On June 12, 2012 Raanan Katz filed frivolous copyright lawsuit against the blogger and Google demanding from the court to remove (listen carefully) Raanan Katz ugly face from the Internet.
was widely distributed in the Internet, Raanan Katz dropped his bizarre lawsuit against Google.
This blog has reported Raanan Katz and his company RK Centers (former RK Associates) abusive, frivolous litigation practice. Raanan Katz legal action against Google is another clear example of Mr.Katz abusive litigation business.
Below is the dropped part of Raanan Katz complaint related to Google per Miami Federal Court records.
"Nature of Suit
I. This is an action seeking injunctive relief and damages arising from Defendants'
unauthorized use of Katz's copyrighted image. The Complaint alleges: direct copyright infringement (Count I) and contributory copyright infringement (Count II).
3. Defendant Google is subject to personal jurisdiction of this Court under Fla. Stat. §48.193(1)(a), 48.193(1)(b), and §48.193(2) because it: (i) operates, conducts, engages in, or committed the tortious conduct alleged herein in the State of Florida: and (iii) engages in substantial and not isolated business activity in the State of Florida.
9. Katz is the owner, by assignment, of all right, title and interest, including all copyright rights, in and to the following image (the "Image"), which has been partially distorted due to its unflattering nature:
10. The Image was photographed and first published in Israel on or about February 221P 2011, and is considered a foreign work, protected in the United States under 17 U.S.C. § 104(b)(2) through International Treaties. Registration of the Image with the copyright office is not a prerequisite to filing a claim for copyright infringement under 17 U.S.C. § 411 (a) because the Image is not a United States work.
13. An agent of Katz submitted a Digital Millennium Copyright Act ("DMCA") takedown request to Google for the Image on May 24, 2012. Google responded to the DMCA notice indicating that it would not take such action.
14. Counsel for Katz sent another DMCA take-down notice to Google on June 4, 2012 demanding that each copy of the Image be removed from its servers. Google again responded to the DMCA notice indicating that it would not take such action.
Conditions Precedent and Attorneys' Fees
15. All conditions precedent to the bringing and maintenance of this action have been perftrmed, waived, or have occurred.
16. Katz has retained the undersigned counsel to represent him in this action and is obligated to pay them a reasonable fee for their services.
CONTRIBUTORY COPYRIGHT INFRINGEMENT UNDER 17 U.S.C. 501
The allegations contained in paragraphs 1-16 above are hereby realleged as if fully set forth herein.
21. As previously alleged, registration of the Image with the copyright office is not a prerequisite to filing a claim for copyright infringement under 17 U.S.C. § 411(a) because the Image is not a United States work.
22. Defendant Google materially contributes to Chevaldinas direct copyright infringement by hosting Chevaldina's web sites and numerous copies of the infringing Image on its servers through its blogspot service.
23. Google knowingly, intentionally and willfully refused to remove the Image from its servers after being put on notice of Chevaldina's infringement by DMCA take-down notices sent on behalf of Katz and is a contributory infringer who is not protected by the DMCA safe-harbor.
24. Katz has not authorized or approved the use of the Image.
25. Katz has been and will likely continue to be damaged by Google's violation of its rights.
26. Upon information and belief, as a result of its conduct, Google has realized and continues to realize profits or other benefits rightly belonging to Katz.
WHEREFORE, Katz respectfully requests that the Court enter judgment against Google:
(A) Preliminarily and permanently enjoining Google from copying, displaying or otherwise using the Image;
(B) Requiring Google to destroy the Image, including electronic versions thereof, which remain in its possession, custody or control;
(C) Awarding Katz his actual damages and any profits of Google;
(D) Requiring Google to file a notice detailing all of the actions taken to comply with the Court's judgment; and
(E) Granting Katz any other and ftirther relief this Court deems just and proper.
Dated: June 12, 2012 Respectfully submitted,
KLUGER KAPLAN SILVERMAN KATZEN & LEVINE, P.L.
Co-Counsel for Raanan Katz
201 South Biscayne Blvd., 17 Floor Miami, Florida 33131
Facsimile: 305- 379-3428
By: /s Alan J. Kluger
Alan J. Kluger
Florida Bar No. 200379
Email: akluger@ klugerkaplan.com
Todd A. Levine
Florida Bar No. 899119
PERETZ CHESAL & HERRMANN, P.L. Co-Counsel for Raanan Katz
201 South Biscayne Blvd., Suite 1750 Miami, Florida 33131
By: /s Michael B. Chesal
Michael B. Chesal
Florida Bar No. 775398