Stone V Dudley
Stone V Dudley
Stone V Dudley
COMPLAINT
Case 2:19-cv-09492 Document 1 Filed 11/04/19 Page 2 of 13 Page ID #:2
1 Plaintiff Sharon Stone, by and through her attorney Gary Hecker of the law firm
2 of Munck Wilson Mandala, LLP, hereby alleges as follows:
3 THE PARTIES
4 1. Plaintiff Sharon Stone is an individual and a resident of Los Angeles,
5 California and exclusively owns all rights in and to her name, likeness, image, identity
6 and persona.
7 2. Defendant Chelsea Chanel Dudley (“Dudley”) is an individual and a
8 resident of Los Angeles, California.
9 3. Plaintiff is currently unaware of the true names and capacities of DOES 1
10 through 10, inclusive, and therefore sues them by those fictitious names. Plaintiff will
11 amend this Complaint to allege their true names and capacities when they are
12 ascertained.
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13 4. Defendants, and each of them, are, and at all terms herein were, the alter-
14 ego, principal, agent, employee, employer, joint venturer, customer, or otherwise
15 affiliated with one another so as to be liable in such capacity for the acts alleged
16 herein.
17 JURISDICTION & VENUE
18 5. This is an action for violation of 15 U.S.C. § 1125(a) and violations of
19 the California common law and statutory rights of publicity.
20 6. This Court has subject matter jurisdiction over the federal cause of action
21 pursuant to 28 U.S.C. § 1331. This Court has supplemental jurisdiction over the state
22 law claims pursuant to 28 U.S.C. § 1367(a).
23 7. Venue for this action is proper in this judicial district pursuant to 28
24 U.S.C. § 1391(b) because a substantial part of the events or omissions giving rise to
25 the claim occurred in this judicial district. Venue is also proper in this judicial district
26 pursuant to 28 U.S.C. § 1391(a) because Defendant Dudley resides in this district.
27 //
28 //
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COMPLAINT
Case 2:19-cv-09492 Document 1 Filed 11/04/19 Page 3 of 13 Page ID #:3
13 such as Good Morning America, Live with Kelly and Ryan, The View, The Talk,
14 Jimmy Kimmel Live, The Late Show with Stephen Colbert, and The Ellen DeGeneres
15 Show.
16 12. Sharon Stone has frequently received critical acclaim and industry
17 recognition for her work both as an actress and as a philanthropist. Among her many
18 acting awards and honors, Sharon Stone received: (1) a Golden Globe® Award and an
19 Academy Award® nomination for best actress in the Martin Scorsese film Casino;
20 (2) Golden Globe® nominations for her performances in Basic Instinct, The Mighty
21 and The Muse; (3) an MTV® Movie Award for her role in Basic Instinct; (4) MTV
22 movie award nominations for her performances in Sliver, The Specialist, and Casino;
23 (5) a Screen Actors Guild Award for her role in Bobby, and (6) a Prime Time Emmy®
24 Award for her performance in the TV series The Practice.
25 13. Sharon Stone’s performance in the interrogation scene in Basic Instinct
26 (“Interrogation Scene”) is one of the most iconic performances in contemporary film.
27 The Interrogation Scene, and Sharon Stone’s performance in it, are inextricably
28 associated with Sharon Stone. They are indelibly etched in the minds of the public as
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COMPLAINT
Case 2:19-cv-09492 Document 1 Filed 11/04/19 Page 4 of 13 Page ID #:4
1 being identified with Sharon Stone, and immediately conjure up her name, likeness,
2 image, identity, and persona.
3 14. Sharon Stone is also well known for her extensive work on behalf of
4 many global charitable causes, including the fight against AIDS, Parkinson’s disease
5 and lupus. As part of that effort, Ms. Stone has lent her support to many charitable
6 foundations, including the American Foundation for AIDS Research, Lupus LA, The
7 National Center for Missing and Exploited Children, Planet Hope, The Muhammad
8 Ali Parkinson’s Center, the American Stroke Association, and many others.
9 15. Sharon Stone’s philanthropic efforts have been widely recognized and
10 honored, including her having received:
11 (1) the Nobel Peace Summit Award from the Nobel Peace Laureates presented
12 by the Dalai Lama for her work on HIV/AIDS;
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13 requesting permission for, and seeking the use of, her name, likeness, image, identity
14 and persona for promoting products, services and performances.
15 22. Sharon Stone maintains strict control over the manner in which her name,
16 likeness, image, identity, and persona are used.
17 23. Sharon Stone exercises careful consideration in selecting and approving
18 products, services, and performances that she will permit to license or use her name,
19 likeness, image, identity or persona. She restricts such use to products, services and
20 performances that are of acceptably high quality to her, in her sole discretion, and for
21 which compensation is commensurate with the exploitation and value thereof.
22 Defendant Dudley
23 24. On information and belief, Defendant Dudley, who calls herself “Chanel
24 West Coast,” is an aspiring rap artist who has desperately sought to garner credibility
25 and stature in the hip-hop community.
26 25. Challenged to achieve success as a rap artist, on information and belief,
27 Defendant Dudley has sought to enhance her stature as a rapper by invoking and
28 trading on the celebrity status and fame of others.
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COMPLAINT
Case 2:19-cv-09492 Document 1 Filed 11/04/19 Page 6 of 13 Page ID #:6
1 26. For example, in a recent article entitled, “Chanel West Coast Got
2 Dragged All Over The Internet For Comparing Herself To Drake and Kanye”, the
3 author describes Defendant Dudley’s penchant for glomming onto celebrity icons,
4 stating, “…nothing quite compares to a jaw-dropping statement from [Defendant
5 Dudley]…compar[ing] herself to the likes of two of music’s most gifted icons, Drake
6 and Kanye West, in an attempt to boost her rap career street cred.”
7 Defendants’ Wrongful Conduct
8 27. In or about June 2018, Defendants recorded a song entitled “Sharon
9 Stoned” (the “Song”) performed by Defendant Dudley using Sharon Stone’s name for
10 commercial purposes without her consent.
11 28. The Song gratuitously and repeatedly uses the name “Sharon Stone” in
12 its lyrics. More than one quarter of the Song’s length (a full one minute and twelve
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13 seconds of the Song) consists of nothing more than Defendant Dudley repeatedly
14 saying the name “Sharon Stone” in mantra-like repetition.
15 29. During the Song, Defendant Dudley gratuitously repeats the name
16 “Sharon Stone” thirty-three times and the name “Sharon” ninety-nine times.
17 30. Defendant Dudley openly admits to using Sharon Stone’s famous name
18 in the infringing Song, stating: “Obviously, I made a song with her name in it
19 [laughter]”.
20 31. Also, beginning on or about July 10, 2018, Defendants created an
21 infringing promotional music video as a commercial to promote the Song (the
22 “Video”).
23 32. As with the infringing Song, Defendants’ intention from the outset was to
24 create a Video that would trade on the fame and publicity rights of Sharon Stone for
25 Defendants’ commercial gain.
26 33. The Video uses Sharon Stone’s name in its title written as “Sharon
27 Stoned”.
28 34. The Video’s static opening credits displays Sharon Stone’s name in
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COMPLAINT
Case 2:19-cv-09492 Document 1 Filed 11/04/19 Page 7 of 13 Page ID #:7
1 movie marquee style so that Ms. Stone’s name is most prominent and immediately
2 identifiable.
3 35. The Video incorporates the infringing Song in its entirety, with
4 Defendant repeating Sharon Stone’s name dozens of times throughout.
5 36. The Video is also purposefully designed and shot to evoke Sharon
6 Stone’s name, likeness, image, identity, and persona associated with her iconic movie
7 roles.
8 37. Defendant Dudley openly expressed Defendants’ infringing purpose to
9 use Sharon Stone’s likeness, image, identity, and persona in the infringing Video
10 without permission or consent, stating, “We’ve got to redo some classic, iconic Sharon
11 Stone movie scenes, you know?”
12 38. Defendants focused their unlawful exploitation of Sharon Stone’s fame
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1 reported that, “[Defendant Dudley] has been promoting her newest song [Sharon
2 Stoned] all over Instagram lately and her newest post shows her impersonating
3 Sharon Stone herself from a very famous Basic Instinct [interrogation] scene”.
4 44. Defendants also used Sharon Stone’s name as a celebrity endorser to
5 promote the sale of cannabis paraphernalia without her permission or consent.
6 45. The acts by Defendants invoking Sharon Stone’s name, likeness, image,
7 identity, and persona in the infringing Song, Video, promotional interviews and
8 product endorsements are for commercial purposes and as an advertisement for the
9 Song, Video and related products, for the economic benefit of Defendants.
10 46. Upon publication, Defendants’ Song and Video immediately received
11 attention and interest from the media and the consuming public as a direct and
12 proximate result of Defendants’ unlawful use of Sharon Stone’s name, likeness,
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1 and publicity, and of her exclusive right to control the use and exploitation of her
2 name, likeness, image, identity, and persona.
3 52. The misappropriation and use of Sharon Stone’s name, likeness, image,
4 identity, and persona by Defendants was intentional and without her consent.
5 53. Defendants’ misappropriation was purposefully designed and intended to
6 confuse, to cause mistake, and to deceive the public into believing that Sharon Stone
7 sponsored, endorsed, or was associated with Defendants’ products, performances, and
8 commercial activity.
9 54. Defendants have created a likelihood of confusion in the minds of the
10 consuming public as to the source, sponsorship, endorsement, or association of Sharon
11 Stone with Defendants, and with their products, performances, and commercial
12 activity.
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13 55. Defendants have profited, and will continue to profit, from their unlawful
14 and intentional misappropriation and use of Sharon Stone’s name, image, identity,
15 likeness, and persona.
16 FIRST CLAIM FOR RELIEF
17 (Violation of the Lanham Act 15 USC § 1125(a); Unfair Competition)
18 56. Sharon Stone incorporates by reference the allegations of paragraphs 1
19 through 55 as though fully set forth herein.
20 57. In doing the wrongful acts set forth herein, Defendants have engaged in
21 commercial activity that is likely to cause confusion and/or to mislead consumers into
22 believing that Sharon Stone has endorsed, sponsored, or otherwise approved of
23 Defendants’ products and/or services, including the Song, Video, and commercial
24 promotions thereof.
25 58. In doing the wrongful acts set forth herein, Defendants have created a
26 false association between Sharon Stone and the Defendants and their products,
27 services and promotions, and a false designation of origin thereof.
28 59. Defendants’ wrongful acts as set forth herein have misled and confused
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COMPLAINT
Case 2:19-cv-09492 Document 1 Filed 11/04/19 Page 10 of 13 Page ID #:10
1 consumers, and continue to mislead and confuse consumers, by, inter alia, willfully
2 and intentionally creating a false impression that Defendants’ products, services
3 and/or entities are, or were, sponsored, endorsed, approved, or affiliated or associated
4 with, Sharon Stone.
5 60. Defendants’ wrongful acts as set forth herein has damaged, and continues
6 to damage, Sharon Stone’s exclusive rights in her name, likeness, image, identity and
7 persona, by, inter alia, exploiting those rights without Sharon Stone’s permission or
8 consent.
9 61. Defendants have injured, and continue to injure, Sharon Stone by
10 attempting to draw an association between Sharon Stone and the Song, Video,
11 commercial promotions and products, despite that Sharon Stone chose not to associate
12 herself with the them, and affirmatively has no interest in being associated with them.
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1 Sharon Stone’s name, likeness, image, identity, and persona to promote Defendants’
2 products. Sharon Stone also asserts a claim against Defendants for damages, costs
3 and attorneys’ fees pursuant to 15 U.S.C. §§ 1125, 1116, and 1117.
4 SECOND CLAIM FOR RELIEF
5 (Violation of the California Common Law Right of Publicity)
6 67. Sharon Stone incorporates by reference the allegations of paragraphs 1
7 through 66 as though fully set forth herein.
8 68. In engaging in the acts alleged herein, Defendants have used for
9 commercial purposes Sharon Stone’s name, likeness, image, identity, and persona
10 without her permission or consent.
11 69. The commercial use and misappropriation of Sharon Stone’s name,
12 likeness, image, identity, and persona is a violation of the California common law
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13 concert to refrain from using Sharon Stone’s name, likeness, image, identity, or
14 persona for commercial purposes without her consent, including in connection with
15 the Song, Video, and commercial promotions thereof;
16 2. Damages against Defendants in an amount to be determined at trial;
17 3. Disgorgement of Defendants’ profits;
18 4. Compensatory damages, consequential damages and/or lost profits;
19 5. Exemplary, enhanced and punitive damages;
20 6. An award of attorney’s fees and costs;
21 7. Prejudgment interest; and
22 8. Such other relief as the Court deems just and proper.
23 Respectfully submitted,
24 DATED: November 4, 2019 MUNCK WILSON MANDALA, LLP
25
By: /s/ Gary A. Hecker
26 Gary A. Hecker, Esq.
27 Attorney for Plaintiff
SHARON STONE
28
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COMPLAINT
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COMPLAINT