Indiana Intellectual Property Law News
Indianapolis, Indiana – Intellectual property counsel for J & J Sports Productions, Inc. of Campbell, CA, filed a lawsuit alleging Rocio Albarran of Indianapolis, IN, et al. improperly exhibited the June 2008 Diaz-Pacquaio boxing match. The plaintiff claims to hold the rights to distribute the broadcast of the fight and that the defendants “unlawfully intercepted, received and/or de-scrambled” the satellite signal of the broadcast and publicly showed it at the Taqueria El Maguey establishment in Indianapolis. Violations of 47 U.S.C. ยงยง 553 and 605(a), which prohibit unauthorized reception and use of satellite and cable system transmissions, are asserted.
This case has been assigned to Judge Jane E. Magnus-Stinson and Magistrate Judge Debra McVicker Lynch in the Southern District of Indiana, and assigned case no. 1:10-cv-00785-JMS-DML.
Practice Tip: The liability for violating improperly “intercepting” a broadcast under the Federal Communications Act are extremely severe. A person found liable can be required to pay “an award of statutory damages for each violation of subsection (a) of this section involved in the action in a sum of not less than $1,000 or more than $10,000, as the court considers just, and for each violation of paragraph (4) of this subsection involved in the action an aggrieved party may recover statutory damages in a sum not less than $10,000, or more than $100,000, as the court considers just.” In addition, the court may “direct the recovery of full costs, including awarding reasonable attorneys’ fees to an aggrieved party who prevails.”
Complaint – J & J Sports v. Albarran
Further information about this case is as follows:
Filed: June 21, 2010 as 1:2010cv00785 Updated: June 21, 2010 21:12:46
Plaintiff: J & J SPORTS PRODUCTIONS, INC.
Defendants: ALBARRAN, ALBARRAN ROMAN, INC., EUGENIO ROMAN and ROCIO ALBARRAN
Presiding Judge:Jane Magnus-Stinson
Referring Judge:Debra McVicker Lynch
Cause Of Action: Fed. Question
Seventh Circuit > Indiana > Southern District Court
Type:Other Statutes > Cable/Satellite TV