Attorneys For Plaintiff Brittany Alexandria Sheets
Case 2:18-cv-03204 Document 1 Filed 04/17/18 Page 1 of 39 Page ID #:1123456Attorneys for Plaintiff Brittany Alexandria Sheets78UNITED STATES DISTRICT COURT9CENTRAL DISTRICT OF CALIFORNIASpertus, Landes & Umhofer, LLP101112BRITTANY ALEXANDRIA SHEETS,an individual, aka Mars Argo;COMPLAINT FOR:13Plaintiff,1415vs.16171819202122CASE NO. CV 18-3204COREY MICHAEL MIXTER, anindividual, aka Titanic Sinclair;TITANIC SINCLAIRPRODUCTIONS, INC., a Californiacorporation; MORIAH ROSEPEREIRA, an individual, aka Poppy,aka ThatPoppy, aka I am Poppy; and IAM POPPY, INC., a Californiacorporation1. COPYRIGHT INFRINGEMENT2. COMMON LAW RIGHT OFPUBLICITY3. VIOLATION OFCALIFORNIA’S UNFAIRBUSINESS LAWS (Cal. Bus. &Prof. Code §§17200, et seq.)4. DOMESTIC VIOLENCEDAMAGES (Cal. Code Proc.§340.15)DEMAND FOR JURY TRIAL2324Defendants.25262728COMPLAINT
Case 2:18-cv-03204 Document 1 Filed 04/17/18 Page 2 of 39 Page ID #:2COMPLAINT1Plaintiff Brittany Alexandria Sheets alleges as follows:23456INTRODUCTION1.Plaintiff Brittany Alexandria Sheets is an actress and recording artistknown by the alter ego and stage name “Mars Argo.”2.Ms. Sheets is originally from Saginaw, Michigan, and, in 2008, met7a local man named Corey Mixter. The two began a romantic relationship, and8also began pursuing creative endeavors together. They subsequently moved9together to Chicago and then to Los Angeles.10Spertus, Landes & Umhofer, LLPI.3.In addition to being the alter ego of Plaintiff Brittany Sheets, Mars11Argo also is the name of a musical project between Ms. Sheets and Mr. Mixter,12who is known by his alter ego of Titanic Sinclair (“Mr. Mixter” or “Titanic13Sinclair”). In 2009, Ms. Sheets and Mr. Mixter began making music in their14bedroom and releasing videos of their performances on their YouTube channel15called Grocerybag.tv. All of the content on the channel was self-produced and16consisted of short films, music videos, and a show called “Computer Show.”17The channel was active from 2009 through 2015, and roughly 92 videos were18released during that time.194.In addition to producing and publishing content through their20YouTube channel, in early 2012, Mars Argo began performing live stage shows21and performing for audiences at venues across the country.225.Although Mars Argo was growing in popularity during this time,23Ms. Sheets was living a nightmare and, behind closed doors, she was enduring24severe emotional and psychological abuse and manipulation from Mr. Mixter.256.In January 2014, after confronting Mr. Mixter about his recurrent26infidelity, Ms. Sheets ended her relationship with Mr. Mixter, and asked that27their association become strictly professional. However, Mr. Mixter did not28honor Ms. Sheets’ requests. Following the end of their romantic relationship,2COMPLAINT
Case 2:18-cv-03204 Document 1 Filed 04/17/18 Page 3 of 39 Page ID #:31Mr. Mixter began to repeatedly harass, stalk, threaten, and abuse Ms. Sheets,2including – but not limited to – threatening to commit suicide, repeatedly3showing up unannounced at Ms. Sheets’ doorstep, breaking into her apartment,4stalking her every move on social media, disparaging her to mutual friends,5acquaintances, or others in the industry, and even physically assaulting her.6Despite Mr. Mixter’s abusive behavior, Ms. Sheets was hesitant to7end their professional association because she had worked so hard to build Mars8Argo, and the project was gaining notoriety.9Spertus, Landes & Umhofer, LLP7.8.In mid-2014, however, the abuse and manipulation from Mr. Mixter10became too much, and Ms. Sheets stopped making new content with him. Upon11losing Ms. Sheets, Mr. Mixter’s intimidation only intensified.129.Finally, in late 2015, Ms. Sheets decided she had no option but to13leave Los Angeles, to try to protect herself from Mr. Mixter’s threats and14harassment.1510. Around the same time that Mr. Mixter had been actively harassing16Ms. Sheets, in November 2014, Mr. Mixter calculatedly transformed another17woman, Moriah Rose Pereira – known by the stage name “ThatPoppy” or18“Poppy” or “I’m Poppy” (collectively “Poppy”) – into a Mars Argo knockoff.1911. Although Poppy was a natural brunette, after meeting Mr. Mixter,20Ms. Pereira dyed her hair a specific platinum blonde and, in character as Poppy,21started to alter her voice to be a pitch higher to mimic Mars Argo’s distinctive22speaking voice.2312. Mr. Mixter and Ms. Pereira began to produce short segments on a24YouTube channel that were set against substantially similar backdrops and in a25deliberately similar format to the Mars Argo project.2613. From November 2014 to the present, through the Poppy project, Mr.27Mixter and Ms. Pereira as Poppy, deliberately copied Mars Argo’s identity,28likeness, expression of ideas, sound, style, and aesthetic in YouTube segments,3COMPLAINT
Case 2:18-cv-03204 Document 1 Filed 04/17/18 Page 4 of 39 Page ID #:41music videos, live performances, internet videos, and other performances or2shows. These actions constitute copyright infringement, a violation of Ms.3Sheets’ right to publicity, and violation of the California Business and4Professions Code sections 17200 et sequence.Spertus, Landes & Umhofer, LLP514. Moreover, by combining that infringement with a sinister campaign6of harassment, Mr. Mixter attempted to drive Ms. Sheets out of the7entertainment business – not only stealing her intellectual property but8appropriating her entire persona.915. Like many women, Ms. Sheets has previously been afraid to come10forward with her story. She feared retribution and retaliation from Mr. Mixter,11including further public disparagement and renewed intimidation of professional12and personal acquaintances.1316. Ms. Sheets also continues to fear for her own personal safety, given14Mr. Mixter’s violent, menacing, and unstable conduct following their break-up.1517. Ms. Sheets realizes, however, that the only way to gain freedom16from Mr. Mixter and to move forward both professionally and personally is to17hold him and his enablers accountable and seek protection from the Court.1818. This complaint seeks damages from Mr. Mixter both for his19personal abuse of Ms. Sheets, and from Mr. Mixter and from his company in20copying Mars Argo’s identity, likeness, and expression of ideas as part of his21work with the artist Poppy, and for the blatant and willful infringement of Mars22Argo’s copyright.2319. In addition, given Mr. Mixter’s past history of abuse, Ms. Sheets is24simultaneously seeking a domestic violence restraining order against Mr. Mixter25in state court during the pendency of this litigation so Ms. Sheets is protected26from further retaliation and abuse as a result of this lawsuit.2720. Additionally, Ms. Sheets seeks damages from Ms. Pereira for being28a knowing accomplice to Mr. Mixter’s unlawful actions in deliberately copying,4COMPLAINT
Case 2:18-cv-03204 Document 1 Filed 04/17/18 Page 5 of 39 Page ID #:51stealing, and appropriating Ms. Sheets’ identity, style, aesthetic, likeness,2expression of ideas, content, and work as Mars Argo in her own work as Poppy.3II.21.4This is an action for copyright infringement arising under the5Copyright Act of 1976, as amended, 17 U.S.C. § 101 et seq. The Court has6subject matter jurisdiction under 17 U.S.C. § 501 and 28 U.S.C. §§ 1331 and71338(a). This Court also has supplemental jurisdiction over Plaintiff’s claims8arising under state law under 28 U.S.C. § 1367, as those claims form part of the9same case or controversy.22. Venue is proper in this District under 28 U.S.C. §§ 1391(b) and10Spertus, Landes & Umhofer, LLPJURISDICTION AND VENUE111400(a) because Defendants Mixter and Pereira reside in this District, may be12found in this District, and are subject to personal jurisdiction in this District.13Mr. Mixter and Ms. Pereira also have substantial and continuous ties to this14District.23. This Court has personal jurisdiction over Defendant Mixter because,1516among other things, (i) Corey Michael Mixter, aka Titanic Sinclair, transacts17business and works in this District, (ii) engaged in wrongdoing in this District;18and (iii) resides in this District.24. This Court has personal jurisdiction over Defendant Pereira1920because, among other things, (i) Moriah Rose Pereira, aka Poppy, transacts21business and works in this District, (ii) engaged in wrongdoing in this District;22and (iii) resides in this District.2324III.PARTIES25.The Plaintiff in this action is Brittany Alexandria Sheets an25individual, who is now and at various relevant times was a resident of Los26Angeles, California.272826.Plaintiff is informed and believes that Mr. Mixter is, and was at allrelevant times, an individual and resident of the County of Los Angeles, State of5COMPLAINT
Case 2:18-cv-03204 Document 1 Filed 04/17/18 Page 6 of 39 Page ID #:61California. Defendant Corey Mixter goes by the professional name of Titanic2Sinclair, and describes himself on his website titanicsinclairbandcamp.com as “a3LA-based audio and visual artist” and on his website titanicsinclair.com as “a4director/writer living in LA.”27.Spertus, Landes & Umhofer, LLP5Defendant Titanic Sinclair Productions, Inc. is a California6corporation that filed articles of incorporation on or around April 10, 2017. A7December 5, 2017, State of California Statement of Information lists Defendant8Mixter as the Chief Executive Officer, Secretary, Chief Financial Officer, and9Director of the corporation. The corporation business type is “entertainment10services.”1128.Defendant Moriah Rose Pereira goes by the professional name12“Poppy” aka “ThatPoppy” aka “I’m Poppy.” Plaintiff is informed and believes13that Ms. Pereira is, and was at all relevant times, an individual and resident of14the County of Los Angeles, State of California.29.15Defendant I am Poppy, Inc. is a California corporation that filed16articles of incorporation on or around July 11, 2017. An August 21, 2017, State17of California Statement of Information lists Defendant Pereira as the Chief18Executive Officer, Secretary, Chief Financial Officer, and Director of the19corporation. The corporation business type is “entertainment services.”2021IV.BACKGROUNDA.Created Original Content for Mars Argo Until 20142223Ms. Sheets and Mr. Mixter Began Mars Argo In 2009 And30.Mars Argo is the alter ego of singer, actress, YouTube artist and24personality Brittany Sheets. It is also the name of the musical project between25Ms. Sheets and Corey Mixter, who is known by his alter ego, Titanic Sinclair26(“Titanic Sinclair” or “Mr. Mixter”). Ms. Sheets and Mr. Mixter began dating27in 2008. In 2009, Ms. Sheets and Mr. Mixter began making music in their28bedroom and released content on their YouTube channel called Grocerybag.tv.6COMPLAINT
Case 2:18-cv-03204 Document 1 Filed 04/17/18 Page 7 of 39 Page ID #:71All of the content on the channel was self-produced and consisted of short films,2music videos, and a show called “Computer Show.” The channel was active3from 2009 through 2015. Roughly 92 videos were released while still active.4The videos were an artistic social commentary on the internet, celebrity, and pop5culture, with a focus on the future and technology.Spertus, Landes & Umhofer, LLP631.Throughout this time, Ms. Sheets created, developed, participated7in, and contributed to Mars Argo content, scripts, directing, lighting, framing,8filming, editing, motion graphics, color correction, hair/make-up, wardrobe,9styling, sound design, lyrical composition, and imaging and branding for Mars10Argo videos, songs, recordings and performances. Ms. Sheets’ photography11was largely responsible for the “look” of Mars Argo, and Mr. Mixter continues12to appropriate that work to this day.1332.In addition to her creative contributions, throughout their personal14and professional relationship, Mr. Mixter was essentially insolvent, relying on15constant financial support from Ms. Sheets and her family.1633.In late 2012/early 2013, Ms. Sheets and Mr. Mixter moved to Los17Angeles, and auditioned new members for their band to perform live shows in18addition to producing internet content. When they moved to Los Angeles,19Sheets and Mixter shared an apartment.2034.Around this time, in early 2013, Ms. Sheets and Mr. Mixter21received a loan from Ms. Sheets’ father, Don Sheets, to fund the Mars Argo22project. As part of the loan, Ms. Sheets, Don Sheets, and Mr. Mixter formed the23Mars Argo, LLC, a limited liability company in the state of Michigan, in which24Don Sheets became an 83.3% owner of Mars Argo, LLC, with Brittany Sheets25and Corey Mixter each respectively owning 8.3% of Mars Argo, LLC26(incorporated in April 2013). Mars Argo LLC also was incorporated in Los27Angeles in March 2013. The purpose of the Mars Argo, LLC was to develop287COMPLAINT
Case 2:18-cv-03204 Document 1 Filed 04/17/18 Page 8 of 39 Page ID #:81the Mars Argo brand to generate revenue from a variety of sources, including2royalties, retail sales, licensing revenue and appearance fees.3Although the band Mars Argo grew in popularity during this time,4Ms. Sheets was enduring severe emotional and psychological abuse and5manipulation from Mr. Mixter. He constantly insulted her intellect and6denigrated and degraded her in public and in private.7Spertus, Landes & Umhofer, LLP35.36.He repeatedly told her that she was getting old and that she needed8him to be successful in her career. He created a sense that she was running out9of time and that her only solution was to finance the project and create content10for it. Unsurprisingly, a review of Mars Argo songs from the time shows that11many lyrics were related to the controlling nature of the relationship with Mr.12Mixter.1337.Ms. Sheets believes that Mr. Mixter deliberately sought to shatter14her self-confidence so that she would not pursue any individual creative15opportunities and would instead continue to support him both creatively and16financially.1738.If Ms. Sheets had an opportunity to collaborate on an outside18project, Mr. Mixter would belittle the opportunity and speak poorly of the19person or project, so that Ms. Sheets would, in turn, feel doubt or distrust. Mr.20Mixter would then advise her on how to respond to the opportunity or even take21it upon himself to draft a response for her to turn down the project.2239.Finally, in January 2014, after confronting Mr. Mixter about his23recurrent infidelity, Ms. Sheets ended the romantic relationship with Mr. Mixter,24and shortly thereafter asked him to move out of the apartment they shared.25However, they continued to work together professionally due to Mars Argo’s26rising popularity and upcoming live shows the band had scheduled. They also27had recently shot the music video for the single “Using You” with a Grammy28Award nominee for producer of the year and were in the process of editing the8COMPLAINT
Case 2:18-cv-03204 Document 1 Filed 04/17/18 Page 9 of 39 Page ID #:9123440.Shortly thereafter, in February 2014, Mars Argo released “DeleteYour Facebook” on Grocerybag.tv.41.During this time, the band Mars Argo continued to gain a cult5following, and in March 2014, Mars Argo performed three successful showcases6at the South by Southwest festival in Austin, Texas. Thereafter, Mars Argo7continued to perform shows, including at the Nerdmelt Theater in Los Angeles,8California.9Spertus, Landes & Umhofer, LLPvideo.42.Because of Mars Argo’s rising success, Ms. Sheets attempted to10maintain a working relationship with Mr. Mixter, but found it increasingly11difficult due to his emotionally-abusive, demeaning, and manipulative conduct.12This behavior by Mr. Mixter was witnessed by others including friends,13neighbors, and Mars Argo band members.1443.As a result, on May 31, 2014, Ms. Sheets and Mars Argo canceled15their first show at Belly of the Beast Blowout festival in Los Angeles,16California.17181944.In June 2014, Ms. Sheets put the band on hiatus from rehearsalsand performances. Thereafter, Mr. Mixter’s abusive conduct only grew worse.45.Around this time, Mr. Mixter began frequently breaking into Ms.20Sheets’ gated apartment building and would wait for her in the courtyard of the21building until she got home.222324252627289COMPLAINT
Case 2:18-cv-03204 Document 1 Filed 04/17/18 Page 10 of 39 Page ID #:1046.1Around the same time, in mid-2014, Mr. Mixter met Moriah Rose2Pereira, known by her stage name at the time “ThatPoppy” (now “Poppy”),3through a mutual friend. At the time, Poppy was a brunette with dark brown4hair.56789Spertus, Landes & Umhofer, LLP101112131447.Ms. Sheets is informed and believes that Mr. Mixter and Ms.15Pereira began working together a few months after meeting, although Ms.16Sheets was unaware of it at the time.1748.Soon thereafter, Ms. Pereira began to sport a shorter blonde18hairstyle resembling that of Ms. Sheets at the time. Looking back on social19media comments, it appears Mars Argo fans immediately noticed:202122232425262728T10COMPLAINT
Case 2:18-cv-03204 Document 1 Filed 04/17/18 Page 11 of 39 Page ID #:111In August 2014, Ms. Sheets requested that Mr. Mixter not contact2her going forward. However, throughout August and September 2014, Mr.3Mixter continued to contact Ms. Sheets against her wishes, including sending a4text message threatening his own suicide. Mr. Mixter also continued to break5into Ms. Sheets’ gated apartment complex to wait for her in the courtyard.6Spertus, Landes & Umhofer, LLP49.50.On one afternoon in September 2014, Ms. Sheets found Mr. Mixter7sitting in her courtyard and he seemed jittery. He demanded that she delete all8of the videos on their YouTube channel. His behavior and mannerisms9frightened Ms. Sheets, who immediately changed the passwords to the10Grocerybag.tv YouTube account to protect their work. Ms. Sheets had always11been the one responsible for monitoring and managing the account, so it was not12unusual for her to access the channel.13B.And To Increasingly Threaten And Attack Ms. Sheets1415Mr. Mixter Begins To Copy The Mars Argo Project With Poppy51.In November 2014, Mr. Mixter started releasing videos with16Poppy. The first video released was entitled “Poppy Eats Cotton Candy.”17When Ms. Sheets originally met Poppy, she had short brown hair and looked18extremely different than how she appears today. Once Poppy began working19with Mr. Mixter, however, she started sporting a blonde bob and her natural20voice was altered in videos to be a pitch higher to sound like Mars Argo.2152.In addition to copying the look of Ms. Sheets, the aesthetic of the22Poppy videos also is similar to that of Mars Argo. Like Mars Argo, most Poppy23videos had a plain, white-hued backdrop, were framed like a portrait with the24main subject in the middle of the frame. Poppy would tilt her head to the25camera, and the videos had a colorful, childlike kawaii pop culture effect26(kawaii is the culture of cuteness in Japan). Both Mars Argo and Poppy are27often described as having a “doll-like” quality.2811COMPLAINT
Case 2:18-cv-03204 Document 1 Filed 04/17/18 Page 12 of 39 Page ID #:12153.Around the same time Mr. Mixter released his first work with2Poppy, on November 9, 2014, Mr. Mixter broke into Ms. Sheets apartment3through her bedroom window in the middle of the night. He was obviously4intoxicated or high on drugs. Ms. Sheets asked him to leave and go home. Ms.5Sheets photographed the broken window.6789Spertus, Landes & Umhofer, LLP101112131415161718192054.A few weeks later, Mr. Mixter broke into Ms. Sheets’ apartment21when she was not home and went onto her computer to log into her Facebook22account and block new friends of hers. Ms. Sheets discovered this only later23when she tried to communicate with the blocked individuals.2455.Because Ms. Sheets had worked so hard to create the “Using You”25music video as Mars Argo, on January 13, 2015, she released the video. That26same day, Mr. Mixter also posted the video on his Instagram.272812COMPLAINT
Case 2:18-cv-03204 Document 1 Filed 04/17/18 Page 13 of 39 Page ID #
Mixter and Ms. Pereira as Poppy, deliberately copied Mars Argo’s identity, likeness, expression of ideas, sound, style, and aesthetic in YouTube segments, Case 2:18-cv-03204 Document 1 Filed 04/17/18 Page 3 of 39 Page ID #:3
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