7 'S Dana B. Taschner, State Bar No. 135494 LANIER LAW FIRM, PC| 2 || 2029 Century Park East Rae 1400” FILED ata sae mea lone: (31 ai « | FAe"G 10) 27-5103 SE, inne dbt@lanieriawfim.com AU 1 7 2009 5 | ALAN CARLEON, Cerca Court 6 || W. Mark Lanier LANIER LAW FIRM, PC| 8Y___EJRARRA _oepury 7 |/6810 FIM 1960 West Houston, Texas 77069 6 || Phone: (713) 659-5200 Fax: (713) 659-2204 Attorneys for Plaintiffs a SUPERIOR COURT OF THE STATE OF CALIFORNIA ae COUNTY OF ORANGE il WA 30-2009 14 || ELISHA MELKONIAN, XAVIER O., a il 90 293755 minor by and through hig guardian ad COMPLAINT FOR: litem, CHRIS C., a minorpby and through) 4) VIOLATION OF CALIFORNIA CIVIL H t m CODE § 3344 his guardian ad litem, CATHERINE AIKO. } >) tigaPPROPRIATION OF NAME ANDI S 19 || and ELVINA BECK, LIKENES 3) UNFAIR] COMPETITION AND FALSE 38 Plaintiffs, ADVERTISING UNDER CALIFORNIA 2 v. BUSINESS AND PROFESSIONS CODE § [17200 4) VIOLATION OF CALIFORNIA CONSTITUTIONAL RIGHT TO PRIVAC 8) VIOLATION OF CALIFORNIA ONLINE PRIVACY ACT 22 || FACEBOOK, INC., a Delaware 23 || Corporation, and DOES }-100, inclusive, 24 Defendants, DEMAND FOR JURY TRIAL JUDGE ANDREW P. BANKS: DEPT. C11 2 |J-——— ‘Complaint for Damages and Injunctive|Reliet - 110 12 a 4a 15 1e uv te as 20 24 28 26 a ae ad litem, CHRIS C., a tpinor by and through his guardia| and ELVINA BECK (cojlectively, ‘Plaintiffs”), on behalf public, allege all on infarmation and belief the following FACEBOOK, INC., (heteinafter referred to as “Facebool inclusive, for violations pf California Civil Code Section (CLRA), California Civil|Code Section 1750, Unfair Com] Under Business and Prpfessions Code Section 17200, 1. This is a private Attorney General action bi and the general public to remedy violations of California’ California ConstitutionallRights of Privacy, the California Legal Remedies Act (CURA), California Civil Code Sectic Trade Practices Act, California Business & Professions and private information. Plaintiffs relied on Detendant’s omissions of material fadts, and violations of Califomia’s laws, become one of the fastegt growing websites with reports up each week, It is now dne of the top websites in the U. Plaintiffs ELISHA, MELKONIAN, XAVIER O., a minor by and through his guardian!| Rights of Privacy, the California Online Privacy Act, Gonsumer Legal Remedies Act INTRODUCTION & SUMMARY QF ACTION Defendants’ commerciallmisappropriation of Plaintiff's’ names, photographs, likenesses, 2. Facebook js the nation’s foremost social networking website. It is owned and operated by Facebopk, Inv. Facebook markets itself as @ social ullily that connects people with friends and thers who work. study and live afound them. Facebook has Users. Much of that phenbmenal growth can be attributed|to Users’ trust in the Complaint for Damages and injunctive Relief -2 ad litem, CATHERINE AIKO, f themselves and the general gains| Defendants, ) and Does 4 through 100, '344, California Constitutional tition and False Advertising ind other claims, uught by on behalf of Plaintiffs Civil Code Section 3344, inline Privacy Act, Consumer ins 1750 et seq, and the Unfair 7200, arising out of istepresentations and rivacy and right of publicity f a million new Users signing §. with more than 250 milion40 a 2 as a8 16 a ae as 20 a 22 28 company's privacy assufances. Users are led to believe post is limited to other Upers they have expressly authori 3. social network into that andor disseminate privat ‘economic benefit. 4. ignore “friend” requests authorized “friends” — cal and photos uploaded to submit, or that data other stored, licensed, or downloaded by other persons or third! expressly authorized 5. agreement amounts to effective ownership and perpetual Facebook by any source and belief, Plaintiffs allege that Facebook has ignored or requests to cease and de} of photographs or Images 6. Original any tangible medium incl creation. Uploading or do creator or owner is an Facebook's Facebook's Qn informa business model, however, has ia. a data mining company. Face fe information to third parties for) interface and website architect ith the expectation that personal uses Users to believe and under ‘acebook are private. Users may ion and belief, Plaintiffs allege t Joven if a Facebook User termin: owned by Users or depicting Us walks, in the form of writings or phot \ding the internet is protected by inf NS that access to the data they ed. ransformed from that of a book actively seeks to open jcommercial purposes and re — whereby Users accept or data is shared only with stand that personal information| be unaware that data they ‘submit about them, may be extracted and then shared, parties they have not jat Facebook's license iitle to all data uploaded to ites service. On information failed to comply with User ist posting of personal or private information including posting| ers. graphs or other images in state and federal faw upon loading of protected works without the authority of the jingement of that creator or owner's exclusive right of reproduction and distributjon. State and federal laws protect publicity rights, as well as ownership rights such as copyright. Complaint for Vamages and Inunctive Reliet - 3