Case 2:15-cv-05761-R-PLA Document 1 Filed 07/29/15 Page 1 of 6 Page ID #:1 1 R. Shapiro tion (S-B. No 37011) 2 Suite 3 4 5 11 90049 310 472 8900 Phone 301 472 4600 Fax Attorney for Plaintiff Endre Balogh 6 UNITED STATES DISTRICT COURT 1 CENTRAL DISTRICT OF CALIFORNIA (WESTERN DTV S ON) 8 9 10 11 I2 ENDRE BALOGH Plaintiff, 13 I4 15 L6 I1 vs. 20 27 22 24 25 26 21 28 1) Violation of Federal Gopyright Act 2) Injunction TOBY ALEXANDER, AKA SWAMI SHIVANANDA BRAHMANANDA, SOUL LEVEL CLEARING, DNA REPATTERNING AND ACTIVATION OF THE HIGHER SELF 18 I9 Civil Action No: Defendants 3) Attorney Fees 4) Punitive Damages Case 2:15-cv-05761-R-PLA Document 1 Filed 07/29/15 Page 2 of 6 Page ID #:2 COMPLAINT FOR COPYRIGHT INFRINGEMENT JURISDICTION AND VENUE 1. PLAINTIFF, at all times mentioned herein, is an individual living in Los Angeles County, California. 2. PLAINTIFF is informed and believes that all of the DEFENDANTS reside and have their principal place of business in Santa Barbara, California within the Jurisdiction of this Honorable Court. 3. This claim that is the basis of this action arises under Title 17 ot the United States code, the GOPYRIGHT ACT that confers exclusive jurisdiction of any claims under said act to the Federal Courts. FACTS COMMON TO ALL COUNTS 4. PLAINTIFF is the copyright proprietor of a series of original artistic designs and characteristics collectively known and referred to herein as "SAGRED GEOMETRY". 5. PLAINTIFF is informed and believes that DEFENDANTS, and each of them produced or caused to be produced and distributed or caused to be distributed a "meditation video" entitled, "SOUL LEVEL CLEARING, DNA REPATTERNING, AND ACTIVATION OF THE HIGHER SELF" bearing a "Copyright (c) Toby Alexander, 2014" notice. Case 2:15-cv-05761-R-PLA Document 1 Filed 07/29/15 Page 3 of 6 Page ID #:3 6. Attached hereto and marked as Exhibit "A" is a list of all "SACRED GEOMETRY" copyrighted material that has been, without any authority, written or oral, unlawfully, intentionally and maliciously appropriated by the DEFENDANT, and all of them, in direct violation of PLAINTIFF'S rights. 7. PLAINTIFF further claims that by DEFENDANT Toby Alexander placing a copyright notice on the "meditation video" in a manner blatantly in violation of the rights of PLAINTIFF, said action by said DEFENDANT is willful, malicious and intentional. FIRST CAUSE OF ACTION (Copyright Violation) 7. PLAINTIFF hereby incorporates by this reference paragraphs 4-7 above as fully set forth herein. 8. PLAINTIFF alleges that none of the DEFENDANTS at any time were issued a license to use any "SACRED GEOMETRY" in any of its publications in any media, including, but not limited to SOUL LEVEL CLEARING, DNA REPATTERNING, AND ACTIVATION OF THE HIGHER SELF that was apparently sold to the public at a price of $977.50.This failure to obtain a license is a direct violation of the FEDERAL COPYRIGHT ACT. 9. There is no agreement between PLAINTIFF and any of the DEFENDANTS allowing said DEFENDANTS, or any of them to use the "SACRED GEOMETRY" noted in EXHIBIT "A", the property of PLAINTIFF. 10. PLAINTIFF has suffered actual damages by virtue of these unauthorized uses of its property as follows: Case 2:15-cv-05761-R-PLA Document 1 Filed 07/29/15 Page 4 of 6 Page ID #:4 a. As against all DEFENDANTS, the sum is believed to be in excess of $100,000. b. As against all DEFENDANTS a sum to be determined at trial for any other unauthorized uses. SECOND CAUSE OF ACTION (TNJUNCTtON) 11 PLAINTIFF hereby incorporates by this reference paragraphs 410b above as fully set forth herein. 12. PLAINTIFF seeks an injunction to prevent any of said DEFENDANTS from using and continuing to use any of the "SACRED GEOMETRY" set forth in EXHIBIT "A". 13. PLAINTIFF has no adequate remedy at law for the following reasons: a. There is no accurate manner to calculate the number of unauthorized uses that can be exhibited on the INTERNET as no such manner exists now or no such is in development. b. Each day the DEFENDANTS continue to use the "SACRED GEOMETRY" and as said damages mount and the likelihood of PLAINTIFF ever receiving said damages are reduced, these DEFENDANTS may well seek the protection of the Bankruptcy Act to escape the payment of any damages. c. DEFENDANTS are continuing to use said "SACRED GEOMETRY" to enhance sales of the soul LEVEL GLEARING, DNA REPATTERNING, AND ACTIVATION OF THE HIGHER SELF meditation videos without any payment being made by Case 2:15-cv-05761-R-PLA Document 1 Filed 07/29/15 Page 5 of 6 Page ID #:5 DEFENDANTS to PLAINTIFF. the owner of "SACRED GEOMETRY". d. While the said "SACRED GEOMETRY" is being unlawfully used by DEFENDANTS, PLAINTIFF is unable to market this sa "SACRED GEOMETRY" and any financial benefits from other licensees as such licenses are usually sought on an exclusive use basis. e. DEFENDANTS are reaping the benefits of PLAINTIFF'S copyright protected work without having to pay for it and if a trial of this matter is not completed for 2-4 years, said DEFENDANTS will have enjoyed benefit to this unauthorized and may never have to compensate PLAINTIFF if DEFENDANTS become insolvent or bankrupt. f. Injunction is the only remedy available to PLAINTIFF to stop these unauthorized uses of its copyright protected intellectual property, THIRD CAUSE OF ACTION (ATTORNEY FEES) 14. PLAINTIFF hereby incorporates paragraphs 4-13 above as fully set forth herein. 15. PLAINTIFF seeks Attorney Fees as provided for in the Federal Copyright Act. WHEREFORE, PLAINTIFF DEMANDS THAT: Case 2:15-cv-05761-R-PLA Document 1 Filed 07/29/15 Page 6 of 6 Page ID #:6 1 2 3 1. Until this case is decided the DEFENDANTS and the DEFENDANT'S agents be enjoined from using, in any manner the "SACRED GEOMETRY" noted in EXHIBIT "A" of this Complaint; 4 5 6 1 8 9 2. Defendants pay to PLAINTIFF the sum of $100,000; 3. 4. DEFENDANTS pay PLAINTIFF interest, costs; 5. DEFENDANTS be ordered to pay Punitive damages in excess of one million dollars for its willful, malicious, egregious behavior 10 11 DEFENDANTS pay Attorney fees; in this matter, and 6. PLAINTIFF be awarded any other just relief. I2 13 DEMAND FOR JURY TRIAL I4 15 INTIFF hereby demands trial by jury in this action. 76 I1 July 29,2015 18 19 20 2I 22 23 24 25 26 21 28 Law Offices of Michael R Shapiro A Professional Corporation 612 N. Sepulveda Blvd. Suite 11 Los Angeles, CA 90049 mickevimc@aol.com 310 472 8900