Attorney for Plaintiff

Clarence B. Darrow, IV, Esq.

5878 Dotcom Boulevard

Palo Alto, CA

434 555 1313

cdarrow@darrow.com

IN THE UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

___________________________________

Block Productions,                                          |

Plaintiff                                                             |

v.                                                                     |           Civil Action No. 04-0034

Claria Corporation,                                            |

Defendants                                                       |

___________________________________  |

COMPLAINT

Jurisdiction

1.      Plaintiff is a corporation with its principal place of business in Virginia. Defendant is a citizen of California, with its principal place of business in Redwood City, California.

2.      Plaintiff claims damages for violation of a federal statute.

Count 1 – Trespass to land

3.      Plaintiff offers a variety of recreational clothing for retail sale through its virtual store, accessible through the Internet at www.blockenterprises.com.

4.      The website is designed so that customers "enter" the store through their computers connected to the Internet, and shop for merchandise, in just the same way they would shop in a physical store.

5.      Plaintiff's website displays a prominent notice, reading, "You are invited to enter this virtual store for the purpose of shopping. We hope you will be interested in buying our merchandise. No one is privileged to enter for any other purpose. NO TRESPASSING.

6.      Defendant offers software to competing Internet retailers which implants an applet on consumers' computers which cause advertisements for the competitors to pop up when a consumer visits Plaintiff's website.

7.      On at least 100 occasions in the month of December, 2003, Defendant's software caused advertisements for retailer J.Press to pop up in the middle of Plaintiff's virtual store.

8. The display of such popup ads in the middle of Plaintiff's virtual store constitutes an unpermitted entry onto Plaintiff's land.

Count 2 – Violation of Federal Computer Fraud and Abuse Act

9.      The allegations of paragraphs 3-7 are incorporated by reference as though fully set forth in this Count 2.

10. Defendant's conduct constitutes a violation of the federal Computer Fraud and Abuse Act, 18 U.S.C. § 1030.

 

Relief

11.  Plaintiff seeks damages from Defendant in an amount exceeding $75,000.

 

 

_______________________________

Clarence B. Darrow, IV

Attorney for Plaintiff