1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Case No. 5:17-cv-00644 COMPLAINT

KRONENBERGER ROSENFELD, LLP

Karl S. Kronenberger (Bar No. 226112)

Jeffrey M. Rosenfeld (Bar No. 222187)

Virginia A. Sanderson (Bar No. 240241)

150 Post Street, Suite 520

San Francisco, CA 94108

Telephone: (415) 955-1155

Facsimile: (415) 955-1158

karl@KRInternetLaw.com

jeff@KRInternetLaw.com

ginny@KRInternetLaw.com 

Attorneys for Plaintiff OrionClick LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ORIONCLICK LLC, a California limited 

liability company,

Plaintiff,

v.

KELVIN INOCENT, an individual,

YMA INOCENT, an individual,

IRON PEAK HOLDINGS, LLC, a Texas 

limited liability company dba

CONCEALEDAMERICAONLINE.COM, 

and DOES 1 through 10, inclusive,

Defendants.

Case No. 5:17-cv-00644

COMPLAINT FOR COPYRIGHT 

INFRINGEMENT

DEMAND FOR JURY TRIAL

Case 3:17-cv-00644-JCS Document 1 Filed 02/08/17 Page 1 of 11
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Case No. 5:17-cv-00644 1 COMPLAINT

Plaintiff OrionClick LLC (“Plaintiff”), by and through its undersigned counsel, 

alleges as follows:

INTRODUCTION

1. Plaintiff owns and operates the website <ConcealedOnline.com> through 

which it provides an online training course (the “Course”) for handgun owners prefatory 

to their application with the Virginia State Police for a concealed carry license.

2. Plaintiff has invested substantial time and money in developing the 

Course. Plaintiff hired a licensed gun-safety instructor to assist Plaintiff in writing the 

Course, which consists of several components, including (a) qualifying questions, (b) a 

training Video (the “Video”), (c) an online test, and (d) a certificate of completion (the 

“Certificate”) that complies with the requirements of the Virginia State Police and 

Virginia law for proof of completion of a qualified online training course. 

3. Plaintiff has a copyright registration with the United States Copyright Office 

(“USCO”) covering the Certificate (USCO Registration No. VA 2-027-548) and has 

applied for copyright registration for the Video (USCO Case No. 1-4376666721).

4. Defendant Iron Peak Holdings, LLC, its principal, Defendant Yma Inocent, 

and her husband, Defendant Kelvin Inocent (collectively, “Defendants”) own and operate

the website <ConcealedAmericaOnline.com> (the “Infringing Site”).

5. The Infringing Site is a blatant copy of Plaintiff’s website and Course. The 

Infringing Site uses the same graphics, typeface, coding, and text as Plaintiff’s website, 

changing only the name of the business and, of course, the payment information.

6. The following screenshots, which feature the home page of each website, 

are just one example of how Defendants have blatantly copied Plaintiff’s website:

//

//

//

//

//

Case 3:17-cv-00644-JCS Document 1 Filed 02/08/17 Page 2 of 11
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Case No. 5:17-cv-00644 2 COMPLAINT

 Plaintiff’s Website Defendants’ Infringing Site

7. Defendants’ Infringing Site includes the entirety of Plaintiff’s Video:

Plaintiff’s Website Defendants’ Infringing Site

8. Defendants’ Infringing Site includes Plaintiff’s Certificate, and Defendants 

issue Plaintiff’s Certificate to persons who complete the Course on the Infringing Site:

Plaintiff’s Website Defendants’ Infringing Site

Case 3:17-cv-00644-JCS Document 1 Filed 02/08/17 Page 3 of 11
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Case No. 5:17-cv-00644 3 COMPLAINT

9. Defendants are issuing the Certificate with a forged signature, which is 

intended to be submitted to law enforcement authorities for obtaining gun licenses.

10. Defendants have enlisted the services of numerous Internet-based 

companies within this District to promote the Infringing Site, including by advertising the 

Infringing Site on Facebook and other websites based in Northern California. 

11. Defendants engaged in this misconduct knowingly and in violation of United 

States copyright laws. As a result, Plaintiff has been substantially harmed.

JURISDICTION AND VENUE

12. This Court has subject matter jurisdiction over this federal copyright dispute

pursuant to 28 U.S.C. §§ 1331, 1338(a), and 1367.

13. This Court has personal jurisdiction over Defendants because of 

Defendants’ significant contacts with California and this District, including the fact that 

Defendants have used California-based services, such as Facebook, to offer and sell 

courses through its Infringing Site. Plaintiff’s website, which Defendants have duplicated 

in its entirety, is hosted in California. Moreover, the bulk of harm from Defendants’ 

misconduct has been felt in California, where Plaintiff is located.

14. Venue is proper under 28 U.S.C. § 1391(a)(2) because a substantial part of 

the events or omissions giving rise to this claim occurred in this District. 

INTRADISTRICT ASSIGNMENT

15. Because this lawsuit is an intellectual property action, pursuant to Local 

Civil Rule 3-2, this action should be assigned on a district-wide basis.

PARTIES

16. Plaintiff is a California limited liability company with its principal office in 

Pasadena, California. 

17. On information and belief, Defendants Yma and Kelvin Inocent are 

individiuals residing in San Antonio, Texas.

18. On information and belief, Defendant Iron Peak Holdings, LLC is a Texas 

limited liability company with its principal place of business being the Inocents’ residence 

Case 3:17-cv-00644-JCS Document 1 Filed 02/08/17 Page 4 of 11
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Case No. 5:17-cv-00644 4 COMPLAINT

in San Antonio, Texas. On information and belief, the Inocents have exclusive control of 

Iron Peak Holdings, LLC and have personally directed and participated in the unlawful 

conduct alleged herein.

19. Plaintiff does not know the true names and capacities, whether individual, 

associate, corporate, or otherwise, of Defendants sued herein as Does 1-10 inclusive 

and therefore sues using fictitious names. On information and belief, each Defendant 

sued herein by a fictitious name is in some way liable and responsible to Plaintiff based 

on the facts herein alleged. Plaintiff will amend this Complaint to state the true names 

and capacities of the Doe Defendants once they have been discovered. 

FACTUAL ALLEGATIONS

Plaintiff’s Business and Website

20. In early 2016, Plaintiff created its Course and website to provide national 

consumers with the online training and documentation required to obtain a concealed 

carry license from Virginia.

21. Plaintiff owns and operates the website <ConcealedOnline.com> through 

which it provides its online training Course for handgun owners prefatory to their 

application with the Virginia State Police for a concealed carry license.

22. Plaintiff’s Course is taught by a certified instructor, and Plaintiff’s website 

offers the training Video, downloadable written materials, and information about handgun 

safety and how to get a Virginia concealed carry permit recognized in other qualifying 

states. Upon passing the test offered through Plaintiff’s website and paying a fee, Plaintiff 

provides customers with the Certificate, which documents the educational requirements 

needed to submit a concealed carry application in Virginia.

23. Plaintiff has communicated with the Virginia State Police regarding the 

Course and updates its website regularly to keep permit-holders and applicants informed 

about the various laws affecting their permits. 

24. Plaintiff has spent substantial time and money developing its Course and 

website materials as well as its customer base.

Case 3:17-cv-00644-JCS Document 1 Filed 02/08/17 Page 5 of 11
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Case No. 5:17-cv-00644 5 COMPLAINT

Plaintiff’s Copyrights

25. Plaintiff’s Course and materials therein are original, creative works in which 

Plaintiff owns protectable copyright interests.

26. Plaintiff has obtained a copyright registration for the Certificate (USCO 

Registration No. VA 2-027-548) and has filed a pending copyright application for the 

Video (USCO Case No. 1-4376666721). The content covered by the foregoing 

registration and application is collectively referred to herein as the “Proprietary Content.”

Defendants’ Infringement

27. Defendants are the registered owners and, on information and belief, the 

creators and operators of the Infringing Site, <ConcealedAmericaOnline.com>. 

28. On information and belief, in late 2016 or early 2017, Defendants sought 

the services of web developers abroad, requesting a copy or “rip” of Plaintiff’s Proprietary 

Content by name to create a mirror image of Plaintiff’s website. 

29. On information and belief, Defendants have no legitimate business relating 

to the Infringing Site or training for concealed carry licenses, and Defendants created a 

mirror image of Plaintiff’s Proprietary Content for the sole purpose of defrauding 

consumers into believing the Infringing Site is related to Plaintiff’s business.

30. Defendants’ Infringing Site is a direct word-for-word, image-for-image copy 

of Plaintiff’s Proprietary Content and includes Plaintiff’s Video and Certificate.

31. Like Plaintiff’s website, Defendants’ Infringing Site purports to provide an 

online training “course” for handgun owners prefatory to their application with the Virginia 

State Police for a concealed carry license. On information and belief, Defendants’ 

“course” is not taught by certified instructors and is not authorized by the Virginia State 

Police, demonstrating a blatant disregard for public safety. Further, Defendants are 

blatantly issuing the Certificate with a forged signature, which is intended to be submitted 

to law enforcement authorities for obtaining gun licenses.

32. On information and belief, Defendants also copied Plaintiff’s Proprietary 

Content on Defendants’ social media pages, including Defendants’ Facebook page (the 

Case 3:17-cv-00644-JCS Document 1 Filed 02/08/17 Page 6 of 11
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Case No. 5:17-cv-00644 6 COMPLAINT

“Facebook Page”), which had nearly 13,000 likes by January 2017.

33. On information and belief, Defendants have enlisted the advertising 

services of Facebook and other companies (which are California entities located within 

this District) to promote the Infringing Site, and have used the Proprietary Content in said 

advertising. Indeed, Plaintiff discovered Defendants’ infringement when a Facebook 

advertisement for the Infringing Site, which featured some of the Proprietary Content,

was seen by one of Plaintiff’s principals while he was using Facebook.

34. On information and belief, Defendants copied Plaintiff’s Proprietary Content

onto the Infringing Site, the advertisements therefore, and Defendants’ Facebook Page

without license or permission in bad faith, thereby infringing on Plaintiff’s intellectual 

property rights (the “Infringement”). 

35. On information and belief, Defendants engaged in the Infringement 

knowingly and in violation of United States copyright laws. 

36. The Infringing Site is monetized in that it requests payment for the materials 

and “course” completed through the Infringing Site. On information and belief, 

Defendants have received a financial benefit directly attributable to the Infringement, 

including from consumer payments for the fraudulent courses.

37. As a result of Defendants’ misconduct, Plaintiff has been substantially 

harmed, including through lost profits and loss of goodwill.

FIRST CLAIM FOR RELIEF

Copyright Infringement, 17 U.S.C. §§ 501 et seq.

(Against All Defendants)

38. Plaintiff re-alleges and incorporates each allegation contained in the 

paragraphs above as if fully alleged herein.

39. Plaintiff’s Proprietary Content, including its Course and website content, are 

original, creative works in which Plaintiff owns protectable copyright interests.

40. Plaintiff has a copyright registration and pending copyright application with 

the USCO covering the Proprietary Content.

Case 3:17-cv-00644-JCS Document 1 Filed 02/08/17 Page 7 of 11
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Case No. 5:17-cv-00644 7 COMPLAINT

41. Plaintiff has not licensed use of its Proprietary Content to Defendants, nor 

has Plaintiff assigned any of its exclusive rights in its copyrights to Defendants.

42. On information and belief, without permission or authorization from Plaintiff, 

and in willful violation of Plaintiff’s rights under 17 U.S.C. § 106, Defendants reproduced 

the Course and other Proprietary Content on the Infringing Site, on Defendants’ Internet 

advertisements, and on Defendants’ Facebook Page.

43. Defendants’ reproduction of the Course and Proprietary Content on the 

Infringing Site and Facebook Page constitutes copyright infringement.

44. On information and belief, thousands of people have viewed the unlawful 

copies of Plaintiff’s Proprietary Content on the Infringing Site and Facebook Page.

45. On information and belief, Defendants, and each of them, had knowledge 

of the copyright infringement alleged herein and had the ability to stop the copyright 

infringement, yet willfully chose to engage in the infringing acts regardless.

46. Defendants’ copyright infringement has damaged Plaintiff in an amount to 

be proven at trial.

SECOND CLAIM FOR RELIEF

Contributory Copyright Infringement

(Against Kelvin Inocent and Yma Inocent)

47. Plaintiff re-alleges and incorporates each allegation contained in the 

paragraphs above as if fully alleged herein.

48. On information and belief, each of the Inocents participated in the 

infringement of Plaintiff’s Proprietary Content by, and in addition to the conduct 

discussed above, financially benefiting from the Infringement of Plaintiff’s copyrights in 

the Proprietary Content with the knowledge that Defendant Iron Peak Holdings, LLC did 

not have any rights in the Proprietary Content.

49. On information and belief, the Inocents provided the means by which 

Defendant Iron Peak Holdings, LLC infringed Plaintiff’s copyrights by, among other 

things, registering the Infringing Site, enlisting a duplicate copy or “rip” of Plaintiff’s site 

Case 3:17-cv-00644-JCS Document 1 Filed 02/08/17 Page 8 of 11
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Case No. 5:17-cv-00644 8 COMPLAINT

and Course from Defendants’ web developer, causing the infringing content to be posted 

to the Infringing Site, and enlisting the advertising services of Facebook and others to 

promote the Infringing Site using the Proprietary Content.

50. The Inocents’ contributory copyright infringement has damaged Plaintiff in 

an amount to be proven at trial.

THIRD CLAIM FOR RELIEF

Intentional Interference

(Against All Defendants)

51. Plaintiff re-alleges and incorporates each allegation contained in the 

paragraphs above as if fully alleged herein.

52. Plaintiff had an economic relationship with third parties who wanted to 

complete Plaintiff’s online concealed carry Course, with the probability of future economic 

benefit to Plaintiff in the form of payment for the Course.

53. On information and belief, Defendants had knowledge of Plaintiff’s 

economic relationships, and Defendants intentionally created and operated the Infringing 

Site and Facebook Page to disrupt Plaintiff’s economic relationships.

54. Defendants’ conduct caused disruption of Plaintiff’s economic relationships 

and proximately caused Plaintiff economic damages, including lost sales and lost profit.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment as follows:

1. That the Court enter a judgment finding that Defendants have:

a. Committed copyright infringement in violation of 17 U.S.C. §§ 501 et 

seq.; 

b. Committed contributory copyright infringement; and

c. Intentionally interfered with Plaintiff’s economic relationships.

2. That the Court award damages and monetary relief as follows:

a. Statutory damages against Defendants under 17 U.S.C. § 504(c) of 

$150,000 for each instance of copyright infringement or, in the 

Case 3:17-cv-00644-JCS Document 1 Filed 02/08/17 Page 9 of 11
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Case No. 5:17-cv-00644 9 COMPLAINT

alternative, Plaintiff’s actual damages and Defendants’ wrongful profits 

in an amount to be proven at trial;

b. Plaintiff’s attorney’s fees as allowed by law, including pursuant to 17 

U.S.C. § 505; and

c. Plaintiff’s costs.

3. Such other relief that the Court determines is just and proper. 

Respectfully Submitted, 

Dated: February 8, 2017 KRONENBERGER ROSENFELD, LLP

By: s/ Virginia A. Sanderson 

 Virginia A. Sanderson

Attorneys for Plaintiff OrionClick LLC 

Case 3:17-cv-00644-JCS Document 1 Filed 02/08/17 Page 10 of 11
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Case No. 5:17-cv-00644 10 COMPLAINT

REQUEST FOR JURY TRIAL

Plaintiff hereby demands a trial of this action by jury.

Dated: February 8, 2017 KRONENBERGER ROSENFELD, LLP

By: s/ Virginia A. Sanderson 

 Virginia A. Sanderson

Attorneys for Plaintiff OrionClick LLC 

Case 3:17-cv-00644-JCS Document 1 Filed 02/08/17 Page 11 of 11