Academy of Motion Picture Arts and Sciences v. Key Access - Ticket Selling Complaint PDF

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QUINN EMANUEL URQUHART &SULLIVAN, LLP
Christopher
Tayback
(Bar No.i 145532)
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christayback@quinnemanuel.com
Gary E. Gans (Bar No. 89537)
garygans@quinnemanuel.com
aaronperahia@quinnemanuel.com
865 South Figueroa Street, 10 Floor
Los Angeles, California 90017-2543
Telephone:
Facsimile:
(213)443-3100
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Attorneys for Plaintiff Academy of

Motion Picture Arts and Sciences
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AaronPerahia (BarNo. 304554)
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF LOS ANGELES
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CENTRAL DISTRICT
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ACADEMY OF MOTION PICTURE ARTS
CASE NO.
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AND SCIENCES, a California non-profit

corporation,
COMPLAINT FOR:
Plaintiff,
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1.
INDUCING BREACH OF
2.
INTERFERENCE WITH
KEY ACCESS, INC., a California

corporation, DAVE CANTER, an individual,
3.
AIDING AND ABETTING
and DOES 1 through 50, inclusive,
4.
CONSPIRACY TO COMMIT
5.
6.
7.
TRESPASS;
TRADEMARK INFRINGEMENT;
TRADEMARK DILUTION;
UNJUST ENRICHMENT;
8.
DECLARATORY RELIEF
CONTRACT;
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vs.
CONTRACT;
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Defendants.
TRESPASS;
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DEMAND FOR JURY TRIAL
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Plaintiff Academy of Motion Picture Arts and Sciences (the "Academy") alleges:
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Nature of Action
1.
The Academy is a non-profit organization dedicated to fostering and
promoting excellence in motion picture filmmaking. As part ofits mission, the Academy
presents Academy Awards of Merit, popularly known as the "Oscars" or"Academy
Awards," at an annual ceremony to honor outstanding achievements in the motion picture
industry. The Academy provides tickets to select recipients pursuant to acontract providing
that the tickets may not be sold ortransferred, and that any tickets which have been sold or
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transferred will be revoked and their bearers will be trespassers at the ceremony. The
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restrictions on the transfer of tickets and the attendees at the ceremony are necessary for,
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inter alia, security reasons.
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2.
Nevertheless, in breach of this agreement, some recipients sell their tickets to
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ticket brokers who offer themthousands, sometimes tens of thousands, of dollars for the
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tickets. The ticket brokers then resell or transfer the tickets to members ofthe general
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public. Inthis manner, the ticket brokers induce recipients to breach their contracts, interfere
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with those contracts, and aid and abet the purchasers' trespass at Academy Awards
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ceremonies.
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3.
Defendants, ticket brokers in Los Angeles, have engaged inthe unauthorized
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sale and transfer of Academy Award tickets to members ofthe general public. And, in
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doing so, Defendants have used the Academy's trademarks to promote and advertise the sale
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of those tickets.
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4.
By this action, the Academy seeks to enforce its rights with respect to its
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Academy Awards ceremonies including, inter alia, recovering compensatory and punitive
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damages and obtaining injunctive relief toprevent future acts inducing breaches of contract,
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interfering with contract, aiding and abetting trespass, and infringing the Academy's
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trademarks.
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99998-09710/7901565.2
Parties
5.
The Academy is, and at all times mentioned herein was, anon-profit
corporation organized and existing under the laws ofthe State ofCalifornia, with its
principal place ofbusiness in Beverly Hills, California. The Academy was founded in 1927
by adistinguished group of motion picture industry leaders for the purposes of, inter alia,
advancing motion picture arts and sciences and promoting cultural, educational and
technological progress inthe motion picture industry.
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6.
The Academy is informed and believes, and on that basis alleges, that
Defendant Key Access, Inc. ("Key Access") is a corporation organized and existing under
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the laws ofthe State ofCalifornia, with its principal place cfbusiness in Los Angeles,
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California. Key Access purports to be acommercial ticket broker, which offers to provide
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access to major celebrity events, including Academy Awards ceremonies.
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7.
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Defendant Dave Canter ("Canter") is an individual residing in Los Angeles, California. The
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Academy is further informed and believes, and on that basis alleges, that Canter is, and at all
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relevant times was, the founder, owner, and chief executive officer of Key Access.
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8.
The true names and capacities ofDefendants Does 1through 50, inclusive,
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are presently unknown to the Academy, who therefore sues said defendants by such fictitious
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names pursuant to California Code ofCivil Procedure 47^. The Academy is informed and
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believes, and on that basis alleges, that each ofthe fictitiously named defendants is
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responsible in some manner for the occurrences alleged herein. The Academy therefore sues
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these defendants by such fictitious names and will amend this complaint to state their true
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names and capacities when such names have been ascertained.
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9.
The Academy is informed and believes, and on that basis alleges, that at all
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times mentioned herein, each defendant was acting as the actual or ostensible agent,
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employee and/or co-conspirator ofeach other defendant and, in performing the actions
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alleged herein, was acting in the course and scope ofsuch agency, employment and/or
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conspiracy.
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The Academy is informed and believes, and on that basis alleges, that at all
times mentioned herein, Key Access has been and now is a mere shell, instrumentality, and
conduit through which Canter and Does 1through 50 have been and are conducting the sale
or transfer of Academy Awards ceremony tickets. The Academy is further informed and
believes, and on that basis alleges, that Canter and Does. 1through 50 have beenand are
directly managing, controlling, and dominating the operations of Key Access, and that a
unity of interest hasexisted and currently does exist between Key Access, on the one hand,
and Canterand Does 1 through 50, on the other. Under the circumstances, adherence to the
fiction of a separate legal existence of Key Access would promote injustice. To avoid an
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inequitable result, Key Access should be regarded as the alter ego of Canter and Does 1
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through 50.
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Jurisdiction and Venue
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11.
Subject matterjurisdiction is proper in this Court because the amount in
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controversy exceeds this Court's jurisdictional minimum. Venue is proper in Los Angeles
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County because the Academy is a resident of Los Angeles County, Canter and Key Access
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are residents of Los Angeles County, the county in which Does 1 through 50 reside is
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unknown to the Academy, and a substantial part of the events giving rise to the claims for
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relief, including the breach of the contract in issue and the trespass at the Academy Awards
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ceremony, occurred in Los Angeles County.
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Allegations Common to All Causes of Action
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The Academy annually presentsthe private invitation-only ceremony for the
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Academy Awards to honor outstanding achievements in the film industry. The Academy
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owns trademark registrations for OSCAR, OSCARS, ACADEMY AWARD, and
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ACADEMY AWARDS, and diligently acts to ensure that they are used in a manner
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consistent with the Academy's rights and the highest standards.
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The Academy provides Academy Awards tickets to select recipients
pursuant to a contract providing, interalia, that such tickets will not be sold or transferred.
Specifically, the Academy Awards ticket order form, which all recipients are required to
sign, expressly provides:
Invited guests are reminded that the Academy Awards presentation is a

private invitation-only function. Tickets are not transferable. By accepting
tickets to the Awards presentation, you are agreeing that you will not in turn
sell them or give them away. Any person in attendance who is not an invited
guest or accompanying an invited guest may be subject to prosecution.
A true and correct copy of an exemplar 2016 Academy Awards ticket order form is
attached hereto as Exhibit 1.
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14.
When Academy members receive Academy Awards tickets, they are
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required to sign a receipt. By signing the receipt, the recipient agrees to the following terms,
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stated on the receipt: "I understand and agree that Academy Awards tickets are not
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transferable. Any transferred tickets will be revoked and their bearers deemed trespassers at
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the ceremony." A true and correct copy of an exemplar 2016 Academy Awards ticket
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receipt is attached hereto as Exhibit 2.
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15.
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Invited guests are reminded that the Academy Awards presentation is a private,
invitation-only function. Tickets are not transferable. By accepting tickets to the
Awards presentation you are agreeing that you will not in turn sellthem or give
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them away. Any transferred tickets will be revoked and their bearers deemed
trespassers at the ceremony.
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A true and correct copy of an exemplar 2016 Academy Awards ticket envelope is attached
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hereto as Exhibit 3.
The ticket envelope containing the Academy Awards tickets states:
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16.
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THIS TICKET IS NOT TRANSFERABLE AND MAY NOT BE USED FOR
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13.
Finally, each Academy Awards ticket hasthe following imprinted legend:
PROMOTIONAL, ADVERTISING OR OTHER TRADE PURPOSES. Any

ticket sold or otherwise transferred to a third party will be deemed revoked. Any
person in attendance who is not an invited guest or accompanying an invited guest
may be subject to ejection, or civil and/or criminal prosecution.
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A true and correct copy of an exemplar 2016 Academy Awards ticket is attached hereto as
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Exhibit .4.
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17.
Some Academy invitees are induced to sell or transfer their Academy
Awards tickets,in breach of their agreements not to sell or transfer the tickets when
commercial ticket brokers offer them payments far in excess of the face value ofthe tickets.
The commercial ticket brokers then resell ortransfer the tickets to members ofthe general
public, thereby encouraging and facilitating their trespass at the Academy Awards
ceremony.
.18.
Defendants have engaged, and will continue to engage, inthe unauthorized sale and transfer
of Academy Awards tickets to members ofthe public. The Academy is further informed
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and believes, and onthat basis alleges, that at all times mentioned herein, Defendants were
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aware that the Academy Awards tickets were not saleableor transferable as statedon the
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tickets.
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In particular, Defendants placed an advertisement on the website
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Craigslist.org in February 2016 (the "Craigslist Ad"), offering to sell Academy Awards
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tickets for $37,000 each.
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20.
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Defendants were contacted by a third party about the tickets Defendants advertised in their
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Craigslist Ad. In response, Travis Pilling ("Pilling"), an employee of Defendants, and
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Canter, communicated with the third party and specifically offered for sale two Academy
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Awards orchestra level tickets for $45,000 each and two Academy Awards first level
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balcony tickets for $27,500 each. They provided wire instructions for the electronic transfer
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of funds to purchase the tickets. The transaction with that third party was not consummated.
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21.
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Defendants sold and/or transferred Academy Awards tickets to unnamed parties who used
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the unlawfully obtained Academy Award tickets and committed trespass by attending the
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2016 Academy Awards ceremony.
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22.
On February 25, 2016, the Academy became aware that Defendants were
displaying the mark "Oscars" and statuettes that are substantially or confusingly similar to.
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the Academy's Oscar statuette on Key Access's web site, keyaccessworldwide.com. A
true and correct copy of printouts from the Key Access website are attached hereto
collectively as Exhibit 5.
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On February 26, 2016, the Academy, through its attorneys, sent a letter to
Defendants demanding, inter alia, that they cease and desist from any unauthorized sale or
transfer of Academy Awards tickets and from the use of the Academy's trademarks. A
true and correct copy of the February 26, 2016 letter to Defendants is attached hereto as
Exhibit 6.
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Defendants responded to the letter several times over the next two days,
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statingthat their infringement of the Academy's trademarks was inadvertent. Defendants
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denied offering any tickets for sale but refused to provide any information to counsel for the
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Academy about their communications regarding selling tickets.
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First Cause of Action for
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Inducing Breach of Contract
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(Against All Defendants)
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The Academy realleges and incorporates by reference paragraphs .1 through
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26.
There is a written contract between the Academy and the Academy's invitees
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to Academy Awards ceremonies who purchase or receive tickets from the Academy,
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constituted by the language on each Academy Awards ticket, ticket order form, receipt and
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envelope enclosing tickets, providing, inter alia, that the recipient will not sell or transferthe
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tickets (the "Academy Awards Ticket Contract").
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27.
At all times mentioned herein, Defendants have had both actual and
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constructive knowledge of the Academy Awards Ticket Contract and its terms. Among
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other things, the contractual language appears on all tickets, and the existence of the contract
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has been explained to Defendants by the Academy's attorneys.
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28.
Defendants' conduct as alleged above, including purchasing Academy
Awards tickets from the Academy's invitees to the Academy Awards ceremonies,
constitutes an inducement to breach the Academy Awards Ticket Contract.

29.
Invitees to the Academy Awards ceremonies who have purchased or
received tickets from the Academy have breached the Academy Awards Ticket Contract by
selling and/or transferring tickets to Defendants.

30.
As an actual and proximate result of Defendants', inducing breaches of the
Academy Awards Ticket Contract, the Academy has been and will be damaged in an amount
to be proved at trial.
31.
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In committing the acts alleged herein, Defendants acted with knowledge, and
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with willful and conscious disregard, of the Academy's rights. Furthermore, Defendants
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acted despicably, and with oppression and malice, in that they intended to cause injury to the
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Academy and jeopardize security at the Academy Awards ceremonies. Therefore, the
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Academy is entitled to recover exemplary and punitive damages in an amount to be proved
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at trial.
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32.
Unless the Academy's contract rights are protected, the Academy will suffer
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substantial incalculable and irreparable injury, and monetary damages will not provide
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adequate compensation. Therefore, the Academy also is entitled to preliminary and
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permanent injunctive relief enjoining Defendants, during the pendency of this action and
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permanently thereafter, from directly or indirectly purchasing, receiving, selling or
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transferring tickets to any Academy Awards ceremony or soliciting the purchase, sale or
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transfer of tickets to any Academy Awards ceremony.
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Second Cause of Action for
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Interference with Contract
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33.
The Academy realleges and incorporates by reference paragraphs 1 through
34.
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Academy and the Academy's invitees to Academy Awards ceremonies who purchase or
receive tickets from the Academy.

35.
36.
Defendants' conduct as alleged above, including purchasing Academy
Awards tickets from recipients of tickets to the Academy Awards ceremonies, constitutes
an interference with the Academy Awards Ticket Contract with each such recipient.
37.
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As an actual and proximate result of Defendants' interference with contract,
the Academy has been and will be damaged in an amount to be proved attrial.
38.
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acted despicably, and with oppression and malice, in that they intended to cause injury tothe
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at trial.
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39.
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permanent injunctive reliefenjoining Defendants, during th.3 pendency of this action and
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transferring tickets to any Academy Awards ceremony or soliciting the purchase, sale, or
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transfer of tickets, to any Academy Awards ceremony.
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At all times mentioned herein, Defendants have had both actual and
constructive knowledge of the Academy Awards Ticket Contract and its terms.
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The Academy Awards Ticket Contract is a written contract between the
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Third Cause of Action for
Aiding and Abetting Trespass
40.

41.
The Academy has rented the Dolby Theatre (the "Theatre") for the 2016
Academy Awards ceremony and for future Academy Awards ceremonies. Accordingly,
the Academy has had the right, and will have the right, to the exclusive possessionof the
Theatre during the days of the Academy Awards ceremonies.

42.
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Permission to enter the Theatre for Academy Awards ceremonies is
restricted to invitees of the Academy.
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Persons who.purchased tickets to an Academy Awards ceremony directly or
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indirectly from Defendants, and who used such tickets to enter the Theatre for the ceremony,
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were trespassers. The entry by such persons into the Theatre was an intentional, wrongful
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intrusion into a private event on private property.
44.
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Defendants' conduct as alleged above, including purchasing, receiving,
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selling and transferring tickets to Academy Awards ceremcnies and soliciting the
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purchase, sale, or transfer of tickets to Academy Awards ceremonies, constitutesan
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inducement to, and aiding and abetting of, trespass by persons who receive such tickets.
45.
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As an actual and proximate result of the inducement to, and aiding and
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abetting of, such trespass, the Academy has been and will be damaged in an amount to be
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proved at trial.
46.
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acted despicably, and with oppression and malice, in that the;- intended to cause injury to the
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at trial.
VI
The Academy realleges and incorporates by reference paragraphs 1 through
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permanent injunctive reliefenjoining Defendants, during the pendency ofthis action and
transfer of tickets to anyAcademy Awards ceremony.
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Fourth Cause of Action for
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Conspiracy to Commit Trespass
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48.
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The Academy realleges and incorporates by reference paragraphs 1through
49.
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The Academy has rented the Dolby Theatre (the "Theatre") for the 2016
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Academy Awards ceremony and for future Academy Awards ceremonies. Accordingly,
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the Academy has had the right, and will have the right, to the exclusive possession of the
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Theatre during the daysof the Academy Awards ceremonies.

50.
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Permission to enter the Theatre for Academy Awards ceremonies is
restricted to invitees of the Academy.
51.
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Persons who purchased tickets to an Academy Awards ceremony directly or
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indirectly from Defendants, and who used such tickets to enter the Theatre, were trespassers.
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The entry by such persons into the Theatre was an intentional, wrongful intrusion into a
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private event on private property.
52.
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Defendants have conspired with the original recipients ofthe tickets, as well
as the persons who used the tickets to enter the Theatre, to commit trespasses.
VI
53.
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As an actual and proximate result of the conspiracy to commit trespass, and
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the actual trespass, the Academy has been and will be damaged in an amount to be proved at
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trial.
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54.
acted despicably, and with oppression and malice, in that they intended to cause injury tothe
at trial.
55.
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permanent injunctive relief enjoining Defendants, during the pendency of this action and
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transfer of tickets to anyAcademy Awards ceremony.
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Fifth Cause of Action for
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Trademark Infringement under 15 U.S.C. 1114(1)
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56.
57.
For many years prior to the conduct alleged herein, the Academy adopted and
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has used its "Oscar" statuette design mark and its OSCAR, OSCARS, ACADEMY
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AWARD, and ACADEMY AWARDS word marks (collectively, the "Marks") in
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interstate commerce in connection with, inter alia, its production, advertising and promotion
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ofthe annual Academy Awards ceremonies, and its actions to advance motion picture arts
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and sciences and promote cultural, educational and technological progress inthe motion
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picture industry.
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58.
The Academy's Marks are famous and distinctive and are registered with the
United States Patent and Trademark Office.
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59.
With actual and/or constructive notice of the Academy's ownership of the
Marks, Defendants have used reproductions, copies, imitations, facsimiles and/or depictions
of the Marks in commerce in connection with advertising, promoting, offering for sale,
distribution and sale of goods in a manner likely to cause confusion or mistake or to deceive.
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60.
Defendants' acts constitute trademark infringement in violation of Section
32(1) of the Trademark Act of 1946, as amended, 15 U.S.C. 1114(1).
61.
As an actual and proximate result of Defendants' trademark infringement, the
Academy has been and will be damaged in an amount to be proved at trial. As a further
actual and proximate result of Defendants' trademark infringement, Defendants have
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unjustly received profits in an amount to be proved at trial.
62.
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permanent injunctive relief enjoining Defendants, during the pendency ofthis action and
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permanently thereafter, from directly or indirectly using the Academy's Marks in connection
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with the sale, offering for sale, distribution or advertising ofgoods or services, or inany
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manner likely to cause confusion or mistake or to deceive the trade or public.
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63.
Defendants' trademark infringement was willful. Its useofthe registered
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trademark "" symbol in connection with the Academy's Oscar word mark shows its
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awareness of the Academy's trademark rights. Furthermore, Defendants know that the
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Academy objects to their use of the Marks. Therefore, the Academy, is entitled to recover
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three times Defendants' profits and the Academy's damages, reasonable attorneys' fees, and
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the costs of suit pursuantto 15 U.S.C. 1117.
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Sixth Cause of Action for
California Common Law Trademark Infringement
(Against AH Defendants)
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64.
65.
Prior to the conduct alleged herein, the Academy adopted and used the Marks
in interstate commerce in connection with, inter alia, its production, advertising and
promotion ofthe Academy Awards ceremonies, and its actions to advance motion picture
arts and sciences and promote cultural, educational and technological progress in the motion
picture industry.
66.
The Academy's Marks are famous and distinctive.
67. With actual and/or constructive notice of the Academy's ownership ofthe
Marks, Defendants have used, without the Academy's consent, reproductions, copies,
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imitations, facsimiles and/or depictions of the Marks in commerce in connection with
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advertising, promoting, offering for sale, distribution and sale of goods in amanner likely to
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cause confusion or mistake or to deceive.
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68.
As an actual and proximate result of Defendants' trademark infringement, the
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Academy has been and will be damaged in an amount to be proved at trial. As afurther
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actual and proximate result ofDefendants' trademark infringement, Defendants have
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unjustly received profits in an amount to be proved at trial.
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69. Unless the Academy's contract rights are protected, the Academy will suffer
adequate compensation. Therefore, the Academy also is enthled to preliminary and
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permanently thereafter, from directly or indirectly using the Academy's Marks in connection
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with the sale, offering for sale, distribution or advertising ofgoods or services, or in any
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manner likely to cause confusion or mistake or to deceive the trade or public.
to
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Seventh Cause of Action for

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Trademark Dilution under 15 U.S.C. 1125(c)
and Cal. Bus. & Prof. Code 14247
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71.
The Academy's Marks are famous and distinctive. The Academy's Marks are'
registered on the Principal Trademark Register. The Marks ^re so well recognized that they
have their own definitions in the Oxford English Dictionary and elsewhere.
72. Defendants' use in commerce ofthe Academes Marks in connection with
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their commercial activities is likely to dilute the distinctive quality ofthe Academy's Marks
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in violation of Section 43(c) ofthe Lanham Act, 15 U.S.C. ]125(c) and Cal. Bus. &Prof.
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Code 14247.
73.
Defendants' use in commerce ofthe Academes Marks in the service of
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promoting their products and services is likely to tarnish the goodwill associated with the
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Academy's Marks in violation of Section 43(c) of the Lanham Act, 15 U.S.C. 1125(c).
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74.
As an actual and proximate result of Defendants' trademark dilution, the
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Academy has been and will be damaged, and Defendants haw been and will be unjustly
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enriched. Accordingly, the Academy is entitled to receive damages in an amount to be
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proved at trial.
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75.
1117(a).
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76.
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Furthermore, because Defendants willfully intended to trade on the reputation
ofthe Academy, and because this is an exceptional case, the Academy is entitled to recover
Defendants' profits, reasonable attorney's fees and costs ofsuit pursuant to 15 U.S.C.
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VI
70.
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permanently thereafter, from directly or indirectly using the Academy's Marks in any
manner likely to dilute the Academy's Marks.
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Eighth Cause of Action for
Unjust Enrichment
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77.
76, above, asthough fully set forth herein.
78.
As an actual and proximate result of their unauthorized sale and/or transfer of
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tickets to Academy Awards ceremonies, Defendant have received monetary benefits in an
amount to be proved at trial.
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79.
Defendants unjustly retained such monetary benefits and, therefore, have been
unjustly enriched at the Academy's expense.
80.
Because Defendants received and unjustly retained such monetary benefits
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from the unauthorized sale or transfer ofAcademy Awards tickets, the Academy is entitled
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to the imposition ofaconstructive trust on such benefits for the Academy's benefit.
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Ninth Cause of Action for
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Declaratory Relief
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through 80, above, as though fully set forth at length.
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82. An actual controversy has arisen and now exists between the Academy, on
the one hand, and Defendants, on the other hand, concerning their respective rights and
interests in the purchase, receipt, sale and transfer of tickets to Academy Awards
ceremonies. The Academy contends that Defendants have no right to purchase, receive, sell
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or transfer tickets to the Academy Awards ceremonies. The Academy is informed and
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believes, and on that basis alleges, that Defendants deny the Academy's contentions.
to
The Academy hereby realleges and incorporates by reference paragraphs 1
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VI
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99998-09710/7901565.2
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83.
The Academy seeks ajudicial determination of its rights and interests in the
purchase, receipt, sale and transfer oftickets to Academy Awards ceremonies, i.e., that
Defendants have no right to purchase, receive, sell or transfer tickets to Academy Awards
ceremonies.
84.
Ajudicial declaration is necessary and appropriate at this time so that the
Academy and Defendants may ascertain their rights, interests, obligations and duties with,
respect to the purchase, receipt, sale and transfer of tickets to Academy Awards
ceremonies, and to avoid a multiplicity ofactions.
10
11
WHEREFORE, the Academy prays for judgment against Defendants, and each of
12
them, as follows:
13
For compensatory damages in an amount to be proved at trial;
14
2.
For punitive and exemplary damages in an amount to be proved at trial;
15
16
17
18
19
20
21
22
23
24
25
VI
Prayer for Relief
3. For injunctive reliefenjoining Defendants, their officers, agents, employees,

affiliates, representatives, successors and assigns, and all persons acting in concert with any
such persons, during the pendency ofthis action and permanently thereafter, from directly or
indirectly:
(a) Purchasing, receiving, selling or transferring, or offering to purchase,

receive, sell or transfer, tickets to any Academy Awards ceremony;
(b) soliciting the purchase, receipt, sale or transfer oftickets to any
Academy Awards ceremony;
(c)
performing any act as an intermediary or broker related to the
purchase, receipt, sale or transfer oftickets to any Academy Awards ceremony;

(d)
making, advertising or publishing any offer to purchase, receive, sell
26
or transfer, or otherwise act in any manner to aid, abei, assist or facilitate the
27
purchase, receipt, sale or transfer, oftickets to any Academy Awards ceremony; or
-*,
to
O.
28
f*
99998-09710/7901565.2
17-
}
^
(e)
using, displaying, marketing, distributing, advertising, transferring, or
selling any goods or services using any ofthe Academy's trademarks or otherwise
creating afalse association with the Academy or the Oscars;

4. For ajudicial declaration of the parties' rights and interests, i.e. that
Defendants have no right to purchase, receive, sell or transfer tickets to Academy Awards
ceremonies;
5. For the benefits unjustly retained by the Defendants at the Academy's

expense and the imposition ofaconstructive trust for the benefit ofthe Academy ofall
8
9
proceeds received by Defendants from the unauthorized receipt, purchase, sale or transfer of
10
tickets to Academy Awards ceremonies;
11
6. For the Academy's damages and Defendants'profits pursuant to 15 U.S.C.

1117(a) and, because Defendants' conduct has been willful and this is an exceptional case,
12
13
14
15
three times the amount ofthe Academy's damages and Defendants' profits;
7. For reasonable attorneys' fees pursuant to 15 U.S.C. 1114 and 1125(a)and
applicable California and common law;
16
8.
For costs of suit incurred herein; and
17
9.
For such other and further relief as the Court may deem just and proper.
j
18
19
20
21
DEMAND FOR JURY TRTAT.
The Academy demands ajury trial on all causes of action as to which it is entitled totrial by jury.
22
23
24
25
26
'
QUINN EMANUEL URQUHART &

SULLIVAN, LLP
B/L'M 7y&
2?
Christopher Tayback
28
Motion Picture Arts and Sciences
Attorneys for Plaintiff Academy of
rv.)
'
DATED: May 5, 2016
99998-09710/7901565.2
-18-
rS?K^?|.ÎX.lft?W9uTATJ5?^Y/Nam8. State Bar mmtar, ana atUiess)-
CM-010
"
QUINN EMANUEL URQUHART &SULLIVAN, LLP
FOR COURT USE ONLY
Christopher Tayback (Bar No. 145532)

Gary E. Gans (Bar No. 89537)
865 South Figueroa Street, 10th Floor, Los Angeles, California 90017
telephoned- (213) 443-3000
faxno.: (213) 443-3100
superior Court ofCalifornia
attorney for (Nam): PlaintiffAcademy of Motion Picture Arts and Sciences
Cowtv of tos Anqeles
SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS AngeleS
MAY 06 2016
street address: 111 North Hill Street

MAILING ADDRESS:
She rri R. Ca-
city and zip code: Los Angeles 90012

branch name: Central District
liveOfficer/Clerk
Deputy
CASE NAME:
Academy of Motion Picture Arts & Sciences v. Key Access

CIVIL CASE COVER SHEET
CZ] Unlimited
CASE NUMBER:
Complex Case Designation
Limited
(Amount
(Amount
demanded
demanded is
Counter
Joinder
exceeds $25,000)
$25,000 or less)
Filed with first appearance by defendant

(Cal. Rules ofCourt, rule 3.402)
JUDGE:
BC'6 1 9.5 8 A
Items 1-6 below must be completed (see instructbns on page 2)

1. Check one box below for thecase type that bestdescribes this case
Auto Tort
HAuto
Contract
Auto (22)
(22)
Auto
LJ Breach of contract/warranty (06)
Uninsuredmotorist
(46)
Uninsured
motorist (46)
CZZI Rule 3.740 collections (09)
Other PI/PD/WD (Personal Injury/Property
J Other collections (09)
Damage/Wrongful Death) Tort
!__
L_
LJ
LJ
Insurance coverage (18)
Asbestos (04)
Product liability (24)
Medical malpractice (45)
Other PI/PD/WD (23)
I ] Other contract (37)

I Eminent domain/Inverse
condemnation (14)
I I Wrongful eviction (33)

-J Business tort/unfair business practice (07) I I Other real property (26)
Non-PI/PD/WD (Other) Tort

Civil rights (08)
Commercial (31)
_J Fraud (16)
. I Intellectual property (19)
1 Residential (32)
Professional negligence (25)
I 1 Petition re: arbitration award (11)

I
I Other employment_^_^
(15)
En-'orcement of Judgment
Miscellaneous Civil Petition
Asset forfeiture (05)
Wrongful termination (36)
above listed provisionally complex case
types (41)
CD RICO (27)
I 1Other complaint (nof specified above) (42)
Judicial Review
aloyment
L_J Environmental/Toxic tort (30)

I 1 Insurance coverage claims arising from the
Miscellaneous CivilComplaint
I I Drugs (38)
Other non-PI/PD/WD tort (35)
I I Mass tort (40)
I I Enforcement of judgment (20)
Unlawful Detainer
^_^ Defamation (13)
Antitrust/Trade regulation (03)
i [ Construction defect (10)

Securitieslitigation (28)
Real Property
Provisionally Complex CivilLitigation
(Csl. Rulesof Court,rules 3.400-3.403)
I Writ of mandate (02)

i
Partnership and corporate governance (21)
I I Other petition (not specified above) (43)
I I Other judicial review (39)
2 So^SiLpSuudTJa, mTSementderrUle ' 4 *" ^^ RU,eS f^ "**<*iSCOm^ *
a. Large number of separately represented parties d. Large number o:= witnesses

b. LJ Extensive motion practice raising difficult or novel e. Coordination witn related actions pending in one or more courts
issues that will be time-consuming to resolve
c. |_J Substantial amount of documentary evidence
in other counties, states, or countries, or in afederal court
f. Substantial post udgment judicial supervision
3. Remediessoughtêc*a//ff7afapp/y;.a.[Z] monetary b. \T\ nonmonetary; declaratory or injunctive relief c.[7]punitive
4. Number ofcauses ofaction (specify): 9
5. This case
is
[Zj is not aclass action suit.
6. If there are any known related cases, file and serve anotice of related case. (Youjoavjjse form CM-015)
Date: May 5, 2016
3<X C?
Gary E. Gans, Esq.
^^^^^-"S
(TYPEOR PRINT NAME)
(SIGNATURE OFPARTY ORATTORNEY FORPARTY)
^.PJ2,i!L,T,B8t K6.th,LS Pvtr sheet with the first PaPer flled in the action or proceeding (except small claims cases or cases filed
o!n SnSns
*' am"y ^ "Welfare and lnS,itU"ns Code) (Cal Rules 3f Court' <*^^SS*?im*
c*> File this cover sheet in addition to any cover sheet required by local court rule
SXSiS^XSSSfsea ofthe Ca,ifornia Ru,es of Court'you mst a ropy of this w-* a

Ûnless this is acollections case under rule 3.740 or acomplex case, this cover sheet will be used for statistical purposes only.
*.*..........
. ..Use^^^^^
Form
Adopted for Mandatory
Judicial Council of California
CM-010 (Rev. July1,2007]
=^=s===
rage 1 of2
Cal. Rules ofCourt, rules 2.30.3.220.3.400-3403,3.740;

Cal.Standardsof Judicial Administration; std.3.10
www.couitinfo.C3.gov
TDia-
wu
V.
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHFFT
CM-010
statJstics about the types andnumbenTof cases 2 ^rSSStTK!? th? T-1 ^ 'l0"0" Wi" be use<i *""I*
one box for the case type that best describes the case ItheSs?Ss both aaenP S3 a 0 ^ She,et ln item 1- ^ must ch*k
check the more specific one. If the case has multiple causes oTadion check ?h bo m* hpT^fcJ^* f""listed in item L
To assist you in completing the sheet, examples of the cases Sat beLrfundPL,h
kSt nd.lcates the primary <*"** f **on.
sheet must be filed only with your initial paper. Fai ult?fileaSiZi Zr T***%!" ,tem 1are provic,ed Wo*- Acover
rts counsel, or both to sanctions underJes'zao and 3.22uoflh?SiSS Rules ofCourT' *'" ' ' ~ V "**apart*
"ftST^"
an aCtarising
i" forfromôf
moneyin
which property, services, ta^SffSiSS^
or money was acquired onIXS^
credrt ASectionsrl2 dT/fnnHn forneV3S,
sJfs.
atransaction
damages, (2 punitive damages, (3) recovery of real oronprr! m rt
f 'Include an actlon seekin9 following: (1) tort
attachment. The identification of'aUse as!ale 740^&fcase^n L fJ^T81 W'f (5) aPigment writ of
t.me-for-service requirements and case management ruLSssalfend.^fiil
anS ^ ' Wi" be exem# from the Seneral
q>se wil be subjectto the requirements for service and^^^^nr\!^7%(TP(K^ ^^ Aru,e 374 co,lections
completing the appropriate boxes in items 1and 2^Xintiff desTanal, , râafT R^S f Curt this must be indicated bV
complaint on all parties to the action. Adefendant may filean serS no lafPr .hnTP 6X' *"< ?T Sheet mUSt be se,ved *th*
plaintiffs designation, acounter-designation that the S
no "Jinpiex,
complex oror, ir meepplaintiff
iff haTrnUrlS
'^Tâ designation
"i0inder hthe
has made no designation,
that
the caseiscomplex,
rAOC T U n r o
Auto (22)-Personal Injury/Property

Damage/Wrongful Death
Uninsured Motorist (46) (if the

case involves an uninsured
motorist claimsubject to
arbitration, check this item
instead of Auto)
Other PI/PD/WD (Personal Injury/

Property Damage/Wrongful Death)
Tort
Asbestos (04)
Asbestos Property Damage

Asbestos Personal Injury/
Wrongful Death
Product Liability (notasbestos or
toxic/environmental) (24)
Medical Malpractice (45)
Medical Malpractice-
Physicians &Surgeons
Other Professional Health Care
Malpractice
Other PI/PD/WD (23)
Premises Liability (e.g., slip

and fall)
Intentional Bodily Injury/PD/WD

(e.g., assault, vandalism)
Intentional Infliction of
Emotional Distress
Negligent Inflictionof
Emotional Distress
Other PI/PD/WD
Non-PI/PD/WD (Other) Tort

Business Tort/Unfair Business
Practice (07)
Civil Rights (e.g., discrimination,

false arrest)(notcivil
harassment) (08)
Defamation (e.g., slander, libel)

(13)
Fraud(16)
Contract
Breach ofContract/Warranty (06)

Breach of Rental/Lease
Contract (not unlawful detainer

or wrongful eviction)
Contract/Warranty Breach-Seller
Plaintiff (not fraud or negligence)

Negligent Breach of Contract/
Warranty
Other Breach ofContract/Warranty

Collections (e.g., money owed, oper.
book accounts) (09)
Collection Case-Seller Plaintiff
Other Promissory Note/Collections

Case
Insurance Coverage (not provisionally

complex) (18)
Aulo Subrogation
Other Coverage
Other Contract (37)
Contractual Fraud
Other Contract Dispute

Real Property
Eminent Domain/Inverse
Condemnation (1.4)
Wrongful Eviction (33)
Other Real Property (e.g., quiet title) (26)

Writ ofPossession ofReal Property
Mortgage Foreclosure
Quiet Title'
Other Professional Malpractice

(notmedicalor legal)
oOther Non-PI/PD/WD Tort (35)
Employment
^Wrongful Termination (36)

mother Employment (15)
<2>
Securities Litigation (28)

Environmental/Toxic Tort (30)
Insurance Coverage Claims
(arising from provisionally complex

case type listedabove) (41)
Enforcementof Judgment
Enforcement ofJudgment (20)

Abstractof Judgment (Outof
County)
Confession of Judgment (nondomestic relations)
Sister State Judgment

Administrative Agency Award
(not unpaid taxes)
Petition/Certification of Entry of
Judgment on Unpaid Taxes
Other Enforcement of Judgment
Case
Miscellaneous Civil Complaint

RICO (27)
Other Complaint (not specified

above) (42)
Declaratory ReliefOnly
Injunctive ReliefOnly (nonharassment)
OtherCommercial Complaint
foreclosure)
Unlawful Detainer
Commercial (31)
Residential (32)
Drugs (38) (if the case involves illegal

drugs, check this item; otherwise,
report as Commercial orResidential)
Judicial Review
Writof Mandate (02)
i.n
Claims Involving Mass Tort (40)
domain, landlord/tenant, or
Professional Negligence (25)

Legal Malpractice
Antitrust/Trade Regulation (03)

Construction Defect (10)
Mechanics Lien
Asset Forfeiture (05)
&
Provisionally Complex Civil Litigation (Cal

Rules of Court Rules 3.400-3.403)
Other Real Property (not eminent
Intellectual Property (1 g)
~-
i,_
CASE TYPES AND EXAMPLES
Auto Tort
Petition Re: Arbitration Award (11)

Writ-Administrative Mandamus
Writ-Mandamus on Limited Court
Case Matter
Writ-Other Limiled Court Case

Review
OtherJudicial Review (39)
Case (non-tort/ncn-complex)
Other Civil Complaint

(no/^forWion-comotex;
Miscellaneous Civil Petition
Partnership and Corporate

Governance (21)
OtherPetition (notspecified
above) (43)
Civil Harassment
Workplace Violence
Elder/Dependent Adult
Abuse
Election Contest
Petition for Name Change

Petition for Relief From Late
Claim
Other Civil Petition
Review of Health OfficerOrder

Notice of Appeal-Labor
gri,
CM-010(Rev. July 1,2007]
Commissioner Appeals
Page 2 of 2.
SHORT TITLE
Academy of Motion Picture Arts and Sciences v. Key Access, et aI|CASENU*3ER
BC6 19 5 84
CIVIL CASE COVER SHEET ADDENDUM AND

STATEMENT OF LOCATION
(CERTIFICATE OF GROUNDS FOR ASSIGNM^NTjr^cOURTHOUSE LOCATION)

This form !s required pursuant to Local Rule 2.3 in all new civil case filings in the Los Angeles SuperiorCourt
ID
^ ^f**
^ case^type (JUdida'
CWM,Cover
l0>' fi"dSheet.
^ '<** type in
M St6P 1: CotmnTtK6!"8
Column Athat corresponds
to the
indicatedCUndl
in the ^^
Civil Case
oi Step 2: In Column B, check the box for the type of action that best describes the nature of the case.
Step 3: In Column C, circle the number which explains th e reason for the cojr; -fling location you have
chosen.
Applicable Reasons for Choosing Court Filing Location (Column C)

1. Class actions must be filed in the Stanley Mosk Courthouse, Central District.
2. Permissive filing incentral district.
3. Location wherecause of action arose.
4. Mandatory personal injury filing in North District.
5.Location where performance required ordefendant resides.
6. Location ofproperty or permanently garaged vehicle.
1. Location where peti-Joner resides.

8. Location wherein defendant/respondent functions wholly.
9. Location where cne crmore ofthe parties reside.
10. Location of Labo-Commissioner Office.
11. Mandatory filing location (Hub Cases - unlawful detainer, limited

non-collection, limited collection, orpersonal injury).
See
Step
A3bove
(only
Cone)
heck
CatNo.
ApplReasons
iceabl-gorye
of
Action
Case
Cover
SheetType
CCivil
AB
D
AMotV7100ehIincDljeuDe-aPormye1,a/rsPogneao/4Wlpret,ohn1ygfu1l
Auto
(22)
1,4,11
D
UnMot(46)
iAnPsI7110
oenuDjrruseaiDemsdo-yUMota/nPgera/ioWnlptsroeuhnrtgyeifdsult
As(04)
AAsPr6070Damage
boespet1,11
osrbtyestos
AAsP7221IenbjDeatruesyo-/t1,11
Wnoarsolnhgful
1,4,11
aotsadlbxoriiucet/scyintlvoirtsnyental)
PrLi(24)
oAaPrductLi7260
bi(not
D
AMeM7210alpS1,rdacitcue4Me-arPMaghl,y(45)
es1icdlapin1rcsacltice
AOtP7240rHeal1,oCare
Mafehs4erilop,ntr1ahlc1tio
ATutro PTropeDtyaInhjuDrya/mPegrs/oWnalQgf*unerSt8
NIon-CPeErsmtpajlcy
Damge/Wron!
SHORT TITLE
Academy of Motion Picture Arts and Sciences v. Key Access, et al

A
Civil Case Cover Sheet
B
Type of Action
CategoryNo.
C Applicable
Reasons-See Step:I
(Check onlyone)
Business Tort (07)
Above
3 A6029 Other Commercial/Business Tort (not fraud/breach of contract)
Civil Rights (08)
D A6005 Civil Rights/Discrimination
Defamation (13)
3
CASE NUMBER
1.2,3
O A6010 Defamation (slander/libel)
1,2,3
.3
Fraud(16)
D A6013 Fraud (no contract)
Professional Negligence (25)

Other(35)
Wrongful Termination (36)
1,2,3
A6017 Legal Malpractice
1,2,3
D A6050 Other Professional Malpractice (not medical or legal)
1,2,3
A6025 Other Non-Personal Injury/Property Damage tort
1,2,3
A6037 Wrongful Termination
1,2,3
D A6024 Other Employment Complaint Case

' A6109 Labor Commissioner Appeals
OtherEmployment (15)
1,2,3
10
D A6004 Breach of Rental/Lease Contract (not unlawful detainer or wronqful

eviction)
Breach ofContract/ Warranty

(06)
(not insurance)
Insurance Coverage (18)
2,5
A6019 Negligent Breach of Contract/Warranty (no fraud)

D A6028 Other Breach of Contract/Warranty (not fraud or negligence)
1,2,5
Eminent Domain/Inverse
Condemnation (14)
A6002 Collections Case-Seller Plaintiff
5,6,11
5,11
D A6034 Collections Case-Purchased Debt (Charged Off Consumer Debt

Purchased on or after January 1 2014)
5,6,11
O A6015 Insurance Coverage (not complex}
1,2,5,8
A6009 Contractual Fraud
1,2,3, 5
O A6031 Tortious Interference
1,2,3,5
D A6027 Other Contract Dispute(not breach/insurance/fraud/negligence)
1,2,3,8,9
D A7300 Eminent Domain/Condemnation
2,6
Number ofparcels
>.
Wrongful Eviction (33)
8.
S
D A6023 Wrongful Eviction Case

D A6018 Mortgage Foreclosure
cs
OtherRealProperty (26)
Unlawful Detainer-Commercial
(31)
1,2,5
D A6012 OtherPromissory Note/ColleclionsCase
OtherContract (37)
2,5
Q A6008 Contract/Warranty Breach -Seller Plaintiff (no fraud/negligence)
Collections (09)-
i>
A6032 Quiet Title
2,6
2,6
2,6
A6060 Other Real Properly (not eminent domain, landlord/tenant, foreclosure)
2,6
Q A6021 Unlawful Detainer-Commercial (nol drugs or wrongful eviction)
6,11
A6020 Unlawful Detainer-Residential (not drugs or wrongful eviction)
6,11
D A6020FUnlawful Detainer-Post-Foreclosure
2,6,11
Unlawful Detainer-Residential
51
(32)
-1
Unlawful DetainerPost-Foreclosure (34)
N.P
Unlawful Detainer-Drugs (38)
A6022 Unlawful Detainer-Drugs
2,6,11
-cn-
*ev2/i6)
Ô3"04
LACIV109(1
LASC Appro\
CIVIL CASE COVER SHEET ADDENDUM

AND STATEMENT OF LOCATION
Locl Rule 2.3

f'age 2 of 4

SHORT TITLE:
Academy of Motion Picture Arts and Sciences v! Key Access, et al

B
Type of Action
Civil Case Cover Sheet
Category No.
C Applicable
Reasons - See Step 3
(Check only one)
Asset Forfeiture (05)

5
CASE NUMBER
Petition reArbitration (11)
Above
A6108 Asset Forfeiture Case
2,3.6
D A6115 Petition to Compel/Confirm/Vacate Arbitration
2,5
">
0)
Writ of Mandate (02)
A6151 Writ-Administrative Mandamus
2,8
D A6152 Writ -Mandamus on Limited Court Case Matter
A6153 Writ-OtherLimited Court Case Review

Other Judicial Review (39)
D A6150 OtherWrit /Judicial Review
Antitrust/Trade Regulation (03)
c
o
2,8
D A6003 Antitrust/Trade Regulation
Construction Defect (10)
1, 2, 8
D A6007 ConstructionDefecl
Claims Involving MassTort

(40).
Q.
A6006 Claims Involving Mass Ton
A6035 Securities Litigation Case
A6036 Toxic Tort/Environmenlal
1,2,3
1,2,8
E
o
,>
13
Securities Litigation (28)
1,2,8
Toxic Tort
Environmental (30)
1,2,3,8
>
Insurance Coverage Claims
D A6014 Insurance Coverage/Subrogation (complex case only)
from Complex Case (41)
1,2,5,8
D A6141 Sister State Judgment

D A6160 Abstract ofJudgment
i i
g-g"
III
Enforcement
of Judgment (20)
RICO (27)
E
o
Other Complaints
(Not Specified Above)(42)
'>
o
Partnership Corporation
Governance(21)
2,9
A6140 Administrative Agency Award (not unpaid laxes)

D A6114 Petition/Certificate for Entry of Judgment on Unpaid Tax
2,8
D A6112 Other Enforcement of Judgment Case
2,8,9
jb
A6030 Declaratory Relief Only
>
OtherPetitions (Not
Specified Above) (43)
b
CI
>
1,2,6
1,2,8
D A6113 Partnership and Corporate Governance Case
2.8
D A6123 Workplace Harassment

a.
1,2,8
D A6040 Injunctive Relief Only (not domestic/harassment)

D A6011 Other Commercial Complaint Case (non-tort/non-complex)
D A6000 Other Civil Complaint (non-torVnon-complex)
D A6121 Civil Harassment

o
2,8
D A6033 Racketeering (RICO) Case
in
3
2,6
D A6107 Confession of Judgment (non-domestic relations)
a.
2,5,11
D A6124 Elder/Dependent Adult Abuse Case
2,6
1,2,8
2,3,9
2,3,9
2,3,9
A6190 Election Contest
D. A6110 Petition for Change of Name/Change of Gender

D A6170 Petition for Relief from Late Claim Law
D A6100 Other Civil Petition
2,7
2,3,8
2,9
LACIV 109(Rev2/16)
LASC Approved 03-04
Local Rule 2.3
Page 3 of 4
SHORT TITLE:
Academy of Motion Picture Arts and Sciences v. Key Access, et a
CASEINUM3ER
^S=S?^~"-~--"="-==s==s=
REASON:
Key Access, Inc.
U1.W2.U3.U4.U5.U6.U7. U8. U 9.U10.U11...

CITY:
Los Angeles
STATE:
ZIP CODE:
CA
90028
6565 W. Sunset Blvd. Ste. 425
Step 5: Certification Of Assignment: Icertify that this case is properly filed in the Central
the Superior Court ofCalifornia, County of Los Angeles [Code Civ. Proc, 392 et seq., and Local Rule 2.3(a)(1)(E)].
District of
Dated: MaV 5< 2016

(SIGNATURE OF ATTORNEY/RUNG PARTY)
.cSS^^R^^S?^?CMPLETED AN READYT BE ÊD IN ORDERTO PROPERLY

1.
Original Complaint or Petition.
2.
If filing aComplaint, acompleted Summons form for issuance by the Clerk.
3.
Civil Case Cover Sheet, Judicial Council form CM-010.
4.
Ciyil Case Cover Sheet Addendum and Statement of Location form, LACfV 109, LASC Approved 03-04 (Rev.
5.
Payment in full of the filing fee, unless there is court order for waiver, partial or scheduled payments.
6-mK8^
CD
LACIV 109 (Rev2/16)

LASC Approved 03-04

Local Rule 2.3
Page 4 of 4

Academy of Motion Picture Arts and Sciences v. Key Access - Ticket Selling Complaint PDF

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Academy of Motion Picture Arts and Sciences v. Key Access - Ticket Selling Complaint PDF

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'P

QUINN EMANUEL URQUHART &SULLIVAN, LLP

Gary E. Gans (Bar No. 89537)

Attorneys for Plaintiff Academy of

AaronPerahia (BarNo. 304554)

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

ACADEMY OF MOTION PICTURE ARTS

AND SCIENCES, a California non-profit

KEY ACCESS, INC., a California

AIDING AND ABETTING

and DOES 1 through 50, inclusive,

DEMAND FOR JURY TRIAL

The Academy is a non-profit organization dedicated to fostering and

presents Academy Awards of Merit, popularly known as the "Oscars" or"Academy

Awards," at an annual ceremony to honor outstanding achievements in the motion picture

inter alia, security reasons.

Nevertheless, in breach of this agreement, some recipients sell their tickets to

Defendants, ticket brokers in Los Angeles, have engaged inthe unauthorized

technological progress inthe motion picture industry.

access to major celebrity events, including Academy Awards ceremonies.

names and capacities when such names have been ascertained.

Jurisdiction and Venue

Subject matterjurisdiction is proper in this Court because the amount in

ceremony, occurred in Los Angeles County.

Allegations Common to All Causes of Action

The Academy annually presentsthe private invitation-only ceremony for the

owns trademark registrations for OSCAR, OSCARS, ACADEMY AWARD, and

consistent with the Academy's rights and the highest standards.

The Academy provides Academy Awards tickets to select recipients

sign, expressly provides:

Invited guests are reminded that the Academy Awards presentation is a

attached hereto as Exhibit 1.

When Academy members receive Academy Awards tickets, they are

receipt is attached hereto as Exhibit 2.

The ticket envelope containing the Academy Awards tickets states:

THIS TICKET IS NOT TRANSFERABLE AND MAY NOT BE USED FOR

Finally, each Academy Awards ticket hasthe following imprinted legend:

PROMOTIONAL, ADVERTISING OR OTHER TRADE PURPOSES. Any

Some Academy invitees are induced to sell or transfer their Academy

In particular, Defendants placed an advertisement on the website

tickets for $37,000 each.

Craigslist Ad. In response, Travis Pilling ("Pilling"), an employee of Defendants, and

2016 Academy Awards ceremony.

the Academy's Oscar statuette on Key Access's web site, keyaccessworldwide.com. A

statingthat their infringement of the Academy's trademarks was inadvertent. Defendants

Academy about their communications regarding selling tickets.

First Cause of Action for

Inducing Breach of Contract

(Against All Defendants)

The Academy realleges and incorporates by reference paragraphs .1 through

24, above, as though fully set forth herein.

tickets (the "Academy Awards Ticket Contract").

has been explained to Defendants by the Academy's attorneys.

Defendants' conduct as alleged above, including purchasing Academy

constitutes an inducement to breach the Academy Awards Ticket Contract.

Invitees to the Academy Awards ceremonies who have purchased or

selling and/or transferring tickets to Defendants.

As an actual and proximate result of Defendants', inducing breaches of the

Academy is entitled to recover exemplary and punitive damages in an amount to be proved

adequate compensation. Therefore, the Academy also is entitled to preliminary and

permanently thereafter, from directly or indirectly purchasing, receiving, selling or