This case was last updated from PACER on 11/16/2021 at 08:09:11 (UTC).

Neil Fox Parekh et al v. Abel Makkonen Tesfaye et al

Case Summary

On September, 17, 2021, Neil Fox Parekh p/k/a Suniel Fox (“Fox”) and Shyhi Henry Hsaio p/k/a Henry Strange (“Strange”) (collectively, “Plaintiffs”), represented by Stephen M. Doniger of Doniger Burroughs, filed an intellectual property lawsuit against Abel Makkonen Tesfaye p/k/a The Weeknd (“The Weeknd”), Adam King Feeney p/k/a Frank Dukes (“Frank Dukes”), Nicolas Alfredo Jaar p/k/a A.A.L., All Logic, and/or Nico (“Jaar”), Universal Music Corporation (“Umc”), Universal Music Group, Inc. (“Universal”) et al (collectively, “Defendants”), seeking damages, pre-judgment and other reliefs for alleged copyright infringement of Plaintiff’s rights as the registered owner of the Copyright-in-Suit. This case was filed in the United States District Court in the Central District of California.

 

In this complaint, Plaintiffs have alleged that Defendants, and each of them, included elements in the Call Out My Name musical composition and sound recording that are strikingly and/or substantially similar, if not identical, to original elements from the Vibeking musical composition and sound recording, without a license, authorization, or consent from Plaintiffs. 

 

In the complaint, the Plaintiffs alleged that, “Upon information and belief, Plaintiffs allege that Defendants had access to Vibeking, including because Strange sent Vibeking to PNDA, PNDA confirmed receipt of Vibeking, PNDA confirmed that The Weeknd listened to and liked Vibeking, and The Weeknd confirmed the same; and because Plaintiffs have, from time to time, sent original musical compositions and sound recordings to The Weeknd for consideration through PNDA. Plaintiffs further allege that the original elements in Vibeking that are reproduced in Call Out My Name establish Call Out My Name’s striking similarity to, and thus Defendants’ access to, Vibeking.”

 

Plaintiffs also alleged that, “Upon information and belief, Plaintiffs allege that Defendants, and each of them, copied, reproduced, published, distributed, transmitted, publicly performed, licensed, created derivative works of, and/or otherwise used in Call Out My Name the original elements of, and/or elements that are substantially similar to the original elements of, Vibeking without a license, authorization, or consent from Plaintiffs.”

 

Further, Plaintiffs alleged that, “Due to Defendants’ (and each of their) acts of vicarious and/or contributory copyright infringement, Defendants (and each of them) have obtained (and continue to obtain) profits from the exploitation of Call Out My Name they would not have realized but for their infringement of Plaintiffs’ copyrights in and to Vibeking. As such, Plaintiffs are entitled to disgorgement of Defendants’ (and each of their) profits attributable to the infringement of Plaintiffs’ copyrights in and to VIBEKING in an amount to be established at trial.”

 

There are two claims for relief laid down by the Plaintiffs, one each instance of alleged copyright infringement.

 

In the prayer for relief, the Plaintiffs have requested the Court to pass an order for that Defendants, and each of them, have directly and/or secondarily infringed Plaintiffs’ copyrights in and to Vibeking through the unauthorized creation and exploitation of Call Out My Name including permanent injunctive relief along with an award for damages. Further, the Plaintiffs requested the Court for an award of prejudgment interest and attorneys’ fees and costs pursuant to 17 U.S.C. § 505 and further relief as the Court may deem just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-07488

  • Filing Date:

    09/17/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Copyright

Judge Details

Presiding Judge

Fernando L. Aenlle-Rocha

Referral Judge

Karen E. Scott

 

Party Details

Plaintiffs

Neil Fox Parekh

Shyhi Henry Hsaio

Defendants

Abel Makkonen Tesfaye

Adam King Feeney

Nicolas Alfredo Jaar

Against All Logic

The Weeknd XO, LLC

The Weeknd XO US, LLC

The Weeknd XO, Inc.

The Weeknd XO Music, ULC

XO&CO., Inc.

Universal Music Corporation

Universal Music Group, Inc.

Universal Music Publishing, Inc.

UMG Recordings, Inc.

Republic Records, Inc.

XO Records, LLC

Kobalt Music Publishing America, Inc.

American Music Rights Association, Inc.

Songs Music Publishing, LLC

16 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

Stephen M. Doniger

Attorney at Doniger Burroughs

603 Rose Avenue

Venice, CA 90291

Benjamin Firestone Tookey

Attorney at Doniger Burroughs APC

603 Rose Avenue

Venice, CA 90291

Christopher S Ghazarian

Attorney at Chris Ghazarian Law

633 West 5Th Street 28Th Floor

Los Angeles, CA 90071

 

Court Documents

#19

(#19) PROOF OF SERVICE Executed by Plaintiff Shyhi Henry Hsaio, Neil Fox Parekh, upon Defendant Mattitude Music, LLC served on 11/10/2021, answer due 12/1/2021. Service of the Summons and Complaint were executed upon Corporation Service Company c/o Lynanne Gares\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) (Entered: 11/11/2021)

#18

(#18) PROOF OF SERVICE Executed by Plaintiff Shyhi Henry Hsaio, Neil Fox Parekh, upon Defendant Hal Leonard, LLC served on 11/10/2021, answer due 12/1/2021. Service of the Summons and Complaint were executed upon The Corporation Trust Company c/o Amy McLaren\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) (Entered: 11/11/2021)

#17

(#17) PROOF OF SERVICE Executed by Plaintiff Shyhi Henry Hsaio, Neil Fox Parekh, upon Defendant Hipgnosis Songs Group, LLC served on 11/10/2021, answer due 12/1/2021. Service of the Summons and Complaint were executed upon The Corporation Trust Company c/o Amy McLaren\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) (Entered: 11/11/2021)

#16

(#16) PROOF OF SERVICE Executed by Plaintiff Shyhi Henry Hsaio, Neil Fox Parekh, upon Defendant Songs Music Publishing, LLC served on 11/10/2021, answer due 12/1/2021. Service of the Summons and Complaint were executed upon Corporation Service Company c/o Lynanne Gares\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) (Entered: 11/11/2021)

#15

(#15) PROOF OF SERVICE Executed by Plaintiff Shyhi Henry Hsaio, Neil Fox Parekh, upon Defendant Vimeo.com, Inc. served on 11/9/2021, answer due 11/30/2021. Service of the Summons and Complaint were executed upon The Corporation Trust Company c/o Amy McLaren\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) (Entered: 11/09/2021)

#14

(#14) PROOF OF SERVICE Executed by Plaintiff Shyhi Henry Hsaio, Neil Fox Parekh, upon Defendant Spotify USA, Inc. served on 11/9/2021, answer due 11/30/2021. Service of the Summons and Complaint were executed upon National Registered Agents, Inc. c/o Amy McLaren\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) (Entered: 11/09/2021)

#13

(#13) PROOF OF SERVICE Executed by Plaintiff Shyhi Henry Hsaio, Neil Fox Parekh, upon Defendant Broadcast Music, Inc. served on 11/9/2021, answer due 11/30/2021. Service of the Summons and Complaint were executed upon Corporation Service Company c/o Lynanne Gares\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) (Entered: 11/09/2021)

#12

(#12) PROOF OF SERVICE Executed by Plaintiff Shyhi Henry Hsaio, Neil Fox Parekh, upon Defendant Youtube Entertainment Studios, Inc. served on 11/9/2021, answer due 11/30/2021. Service of the Summons and Complaint were executed upon Corporation Service Company c/o Lynanne Gares\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) (Entered: 11/09/2021)

#11

(#11) NOTICE OF DISMISSAL filed by Plaintiffs Shyhi Henry Hsaio, Neil Fox Parekh pursuant to FRCP 41a(1) as to Peermusic III, Ltd., Peermusic, Ltd. (Doniger, Stephen) (Entered: 11/08/2021)

#10

(#10) INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (vv) (Entered: 11/02/2021)

#9

#8

#7

#6

#5

#4

3 #3

Main Document

#1

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Docket Entries

  • 11/11/2021
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  • Docket(#19) PROOF OF SERVICE Executed by Plaintiff Shyhi Henry Hsaio, Neil Fox Parekh, upon Defendant Mattitude Music, LLC served on 11/10/2021, answer due 12/1/2021. Service of the Summons and Complaint were executed upon Corporation Service Company c/o Lynanne Gares\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) (Entered: 11/11/2021)

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  • 11/11/2021
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  • Docket(#18) PROOF OF SERVICE Executed by Plaintiff Shyhi Henry Hsaio, Neil Fox Parekh, upon Defendant Hal Leonard, LLC served on 11/10/2021, answer due 12/1/2021. Service of the Summons and Complaint were executed upon The Corporation Trust Company c/o Amy McLaren\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) (Entered: 11/11/2021)

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  • 11/11/2021
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  • Docket(#17) PROOF OF SERVICE Executed by Plaintiff Shyhi Henry Hsaio, Neil Fox Parekh, upon Defendant Hipgnosis Songs Group, LLC served on 11/10/2021, answer due 12/1/2021. Service of the Summons and Complaint were executed upon The Corporation Trust Company c/o Amy McLaren\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) (Entered: 11/11/2021)

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  • 11/11/2021
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  • Docket(#16) PROOF OF SERVICE Executed by Plaintiff Shyhi Henry Hsaio, Neil Fox Parekh, upon Defendant Songs Music Publishing, LLC served on 11/10/2021, answer due 12/1/2021. Service of the Summons and Complaint were executed upon Corporation Service Company c/o Lynanne Gares\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) (Entered: 11/11/2021)

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  • 11/09/2021
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  • Docket(#15) PROOF OF SERVICE Executed by Plaintiff Shyhi Henry Hsaio, Neil Fox Parekh, upon Defendant Vimeo.com, Inc. served on 11/9/2021, answer due 11/30/2021. Service of the Summons and Complaint were executed upon The Corporation Trust Company c/o Amy McLaren\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) (Entered: 11/09/2021)

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  • 11/09/2021
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  • Docket(#14) PROOF OF SERVICE Executed by Plaintiff Shyhi Henry Hsaio, Neil Fox Parekh, upon Defendant Spotify USA, Inc. served on 11/9/2021, answer due 11/30/2021. Service of the Summons and Complaint were executed upon National Registered Agents, Inc. c/o Amy McLaren\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) (Entered: 11/09/2021)

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  • 11/09/2021
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  • Docket(#13) PROOF OF SERVICE Executed by Plaintiff Shyhi Henry Hsaio, Neil Fox Parekh, upon Defendant Broadcast Music, Inc. served on 11/9/2021, answer due 11/30/2021. Service of the Summons and Complaint were executed upon Corporation Service Company c/o Lynanne Gares\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) (Entered: 11/09/2021)

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  • 11/09/2021
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  • Docket(#12) PROOF OF SERVICE Executed by Plaintiff Shyhi Henry Hsaio, Neil Fox Parekh, upon Defendant Youtube Entertainment Studios, Inc. served on 11/9/2021, answer due 11/30/2021. Service of the Summons and Complaint were executed upon Corporation Service Company c/o Lynanne Gares\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Doniger, Stephen) (Entered: 11/09/2021)

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  • 11/08/2021
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  • Docket(#11) NOTICE OF DISMISSAL filed by Plaintiffs Shyhi Henry Hsaio, Neil Fox Parekh pursuant to FRCP 41a(1) as to Peermusic III, Ltd., Peermusic, Ltd. (Doniger, Stephen) (Entered: 11/08/2021)

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  • 11/02/2021
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  • Docket(#10) INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (vv) (Entered: 11/02/2021)

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  • 09/20/2021
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  • Docket(#9) 21 DAY Summons issued re Complaint (Attorney Civil Case Opening), #1 as to defendants ASCAP Enterprises, LLC, Against All Logic, Amazon, Inc., American Music Rights Association, Inc., Apple, Inc., Broadcast Music, Inc., EMI Consortium Music Publishing, Ltd, Adam King Feeney, Hal Leonard, LLC, Hipgnosis Songs Group, LLC, Nicolas Alfredo Jaar, Kobalt Music Publishing America, Inc., Mattitude Music, LLC, Nyan King Music, Inc., Peermusic III, Ltd., Peermusic, Ltd, Republic Records, Inc., Songs Music Publishing, LLC, Sony Music Publishing, LLC, Spotify USA, Inc., Abel Makkonen Tesfaye, The Weeknd XO Music, ULC, The Weeknd XO US, LLC, The Weeknd XO, Inc., The Weeknd XO, LLC, UMG Recordings, Inc., Universal Music Corporation, Universal Music Group, Inc., Universal Music Publishing, Inc., Vimeo.com, Inc., XO Records, LLC, XO&CO., Inc., Youtube Entertainment Studios, Inc. (esa) (Entered: 09/20/2021)

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  • 09/20/2021
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  • Docket(#8) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (esa) (Entered: 09/20/2021)

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  • 09/20/2021
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  • Docket(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 09/20/2021)

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  • 09/20/2021
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  • Docket(#6) NOTICE OF ASSIGNMENT to District Judge Fernando L Aenlle-Rocha and Magistrate Judge Karen E. Scott. (esa) (Entered: 09/20/2021)

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  • 09/17/2021
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  • Docket(#5) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Shyhi Henry Hsaio, Neil Fox Parekh. (Doniger, Stephen) (Entered: 09/17/2021)

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  • 09/17/2021
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  • Docket(#4) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Shyhi Henry Hsaio, Neil Fox Parekh. (Doniger, Stephen) (Entered: 09/17/2021)

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  • 09/17/2021
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  • Docket(#3) NOTICE of Interested Parties filed by Plaintiffs Shyhi Henry Hsaio, Neil Fox Parekh, (Attachments: #1 Supplement Attachment #1)(Doniger, Stephen) (Entered: 09/17/2021)

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  • 09/17/2021
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  • Docket(#2) CIVIL COVER SHEET filed by Plaintiffs Shyhi Henry Hsaio, Neil Fox Parekh. (Doniger, Stephen) (Entered: 09/17/2021)

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  • 09/17/2021
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  • Docket(#1) COMPLAINT Receipt No: ACACDC-32006291 - Fee: $402, filed by Plaintiffs Shyhi Henry Hsaio, Neil Fox Parekh. (Attorney Stephen M. Doniger added to party Shyhi Henry Hsaio(pty:pla), Attorney Stephen M. Doniger added to party Neil Fox Parekh(pty:pla))(Doniger, Stephen) (Entered: 09/17/2021)

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