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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

pleadings or other papers as required by law(^^ipraST5rovidedT^local rules of court: This"7orm, approved by the

4fc o

Judicial Conferenceof the United States in September 1974, is requiredfor use of the Clerkof Courtfor the purpose of
initiating the civil docket sheet.
PLAINTIFFS DEFENDANTS

*& '0re

Beastie Boys, a New York Partnership, Michael Diamond, Adam Horovitz


and Dechen Yauch as Executor of the Estate of Adam Yauch, each
individually anri rnllactivftlv ri/h/a Rrnnklvn Dust Musin

Monster Energy Corporation

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(DO NOT CITE JURISDICTIONALSTATUTES UNLESS DIVERSITY)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


& Case No.

If yes, was this case Vol. | | Invol. | | Dismissed. No Q Yes [~J If yes, give date
IS THIS AN INTERNATIONAL ARBITRATION CASE? No

Yes D
NATURE OF SUIT
ACTIONS UNDER STATUTES

(PLACE AN [x] IN ONE BOX ONLY)

CONTRACT

PERSONAL INJURY INSURANCE


MARINE

PERSONAL INJURY

FORFEITURE/PENALTY

BANKRUPTCY

OTHER STATUTES

II no [ 1120 [ 1130 [ 1110 [ ] 150

[]310 AIRPLANE [1315 AIRPLANE PRODUCT


LIABILITY

[ ]362 [ J 365 []368

PERSONAL INJURY MED MALPRACTICE

[ 1610 [ ] 620

AGRICULTURE OTHER FOOD &


DRUG DRUG RELATED SEIZURE OF PROPERTY 21 USC 881 LIQUOR LAWS RR & TRUCK AIRLINE REGS OCCUPATIONAL SAFETY/HEALTH OTHER

[ ] 422 APPEAL
28 USC 158

[ ]400
[ 1410 [1430 [ 1450 [ J460 [ 1470

STATE

REAPPORTIONMENT
ANTITRUST BANKS & BANKING COMMERCE DEPORTATION RACKETEER INFLU ENCED & CORRUPT ORGANIZATION ACT

MILLER ACT NEGOTIABLE INSTRUMENT

[ )320 ASSAULT, LIBEL &


SLANDER

PERSONAL INJURY PRODUCT LIABILITY


ASBESTOS PERSONAL

[ ] 423 WITHDRAWAL
28 USC 157

[I 625

RECOVERY OF
OVERPAYMENT & ENFORCEMENT OF JUDGMENT

[ ]330 FEDERAL
EMPLOYERS'
LIABILITY

INJURY PRODUCT
LIABILITY

PROPERTY RIGHTS

[ ] 151 [ 1152

MEDICARE ACT RECOVERY OF


DEFAULTED

[ 1340 MARINE [ 1345 MARINE PRODUCT


LIABILITY

PERSONAL PROPERTY

STUDENT LOANS

[ ]350 MOTOR VEHICLE [ ]355 MOTOR VEHICLE

[ 1370 OTHER FRAUD I 1371 TRUTH IN LENDING [ )380 OTHER PERSONAL [ )385
PROPERTY DAMAGE PROPERTY DAMAGE

[ [ [ [

]630 ]640 ]650 J660

M820 COPYRIGHTS [ ] 830 PATENT [ J 840 TRADEMARK

[ ]690

(EXCL VETERANS) [ 1153


RECOVERY OF OVERPAYMENT OF VETERAN'S BENEFITS

[ ]360

PRODUCT LIABILITY OTHER PERSONAL INJURY

SOCIAL SECURITY
LABOR

[ [ [ [

J 480 ]490 1810 ]850

(RICO) CONSUMER CREDIT


CABLE/SATELLITE TV

SELECTIVE SERVICE
SECURITIES/

COMMODITIES/

PRODUCT LIABILITY

[ ] 861 HIA(1395ff) [ ] 862 BLACK LUNG (923)


FAIR LABOR STANDARDS ACT LABOR/MGMT RELATIONS LABOR/MGMT REPORTING &

[ I 875

[ 1710 [ I 720
PRISONER PETITIONS

[ ] 863 DIWC/DIWW (405(g))


[ ] 864 SSID TITLE XVI [ ] 865 RSI (405(g)) [ ]890

[ ]160

STOCKHOLDERS
SUITS OTHER CONTRACT CONTRACT PRODUCT
LIABILITY

[ ]190
[ 1195

EXCHANGE CUSTOMER CHALLENGE 12 USC 3410 OTHER STATUTORY ACTIONS

[ I 730

[ 1510
ACTIONS UNDER STATUTES CIVIL RIGHTS

I I 196

FRANCHISE

REAL PROPERTY

[ 1441 VOTING [1442 EMPLOYMENT [ 1443 HOUSING/


ACCOMMODATIONS

[ I 740 [ J530 HABEAS CORPUS [ I 790 t ]535 DEATH PENALTY [ 1540 MANDAMUS & OTHER [ 1791

MOTIONS TO VACATE SENTENCE 20 USC 2255

FEDERAL TAX SUITS

[ 1891 AGRICULTURAL ACTS [ ]892 ECONOMIC


STABILIZATION ACT

DISCLOSURE ACT
RAILWAY LABOR ACT OTHER LABOR LITIGATION EMPL RET INC SECURITY ACT IMMIGRATION

[ ]870 TAXES (U.S. Plaintiff or Defendant) [ ] 871 IRS-THIRD PARTY


26 USC 7609

[ ]893 ENVIRONMENTAL
MATTERS

[ I 894 ENERGY
ALLOCATION ACT

[ ]895 FREEDOM OF
INFORMATION ACT

[ ]900 APPEAL OF FEE


DETERMINATION

I 1210 [ ]220 [ I 230 []240 I ]245 [ ]290

LAND

CONDEMNATION FORECLOSURE RENT LEASE & EJECTMENT TORTS TO LAND TORT PRODUCT
LIABILITY

[ )444 WELFARE [ 1445 AMERICANS WITH


DISABILITIES EMPLOYMENT

PRISONER CIVIL RIGHTS

[ ]462

[ )550 CIVIL RIGHTS [ )555 PRISON CONDITION

[ I 463
[ I 465

NATURALIZATION APPLICATION HABEAS CORPUSALIEN DETAINEE

[ ]446 AMERICANS WITH


DISABILITIES -OTHER

UNDER EQUAL ACCESS TO JUSTICE [ ]950 CONSTITUTIONALITY OF STATE STATUTES

[ ]440 OTHER CIVIL RIGHTS (Non-Prisoner)

OTHER IMMIGRATION ACTIONS

ALL OTHER REAL PROPERTY

Check if demanded in complaint:

CHECK IF THIS IS A CLASS ACTION


UNDER F.R.C.P. 23

DO YOU CLAIM THIS CASE IS RELATED TO A CIVIL CASE NOW PENDING IN S.D.N.Y.?

IF SO, STATE: OTHER JUDGE DOCKET NUMBER

DEMAND $

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
Proceeding

[~J 2 Removed from


state Court

O 3 Remanded I I4 Reinstated or
from Reopened

| ] 5 Transferred from [~J 6 Multidistrict


(Specify District) Litigation

|~J 7 Appeal to District


Judgefrom

3. a parties repre.en.ea
Q b. At least one
party is pro se.

Appellate
BASIS OF JURISDICTION 3 FEDERAL QUESTION ,H4 DIVERSITY
(U.S. NOTA PARTY)

Judge
IF DIVERSITY, INDICATE CITIZENSHIP BELOW.
(28 USC 1332, 1441)

(PLACE AN x IN ONE BOX ONLY) l J 1 U.S. PLAINTIFF 2 U.S. DEFENDANT

CITIZENSHIP OF PRINCIPAL PARTIES (FOR DIVERSITY CASES ONLY)


(Place an [X] in one box for Plaintiff and one box for Defendant)

CITIZEN OF THIS STATE


CITIZEN OF ANOTHERSTATE

)(f]1 []1
'
[ ]2

PTF

DEF

CITIZEN OR SUBJECT OF A
FOREIGN COUNTRY
INCORPORATED or PRINCIPAL PLACE
OF BUSINESS IN THIS STATE

[]3[]3

PTF DEF

INCORPORATED and PRINCIPAL PLACE


OF BUSINESS INANOTHER STATE
FOREIGN NATION

[ ]5 JXfB
[ ]6 [ ]6

PTF

DEF

[ ]2

[ ]4 [ ]4

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


Attonffifc$r Code # 1742
[] NO N YE5

RECEIPT #

\J

,Yr_ L.

V"2-^*C

MYES (QATE ADMITTED Mo. May

Yr. 1985

Magistrate Judge is to be designated by the Clerk of the Courlr*^

Magistrate Judge

Mflfj- 'r^J-- -Ut*


Deputy Clerk, DATED

is so Designated.
.

Ruby J. Krajick, Clerk of Court by

UNITED STATES DISTRICT COURT (NEW YORK SOUTHERN)

JUDGE ENGELMAYER
UNITED STATES DISTRICT COURT
Beastie Boys, a New York Partnership,
Michael Diamond, Adam Horovitz and
Dechen Yauch as Executor of the Estate of '

SOUTHERN DISTRICT OF NEW YORK JL & \/l V |3 fj Q O


12-CV( )

"I O

pflT f* *\ f* p?

Adam Yauch, deceased, each individually and collectively d/b/a Brooklyn Dust Music, :
Plaintiffs, .

COMPLAINT
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s

- against -

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Monster Energy Corporation,


Defendant.

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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

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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
1

SMRH:200512811.1

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

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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

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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

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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

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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.

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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

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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

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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

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(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

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(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

SMRH:200512811.1

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