Plaintiffs Metro-Goldwyn-Mayer Studios Inc., Disney Enterprises, Inc., Twentieth Century Fox Film Corporation, Columbia Pictures Industries, Inc., CPT Holdings, Inc., Columbia Pictures Television, Inc., TriStar Television, Inc., TriStar Pictures, Inc., ELP Communications, Paramount Pictures Corporation, Universal City Studios, Inc., and Time Warner Entertainment Co., L.P., (collectively, "Plaintiffs"), for their complaint against Defendants RecordTV.com, David Simon, and Does 1 to 10 (collectively, "Defendants"), allege and aver as follows:

1. MGM: Stargate SG-1 (e.g., Reg. No. PA 920-870); Cagney and Lacey (e.g., Reg. No. PA 201-317); In the Heat of the Night (e.g., Reg. No. PA 380-479); Diamonds Are Forever (e.g., Reg. No. RE 808-180); For Your Eyes Only (e.g., Reg. No. PA 108-671); The Living Daylights (e.g., Reg. No. PA 345-071); The Spy Who Loved Me (e.g., Reg. No. LP 48613); War Games (e.g., Reg. No. PA 176-384); and You Only Live Twice (e.g., Reg. No. RE 712-225). True and correct copies of the copyright registration certificates for the foregoing works are attached hereto as Exhibit A in the order identified above and incorporated herein by this reference.
2. Disney: Hello Again (e.g., Reg. No. PA 342-401); Honey, I Shrunk the Kids (e.g., Reg. No. PA 416-847); My Boyfriend's Back (e.g., Reg. No. PA 641-567); George of the Jungle (e.g., Reg. No. PA 671-091); and A Simple Twist of Fate (e.g., Reg. No. PA 716-937). True and correct copies of the copyright registration certificates for the foregoing works are attached hereto as Exhibit B in the order identified above and incorporated herein by this reference.
3. Fox: Ally McBeal (e.g., Reg. No. PA 958-102); Buffy the Vampire Slayer (e.g., Reg. No. PA 963-758); The X-Files (e.g., Reg. No. PA 957-982); The Simpsons; (e.g., Reg. No. PA 963-743); King of the Hill (e.g., Reg. No. PA 660-457); The Practice (e.g., Reg. No. PA 958-332); Mischief (e.g., Reg. No. PA 241-496); and Alien 3 (e.g., Reg. No. PA 565-581). True and correct copies of the copyright registration certificates for the foregoing works are attached hereto as Exhibit C in the order identified above and incorporated herein by this reference.
4. Columbia: Designing Women (e.g., Reg. No. PA 336-225); Mad About You (e.g., Reg. No. PA 619-316); Married . . . With Children (e.g., Reg. No. PA 388-775); The Nanny (e.g., Reg. No. PA 736-451); Party of Five (e.g., Reg. No. PA 751-180); The Young and the Restless (e.g., Reg. No. PA 937-351); It Could Happen to You (e.g., Reg. No. PA 719-415); Lady in Question (e.g., Reg. No. R 440723); and Places in the Heart (e.g., Reg. No. PA 228-302). True and correct copies of the copyright registration certificates for the foregoing works are attached hereto as Exhibit D in the order identified above and incorporated herein by this reference.
5. Paramount: Cheers (e.g., Reg. No. PA 678-574); Frasier (e.g., Reg. No. PA 775-812); The Maury Povich Show (e.g., Reg. No. PA 671-008); The Montel Williams Show (e.g., Reg. No. PA 671-015); Stark Trek: Voyager (e.g., Reg. No. PA 775-677); Wings (e.g., Reg. No. PA 678-470); Tommy Boy (e.g., Reg. No. PA 701-975); and Trading Places (e.g., Reg. No. PA 180-572). True and correct copies of the copyright registration certificates for the foregoing works are attached hereto as Exhibit E in the order identified above and incorporated herein by this reference.
6. Universal: Murder She Wrote (e.g., Reg. No. PA 751-134); The Breakfast Club (e.g., Reg. No. PA 265-464); Jaws: The Revenge (e.g., Reg. No. PA 412-519); Magnum, P.I. (e.g., Reg. No. PA 130-196); Northern Exposure (e.g., Reg. No. PA 515-830); and Simon and Simon (e.g., Reg. No. PA 135-178). True and correct copies of the copyright registration certificates for the foregoing works are attached hereto as Exhibit F in the order identified above and incorporated herein by this reference.
7. Warner Bros.: The Drew Carey Show (e.g., Reg. No. PA 827-198); The Dukes of Hazzard (e.g., Reg. No. PA 46-830); E.R. (e.g., Reg. No. PA 775-450); Friends (e.g., Reg. No. PA 789-111); Lois & Clark: The New Adventures of Superman (e.g., Reg. No. PA 758-057); Night Court (e.g., Reg. No. PA 208-027); Cheyenne Autumn (e.g., Reg. Nos. LP 32384 & RE 586-377); Hot To Trot (e.g., Reg. No. PA 383-404); House of Wax (e.g., Reg. No. RE 82-028); Presumed Innocent (e.g., Reg. No. PA 477-416); and Selena (e.g., Reg. No. PA 873-082). True and correct copies of the copyright registration certificates for the foregoing works are attached hereto as Exhibit G in the order identified above and incorporated herein by this reference.

1. Because, in the absence of discovery, Plaintiffs do not presently know which of their copyrighted works Defendants have copied, publicly performed, and publicly displayed, Plaintiffs cannot presently identify which of their copyrighted works have been infringed and in which respects. Upon obtaining that information, Plaintiffs will seek leave of this Court to amend this complaint to allege which of their specific copyrighted works Defendants have unlawfully copied, publicly performed, and publicly displayed.
2. Through the Internet site RecordTV.com, Defendants have copied, publicly performed, and publicly displayed Plaintiffs' copyrighted works without Plaintiffs' authorization. Each such act is an infringement of the exclusive rights granted to Plaintiffs by 17 U.S.C. § 106.
3. Through the Internet site RecordTV.com, Defendants intend to continue copying, publicly performing, and publicly displaying Plaintiffs' copyrighted works without Plaintiffs' authorization. Each such act will be an infringement of the exclusive rights granted to Plaintiffs by 17 U.S.C. § 106.
4. Defendants' infringement has allowed them to collect profits in the thousands of dollars and is adversely affecting the potential market for and value of Plaintiffs' copyrighted works that Defendants have infringed and are continuing to infringe.
5. Defendants committed each act of infringement with the knowledge that the television programs and movies they were copying, publicly performing, and publicly displaying were subject to valid United States copyright registrations and with the knowledge that Defendants were not authorized to copy, publicly perform, or publicly display such copyrighted works. Defendants' infringement was thus "willful" within the meaning of 17 U.S.C. § 504(c)(2).
6. For Defendants' completed acts of infringement, Plaintiffs are entitled to recover Plaintiffs' actual damages and any profits of Defendants not taken into account in computing the actual damages or, at their election, statutory damages for willful infringement in the amount of $150,000 per copyrighted work infringed.
7. Monetary relief alone is not adequate to address fully the irreparable injury that Defendants' illegal actions have caused and will continue to cause Plaintiffs if not enjoined. Plaintiffs therefore are also entitled to preliminary and permanent injunctive relief to stop Defendants' ongoing infringement of Plaintiffs' copyrights.

SECOND CLAIM FOR RELIEF

(Trademark Infringement under 15 U.S.C. § 1114, against all Defendants)

8. Plaintiffs reallege the allegations contained in paragraphs 1 through 36 of this Complaint as though fully and completely set forth herein.
9. Plaintiffs are the owners of registered trademarks associated with the ownership of television programs and movies whose copyrights Defendants have infringed and are infringing including, by way of illustration, "MGM" (e.g., Reg. Nos. 1,380,800 and 2,246,312), "20th Century Fox" (e.g., Reg. Nos. 1,465,225 and 1,884,026), "Disney" (e.g., Reg. No. 826,419), "Paramount" (e.g., Reg. No. 1,695847), "Universal" (e.g., Reg. No. 2,285,891), and "Warner Bros." (e.g., Reg. No. 1,026,466), as well as the trademarks used to identify numerous individual television programs, such as The Simpsons (e.g., Reg. No. 1,916,921), The X-Files (e.g., Reg. No. 1,899,298) and ER (e.g., Reg. No. 2,094,532).
10. Through the Internet site RecordTV.com, Defendants are using Plaintiffs' registered trademarks in commerce without the authorization of Plaintiffs in a way that has caused consumer confusion as to Plaintiffs' association with, affiliation with, or sponsorship of Defendants' web site and the services provided thereby.
11. Such actions were intended to cause confusion, have caused confusion, and will continue to cause confusion unless enjoined.
12. For each completed act of infringement, Plaintiffs are entitled to recover their actual damages as well as Defendants' profits from such infringement.
13. Monetary relief alone is not adequate to address fully the irreparable injury that Defendants' illegal actions have caused and will continue to cause Plaintiffs if not enjoined. Plaintiffs therefore are also entitled to preliminary and permanent injunctive relief to stop Defendants' ongoing infringement of Plaintiffs' registered trademarks.

THIRD CLAIM FOR RELIEF

(Unfair Competition under 15 U.S.C. § 1125(a), against all Defendants)

14. Plaintiffs reallege the allegations contained in paragraphs 1 through 36 of this Complaint as though fully and completely set forth herein.
15. Plaintiffs are the owners of unregistered trademarks associated with the television programs and movies whose copyrights Defendants have infringed and are infringing including, by way of illustration, Who's the Boss, Mad About You, Married With Children, and The Young and the Restless. Each of these trademarks is inherently distinctive. Plaintiffs, moreover, have developed and maintain substantial secondary meaning in each of these trademarks.
16. Through the Internet site RecordTV.com, Defendants are using Plaintiffs' unregistered trademarks in commerce without the authorization of Plaintiffs in a way that has caused consumer confusion as to Plaintiffs' association with, affiliation with, or sponsorship of Defendants' web site and the services provided thereby. These actions constitute unfair competition in violation of § 43(a) of the Lanham Act, 15 U.S.C. § 1125(a).
17. Such actions were intended to cause confusion, have caused confusion, and will continue to cause confusion unless enjoined.
18. For each completed act of unfair competition, Plaintiffs are entitled to recover their actual damages as well as Defendants' profits from such infringement.
19. Monetary relief alone is not adequate to address fully the irreparable injury that Defendants' illegal actions have caused and will continue to cause Plaintiffs if not enjoined. Plaintiffs therefore are also entitled to preliminary and permanent injunctive relief to stop Defendants' ongoing unfair competition.

FOURTH CLAIM FOR RELIEF

(Violation of the Cable Communications Policy Act of 1984,

47 U.S.C. § 553(a)(1), against all Defendants)

20. Plaintiffs reallege the allegations contained in paragraphs 1 through 36 of this Complaint as though fully and completely set forth herein.
21. Defendants' actions in splitting their cable signal and/or re-transmitting portions thereof to others violate the Cable Communications Policy Act of 1984, 47 U.S.C. § 553(a)(1).
22. Defendants' violations were willful and for the purposes of commercial advantage or private financial gain.
23. Plaintiffs have been aggrieved by Defendants' conduct and will continue to be aggrieved by this conduct unless Defendants are enjoined.
24. For Defendants' completed violations, Plaintiffs are entitled to their actual damages and any profits of Defendants not taken into account in computing the actual damages or, at their election, statutory damages of up to $50,000.
25. Monetary relief alone is not adequate to address fully the irreparable injury that Defendants' illegal actions have caused and will continue to cause Plaintiffs if not enjoined. Plaintiffs therefore are also entitled to preliminary and permanent injunctive relief to stop Defendants' ongoing violations of the Cable Communications Policy Act.

FIFTH CLAIM FOR RELIEF

(Unfair Competition in violation of Cal. Bus. & Prof. Code § 17200,

against all Defendants)

26. Plaintiffs reallege the allegations contained in paragraphs 1 through 36 of this Complaint as though fully and completely set forth herein.
27. Defendants actions discussed herein constitute unfair competition within the meaning of California Business and Professional Code § 17200.
28. Pursuant to California Business and Professional Code § 17203, Plaintiffs are entitled to preliminary and permanent injunctive relief ordering Defendants to cease this unfair competition, as well as disgorgement of all of Defendants' profits associated with this unfair competition.

SIXTH CLAIM FOR RELIEF

(Common Law Unfair Competition, against all Defendants)

29. Plaintiffs reallege the allegations contained in paragraphs 1 through 36 of this Complaint as though fully and completely set forth herein.
30. Defendants' actions discussed herein constitute unfair competition under the common law of the state of California.
31. Defendants' actions have harmed Plaintiffs and will continue to harm Plaintiffs unless Defendants are enjoined.
32. As a consequence of Defendants' unfair competition, Plaintiffs are entitled to damages and preliminary and permanent injunctive relief ordering Defendants to cease this unfair competition.

WHEREFORE, Plaintiffs pray for relief against Defendants, and each of them as follows:

1. That Defendants, their agents, servants and employees and all persons acting in concert with them be restrained and enjoined preliminarily and permanently from copying, altering, publicly performing, duplicating, and publicly displaying Plaintiffs' copyrighted works and trademarks, or any colorable representation thereof.
2. That all copies of Plaintiffs' works in Defendants' possession, custody, or control be destroyed, or otherwise appropriately disposed of, and that all storage devices, copying, streaming, and other distribution equipment, including all computers, computer servers, all hardware and software pertaining or connected thereto, and all other devices by which Defendants have copied, publicly performed, of publicly displayed Plaintiffs' works, be seized from Defendant and destroyed, or otherwise appropriately disposed of, pursuant to 17 U.S.C. § 503.
3. That Defendants be required to account for all gains, profits and advantages derived from their acts of infringement and for their other violations of law.
4. That Defendants be required to pay over to Plaintiffs the actual damages suffered by them as a result of the infringement and any profits of Defendants attributable to the infringement of Plaintiffs' exclusive rights under copyright and to pay such damages to Plaintiffs as this Court shall deem to be just and proper within the provisions of the Copyright Act, or, in the alternative, at Plaintiffs' election, statutory damages as set forth in 17 U.S.C. § 504.
5. That Defendants be required to pay over to Plaintiffs the actual damages they have suffered by Defendants' infringement of their registered and unregistered trademarks as well as any profits derived by Defendants from this infringement.
6. That Defendants, their agents, servants and employees and all persons acting in concert with them be restrained and enjoined preliminarily and permanently from intercepting or receiving or assisting in intercepting or receiving any communications service offered over a cable system without authorization from a cable operator, pursuant to 47 U.S.C. § 553(c)(2)(A).
7. That Defendants be required to pay over to Plaintiffs the actual damages suffered by them as a result of Defendants' violation of the Cable Communications Policy Act of 1984 and any profits of Defendants not taken into account in computing the actual damages or, at their election, statutory damages of up to $50,000, pursuant to 47 U.S.C. § 553(c)(2)(B).
8. That Plaintiffs recover their costs of suit incurred herein.
9. That Plaintiffs recover their attorneys' fees reasonably incurred in this action.
10. That Plaintiffs have such other and further relief as the Court deems just and proper.

Attorneys for Plaintiffs