JS 44C/SDNY REV. 1/2014 JUDGE PAUIH" 14 ev CIVIL COVER SHEET TheJS-44civil cover sheet and the information contained herein neither replace norsupplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved KpiE Judicial Conference ofthe United States in September 1974, is required for useoftheClerk ofCourt for thepurp§fe £ initiating the civildocket sheet. ?*:'/ 1 G2014 PLAINTIFFS Sony Music Entertainment DEFENDANTS Extreme TRAXXProductions, Cheer Music Store, Inc., Cheer Music Machine, LLC, Cheerleading Music, LLC, Thomas Locklayer, and Mark Bryan ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER ATTORNEYS (IF KNOWN) Kim J. Landsman and Ana-Claudia Roderick Golenbock Eiseman Assor Bell & Peskoe LLP 437 Madison Avenue, New York, NY 10022, Phone: (212) 907-7300 CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE) (DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY) 17 U.S.C. §§ 106, 501. This isan action for infringement of copyrights in .sound recordings Has this ora similar case been previously filed in SDNY at any time? No [X] Yes • Judge Previously Assigned If yes, was this case Vol. • Invol. • Dismissed. No • Yes • If yes, give date. IS THIS AN INTERNATIONAL ARBITRATION CASE? No ^ YeS D & Case No. (PLACE AN[x]INONEBOXONLY) TORTS NATURE OF SUIT ACTIONS UNDER STATUTES CONTRACT PERSONAL INJURY PERSONAL INJURY FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES [ 1110 [ ]120 [ ]130 [ ]140 INSURANCE [ ]310 AIRPLANE [ ] 362 PERSONAL INJURY - [ 1610 AGRICULTURE [ ] 422 APPEAL [ ]400 STATE MARINE [ ]315 AIRPLANE PRODUCT MED MALPRACTICE [ ]620 OTHER FOOD & 28 USC 158 REAPPORTIONMENT MILLER ACT LIABILITY [ 1365 PERSONAL INJURY DRUG [ ] 423 WITHDRAWAL [ 1410 ANTITRUST NEGOTIABLE [ ]320 ASSAULT, LIBEL & PRODUCT LIABILITY [1625 DRUG RELATED 28 USC 157 [ ]430 BANKS & BANKING INSTRUMENT SLANDER [ ] 368 ASBESTOS PERSONAI SEIZURE OF [ ]450 COMMERCE |]150 RECOVERY OF [ ]330 FEDERAL INJURY PRODUCT PROPERTY [) 460 DEPORTATION OVERPAYMENT & EMPLOYERS' LIABILITY 21 USC 881 PROPERTY RIGHTS [ J 470 RACKETEER INFLU ENFORCEMENT LIABILITY [ ]630 LIQUOR LAWS ENCED & CORRUPT OF JUDGMENT [ ]340 MARINE PERSONAL PROPERTY [ ]640 RR & TRUCK M820 COPYRIGHTS ORGANIZATION ACT [ 1151 []152 MEDICARE ACT II 345 MARINE PRODUCT [ J650 AIRLINE REGS [ ]830 PATENT (RICO) RECOVERY OF LIABILITY [ ] 370 OTHER FRAUD [ 1660 OCCUPATIONAL [ ] 840 TRADEMARK [ ]480 CONSUMER CREDIT DEFAULTED [ ]350 MOTOR VEHICLE [ ] 371 TRUTH IN LENDING SAFETY/HEALTH [ ]490 CABLE/SATELLITE TV STUDENT LOANS [ ]355 MOTOR VEHICLE [ ] 380 OTHER PERSONAL [ ]690 OTHER [ 1810 SELECTIVE SERVICE (EXCL VETERANS) PRODUCT LIABILITY PROPERTY DAMAGE SOCIAL SECURITY [I 850 SECURITIES/ [] 153 RECOVERY OF [ ]360 OTHER PERSONAL [ ] 385 PROPERTY DAMAGE COMMODITIES/ OVERPAYMENT INJURY PRODUCT LIABILITY LABOR [ ] 861 HIA (1395ff) EXCHANGE OF VETERAN'S [ ] 862 BLACKLUNG (923) ! 1875 CUSTOMER BENEFITS [ ]710 FAIR LABOR [ J 863 DIWC/DIWW(405(g)) CHALLENGE [ ]160 STOCKHOLDERS STANDARDS ACT [ ] 864 SSID TITLE XVI 12 USC 3410 SUITS [I 720 LABOR/MGMT [ ] 865 RSI (405(g)) [ ]890 OTHER STATUTORY []190 OTHER PRISONER PETITIONS RELATIONS ACTIONS CONTRACT [) 730 LABOR/MGMT [ ]891 AGRICULTURAL ACTS []195 CONTRACT [ ]510 MOTIONS TO REPORTING & FEDERAL TAX SUITS [ 1892 ECONOMIC PRODUCT ACTIONS UNDER STATUTES VACATE SENTENCE DISCLOSURE ACT STABILIZATION ACT LIABILITY 28 USC 2255 [I 740 RAILWAY LABOR ACT [ ]870 TAXES (U.S. Plaintiff or [ ]893 ENVIRONMENTAL [ ] 196 FRANCHISE CIVIL RIGHTS [ ]530 HABEASCORPUS [I 790 OTHER LABOR Defendant) MATTERS [ J535 DEATHPENALTY LITIGATION [ ] 871 IRS-THIRD PARTY [ 1894 ENERGY [ 1441 VOTING [ I 540 MANDAMUS & OTHER [ 1791 EMPL RET INC 26 USC 7609 ALLOCATION ACT [ ] 442 [ I 443 EMPLOYMENT SECURITY ACT [ ]895 FREEDOM OF REAL PROPERTY HOUSING/ INFORMATION ACT ACCOMMODATIONS IMMIGRATION [ ]900 APPEAL OF FEE []210 LAND [ ]444 WELFARE PRISONER CIVIL RIGHTS DETERMINATION CONDEMNATION [ ]445 AMERICANS WITH [1462 NATURALIZATION UNDER EQUAL [ ]220 [ 1230 FORECLOSURE DISABILITIES - [ ] 550 CIVIL RIGHTS APPLICATION ACCESS TO JUSTICE RENT LEASE & EMPLOYMENT [ J 555 PRISON CONDITION [ ]463 HABEAS CORPUS- [ )950 CONSTITUTIONALITY EJECTMENT [ ]446 AMERICANS WITH ALIEN DETAINEE OF STATE STATUTES [ 1240 TORTS TO LAND DISABILITIES -OTHER [ 1465 OTHER IMMIGRATION []245 TORT PRODUCT LIABILITY [ ]440 OTHER CIVIL RIGHTS (Non-Prisoner) ACTIONS [ ]290 ALL OTHER REAL PROPERTY Check if demanded in complaint: • CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23 DEMAND $_ OTHER Check YES only if demanded in complaint JURY DEMAND: S YES • NO DO YOU CLAIMTHIS CASE IS RELATED TO A CIVILCASE NOW PENDING INS.D.N.Y.? IF SO, STATE: JUDGE DOCKET NUMBER. NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).
Sony Music sues over infringements of its sound recordings by artists including P!nk, Adele, Destiny's Child, Karmin, Christina Aguilera. The complaint alleges the defendant uses unauthorized recordings to make custom mixes for cheerleader competitions.
Mark's note: Sony is using over its rights to the sound recordings, which is the copyright in the actual performance. Artists and producers typically assign these rights to a record company as part of the recording artists. There is a separate copyright for the musical compositions, for which the record company often does not own rights. A sound recording is infringed only if the actual recording is used. Thus, if the songs were rerecorded by different artists, the defendants might be infringing the compositions but not the sound recordings (even if the new recording sounds just like the original).
For informational purposes only. Not legal advice. I am not representing parties in this action. For more information about my practice, see: http://torekeland.com/about/mark-h-jaffe and legal musings at my twitter feed: @MarkJKings
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
JS 44C/SDNYREV. 1/2014
JUDGE PAUIH"14 ev
CIVIL COVER SHEET
TheJS-44civil cover sheetandthe information contained herein neither replace norsupplement thefiling andservice ofpleadings or other papers as required by law, except as provided by local rules of court. This form, approved KpiEJudicial Conference ofthe United States in September 1974, is required for useoftheClerk ofCourt for thepurp§fe £initiating the civildocket sheet.
?*:'/
1 G2014PLAINTIFFS
Sony Music Entertainment
DEFENDANTS
Extreme TRAXX Productions, Cheer Music Store, Inc., Cheer Music Machine,LLC, Cheerleading Music, LLC, Thomas Locklayer, and Mark Bryan
ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER ATTORNEYS (IF KNOWN)Kim J. Landsman and Ana-Claudia RoderickGolenbock Eiseman Assor Bell & Peskoe LLP437 Madison Avenue, New York, NY 10022, Phone: (212) 907-7300CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE ABRIEF STATEMENT OF CAUSE)
(DO NOT CITE JURISDICTIONAL STATUTES UNLESS DIVERSITY)
17 U.S.C. §§ 106, 501. This isan action for infringement ofcopyrights in .sound recordings
Has this ora similar case been previously filed in SDNY atany time? No [X] Yes • Judge Previously Assigned
If yes, was this case Vol. • Invol. • Dismissed. No • Yes • If yes, give date.
IS THIS AN INTERNATIONAL ARBITRATION CASE? No ^ YeS D
& Case No.
(PLACE AN[x]INONEBOXONLY)
TORTS
NATURE OF SUIT
ACTIONS UNDER STATUTES
CONTRACT PERSONAL INJURY PERSONAL INJURY FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
[ 1110[ ]120[ ]130[ ]140
INSURANCE [ ]310 AIRPLANE [ ] 362 PERSONAL INJURY - [ 1610 AGRICULTURE [ ] 422 APPEAL [ ]400 STATE
MARINE [ ]315 AIRPLANE PRODUCT MED MALPRACTICE [ ]620 OTHER FOOD & 28 USC 158 REAPPORTIONMENT
MILLER ACT LIABILITY [ 1365 PERSONAL INJURY DRUG [ ] 423 WITHDRAWAL [ 1410 ANTITRUST
NEGOTIABLE [ ]320 ASSAULT, LIBEL & PRODUCT LIABILITY [1625 DRUG RELATED 28 USC 157 [ ]430 BANKS & BANKING
EJECTMENT [ ]446 AMERICANS WITH ALIEN DETAINEE OF STATE STATUTES
[ 1240 TORTS TO LAND DISABILITIES -OTHER [ 1465 OTHER IMMIGRATION
[]245 TORT PRODUCT
LIABILITY
[ ]440 OTHER CIVIL RIGHTS
(Non-Prisoner)ACTIONS
[ ]290 ALL OTHER
REAL PROPERTY
Check if demanded in complaint:
•CHECK IF THIS IS A CLASS ACTIONUNDER F.R.C.P. 23
DEMAND $_ OTHER
Check YES only if demanded in complaintJURY DEMAND: S YES • NO
DO YOU CLAIM THIS CASE IS RELATED TO A CIVILCASE NOW PENDING INS.D.N.Y.?IF SO, STATE:
JUDGE DOCKET NUMBER.
NOTE: You must also submit at the time of filing the Statement of Relatedness form (Form IH-32).
(PLACE AN x INONEBOXONLY)
S 1 OriginalProceeding
ORIGIN
• 2 Removed from D3 Remanded D 4 Reinstated or • 5 Transferred from Q6 MultidistrictState Court from Reopened (Specify District) Litigation
["I a. all parties represented Appellate1—' Court
[J b. At leastoneparty Is pro se.
I I 7 Appeal toDistrictJudge fromMagistrate JudgeJudgment
(PLACE AN x INONEBOXONLY)
• 1 U.S. PLAINTIFF • 2 U.S.DEFENDANTBASIS OF JURISDICTION
| 3 FEDERAL QUESTION Q4 DIVERSITY(U.S. NOT A PARTY)
IF DIVERSITY, INDICATECITIZENSHIP BELOW.
(28 USC 1332, 1441)
CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)
(Place an [X] in one box for Plaintiffand one box for Defendant)
CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY
PTF DEF
[ ]3 [ ]3PTF DEF
INCORPORATED and. PRINCIPAL PLACE [ ] 5 [ ] 5OF BUSINESS IN ANOTHER STATE
PTF DEF
CITIZEN OF THIS STATE [ ] 1 [ ] 1
CITIZEN OF ANOTHER STATE [ ] 2 [ ] 2 INCORPORATED or PRINCIPAL PLACE [ ]4 [ ]4OF BUSINESS IN THIS STATE
FOREIGN NATION []6 []6
PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)
550 Madison Avenue, New York, NY 10022.New York County, NY
DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)
Extreme TRAXX Productions and Thomas Locklayer: 1124 Renoir Way, Williamstown, NJ 08094.Gloucester County, NJ.Cheer Music Store Inc., Cheer Music Machine, LLC, Cheerleading Music Service, LLC, and Mark Bryan:6550 Devonshire Heights Road, Harrisburg, PA 17111. Dauphin County, PA.
DEFENDANT(S) ADDRESS UNKNOWNREPRESENTATION IS HEREBY MADE THAT, AT THIS TIME, I HAVE BEEN UNABLE, WITH REASONABLE DILIGENCE, TO ASCERTAIN THE
RESIDENCE ADDRESSES OF THE FOLLOWING DEFENDANTS:
Checkone: THIS ACTION SHOULD BE ASSIGNED TO: • WHITE PLAINS [X] MANHATTAN(DO NOT check either box ifthis a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.)
DATE 2/10/2014 SIGNATURE OF ATTORNEY OF RECORD
RECEIPT #JL <5W,e>*r -
Magistrate Judge is to be designated by the Clerk of the Court.
Magistrate Judge
Ruby J. Krajick, Clerk of Court by. Deputy Clerk, DATED1
UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)
ADMITTED TO PRACTICE IN THIS DISTRICT
[ 1 NON YES(DATE ADMITTED Mo. 02 Yr. 1981 )Attorney Bar Code # 1705045
is s% Designated.
Kim J. Landsman
Ana-Claudia Roderick
GOLENBOCK EISEMAN ASSOR BELL & PESKOE LLP437 Madison Avenue
New York, New York 10022-7020(212) 907-7300E-mail: [email protected]
Attorneysfor PlaintiffSonyMusic Entertainment
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
/M
14 Civ.
/f!?F
SONY MUSIC ENTERTAINMENT,
Plaintiff,
- against -
EXTREME TRAXX PRODUCTIONS,
CHEER MUSIC STORE INC., CHEER MUSICMACHINE, LLC, CHEERLEADING MUSIC,LLC, THOMAS LOCKLAYER, and MARKBRYAN,
Defendants.
COMPLAINT
ECF Case
Jury Trial Demanded
JUDGEMBH
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Plaintiff Sony Music Entertainment ("Plaintiff' or "Sony Music"), through its
undersigned counsel, for its complaint against defendants Extreme Traxx Productions, Cheer
Music Store Inc., Cheer Music Machine, LLC, Cheerleading Music Service, LLC, Thomas
Locklayer, and MarkBryan(collectively, "Defendants"), alleges as follows:
NATURE OF THE ACTION
1. This is an action for the blatant, willful, and ongoing infringement of Sony
Music's copyrights in and to certain sound recordings. Defendants sell, distribute, and
commercially exploit customized "mixes" of popular sound recordings for use in cheerleading
1
competitions that include Sony Music's copyrighted sound recordings without any attempt to
obtain the requisite permission.
PARTIES
2. PlaintiffSony Music is a partnership duly organized and existing under the
laws of the State of Delaware, with its principal place of business at 550 Madison Avenue,
New York, New York 10022. Sony Music markets, sells, distributes, and otherwise exploits
sound recordings embodying musical and/or vocal performances by recording artists, including
in the form of phonograph records, tapes, compact discs ("CDs"), videos, digital video discs
("DVDs"), and downloads from the Internet.
3. Upon information and belief, defendant Extreme TRAXX Productions
("Extreme TRAXX") is a business entity with its principal place of business in Williamstown,
New Jersey. Extreme TRAXX operates and conducts business through its interactive website
http://www.extremetraxx.com, and is engaged in streaming, offering for sale, distributing, and
selling samples and remixes of popular songs for use by cheerleading groups, teams, and
organizations.
4. Upon information and belief, defendant Thomas Locklayer ("Locklayer")
is an individual residing in Williamstown, New Jersey, and is the principal and owner of
Extreme TRAXX. Upon information and belief, Locklayer personally instigated, directed, and
controlled the unlawful activity alleged herein.
5. Upon information and belief, defendant Cheer Music Store Inc. ("Cheer
Music Store") is a corporation with its principal place of business in Harrisburg, Pennsylvania,
and is affiliated with defendants Cheer Music Machine, LLC and Cheerleading Music Service,
LLC (collectively, the "Cheer Music Defendants"). Cheer Music Store has operated and
conducted business through its interactive website, http://www.cheermusicstore.com, and has
engaged in streaming, offering for sale, distributing, and selling samples and remixes of popular
songs for use by cheerleading groups, teams, and organizations.
6. Upon information and belief, defendant Cheer Music Machine, LLC
("Cheer Music Machine") is a Delaware limited liability company with its principal place of
business in Harrisburg, Pennsylvania, and is affiliated with the Cheer Music Defendants. Cheer
Music Machine has operated and conducted business through its interactive website
http://www.cheermusicmachine.com, and has engaged in streaming, offering for sale,
distributing, and selling samples and remixes of popular songs for use by cheerleading groups,
teams, and organizations.
7. Upon information and belief, defendant Cheerleading Music Service, LLC
("Cheerleading Music") is a Delaware limited liability company with its principal place of
business in Harrisburg, Pennsylvania, and is affiliated with the Cheer Music Defendants.
Cheerleading Music has operated and conducted business through its interactive website
http://www.cheerleadingmusic.com, and has engaged in streaming, offering for sale, distributing,
and selling samples and remixes of popular songs for use by cheerleading groups, teams, and
organizations.
8. Upon information and belief, defendant Mark Bryan ("Bryan") is an
individual residing in Harrisburg, Pennsylvania, who is the owner and principal of the Cheer
Music Defendants. Upon information and belief, Bryan personally instigated, directed, and
controlled the unlawful activity alleged herein.
JURISDICTION AND VENUE
9. This Court has subject matter jurisdiction over this action for copyright
infringement pursuant to 28 U.S.C. §§ 1331 (federal question) and 1338 (action arising under an
Act of Congress relating to copyright).
10. Upon information and belief, each of the Defendants engages in
substantial and continuous solicitation of business in New York. New York is home to a vibrant
community of cheerleading organizations and is a location for numerous cheerleading
competitions. For example, the United States Cheer and Dance Directory lists sixty-one cheer,
dance and gymnastics teams, six collegiate teams, and four professional teams located in New
York State. See http://www.uscdd.net/nyteams.php (last visited February 5, 2014). The same
website reports that, as of February 5, 2014, there are expected to be approximately 120
cheerleading competitions held in New York State between January 2014 and August 2014. As
such, Defendants direct their business towards New York in order to profit from the large
cheerleading market in this Stateand its appetite for cheerleading-specific music products.
11. Upon information and belief, Defendants sell their products primarily
through their interactive websites. These sites go beyond merely displaying information, and
allow New York customers to communicate with and make purchases from Defendants through
the Internet. For example, Extreme TRAXX's website allows customers to email Extreme
TRAXX, book appointments with its employees or representatives, and purchase or make
"deposits" for Extreme TRAXX's products. The Cheer Music Defendants' websites allow
customers to email representatives to discuss the customization of their music request and order
or purchase products and services online.
12. Upon information and belief, a substantial percentage of Defendants'
revenue is attributable to its sales to New York residents. As a large market for cheerleading
music, New York customers are likely to be the source of a significant number of Defendants'
yearly transactions.
13. As a result of Defendants' activities, they are subject to personal
jurisdiction pursuant to CPLR §301, and the exercise of the Court's general jurisdiction
comports with constitutional due process.
14. Upon information and belief, Defendants have transacted business in the
State of New York by selling music samples, remixes, CDs, and/or DVDs throughtheir websites
to various individuals or cheerleading groups located in New York. New York cheerleading
organizations and residentsprovide a substantial market for Defendants' infringing businesses.
15. Sony Music's claim for copyright infringement arises from these
transactions of business, inasmuch as the goods and services sold by Defendants to customers in
New York infringe on Sony Music's copyrights.
16. Accordingly, Defendants are subject to personal jurisdiction in the State of
New York pursuant to CPLR § 302(a)(1), and the exercise of such jurisdiction complies with
constitutional due process.
17. Defendants have committed tortious acts outside of New York by creating
and maintaining websites based in New Jersey and Pennsylvania that play and/or sell music
samples, remixes, CDs, and/or DVDs that infringe on Sony Music's copyrights.
18. Sony Music's infringement claim arises from Defendants' acts, which
have caused injury to Sony Music in New York.
19. Defendants expected or should reasonably have expected their tortious
conduct to have consequences in New York, as it is well known that Sony Music's headquarters
are located in New York City, New York hosts a substantial number of cheerleading
competitions each year, and New York is home to a significant number of cheerleading teams,
groups, and organizations.
20. Upon information and belief, Defendants have derived substantial revenue
from interstate commerce through the use of their interactive websites by selling their products in
New York and numerous other states.
21. As a result, Defendants are subject to personal jurisdiction in the State of
New York pursuant to CPLR § 302(a)(3)(ii), and the exercise of such jurisdiction complies with
constitutional due process.
22. Venue is appropriate in this judicial district pursuant to 28 U.S.C.
§ 1400(a) and 28 U.S.C. § 1391(b). Defendants are subject to the court's personal jurisdiction
with respect to this litigation and therefore may be found in this judicial district. In addition,
Sony Music has its principal place of business in the Southern District of New York, a
substantial part of the events and omissions giving rise to Sony Music's injuries have occurred in
New York, and a substantial part of the property at issue in this action, Sony Music's copyrights,
are located in this district.
FACTUAL ALLEGATIONS
A. Sony Music's Rights in the Sound Recordings at Issue
23. Sony Music is one of the largest and most respected record companies in
the music business. Its roster of artists includes a broad array of popular musicians and their
songs, including such international superstars as Adele, Beyonce, Britney Spears, Miley Cyrus,
One Direction, P!nk, and Bruce Springsteen. The company boasts a vast catalog that comprises
some of the most important recordings in history. It is home to premier record labels
representing music from every genre.
24. Sony Music owns or is the exclusive licensee of rights to the sound
recordings of its artists. Sony Music has invested and continues to invest significant money,
time, effort, and creative talent to create, promote, sell, and license its soundrecordings.
25. Sony Music sells, distributes, and/or licenses its sound recordings in the
form of CDs, DVDs, and digital files throughout the United States and in New York.
B. Defendants' Unlawful Copying and Distributionof Sony Music's Sound Recordings
26. Each Defendant has copied, distributed, and sold sound recordings owned
and/or controlledby Sony Music without Sony Music's authorization.
1. Extreme TRAXX and Locklayer
27. Extreme TRAXX and Locklayer are in the business of advertising,
offering for sale and distribution, distributing, and selling customized mixes and/or samples of
sound recordings to individuals or cheerleading groups for use in cheerleading competitions,
exhibitions, and/or training. Extreme TRAXX's website proclaims that Extreme TRAXX is
"'THE' house hold[sic] name synonymous with coaches, cheerleaders and choreographers alike
when they speak of 'The Best Custom Music' in the industry."
28. Extreme TRAXX and Locklayer have sold and distributed their custom
"mixes" or "packages" of sound recordings through, at the very least, their website. These
products (the "Extreme TRAXX Products") have been pricedbetween $850.00 (Traditional High
School - 1 minute and 30 seconds) and $1,500.00 (Traditional Allstars) per package.
29. Although Sony Music does not know the complete extent of Extreme
TRAXX's and Locklayer's unauthorized use of its sound recordings, a review of their website
has revealed that they have offered for sale and/or distribution sound recordings by Sony Music
artists such as Christina Aguilera, Beyonce, Chris Brown, Kelly Clarkson, Karmin, P!nk, and
The Script, among others.
30. Sound recordings copied and sold by Extreme TRAXX Products include,
but are not limited to "Army of Me" (Christina Aguilera), "Look at Me Now" (Chris Brown),
"Emotions" (Mariah Carey), "Catch My Breath" (Kelly Clarkson), "Bug-A-Boo" (Destiny's
Child), "To Love You More" (Celine Dion), "I Believe" (Fantasia), "Hello" (Karmin), "Runnin"