MemphisRap.com has learned that Pamela Moses, better known as Memphis rapper P. Moses, CEO of Let It B Known Records (LIBK Records), has filed a copyright infringement complaint with the federal court against YouTube, Google, and Shira Krasnow aka Lil Miss Muffin for copyright and trademark infringement.
According to court documents obtained by MemphisRap.com, P. Moses filed a federal complaint in Western United States District Court claiming defendants Google, YouTube, and Shira Krasnow aka Lil Miss Muffin infringed on P.Moses' "original brand entitled "Pimpin Pretty," "Pretty Pimp," "Pimp Pretty," and "The Pretty Pimp," which P.Moses obtained sound recording copyright, trademark for on March 20, 2005, according to the documents.
The complaint contends that YouTube knowingly allowed and currently still is allowing Shira Krasnow to reproduce and publicly perform under the copyrighted works of P. Moses uploaded to its' site.
The complaint refers to defendant Shira Krasnow aka "Lil Miss Muffin" as a non-established fraudulent "wannabe" rapper/dancer residing in Pittsburgh, PA.
On October 15th, 2012, Chief U.S. District Jon P. McCalla issued an order of process to be delivered by the United States Marshall for service on the Defendants.
In connection with the filing, the complaint states the following:
"Defendant Shira Krasnow has blatantly copied and attempted to confuse the consumer of the already established brand with a song P. Moses created in 2004 and because of Krasnow notoriety of her sexually explicit content she received from other YouTube content "Pound My Muffin" she has emulated artist P. Moses and assumed a similar name "Pimp Pretty" that was already created. Because YouTube user "Shira" blatantly contributed to infringed copyrighted works to the YouTube by the thousands, including those created by Plaintiff 7 years ago; the videos "delivered" by YouTube include a vast unauthorized collection of Plaintiffs copyrighted sound recording, trademark, and picture.
Videos available on YouTube are uploaded by users in the 1st instance, upon upload the videos become part of the YouTube library for performance and display on YouTube’s own website which Defendants control and directly profit from. When Shira uploaded her video she used the protected, sound recording, logo/picture, and trade dress/mark to begin and promote the infringed works, YouTube copied the video in its own software format, adds it to its own servers, and makes it available for viewing on its own website. A user who wants to view a video entitled “Pimpin Pretty” would type terms into a search engine and indexing function provided by YouTube for this purpose on its site would return a search for the first letters type essentially drawing anyone looking for “Pimpin Pretty” to Shira Krasnow “Pimp Pretty” who is using infringed copyrighted material consequently steering traffic from the original works to the infringed works that are not copyrighted nor ever been copyrighted. YouTube creates thumbnails, which are individual frames from videos in its library- including infringing videos- for the purpose of helping users find what they are searching for. This creating confusion because of the mimicked similarities, of a branded product of the original works created by Plaintiff. During the entire experience YouTube prominently displays its logo, user interface, and advertising to the user. Thus, the YouTube conduct that forms the basis of this Complaint is not simply providing storage space, conduits, or other facilities to user who create their own websites with infringing materials. To the contrary, YouTube itself commits the infringing duplication, and profits directly from it while the Plaintiff suffers from the theft of its user Shira Krasnow."
In the filing, P. Moses is seeking "not less than $500 or more than $ 100,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just; or, if the court finds that the use of the counterfeit mark was willful, not more than $ 1,000,000 per counterfeit mark per type of goods or services sold, offered for sale, or distributed, as the court considers just."
According to rapper P. Moses, her "goal is to make an example out of any and all parties who refuse to develop their own original ideas and/or choose to steal intellectual property, and creative concepts from real artist who have essentially invested and sacrificed their life for their careers."