8/13/2019 Lil Kim Makeup Lawsuit http://slidepdf.com/reader/full/lil-kim-makeup-lawsuit 1/15 1 Stephen M. Doniger (SBN 179314) [email protected]Scott A Burroughs (SBN 235718) [email protected]Trevor W Barrett (SBN 287174) [email protected]DONIGER / BURROUGHS APC 300 Corporate Pointe, Suite 355 6 Culver City, California 90230 Telephone: (310) 590-1820 7 Facsimile: (310) 417-3538 8 Web: www.donigerlawfirm.com 9 Attorneys for Plaintiff 1 ra fT1 o 11 12 13 14 15 16 17 18 19 20 21 22 UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA SAMANTHA RAVNDAHL, an individual, Plaintiff, v KIMBERLY DENISE JONES, individually, and doing business as LIL' KIM ; INTERNATIONAL ROCK STAR RECORDS, a business entity o form unknown; WHOSAY, INC., a Delaware corporation; and DOES 1-10, inclusive, c~j 4 463 Kf rwt COMPLAINT FOR: 1 COPYRIGHT INFRINGEMENT 2 VICARIOUS AND/OR CONTRIBUTORY COPYRIGHT INFRINGEMENT 3. VIOLATIONS OF THE DIGITAL MILLENNIUM COPYRIGHT ACT (17 U.S.C. § 1202) 4. MISAPPROPRIATION OF LIKENESS IN VIOLATION OF CAL CIV CODE 3344(a) Defendants. 5 VIOLATION OF THE VISUAL ARTISTS RIGHTS ACT OF 1990 Jury Trial Demanded COMPLAINT
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Plaintiff, SAMANTHA RAVNDAHL ( RAVNDAHL ) by and through her
2 undersigned attorneys, hereby prays to this honorable Court for relief based on the
3 following:
4 INTRODUCTION
5 RAVNDAHL is a makeup artist and photographer who created her own brand
6 of unique makeup designs, and photographed those designs for use in a variety of
7 media. One such photograph, which features RA VNDAHL modeling a striking
8 zombie-style makeup design of her own creation, was misappropriated by
9 KIMBERL Y DENISE JONES, acting under her nom de guerre LIL' KIM
10 (hereinafter referred to collectively as LIL' KIM ), and splashed all across the11 internet, including on LIL' KIM s personal and social media sites, to promote LIL'
12 KIM's new work and most recent comeback attempt.
13 Adding insult to injury, RAVNDAHL believes that LIL' KIM, acting through
14 her agent, WHOSAY, INC. ( WHOSAY ), slapped LIL' KIM s name and copyright
15 notice over RAVNDAHL's face and makeup design on RAVNDAHL's photograph
16 before distributing it all over the web. RA VNDAHL reached out to LIL' KIM in an
17 attempt to amicably resolve the matter, but was, unfortunately, dissed by LIL' KIM's
18 camp. Now comes this lawsuit, alleging the following:
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JURISDICTION ND VENUE
1 This action arises under the Copyright Act of 1976, Title 17 U.S.C., §
1 1 et seq
2This Court has federal question jurisdiction under 28 U.S.C. §
1331and
1338 (a) and (b).
3. Venue in this judicial district is proper under 28 U.S.C. § 1391(c) and
1400(a) in that this is the judicial district in which a substantial part of the acts and
1 or both, each and all o the acts or conduct alleged, with full knowledge o all the
2 facts and circumstances, including, but not limited to, full knowledge o each and
3 every violation o Plaintiff's rights and the damages to Plaintiff proximately caused
4 thereby.
5 CL IMS REL TED TO ZOMBIE M KEUP IM GE
6 10 Plaintiff created an original image she designated as ZOMBIE MAKEUP
7 IMAGE (the Subject Image ). Within three months o its creation, Plaintiff
8 submitted the Subject Image for registration with the United States Copyright Office.
9 11 Plaintiff's investigation revealed that LIL' KIM was posting, displaying,
10 distributing, and using for marketing and advertisement, Plaintiff's proprietary work.11 Below is a comparison o the Subject Image with the image as appropriated by LIL'
2 KIM ( ACCUSED WORK ). This comparison reveals that the elements,
13 composition, colors, arrangement, layout, and appearance o the images are identical
4 or substantially similar:
15 SUBJECT IM GE CCUSED WORK
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6 12 Prior to the alleged infringement, Plaintiffhad formatted the Subject
27 Image for personal use on her social media accounts, and published the material.
1 kinda steal my swag[,] and If you are going to steal my swag, you gonna have to
2 pay.,,2
FIRST CL IM FOR RELIEF
4 (For Copyright Infringement - Against all Defendants, and Each)
5 20. Plaintiff repeats, re-alleges, and incorporates herein by reference as
though fully set forth, the allegations contained in the preceding paragraphs of this
7 Complaint.
8 21. Plaintiff is informed and believes and thereon alleges that Defendants,
9 and each of them, had access to the Subject Image, including, without limitation,
1 through (a) viewing the Subject Image on Plaintiffs social media accounts, includingwithout limitation, Instagram; and/or (b) access to the internet, including without
12 limitation, search engines.
3 22. Plaintiff is further informed and believes and thereon alleges that said
14 Defendant has an ongoing business relationship with one or more of the other
5 Defendants.
16 23. Defendants, and each of them, used and distributed images that were
17 copied from the Subject Image, exploiting said image as an album cover for her IRSR
8 album Dead Gal Walking , and using it in marketing and advertising, and across
19 various personal and social media platforms.
20 24. Plaintiff is informed and believes and thereon alleges that Defendants,
21 and each of them, infringed Plaintiffs copyrights by creating an infringing and/or
22 derivative work from the Subject Image and by distributing the work that infringes
23 the Subject Image to the public, including without limitation, through LIL' KIM's
24 website and social media accounts.
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26 2 See Roberts, Soraya, Lil Kim Black Friday mixtape cover decapitates Nicki
7 Minaj; rapper s ol rival laughs offdiss, New York Daily News, February 16,2011.
2 (For Misappropriation o Likeness in Violation o Cal. Civ. Code 3344(a) - Against
3 all Defendants, and Each)
43. Plaintiff repeats, re-alleges, and incorporates herein by reference as
5 though fully set forth, the allegations contained in the preceding paragraphs o this
6 Complaint.
7 44. On information and belief, Plaintiff alleges that Defendants, and each o
8 them, knowingly used Plaintiff s likeness and photograph for purposes o advertising
9 or selling, or soliciting purchases of, Defendants , and each o their, products,
10 merchandise, goods, or services, and did so without Plaintiff s prior consent11 45. Plaintiff is informed and believes and thereon alleges that Defendants
2 knowingly used Plaintiffs likeness in the Subject Image in order to advertise and
3 market LIL KIM and her products and services in violation o this law, exposing
14 Defendants, and each o them, to damages, costs, and attorneys fees.
15 46. Plaintiff is informed and believes and thereon alleges that Defendants,
16 and each o their, conduct as alleged herein was willful, reckless, and/or with
17 knowledge.
18 FIFTH CL IM FOR RELIEF
19 For Violation o the Visual Artists Rights Act o 1990 - Against all
20 Defendants, and Each)
2 47. Plaintiff repeats, re-alleges, and incorporates herein by reference as
22 though fully set forth, the allegations contained in the preceding paragraphs o this
23 Complaint.
24 48. Plaintiff is informed and believes and thereon alleges that Defendants,
25 and each o them, have violated her right to claim authorship o the Subject Image
26 and her right to prevent any intentional distortion, mutilation, or other modification o