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Imran F. Vakil, Esq. (Bar No. 248859)

ivakil@nexiolaw.com 

Kathrynn Benson, Esq. (Bar No. 311000)

kbenson@nexiolaw.com

NEXIO, PC

245 Fischer Avenue

Suite C3

Costa Mesa, CA 92626

Phone: (949) 478-6830

Facsimile: (949) 478-1275

Attorneys for Plaintiff, 

Live Face On Web, LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

LIVE FACE ON WEB, LLC,

a Pennsylvania limited liability company, 

 Plaintiff,

v.

GATEWAY FUND RAISING SERVICES, 

INC.; and DOES 1-10 INCLUSIVE,

 Defendants.

Case No. 4:17-cv-374

COMPLAINT FOR COPYRIGHT 

INFRINGEMENT

DEMAND FOR JURY TRIAL

Case 3:17-cv-00374-MEJ Document 1 Filed 01/24/17 Page 1 of 12
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Plaintiff Live Face on Web, LLC (“LFOW”), by and through its attorneys of record, 

complains against Gateway Fund Raising Services, Inc. (“Gateway” or “Defendant”) and 

DOES 1-10 inclusive (“DOES”)(collectively “Defendants”) as follows:

JURISDICTION AND VENUE

1. This is a civil action for copyright infringement in violation of the United 

States Copyright Act, 17 U.S.C. §§ 101 et seq. This Court has subject matter jurisdiction 

over the copyright infringement under 28 U.S.C. § 1331, 17 U.S.C. § 501(a), and 28 U.S.C. 

§ 1338(a) and (b). 

2. As set forth herein, Defendant has used and distributed LFOW’s software 

and/or infringing derivative works thereof on the website(s) located at 

gatewayfundraising.com (the “Defendant’s website” or “gatewayfundraising.com”), which 

are the subject of U.S. Copyright Registrations. Upon information and belief, Gateway 

owns, operates, and/or controls Defendant’s website. 

3. This Court has personal jurisdiction over Gateway because it has conducted 

business in and continues to conduct business in this District. Defendant is subject to the 

general and specific personal jurisdiction of this Court because of its continuous and 

systematic contacts with the State of California and this District.

4. Venue is proper in this District under 28 U.S.C. §§ 1391(b) and (c) and 28 

U.S.C. § 1400(a) in that the claim arises in this Judicial District, the Defendants may be 

found and transact business in this Judicial District, and the injury suffered by Plaintiff took 

place in this Judicial District. 

PARTIES

5. Plaintiff LFOW is a limited liability company incorporated and existing under 

the laws of Pennsylvania, with its principal place of business 1300 Industrial Boulevard, 

Suite 212, Southampton, PA 18966. 

6. Defendant Gateway, is a California Corporation with a principal place of 

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business at 2350 Whitman Road, Suite F, Concord, CA 94518. On information and belief, 

Defendant Gateway is an operator of the website gatewayfundraising.com. 

7. DOES 1 through 10, inclusive, are unknown to Plaintiff, who therefore sues 

said Defendants by such fictitious names. Plaintiff will ask leave of Court to amend this 

Complaint and insert the true names and capacities of said Defendants when the same have 

been ascertained. Plaintiff is informed and believes and, upon such, alleges that each of the 

Defendants designated herein as a “DOE” is legally responsible in some manner for the 

events and happenings herein alleged, and that Plaintiff’s damages as alleged herein were 

proximately caused by such Defendants.

FACTS COMMON TO ALL COUNTS

Plaintiff’s Business and Copyrighted Technology

8. LFOW is a software company specializing in borderless video technology. 

LFOW is the developer and owner of “live person” software, which is an original work of 

authorship independently created by LFOW (“LFOW Code”).

9. The LFOW Code allows a company to display a video of a “walking” and 

“talking” personal host who introduces a website to an online visitor. The personal host is, 

in effect, a web spokesperson for the specific company for whom the video has been 

created. Typically the web spokesperson explains a company’s products and/or services 

and directs a visitor’s attention to a particular product or aspect of the website. The LFOW 

Code is representative of LFOW’s advertising idea: LFOW (and its customers) advertise

services and solicit business through the use of a website spokesperson, which is typically 

tailored to specific goods and services found on the associated website. 

10. The LFOW Code enables a company to customize and dynamically modify 

settings and functionality of the web spokesperson. By way of example, a customer 

utilizing the LFOW Code can: (a) manipulate the positioning of the web spokesperson on 

its website and select between static, relative or dynamic positioning features; (b) adjust the 

delay between the time an online visitor enters the website and the start time of the web 

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spokesperson’s presentation; (c) select the number of times a video presentation plays for 

each particular visitor; and (d) select “click on me” functionality that directs a user to a 

predetermined page or section of the website which promotes goods or services and/or 

reinforces the image and brand of the customer.

11. The LFOW Code seeks to enhance a web site by using a real spokesperson to 

capture, hold and prolong the attention of the average online visitor, enhancing the ability 

of the website to advertise specific goods and services. This technique has a direct positive 

impact on sales and/or the brand, public image and reputation of any company that has an 

online presence.

12. Generally speaking, the LFOW Code can be implemented by LFOW’s 

customers by modifying the HTML code of the LFOW customer’s website. An HMTL 

script tag is embedded in the HTML code of the LFOW customer’s website, which links 

the LFOW customer’s website to a copy of the LFOW Code. An LFOW customer has the 

option of storing the copy of the LFOW Code on the same webserver(s) as the customer’s 

website, or storing the copy of the LFOW Code on a different webserver(s) than the 

website. Many of LFOW’s customers choose to have the copy of the LFOW Code stored 

on LFOW’s webservers.

13. Regardless of the particular webserver(s) where the LFOW Code is stored, the 

functionality and result is the same. When a web browser is directed to a website linked to 

the LFOW Code, the embedded HTML script tag is read by the web browser and causes 

the automatic distribution of a copy of the LFOW Code. The LFOW Code is automatically 

saved by the web browser into cache, and/or a hard drive(s), and loaded into computer 

memory and/or RAM (random access memory). As a result of the distribution of the 

LFOW Code, the specific web spokesperson video is automatically launched and displayed 

to advertise on the associated website. 

14. The LFOW Code has been consistently licensed to customers for a monthly 

license fee by LFOW. LFOW also charges additional fees for other services associated with 

the provision of the LFOW Code in addition to the monthly license fee. 

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15. LFOW has registered the LFOW Code. Pertinent to this action, on December 

20, 2007, LFOW duly registered the copyright in the LFOW Code version 7.0.0, prior to 

the publication of version 7.0.0, in the United States Copyright Office, as evidenced by the 

certificate of registration for TXu001610441, which was issued by the Register of 

Copyrights. A true and correct copy of the certificate of registration is attached hereto as 

Exhibit A, and a true and correct copy of the deposit work for TXu001610441 is attached 

hereto as Exhibit A1. 

Defendant’s Copyright Infringement

16. Defendant owns, and/or operates and/or controls the gatewayfundraising.com 

website(s). A copy of the HTML source code for the Defendant’s website is found at 

Exhibit B.

17. Defendant’s website advertises and promotes the products and/or services of 

Defendant.

18. Upon information and belief, Defendant has used a web spokesperson video to 

promote Defendant’s products and/or services. 

19. Upon information and belief, in order to display the web spokesperson video 

on Defendant’s website, Defendant used and distributed, without permission, and therefore 

infringed upon, the infringing version of the LFOW Code. 

20. Upon information and belief, Defendant has the right and ability to modify its

own website or to have its website modified on Defendant’s behalf. 

21. Upon information and belief, in order to implement the infringing version of 

the LFOW Code, Defendant’s website was modified by or on behalf of Defendant to 

include the following website source code and/or text, shown in Exhibit B: 

http://tweople.com/client/multi_new.js.php?id=171. 

22. This modification links the Defendant’s website to 

http://tweople.com/client/multi_new.js.php?id=171 (the source code for which is attached 

at Exhibit C1), which links to the file “http://tweople.com/client/playerbase-multi.js”, an 

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infringing version of the LFOW Code. A copy of “playerbase-multi.js” is found at Exhibit 

C2. 

23. As a result of the modification to the Defendant’s website referenced above, 

when a web browser retrieves a page from the Defendant’s website, a copy of the 

infringing version of the LFOW Code is distributed by Defendant to the website visitor and 

stored on the visitor’s computer in cache, memory and/or its hard drive. Accordingly, each 

visit to the Defendant’s website is a new act of copyright infringement. 

24. The infringing version of the LFOW Code, shown at Exhibit C2, is strikingly 

similar (and at the very least substantially similar) to the LFOW Code, and includes one or 

more instances of “LFOW,” which is a reference to LFOW. The infringing version of the 

LFOW Code also includes the unique prefixes “lf_,” which were arbitrarily chosen by 

LFOW to mark its code and indicate LFOW’s unique and original code. There is no 

functional value to the use of the letters “LFOW” or “lf_” in the LFOW Code. Instead, 

these were both chosen as references to LFOW and its code.

25. The web spokesperson video that launches on Defendant’s website is a result 

of Defendant’s distribution of the infringing version of the LFOW Code, which advertises 

and promotes the products and/or services of Defendant, encouraging the website viewer to 

purchase and/or use Defendant’s products and/or services, thereby providing a monetary 

benefit to Defendant. Thus, Defendant’s copyright infringement of the LFOW Code is in 

its advertising, and the infringement is for the purpose of advertising its products and/or 

services.

26. Defendant intends for a copy of the infringing version of the LFOW Code to 

be distributed to website visitors in its advertising, as this is necessary for the video 

spokesperson to appear on the screen of the website visitor. The volitional distribution of 

the infringing version of the LFOW Code by Defendant to its website visitors is seamless 

and transparent for the website visitors, who are able to view the video spokesperson 

advertising Defendant’s products and/or services by virtue of receiving the copy of the 

infringing version of the LFOW Code.

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27. Defendant profits directly from and have a direct financial interest in the 

infringement, because the use of the infringing version of the LFOW Code allows 

Defendant to more effectively promote and sell its products and/or services by capturing, 

holding and prolonging the attention of the average online visitor, providing a direct 

positive impact on sales and/or the brand, public image and reputation of Defendant. 

28. The infringing version of the LFOW Code is a sales and advertising tool for 

Defendant to generate revenues and profits and, upon information and belief, the use and 

misuse of the infringing version of the LFOW Code by Defendant did in fact generate 

revenues and profits for Defendant, as more fully described below.

29. Defendant unlawfully and continuously used the infringing version of the 

LFOW Code on unauthorized Web Page(s), for which Defendant did not pay applicable 

license fees and video production fees to LFOW. 

30. The unlawful use, reproduction and/or distribution of the infringing version of 

the LFOW Code on the Defendant’s website constitutes infringement of LFOW’s 

intellectual property rights, including, without limitation, LFOW’s registered copyrighted 

material(s).

31. As a result of foregoing conduct of Defendant, LFOW has suffered significant 

harm and loss.

32. Upon information and belief, Defendant actively induced end users to visit its

website(s), and thereafter distributed the infringing version of the LFOW Code to end users 

(e.g. website visitors) numerous times. The actual number can only be ascertained through

discovery.

33. Defendant has caused, enabled, facilitated, and/or materially contributed to the 

infringement by, inter alia, distributing copies of the infringing version of the LFOW Code

to each visitor via the Defendant’s website and refused to exercise its ability to stop the 

infringement made possible by the modification and continuous operation of its website(s).

34. As the owner of the registered copyright in the LFOW Code, LFOW has an 

interest in protecting its rights against such copyright infringement.

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35. Under the authority of 17 U.S.C. § 504, LFOW is entitled to elect either to 

recover actual damages or statutory damages against Defendant for each act of copyright 

infringement. LFOW intends to pursue actual damages unless otherwise indicated before 

the election period ends.

FIRST CLAIM FOR RELIEF

(Copyright Infringement, 17 U.S.C. § 501 Against all Defendants)

36. Plaintiff LFOW incorporates here by reference the allegations in the preceding 

paragraphs above, as set forth fully herein.

37. This claim arises under 17 U.S.C. § 501 for direct and/or vicarious 

infringement of registered copyright(s) as against the Defendants named in this Complaint.

38. LFOW is the owner of all rights, title and interest in valid copyright 

registration TXu001610441, which substantially consists of material wholly original with 

Plaintiff and which are copyright subject matter under the laws of the United States. 

LFOW has complied in all respects with the provisions of the Copyright Act, 17 U.S.C. §§ 

101 et seq., and all other laws of the United States governing copyrights to secure the 

exclusive rights and privileges in and to the copyrights of the items identified herein.

39. The infringing version of the LFOW Code used and distributed by Defendant 

is at least substantially similar to the LFOW Code protected by TXu001610441.

40. Defendant, through its agent(s), vendor(s), officer(s), and/or employee(s), 

modified Defendant’s website to cause the copying, use and distribution of the infringing 

version of the LFOW Code, and unless enjoined, Defendant will continue to infringe 

LFOW’s copyright by reproducing, displaying, distributing and utilizing the infringing 

version of the LFOW Code for purposes of trade in violation of 17 U.S.C. § 501 et seq.

41. The past and ongoing copying, use and distribution of the infringing version of 

the LFOW Code by Defendant results in actual damage to LFOW, including but not limited 

to the loss of licensing revenue lost as a result of Defendant’s infringement.

42. Defendant’s acts is and were performed without the permission, license or 

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consent of LFOW.

43. Defendant has profited from and have a direct financial interest in the 

infringement, because the use of the infringing version of the LFOW Code allows 

Defendant to more effectively promote and sell its product(s) and/or service(s) on its own 

website(s) by capturing, holding, and prolonging the attention of the average online visitor, 

providing a direct positive impact on sales and/or brand, public image and reputation of 

Defendant. 

44. Because Defendant owns, operates and/or controls its website, Defendant also 

has the right and ability to supervise and control the infringement and infringer by virtue of 

its ownership and control of its own website, but failed to do so. 

45. The wrongful acts of Defendant has caused, and is causing, great injury to 

LFOW, of which damages cannot be accurately computed, and unless this Court restrains 

the Defendant from further commission of said acts, LFOW will suffer irreparable injury, 

for which it is without an adequate remedy at law. Accordingly, LFOW seeks a declaration 

that Defendant is infringing LFOW’s copyright and an order under 17 U.S.C. § 502 

enjoining the Defendant from any further infringement of LFOW’s copyright(s).

46. As a result of the acts of Defendant as alleged herein, LFOW has suffered and 

is suffering substantial damage to its business in the form of diversion of trade, loss of 

profits, injury to goodwill and reputation, and the dilution of the value of its rights, all of 

which are not yet fully ascertainable.

47. LFOW did not know of and could not have reasonably known of Defendants’ 

infringement more than three years prior to filing this action.

48. Pursuant to 17 U.S.C. §§ 503(a) and 503(b), LFOW is entitled to an order 

impounding the infringing articles and the means by which such infringing articles were 

produced and/or reproduced.

49. Pursuant to 17 U.S.C. § 504, LFOW is also entitled to recover actual damages 

and any profits of Defendant, or, alternatively, to recover statutory damages of up to 

$150,000 for each work infringed. Again, LFOW intends to pursue actual damages unless 

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otherwise indicated before the election period ends.

50. Pursuant to 17 U.S.C. § 505, LFOW is entitled to an award of attorneys’ fees 

and costs. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff requests judgment against Defendants as follows:

1. Finding Defendant liable for copyright infringement by virtue of Defendant’s 

past and ongoing unauthorized use of LFOW’s Software;

2. Finding Defendant’s copyright infringement to be voluntary and intentional 

violation of Defendant’s known duties, and therefore willful;

3. Finding LFOW to have suffered, and to continue suffering harm that is 

irreparable and otherwise without an adequate remedy at law;

4. A permanent injunction under 17 U.S.C. §§502 and 503, enjoining Defendant,

its officers, agents, servants, employees, and all person in active concert or participation 

with them, from further infringement, including but not limited to the cessation of 

operation of Defendant’s website; 

5. An award of damages against Defendant under §504;

6. An order requiring an accounting be made for all profits, income, receipts or 

other benefit derived by Defendant from the reproduction, copying, display, promotion, 

distribution or sale of products and services, or other media, either now known or hereafter 

devised, that improperly or unlawfully infringes upon Plaintiff’s copyrights pursuant to 17 

U.S.C. §§ 504 (a)(1) & (b);

7. Requiring Defendant to account for and pay over to Plaintiff all profits derived 

by Defendant from its acts of copyright infringement and to reimburse Plaintiff for all 

damages suffered by Plaintiff by reasons of Defendant’s acts, pursuant to 17 U.S.C. §§ 504 

(a)(1) & (b);

8. An award under 17 U.S.C. § 505 allowing recover of the full costs of this 

action, including LFOW’s reasonable attorneys’ fees and costs; 

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9. That all DOES who have acted in concert with Defendant be held jointly and 

severally liable; and

10. That Plaintiff be awarded any such other and further relief as the Court may 

deem just and appropriate. 

Dated: January 24, 2017 NEXIO, PC

By: 

Kathrynn Benson

 Attorneys for Plaintiff, 

 Live Face on Web, LLC

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DEMAND FOR JURY TRIAL

Plaintiff Live Face On Web, LLC hereby demands trial by jury of all issues so triable 

under the law.

Dated: January 24, 2017 NEXIO, PC

By: 

Kathrynn Benson

 Attorneys for Plaintiff, 

 Live Face on Web, LLC

Case 3:17-cv-00374-MEJ Document 1 Filed 01/24/17 Page 12 of 12