ORICINA

AND COMpAtry pC 920 SW 3'dAve., Suite200 PortlandOR 97204 Phone: 503.727.2500 Fax: 503.727.2501 anthony@mcnamerlaw.com Attorneysfor Plaintiff Bilal Ahmed

(c.s.B. t7setl) No. |t!:ltE Davis MCNAMER

LOSANCELESSIJPBRIOR COT.'RT

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Nov 3 20ll 0
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IN THE SUPERIORCOURT OF TI{E STATE OF CALIFORNIA IN AND FOR TIIE COUNTY OF LOS ANGELES 1 1 1 v. LIONS GATE ENTERTAINMENT INC., A Cqliforniacorporation, LIONS GATE FILI{S INC., a Californiacorporation. HWy 61 FILMS LLC, a Californiairmiteafiabifiti company DOES L-10,inclusive, and ) Defendants.
) ) ) ) ) ) ) ) )

BII/,L AHMED, an individual, Plaintiff,

Case No. COMPI,AINT FOR:

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A. Richard Stone

APPROPRTATTON NAME OR OF LIKEITTESS: @ APPROPRTATTON NAME OR OF LIKEIVESS UIIDER TI{E CALIFORI\IA CIVI CODE $$aa; AND (3) PUBLICITY THAT PI"ACES PI,AINTIFF IN A FALSE LIGHT. (JURYTRIAL REQUESTED)

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Assigned: TrialDates: CONFERENCE Action Filed: CASEMANAGEMENT

Plaintiff, Bilal Ahmed,an individual,alleges follows: as

THE PARTIBS
1. 2.

At all materialtimesPlaintiffBilal Ahmed("PlaintifP), was,and is, Plaintiff is informedandbelieves, on thatbasisalleges, and that

'W Qt'rot't
at all materialtimes,

(.ac-A ?o*

an oregonresident.

fendant Lions GateEntertainment anddefendant Inc. Lions GateFilms

Inc. (collectivelyhereinafter

Lions Gate"),areandwere,Californiacorporations licensed authorizedtodo business California and in ith principalofficesin Santa Monica,California.

1 - Complaint

McNAMER ANDCoMpANy pc
'rnlRD 92O SW AvE.. STE. 200 PORTIIND, OR 97204 P: 50}'727 -ZSm F. 503-727-x,Ol

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Plaintiff is informedandbelieves, on thatbasisalleges and that

at all materialtimes,

t Hwy 61 Films LLC ("HwY 61"),isandwasa californialimited liability company licensed authorized do business california with its principal to in Californiaofficesin Santa Monica, ia' Lions GateandHwy 61 arecollectivelyreferred herein to as..Defendants.,,

VEI\ruE
4' venue is properin thecounty of Ios Angeles pursuant california code of civil to $395,because causes actionalleged the of hereinarose los Angelescounty andbecause in ndants, someof them,residein Los AngelesCounty. or I 1 1 1 I

Defendants produced distributed for-profit a film entitled..The and a Next ThreeDays,, the"Movie") in which Plaintiffwas depicted a wanted as fugitive alongwith otherknownor alleged or fugitives,includingOsama hden. Bin Plaintiffis not, nor at thetime of thefilms release was,a wantedfugitive, but is cunently rking andliving in Oregon.
7' An image of Plaintiffwas depicted for several secondsin multiple screenshots in the which were also used extensively in advertising the Movie in the trailer for the Movie.

5'

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I

ginningat L hour54 minutesandS2seconds into the Movie throught hour56 minutes and 2s into the Movie, plaintiffs imageappears four differenttimes. 8' Plaintiffwas informedby friendsandassociates who immediately recogni2gd him, that wasdepicted theMovie asa criminalfugitive wanted in by federalauthorities.such unauthorized hasdamaged, continues damage, and plaintiff's reputation. to Plaintiff doesnot feel comfortable wearinghis hair andfacial hair asdepicted the in ie for fear of greater connection between Movie andhim. plaintifps futuregainful the employment beenimpairedin relationto potentialemployers thatmight makethe ,.wanted fugitive,,connection
yed in the Movie.

9'

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The film wasreleased globally,includingin california

andoregon,and,to date,has

over$5L,000,000 ticketsales. in

MCNAMER ANDCoMpANy pc 920sW TlrrRD AvE., STE. 200

PORTLAND, OR 97204 Pt 5O3-727-ZSdJ* s0ti27-?l,Ol

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Defendants knowinglyusedPlaintiff's photograph likeness advertising selling and for or prior written

Movie, includingusingPlaintiffls likeness trailersfor theMovie, without plaintiff,s in in violationof California Civil Code93344.

Plaintiff's imagewasusedto sell andsensationalize Movie (which is about the wanted ives). Distributionof Defendants' Movie waswidely publicized.

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FIRSTCAUSEOF ACTION (Appropriation Li keness of AgainstAil Defendants) 13'

1 1 1

Plaintiffrealleges incorporates reference andevery and by each allegation contained in

1 through12 of this complaint,asthoughsetforth in full herein. Defendants'use Plaintiff's identityandlikeness their Movie was of in without plaintiff,s

14'

rmission consent. or 15' Defendants gainedsignificantcommercial benefitby their useof plaintiff,s imageas

idenced the significantprofits earned by throughthepromotionanddistributionof the Movie. 16' As a directandproximate resultof Defendant's of plaintifps likeness their Movie, use in iffhas sufferedimpairment futureearningcapacity, to damage his reputation, to mentalanguish suffering,humiliation,andembarassment which he hasincurred for no lessthan$250,000 in
ic and non-economic damages.

l7 '

(violationof cariforniacivil code 93344 Against Defendants) Ail Plaintiffrealleges incorporates reference andevery and by each allegation contained in
1 through16 of this complaint,asthoughsetforth in full herein. Defendants haveknowinglyusedplaintiff's photograph likeness advertising, and for

18'

istributionandsellingtheMovie without Plaintiffs prior written consent, violation of California in vil Code93344. Defendants' of Plaintiff'sphotograph likeness use and did not occurin connection with a ws, public affairs,or sports broadcast account, with a politicalcampaign. or or 20' Defendants' of Plaintiff'sidentityandlikeness theirMovie use in waswithoutplaintiff,s issionor consent.
3 - Complaint
McNAMER moCorupmy rc
920 SW TnIRDAvE., STE.200 PoRTI^ND, OR 9720,t P:5O1727-25m 5012?-2501 F:

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Deferidants' of PlaintifPsphotograph likeness use and wasdirectly connected to ndants'commercial purpose, theadvertisingdistributionandsaleof e.g. the Movie. 22' As a directandproximate resultof Defendant's of plaintifps use likeness their Movie. in ntiffhas suffered impairment futureearningcapacity, to damage his reputation, to mentalanguish suffering humiliation,andembarrassment which he for hasincurredno lessthan$250,000 in ic andnon-economic damages. 23' Further,'\lvo ofthe grosssales (curently $51,000) a conservative reasonable is and to theprofits resultingfrom the unauthorized which profits use, shouldbe divulgedto plaintiff.

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I 1 1

(Publicity that praces praintiff in a FarseLight Against Ail Defendants) 24. Plaintiffrealleges incorporates reference and by eachandeveryallegation contained in 1 through23 of.thiscomplaint,asthoughsetforth in full herein. 25' Defendants publicizedmaterialthatshowed Plaintiffas a wantedfugitive The falselight of showingPlaintiff asa wantedfugitive in Defendants, Movie is, and 26'

1 1 I 1 1 I

be' highly offensiveto a reasonable personin plaintifps 27'

position. and

Defendants werenegligentin determining truth of their depiction plaintiff the of

negligent determining in whethera falseimpression would be s imagein their Movie.

created Defendants, of by use

nameandlikeness in Movie' Plaintiffsufferedimpairment futureearning to capacity, damage his reputation, to mental andsuffering humiliation,andembarrassment which for he hasincunedno lessthan$250,000 economic non-economic and damages. PRAYER FOR RELIEF plaintiffprays for judgment WHEREFORE, asfollows: The sumof $51,000, interest plus thereon rateof gvoperannum at from therelease date theMovie for Plaintiff's teasonable share Defendants' of profits for plaintiff,s First andSecond ims for Relief against Defendants; 1'

28'

As a directandproximate resultof Defendant's of plaintifps use

MCNAMER ANDCorupnrw pc
920 sw TrIRD AVE.,STE.200 PoRrL^ND, OR 97204 -7 P: 5O3 21-256 F: S0!72i -2SO I

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Thesumof $750'00or theactual damages, alongwith plaintifps attorney feesandcosts uantto california civil code praintifpssecond $3344)for craim for Rerief; 3' Thesumof $250,000 economic for andnon economic damages plaintiff,s First, for andThird Claimsfor Reliefagainst Defendants; 4' For an orderto destroy current alr inventoryof theMovie and trailer and to delete ntiff's imagefrom anyfurtherversions of the Movie; For an orderprohibitinganyfuture distributionof theMovie usingPlaintifps photograph Iikeness; and 6' For suchotherandfurtherreriefas the court may deem just andproper. 5'

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I I 1 1 1 I L 1 1

ATED: November 1,2011

E.'tvlcNamei(BEM. 178e11) ' ; for Plaintiff

5 - Complaint
MCNAMER AND COVPNTW PC 920 SW TrrrRD AvE., sTE.200 PORTITND, 97204 OR Pt 50!727-256 F SO!T27-?j,O|