' unauthorized use of Plaintiffs' composition.
VII. NATURE OF SUIT Place an X in one box only. )
OTHER STATUTES 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce/ICC Rates/etc. 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 810 Selective Service 850 Securities/Commodities/ Exchange 875 Customer Challenge 12 USC 3410 890 Other Statutory Actions 891 Agricultural Act 892 Economic Stabilization Act 893 Environmental Matters 894 Energy Allocation Act 895 Freedom of Info. Act 900 Appeal of Fee Determination Under Equal Access to Justice 950 Constitutionality of State Statutes
PRISONER LABOR coNTRAcr TORTS" TORTS. " PETITIONS PERSONAL INJURY PERSONAL 110 Insurance I 710 Fair Labor Standard! PROPERTY 510 Motions to Vacate Act 310 Airplane 120 Marine 370 Other Fraud Sentence Habeas 720 Labor/Mgmt. 315 Airplane Product 130 Miller Act Corpus Relations Liability 371 Truth in Lending 140 Negotiable Instrument 530 General 380 Other Personal 730 Labor/Mgmt. 320 Assault, Libel & 150 Recovery of Property Damage 0 535 Death Penalty Reporting & Slander Overpayment & Disclosure Act 330 Fed. Employers' 385 Property Damage 0 540 Mandamus/ Enforcement of 740 Railway Labor Act Liability Product Liability Other Judgment BANKRUPTCY ' 790 Other Labor 340 Marine 550 Civil Rights 151 Medicare Act Litigation 22 Appeal 28 USC 345 Marine Product 555 Prison Condition 152 Recovery of Defaulted 158 Liability 0 791 Empl. Ret Inc. Student Loan (Excl. FORFEITURE/ 423 Withdrawal 28 Security Act 350 Motor Vehicle Veterans) PENALTY PROPERTY RIGHTS USC 157 355 Motor Vehicle 153 Recovery of 610 Agriculture _.: s 820 Copyrights CIVIL RIGHTS Product Liability Overpayment of 620 Other Food & 830 Patent Veteran's Benefits 360 Other Personal 441 Voting Drug 840 Trademark Injury 160 Stockholders' Suits 442 Employment 625 Drug Related 362 Personal Injury190 Other Contract SOCIAL SECURITY 443 Housing/AccoSeizure of Med Malpractice 195 Contract Product mmodations Property 21 USC 61 HIA(1395f) 144 Welfare 365 Personal InjuryLiability 881 862 Black Lung (923) Product Liability 196 Franchise 630 Liquor Laws 445 American with . 863 DIWC/D1WW 368 Asbestos Personal REAL PROPERTY Disabilities 640 R.R.& Truck 405(g)) Injury Product Employment 650 Airline Regs 210 Land Condemnation 864 SSID Title XVI Liability 446 American with 660 Occupational 865 RSI (405(g)) 220 Foreclosure IM MIGRATION Disabilities Safety /Health FEDERAL TAX SUITS 230 Rent Lease & Ejectment Other her 462 Naturalization tu at 690 Other 870 Taxes (U.S. Plaintiff 240 Torts to Land App Application 440 Other Civil or Defendant) 245 Tort Product Liability Rights 463 Habeas Corpus871 IRS-Third Party 26 290 All Other Real Property Alien Detainee USC 7609 465 Other Immigration Actions
kl
FOR OFFICE USE ONLY: Case Number:
AFTER COMPLETING THE FRONT SIDE OF FORM CCLIII049Lin THIHNIIP6RffiAbNitEQUESTED BELOW.

CV-71 (05/08)0
CIVIL COVER SHEET
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Page 1 of:
Case 2:12-cv-05385-ODW-JC Document 1 COVER SHEET CIVIL Filed 06/21/12 Page 17 of 17 Page ID #:23
VIII(a). IDENTICAL CASES: Has this action been previously filed in this court and dismissed, remanded or closed? El No 0 Yes If yes, list case number(s): VIII(b). RELATED CASES: Have any cases been previously filed inthis court that are related to the present case? If yes, list case number(s): Civil cases are deemed related if a previously filed case and the present case: (Check all boxes that apply) 0 A. Arise from the same or closely related transactions, happenings, or events; or 0 B. Call for determination of the same or substantially related or similar questions of law and fact; or 0 C. For other reasons vould entail substantial duplication of labor if heard by different judges; or 0 D. Involve the same patent, trademark or copyright, and one of the factors identified above in a, b or c also is present. IX. VENUE: (When completing the following information, use an additional sheet if necessary.) (a) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named plaintiff resides. 0 Check here if the government, its agencies or employees is a named plaintiff. If this box is checked, go to item (b). County in this District:* California County outside of this District; State, if other than California; or Foreign Country
UNITED STATES DISTRICT COURT, CENTRAL DISTRI OF CALIFORNIA
El No 0 Yes
Plaintiff Brian Burton resides in Los Angeles County
Plaintiff Daniel Auerbach resides in Tennessee Plaintiff Patrick Carney resides in Tennessee Plaintiff The Black Keys Partnership resides in Tennessee
(b) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH named defendant resides. 0 Check here if the government, its agencies or employees is a named defendant. If this box Is checked, go to item (c). County in this District:* California County outside of this District; State, if other than California; or Foreign Country
All Defendants reside in Los Angeles County

(c) List the County in this District; California County outside of this District; State if other than California; or Foreign Country, in which EACH claim arose. Note: In land condemnation cases, use the location of the tract of land involved. California County outside of this District; State, if other than California; or Foreign Country
County in this District:*
Los Angeles County

* Los Angeles, Orange, San Bernardino, Riverside, Ventura, Santa Barbara, or San Luis Obispo Counties Note: In land condemnation cases, use the location of thract of land i Iv X. SIGNATURE OF ATTORNEY (OR PRO PER): Date
June 21, 2012
Notice to Counsel/Parties: The CV-7I (JS-44) Civil Cover Sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law. This form, approved by the Judicial Conference of the United States in September 1974, is required pursuant to Local Rule 3 -1 is not filed but is used by the Clerk of the Court for the purpose of statistics, venue and initiating the civil docket sheet. (For more detailed instructions, see separate instructions sheet.) Key to Statistical codes relating to Social Security Cases: Nature of Suit Code 861 Abbreviation HIA Substantive Statement of Cause of Action All claims for health insurance benefits (Medicare) under Title 18, Part A, of the Social Security Act, as amended. Also, include claims by hospitals, skilled nursing facilities, etc., for certification as providers of services under the program. (42 U.S.C. 1935FF(b)) All claims for "Black Lung" benefits under Title 4, Part B, of the Federal Coal Mine Health and Safety Act of 1969. (30 U.S.C. 923) All claims filed by insured workers for disability insurance benefits under Title 2 of the Social Security Act, as amended; plus all claims filed for child's insurance benefits based on disability. (42 U.S.C. 405(g)) All claims filed for widows orwidowers insurance benefits based on disability under Title 2 ofthe Social Security Act, as amended. (42 U.S.C. 405(g)) All claims for supplemental security income payments based upon disability filed under Title 16 of the Social Security Act, as amended. All claims for retirement (old age) ard survivors benefits under Title 2 of the Social Security Act, as amended. (42 U.S.C. (g)) CIVIL COVER SHEET Page 2 of:
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Black Keys Sue Home Depot and Pizza Hut Over Songs in Ads

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Case 2:12-cv-05386-RSWL-RZ Document 1

Filed 06/21/12 Page 1 of 16 Page ID #:4

COMPLAINT FOR COPYRIGHT INFRINGEMENT DEMAND FOR JURY TRIAL

Case 2:12-cv-05386-RSWL-RZ Document 1

Filed 06/21/12 Page 2 of 16 Page ID #:5

2 COMPLAINT FOR COPYRIGHT INFRINGEMENT

Case 2:12-cv-05386-RSWL-RZ Document 1

Filed 06/21/12 Page 3 of 16 Page ID #:6

JURISDICTION AND VENUE

This is a civil action seeking damages and injunctive relief for

(c), and/or 1400(a).

Plaintiff Auerbach is a musical artist and a songwriter, a co-author of

Case 2:12-cv-05386-RSWL-RZ Document 1

Filed 06/21/12 Page 4 of 16 Page ID #:7

Defendant The Home Depot, Inc. ("Home Depot"), is a corporation

COMPLAINT FOR COPYRIGHT INFRINGEMENT

Case 2:12-cv-05386-RSWL-RZ Document 1

Filed 06/21/12 Page 5 of 16 Page ID #:8

5 COMPLAINT FOR COPYRIGHT INFRINGEMENT

Case 2:12-cv-05386-RSWL-RZ Document 1

Filed 06/21/12 Page 6 of 16 Page ID #:9

Plaintiffs incorporate herein by this reference each and every

6 COMPLAINT FOR COPYRIGHT INFRINGEMENT

Case 2:12-cv-05386-RSWL-RZ Document 1

Filed 06/21/12 Page 7 of 16 Page ID #:10

Russell J. Frackian Attorneys for Plaintiffs

7 COMPLAINT FOR COPYRIGHT INFRINGEMENT

Case 2:12-cv-05386-RSWL-RZ Document 1

Filed 06/21/12 Page 8 of 16 Page ID #:11

Russell J. Frac t* I an Attorneys for Plaintiffs

8 COMPLAINT FOR COPYRIGHT INFRINGEMENT

Case 2:12-cv-05386-RSWL-RZ Document 1

Filed 06/21/12 Page 9 of 16 Page ID #:12

Case 2:12-cv-05386-RSWL-RZ Document 1

Filed 06/21/12 Page 10 of 16 Page ID #:13

Citizen of: United States

Case 2:12-cv-05386-RSWL-RZ Document 1

Filed 06/21/12 Page 11 of 16 Page ID #:14

Case 2:12-cv-05386-RSWL-RZ Document 1

Filed 06/21/12 Page 12 of 16 Page ID #:15

Case 2:12-cv-05386-RSWL-RZ Document 1

Filed 06/21/12 Page 13 of 16 Page ID #:16

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY

5386 RSWL (RZx)

Eastern Division 3470 Twelfth St., Rm. 134 Riverside, CA 92501

NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE FOR DISCOVERY

(Seal of the Court)

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UNITED STATES DISTRICT COURT, CENTRAL DISTRI

Attorneys (If Known)

III. CITIZENSHIP OF PRINCIPAL PARTIES - For Diversity Cases Only

1 U.S. Government Plaintiff

Z 3 Federal Question (U.S. Government Not a Party

0 2 U.S. Government Defendant 0 4 Diversity (Indicate Citizenship

IV. ORIGIN (Place an X in one box only.)

0 2 Removed from 0 3 Remanded from 0 4 Reinstated or

o 5 Transferred from ancther district (specify):

0 No (Check 'Yes' only if demanded in complaint.)

TORTS PERSONAL PROPERTY .

FOR OFFICE USE ONLY:

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UNITED STATES DISTRICT COURT, CENTRAL DISTRItT OF CALIFORNIA

' Plaintiff Brian Burton resides in Los Angeles County