Academy of Motion Picture Arts and Sciences v. Key Access - ticket selling complaint.pdf

8/17/2019 Academy of Motion Picture Arts and Sciences v. Key Access - ticket selling complaint.pdf

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QUINN EMANUEL URQUHART &SULLIVAN, LLP _ FILED

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Christopher

Tayback

(Bar No. 145532) JK

c?i,,

of California

l i. l i A i oounty o f Los Anaelas

[email protected] a

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Gary

E. Gans (Bar No. 89537)

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865 South Figueroa Street, 10 Floor ihiunva

Bokten

5

Los Angeles, California 90017-2543

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Telephone:

(213)443-3000

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Facsimile: (213)443-3100 U UY

Attorneys for Plaintiff

Academy

of \jl ^w*

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. 8

Motion

Picture

Arts and Sciences vv

9

SUPER IOR COURT OF THE STATE OF CAL IFORNIA

10 COUNTY OF LOS ANGELES

11

CENTRAL

DISTRICT RC fi

1 9 5 8 4

12

ACADEMY OF

MOTION P ICTURE ARTS

AND SCIENCES, a California non-profit

C ASE NO .

13

corporation,

COMPLAINT

FOR:

14

Plaintiff,

1. INDUCING

BREACH OF

CONTRACT;

15

v s .

2.

INTERFERENCE WITH

CONTRACT;

. 16

KEY ACCESS,

INC., a California

corporation, DAVE CANTER, an individual,

3. AIDING AND ABETTING

TRESPASS;

17

and DOES 1 through 50, inclusive,

4. CONSPIRACY TO COMMIT

TRESPASS;

18

Defendants.

5. TRADEMARK INFRINGEMENT;

6. TRADEMARK

DILUTION;

19

7.

UNJUST

ENRICHMENT;

20

8. DECLARATORY RELIEF

21

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DEMAND FOR JURY T RIAL

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99998-09710/7901565.2

Plaintiff

Academy

of Motion

Picture

Arts and Sciences (the Academy ) alleges:

Nature

o f

Action

1.

The Academy isa

non-profit

organization dedicated to fostering and

promoting

excellence in

motion

picture

filmmaking. As

part of its mission, the

Academy

presents

Academy Awards®

of Merit, popularly known as

the

Oscars® or

Academy

Awards®, at an

annual

ceremony to honor outstanding achievements

in

the

motion

picture

industry.

The Academy

provides tickets

to select

recipients pursuant to acontract

providing

that

theticketsmaynotbe

sold

or transferred, and that

any

tickets which have

been

sold or

transferred

will

be

revoked

and

their bearers

will

be trespassers

at

the

ceremony. The

restrictions on the

transfer

of tickets and

the

attendees

at the ceremony are

necessary for,

inter alia, security reasons.

2.

Nevertheless, in

breach of

this agreement, some recipients sell their

tickets to

ticket brokers whoofferthem thousands,

sometimes

tens of

thousands, ofdollars

for the

tickets. The

ticket

brokers

then resell or

transfer the tickets

to members

of

the general

public. In

this

manner, the

ticket

brokers induce recipients to breach their contracts, interfere

with those

contracts,

and

aid

and

abet

the

purchasers'

trespass

at

Academy

Awards®

ceremonies.

3.

Defendants, ticket

brokers in

Los Angeles, have

engaged inthe

unauthorized

sale and transfer of Academy Award® tickets tomembers of the general public. And, in

doing

so,

Defendants

have

used the Academy's trademarks

to promote

and advertise

the

sale

o f those tickets.

4. By this action,

the Academy seeks

to enforce its

rights

with respect to its

Academy

Awards® ceremonies including, inter

alia,

recovering compensatory and punitive

damages

and

obtaining injunctive relief toprevent future acts inducing breaches of contract,

interfering

with contract, aiding and

abetting

trespass, and

infringing the Academy's

trademarks.


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Parties

5.

The Academy is, and at all

times

mentioned

herein

was,

a

non-profit

corporation

organized

and

existing

under

the laws

of

the State

ofCalifornia,

with

its

principal place of

business

in Beverly Hills,

California.

The Academy was founded

in

1927

by a

distinguished

group of

motion picture

industry leaders for the

purposes

of, inter alia,

advancing motion picture arts

and

sciences

and

promoting cultural, educational and

technological

progress inthemotion picture industry.

6.

The Academy

is

informed

and believes,

and on

that

basis

alleges,

that

Defendant Key

Access, Inc. ( Key

Access )

is a corporation

organized and existing under

the

laws

of

the

State

of

California,

with

its

principal

place

cf

business

in

Los

Angeles,

California.

Key Access purports to be a

commercial

ticket broker,

which

offers

to

provide

access to major celebrity events, including Academy Awards® ceremonies.

7. The

Academy is informed

and

believes,

and

on

that basis alleges,

that

Defendant

Dave Canter ( Canter )

is an individual residing in

Los

Angeles,

California. The

Academy

is

further

informed

and believes, and

on that

basis

alleges, that

Canter is, and

at all

relevant times was, the founder, owner, and

chief

executive

officer

ofKey Access.

8. The true names

and

capacities ofDefendants Does 1through 50, inclusive,

are presently unknown to the Academy, who therefore

sues

said defendants by such

fictitious

names

pursuant toCalifornia Code ofCivil Procedure §47^.

The

Academy is informed and

believes,

and

on that

basis alleges, that

each of

the fictitiously named defendants is

responsible

in

some manner for

the

occurrences alleged herein. The Academy

therefore

sues

these

defendants by

such fictitious names and

will

amend this

complaint

to state their true

names andcapacities when such names have been ascertained.

9.

The

Academy is informed

and

believes,

and

on that basis alleges, that a t all

times mentioned

herein, each

defendant was acting as

the

actual

or

ostensible agent,

employee

and/or

co-conspirator

ofeach

other defendant

and,

in

performing

the actions

alleged herein, was

acting in

the

course and

scope of

such agency,

employment and/or

conspiracy.


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10. The Academy is informed and believes, and on that basis alleges, that at all

timesmentioned

herein,

Key Access

has been and now

is a

mere shell,

instrumentality,

and

conduit through

which

Canter

and Does 1

through

50

have been

and

are

conducting the

sale

or transferof Academy Awards® ceremony tickets. The Academy is further informed and

believes, and on that

basis

alleges,

that Canter

and Does. 1

through

50havebeenand are

directly managing, controlling, and dominating theoperations of Key Access, and thata

unity

of

interest hasexisted and currently doesexist

between

Key Access,on the one

hand,

andCanterandDoes 1through 50,

on the other.

Under

the

circumstances, adherence to the

fiction ofa

separate

legal existence

ofKeyAccess

would promote injustice. To avoidan

inequitable

result,

KeyAccess

should

be

regarded

as

the

alter

ego

of

Canter

and

Does1

through 50.

Jurisdic t ion

and

Venue

11. Subject matterjurisdiction

isproper in thisCourt

because the amount in

controversy exceeds this

Court's jurisdictional

minimum. Venue is

proper

inLos Angeles

County because the Academy isa

resident

ofLos Angeles

County,

Canter and Key Access

are residents ofLos AngelesCounty, the county in

which

Does 1 through 50 reside is

unknown to the Academy, and

a substantial part of the events

giving riseto the claims for

relief,

including the

breach

of the contract in issue and the trespass atthe AcademyAwards®

ceremony, occurred in Los Angeles County.

Allegations

Common to All

Causes

o f Action

12.

The

Academyannuallypresentsthe private

invitation-only ceremony for the

Academy Awards® to honoroutstanding

achievements in

the film industry. The Academy

owns trademark registrations forOSCAR®, OSCARS®, ACADEMY AWARD®, and

ACADEMY

AWARDS®,

and diligently acts to ensure that they are used in a manner

consistent with the Academy's

rights and the highest standards.


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13. The Academy provides Academy Awards® tickets to select recipients

pursuantto a contract providing,

interalia,

that such tickets will not be sold or transferred.

Specifically, the

Academy Awards® ticket

order form,

which

all

recipients

are

required

to

sign, expressly provides:

Invitedguests are

reminded

that

the Academy Awards®

presentation is a

private invitation-only

function. Tickets are not

transferable.

By accepting

tickets to the Awards presentation, you are agreeing that you will not in turn

sell them or give them away. Any person inattendance who isnot aninvited

guestor accompanying

an

invited guest may be subject to prosecution.

A true and correct copy of an exemplar 2016 Academy Awards® ticket order form is

attached hereto

as

Exhibit

1.

14.

When Academy

members receive

Academy

Awards® tickets,they

are

required

to sign a receipt. By

signing

the receipt,

the

recipient

agrees

to the following terms,

statedon the receipt: I understand and

agree that Academy

Awards tickets arenot

transferable. Any transferred tickets will be

revoked

and

their bearers deemed trespassers at

the ceremony. A true andcorrect copyof an exemplar2016Academy Awards®ticket

receipt is attached hereto as Exhibit 2.

15. The ticket envelope containing the Academy Awards®tickets states:

Invited guests

are

reminded that

the

Academy Awards®

presentation

isa

private,

invitation-only

function.

Tickets arenot transferable. By accepting

tickets to the

Awardspresentation youare

agreeing

thatyou will not in turnsellthem orgive

them away. Any transferred

tickets will be revoked

andtheir bearers deemed

trespassers at the ceremony.

A

true and correct

copy

of an exemplar 2016 Academy Awards®

ticket envelope is

attached

hereto as

Exhibit

3.

16.

Finally, each

Academy Awards®

ticket

hasthe following

imprinted legend:

THIS TICKET IS NOT

TRANSFERABLE

AND MAY NOT BE USED

FOR

PROMOTIONAL,

ADVERTISING

OR

OTHER TRADE

PURPOSES. Any

ticket

sold

or otherwise

transferred

to a

third party

will be

deemed

revoked. Any

person inattendance who

is

notan invited guest or accompanying an invited

guest

may be subjectto ejection,

or civiland/or criminal

prosecution.

A true and correct copy of an exemplar 2016 Academy Awards® ticket is attachedheretoas

Exhibit

.4 .


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17.

Some Academy

invitees

are induced to sell or transfer their Academy

Awards®

tickets,in

breach

of

their agreements

not to

sell

or transfer the ticketswhen

commercial ticket brokers offer them

payments

far in

excess

of

the

face

value

of

the tickets.

The

commercial

ticket brokers

then

resell

or transfer the tickets to

members

of the general

public,

thereby

encouraging and facilitating their trespass at the Academy

Awards®

ceremony.

.18.

The

Academy

is

informed and believes, and

on

that basis

alleges,

that

Defendants

have engaged,

and will

continue to engage,

inthe unauthorized

sale and transfer

of

Academy Awards®

tickets to members of

the

public.

The Academy

is further informed

and

believes,

and

on

that

basis

alleges, that

at

all

times mentioned herein,

Defendants were

aware that the Academy Awards®

tickets were notsaleableor

transferable as statedon the

tickets.

19. In particular, Defendants placedan advertisement on the website

Craigslist.org

in February

2016 (the Craigslist

Ad ),

offering

to sell

Academy

Awards®

tickets for $37,000 each.

20.

The

Academy is informed

and believes, and

on that basis

alleges, that

Defendants

were

contacted

by a

third party

about

the tickets Defendants advertised

intheir

Craigslist

Ad. In

response, Travis Pilling ( Pilling ), an employee

of

Defendants, and

Canter,

communicated with

the

third

party

and specifically offered for

sale

two Academy

Awards® orchestra

level

tickets for 45,000 each and two

Academy Awards®

first

level

balcony tickets for 27,500

each. They provided wire instructions

for the electronic

transfer

of

funds

to

purchase

the

tickets. The transaction with that

third party

was not

consummated.

21. The Academy is informed

and

believes,

and

on

that

basis alleges,

that

Defendants sold

and/or transferred

Academy Awards®

tickets

to unnamed parties

who

used

the unlawfully

obtained

Academy Award® tickets

and committed trespass by

attending

the

2016 Academy Awards® ceremony.

22. On February 25, 2016, the Academy became

aware

thatDefendants were

displaying the mark Oscars® and statuettes that are substantially or confusingly similar to.

. . -A:


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the Academy's Oscar® statuette on

Key Access's web site,

keyaccessworldwide.com. A

true and correct copy

of

printouts from the Key Access website areattached hereto

collectively as Exhibit 5.

23. On February 26,

2016, the Academy, through its

attorneys, sent a letter to

Defendantsdemanding, interalia, that they cease and desist fromany unauthorizedsaleor

transfer ofAcademy Awards®

tickets and from the use of the

Academy's trademarks. A

true and correct copy of the February 26, 2016 letter to Defendants is attached hereto as

Exhibit

6.

24. Defendants responded

to the letter several times

over the next two days,

statingthat their infringement

of

the

Academy's trademarks was

inadvertent. Defendants

denied offering any tickets for sale but refused to provide any information to counsel for the

Academy about their

communications regarding selling tickets.

Firs t Cause

o f

Act ion

fo r

Inducing Breach o f

Contract

(Against

All

Defendants)

25. The Academy realleges and incorporates by reference paragraphs .1 through

24, above, asthough fully set forth herein.

26. There is awritten contract between the Academy and the Academy s invitees

to Academy Awards® ceremonies who purchase or receive tickets from the Academy,

constituted by the languageon each Academy Awards® ticket, ticket order form, receipt and

envelope enclosing tickets, providing,

inter alia, that the

recipientwill not sell or transferthe

tickets (the Academy Awards Ticket Contract ).

27. At all times mentioned herein, Defendants have had both actual and

constructive knowledge

of

the Academy AwardsTicket Contract and its terms. Among

other things, the contractual language appears on all tickets, and the existence

of

the contract

hasbeen explained to Defendants by the Academy's attorneys.


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28. Defendants' conduct

as alleged above, including

purchasing Academy

Awards® tickets from the Academy's invitees to the Academy Awards® ceremonies,

constitutes an inducement to

breach the Academy Awards Ticket

Contract.

29. Invitees to the

Academy Awards® ceremonies

who have purchased or

received tickets from the Academy have

breached theAcademy

AwardsTicket

Contract

by

selling and/or transferringtickets to Defendants.

30. As an actual and proximate result of Defendants', inducing breaches of the

Academy Awards Ticket Contract,

the Academy has been

andwill be damaged in anamount

to be proved attrial.

31. In committing the

acts

alleged

herein,

Defendants

actedwith knowledge, and

with willful and conscious disregard, of the Academy's rights. Furthermore, Defendants

acted despicably, and with oppression

and

malice,

inthatthey

intended to

cause

injury to the

Academy and jeopardize security at

the Academy Awards®

ceremonies. Therefore, the

Academy isentitledto recover

exemplary

and punitive damages inanamountto beproved

at trial.

32. Unless the Academy's contract rightsare protected, the Academy will suffer

substantial incalculable and irreparable injury, and monetary damages will not provide

adequate compensation. Therefore, the Academy also is entitled to preliminary and

permanentinjunctive relief enjoining Defendants,duringthe pendency

of

this actionand

permanently thereafter,

from directlyor indirectly purchasing,

receiving, sellingor

transferring

tickets to any

Academy

Awards®

ceremony

or

soliciting

the

purchase,

sale or

transfer of tickets to anyAcademy Awards®ceremony.

Second Cause o f Act ion fo r

In te rfe rence wi th

Contrac t

(Against All Defendants)

33. The Academy

realleges and incorporates by

reference paragraphs 1

through

32, above, as though fully set forth herein.


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Thi rd Cause of Action for

Aiding

and

Abett ing

Trespass


40. The Academy realleges and incorporates by reference paragraphs 1 through

39, above, as though

fully

set

forth herein.

41. The Academy has rented the Dolby Theatre (the Theatre ) for the 2016

AcademyAwards®ceremonyand for

future Academy

Awards® ceremonies. Accordingly,

the Academyhas had the right, and will have the right, to theexclusivepossessionof the

Theatre during the days

of

the Academy Awards® ceremonies.

42. Permission to enter the Theatre for Academy Awards® ceremonies is

restricted to invitees of the Academy.

43. Persons who.purchased tickets to an Academy Awards® ceremonydirectlyor

indirectly from Defendants, and who used such tickets to enter the Theatre for the ceremony,

were trespassers. The entry by such persons into the Theatre was an intentional,wrongful

intrusion into a private event on private property.

44. Defendants' conduct as alleged above, includingpurchasing, receiving,

sellingand transferringtickets to

Academy

Awards® ceremcniesand solicitingthe

purchase, sale,or transferof tickets toAcademy Awards® ceremonies, constitutesan

inducement to, and aidingand abetting of, trespassby personswho receive such tickets.

45. As an actual and proximate result of the inducement to, and aiding and

abettingof, such trespass, the Academy has been and will bedamaged in an amount to be

proved at trial.

46. In committing the acts alleged herein, Defendants acted with knowledge, and

with willful and conscious disregard, of the Academy's rights. Furthermore, Defendants

acted despicably, and with oppression and malice, in that the;- intendedto cause injury to the

Academy and jeopardize security at the AcademyAwards® ceremonies. Therefore, the

Academy is entitled to recover exemplary and punitive damages inan amount to be proved

a t trial.

•

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47. Unless the

Academy's

contract rights are protected, the

Academy

will

suffer

substantial

incalculable and

irreparable

injury,

and monetary damages

will not

provide

adequate

compensation. Therefore,

the Academy also

is

entitled

to

preliminary

and

permanent

injunctive reliefenjoining

Defendants,

during

the

pendency

of

this

action

and

permanently thereafter, from

directly

or indirectly

purchasing,

receiving, selling or

transferring tickets to any

Academy Awards®

ceremony or soliciting the purchase, sale, or

transfer of tickets to anyAcademy Awards® ceremony.

Fourth

Cause

o f

Action

fo r

Conspiracy

to

Commit

Trespass


48. The

Academy

realleges and incorporates by reference paragraphs 1through

47, above, as though fully set forth

herein.

49. The

Academy

has rented the

Dolby

Theatre (the

Theatre )

for

the2016

Academy

Awards® ceremony and for

future Academy Awards®

ceremonies.

Accordingly,

the Academy has had the right, and will have the right, to the exclusive possession

of

the

Theatre

during

the

days

of

the

Academy Awards®

ceremonies.

50. Permission to

enter

the

Theatre for

Academy

Awards®

ceremonies is

restricted to invitees of the Academy.

51.

Persons

who

purchased

tickets

to an Academy

Awards® ceremony directly or

indirectly from Defendants, and who used such tickets to enter the Theatre, were trespassers.

The entry

by such

persons

into the Theatre was an

intentional,

wrongful

intrusion

into a

private event on

private

property.

52. Defendants have conspired with the original recipients of the tickets, as well

as

the persons who

used

the tickets to enter the Theatre, to

commit

trespasses.

53. As an

actual

and proximate

result

of the conspiracy to commit

trespass,

and

the actual trespass, the Academy has been

and

will be damaged in

an amount

to be proved at

trial.

-11-


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54. In

committing

the

acts alleged

herein,

Defendants acted with knowledge, and

with

willful and conscious

disregard, of the Academy's rights. Furthermore, Defendants

acted

despicably,

and

with oppression

and

malice,

in

that

they

intended

to

cause

injury

to

the

Academy

and

jeopardize

security

at the Academy Awards®

ceremonies. Therefore,

the

Academy is

entitled to recover

exemplary

and

punitive

damages in an amount to be proved

at

trial.

55. Unless the

Academy's

contract rights

are

protected, the

Academy will suffer

substantial

incalculable and irreparable injury, and monetary damages will not provide

adequate

compensation.

Therefore, the Academy also is entitled to preliminary and

permanent

injunctive

relief

enjoining Defendants, during

the

pendency

of

this

action

and

permanently thereafter, from

directly

or

indirectly purchasing,

receiving, selling or

transferring

tickets

to any

Academy Awards® ceremony

or

soliciting the purchase,

sale, or

transfer of tickets to anyAcademy Awards® ceremony.

Fifth Cause o f Action fo r

Trademark Infringement under 15

U.S.C.

§ 1114(1)


56. The

Academy

realleges

and

incorporates

by

reference

paragraphs

1

through

55, above, asthough fully set forth herein.

57.

For

many

years

prior

to

the

conduct alleged herein, the Academy

adopted and

has used its Oscar® statuette

design

mark and its OSCAR®,

OSCARS®,

ACADEMY

AWARD®, and

ACADEMY

AWARDS® word marks (collectively, the Marks ) in

interstate

commerce

in connection with, inter

alia,

its production,

advertising and promotion

ofthe annual Academy

Awards®

ceremonies,

and

its

actions

to advance motion picture arts

and sciences and promote

cultural,

educational and technological

progress

inthe motion

picture industry.

58. The Academy's

Marks are

famous and distinctive and

are

registered with the

United

States Patent and

Trademark

Office.

.

-_12-


13/24

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VI

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~

©.

CD

27

•v-.

' ©

28

h

©

99998-09710/7901565.2

59. With actual and/or

constructive

notice of the Academy's

ownership

ofthe

Marks, Defendants have

used

reproductions, copies, imitations, facsimiles and/or depictions

of

the

Marks

in

commerce

in

connection

with

advertising, promoting,

offering

for

sale,

distributionand sale of goods in a manner likely to cause confusion ormistake or to deceive.

60. Defendants' acts constitute

trademark

infringement in violation of Section

32(1) of

the

Trademark Actof 1946, as

amended,

15 U.S.C. § 1114(1).

61.

As an actual

and

proximate result of Defendants'

trademark

infringement, the

Academy hasbeenand will be damaged inan

amount

to be

proved

at trial. As a further

actual and proximate

result of Defendants' trademark infringement,

Defendants have

unjustlyreceived

profits

inan

amountto be provedat trial.

62.

Unless

the

Academy's

contract

rights

are protected, the Academy will suffer

substantial incalculable

and

irreparable injury, and monetary

damages

will not provide

adequate compensation. Therefore, the

Academy

also

is entitled

to preliminary

and

permanent

injunctive relief

enjoining Defendants, during the

pendencyof this action

and

permanently thereafter, from directly or indirectly

using

the Academy's Marks in connection

with

the sale,

offering

for sale,

distribution or

advertising

of

goods

or services, orin

any

manner

likely to

cause confusion

or

mistake

or to

deceive

the

trade

or

public.

63.

Defendants' trademark

infringement

was

willful.

Its use

of

the

registered

trademark ® symbol in connection with the Academy's Oscar®

wordmark shows its

awareness of the Academy's trademark rights. Furthermore, Defendants know that the

Academy objects to

their

use of

the

Marks.

Therefore,

the

Academy,

is entitled to

recover

three times Defendants' profits and the Academy's damages, reasonable attorneys' fees,

and

the costs

of

suit pursuantto 15

U.S.C.

§

1117.

-13-


14/24

•©

VI

©

©

t o

©

1

2

3

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©

99998-09710/7901565.2

Sixth Cause of Action for

California Common Law Trademark Infringement

(Against

AH

Defendants)

64.

The

Academy

realleges and incorporates by reference paragraphs

1

through

63, above, as though

fully

set forth herein.

65. Prior to the conduct alleged

herein, the

Academy adopted and used the Marks

in interstate commerce in

connection

with, inter alia,

its production, advertising

and

promotion ofthe Academy

Awards®

ceremonies, and its actions to advance motion picture

arts and sciences and promote cultural,

educational

and

technological progress

in the motion

picture industry.

66. The Academy's

Marks

are

famous and

distinctive.

67.

With

actual and/or constructive notice of

the

Academy s ownership

of

the

Marks, Defendants

have used,

without the Academy's

consent,

reproductions, copies,

imitations,

facsimiles

and/or

depictions of the Marks

in

commerce

in

connection with

advertising, promoting, offering

for sale, distribution and sale ofgoods in amanner

likely

to

cause confusion

or mistake

or to

deceive.

68.

As

an

actual and

proximate

result

of

Defendants'

trademark infringement, the

Academy has

been and will be

damaged in

an

amount

to be

proved

at

trial. As

a

further

actual and

proximate

result of

Defendants' trademark infringement,

Defendants have

unjustly received profits in

an

amount to be proved

at

trial.

69. Unless the

Academy's

contract rights are

protected,

the

Academy

will

suffer

substantial incalculable and

irreparable

injury, and

monetary

damages will not provide

adequate

compensation.

Therefore, the Academy also is enthled to preliminary and

permanent injunctive relief enjoining Defendants, during the pendency

of

this

action

and

permanently

thereafter,

from

directly or indirectly using the Academy's Marks

in

connection

with the

sale, offering for sale, distribution or

advertising

of

goods

or services, or in any

manner likely to cause confusion or

mistake

or to deceive

the

trade or

public.

-14-


15/24

©

VI

©

©

©

2

3

4

5

6

7

8

9

10

11

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. 13

14

15

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©

99998-09710/7901565.2

Seventh Cause of Action for

Trademark

Dilution

under

15 U.S.C. §

1125 c)

and Cal. Bus.

Prof. Code

§ 14247


70. The Academy realleges and incorporates by reference paragraphs 1through

69, above, as

though

fully set forth

herein.

71. The Academy's Marks

are

famous and distinctive. The Academy s Marks

are

registered

on

the

Principal Trademark Register. The Marks

^re

so well recognized that they

have their own definitions in the Oxford English

Dictionary

and elsewhere.

72.

•

Defendants

use

in

commerce

of

the

Academes

Marks

in

connection with

their commercial

activities

is likely to dilute

the

distinctive quality of the Academy s Marks

in

violation

of

Section 43(c)

of the

Lanham

Act,

15

U.S.C. §]125(c) and Cal. Bus. &Prof.

Code §14247.

73. Defendants' use

in commerce of

the Academes

Marks in the

service of

promoting their

products

and services

is

likely

to tarnish the goodwill

associated

with

the

Academy s

Marks in

violation

of Section

43(c) of

the Lanham

Act,

15

U.S.C.

§1125 c).

74.

As

an actual and

proximate result

of

Defendants'

trademark

dilution, the

Academy has been

and

will be damaged,

and Defendants haw been

and will be unjustly

enriched.

Accordingly,

the

Academy is entitled to receive

damages in an

amount to be

proved at trial.

75. Furthermore, because Defendants willfully intended

to

trade on the reputation

of the Academy, and because

this

is an exceptional

case,

the Academy is entitled to recover

Defendants

profits, reasonable

attorney's

fees

and costs

of suit pursuant

to

15 U.S.C.

§ 1117(a).

76. Unless

the

Academy's

contract rights

are

protected, the Academy will

suffer

substantial incalculable

and

irreparable injury, and monetary damages

will

not

provide

adequate

compensation.

Therefore,

the Academy also is

entitled

to preliminary and

permanent injunctive relief enjoining Defendants, during the

pendency of

this action and

. -15-


16/24

©

V I

©

©

to

©

. 1

2

3

4

5

6

7

8

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U

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13

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28

©

99998-09710/7901565.2

permanently thereafter,

from directly or indirectly using the Academy's Marks in any

manner likelyto dilute the Academy's Marks.

Eighth

Cause o f

Action for

Unjust Enrichment


77. The Academy

realleges

and

incorporates

by reference paragraphs

1

through

76,

above, as though fully set forth herein.

78. As an actual and

proximate

result of their unauthorized sale

and/or transfer

of

tickets

to

Academy

Awards® ceremonies, Defendant

have

received monetary

benefits

in

an

amount to be proved at trial.

79.

Defendants unjustly retained such monetary benefits

and, therefore,

have been

unjustly enriched at

the

Academy's

expense.

80.

Because Defendants received

and

unjustly retained

such

monetary benefits

from the unauthorized sale or transfer of

Academy Awards®

tickets,

the

Academy is entitled

to the

imposition ofa

constructive

trust on

such benefits for the

Academy's benefit.

Nin th Cause o f Action for

Declaratory Relief


81. The

Academy

hereby realleges and incorporates by reference

paragraphs

1

through 80, above, as though

fully

set forth at

length.

82. An

actual

controversy has arisen and now exists between the Academy,

on

the one hand,

and

Defendants,

on the

other hand, concerning their respective rights and

interests

in

the

purchase,

receipt, sale and transfer

of

tickets

to

Academy

Awards®

ceremonies.

The

Academy contends

that Defendants have

no right to

purchase,

receive,

sell

or

transfer tickets to the Academy Awards® ceremonies. The Academy is informed

and

believes,

and

on

that

basis alleges,

that

Defendants deny the Academy's contentions.

-16-


17/24

©

VI

©

-

to

O

f—

•©

1

2

3

4

5

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7

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13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

99998-09710/7901565.2

83. The

Academy

seeks ajudicial determination of

its rights and

interests

in

the

purchase, receipt,

sale and transfer of tickets to

Academy

Awards®

ceremonies, i e

that

Defendants

have

no

right

to

purchase,

receive,

sell

or

transfer

tickets

to

Academy

Awards®

ceremonies.

84.

A

udicial declaration

is

necessary

and

appropriate at this time so that the

Academy

and

Defendants

may

ascertain

their rights,

interests,

obligations and

duties

with,

respect to the

purchase,

receipt, sale and

transfer of

tickets

to

Academy Awards®

ceremonies, and to avoid

a

multiplicity

ofactions.

Prayer

fo r Relief

WHEREFORE, the

Academy

prays

for judgment against Defendants,

and each

of

them,

as follows:

1 For compensatory damages

in

an amount to be proved at trial;

2. For punitive

and

exemplary damages in

an

amount to be proved

at

trial;

3.

For injunctive relief enjoining Defendants, their

officers, agents,

employees,

affiliates, representatives, successors and assigns, and all persons acting in concert with any

such

persons,

during

the

pendency

of

this action

and

permanently

thereafter,

from

directly

or

indirectly:

(a)

Purchasing,

receiving, selling or transferring, or offering to purchase,

receive, sell or transfer, tickets

to any

Academy Awards®

ceremony;

(b) soliciting the

purchase, receipt, sale

or transfer of

tickets

to

any

Academy

Awards® ceremony;

(c)

performing any

act as

an intermediary or

broker related to

the

purchase, receipt,

sale

or transfer of tickets to any Academy Awards®

ceremony;

(d) making, advertising

or publishing any

offer to

purchase, receive, sell

or

transfer,

or

otherwise act in any

manner

to aid, abei, assist

or

facilitate the

purchase, receipt,

sale

or

transfer, of tickets

to any

Academy

Awards®

ceremony;

or

17-


18/24

1

e) using, displaying,

marketing,

distributing, advertising, transferring, or

2

selling

any

goods

or services using

any of

the Academy's trademarks

or otherwise

3

creating

a

false

association with

the

Academy

or the

Oscars®;

4

4.

For

a

judicial

declaration

of

the parties'

rights and interests, i e that

• 5

Defendants have no

right to purchase, receive,

sell or transfer tickets

to Academy

Awards®

6

ceremonies;

7

5.

For

the

benefits unjustly

retained

by

the Defendants at the Academy s

8

expense

and the

imposition

of a

constructive

trust for the

benefit ofthe Academy

of all

9

proceeds received by

Defendants from

the

unauthorized

receipt,

purchase,

sale

or

transfer of

10

tickets

to

Academy

Awards®

ceremonies;

11

6. For the Academy s damages and Defendants'profits pursuant to 15 U.S.C. §

12

•1117 a)

and, because Defendants conduct

has been willful and this

is

an

exceptional

case,

13

three

times the

amount of the

Academy's damages and Defendants'

profits;

14

7.

For

reasonable

attorneys fees pursuant

to 15

U.S.C.

§§1114 and

1125 a)and

15

applicable

California and

common law;

16

8. For

costs

of

suit

incurred

herein; and

17

18

9. For such other and further relief

as

the Court

may

deem just and proper.

19

20

DEMAND FOR

JURY TRTAT.

The Academy demands ajury trial

on

all causes of action as to which it

is entitled

to-

21

trial by jury.

22

23

24

DATED: May

5, 2016 QUINN EMANUEL

URQUHART &

SULLIVAN, LLP

25

©

? 26

B/L M 7y

©

©

2?

rv. )

' ® 28

Christopher Tayback

Attorneys

for Plaintiff Academy of

Motion

Picture

Arts andSciences

©

99998-09710/7901565.2

-18-


19/24

V

—rS?K^?|.^IX.lft?W9uTATJ5?^Y/Nam8.

State

Barmmtar,

ana

atUiess)-

QUINN EMANUEL

URQUHART &SULLIVAN, LLP

Christopher Tayback (BarNo. 145532)

Gary

E.

Gans (Bar

No. 89537)

865

South

Figueroa

Street,

10th Floor,

Los

Angeles, California 90017

telephoned- (213) 443-3000 faxno.:

(213)

443-3100

attorney for (Nam): PlaintiffAcademy ofMotion Picture Artsand

Sciences

CM-010

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

LOS

AngeleS

street address: 111

North

Hill

Street

MAILING

ADDRESS:

city and

zip

code:

Los Angeles 90012

branch name: Central

District

CASE NAME:

Academy ofMotion Picture

Arts

&Sciences v.

Key

Access

FOR COURTUSE ON Y

superior

Court

ofCalifornia

Cowtv of tos Anqeles

MAY 06 2016

She rriR. Ca- live

Officer/Clerk

Deputy

CIVIL

CASE

COVER

SHEET

CZ] Unlimited

Limited

(Amount

(Amount

demanded demanded

is

exceeds

25,000)

25,000

orless)

ComplexCase Designation

Counter Joinder

Filed with first

appearance

by

defendant

(Cal.

Rules

of

Court, rule 3.402)

CASE NUMBER:

BC'6 19 . 58A

JUDGE:

Items 1-6

below

must be

completed

see

instructbns

on page 2)

1.

Check

one

box below for

thecase

type that

best

describes this

case

HAuto

Tort

Contract

Auto

(22)

LJ Breach of contract/warranty (06)

Uninsured motorist

(46) CZZI Rule 3.740

collections

(09)

J

Other collections

(09)

Insurance coverage (18)

I ]

Other contract (37)

Real Property

I I Eminent domain/Inverse

condemnation

(14)

I I Wrongful eviction (33)

I I

Other

real property (26)

Unlawful

Detainer

Commercial (31)

1

Residential

(32)

I —I Drugs

(38)

Judicial Review

Asset forfeiture (05)

I 1

Petition

re:

arbitration award (11)

I I

Writ

of

mandate

i

Auto Tor t

Auto (22)

Uninsuredmotorist(46)

Other

PI/PD/WD

(Personal Injury/Property

Damage/WrongfulDeath)Tort

__ Asbestos (04)

L_

Product

liability (24)

LJ

Medical

malpractice

(45)

LJ Other PI/PD/WD (23)

Non-PI/PD/WD (Other)Tort

-£J

Business

tort/unfair business

practice

(07)

Civil

rights (08)

^_^ Defamation

(13)

_J

Fraud

(16)

. I

Intellectual

property (19)

Professional negligence (25)

Other

non-PI/PD/WD tort

(35)

a l o ymen t

Wrongful termination

(36)

I I Other employment (15)

(02)

_^_^ I I

Other

judicial review (39)

2So^SiLpSuudTJa,

mTSementderrUle

' 4°°

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^ ^ RU,eS °f^ **


20/24

V.

T«Dia„»«- w«u

INSTRUCTIONS

ON HOW TO

COMPLETE

THE COVER SHFFT CM-010

statJstics

about the

types andnumbenT of cases

2 ^rSSStTK ?

t° T-1

^

'l0™ 0 Wi

be use


21/24

SHORTTITLE

Academy

of

Motion Picture Arts and

Sciences

v.

Key

Access,

et aI

|CASENU*3ER

BC6 19 5 84

CIVIL

CASE COVER SHEET

ADDENDUM AND

STATEMENT

OF LOCATION

CERTIFICATE

OF GROUNDS

FOR ASSIGNM^NTjr^cOURTHOUSE LOCATION)

This

form

s

required

pursuant

to

Local Rule

2.3

in all

new

civil

case

filings

in

the

Los

Angeles

Superior Court

o i

ID

St6P 1: CotmnTtK6 8 ^

^f**

^ ^

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^^

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22/24

£

SHORT

TITLE

Academy

of Motion Picture Arts and

Sciences

v. Key Access, et al

CASE NUMBER

A

Civil

Case

Cover

Sheet

CategoryNo.

B

Type of Action

(Check onlyone)

C

Applicable

Reasons-See Step:

Above

I

3

.3

BusinessTort(07)

3 A6029 Other Commercial/Business

Tort

(not fraud/breach of contract)

i©>

Civil

Rights (08)

D A6005 Civil Rights/Discrimination

1.2,3

Defamation (13)

O A6010 Defamation (slander/libel)

1,2,3

DamagWrong

Fraud(16)

D

A6013

Fraud

(no contract)

1,2,3

Professional Negligence (25)

A6017 Legal

Malpractice

D

A6050

Other

Professional

Malpractice (not medical or

legal)

1,2,3

1,2,3

Other(35)

A6025 Other Non-Personal Injury/Property Damage tort

1,2,3

Wrongful Termination (36)

A6037 Wrongful

Termination

1,2,3

Other

Employment

(15)

D

A6024 Other

Employment Complaint

Case

' A6109 LaborCommissioner Appeals

1,2,3

10

Breach ofContract/

Warranty

(06)

(not insurance)

D

A6004

Breach

of Rental/Lease

Contract

(not unlawful

detainer or wronqful

eviction)

Q

A6008

Contract/Warranty

Breach

-Seller

Plaintiff (no fraud/negligence)

A6019 Negligent Breach

of

Contract/Warranty

(no fraud)

D A6028

Other Breach of Contract/Warranty (not

fraud or negligence)

2 ,5

2 ,5

1,2,5

1,2,5

Collections(09)-

A6002 CollectionsCase-Seller Plaintiff

D A6012 OtherPromissory Note/ColleclionsCase

D A6034 Collections Case-Purchased Debt

(Charged Off

Consumer

Debt

Purchased on or

after

January 1

2014)

5,6,11

5,11

5,6,11

Insurance Coverage (18)

O

A6015

Insurance

Coverage

(not complex}

1,2,5,8

Other

Contract (37)

D A6009 Con tra ctu al Fraud

O A6031 Tortious Interference

D

A6027 Other Contract

Dispute(not

breach/insurance/fraud/negligence)

1,2,3,

5

1,2,3,5

1,2,3,8,9

>.

Eminent Domain/Inverse

Condemnation (14)

D

A7300 Eminent Domain/Condemnation

Number

of

parcels

2 ,6

8.

S

Wrongful

Eviction

(33)

D A6023 Wrongful Eviction

Case

2,6

cs

OtherRealProperty (26)

D A6018

Mortgage

Foreclosure

A6032

Quiet Title

A6060

Other

Real Properly

(not

eminent

domain,

landlord/tenant,

foreclosure)

2,6

2 ,6

2,6

c

UnlawfulDetainer-Commercial

(31)

Q A6021

Unlawful

Detainer-Commercial (nol drugs or wrongful eviction)

6,11

51

Unlawful Detainer-Residential

(32)

A6020 Unlawful Detainer-Residential (not

drugs

or wrongful eviction)

6,11

-1

Unlawful

Detainer-

Post-Foreclosure (34)

D

A6020FUnlawful

Detainer-Post-Foreclosure

2,6,11

N.P

Unlawful Detainer-Drugs

(38)

A6022 Unlawful

Detainer-Drugs

2,6,11

cn

LACIV109(1

LASCAppro\

*ev2/i6) CIVIL CASE COVER SHEET ADDENDUM

Loc

^O3 04

AND

STATEMENT

OF LOCATION f

£l Rule 2. 3

'age

2 of 4


23/24

SHORT

TITLE:

Academy of Motion

Picture

Arts

and Sciences v

Key Access,

et

al

5

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Civil Case Cover Sheet

Category No.

AssetForfeiture (05)

Petition

re

Arbitration

(11)

Writ ofMandate (02)

Other Judicial

Review

(39)

CASE NUMBER

B

Type of Action

(Check

only

one)

A6108 Asset Forfeiture Case

D A6115

Petition

to

Compel/Confirm/Vacate Arbitration

A6151 Writ-Administrative

Mandamus

D A6152 Writ -Mandamus on Limited

Court

Case

Matter

A6153 Writ-OtherLimited Court Case Review

D A6150 OtherWrit /Judicial Review

Antitrust/Trade

Regulation

(03)

D

A6003 Antitrust/Trade

Regulation

Construction Defect (10)

Claims Involving Mass

Tort

(40).

Securities Litigation (28)

Toxic Tort

Environmental (30)

Insurance CoverageClaims

from Complex Case (41)

Enforcement

of Judgment (20)

RICO(27)

OtherComplaints

(Not

Specified

Above)(42)

Partnership

Corporation

Governance(21)

Other

Petitions (Not

Specified Above) (43)

D A6007

ConstructionDefecl

A6006 Claims

Involving

Mass Ton

A6035 Securities Litigation Case

A6036 Toxic

Tort/Environmenlal

D

A6014 Insurance Coverage/Subrogation (complex case only)

D

A6141

Sister State Judgment

D

A6160

Abstract of

Judgment

D A6107

Confession of Judgment (non-domestic

relations)

A6140 Administrative Agency Award

(not

unpaid laxes)

D

A6114

Petition/Certificate for Entry of

Judgment

on Unpaid Tax

D A6112

Other

Enforcement of

Judgment

Case

D A6033 Racketeering (RICO) Case

A6030 Declaratory Relief Only

D A6040 Injunctive Relief

Only

(not domestic/harassment)

D A6011 Other Commercial Complaint

Case non-tort/non-complex)

D A6000 Other Civil Complaint

(non-torVnon-complex)

D

A6113 Partnership

and Corporate

Governance

Case

D A6121 Civil Harassment

D

A6123

WorkplaceHarassment

D

A6124 Elder/Dependent Adult

Abuse Case

A6190

Election Contest

D.

A6110

Petition for

Change

of Name/Change

of Gender

D A6170

Petition

for

Relief from

Late

Claim Law

D A6100 Other Civil Petition

LACIV 109(Rev

2/16)

LASC Approved 03-04

CIVIL CASE

COVER

SHEET ADDENDUM

ANDSTATEMENTOF LOCATION

C Applicable

Reasons

- See Step3

Above

2,3.6

2,5

2 ,8

2

2

2,8

1, 2, 8

1,2,3

1,2,8

1,2,8

1,2,3,8

1,2,5,8

2,5,11

2,6

2,9

2 ,8

2,8

2,8,9

1,2 ,8

1,2 ,6

2,6

1,2,8

1,2 ,8

2 .8

2,3,9

2,3 ,9

2,3 ,9

2

2,7

2,3,8

2 ,9

Local

Rule 2.3

Page 3 of 4


24/24

SHORT TITLE:

Academy

of

Motion Picture Arts and

Sciences v. Key Access,

et a

CASEINUM3ER

^S=S?£^~ -«~-- = -==s==s=

REASON:

U1.W2.U3.U4.U5.U6.U7. U

8.

U 9.U10.U11...

CITY:

LosAngeles

STATE:

CA

ZIP

CODE:

90028

Key Access, Inc.

6565 W. Sunset Blvd. Ste. 425

Step 5: Certification Of Assignment: Icertify

that

this

case is properly filed

in

the Central

the

Superior

Court of

California,

County

of Los

Angeles [Code

Civ. Proc,

§392

et

seq., and

Local Rule 2.3 a) 1) E)].

Dated: Ma V

2016

(SIGNATURE

OF

ATTORNEY/RUNG PARTY)

District of

.cSS^^R^^S?^? C°MPLETED AN° READY T° ^ED

IN

ORDER TO PROPERLY

Original Complaint or Petition.

If filing aComplaint, acompleted Summons form for

issuance

by the Clerk.

Civil

Case Cover Sheet, Judicial Council form CM-010.

Ciyil

Case

Cover

Sheet Addendum

and Statement

of

Location form, LACfV 109, LASC

Approved

03-04 Rev.

Payment in full

of the filing

fee,

unless

there is

court order for waiver, partial or

scheduled payments.

6 -mK» 8 « ^

1.

2.

3.

4 .

5.

CD

LACIV

109 (Rev2/16)

Academy of Motion Picture Arts and Sciences v. Key Access - ticket selling complaint.pdf

Documents

Transcript of Academy of Motion Picture Arts and Sciences v. Key Access - ticket selling complaint.pdf