beastie boys v monster by martyschwimmer

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beastie boys v monster

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									                      JUDGE ENGELMAYER
JS 44C/SDNY
REV. 7/2012
                               TheJS-44civil coversheet and the information|^Btai|^Uftrein fltaSSe norsiMpI#nSttJfe filftmfTi ii iTidTu of                         4fc o
                               pleadings or other papers as required by law(^^ipraST5rovidedT^local rules of court: This"7orm, approved by the
                               Judicial Conferenceof the United States in September 1974, is requiredfor use of the Clerkof Courtfor the purpose of
                                                                                                                                                                                  *&'0re
                               initiating the civil docket sheet.


PLAINTIFFS                                                                                   DEFENDANTS

Beastie Boys, a New York Partnership, Michael Diamond, Adam Horovitz                             Monster Energy Corporation
and Dechen Yauch as Executor of the Estate of Adam Yauch, each
individually anri rnllactivftlv ri/h/a Rrnnklvn Dust Musin
ATTORNEYS (FIRM NAME, ADDRESS, AND TELEPHONE NUMBER                                          ATTORNEYS (IF KNOWN)
Sheppard Mullin Hampton & Richter, LLP
30 Rockefeller Plaza
New York, New York 10112 - Tel. (212) 653-8700
CAUSE OF ACTION (CITE THE U.S. CIVIL STATUTE UNDER WHICH YOU ARE FILING AND WRITE A BRIEF STATEMENT OF CAUSE)
                          (DO NOT CITE JURISDICTIONALSTATUTES UNLESS DIVERSITY)

Copyright Infringement, unfair competition and violation of 17 U.S.C. Sec.101 et seq., 15 U.S.C. Sec.1125 and N.Y. Civil Rights Law

Hasthisor a similar case been previously filed inSDNY at anytime? No                      [x] Yes [~J Judge Previously Assigned

If yes, was this case Vol. | | Invol. | | Dismissed. No Q Yes [~J If yes, give date                                                         & Case No.


IS THIS AN INTERNATIONAL ARBITRATION CASE?               No               Yes D
(PLACE AN [x] IN ONE BOX ONLY)                                           NATURE OF SUIT
                                                                                                                            ACTIONS UNDER STATUTES




CONTRACT                       PERSONAL INJURY                 PERSONAL INJURY               FORFEITURE/PENALTY             BANKRUPTCY                        OTHER STATUTES

II no        INSURANCE         []310 AIRPLANE                  [ ]362    PERSONAL INJURY -   [ 1610     AGRICULTURE         [ ] 422 APPEAL                    [ ]400      STATE
[ 1120       MARINE            [1315 AIRPLANE PRODUCT                    MED MALPRACTICE     [ ] 620    OTHER FOOD &                28 USC 158                            REAPPORTIONMENT
[ 1130       MILLER ACT                 LIABILITY              [ J 365   PERSONAL INJURY                DRUG                [ ] 423 WITHDRAWAL                [ 1410      ANTITRUST
[ 1110       NEGOTIABLE        [ )320 ASSAULT, LIBEL &                   PRODUCT LIABILITY   [I 625     DRUG RELATED                28 USC 157                [1430       BANKS & BANKING
             INSTRUMENT                 SLANDER                []368     ASBESTOS PERSONAL              SEIZURE OF                                            [ 1450      COMMERCE
[ ] 150      RECOVERY OF       [ ]330 FEDERAL                            INJURY PRODUCT                 PROPERTY                                              [ J460      DEPORTATION
             OVERPAYMENT &              EMPLOYERS'                       LIABILITY                      21 USC 881          PROPERTY RIGHTS                   [ 1470      RACKETEER INFLU
             ENFORCEMENT                LIABILITY                                            [   ]630   LIQUOR LAWS                                                       ENCED & CORRUPT
             OF JUDGMENT       [ 1340 MARINE                   PERSONAL PROPERTY             [   ]640   RR & TRUCK          M820 COPYRIGHTS                               ORGANIZATION ACT
[ ] 151      MEDICARE ACT      [ 1345 MARINE PRODUCT                                         [   ]650   AIRLINE REGS        [ ] 830 PATENT                                (RICO)
[ 1152       RECOVERY OF                LIABILITY              [ 1370 OTHER FRAUD            [   J660   OCCUPATIONAL        [ J 840 TRADEMARK                 [   J 480   CONSUMER CREDIT
             DEFAULTED         [ ]350 MOTOR VEHICLE            I 1371 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                   [   ]850    SECURITIES/
[ 1153       RECOVERY OF       [ ]360   OTHER PERSONAL         [ )385    PROPERTY DAMAGE                                                                                  COMMODITIES/
             OVERPAYMENT                INJURY                           PRODUCT LIABILITY   LABOR                          [ ] 861 HIA(1395ff)                           EXCHANGE
             OF VETERAN'S                                                                                                   [ ] 862 BLACK LUNG (923)          [ I 875     CUSTOMER
             BENEFITS                                                                        [ 1710     FAIR LABOR          [ ] 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                                                                        [ I 730    LABOR/MGMT                                            [ 1891 AGRICULTURAL ACTS
[ 1195       CONTRACT                                          [ 1510    MOTIONS TO                     REPORTING &         FEDERAL TAX SUITS                 [ ]892 ECONOMIC
             PRODUCT           ACTIONS UNDER STATUTES                    VACATE SENTENCE                DISCLOSURE ACT                                                    STABILIZATION ACT
             LIABILITY                                                   20 USC 2255   [ I 740          RAILWAY LABOR ACT   [ ]870 TAXES (U.S. Plaintiff or   [ ]893 ENVIRONMENTAL
I I 196   FRANCHISE            CIVIL RIGHTS                    [ J530 HABEAS CORPUS    [ I 790          OTHER LABOR                 Defendant)                            MATTERS
                                                               t ]535 DEATH PENALTY                     LITIGATION          [ ] 871 IRS-THIRD PARTY           [ I 894 ENERGY
                               [ 1441 VOTING                   [ 1540 MANDAMUS & OTHER [ 1791           EMPL RET INC                26 USC 7609                           ALLOCATION ACT
                               [1442 EMPLOYMENT                                                         SECURITY ACT                                          [ ]895 FREEDOM OF
REAL PROPERTY                  [ 1443 HOUSING/                                                                                                                            INFORMATION ACT
                                        ACCOMMODATIONS                                       IMMIGRATION                                                      [ ]900 APPEAL OF FEE
I 1210       LAND              [ )444 WELFARE                  PRISONER CIVIL RIGHTS                                                                                      DETERMINATION
             CONDEMNATION      [ 1445 AMERICANS WITH                                         [ ]462     NATURALIZATION                                               UNDER EQUAL
[ ]220       FORECLOSURE                DISABILITIES -         [ )550 CIVIL RIGHTS                      APPLICATION                                                  ACCESS TO JUSTICE
[ I 230      RENT LEASE &               EMPLOYMENT             [ )555 PRISON CONDITION       [ I 463    HABEAS CORPUS-                                        [ ]950 CONSTITUTIONALITY
             EJECTMENT         [ ]446 AMERICANS WITH                                                    ALIEN DETAINEE                                               OF STATE STATUTES
[]240        TORTS TO LAND              DISABILITIES -OTHER                                  [ I 465    OTHER IMMIGRATION
I ]245       TORT PRODUCT      [ ]440 OTHER CIVIL RIGHTS                                                ACTIONS
             LIABILITY                (Non-Prisoner)
[ ]290       ALL OTHER
             REAL PROPERTY




          Check if demanded in complaint:


          CHECK IF THIS IS A CLASS ACTION                                  DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?
          UNDER F.R.C.P. 23                                                IF SO, STATE:

DEMAND $                                OTHER                             JUDGE                                                      DOCKET NUMBER

Check YES only if demanded in complaint
JURY DEMAND: • YES S NO                                                    NOTE:     Please submit at the time of filing an explanation of why cases are deemed related.
(PLACE AN x INONEBOXONLY)                                                        ORIGIN

l^J 1 Original        [~J 2 Removed from               O 3 Remanded I I4 Reinstated or        | ] 5 Transferred from [~J 6 Multidistrict        |~J 7 Appeal to District
      Proceeding               state Court                   from               Reopened               (Specify District)         Litigation          Judgefrom
                      • 3. a„ parties repre.en.ea            Appellate                                                                                £££ Judge
                      Q b. At least one
                                   party is pro se.
(PLACE AN x IN ONE BOX ONLY)                                       BASIS OF JURISDICTION                                               IF DIVERSITY, INDICATE
l J 1 U.S. PLAINTIFF • 2 U.S. DEFENDANT •                     3 FEDERAL QUESTION   ,H4 DIVERSITY                                       CITIZENSHIP BELOW.
                                                                    (U.S. NOTA PARTY)                                                  (28 USC 1332, 1441)

                                    CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)
       (Place an [X] in one box for Plaintiff and one box for Defendant)

                                   PTF    DEF                                              PTF DEF                                                      PTF    DEF
CITIZEN OF THIS STATE          )(f]1 []1              CITIZEN OR SUBJECT OF A              []3[]3            INCORPORATED and PRINCIPAL PLACE           [ ]5 JXfB
                               '                       FOREIGN COUNTRY                                      OF BUSINESS INANOTHER STATE
CITIZEN OF ANOTHERSTATE            [ ]2   [ ]2        INCORPORATED or PRINCIPAL PLACE      [ ]4 [ ]4        FOREIGN NATION                              [ ]6   [ ]6
                                                      OF BUSINESS IN THIS STATE




PLAINTIFF(S) ADDRESS(ES) AND COUNTY(IES)

Beastie Boys, a New York Partnership (New York County); Michael Diamond (Kings County); Adam
Horovitz (New York County) and Dechen Yauch as Executor of the Estate of Adam Yauch (New York
County), each individually and collectively d/b/a Brooklyn Dust Music (New York County)


DEFENDANT(S) ADDRESS(ES) AND COUNTY(IES)

Monster Beverage Corporation
550 Monica Circle, Suite 201
Corona, California 92880



DEFENDANT(S) ADDRESS UNKNOWN
   REPRESENTATION 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 checXeither box if this a PRISONER PETITION/PRISONER CIVIL RIGHTS COMPLAINT.)

               /SIGNATURBOF ATTQKREY OF RECORD
DATE 8/08/2012 /6IGNAT/IRE/OF ATTQrtREY OF JREl                                                   ADMITTED TO PRACTICE IN THIS DISTRICT
                                                                                                  [] NO
                           /          ,Yr_ L.           •     V"2-^*C                             MYES (QATE ADMITTED Mo. May
                                                                                                  N YE5                                          Yr. 1985
RECEIPT #             \J                                                                          Attonffifc$r Code # 1742

Magistrate Judge is to be designated by the Clerk of the Courlr*^
Magistrate Judge                          Mflfj- '•r^J-- -Ut*                                                               is so Designated.
Ruby J. Krajick, Clerk of Court by                                    Deputy Clerk, DATED                                              .

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)
   JUDGE ENGELMAYER
UNITED STATES DISTRICT COURT                      "I O        pflT f* *\ f* p?
SOUTHERN DISTRICT OF NEW YORK JL & \/l V |3 fj Q O

Beastie Boys, a New York Partnership,                   12-CV-       (    )
Michael Diamond, Adam Horovitz and
Dechen Yauch as Executor of the Estate of          '
Adam Yauch, deceased, each individually
and collectively d/b/a Brooklyn Dust Music, :           COMPLAINT
                                                                                           rsi         J


                          Plaintiffs,              .                                  CO
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Monster Energy Corporation,                                                           r<
                                                                                             o
                          Defendant.                                                         CO             1




                   Plaintiffs Beastie Boys, a New York Partnership, and Michael Diamond,

Adam Horovitz and Dechen Yauch as Executor of the estate of Adam Yauch, deceased,

d/b/a Brooklyn Dust Music, by their attorneys, Sheppard Mullin Richter & Hampton

LLP, for their Complaint, allege as follows:

                                          JURISDICTION

         1.        This action for copyright infringement, unfair competition, and violation of

New York Civil Rights law arises under the Copyright Laws of the United States,

17 U.S.C. § 101 et sea,, 15 U.S.C. § 1125-a and New York Civil Rights Law § 51.

        2.         This Court has subject matter jurisdiction under 28 U.S.C. § 1338(a) and

(b) under the Copyright Laws of the United States, 17 U.S.C. § 101 et seq. and the

Lanham Act, 15 U.S.C. § 1125-a.

        3.         Venue in this district is proper under 28 U.S.C. § 1400(b).


SMRH:200512811.1                                 -1-
                                          THE PARTIES

         4.        Plaintiff Michael Diamond, professionally known as "Mike D"

("Diamond"), is an individual, who resides in Brooklyn, New York.

         5.        Plaintiff Adam Horovitz, professionally known as "Ad-Rock" ("Horovitz"),

is an individual, who resides in New York, New York.

         6.        Plaintiff, Dechen Yauch is the Executor of the Estate of Adam Yauch, the

deceased Beastie Boys member, Adam Yauch, professionally known as "MCA" who

resided in New York, New York ("Yauch").

         7.        Plaintiff Beastie Boys, a New York Partnership ("Partnership"), with its

principal place of business in New York, New York, is the business entity which owns or

controls, inter alia, the performances, sound recording copyrights, trademarks and rights

of publicity of Diamond, Horovitz and Yauch, including as the composing, recording and

performing group Beastie Boys.

         8.        Beastie Boys are one of the longest-lived hip hop and alternative music

composing, recording and performing artists in the world. They have been a commercial

success and garnered the highest critical praise for more than twenty-five years, and were

inducted into The Rock and Roll Hall of Fame in May 2012.

         9.        Plaintiff Brooklyn Dust Music ("Brooklyn Dust"), is the business name

under which plaintiffs Diamond and Horovitz and Yauch have done and currently do

business administering copyrights in the musical compositions authored by any or all of

Diamond, Horovitz and Yauch, with its principal place of business in New York, New

York.




SMRH:200512811.1                                -2-
         10.       Upon information and belief, defendant Monster Beverage Corporation

("Monster") is a Delaware corporation with its principal place of business at 550 Monica

Circle, Suite 201, Corona, California 92880. Upon information and belief, Monster is a

maker and distributor of energy drinks and alternative beverages, including Monster

Energy® brand energy drinks.
         11.       Upon information and belief, defendant Monster, either directly or through

its agents, has transacted business within this district and of which the claims herein arise,

has committed tortious acts within this district, and has committed tortious acts without

this district causing injury to plaintiffs within this district.

                                  PLAINTIFFS' COPYRIGHTS

         12.       Partnership is the co-owner of the copyright to the sound recording

featuring Beastie Boys' performances entitled "So Watcha Want," which has been

registered with the United States Copyright Office, Registration No. SR0000197458.

         13.       Brooklyn Dust is co-owner of the copyright to the musical composition "So

Watcha Want," which has been registered with the United States Copyright Office,

Registration No. PA0000640261.

         14.       Partnership is the co-owner of the copyright to the sound recording

featuring Beastie Boys' performances entitled "Sabotage," which has been registered

with the United States Copyright Office, Registration No. SR0000213461.

         15.       Brooklyn Dust is co-owner of the copyright to the musical composition

"Sabotage," which has been registered with the United States Copyright Office,

Registration No. PA0000721110.



SMRH:200512811.1                                -3-
         16.       Partnership is the co-owner of the copyright to the sound recording

featuring Beastie Boys' performances entitled "Looking Down The Barrel of A Gun,"

which has been registered with the United States Copyright Office, Registration No.

SR0000154345.


         17.       Brooklyn Dust is co-owner of the copyright to the musical composition

"Looking Down The Barrel of A Gun, which has been registered with the United States

Copyright Office, Registration No. PA0000618789.

         18.       Partnership is the co-owner of the copyright to the sound recording

featuring Beastie Boys' performances entitled "Make Some Noise," which has been

registered with the United States Copyright Office, Registration No. SR0000676386.

         19.       Brooklyn Dust is co-owner of the copyright to the musical composition

"Make Some Noise," which has been registered with the United States Copyright Office,

Registration No. PA0001767284.

         20.       The musical compositions "So Watcha Want," "Sabotage," "Looking

Down The Barrel of A Gun," and "Make Some Noise" are collectively referred to herein

as the "Beastie Boys Musical Compositions." The "So Watcha Want," "Sabotage,"

"Looking Down The Barrel of A Gun," and "Make Some Noise" Sound Recordings are

collectively referred to herein as the "Beastie Boys Sound Recordings."

        21.        Partnership, or Brooklyn Dust, as set forth below, is the co-owner of the

copyrights, set forth in paragraphs 22 through 56 below, in the sound recordings and

musical compositions embodied in the MP3, as hereinafter defined, in addition to the

Beastie Boys Musical Compositions and the Beastie Boys Sound Recordings.


SMRH:200512811.1                                 -4-
         22.       Brooklyn Dust is the co-owner of the musical composition "Paul Revere,"

U.S. Copyright Registration No. PA0000344522, which musical composition is

embodied in the MP3, as hereinafter defined.

         23.       Partnership is the co-owner of the sound recording "Too Many Rappers,"

U.S. Copyright Registration No. SR0000676382, which sound recording is embodied in

the MP3, as hereinafter defined.

         24.       Brooklyn Dust is the co-owner of the musical composition "Too Many

Rappers," U.S. Copyright Registration No. PA0001767276, which musical composition

is embodied in the MP3, as hereinafter defined.

        25.        Brooklyn Dust is the co-owner of the musical composition "No Sleep Till

Brooklyn," U.S. Copyright Registration No. PA0000344523, which musical composition

is embodied in the MP3, as hereinafter defined.

        26.        Brooklyn Dust is the co-owner of the musical composition "Hold It Now,

Hit It," U.S. Copyright Registration No. PA0000344521, which musical composition is

embodied in the MP3, as hereinafter defined.

        27.        Brooklyn Dust is the co-owner of the musical composition "Brass

Monkey," U.S. Copyright Registration No. PA0000344520, which musical composition

is embodied in the MP3, as hereinafter defined.

        28.        Partnership is the co-owner of the sound recording "Triple Trouble," U.S.

Copyright Registration No. SR0000360352, which sound recording is embodied in the

MP3, as hereinafter defined.




SMRH:200512811.1
        29.        Brooklyn Dust is the co-owner of the musical composition "Triple

Trouble," U.S. Copyright Registration Nos. PA0001251353 and PA0001268100, which

musical composition is embodied in the MP3, as hereinafter defined.

        30.        Partnership is the co-owner of the sound recording "Lee Majors Come

Again," U.S. Copyright Registration No. SR0000676382, which sound recording is

embodied in the MP3, as hereinafter defined.

        31.        Brooklyn Dust is the co-owner of the musical composition "Lee Majors

Come Again," U.S. Copyright Registration No. PA0001767266, which musical

composition is embodied in the MP3, as hereinafter defined.

        32.        Partnership is the co-owner of the sound recording "Ch-Check It Out," U.S.

Copyright Registration No. SR0000360352, which sound recording is embodied in the

MP3, as hereinafter defined.

        33.        Brooklyn Dust is the co-owner of the musical composition "Ch-Check It

Out," U.S. Copyright Registration No. PA0001268095, which musical composition is

embodied in the MP3, as hereinafter defined.

        34.        Brooklyn Dust is the co-owner of the musical composition "Slow and

Low," U.S. Copyright Registration No. PA0000344519, which musical composition is

embodied in the MP3, as hereinafter defined.

        35.        Partnership is the co-owner of the sound recording "Pass the Mic," U.S.

Copyright Registration No. SR0000197458, which sound recording is embodied in the

MP3, as hereinafter defined.




SMRH:200512811.1
        36.        Brooklyn Dust is the co-owner of the musical composition "Pass the Mic,"

U.S. Copyright Registration No. PA0000640257, which musical composition is

embodied in the MP3, as hereinafter defined.

        37.        Partnership is the co-owner of the sound recording "Sure Shot," U.S.

Copyright Registration No. SR0000213461, which sound recording is embodied in the

MP3, as hereinafter defined.

        38.        Brooklyn Dust is the co-owner of the musical composition "Sure Shot,"

U.S. Copyright Registration Nos. PA0000721105 and PA0000994059, which musical

composition is embodied in the MP3, as hereinafter defined.

        39.        Partnership is the co-owner of the sound recording "Get It Together," U.S.

Copyright Registration No. SR0000213461, which sound recording is embodied in the

MP3, as hereinafter defined.

        40.        Brooklyn Dust is the co-owner of the musical composition "Get It

Together," U.S. Copyright Registration Nos. PA0000954772 and PA0000721111 which

musical composition is embodied in the MP3, as hereinafter defined.

        41.        Partnership is the co-owner of the sound recording "Root Down," U.S.

Copyright Registration Nos. SR0000338508 and SR0000280272, which sound recording

is embodied in the MP3, as hereinafter defined.

        42.        Brooklyn Dust is the co-owner of the musical composition "Root Down,"

U.S. Copyright Registration No. PA0000721109, which musical composition is

embodied in the MP3, as hereinafter defined.




SMRH:200512811.1                                -7-
             43.       Partnership is the co-owner of the sound recording "Hey, Ladies," U.S.

    Copyright Registration No. SRuOOO 154345, which sound recording is embodied in the

    MP3, as hereinafter defined.

             44.       Brooklyn Dust is the co-owner of the musical composition "Hey, Ladies,"

    U.S. Copyright Registration No. PA0001108041, which musical composition is

    embodied in the MP3, as hereinafter defined.

            45.        Partnership is the co-owner of the sound recording "Shake Your Rump,"

    U.S. Copyright Registration No. SRuOOO 154345, which sound recording is embodied in

    the MP3, as hereinafter defined.

            46.        Brooklyn Dust is the co-owner of the musical composition "Shake Your

    Rump," U.S. Copyright Registration No. PA0000618781, which musical composition is

    embodied in the MP3, as hereinafter defined.

            47.        Partnership is the co-owner of the sound recording "Alive," U.S. Copyright

    Registration No. SR0000276086, which sound recording is embodied in the MP3, as

    hereinafter defined.


            48.        Brooklyn Dust is the co-owner of the musical composition "Alive," U.S.

    Copyright Registration Nos. PA0001044648 and PA0001116116, which musical

    composition is embodied in the MP3, as hereinafter defined.

            49.        Partnership is the co-owner of the sound recording "Intergalactic," U.S.

    Copyright Registration No. SR0000277731, which sound recording is embodied in the

    MP3, as hereinafter defined.




I   SMRH:200512811.1
1
        50.        Brooklyn Dust is the co-owner of the musical composition "Intergalactic,"

U.S. Copyright Registration No. PA0000937705, which musical composition is

embodied in the MP3, as hereinafter defined.

        51.        Partnership is the co-owner of the sound recording "Don't Play No Game

That I Can't Win," U.S. Copyright Registration No. SR0000676382, which sound

recording is embodied in the MP3, as hereinafter defined.

        52.        Brooklyn Dust is the co-owner of the musical composition "Don't Play No

Game That I Can't Win," U.S. Copyright Registration No. PAu003555032, which

musical composition is embodied in the MP3, as hereinafter defined.

        53.        Partnership is the co-owner of the sound recording "Groove Holmes," U.S.

Copyright Registration No. SR0000197458, which sound recording is embodied in the

MP3, as hereinafter defined.

        54.        Brooklyn Dust is the co-owner of the musical composition "Groove

Holmes," U.S. Copyright Registration No. PA0000640267, which musical composition is

embodied in the MP3, as hereinafter defined.

        55.        Partnership is the co-owner of the sound recording "I Don't Know," U.S.

Copyright Registration No. SR0000277731, which sound recording is embodied in the

MP3, as hereinafter defined.

        56.        Brooklyn Dust is the co-owner of the musical composition "I Don't Know,"

U.S. Copyright Registration No. PA0000937713, which musical composition is

embodied in the MP3, as hereinafter defined.




SMRH:200512811.1                                -9-
        57.        The musical compositions and sound recordings referred to in paragraphs

22 through 56 above are hereinafter referred to as the "Beastie Boys MP3 Copyrights."

                              OTHER FACTUAL ALLEGATIONS

        58.        Commencing at some time unknown to plaintiffs, defendant Monster,

directly or indirectly, without plaintiffs' consent, synchronized and recorded certain of

the Beastie Boys Musical Compositions and Beastie Boys Sound Recordings together

with visual and other material in the creation of promotional videos for defendant

Monster's products, including a promotional video for Monster's promotional event

"Ruckus in the Rockies 2012" (the "Video"). The soundtrack of the Video is comprised

substantially of excerpts from the Beastie Boys Sound Recordings and the Beastie Boys

Musical Compositions totaling more than three minutes in duration.

        59.        On information and belief, defendant Monster has used the Video and

similarpromotional videos to create an association with the Beastie Boys and the Beastie

Boys Musical Compositions and Beastie Boys Sound Recordings and defendant

Monster's products, promotional events, and marketing, including on Monster's website

www.monsterenergv.com and in various social media websites such as Facebook.

        60.        On information and belief, text contained in the Video includes the name

"Beastie Boys" and the legal or professional name of Yauch.

        61.        On information and belief, on or about May 9, 2012, Monster caused a link

to a downloadable audio recording (the "MP3") embodying a 23-minute medley of

excerpts from the Beastie Boys Sound Recordings, the Beastie Boys Musical

Compositions and the sound recordings and musical compositions comprising the



SMRH:200512811.1                               -10-
additional Beastie Boys MP3 Copyrights to be posted on various websites described

below in conjunction with the Video, together with an offer that the MP3 was available

for free download.

        62.        On information and belief, Monster posted the Video and MP3 on

Monster's website www.monsterenergy.com on or about May 9, 2012, where they have

served as advertising and promotion for Monster's products, events, and Monster's

general corporate goodwill.

        63.        On information and belief, on or about May 9, 2012, Monster posted the

Video and MP3 on www.youtube.com, where they have served as advertising and

promotion for Monster's products, events, and Monster's general corporate goodwill.

        64.        On information and belief, Monster arranged or facilitated the posting of

the Video and MP3 on third party commercial websites located at

www.snowboardmag.com, www.snowboardcanada.com and www.snowand.com, where

they have served as advertising and promotion for Monster's products, events, and

Monster's general corporate goodwill.

        65.        On information and belief, Monster arranged or facilitated the posting of

the Video and MP3 on other websites presently unknown to plaintiffs.

        66.        On information and belief, each of the postings referred to in paragraphs

60-63 above included the name Beastie Boys in the text of the relevant URL page and the

name Adam Yauch in the Video displayed on such page.

        67.        The websites referred to in paragraphs 60-63 above are collectively referred

to herein as the "Infringing Sites".



SMRH:200512811.1                                •11-
        68.        The text accompanying Monster's internet postings, Video and MP3

conveyed to consumers the impression that Beastie Boys permitted the use of their name

and intellectual property, and participated in connection with Monster's promotion of its

products and events. By way of example, the posting of Monster's Video on

www.snowand.com included the following statement: "With tracks from the Beastie

Boys putting you in the vibe and a sponsorship from Monster Energy, this edit will make

you want to ride and party like no other. Beastie Boys mega mix by Z-trip, Download

'All-Access A Beastie Boys Megamix' here:..."

    FIRST CLAIM FOR COPYRIGHT INFRINGEMENT AGAINST DEFENDANT
                                            MONSTER

        69.        Plaintiffs repeat and reallege the allegations continued in paragraphs 1-68

above, as if set forth herein.

        70.        Monster's unauthorized reproduction of, preparation of a derivative work

based upon, distribution to the public of and public performance of Partnership's

copyrighted sound recording "So Whatcha Want" in the Video infringes Partnership's

exclusive rights in violation of the Copyright Act, 17U.S.C.§101et seq.

        71.        Each unauthorized reproduction, derivative work, distribution to the public

and public performance of Partnership's copyrighted sound recording constitutes an

individual act of infringement of Partnership's exclusive rights under the Copyright Act,

17 U.S.C. § 101 et. seq.

        72.        Defendant's conduct has been intentional and willful.




SMRH:200512811.1                                -12-
  SECOND CLAIM FOR COPYRIGHT INFRINGEMENT AGAINST DEFENDANT
                                            MONSTER

        73.        Plaintiffs repeat and reallege the allegations continued in paragraphs 1-68,

70 through 72 above, as if set forth herein.

        74.        Monster's unauthorized reproduction of, preparation of a derivative work

based upon, distribution to the public of and public performance of Brooklyn Dust's

copyrighted musical work "So Whatcha Want" in the Video infringes Brooklyn Dust's

exclusive rights in violation of the Copyright Act, 17 U.S.C. § 101 et seq.

        75.        Each unauthorized reproduction, derivative work, distribution to the public

and public performance of Brooklyn Dust's copyrighted musical work constitutes an

individual act of infringement of Brooklyn Dust's exclusive rights under the Copyright

Act, 17 U.S.C. § 101 et. seq.

        76.        Defendant's conduct has been intentional and willful.

    THIRD CLAIM FOR COPYRIGHT INFRINGEMENT AGAINST DEFENDANT
                                            MONSTER


        77.        Plaintiffs repeat and reallege the allegations continued in paragraphs 1-68,

70 through 72, 74 through 76 above, as if set forth herein.

        78.        Monster's unauthorized reproduction of, preparation of a derivative work

based upon, distribution to the public of and public performance of Partnership's

copyrighted sound recording "Sabotage" in the Video infringes Partnership's exclusive

rights in violation of the Copyright Act, 17 U.S.C. § 101 et. seq.

        79.        Each unauthorized reproduction, derivative work, distribution to the public

and public performance of Partnership's copyrighted sound recording constitutes an



SMRH:200512811.1                                 •13-
individual act of infringementof Partnership's exclusive rights under the Copyright Act,

17 U.S.C. $101 et seq.

        80.        Defendant's conduct has been intentional and willful.

  FOURTH CLAIM FOR COPYRIGHT INFRINGEMENT AGAINST DEFENDANT
                                            MONSTER

        81.        Plaintiffs repeat and reallege the allegations continued in paragraphs 1-68,

70 through 72, 74 through 76, 78 through 80 above, as if set forth herein.

        82.        Monster's unauthorized reproduction of, preparation of a derivative work

based upon, distribution to the public of and public performance of Brooklyn Dust's

copyrighted musical work "Sabotage" in the Video infringes Brooklyn Dust's exclusive

rights in violation of the Copyright Act, 17 U.S.C. § 101 et seq.

        83.        Each unauthorized reproduction, derivative work, distribution to the public

and public performance of Brooklyn Dust's copyrighted musical work constitutes an

individual act of infringement of Brooklyn Dust's exclusive rights under the Copyright

Act, 17 U.S.C. § 101 et. seq.

        84.        Defendant's conduct has been intentional and willful.


    FIFTH CLAIM FOR COPYRIGHT INFRINGEMENT AGAINST DEFENDANT
                                            MONSTER

        85.        Plaintiffs repeat and reallege the allegations continued in paragraphs 1-68,

70 through 72, 74 through 76, 78 through 80, 82 through 84 above, as if set forth herein.

        86.        Monster's unauthorized reproduction of, preparation of a derivative work

based upon, distribution to the public of and public performance of Partnership's

copyrighted sound recording "Looking Down The Barrel of A Gun" in the Video



SMRH:200512811.1                                 •14-
infringes Partnership's exclusive rights in violation of the Copyright Act, 17 U.S.C. § 101

et. seq.

           87.     Each unauthorized reproduction, derivative work, distribution to the public

and public performance of Partnership's copyrighted sound recording constitutes an

individual act of infringement of Partnership's exclusive rights under the Copyright Act,

17 U.S.C. § 101 et. seq.

           88.     Defendant's conduct has been intentional and willful.


    SIXTH CLAIM FOR COPYRIGHT INFRINGEMENT AGAINST DEFENDANT
                                            MONSTER

           89.     Plaintiffs repeat and reallege the allegations continued in paragraphs 1-68,

70 through 72, 74 through 76, 78 through 80, 82 through 84, 86 through 88 above, as if

set forth herein.


           90.     Monster's unauthorized reproduction of, preparation of a derivative work

based upon, distribution to the public of and public performance of Brooklyn Dust's

copyrighted musical work "Looking Down The Barrel of A Gun" in the Video infringes

Brooklyn Dust's exclusive rights in violation of the Copyright Act, 17 U.S.C. § 101 et

seq.


           91.     Each unauthorized reproduction, derivative work, distribution to the public

and public performance of Brooklyn Dust's copyrighted musical work constitutes an

individual act of infringement of Brooklyn Dust's exclusive rights under the Copyright

Act, 17 U.S.C. § 101 et. seq.

           92.     Defendant's conduct has been intentional and willful.




SMRH:200512811.1                                 •15-
 SEVENTH CLAIM FOR COPYRIGHT INFRINGEMENT AGAINST DEFENDANT
                                             MONSTER

         93.        Plaintiffs repeat and reallege the allegations continued in paragraphs 1-68,

70 through 72, 74 through 76, 78 through 80, 82 through 84, 86 through 88, 90 through

92 above, as if set forth herein.

         94.        Monster's unauthorized reproduction of, preparation of a derivative work

based upon, distribution to the public of and public performance of Partnership's

copyrighted sound recording "Make Some Noise" in the Video infringes Partnership's

exclusive rights in violation of the Copyright Act, 17 U.S.C. § 101 et seq.

         95.        Each unauthorized reproduction, derivative work, distribution to the public

and public performance of Partnership's copyrighted sound recording constitutes an

individual act of infringement of Partnership's exclusive rights under the Copyright Act,

17 U.S.C. § 101 et. seq.

         96.        Defendant's conduct has been intentional and willful.


   EIGHTH CLAIM FOR COPYRIGHT INFRINGEMENT AGAINST DEFENDANT
                                             MONSTER

         97.        Plaintiffs repeat and reallege the allegations continued in paragraphs 1-68,

70 through 72, 74 through 76, 78 through 80, 82 through 84, 86 through 88, 90 through

92, 94 through 96 above, as if set forth herein.

         98.        Monster's unauthorized reproduction of, preparation of a derivative work

based upon, distribution to the public of and public performance of Brooklyn Dust's

copyrighted musical work "Make Some Noise" in the Video infringes Brooklyn Dust's

exclusive rights in violation of the Copyright Act, 17U.S.C.§101et seq.



SMRH-.200512811.1                                 •16-
        99.        Each unauthorized reproduction, derivative work, distribution to the public

and public performance of Brooklyn Dust's copyrighted musical work constitutes an

individual act of infringement of Brooklyn Dust's exclusive rights under the Copyright

Act, 17 U.S.C. § 101 et. seq.

         100.      Defendant's conduct has been intentional and willful.

NINTH CLAIM AGAINST DEFENDANT MONSTER FOR MULTIPLE COPYRIGHT
                    INFRINGEMENTS IN CONNECTION WITH THE MP3

         101.      Plaintiffs Partnership and Brooklyn Dust repeat and reallege the allegations

contained in paragraphs 1 through 68, 70 through 72, 74 through 76, 78 through 80, 82

through 84, 86 through 88, 90 through 92, 94 through 96, 98 through 100 above, as if set

forth herein.


         102.      On information and belief, the MP3 was distributed to and copied by users

of the Infringing Sites.

         103.      The distribution of the MP3 to users of the Infringing Sites was without

authorization of Beastie Boys or Brooklyn Dust.

         104.      The copying of the MP3 by users of the Infringing Sites for marketing and

advertising programs by Monster was without authorization of Beastie Boys or Brooklyn

Dust.


         105.      Through its conduct alleged herein, Monster knowingly and systemically

induced, caused, materially contributed to, exercised control over and participated in the

infringement of the Beastie Boys Sound Recordings, Beastie Boys Musical Compositions

and Beastie Boys MP3 Copyrights.




SMRH:200512811.1                                •17-
         106.      On information and belief, Monster had the right and ability to control the

unauthorized distribution and reproduction of the MP3.

         107.      On information and belief, Monster received a direct financial and

economic benefit from the MP3 by, among other things, the free advertising and

promotion of Monster's products, events and corporate good will.

         108.      Defendant Monster's conduct and unauthorized use of the MP3 infringes

Brooklyn Dust's and Partnership's exclusive rights in the four Beastie Boys Musical

Compositions, the four Beastie Boys Sound Recordings and the additional thirty-five

Beastie Boys MP3 Copyrights in violation of the Copyright Act 17 U.S.C. § 101 et seq.

  TENTH CLAIM AGAINST DEFENDANT MONSTER FOR VIOLATION OF THE
                                LANHAM ACT, 15 U.S.C. $1125

         109.      Plaintiffs Partnership, Diamond, Horovitz and Yauch repeat and reallege

the allegations contained in paragraphs 1 through 68, 70 through 72, 74 through 76, 78

through 80, 82 through 84, 86 through 88, 90 through 92, 94 through 96, and 102 through

108 above, as if set forth herein.

         110.      Partnership owns or controls the mark "Beastie Boys" and the marks

comprised of the legal and professional names of Diamond, Horovitz and Yauch (each, a

"Beastie Boys Mark").

         111.      Partnership's Beastie Boys Marks are strong and unique, inherently

distinctive, famous, and protectable without proof of secondary meaning.

         112.      Partnership has invested decades of time and effort to create consumer

recognition of the Beastie Boys Marks and to ensure that the public, not only in the

United States but throughout the world, associates the Beastie Boys Marks with their

SMRH:200512811.1                                -18-
integrity, their distinctive music and performing style as well as products designed and/or

created by the Partnership.

         113.      As a result of the wide renown acquired by the Beastie Boys Marks,

Partnership's worldwide reputation for their integrity, their distinctive music and

performing style as well as products designed and/or created by the Partnership, and the

wide geographic distribution and extensive sale of various products distributed under the

Beastie Boys Marks, the Beastie Boys Marks have acquired secondary meaning, fame

and significance in the minds of the purchasing public. The purchasing public

immediately identifies the products offered under the Beastie Boys Marks with a single

source. Therefore, the Beastie Boys Marks, and the goodwill associated therewith, are of

inestimable value to the Partnership.

         114.      Plaintiffs Partnership, Diamond, Horovitz and Yauch are informed and

believe, and based thereon allege, that as a result of defendant Monster's unauthorized

use of the Beastie Boys Marks, and plaintiffs Diamond's, Horovitz's and Yauch's

identifying voices in connection with the Video, the offer for free downloads of the MP3,

and the other content of the Infringing Sites promoting Monster, the public was confused

into believing that plaintiffs sponsored, endorsed and are associated with defendant

Monster in promoting defendant Monster's products and promotional events.

         115.      As a result of defendant Monster's misleading use of the Beastie Boys

Marks and identity, plaintiffs Partnership, Diamond, Horovitz and Yauch have suffered

damages and will continue to suffer damages in an amount that is presently unknown.




SMRH:200512811.1                               •19-
         116.      Defendant Monster's unauthorized use of the Beastie Boys Marks, identity

and persona has caused and will cause irreparable harm to plaintiffs Partnership,

Diamond, Horovitz and Yauch that cannot be fully compensated by money. Because

plaintiffs have no adequate remedy at law, plaintiffs are entitled to preliminary and

permanent injunctive relief prohibiting defendant Monster from using the Beastie Boys

Marks, identity and persona without a license or authorization.

         117.      Plaintiffs Partnership, Diamond, Horovitz and Yauch are informed and

believe, and based thereon allege that defendant Monster did the acts as herein alleged

with a willful disregard of the harm to plaintiffs Partnership, Diamond, Horovitz and

Yauch and that such acts were therefor done willfully, maliciously, and oppressively.

Plaintiffs Partnership, Diamond, Horovitz and Yauch are, therefore, entitled to a trebling

of defendant Monster's profits and actual damages sustained by plaintiffs, prejudgment

interest, reasonable attorneys' fees and costs against defendant Monster, pursuant to 15

U.S.C. § 1117.

  ELEVENTH CLAIM AGAINST DEFENDANT MONSTER FOR VIOLATION OF
                             NEW YORK CIVIL RIGHTS LAW §51

         118.      Plaintiffs Diamond and Horovitz repeat and reallege the allegations

contained in paragraphs 1 through 68, 70 through 72, 74 through 76, 78 through 80, 82

through 84, 86 through 88, 90 through 92, 94 through 96, 102 through 108, and 110

through 117 above, as if set forth herein.

         119.      Plaintiffs Diamond's and Horovitz's voices and style of singing are

recognizable and distinctive and have generated a great deal of positive publicity and




SMRH:200512811.1                                -20-
public response to sound recordings of theirvoices, including, but not limited to the

Beastie Boys Sound Recordings.

        120. Defendant Monster has used plaintiffs Diamond's and Horovitz's voices

withinNew York for the purposes of advertising and trade without the permission of

plaintiffs Partnership, Diamond or Horovitz.

        121. Defendant Monster's actions violated plaintiffs Diamond's and Horovitz's

rights under New York Civil Rights Law § 51.

        122.       Plaintiffs Diamond and Horovitz are entitled to exemplary and

consequential damages.

                   WHEREFORE, plaintiffs pray for judgment as follows:

                    (1)    For a preliminary and permanent injunction enjoining Monster and

 Monster's agents, servants, employees, officers, attorneys, successors, licensees,

 partners, and assigns, and all persons acting in concert with them:

                           (a) from all further infringing conduct in connection with the

                   Video and MP3;

                           (b) from all further infringement of any copyrighted musical

                   work or sound recording owned or controlled in whole or in part by

                   Partnership or Brooklyn Dust; and

                           (c) requiring removal of the Video and MP3 from all places

                   where they have been stored and/or made available by or through Monster

                   and destruction of any and all copies of the Video;




SMRH:200512811.1                                -21-
                   (2)   For an award of statutory damages to Partnership and Brooklyn

 Dust pursuant to the Copyright Act in an amount in each case of not less than $150,000

 for the willful infringement of each of the Beastie Boys Musical Compositions, each of

 the Beastie Boys Sound Recordings, and each of the Beastie Boys MP3 Copyrights or,

 at Partnership's or Brooklyn Dust's election, actual damages and profits with respectto

 each of the foregoing copyrights as permitted under the Copyright Act, in an amount to

 be determined at trial;

                   (3)   For prejudgment interest according to law;

                   (4)   For an order awarding plaintiffs their attorneys' fees, togetherwith

 the costs and disbursements of this action; and

                   (5)   That defendant Monster and its officers, agents, successors,

 assigns, and all persons in concert or participation with it, be enjoined during the

 pendency of this action and permanently from using the names, voices and trademarks

 of plaintiffs for the purposes of advertising and trade purposes, in any manner;

                   (6)   That defendant Monster be required to pay to plaintiffs

 Partnership, Diamond, Horovitz and Yauch damages, trebled pursuant to 15 U.S.C. §

  1117(a), as provided in the Lanham Act for any injuries sustained by reason of

  defendantMonster's false representations and use of plaintiffs' trademarks;

                   (7)   Requiring defendant Monster to account for and pay over to

  plaintiffs Partnership, Diamond, Horovitz and Yauch three times the profits realized by

  defendant Monster from defendant Monster's false representations and use of plaintiffs'

  trademarks;



SMRH:200512811.1                              -22-
                       (8)   That defendant Monster be required to pay plaintiffs Diamond and

     Horovitz damages for any injuries sustained by reason of defendant Monster's use of

     the voices of Diamond and Horovitz in violation of the New York Civil Rights Law,

      including exemplary damages; and

                       (9)   For such other relief as the Court deems just and proper.

    Dated: New York, New York
              August 8, 2012

                                              SHEPPARD, MULLIN, RICHTER
                                                 & HAMPTON LLP



                                              By:           /U^LL—^-- r ^ ^
                                                            Theodore C. Max (TM1742)
                                                           Kenneth B. Anderson (KA9923)

                                                    Attorneys for Plaintiffs Beastie Boys, a New
                                                    York Partnership, Michael Diamond, Adam
                                                    Horovitz, Dechen Yauch as Executor of the
                                                    Estate of Adam Yauch, deceased, each
                                                    individually and collectively d/b/a Brooklyn
                                                    Dust Music
                                                    30 Rockefeller Plaza
                                                    New York, New York 10112
                                                    Telephone: (212)653-8700




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