Chapter 23 - EXHIBIT 23A • SAMPLE COMPLAINT FOR INVASION OF PRIVACY — APPROPRIATION OF ANOTHER'S NAME AND LIKENESS
| Jurisdiction | Colorado |
| [ ] District Court [ ] County Court __________ County, Colorado Court Address: | COURT USE ONLY |
| Plaintiff(s): v. Defendant(s): | |
| Attorney or Party Without Attorney (Name and Address) Phone Number: FAX Number: E-mail: Atty. Reg. #: | Case Number: Div.: Ctrm.: |
| COMPLAINT AND JURY DEMAND[1 ] | |
Plaintiff, by his/her/its counsel, complains against the Defendant(s) as follows:
1. Plaintiff [name] during all relevant times [was a resident of (county) County, (state)].
2. [If applicable, add: (Plaintiff) is in the business of (describe nature of business and where it is located, including the city and state).]
3. Defendant [name] during all relevant times was [a resident of (county) County, (state) OR a (type of business entity) organized under the laws of (state) with its principal place of business at (street address), (city), (state and zip code)]. [If Defendant is not organized under Colorado law or does not reside in Colorado, add: As a nonresident of Colorado, defendant is subject to the jurisdiction of this court pursuant to the Colorado Long-Arm Statute, as Defendant (insert applicable reasons, such as the transacted business within this State pursuant to C.R.S. § 13-1-124).]
4. [If applicable, add: (Defendant) is in the business of (describe nature of business and where it is located, including the city and state).]
5. This Court has jurisdiction over the subject matter of this action because it is a civil claim for damages and/or equitable relief. Colo. Const. Art. VI, § 9. [Adjust as needed to address requirements of federal rules or statutes.]
6. This Court has personal jurisdiction over Defendant because [If Defendant lives in the state of Colorado, state where he or she lives. If the Defendant moved out of Colorado, but committed the acts while present in Colorado, state that he or she committed the acts while physically present in the state of Colorado. If the Defendant does not live in Colorado and did not commit the acts while in Colorado, state that the defendant intentionally targeted persons living or working in Colorado with the acts subject to the lawsuit. Again, see C.R.S. § 13-1-124]. [Adjust as needed to address requirements of federal rules or statutes.]
7. Venue is proper in this Court under C.R.C.P. 98 because [specify basis for venue, per C.R.C.P. 98, and cite relevant subsection of C.R.C.P. 98]. [Adjust as needed to address requirements of federal rules or statutes.]
8. [As background, describe the history between Plaintiff and Defendant, such as how Defendant came to learn the private information subject to the Complaint, any previous relationship or business dealing between Plaintiff and Defendant, and any communications Plaintiff and Defendant had with each other concerning the private nature of the information subject to the complaint.]
9. [If applicable, add: On or after (date), Plaintiff provided to Defendant photographs of Plaintiff (describe nature of photographs, such as: in states of undress, engaged in sexual acts, diet results) for the purpose of (describe purpose), with the understanding and reasonable expectation that Defendant would not share, disseminate, or use any information shared by Plaintiff, including photographs depicting (describe what the photographs depict), without Plaintiff's prior authorization. On or after (date), Defendant reassured (if applicable, state if it was in writing or verbal) Plaintiff that Defendant would not share, disseminate, or use any information shared by Plaintiff, including photographs depicting (describe what the photographs depict), without Plaintiff's prior authorization. At no point in time did Plaintiff provide Defendant with written or verbal consent for Plaintiff's photographs to be used for any purpose other than (describe purpose).]
10. On or after [date or dates], Defendant [specify, such as: displayed or disseminated photographs of Plaintiff that Plaintiff had provided to Defendant, but which Plaintiff never intended to be viewed by third parties other than Defendant] [describe the context in which Defendant used Plaintiff's name or likeness for Defendant's own purpose or benefit, such as: Defendant's business website, television commercial, or a fake social media account].
11. [If applicable, describe any other incidents in which Defendant used Plaintiff's name or likeness for...
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