Loren D. Podwill, OSB #843241 

E-Mail: loren.podwill@bullivant.com 

Nels Vulin, OSB #124884 

E-Mail: nels.vulin@bullivant.com 

BULLIVANT HOUSER BAILEY PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

Facsimile: 503.295.0915 

Attorneys for Plaintiffs 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

BROADCAST MUSIC, INC.; SONY/ATV 

SONGS LLC; THE BERNARD EDWARDS 

COMPANY LLC; EMI VIRGIN SONGS, 

INC. d/b/a EMI LONGITUDE MUSIC; 

PWMP ACQUISITION I LLC d/b/a 

PRIMARY WAVE BRIAN; HOT-CHA 

MUSIC CO.; UNICHAPPELL MUSIC 

INC.; UNIVERSAL MUSIC MGB NA LLC 

d/b/a UNIVERSAL MUSIC CAREERS; 

BEECHWOOD MUSIC CORPORATION; 

E. 0. SMITH MUSIC; EMI BLACKWOOD 

MUSIC, INC.; HIP CITY MUSIC INC.; and 

HIFROST PUBLISHING, 

Plaintiffs, 

v. 

TRIPLE NICKEL PUB, LLC d/b/a TRIPLE 

NICKEL PUB; and FADI NABOULSI, 

individually, 

COMPLAINT 

Civil No.: 

Defendants. 

BullivanttHouserlBailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

COMPLAINT 

Page 1 

Case 3:14-cv-01093-HZ Document 1 Filed 07/09/14 Page 1 of 7 Page ID#: 1
Plaintiffs, by their attorneys, for their Complaint against Defendants, allege as follows 

(on knowledge as to Plaintiffs; otherwise on information and belief): 

JURISDICTION AND VENUE 

1. This is a suit for copyright infringement under the United States Copyright Act 

of 1976, as amended, 17 U.S.C. Sections 101 et seq. (the "Copyright Act"). This Court has 

jurisdiction pursuant to 28 U.S.C. Section 1338(a). 

2. Venue is proper in this judicial district pursuant to 28 U.S.C. Section 1400(a). 

THE PARTIES 

3. Plaintiff Broadcast Music, Inc. ("BMI") is a corporation organized and existing 

under the laws of the State of New York. BMI's principal place of business is 7 World Trade 

Center, 250 Greenwich Street, New York, New York 10007. BMI has been granted the right to 

license the public performance rights in approximately 8.5 million copyrighted musical 

compositions (the "BMI Repertoire"), including those which are alleged herein to have been 

infringed. 

4. The Plaintiffs other than BMI are the owners of the copyrights in the musical 

compositions, which are the subject of this lawsuit. All Plaintiffs are joined pursuant to Fed. R. 

Civ. P. 17(a) and 19(a). 

5. Plaintiff Sony/ATV Songs LLC is a limited liability company. This Plaintiff is 

the copyright owner of at least one of the songs in this matter. 

6. Plaintiff The Bernard Edwards Company LLC is a limited liability company. 

This Plaintiff is the copyright owner of at least one of the songs in this matter. 

7. Plaintiff EMI Virgin Songs, Inc. is a corporation d/b/a EMI Longitude Music. 

BullivantlHouserlBailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

COMPLAINT 

Page 2 

Case 3:14-cv-01093-HZ Document 1 Filed 07/09/14 Page 2 of 7 Page ID#: 2
This Plaintiff is the copyright owner of at least one of the songs in this matter. 

8. Plaintiff PWMP Acquisition I LLC is a limited liability company d/b/a Primary 

Wave Brian. This Plaintiff is the copyright owner of at least one of the songs in this matter. 

9. Plaintiff Hot-Cha Music Co. is a partnership owned by Daryl Hall and John 

Oates. This Plaintiff is the copyright owner of at least one of the songs in this matter. 

10. Plaintiff Unichappell Music Inc. is a corporation. This Plaintiff is the copyright 

owner of at least one of the songs in this matter. 

11. Plaintiff Universal Music MGB NA LLC is a limited liability company d/b/a 

Universal Music Careers. This Plaintiff is the copyright owner of at least one of the songs in 

this matter. 

12. Plaintiff Beechwood Music Corporation is a corporation. This Plaintiff is the 

copyright owner of at least one of the songs in this matter. 

13. Plaintiff E. 0. Smith Music is a sole proprietorship owned by Rivers Cuomo. 

This Plaintiff is the copyright owner of at least one of the songs in this matter. 

14. Plaintiff EMI Blackwood Music Inc. is a corporation. This Plaintiff is the 

copyright owner of at least one of the songs in this matter. 

15. Plaintiff Hip City Music Inc. is a corporation. This Plaintiff is the copyright 

owner of at least one of the songs in this matter. 

16. Plaintiff Hifrost Publishing is a partnership owned by Hiriam Hicks and Elliot 

Straite. This Plaintiff is the copyright owner of at least one of the songs in this matter. 

17. Defendant Triple Nickel Pub, LLC is a limited liability company organized and 

existing under the laws of the state of Oregon, which operates, maintains and controls an 

establishment known as Triple Nickel Pub, located at 3646 SE Belmont St., Portland, Oregon 

BullivantlHouseriBailey PC COMPLAINT 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

Page 3 

Case 3:14-cv-01093-HZ Document 1 Filed 07/09/14 Page 3 of 7 Page ID#: 3
97214-4326, in this district (the "Establishment"). 

18. In connection with the operation of the Establishment, Defendant Triple Nickel 

Pub, LLC publicly performs musical compositions and/or causes musical compositions to be 

publicly performed. 

19. Defendant Triple Nickel Pub, LLC has a direct financial interest in the 

Establishment. 

20. Defendant Fadi Naboulsi is the managing member of Defendant Triple Nickel 

Pub, LLC with primary responsibility for the operation and management of that limited liability 

company and the Establishment. 

21. Defendant Fadi Naboulsi has the right and ability to supervise the activities of 

Defendant Triple Nickel Pub, LLC and a direct financial interest in that limited liability 

company and the Establishment. 

CLAIMS OF COPYRIGHT INFRINGEMENT 

22. Plaintiffs repeat and reallege each of the allegations contained in paragraphs 1 

through 21. 

23. Plaintiffs allege eight (8) claims of willful copyright infringement, based upon 

Defendants' unauthorized public performance of musical compositions from the BMI 

Repertoire. All of the claims for copyright infringement joined in this Complaint are governed 

by the same legal rules and involve similar facts. Joinder of these claims will promote the 

convenient administration of justice and will avoid a multiplicity of separate, similar actions 

against Defendants. 

24. Attached as Exhibit 1 to this Complaint and incorporated herein is a schedule 

identifying some of the many musical compositions whose copyrights were infringed by 

BullivantlHouserlBailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

COMPLAINT 

Page 4 

Case 3:14-cv-01093-HZ Document 1 Filed 07/09/14 Page 4 of 7 Page ID#: 4
Defendants (the "Schedule"). The Schedule contains information on the eight (8) claims of 

copyright infringement at issue in this action. Each numbered claim has the following eight 

lines of information (all references to "Lines" are lines on the Schedule): Line 1 providing the 

claim number; Line 2 listing the title of the musical composition related to that claim; Line 3 

identifying the writer(s) of the musical composition; Line 4 identifying the publisher(s) of the 

musical composition and the plaintiff(s) in this action pursuing the claim at issue; Line 5 

providing the date on which the copyright registration was issued for the musical composition; 

Line 6 indicating the copyright registration number(s) for the musical composition; Line 7 

showing the date(s) of infringement; and Line 8 identifying the Establishment where the 

infringement occurred. 

25. For each work identified on the Schedule, the person(s) named on Line 3 was the 

creator of that musical composition. 

26. For each work identified on the Schedule, on or about the date(s) indicated on 

Line 5, the publisher(s) named on Line 4 (including any predecessors in interest), complied in 

all respects with the requirements of the Copyright Act and received from the Register of 

Copyrights Certificates of Registration bearing the number(s) listed on Line 6. 

27. For each work identified on the Schedule, on the date(s) listed on Line 7, 

Plaintiff BMI was (and still is) the licensor of the public performance rights in the musical 

composition identified on Line 2. For each work identified on the Schedule, on the date(s) 

listed on Line 7, the Plaintiff(s) listed on Line 4 was (and still is) the owner of the copyright in 

the respective musical composition listed on Line 2. 

28. For each work identified on the Schedule, on the date(s) listed on Line 7, 

Defendants publicly performed and/or caused to be publicly performed at the Establishment the 

BullivantlHouseriBailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

COMPLAINT 

Page 5 

Case 3:14-cv-01093-HZ Document 1 Filed 07/09/14 Page 5 of 7 Page ID#: 5
musical composition identified on Line 2 without a license or permission to do so. Thus, 

Defendants have committed copyright infringement. 

29. The specific acts of copyright infringement alleged in the Complaint, as well as 

Defendants' entire course of conduct, have caused and are causing Plaintiffs great and 

incalculable damage. By, continuing to provide unauthorized public performances of works in 

the BMI Repertoire at the Establishment, Defendants threaten to continue committing copyright 

infringement. Unless this Court restrains Defendants from committing further acts of copyright 

infringement, Plaintiffs will suffer irreparable injury for which they have no adequate remedy at 

law. 

WHEREFORE, Plaintiffs pray that: 

(I) Defendants, their agents, servants, employees, and all persons acting under their 

permission and authority, be enjoined and restrained from infringing, in any manner, the 

copyrighted musical compositions licensed by BMI, pursuant to 17 U.S.C. Section 502; 

(H) Defendants be ordered to pay statutory damages, pursuant to 17 U.S.C. Section 

504(c); 

(III) Defendants be ordered to pay costs, including a reasonable attorney's fee, pursuant 

to 17 U.S.C. Section 505; and 

BullivantlHouseriBailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

COMPLAINT 

Page 6 

Case 3:14-cv-01093-HZ Document 1 Filed 07/09/14 Page 6 of 7 Page ID#: 6
By 

Loren D. Podwill 

OSB #843241 

Nels Vulin 

OSB #124884 

Telephone: 503.228.6351 

Attorneys for Plaintiffs 

(IV) Plaintiffs have such other and further relief as is just and equitable. 

DATED: July 8, 2014 

BULLIVANT HOUSER BAILEY PC 

15021821.1 

BullivantlHouserlBailey PC 

300 Pioneer Tower 

888 SW Fifth Avenue 

Portland, Oregon 97204-2089 

Telephone: 503.228.6351 

COMPLAINT 

Page 7 

Case 3:14-cv-01093-HZ Document 1 Filed 07/09/14 Page 7 of 7 Page ID#: 7