Case DIVISION Kimberly "Sweet Brown" Wilkins Global Rockstar Management PO. Box 13303 Oklahoma City, OK, 73113 Plaintiff CWOCJ -2012-3851. The Bob Rivers Show COMPLAINT FOR: Ben Music Plagiarism Sampling *iTunes Fraud Clear Channel Radio Negligence 645 Elliott Ave. W. Suite 400 Seattle, WA., 98119 Defendant DEMAND FOR JURY TRAIL Plaintiff complains and for causes of Action alleges as foilows: FIRST CAUSE OF ACTION for Music Plagiarism Sampling) Ptaintifi, Kimberly "Sweet Brown" Wilkins and Global Rockstar Management, appearing Pro se, and demands damages from the Defendant(s), Ben The Bob Rivers Show, Clear Channel Radio, and iTunes, and in support thereof states as follows: 1. That the Plaintiff, Kimberly "Sweet Brown" Wilkins, is an adult citizen of the state of Oklahoma and a resident of Oklahoma County. 2. That the Defendantls), The Bob Rivers Show, Ben Clear Channel, and iTunes, hereinafter referred to as "Defendant", is a radio broadcasting show andlor corporation and music purchase entity in Washington. who engineered andlor produced the song known as I Got Bronchitis" and uploaded the aforementioned song on iTunes to encourage downloads for profit. 3. That on or about April 8, 2012, the Plaintiff, Kimberly "Sweet Brown' Wilkins, was interviewed by a local NEWS station to give her reaction to an apartment tire that occurred in her apartment building. See Exhibit A: Original Interview Link) 4. That on or about April 9, 2012, the Defendant(s) called the Plaintitf(s) for a general radio interview via phone. During the radio interview the Plaintiff(s) was only asked and only answered general questions relating to the apartment lire more fully described above. The did NOT agree to release her likeness or voice to the and were completely unaware of Defendantts) intentions of making a hit song using the Plaintiffs voice andlor likeness. 5. That on or about April 9, 2012, the Defendantts) engineeredtproduced a song and video titled Got Bronchitis" using the Plaintiffs likeness and voice and catch phrases including, but not limited to the following phrases: A. Ain't Nobody got time for That" 8. "Cold Pop' 0. "Ran for my Life" 0. "thought somebody was Bar--B-Que'n E. "Oh, Lord Jesus it's a and all other phrases not mention but EXHIBIT 1 Case 5:13--cv-00026--HE Document 1-1 Filed 01/04/13 Page 2 of 5 originated through the radio interview more fully described above; and began to play the plagiarized song "on~air' on local andlor over syndicated radio shows. See Exhibit B: I Got Bronchitis Link) 6. That on or about April 10, 2012, the uploaded the aforementioned song to iTunes and began to sell the song for profit. (See Exhibit C: iTunes Link) 7. That on or about April 10, 2012, the falsely advertised the Plaintiff as an aware featured artist on the aforementioned song, more fully described below. 8. Prior to uploadinglreleasing the aforementioned song to iTunes the Defendants took pieces of a pre- existing reoording of the Plaintiff and used the pieces to create a new recording for profit. 9. The Defendant did NOT obtain proper clearance and did NOT negotiate a proposal or get permission to use Plaintiffs voice andlor likeness. to. As a result of the aforesaid conduct and music plagiarism sampling of the the Plaintiff(s) sustained injuries and damages more fully described below. Plaintiff(s) further states that if she had known of the actual intention of the Defendant. the Plaintifflsi would NOT have taken such actions more fully described above. SECOND CAUSE OF ACTION Fraud 11. Plaintiff realieges and incorporates by reference each and every allegation contained in paragraph 1 through 10 above it more fully set forth herein at length. 12. On or about April 10, 2012, the Defendant represented to the public that the Piaintiff(s) was an actual contracted feature on the song 'i Got Bronchitis". Theses representations were false and defendants knew the falsity of these statement at the time they were made. 13. Plaintiff is intonned and believes and thereon alleges that Defendants, and each of them, had no intention to pay the Piaintiffls) any proceeds from the profits constructed on iTunes andlor You Tube. 14. Plaintiff(s) is informed and believes and thereon alleges that Defendants, and each of them, uploaded the song entitled I Got Bronchitis" to tum profit and for the specific purpose of depriving the Plaintitfls) of it's funds, to thrall Plaintifi(s) in its business, and to defraud all with malice toward Plaintiff(s). 15. These acts were malicious, fraudulent and oppressive, justifying and award of punitive damages so that Defendants and each of them will not engage is such conduct in the future and make an example of them. 16. As a result of the fraud and aforesaid conduct of the Defendants, the Plaintiffis) sustained injuries and damages more fully described below, without the Plaintifflsi contributing thereto. THIRD CAUSE OF ACTION Negligence 17. The Plaintiff incorporates herein by reference each and every allegation contained in paragraph 1 through 16 above if more fully set forth herein at length. 18. The aforesaid incident(s) occurred as a result of the was proximately caused by the careless, negligent, grossly careless, and reckless conduct of the Defendantls) which consisted inter alia of the following particulars: A. Failing to obtain proper clearance before engineering, producing, and uploading a song sampling the Plaintiffs likeness and voice. B. Failing otherwise to comply with State and Federal intellectual Property Laws, Music Plagiarism Sampling Laws; 0. Otherwise tailing to exercise the degree of care required under the circumstances; and D. Otherwise being negligent. 19. solely as a result of the failure of the Defendant to properly clear samples of the P|aintiff(s) likeness and voice, Ptaintifl(s) has incurred damages including, but not limited to the following: A. Pain and suffering, she has, may, and probably will for an indefinite time in the future suffer great Case 5:13--cv-00026--HE Document 1-1 Filed 01/04/13 Page 3 of 5 pain. post-traumatic stress, anxiety, inconvenience, embarrassment, and mental anguish; B. Emotional Distress; suffered as a response to a sudden, and saddening experience. C. Economic Injury; Deiendant(s) wasiis a direct interference with the Plaintiff(s) ability to make i money; and i D. The Delendant(s) negligent behavior reduces the value of the P|aintiff(s) likeness and voice. WHEREFORE. the Plaintitf(s), Kimberly "Sweet Brown" Wilkins and Global Rockstar management, prays for a iudgment against the Defendantis), and each of them followsfour million dollars for Music Plagiarism Sampling and the value of it's performance 2. For three million five hundred thousand dollars for general damages for defendants' Fraud 3. For Punitive Damages seven million five hundred thousand dollars . 4. For reasonable Attomey fees and cost incurred herein - 5. For such other and further relief as the Court may deem just and proper. Respectfully submitted. Global Rockstar Management and Kimber1y"Sweet Brown" Wilkins PO. Box 13303 Oklahoma City. Oklahoma 73113 501-707~5254 Sign: Sign: i Case 5:13--cv-00026--HE Document 1-1 Filed 01/04/13 Page 4 of 5 Exhibits Exhibit A: see Lucus Man Exhibit B: see Bob Rivers Show Exhibit C: see search I Got Bronchitis IAin't Nobody Got time for that Case 5:13--cv-00026--HE Document 1-1 Filed 01/04/13 Page 5 of 5 ~=rWr or state of Oklahoma county of Okiahoma District court Case Number". Piaintiff: KIMBERLY WILKINS GLOBAL ROCKSTAR MANAGEMERT PO. BOX, 3303 OKLAHOMA CITY, OK, 73113 vs. Defendant: THEN BOB REVERS SHOW BEN EUNES GLEAR CHANNEL RADIO 646 E. ELUOT AVE. W. SUITE 400 SEATTLE, WASHINGTOBL, 98119 For: Giobai Rocksiar Mangemerzt Received by ASAP Process and Mobile Notary on the 28th day of June, 2012 at 4:54 pm to be serveduon REGISTERED AGENT OF CLEAR CHAN MEL 290 E. BASSE ROAD, SAN TX 78209. i, Jennifer Renee Stmupe, being duty swam, depose and say that on the 29th day of June, 2032 at 10:45 am, I: served a AGENT by deiivering a true copy of the COMPLAINT FOR: MUSIC FLAGIARISM SAMPLING, FRAU D, AND NEGLIGENCE with the date and hour of service endorsed thereon by me, to: CLEAR CHANNEL COEHIMUNICATIONS BREKDA KEY LEGAL TO THE LEGAL DEPARTWEENT as Registered Agent at the address of: 200 E. BASSE ROAD, SAN ANTONHD. TX '?8209 on behalf of CLEAR CHANNEL and iniorined said person of the contents therein, in compiiance with state statutes. I certify that i am over the age of have no interest in the above action, and am 3 Certified Process Server, in good standing, in the ?udi<:iai circuit in which the process was served. Subscribed and Sworn to before me on the 1st day of Jenni Renee Strou'p"EUR Juiy, 2012 by the affiant who is personaiiy known to 8 4618 ASAP Process and Mobile Notary .7 .3 3605 Canciiebraook Lane San Anwnio, "rx 78244 (210) 4003935 Notary PublicIuvi-:1 STATEOF TEXAS Gar ab eriei hum AMW Copylight 61992-2011 Databasa Process servers Tooimx Vfifirn