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LAW OFFICES

MANOLIO & FIRESTONE, PLC

9300 East Raintree Drive, Suite 120

Scottsdale, Arizona 85260

(480) 222-9100

vmanolio@mf-firm.com

Veronica L. Manolio, SBN 020230

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

IN AND FOR THE DISTRICT OF ARIZONA

AMA MULTIMEDIA, LLC, a Nevada 

limited liability company,

 Plaintiff,

v.

ALEKSANDR HEIT, individually and d/b/a 

SHOOSHTIME.COM and d/b/a 

SHOOSH.CO, 

 Defendants.

Case No. 

COMPLAINT FOR DAMAGES 

AND INJUNCTIVE RELIEF

Plaintiff, AMA Multimedia LLC (hereinafter referred to as “Plaintiff”) by and 

through its counsel, files this complaint against Defendant Aleksandr Heit, individually 

and d/b/a Shooshtime.com, and the Doe Defendants (collectively hereinafter referred to 

as “Defendant” or “Defendants”).

PARTIES, JURISDICTION AND VENUE

1. Plaintiff AMA Multimedia LLC is a Nevada limited liability company with 

it principal place of business in Las Vegas, Nevada. 

2. Defendant Aleksandr Heit, in conjunction with the Doe defendants, owns 

and/or operates Shooshtime.com and/or Shoosh.co, Internet web sites that display and 

distribute adult oriented videos, content, and services. Aleksandr Heit is a resident of 

Maricopa County, Arizona.

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3. The Shooshtime.com domain name is held by Domains By Proxy, LLC 

using registrar GoDaddy.com, LLC. Domains By Proxy, LLC is a Delaware limited 

liability company registered and doing business in Arizona. GoDaddy.com, LLC is a 

Delaware limited liability company registered in Arizona and doing business in Arizona.

4. The owner(s) of Shooshtime.com attempt to hide their identity through the 

use of Domains By Proxy, LLC. 

5. Upon information and belief, the infringed copyrighted material claimed to 

be displayed on Shooshtime.com is located, served through and/or maintained on servers 

owned by Easy Online Solutions, Ltd, d/b/a Mojohost, registered to do business in 

Bingham Farms, Michigan. 

6. The Shoosh.co domain name is also held by Domains By Proxy, LLC using 

registrar GoDaddy.com, LLC, and the owner(s) of Shoosh.co attempt to hide their 

identity through the use of Domains By Proxy, LLC. 

7. Upon information and belief, the infringed copyrighted material claimed

herein to be displayed on Shoosh.co is also located, served through and/or maintained on 

servers owned by Easy Online Solutions, Ltd, d/b/a Mojohost.

8. The Court has personal jurisdiction over the Defendants, who have engaged 

in business activities in this District and directed to this District, and who have committed 

tortious acts within this District or directed at this District. See, 28 U.S.C. §§1391(b), (c) 

and/or (d) and 28 U.S.C. § 1400(a). 

9. Any alien defendant is subject to jurisdiction in any district. See 28 U.S.C. 

1391 (“An alien may be sued in any district.”) See also Fed. R. Civ. P. 4(k)(2). 

10. This Court has subject matter jurisdiction over Plaintiff’s federal claims 

pursuant to 17 U.S.C. § 101 et seq., Section 32 of the Lanham Act, 15 U.S.C. §1114(1), 

15 U.S.C. § 1121, 15 U.S.C. §1125, 28 U.S.C. §1331 and 28 U.S.C. §1338.

11. Venue is appropriate in this District pursuant to 28 U.S.C. §§1391(b), (c). 

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12. The named Plaintiff, AMA Multimedia, LLC (“AMA”) is a Nevada limited 

liability company with its principal place of business in Las Vegas, Nevada.

13. Plaintiff AMA produces adult audiovisual material, which it distributes 

through DVD sales and the World Wide Web via its web sites under its known brands 

“Passion-HD” and “Porn Pros,” among others. 

14. The AMA websites, a network of twenty plus adult entertainment 

properties, are paid membership sites featuring over 1000 models in exclusive content.

15. AMA is the rightful copyright, trademark, and intellectual property owner 

of the respective United States copyrights, trademarks and intellectual property that is the 

basis for this action.

16. AMA holds over 900 U.S. Copyright Registrations for its audiovisual work 

and 12 Trademarks for its brands, including for all works listed in this Complaint.

17. AMA is the respective producer, distributor, and exclusive licensor of its 

own motion pictures in the United States as well as throughout the world. 

18. AMA has registered with the United States Copyright Office the 

copyrighted works identified in this Complaint. Plaintiff’s videos are watermarked with 

Plaintiff’s readily identifiable logo.

19. AMA’s Porn Pros trademark and service mark has been continuously used 

in commerce since February 2008. U.S. Trademark Registration No. 3566875 was 

registered on January 27, 2009.

20. AMA engages in extremely limited licensing of its content to other entities 

or websites for viewing, in addition to the small sample of promotional materials 

provided to affiliates for the sole purpose of the affiliates’ promoting AMA property. 

Any licensing is done with the intent for brand exposure and is limited to a small subset 

of hand-selected content. Predominantly, the AMA business model is simply that a user 

must be a paid member to an AMA site to view AMA works.

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21. AMA has expended considerable effort and expense in promoting its 

trademark and the goods sold under the trademark Porn Pros. As a result, the purchasing 

public has come to know, rely upon and recognize the mark Porn Pros as an international 

brand of high quality adult entertainment.

22. AMA’s Passion-HD.com trademark and service mark has been 

continuously used in commerce since December 2011. U.S. Trademark Registration No. 

4190291 was registered on August 14, 2012.

23. AMA has expended considerable effort and expense in promoting its 

trademark and the goods sold under the trademark Passion-HD.com. As a result, the 

purchasing public has come to know, rely upon and recognize the mark Passion-HD.com 

as an international brand of high quality adult entertainment.

24. AMA’s Passion-HD trademark and service mark has been continuously 

used in commerce since December 2011. U.S. Trademark Registration No. 4251457 was 

registered on November 27, 2012.

25. AMA has expended considerable effort and expense in promoting its 

trademark and the goods sold under the trademark Passion-HD. As a result, the 

purchasing public has come to know, rely upon and recognize the mark Passion-HD as an 

international brand of high quality adult entertainment.

26. AMA’s Castingcouch-x.com trademark and service mark has been 

continuously used in commerce since October 2012. U.S. Trademark Registration No. 

4575672 was registered on July 29, 2014.

27. AMA has expended considerable effort and expense in promoting its 

trademark and the goods sold under the trademark Castingcouch-x.com. As a result, the 

purchasing public has come to know, rely upon and recognize the mark Castingcouchx.com as an international brand of high quality adult entertainment.

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28. AMA’s FantasyHD trademark and service mark has been continuously 

used in commerce since April 2013. U.S. Trademark Registration No. 4591117 was 

registered on August 26, 2014.

29. AMA has expended considerable effort and expense in promoting its 

trademark and the goods sold under the trademark FantasyHD. As a result, the 

purchasing public has come to know, rely upon and recognize the mark FantasyHD as an 

international brand of high quality adult entertainment.

30. AMA Tiny4k.com trademark and service mark has been continuously used 

in commerce since May 2014. U.S. Trademark Registration No. 4678642 was registered 

on January 27, 2015.

31. AMA has expended considerable effort and expense in promoting its 

trademark and the goods sold under the trademark Tiny4k.com. As a result, the 

purchasing public has come to know, rely upon and recognize the mark Tiny4k.com as an 

international brand of high quality adult entertainment.

32. Upon information and belief, Defendants conduct business as 

Shooshtime.com, operate the websites, and derive direct financial benefit through 

advertising sales on the websites. 

33. Defendants compete against Plaintiff AMA in the distribution and sale of 

adults-only audio-visual works through Internet distribution and divert potential 

customers from AMA.

34. Defendants have not registered Shooshtime.com as an Internet Service 

Provider with United States Copyright Office.

35. Defendants have not appointed a Digital Millennium Copyright Act 

(“DMCA”) Agent nor registered the DMCA Agent with the U.S. Copyright Office. 

36. Defendants do not implement a reasonable repeat infringer policy on 

Shooshtime.com.

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37. Defendants do not qualify for safe harbor protections under the DMCA for 

infringements on Shooshtime.com.

38. Upon information and belief, there are other individuals and/or entities who 

have acted in concert with the Defendants, but whose true names and capacities are 

presently unknown to Plaintiff AMA. By this reference, AMA avers that any of the 

“DOE” or unknown parties are jointly and severally liable for the damages asserted 

herein, and AMA will seek leave to amend upon discovery of identifying information.

STATEMENT OF FACTS

39. Congress’ implementation of safe harbor provisions in the Digital 

Millennium Copyright Act (“DMCA”) provides true internet service providers with 

protection against liability for copyright infringement resulting from the actions and/or 

postings of their users. As a primary example, the safe harbor protections provide 

YouTube.com with protection from liability should one of its users post a copyright 

protected video without authority or license. 

40. The DMCA safe harbor provisions have been systematically abused by 

internet copyright infringers in an attempt to garner protection for pirate websites 

displaying copyrighted adult entertainment content without license or authority for free 

viewing to the public. Under a veneer of DMCA compliance, the owners and operators 

attempt to hide behind the safe harbor provisions while monetizing the website through 

premium membership programs and substantial advertising contracts. 

41. Defendants have not appointed a DMCA Agent nor registered the DMCA 

Agent with the U.S. Copyright Office. 

42. Shooshtime.com is such a pirate website, displaying copyrighted adult 

entertainment content without authorization or license. 

43. Defendants host adult entertainment videos and/or host embedded code for 

adult entertainment videos to permit a user to view videos on Shooshtime.com for free. 

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44. Defendants source and place Plaintiff’s copyrighted adult entertainment on 

their web site Shooshtime.com. 

45. There are no upload capabilities on Shooshtime.com. Therefore, all videos 

and content are placed on Shooshtime.com by the Defendants and/or by agents of 

Defendants at the direction and/or instruction by and on behalf of Defendants.

46. Defendants sell advertising space on Shooshtime.com in several forms, 

including front load pop-up advertising and advertising banners on space in close 

proximity to free videos, often geocentric. 

47. Videos on Shooshtime.com may be shared on other sites, in addition to the 

user being provided with direct links for posting on or to any social media site including, 

but not limited to, Facebook, Twitter, Google or via to Email to anyone regardless of age 

or location. Such functionality makes it impossible to know how many times and where 

an unlicensed copyrighted video has been posted and displayed illegally as a direct result 

of Defendants unlawful display.

48. Shooshtime.com fails to fulfill the requisite conditions precedent to qualify 

for the safe harbor provisions of the DMCA.

49. Shooshtime.com is not registered as an Internet Service Provider with the 

U.S. Copyright Office and fails to have a registered DMCA Agent.

50. In or about October 2015, and for an unknown time before and up to the 

present, Defendants’ website Shooshtime.com displayed 67 of Plaintiff’s copyright 

registered works over 120 separate and distinct URLs - each a part of Shooshtime.com. 

These copyrighted words and their corresponding Shooshtime.com page are listed in 

Exhibit A, attached hereto. Defendants have no authority or license to display or 

distribute any portion of Plaintiffs’ copyrighted works. 

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51. The thumbnail images specific to the videos posted and displayed on 

Shooshtime.com are hosted by and delivered to the viewer through a second website 

located at Shoosh.com.

52. The infringement of intellectual property on Shooshtime.com is not limited 

to the unlawful display of Plaintiff’s copyrighted works. In each instance of copyright 

infringement, Defendants have also infringed Plaintiff’s registered trademarks.

53. For Plaintiff’s videos that are displayed without authority on 

Shooshtime.com, the Defendants have caused Plaintiff’s trademarks to be used in the 

meta tags and/or meta descriptions for the URL of the infringing video.

54. A meta tag is an HTML (hypertext markup language) code embedded on a 

Web page that is used by the website owner to identify the site content. Meta tags are 

powerful tools because they have a direct effect on the frequency with which many 

search engines will find a website.

55. Meta tags and/or meta descriptions are used by Internet search engines as 

an indexing tool to determine which sites correspond to search terms provided by a user. 

56. Meta tags do not affect the appearance of a website and are not visible 

when you look at a page, but they provide information regarding the content of the site.

57. Some websites use meta tags in a deceptive manner to lure Web surfers. 

Instead of using terms that properly describes the site, some programmers substitute the 

names of competing companies. For example, a rival shoe manufacturer may bury the 

meta tag “Nike” in its Web page to lure Web surfers searching for Nike products. In the 

case of the website selling handmade watches, the meta tag might include “Rolex, 

Swatch, Bulova, Cartier.”

58. By using AMA’s trademarks in Defendants’ meta tags and/or meta 

descriptions, Defendants use Plaintiff’s trademarks in commerce and in connection with 

their promotions, sales, and advertising.

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59. The use of AMA’s trademarks in Defendants’ meta tags and/or meta 

descriptions is likely to cause confusion to the end users/consumers.

60. For example, many of the videos displayed without authority or license on 

Shooshtime.com include “FantasyHD,” an AMA trademark, in the meta tags and/or meta 

description. Thus, a user utilizing an internet search engine searching for “FantasyHD” 

will discover that Plaintiff’s videos can be viewed for free on Shooshtime.com. This will 

and does create confusion on behalf of the user that Shooshtime.com is an authorized 

distributor of Plaintiff’s videos and, importantly, a belief that Plaintiff’s videos are 

available for free viewing.

61. Upon information and belief, Defendants have actual knowledge and clear 

notice of the infringement of Plaintiff’s titles or else is willfully blind to the rampant 

infringement. The infringement is clear and obvious even to the most naïve observer. 

Plaintiff’s films are indexed, displayed and distributed on Defendants’ website through 

Defendant and the Doe Defendants acting in concert. Plaintiff’s and other major 

producers’ trademarks are used to index infringing material along with obfuscation of 

watermarks and other identifiers which is evidence of knowledge and intent.

62. By virtue of the conduct alleged herein, Defendants knowingly promote, 

participate in, facilitate, assist, enable, materially contribute to, encourage, and induce 

copyright infringement, and thereby have infringed, secondarily infringed, and induced 

infringement by others, the copyrights in Plaintiffs’ copyrighted work.

63. Defendants, either jointly, severally, actually, constructively, and with or 

without direct concert with one another, deprived Plaintiffs of the lawful monetary

rewards that accompany its rights in the copyrighted works. Defendants disregard for 

copyright trademark laws threaten Plaintiff’s business.

64. Defendants intentionally, knowingly, negligently, or through willful 

blindness avoided precautions to deter rampant copyright infringement on their website.

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65. Defendants make no attempt to identify any individual providing the works, 

where the individual obtained the works, whether the individuals had authority to further 

reproduce and distribute the works or if such parties even exist. 

66. Defendants’ acts and omissions allow them to profit from their 

infringement while imposing the burden of monitoring Defendants’ website onto 

copyright holders, without sufficient means to prevent continued and unabated 

infringement.

FIRST CAUSE OF ACTION

Copyright Infringement – 17 U.S.C. §§ 101 et. seq.

Against All Defendants

67. Plaintiff repeats, re-alleges, and incorporates by reference each and every 

preceding allegation set forth herein.

68. Plaintiff holds the copyright on each of the infringed works alleged herein.

69. Plaintiff registered each copyright with the United States Copyright Office.

70. At all pertinent times, Plaintiff is the producer and registered owner of the 

audiovisual works illegally and improperly reproduced and distributed by Defendants.

71. Defendants copied, reproduced, reformatted, and distributed AMA’s 

copyrighted works by and through servers and/or hardware owned, operated and/or 

controlled by Defendants.

72. Defendants did not have authority or license to copy and/or display 

Plaintiffs original works.

73. Defendants infringed Plaintiff’s copyrighted works by reproducing and 

distributing works through Defendants’ website without property approval, authorization, 

or license of Plaintiff.

74. Defendants knew or reasonably should have known they did not have 

permission to exploit Plaintiffs’ works on Shooshtime.com and further knew or should 

have known their acts constituted copyright infringement.

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75. Defendants made no attempt to discover the copyright owners of the pirated 

works before exploiting them. Defendants failed and refused to take any reasonable 

measure to determine the owner or license holder of the copyrighted works.

76. Defendants engaged in intentional, knowing, negligent, or willfully blind 

conduct sufficient to demonstrate they engaged actively in the improper collection and 

distribution of Plaintiff’s copyrighted works.

77. The quantity and quality of copyright files available to Internet users 

increased the attractiveness of Defendants’ service to its customers, increased its 

membership base, and increased its ad sales revenue.

78. Based on information and belief, Defendants actively uploaded pirated 

copyrighted files and/or embedded code-enabling users of Shooshtime.com to view 

copyrighted videos and images.

79. Defendants controlled the files owned by Plaintiff and determined which 

files remained for display and distribution.

80. Defendants never adopted procedures to ensure that distribution of 

Plaintiff’s copyrighted materials would not occur. Further, Defendants never 

implemented or enforced a “repeat infringer” policy.

81. Defendants were aware, either actually or constructively, should have been 

aware, or were willfully blind that pirated copyrighted materials comprised the most 

popular videos on the Defendants websites.

82. Defendants, through Shooshtime.com affirmatively and willfully 

accommodated Internet traffic generated by the illegal acts.

83. Defendants’ conduct was willful within the meaning of 17 U.S.C. § 101, et 

seq. At a minimum, Defendants acted with willful blindness and reckless disregard of 

Plaintiff’s registered copyrights.

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84. Because of their wrongful conduct, Defendants are liable to Plaintiff for 

copyright infringement. See 17 U.S.C. §501. Plaintiff suffers and will continue to 

suffer substantial losses, including, but not limited to, damage to its business reputation 

and goodwill.

85. The law permits Plaintiff to recover damages, including readily 

ascertainable direct losses and all profits Defendants made by their wrongful conduct. 

17 U.S.C. §504. Alternatively, the law permits Plaintiff to recover statutory damages. 

17 U.S.C. §504(c).

86. Because of Defendants’ willful infringement, the law permits 

enhancement of the allowable statutory damages. 17 U.S.C. §504(c)(2).

87. The law permits Plaintiff injunctive relief pursuant to 17 U.S.C. §502. 

Further, the law permits a Court Order impounding any and all infringing materials. 

17 U.S.C. §503.

88. Plaintiff is further entitled to its attorneys’ fees and its full costs here

pursuant to 17 U.S.C. § 505.

SECOND CAUSE OF ACTION

Contributory Copyright Infringement

Against All Defendants

89. Plaintiff repeats, re-alleges, and incorporates by reference each and every 

preceding allegation set forth herein.

90. Unknown individuals, without authorization, reproduced and distributed 

Plaintiff’s works through Defendants’ websites, directly infringing Plaintiff’s copyrighted 

works.

91. Defendants contributed to the infringing acts of those individuals.

92. Defendants were aware, should have been aware, or were willfully blind to 

the infringing activity.

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93. Defendants aided, abetted, allowed, and encouraged those individuals to 

reproduce and distribute Plaintiff’s copyrighted works through Defendants’ website 

without regard to copyright ownership. 

94. Defendants had the ability and obligation to control and stop the 

infringements. Defendants failed to do so.

95. Defendants have engaged in the business of knowingly inducing, causing, 

and/or materially contributing to unauthorized reproduction, adaptation, public display 

and/or distribution of copies of the Plaintiff’s copyrighted works, and thus to the direct 

infringement of Plaintiff’s copyrighted works.

96. Defendants received direct financial benefits from the infringements.

97. On information and belief, Defendants’ actions constitute contributory 

infringement of Plaintiff’s copyrights and exclusive rights under copyright in the 

Plaintiffs’ copyrighted works in violation of the Copyright Act, 17 U.S.C. §§ 106 and 

501.

98. The unauthorized reproduction, distribution, and public display of 

Plaintiff’s copyrighted works that Defendant enables, causes, materially contributes to 

and encourages through the acts described above are without Plaintiff’s consent and are 

not otherwise permissible under the Copyright Act.

99. The acts of infringement by Defendants have been willful, intentional, 

purposeful and in reckless disregard of and with indifference to Plaintiff’s rights.

100. As a direct and proximate result of the infringements by Defendants of 

Plaintiff’s copyrights and exclusive rights under copyright in the Plaintiff’s copyrighted 

works, Plaintiff is entitled to its actual damages and Defendants’ profits pursuant to 17 

U.S.C. § 504(b).

101. Alternatively, Plaintiff is entitled to maximum statutory damages, pursuant 

to 17 U.S.C. § 504(c ), in the amount of $150,000 with respect to each work infringed, or 

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such other amounts as may be proper under 17 U.S.C. § 504(c ).

102. Plaintiff is further entitled to its attorneys’ fees and its full costs here

pursuant to 17 U.S.C. § 505.

THIRD CAUSE OF ACTION

Vicarious Copyright Infringement

Against All Defendants

103. Plaintiff repeats, re-alleges, and incorporates by reference each and every 

preceding allegation set forth herein.

104. Without authorization, individuals reproduced, distributed, and publicly 

displayed Plaintiff’s works through Defendants’ website, directly infringing Plaintiff’s 

copyrighted works.

105. Defendants were actually or constructively aware or should have been 

aware or were willfully blind to the infringing activity.

106. Defendants were able to control or completely end the illegal and improper 

infringement, but failed to do so.

107. Defendants contributed materially to the infringement.

108. Defendants received direct financial gain/profit from the infringing activity.

109. The acts, omissions, and conduct of all Defendants constitute vicarious 

copyright infringement.

110. The acts of infringement by Defendants have been willful, intentional, 

purposeful and in reckless disregard of and with indifference to Plaintiff’s rights. As a 

direct and proximate result of the infringements by Defendants of Plaintiff’s copyrights 

and exclusive rights under copyright in the Plaintiffs’ copyrighted works, Plaintiff is 

entitled to its actual damages and Defendants’ profits pursuant to 17 U.S.C. § 504(b).

111. Alternatively, Plaintiff is entitled to maximum statutory damages, pursuant 

to 17 U.S.C. § 504(c ), in the amount of $150,000 with respect to each work infringed, or 

such other amounts as may be proper under 17 U.S.C. § 504(c ).

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112. Plaintiff is further entitled to its attorneys’ fees and its full costs pursuant to 

17 U.S.C. § 505.

FOURTH CAUSE OF ACTION

Inducement of Copyright Infringement

Against All Defendants

113. Plaintiff repeats, re-alleges, and incorporates by reference each and every 

preceding allegation set forth herein.

114. Defendants designed and/or distributed technology and/or devices 

and/or induced individuals to use this technology to promote the use of infringed and 

copyrighted material. As a direct and proximate result of Defendants’ inducement, 

individuals infringed Plaintiff’s copyrighted works. These individuals reproduced, 

distributed and publicly disseminated Plaintiff’s copyrighted works through Defendants’ 

website.

115. On information and belief, Defendants have encouraged the illegal 

uploading and downloading of Plaintiff’s copyrighted works, thus inducing the 

unauthorized reproduction, adaptation, public display and/or distribution of copies of the 

Plaintiff’s copyrighted works, and thus to the direct infringement of Plaintiff’s 

copyrighted works.

116. Defendants’ actions constitute inducing copyright infringement of 

Plaintiffs’ copyrights and exclusive rights under copyright in the Plaintiffs’ copyrighted 

works in violation of the Copyright Act, 17 U.S.C. §§ 106 and 501.

117. The infringement of Plaintiff’s rights in and to each of the Plaintiff’s 

copyrighted works constituted a separate and distinct infringement.

118. The acts of infringement by Defendants have been willful, intentional, 

purposeful and in reckless disregard of and with indifference to Plaintiff’s rights.

119. As a direct and proximate result of the infringements by Defendants of 

Plaintiff’s copyrights and exclusive rights under copyright in the Plaintiff’s copyrighted 

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works, Plaintiffs are entitled to actual damages and its profits pursuant to 17 U.S.C. 

§504(b).

120. Alternatively, Plaintiff is entitled to maximum statutory damages, pursuant 

to 17 U.S.C. § 504(c ), in the amount of $150,000 with respect to each work infringed, or 

such other amounts as may be proper under 17 U.S.C. § 504(c).

121. Plaintiff is further entitled to their attorneys’ fees and full costs pursuant to 

17 U.S.C. § 505. 

FIFTH CAUSE OF ACTION

Trademark Infringement – 15 U.S.C. §§ 1111 et. seq.

Against All Defendants

122. Plaintiff repeats, re-alleges, and incorporates by reference each and every 

preceding allegation set forth herein.

123. By virtue of its trademark registrations, Plaintiff has the exclusive right to 

use of the trademarks, trade dress and service marks enumerated in this Complaint in the 

adult-oriented audio-visual markets, including Internet markets.

124. Defendants’ use of Plaintiff’s registered trademarks and service marks is in 

a manner likely to cause consumer confusion, as alleged herein, constitutes trademark 

infringement pursuant to 15 U.S.C. § 1114.

125. Defendants’ infringement is intentional and willful, has caused and will 

continue to cause damage to Plaintiff in an amount to be proven at trial, and is causing 

irreparable hard to Plaintiff for which there is no adequate remedy at law, thus Plaintiff 

are entitled to statutory and treble damages.

SIXTH CAUSE OF ACTION

Contributory Trademark Infringement – 15 U.S.C. §§ 1111 et. seq.

Against All Defendants

126. Plaintiff repeats, re-alleges, and incorporates by reference each and every 

preceding allegation set forth herein.

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127. By virtue of its trademark registrations, Plaintiff has the exclusive right to 

use of the trademarks, trade dress and service marks enumerated in this Complaint in the 

adult-oriented audio-visual markets, including Internet markets.

128. Defendants’ actions that encouraged use of Plaintiff’s registered trademarks 

and service marks in manners likely to cause consumer confusion, as alleged herein, 

constitutes trademark infringement pursuant to 15 U.S.C. § 1114.

129. Defendants’ infringement is intentional and willful, has caused and will 

continue to cause damage to Plaintiff in an amount to be proven at trial, and is causing 

irreparable hard to Plaintiff for which there is no adequate remedy at law, thus Plaintiff 

are entitled to statutory and treble damages.

SEVENTH CAUSE OF ACTION

False Designation of Origin under the Lanham Act – 15 U.S.C. §§ 1125 et. seq.

Against All Defendants

130. Plaintiff repeats, re-alleges, and incorporates by reference each and every 

preceding allegation set forth herein.

131. Upon information and belief, Defendants’ conduct is likely to cause 

confusion, mistake or deception as to Defendants’ affiliations, connection, or association 

with Plaintiff, or as to the origin, sponsorship or approval of their goods or commercial 

activities.

132. Defendants’ conduct as alleged herein, including but not necessarily limited 

to their use of Plaintiff’s marks, constitutes false designation of origin pursuant to 15 

U.S.C. § 1125(a).

133. Plaintiff has been damaged by these acts in an amount to be proven at trial. 

Plaintiff is also entitled under the Lanham Act to injunctive and equitable relief against 

Defendants.

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JURY DEMAND

134. Should this matter be set to trial, Plaintiff AMA hereby demands a trial by 

jury for the matters asserted herein.

PRAYER FOR RELIEF

A. That Defendants, their agents, servants, officers, directors, employees, 

attorneys, privies, representatives, successors and assigns and parent and subsidiary 

corporations or other related entities, and any or all persons in act of concert or 

participation with any of them, be preliminarily and permanently enjoined from:

(1) Any and all reproduction, adaptation, public display and/or 

distribution of copies of the Plaintiff’s copyrighted works by Defendants on any website, 

including but not limited to www.Shooshtime.com and/or www.Shoosh.co.;

(2) Permitting any user, including Defendants and its agents to upload 

for reproduction, adaptation, public display and/or distribution of copies of the Plaintiffs’ 

copyrighted works by Defendants on any website, including but not limited to 

www.Shooshtime.com and/or www.Shoosh.co.; and

(3) Marketing or selling any product containing or utilizing Plaintiff’s 

intellectual property or business values.

B. That Defendants be ordered to transfer the domain www.Shooshtime.com

and/or www.Shoosh.co, and all similar domains held by Defendants found in discovery, 

such as misspellings of the enumerated domains, domains held by Defendants linked to 

www.Shooshtime.com and/or www.Shoosh.co, and the content therein to Plaintiff. 

C. That Defendants be ordered to file with the Court and serve upon Plaintiff, 

within thirty (30) after the entry of an injunction, a report in writing and under oath, 

setting forth in detail the manner and form in which Defendants have complied with any 

ordered injunction;

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D. That Plaintiff be awarded damages in an amount to be determined at trial 

for all infringing activities, including Plaintiff’s damages and lost profits, Defendants’ 

profits, plus any costs incurred in preventing future confusion, mistake or deception, all 

from the date of first infringement;

E. That Defendants pay Plaintiff a sum sufficient to cover the cost of 

corrective advertising necessary to alleviate any existing or lingering confusion resulting 

from Defendants’ unauthorized use of Plaintiff’s trade dress and terms;

F. That Defendants be ordered to account to Plaintiff for all profits, gains and 

advantages which they have realized as a consequence of their unauthorized use of 

Plaintiff’s copyrighted works;

G. That Plaintiff be awarded enhanced damages and attorneys’ fees;

H. That Plaintiff be awarded pre-judgment and post-judgment interest;

I. That Plaintiff be awarded its full amount of costs and expenses incurred in 

prosecuting this action, including expert witness fees; and

J. That such other and further preliminary and permanent relief be awarded to 

Plaintiff as the Court deems appropriate.

DATED this 11th day of November, 2015.

MANOLIO & FIRESTONE, PLC

By: /s/ Veronica L. Manolio 

 Veronica L. Manolio

 9300 E. Raintree Drive, Suite 120

 Scottsdale, Arizona 85260

 Attorneys for Plaintiff

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