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Timothy J.

Levi
2904 W. 48th Street
Los Angeles, CA 90043
Tel No.: (323) 919-0648
Email: timlevi60@gmail.com

C A L I F O R N I A:

IN THE UNITED STATES DISTRICT COURT

FOR THE CENTRAL DISTRICT OF CALIFORNIA

WESTERN DIVISION

TIMOTHY J. LEVI, Pro se, ) Case No.: 2:18-cv-06156-CBM-RAO


Plaintiff, )
) FIRST AMENDED COMPLAINT
v. ) FOR DAMAGES AND AN
) INJUNCTION FOR:
)
DANNY STRONG, an individual; ) 1. COPYRIGHT INFRINGEMENT
LEE DANIELS, an individual; ) 2. COPYRIGHT INFRINGEMENT
IMAGINE ENTERTAINMENT, a Limited ) 3. COPYRIGHT INFRINGEMENT
Liability Company; )
LITTLE CHICKEN, INC., a Corporation; ) 4. COPYRIGHT INFRINGEMENT
FOX BROADCASTING COMPANY, INC., ) 5. COPYRIGHT INFRINGEMENT
a Corporation; )
HULU- FOX HOLDINGS, a Corporation; ) 6. COPYRIGHT INFRINGEMENT
TV ONE LLC, a Limited Liability Company; ) 7. COPYRIGHT INFRINGEMENT
Defendants. )
) DEMAND FOR A JURY TRIAL

JURISDICTION AND VENUE

1. This is an action for copyright infringement arising under the copyright Act of 1976,

17 U.S.C. §§ 101et seq. This Court has jurisdiction of this action 28 U.S.C. §§ 1331,

1338(a) and 1338(b), and under its supplemental jurisdiction.

2. Venue is proper in this district under 28 U.S.C §§ 1391 and 1400(a) as a substantial

part of the events or omissions giving rise to the claim occurred, and the defendants

and/or their agents reside or may be found, in the judicial district.


PARTIES

3. PLAINTIFF, TIMOTHY LEVI (hereinafter referred to as “LEVI” or “PLAINTIFF” is

an individual resident of Los Angeles, California, and has been attending film school

since June of 2016, who created a manuscript entitled, Unity Incorporated: The

Mastermind.

4. PLAINTIFF is informed and believes, and on that basis alleges, that Defendant

DANNY STRONG (hereinafter referred to as “STRONG” or “DEFENDANT”)

is an individual residing in Los Angeles County, California. PLAINTIFF is further

informed and believes, and on that basis alleges, that STRONG is an actor, writer,

director, and producer with numerous films and television credits, and according to

IMBD, STRONG is the Creator and Executive Producer of Empire.

5. PLAINTIFF is informed and believes, and on that basis alleges, that Defendant

LEE DANIELS (hereinafter referred to as “DANIELS” or “DEFENDANT”)

is an individual residing in Los Angeles County, California. PLAINTIFF is further

informed and believes, and on that basis alleges, that DANIELS is a director and

producer with numerous films and television credits, and according to IMBD,

DANIELS is the Creator and Executive Producer of the Series.

6. PLAINTIFF is informed and believes, and on that basis alleges, that Defendant

IMAGINE ENTERTAINMENT, LLC (hereinafter referred to as “IMAGINE” or

“DEFENDANT”) is a Limited Liability Company operating in Los Angeles County,

California. PLAINTIFF is further informed and believes, and on that basis alleges,

that IMAGINE ENTERTAINMENT is one of the production companies who

are producing Empire, according to IMBD,


7. PLAINTIFF is informed and believes, and on that basis alleges, that Defendant

LITTLE CHICKEN, INC. (hereinafter referred to as “LITTLE CHICKEN”

or “DEFENDANT”) is a corporation operating in Los Angeles County, California.

PLAINTIFF is further informed and believes, and on that basis alleges, that LITTLE

CHICKEN is one of the production companies who are producing Empire according to

IMBD.

8. PLAINTIFF is informed and believes, and on that basis alleges, that Defendant

FOX BROADCASTING COMPANY, INC. (hereinafter referred to as “FOX or

“DEFENDANT”) is a corporation operating in Los Angeles County, California.

PLAINTIFF is further informed and believes, and on that basis alleges, that

FOX BROADCASTING COMPANY, INC. has been granted a license to televise

First run episodes of Empire.

9. PLAINTIFF is informed and believes, and on that basis alleges, that Defendant

HULA-FOX HOLDINGS (hereinafter referred to as “HULU” or “DEFENDANT”) is a

corporation operating in Los Angeles County, California. PLAINTIFF is further

informed and believes, and on that basis alleges, that HULU has been granted

exclusive streaming right to show off-network episodes of Empire.

10. PLAINTIFF is informed and believes, and on that basis alleges, that Defendant

TV ONE LLC (hereinafter referred to as “TV ONE or “DEFENDANT”) is a

Limited Liability Company, operating in Silver Springs, Maryland. PLAINTIFF

is further informed and believes, and on that basis alleges, that TV ONE has

been granted exclusive cable rights to televise off-network episodes of Empire.


11. The names and capacities, whether individual, corporate, associate or other-

wise, of Defendants DOES 1-7, inclusive, are presently unknown to PLAINTIFF,

who therefore sues these defendants by such fictitious names. PLAINTIFF is

informed and believes and thereon allege that each of the DOE Defendants was

and is either intentionally, negligently, or in some other manner, the cause or

contributing cause of, or otherwise responsible for, the damages suffered by PLAIN-

TIFF. PLAINTIFF will amend this Complaint to allege the true names and capacities

of each DOE Defendant, together with such allegations as may be appropriate,

when their names have been ascertain.

STATEMENT OF FACTS

12. PLAINTIFF alleges that in 2007, he wrote a manuscript entitled, “Unity Incorpo-

rated: The Mastermind from Baskerville Correctional Center, and the book

(hereinafter to be referenced at times as the “Material”) is based on the PLAINTIFF’S

imagination. The book has been submitted for Copyright registration with the United

States Copyright office under the registration number TXU001596690 and TX 8-554-

111. (A true and correct copy of the certificate of registration is attached hereto and

incorporated by reference herein as Exhibit “1” and Exhibit “2”.

13. PLAINTIFF alleges that he only registered chapter 1-9 with the Library of Congress

in May 2008, and planned to register chapter 10-18 at a later time, but didn’t

until 2017.

14. PLAINTIFF alleges that he telephoned Robert Walker, an attorney who he had known

since 1981, and asked if he could help Levi procure a publishing deal, and Walker

asserted that he had contacts in the industry.


15. PLAINTIFF alleges that after he spoke with Walker, Levi telephoned his mother and

asked her to take Levi’s manuscript to Walker’s office.

16. PLAINTIFF alleges that Walker was the only person who read chapter 1-18.

17. PLAINTIFF alleges in or about January of 2015, he watched the first episode

of a television show entitled, Empire, which is televised on Fox and noticed that the

show shared three striking similarities with his manuscript, “Unity Incorporated: The

Mastermind.

18. PLAINTIFF alleges that he continued watching Empire over the course of two

seasons, and were able to compile more than fifteen striking similarities in the scenes,

and seven striking similarities within the protagonist, which certainly is a derivative of

Unity Incorporated: The Mastermind.

19. Plaintiff alleges that the defendants failed to obtain Levi’s permission to develop a

show that is a derivative of Unity Incorporated: The Mastermind. The defendants

also failed to procure Levi’s permission to base the protagonist on the protagonist,

Anthony “Pee Wee” Lewis.

20. PLAINTIFF alleges in March 2016, he filed a complaint for damages and an

injunction for copyright infringement against Danny Strong for violating exclusive

right number (2), in the United States District Court for the Eastern District,

Richmond, Virginia.

21. PLAINTIFF alleges in March 2016, he filed a complaint for damages and an

injunction for copyright infringement against Lee Daniels for violating exclusive right

number (2), in the United States District Court for the Eastern District, Richmond,

Virginia.
22. PLAINTIFF alleges in March 2016, he filed a complaint for damages and an injunction

for copyright infringement against Twentieth Century Fox Film Corporation for

violating exclusive right number (2), in the United States District Court, for the

Eastern District, Richmond, Virginia.

23. PLAINTIFF alleges in March 2016, he filed a complaint for damages for copyright

infringement against Robert Walker for violating exclusive right number (1), in the

United States District Court, for the Eastern District, Richmond, Virginia.

24. PLAINTIFF alleges that in the previous lawsuit against Strong, he filed chapter

1-9 of Unity Incorporated with the U.S. District Court in Richmond.

25. PLAINTIFF alleges that Strong never requested a copy of the manuscript

from Levi.

26. PLAINTIFF alleges that in the previous lawsuit against Strong, he stated in his

“Answer” that Anthony “Pee Wee” Lewis’s character murdered more people than

Lucious Lyon’s character.

27. PLAINTIFF alleges that both characters murdered four people apiece up to

chapter 9.

28. PLAINTIFF alleges that the Anthony “Pee Wee” Lewis character murdered more

people later in his life, and is expressed in chapter 10-18.

29. PLAINTIFF alleges that the only possible way Strong could have made the argument

that Anthony Lewis murdered more people than Lucious Lyon is if Strong

possesses a copy of chapter 10-18, which he should not have known that it even

existed.
30. PLAINTIFF alleges that in the previous lawsuit against Daniels, he stated in his

“Answer” that the Anthony “Pee Wee” Lewis’s character murdered more people than

the Lucious Lyon’s character..

31. PLAINTIFF alleges that both characters murdered four people apiece up to

Chapter 9.

32. PLAINTIFF alleges that the Anthony “Pee Wee” Lewis character murdered more

people later in life, and is expressed in chapter 10-18.

33. PLAINTIFF alleges that the only possible way Daniels could have made the

argument that Anthony Lewis murdered more people than Lucious Lyon is if

Daniels possesses a copy of chapter 10-18, which he should not have known that

it even existed.

34. PLAINTIFF alleges that Strong’s Motion to Dismiss was granted for a lack of personal

jurisdiction in March 2017.

35. PLAINTIFF alleges that Daniels’s Motion to Dismiss was granted for a lack of personal

jurisdiction in March 2017.

36. PLAINTIFF alleges that Robert Walker’s Motion to Dismiss was granted for failure to

state a claim. However, the court granted plaintiff a chance to amend his complaint

against Walker in 2017 for violating exclusive right number (1), because he failed to

provide Levi with a Roseboro Notice.

37. PLAINTIFF alleges that in 2017, the court stated that “the case would go forward

against Twentieth Century Fox, and the court would order an “Initial Pretrial

Conference” if the plaintiff didn’t amend his complaint against Walker. However,

Levi did amend his complaint against Walker. See Exhibit 3, Court Order.
38. PLAINTIFF alleges in March 2018, the court granted Twentieth Century Fox Film

Corporation’s Motion to Dismiss the claim with prejudice.

39. PLAINTIFF alleges that on July 26, 2018, an Initial Pretrial phone conference was

conducted between Walker, Levi, and the judge.

40. PLAINTIFF alleges that he filed chapter 1-18 with the court in Virginia in the

previous lawsuit, which is how he was granted an Initial Pretrial Conference.

41. PLAINTIFF alleges that he filed chapter 10 - 18 with the U.S. Library of Congress

in August 2017 and has a valid copyright registration.

42. PLAINTIFF alleges that he is filing chapter 1- 18 of Unity Incorporated: The

Mastermind with the court. See Exhibit 4, CD of chapter 1-18. Time stamped

January 2010.

43. PLAINTIFF alleges that he has a hand written version of chapter 1 through 18 from

2007, which can be inspected by the court if needed.

44. PLAINTIFF alleges that season one of “Empire,” borrows heavily from Unity

Incorporated: The Mastermind. The character traits of the lead actor of Empire, Terrence

Howard, are strikingly similar to the character traits of Anthony “Pee Wee” Lewis, the

lead character of Unity Incorporated: The Mastermind.

45. PLAINTIFF alleges that the last infringement act within the scenes were committed by

the defendants in October 2015.

46. PLAINTIFF alleges that the last infringement act within the protagonist, Lucious Lyon,

was committed by the defendants May 23, 2018.

47. PLAINTIFF alleges that Empire has been renewed for a fifth season in May 2018.
48. PLAINTIFF alleges that the defendants have willfully continued to infringe upon

the plaintiff’s work from January 7, 2015 until May 23, 2018, and plans to continue

committing infringement acts in the future.

49. PLAINTIFF alleges that defendant’s willful infringement acts are criminal pursuant

to 17 U.S.C. § 506(a), and the crimes are punishable up to 5-years in prison pursuant

10 18 U.S.C. § 2319.

50. PLAINTIFF re-allege each and every allegation set forth in paragraph 1- 49,

inclusive, and incorporates them herein by this reference.

51. PLAINTIFF is currently and at relevant times has been the sole proprietor of all

rights, title, and interest in and the copyrights in the Book.

52. PLAINTIFF is informed and believes that the DEFENDANTS are continuing with

efforts to distribute “Empire” in derogation of PLAINTIFF’S rights.

53. PLAINTIFF is informed and believes that a non-exhaustive summary of strikingly

similarities including expressions of ideas and concepts between the respective works

based upon a review of the pilot “Empire” includes but is not limited:

CAUSES OF ACTION

54. COUNT ONE: PLAINTIFF alleges that Empire shares many striking similarities

with Levi’s manuscript, Unity Incorporated: The Mastermind, and thus, is a derivative

of the manuscript. Plaintiff alleges that Strong failed to obtain Levi’s permission to

derive a character from the “Pee Wee” character. Strong also failed to obtain Levi’s

permission to use other similarities from his scenes. Failure to obtain Levi’s

permission constitutes a willful and deliberate violation of the copyright infringement

statute under U.S. Code, Title 17, Chapter 1, section 106, paragraph (2), and makes
Strong liable for damages.

COUNT TWO: PLAINTIFF alleges that Empire shares many striking similarities

with Levi’s manuscript, Unity Incorporated: The Mastermind, and thus, is a derivative of

the manuscript. Plaintiff alleges that Daniels failed to obtain Levi’s permission to derive

a character from the “Pee Wee” character. Daniels also failed to obtain Levi permission

to use other similarities from his scenes. Failure to obtain Levi’s permission constitutes

a willful and deliberate violation of the copyright infringement statute under U.S. Code,

Title 17, Chapter 1, section 106, paragraph (2), and makes Daniels liable for damages.

COUNT THREE: PLAINTIFF alleges that Empire shares many striking

similarities with Levi’s manuscript, Unity Incorporated: The Mastermind, and thus, is a

derivative of the manuscript. Plaintiff alleges that Imagine failed to obtain Levi’s

permission to derive a character from the “Pee Wee” character. Imagine also failed to

obtain Levi’s permission to use other similarities from his scenes. Failure to obtain

Levi’s permission constitutes a willful and deliberate violation of the copyright

infringement statute under U.S. Code, Title 17, Chapter 1, section 106, paragraph (2),

and make Imagine liable for damages.

COUNT FOUR: PLAINTIFF alleges that Empire shares many striking

similarities with Levi’s manuscript, Unity Incorporated: The Mastermind, and thus, is a

derivative of the manuscript. Plaintiff alleges that Little Chicken, Inc. failed to

obtain Levi’s permission to derive a character from the “Pee Wee” character. Little

Chicken, Inc. also failed to obtain Levi’s permission to use other similarities from

his scenes. Failure to obtain Levi’s permission constitutes a willful and deliberate

violation of the copyright infringement statute under U.S. Code, Title 17, Chapter 1,
section 106, paragraph (2), and makes Little Chicken, Inc. liable for damages.

COUNT FIVE: PLAINTIFF alleges that Empire shares many striking similarities

with Levi’s manuscript, Unity Incorporated: The Mastermind, and thus, is a derivative of

the manuscript. Plaintiff alleges that Fox Broadcasting Company, Inc. failed to obtain

Levi’s permission to display Empire publicly. Failure to obtain Levi’s permission

constitutes a willful and deliberate violation of the copyright infringement statute under

U.S. Code, Title 17, Chapter 1, section 106, paragraph (2), and makes Fox Broadcasting

Company, Inc., liable for damages.

COUNT SIX: PLAINTIFF alleges that Empire shares many striking similarities

with Levi’s manuscript, Unity Incorporated: The Mastermind, and thus, is a derivative of

the manuscript. Plaintiff alleges that Hulu failed to obtain Levi’s permission to display

Empire publicly. Failure to obtain Levi’s permission constitutes a willful and deliberate

violation of the copyright infringement statute under U.S. Code, Title 17, Chapter 1,

section 106, paragraph (2), and makes Hulu liable for damages.

COUNT SEVEN: PLAINTIFF alleges that Empire shares many striking

similarities with Levi’s manuscript, Unity Incorporated: The Mastermind, and thus, is a

derivative of the manuscript. Plaintiff alleges that TV One failed to obtain Levi’s

permission to display Empire publicly. Failure to obtain Levi’s permission constitutes a

willful and deliberate violation of the copyright infringement statute under U.S. Code,

Title 17, Chapter 1, section 106, paragraph (2), and makes TV One liable for damages.

STATE A CLAIM

55. COUNT ONE: PLAINTIFF alleges that he is the owner of Unity Incorporated:

The Mastermind, and has a valid copyright registration for the novel. Chapter 1-9 was
registered with the United States Copyright Office in 2008, and chapter 10-18 was

registered with the United States Copyright Office in August 2017. Plaintiff alleges

that Empire has copied fifteen striking similar scenes and twelve striking similarities

from the protagonist as well. Plaintiff alleges that he does not have to allege how the

defendants procured access to the work because the plaintiff is alleging the “striking

similarity” doctrine, which does not requires proving access. Plaintiff also alleges that

the similarities in Empire is strikingly similar to those in Unity Incorporated: The

Mastermind.

COUNT TWO: PLAINTIFF alleges that he is the owner of Unity Incorporated:

The Mastermind, and has a valid copyright registration for the novel. Chapter 1-9 was

registered with the United States Copyright Office in 2008, and chapter 10-18 was

registered with the United States Copyright Office in August 2017. Plaintiff alleges

that Empire has copied fifteen strikingly similar scenes and twelve striking similarities

from the protagonist as well. Plaintiff alleges that he does not have to allege how the

defendants procured access to the work because the plaintiff is alleging the “striking

similarity” doctrine, which does not requires proving access. Plaintiff also alleges that

the similarities in Empire is strikingly similar to those in Unity Incorporated: The

Mastermind.

COUNT THREE: PLAINTIFF alleges that he is the owner of Unity Incorporated:

The Mastermind, and has a valid copyright registration for the novel. Chapter 1-9 was

registered with the United States Copyright Office in 2008, and chapter 10-18 was

registered with the United States Copyright Office in August 2017. Plaintiff alleges

that Empire has copied fifteen strikingly similar scenes and twelve striking similarities
from the protagonist as well. Plaintiff alleges that he does not have to allege how the

defendants procured access to the work because the plaintiff is alleging the “striking

similarity” doctrine, which does not requires alleging access. Plaintiff also alleges that the

similarities in Empire is strikingly similar to those in Unity Incorporated: The

Mastermind.

COUNT FOUR: PLAINTIFF alleges that he is the owner of Unity Incorporated:

The Mastermind, and has a valid copyright registration for the novel. Chapter 1-9 was

registered with the United States Copyright Office in 2008, and chapter 10-18 was

registered with the United States Copyright Office in August 2017. Plaintiff alleges

that Empire has copied fifteen strikingly similar scenes and twelve striking similarities

from the protagonist as well. Plaintiff alleges that he does not have to allege how the

defendants procured access to the work because the plaintiff is alleging the “striking

similarity” doctrine, which does not requires proving access. Plaintiff also alleges that the

similarities in Empire is strikingly similar to those in Unity Incorporated: The

Mastermind.

COUNT FIVE: PLAINTIFF alleges that he is the owner of Unity Incorporated:

The Mastermind, and has a valid copyright registration for the novel. Chapter 1-9 was

registered with the United States Copyright Office in 2008, and chapter 10-18 was

registered with the United States Copyright Office in August 2017. Plaintiff alleges

that Empire has copied fifteen strikingly similar scenes and twelve striking similarities

from the protagonist as well. Plaintiff alleges that he does not have to allege how the

defendants procured access to the work because the plaintiff is alleging the “striking

similarity” doctrine, which does not requires proving access. Plaintiff also alleges that the
similarities in Empire is strikingly similar to those in Unity Incorporated: The

Mastermind.

COUNT SIX: PLAINTIFF alleges that he is the owner of Unity Incorporated:

The Mastermind, and has a valid copyright registration for the novel. Chapter 1-9 was

registered with the United States Copyright Office in 2008, and chapter 10-18 was

registered with the United States Copyright Office in August 2017. Plaintiff alleges

that Empire has copied fifteen strikingly similar scenes and twelve striking similarities

from the protagonist as well. Plaintiff alleges that he does not have to allege how the

defendants procured access to the work because the plaintiff is alleging the “striking

similarity” doctrine, which does not requires proving access. Plaintiff also alleges that

the similarities in Empire is strikingly similar to those in Unity Incorporated: The

Mastermind.

COUNT SEVEN: PLAINTIFF alleges that he is the owner of Unity Incorporated:

The Mastermind, and has a valid copyright registration for the novel. Chapter 1-9 was

registered with the United States Copyright Office in 2008, and chapter 10-18 was

registered with the United States Copyright Office in August 2017. Plaintiff alleges

that Empire has copied fifteen strikingly similar scenes and twelve striking similarities

from the protagonist as well. Plaintiff alleges that he does not have to allege how the

defendants procured access to the work because the plaintiff is alleging the “striking

similarity” doctrine, which does not requires proving access. Plaintiff also alleges that the

similarities in Empire is strikingly similar to those in Unity Incorporated: The

Mastermind.
(a) THEME__

Each work has as a core theme of drama centered on the story of an African American

man with a history of violence, and raising himself without a mother and father from the ghetto

and a life of crime into the world of the music industry.

(b) PLOT__

Empire and Unity Incorporated: The Mastermind, depicts a light-skinned African American

man who grew up in an inner city without a mother or father in their lives. Both protagonist had

troubled lives which led them down a violent world of drug dealing. Both protagonist

eventually invested their drug money in to a record label where they operated their companies

with an iron fist. Both men used murder as a means to maintain control.

(c) SETTING

In both works, the setting takes place in an urban city on the east coast, 250 miles apart.

The friendship between two African American men becomes so strained that the main

character in both work’s plot, carry out a calculated murder against someone he has known

since the men were teenagers.

(d) CHARACTERS_SIMILARITIES_

LUCIOUS LYON

1. Lucious formed a friendship with two other men in their teenage year – Season 1,
Episode 1, 42:40 & Episode 12, 26:55.

2. Lucious began selling drugs as a young adult – Season 1, Episode 1, 05:32 & 40:00.

3. Lucious lured one of his two friends to an isolated area and murdered him in cold
blood – Season 1, Episode 1, 42:47.

4. Lucious invested drug money in to a record label – Season 4, Episode 18 – 30:00.

5. When Lucious’s other friend discovered the sinister act perpetrated against their deceased
friend, he decided to testify against Lucious in a federal trial – Season 1, Episode, 12,
40:50.

6. Lucious is depicted in Empire as a gangster masquerading as a legitimate


businessman – Season 1, Episode 1, 37:13 & Season 4, Episode 17 – 59:00.

7. Lucious murdered four people as a young adult – Season 1, Episode 1, 37:13.

8. Lucious tested three men to ascertain their loyalty to him – Season 2, Episode, 9,
11:10.

9. Lucious becomes interested in Initial Public Offering (I.P.O.) – Season 1, Episode 1,


06:31.
10. Lucious grew up without a mother or father – Season 4, Episode 17, 20:00

11. Lucious has numerous revenue streams under the Empire umbrella – Season 2,
Episode 10, 05:20

12. Lucious travels to Las Vega for business –Season 3, Episode 18, 01:00

ANTHONY “PEE WEE” LEWIS

1. Anthony formed a friendship with two other men in their teenage years – page 87.

2. Anthony began selling drugs as a young adult – page 132.

3. Anthony lured one of his two friends to an isolated area and murdered him in cold
blood – page 613.

4. Drug money was used to acquire a record label for Anthony – page 460 - 464.

5. When Anthony’s other friend discovered the sinister act perpetrated on their deceased
friend, he decided to testify against Anthony in a federal trial – page 619 - 622.

6. Anthony is depicted in Unity Incorporated: The Mastermind as a gangster masquerading


as a legitimate businessman – page 460.

7. Anthony murdered four people as a young adult – page 291 - 296.

8. Anthony tested men to ascertain their loyalty to him – page 333.

9. Anthony becomes interested in Initial Public Offering (I.P.O.) – page 557 - 558.

10. Anthony grew up in the inner city without a mother or father – page 54.

11. Anthony had numerous revenue streams under the Unity Incorporated: The Mastermind
umbrella - page 456.

12. Anthony travels to Las Vega for business – page 529.

CHARACTER TRAITS

EMPIRE’ S LUCIOUS LYON

1. Methodical - Season 4, Episode 16 – 17:00

2. Stylish dresser - Season 1, Episode 2 – 13:00 & 35:00

3. Narcissistic – Season 2, Episode, 36:40

4. Manipulative - Season 4, Episode 17 – 34:00

5. Deceitful - Season 4, Episode 15 – 15:00

6. Charming - Season 4, Episode 18 – 10:00

7. Smart – Season 1, Episode 4 – 00:40

8. Clever - Season 4, Episode 15 – 20:00

9. Violent – Season 1, Episode 1 - 34:00

10. Ego Maniac – Season 2, Episode 1,

11. Controlling – Season 1, Episode 1 - 19:00 & 31:00

12. Funny – Season 4, Episode 18, 30:00

13. Sinister – Season 1, Episode 7 – 30:00 & 35:00

14. Sadistic – Season 3, Episode 17, 10:30

15. Revengeful – Season 1, Episode 4 – 36:00

16. Cruel – Season 1, Episode 1 – 23:00

17. Promiscuous - Season 1, Episode 1- 45:00 & Episode 5 – 33:00

18. Explosive temper – Season 4, Episode 17, 05:00

19. Creative – Season 4, Episode 18, 23:00

20. Arrogant - Season 2, Episode 3 – 07:00


ANTHONY “PEE WEE” LEWIS

1. Methodical - page 438 - 439

2. Stylish dresser - page 327 - 328

3. Narcissistic – page 266 - 268

4. Manipulative - page 222-223

5. Deceitful - page 514 - 517

6. Charming - page 467 - 470

7. Smart – page 557 -558

8. Clever - page 493 - 494

9. Violent – page 291 - 293

10. Ego Maniac – page 415

11. Controlling – page 344

12. Funny – page 469- 470

13. Sinister – page 514- 517

14. Sadistic – page 372

15. Revengeful – page 298

16. Cruel – page 260

17. Promiscuous – page 344

18. Explosive temper – page 289

19. Creative – page 277 - 279

20. Arrogant – page 273

Furthermore, the lead character of Empire, an atheist, named his club “Leviticus” from the

bible. Leviticus is the third book of the priestly tribe of Levi, and the author’s last name is Levi.
(e) MOOD

In both works, the setting takes place in an urban city on the east coast, 250 miles apart.

The friendship between two African American men becomes so strained that the main character

in both works plot and carry out a calculated murder against someone he has known since the

men were teenagers.

(f) PLOT/SCENE/DIALOGUE/CHARACTER SIMILARITIES

(1)

(a). Annika visits Hakeem at his home, while he in the process of exercising. She

casually strolls over to a book stand and picks up a book. Impress by the type of books on

the stand, Annika suggest he read a book by Machiavelli. She explains to Hakeem who

Machiavelli was (Empire – Season One, Episode 12, 07:00).

(b). Pee Wee has a conversation with his cousin, Self, and in the process of the

conversation, Pee Wee asserts if the feds ever come close to arresting him, he would

do what Machiavelli did some 500 years go. Pee Wee proceeds to explain who

Machiavelli was (Unity Incorporated: The Mastermind – page 526).

(2)

(a). A FBI agent attempts to telephone their star witness, Vernon Turner, Lucious

Lyon’s childhood friend and business associate. However, the agent fails to contact

their witness. Vernon is scheduled to testify for the feds against Lucious Lyon for

the murder of their childhood friend, Marcus “Bunkie” William (Empire – Season One, Episode

12, 45:00).

(b). Oscar visits the FBI office and convey to them that his childhood friend and

business associate, Anthony “Pee Wee” Lewis, murdered their childhood friend Ralph Bell.
He agreed to testify for the feds against Pee Wee for the murder of their childhood friend,

Ralph Bell (Unity Incorporated: The Mastermind – page 619- 622).

(3)

(a). When Bunkie’s friends learn of his demise, Lucious invites everyone to his

mansion. While Lucious sits on his sofa, he pretends to be distraught over the cold-blooded

murder of his childhood friend and begins to shed a tear ( Season 1, Episode 2, 17:00).

(b). When Ralph’s friends learn of his demise, Pee Wee invites everyone to his

mansion. While Pee converses with Oscar, he pretends to be distraught over the cold-blooded

murder of his childhood friend and sheds an occasional tear (Unity Incorporated: The

Mastermind – page 611).

(4)

(a) Lucious proposes marriage to Annika over dinner while Anthony Hamilton sings

and plays the piano for the lovely couple. However, the engagement is short-lived because

they fails to wed (Empire – Season One, Episode 5, 01:00).

(b). Pee Wee proposes marriage to Precious over dinner. However, the engagement

is short-lived because they fail to wed (Unity Incorporated: The Mastermind – page 409- 411).

(5)

(a). Lucious lures his childhood friend, Bunkie, to an isolated area and murders

him in cold-blood (Empire – Season One, Episode 1, 38:00).

(b) Pee Wee lures his childhood friend, Ralph, to an isolated area and murders him

in cold-blood (Unity Incorporated: The Mastermind – page 607- 609).

(6)

(a). Lucious gives a lavish party on a yacht and invites hordes of people from the
music industry (Empire – Season One, Episode 1, 02:00).

(b). Pee Wee gives a lavish party on a yacht and invites hordes of people from the

music industry (Unity Incorporated: The Mastermind – page 375- 379).

(7)

(a). Lucious owns a record company (Empire – Season One, Episode 1, 6:00).

(b). Pee Wee gains full ownership of a record company (Unity Incorporated:

The Mastermind – page 464).

(8)

(a). Bunkie, a friend of Lucious since they were 14 years old, visits Lucious

at his home. Bunkie reminds Lucious that he murdered four dealers “back in the day”

and purports that he’s a “punk ass gangster” (Empire – Season One, Episode 1, 56:00).

(b). Pee Wee murdered four people “back in the day” (Unity Incorporated:

The Mastermind – page 212; 285 – 295).

(9)

(a). Annika hires a private investigator to track Lucious’ ex-wife, Cookie (Empire –

Season Two, Episode 2, 19:00).

(b). Pee Wee hires an investigator to follow his girlfriend, Michelle (Unity

Incorporated: The Mastermind – page 597-599).

(10)

(a). Lucious conveys to Andre to announce a reward for anyone who can

provide information for the death of his friend, Bunkie (Empire – Season One, Episode 2,

39:00).

(b). Pee Wee conveys to Oscar if it takes a million dollars to find


the murderer of Ralph, he would spend the money (Unity Incorporated: The Mastermind -

page 611).

(11)

(a). Lucious pursues a talented rapper, Titan, who is currently signed

with another record company (Empire – Season One, Episode 3, 11:00).

(b). Pee Wee pursues a talented rapper, Incredible, who is signed

with another record company (Unity Incorporated: The Mastermind – page 464-466).

(12)

(a). Lucious has his attorney place a GPS device on his son’s car to

maintain his whereabouts ( Empire - Season 2, episode 2, 28:00).

(b). Pee Wee has his P.I. place a GPS device on his girlfriend’s car to maintain

her whereabouts (Unity Incorporated: The Mastermind – page 600-601).

(13)

(a). Hakeem is kidnapped from the street. He is bound and gag. Even in

the face of extreme adversity, he is defiant and refuses to beg for his life (Empire – Season 2,

Episode 2, 45:00 & Episode 3, 05:00).

(b). Sonny Slim is kidnap from the street. He is bound and gag.

Even in the face of extreme adversity, he is defiant and refuses to beg for his life (Unity Incor-

porated: The Mastermind – page 371-373).

(14)

(a) One of Lucious’s nemesis, an over-zealous prosecutor, is

determine to put him in prison (Empire – Season 2, episode 2, 44:00 & Season 2, episode 3,

01:00 & Season 2, episode 3, 32:00).


(b.) One of Pee Wee’s nemesis an over-zealous police detective, is

determine to put him in prison (Unity Incorporated: The Mastermind – page 485-486).

(15)

(a). When Lucious’s nemesis, Roxanne Ford, encounters him, her disdain

for him forces her to make a remark pertaining to his light-skinned complexion (Empire –

Season 2, Episode 4).

(b). When Pee Wee’s nemesis, Detective Woodson, encounters him, his

disdain for him forces him to make a remark pertaining to his light-skinned complexion

(Unity Incorporated: The Mastermind – page 315).

56. PLAINTIFF is further informed and believes, and on that basis alleges, that

DEFENDANT coping of the Book, infringes PLAINTIFF’S copyright and that

DEFENDANT is distributing and intend to continue to distribute unauthorized works

strikingly similar to and derivative of Unity Incorporated: The Mastermind.

57. The nature, probable and foreseeable result of DEFENDANT wrongful

conduct has been and will continue to be to deprive PLAINTIFF of the benefits of any

other derivative work of the Book based in large part on PLAINTIFF'S story to another

buyer, and to deprive PLAINTIFF of the goodwill that would necessarily be associated

therewith.

58. PLAINTIFF is informed and believes, and on that basis alleges, that it has

lost and will continue to lose substantial revenues and has sustained damages as a result of

DENFENDANTS' wrongful conduct and has also deprived and will continue to deprive

the PLAINTIFF of opportunities for expanding its goodwill.


59. PLAINTIFF is informed and believes, and on that basis alleges, that unless

enjoined by this Court, DEFENDANTS intend to continue their course of conduct and to

wrongfully use, infringe upon, sell and otherwise profit from PLAINTIFF'S Book.

As a direct and proximate result of the acts of DEFENDANTS alleged upon, PLAINTIFF

has already suffered irreparable damages and has sustained lost profits. PLAINTIFF has no

adequate remedy at law to redress all of the injuries that DEFENDANTS' actions alleged

above are enjoined by this Court.

60. By his actions alleged above, DEFENDANTS has infringed and will

continue to infringe PLAINTIFF'S copyrights in relating to the Book by producing,

distributing, and placing upon the market products which are derivative of PLAINTIFF'S

copyrighted work.

61. PLAINTIFF is entitled to an injunction retraining DEFENDANTS, his

officers, agent and employees, and all persons acting in concert with them , from engaging

in any further such acts in violation of the copyright laws.

62. PLAINTIFF is further entitled to recover from DEFENDANTS the damages, they

have sustained and will sustain, and any gain, profits and advantages obtained by

DEFENDANTS' acts of infringement alleged above. At present, the amount of such damages,

gain, profits and advantages cannot be fully ascertain by PLAINTIFF but on information and

belief, PLAINTIFF believes that such damages may equal or exceed $2,000,000,000.
TIMOTHY J. LEVI

_____________________________
Plaintiff

Timothy J. Levi
2904 W. 48th Street Date: August 3, 2018
Los Angeles, CA 90043
Tel: (323) 919-0648
Email: timlevi60@gmail.com

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