Articles Posted in Conversion

Indianapolis, Indiana – An intellectual property lawyer for Joe Hand Promotions, Inc. of Feasterville, Pennsylvania has sued in the Southern District of Indiana alleging that Alice Baldwin and two limited liability companies, all of Evansville, Indiana and doing business as Bucks Tavern, unlawfully intercepted and broadcast the “Rousey v. Carmouche” championship fight.

Joe Hand Promotions was granted rights to distribute via closed-circuit television and encrypted satellite signal the Ultimate Fighting Championship (“UFC”) “Rousey v. Carmouche” fight (the “Program”), which was telecast nationwide on February 23, 2013.

In the complaint against Baldwin and Bucks Tavern, intellectual property counsel for Joe Hand Promotions has alleged such wrongful acts as interception, reception, publication, divulgence, display, exhibition, and “tortuous” [sic] conversion of the Program.

In addition to naming the separate legal entities which apparently own Bucks Tavern, Joe Hand Promotions has also sued Baldwin as an individual, claiming that she owns those legal entities and that she had the right and ability to supervise the activities of Bucks Tavern. Plaintiff asserts that those activities included the unlawful interception of its UFC Program. It further claims that Bucks Tavern and Baldwin received financial benefit from the unlawful display of the Program.

Baldwin and the Bucks Tavern entities have been accused of violating 47 U.S.C. § 605 and 47 U.S.C. § 553. The complaint also lists a count of conversion. Joe Hand Productions seeks statutory damages of $110,000 for each willful violation of 47 U.S.C. § 605; $60,000 for each willful violation of 47 U.S.C. § 553; compensatory and punitive damages on the claim of conversion; and costs and attorney’s fees. These claims have been made both against Bucks Tavern and as personal liability claims against Baldwin.

Practice Tip #1: Joe Hand Productions has sued three entities: two limited liability companies and an individual who is allegedly a principal in both. While limited liability companies are intended, as the name suggests, to limit the liability of the principals, they are not always successful in doing so. Where a principal is personally involved in certain types of illegal activity, legal mechanisms (such as a limited liability company) that are designed to shield the principal from liability may fail to do so. Unfortunately for Baldwin, it is likely that she, as an individual, will be the primary target of this lawsuit as, according to the complaint, it seems that both of the limited liability companies have been administratively dissolved, making their inclusion as defendants likely irrelevant.

Practice Tip #2: While on the surface this appears to be a copyright case, an allegation of interception under 47 U.S.C. § 605 is a different cause of action from copyright infringement. However, a suit alleging interception does not preclude an additional lawsuit alleging different causes of action. For example, the copyright holder can also sue for copyright infringement, which could increase damages by as much as $150,000.

Practice Tip #3: Joe Hand Promotions is a frequent litigant and has brought several cases in recent years against defendants alleged to have illegally intercepted and/or broadcast UFC fights. Indiana Intellectual Property Law News has previously blogged on the cases below:

• Joe Hand Promotions Sues Fishbowl Pub and its Owners for Unlawful Interception and Broadcast of UFC Fight
• Joe Hand Promotions Sues Ho Bo Jungle Bar Over Unauthorized Interception of the Ultimate Fighting Championship Broadcast
• Joe Hand Promotions Sues Lawrenceburg, Indiana Bar for Showing UFC Fight Without Authorization
• Joe Hand Promotions Sues Beerbelly’s over Interception of Broadcast Signal
• Joe Hand Promotions Sues Longwell and Pitt Stop Pub & Grill for Intercepting UFC Broadcast

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Indianapolis, Indiana – Joe Hand Promotions, Inc. of Feasterville, Pennsylvania has sued in the Southern District of Indiana alleging that Timothy H. Fishburn of Marion County, Indiana; David M. Rickelman of Morgan County, Indiana and MWCC, Inc. d/b/a Fishbowl Pub At Midwest Sports Complex of Indianapolis, Indiana unlawfully intercepted and broadcast the Ultimate Fighting Championship “Aldo v. Hominick” Program.

Joe Hand Promotions was granted rights to distribute via closed-circuit television and encrypted satellite signal the Ultimate Fighting Championship (“UFC”) “Aldo vs. Hominick” fight (“the Program”), which was telecast nationwide on April 30, 2011.

In the complaint against Fishburn, Rickelman and Fishbowl Pub, intellectual property counsel for Joe Hand Promotions has alleged such wrongful acts as interception, reception, publication, divulgence, display, exhibition, and “tortuous” [sic] conversion of the Program.

In addition to naming the separate legal entity, MWCC, Inc., which apparently owns Fishbowl Pub, Plaintiff has also sued Fishburn and Rickelman as individuals, claiming that they own MWCC and that they had the right and ability to supervise the activities of Fishbowl Pub. Plaintiff asserts that those activities included the unlawful interception of its Program. It further claims that Fishbowl Pub and its owners received financial benefit from the unlawful display of the Program.

Defendants have been accused of violating 47 U.S.C. § 605 and 47 U.S.C. § 553. The complaint also lists a count of conversion. Joe Hand Productions seeks statutory damages of $110,000 for each willful violation of 47 U.S.C. § 605; $60,000 for each willful violation of 47 U.S.C. § 553; compensatory damages on the claim of conversion; and costs and attorney’s fees. These claims have been made both against Fishbowl Pub and as personal liability claims against the owners.

Practice Tip #1: Among its assertions of wrongdoing, Joe Hand Productions has alleged interception of the Program under 47 U.S.C. § 605, which is a different cause of action from copyright infringement.

Practice Tip #2: When Congress passed the Cable Communication Act, a statute of limitations was not included. Some federal courts have determined that a two-year statute of limitation is appropriate while other federal courts have used a three-year statute of limitations. The alleged wrongdoing here occurred on April 30, 2011. If the court interprets the interception claim to have a two-year statute of limitations, this may pose a problem for the Plaintiff, as the complaint was filed on October 15, 2013.

Practice Tip #3: It is unclear precisely what unlawful act is being alleged in this complaint. In the paragraph 12, it is asserted that Defendants wrongfully intercepted and broadcast the UFC “Aldo vs. Hominick” fight. However, in paragraph 32, the Plaintiff requests a finding of unauthorized exhibition of the “St-Pierre v. Sheilds Broadcast,” which is presumably a different program.

Overhauser Law Offices, the publisher of this website, has represented several hundred persons and businesses accused of infringing satellite signals.

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Indianapolis, Indiana – J & J Sports Productions, Inc. of Campbell, California (“J & J Sports”) sued in the Southern District of Indiana alleging that Luis A. Scheker (“Scheker”) and Margaritas US31 Mexican Restaurant, Inc. of Indianapolis, Indiana (“Las Margaritas”) intercepted and broadcast “Star Power”: Floyd Mayweather, Jr. v. Victor Ortiz without authorization.

J & J Sports states that it is the exclusive domestic commercial distributor of Star Power: Floyd Mayweather, Jr. v. Victor Ortiz (the “program”).  It has sued Las Margaritas, as well as Scheker as an individual, under the Communications Act of 1934 and The Cable & Television Consumer Protection and Competition Act of 1992. 

Specifically, Defendants have been accused of violating 47 U.S.C. § 605 and 47 U.S.C. § 553 by displaying the program on September 17, 2011 without a commercial license.  Regarding the claim under 47 U.S.C. § 605, the complaint alleges that with “full knowledge that the Program was not to be intercepted, received, published, divulged, displayed, and/or exhibited by commercial entities unauthorized to do so, each and every one of the above named Defendants . . . did unlawfully intercept, receive, publish, divulge, display, and/or exhibit the Program” for the purpose of commercial advantage and/or private financial gain. 

A count of conversion is also included which asserts that Defendants’ acts were “willful, malicious, egregious, and intentionally designed to harm Plaintiff J & J Sports” and that, as a result of being deprived of their commercial license fee, J & J Sports suffered “severe economic distress and great financial loss.” 

In addition to naming the separate legal entity, Margaritas US31 Mexican Restaurant, Inc., which apparently owns the restaurant, Plaintiff has also sued Mr. Scheker as an individual, alleging that he had the right and ability to supervise the activities of Las Margaritas.  J & J Sports asserts that those activities included the unlawful interception of Plaintiff’s program. 

J & J Sports also contends that Mr. Scheker specifically directed the employees of Las Margaritas to unlawfully intercept and broadcast Plaintiff’s program at Las Margaritas or, if he did not, that the actions of the employees of Las Margaritas are directly imputable to Mr. Scheker by virtue of his purported responsibility for the activities of Las Margaritas.  Mr. Scheker has also been named individually as a result of J & J Sports’ contention that he is a managing member of Margaritas US31 Mexican Restaurant, Inc.   Further, J & J asserts, Mr. Scheker, as an individual specifically identified on the liquor license for Las Margaritas, had an obvious and direct financial interest in the activities of Las Margaritas.

In the complaint, the intellectual property attorney for J & J Sports listed the following counts and requests for redress:

•Count I: Violation of Title 47 U.S.C. Section 605.  For this count, J & J Sports requests (a) statutory damages for each willful violation in an amount to $100,000.00 pursuant to Title 47 U.S.C. 605(e)(3)(C)(ii), and (b) the recovery of full costs, including reasonable attorneys’ fees, pursuant to Title 47 U.S.C. Section 605(e)(3)(B)(iii).

•Count II: Violation of Title 47 U.S.C. Section 553.  For this count, J & J Sports asks the court for (a) statutory damages for each violation in an amount to $10,000.00 pursuant to Title 47 U.S.C. § 553(c)(3)(A)(ii); (b) statutory damages for each willful violation in an amount to $50,000.00 pursuant to Title 47 U.S.C. § 553(c)(3)(B); (c) the recovery of full costs pursuant to Title 47 U.S.C. Section 553 (c)(2)(C); and (d) and in the discretion of the court, reasonable attorneys’ fees, pursuant to Title 47 U.S.C. Section 553 (c)(2)(C).

•Count III: Conversion.  For this count, the court is requested to order both compensatory and punitive damages from Defendants as the result of the Defendants’ allegedly egregious conduct, theft, and conversion of the program and deliberate injury to the Plaintiff.

Practice Tip #1: While on the surface this appears to be a copyright case, an allegation of interception under 47 U.S.C. § 605 is a different cause of action from copyright infringement.  However, a suit alleging interception does not preclude an additional lawsuit alleging different causes of action.  For example, the copyright holder can also sue for copyright infringement, which could increase damages by as much as $150,000. 

Practice Tip #2: As part of its complaint, J & J Sports claims that the Defendants’ actions have subjected them to “severe economic distress and great financial loss.”  It will be interesting to see what evidence it offers as proof that, as a result of allegedly not receiving its full commercial fee for the programming purportedly displayed by the Defendants – a circumstance presumably known to few other than the Defendants themselves – it has suffered severe economic distress and great financial loss.

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Indianapolis, Indiana — J & J Sports Productions, Inc. of Campbell, California (“J & J Sports”) sued in the Southern District of Indiana alleging that Loyda A. Carranza and Carranza, Inc. of Indianapolis, Indiana (collectively, “Carranza”), both doing business as Los Chilaquiles Restaurant, intercepted and broadcast “Star Power: Floyd Mayweather, Jr. v. Victor Ortiz” without authorization.

J & J Sports states that it is the exclusive domestic commercial distributor of Star Power: Floyd Mayweather, Jr. v. Victor Ortiz (the “program”).  It has sued Carranza, Inc. and Loyda A. Carranza as an individual under the Communications Act of 1934 and The Cable & Television Consumer Protection and Competition Act of 1992. 

Specifically, Defendants have been accused of violating 47 U.S.C. § 605 and 47 U.S.C. § 553 by displaying the program on September 17, 2011 without a commercial license.  Regarding the claim under 47 U.S.C. § 605, the complaint alleges that with “full knowledge that the Program was not to be intercepted, received, published, divulged, displayed, and/or exhibited by commercial entities unauthorized to do so, each and every one of the above named Defendants . . . did unlawfully intercept, receive, publish, divulge, display, and/or exhibit the Program” for the purpose of commercial advantage and/or private financial gain. 

A count of conversion is also included which asserts that Defendants’ acts were “willful, malicious, egregious, and intentionally designed to harm Plaintiff J & J Sports” and that, as a result of being deprived of their commercial license fee, J & J Sports suffered “severe economic distress and great financial loss.”

In addition to naming the separate legal entity, Carranza, Inc., which apparently owns the restaurant, Plaintiff has also sued Defendant Loyda Carranza as an individual, alleging that she had the right and ability to supervise the activities of Los Chilaquiles.  J & J Sports asserts that those activities included the unlawful interception of Plaintiff’s program.  J & J Sports also contends that Ms. Carranza specifically directed the employees of Los Chilaquiles to unlawfully intercept and broadcast Plaintiff’s program at Los Chilaquiles or, if she did not, that the actions of the employees of Los Chilaquiles are directly imputable to Ms. Carranza by virtue of her purported responsibility for the activities of Los Chilaquiles.  Ms. Carranza has also been named individually as a result of J & J Sports’ contention that she is a managing member of Carranza, Inc. and, further, as an individual specifically identified on the liquor license for Los Chilaquiles, had an obvious and direct financial interest in the activities of Los Chilaquiles.

In the complaint, the intellectual property attorney for J & J Sports listed the following counts and requests for redress:

• Count I: Violation of Title 47 U.S.C. Section 605.  For this count, J & J Sports requests (a) statutory damages for each willful violation in an amount to $100,000.00 pursuant to Title 47 U.S.C. 605(e)(3)(C)(ii), and (b) the recovery of full costs, including reasonable attorneys’ fees, pursuant to Title 47 U.S.C. Section 605(e)(3)(B)(iii).
• Count II: Violation of Title 47 U.S.C. Section 553.  For this count, J & J Sports asks the court for (a) statutory damages for each violation in an amount to $10,000.00 pursuant to Title 47 U.S.C. § 553(c)(3)(A)(ii); (b) statutory damages for each willful violation in an amount to $50,000.00 pursuant to Title 47 U.S.C. § 553(c)(3)(B); (c) the recovery of full costs pursuant to Title 47 U.S.C. Section 553 (c)(2)(C); and (d) and in the discretion of the court, reasonable attorneys’ fees, pursuant to Title 47 U.S.C. Section 553 (c)(2)(C).
• Count III: Conversion.  For this count, the court is requested to order both compensatory and punitive damages from Defendants as the result of the Defendants’ allegedly egregious conduct, theft, and conversion of the program and deliberate injury to the Plaintiff.

Practice Tip #1: The interception claim has a two-year statute of limitations, which explains why this complaint was filed on September 13, 2013, almost exactly two years after the broadcast of the program.  J & J Sports initiated 708 lawsuits in 2011 alone.  It appears that many of them were also filed near the eve of the two-year anniversary of the broadcast of the program at issue in each individual lawsuit.

Practice Tip #2: While on the surface this appears to be a copyright case, an allegation of interception under 47 U.S.C. § 605 is a different cause of action from copyright infringement.  However, a suit alleging interception does not preclude an additional lawsuit alleging different causes of action.  For example, the copyright holder can also sue for copyright infringement, which could increase damages by as much as $150,000. 

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South Bend, Ind. — Intellectual property lawyers for J & J Sports Productions, Inc. of Campbell, Calif. sued Juan M. Aguirre (“Aguirre”) and Mi Pueblo V Mexican Restaurant of Wabash, Ind. (“Mi Pueblo”) alleging the illegal interception and display of a pay-per-view championship fight.

J & J Sports, the exclusive domestic commercial distributor of Ultimate Fighting Championship 131: Junior Dos Santos v. Shane Carwin, (the “program”) has sued Mi Pueblo and Aguirre, an officer of the restaurant, under the Communications Act of 1934 and The Cable & Television Consumer Protection and Competition Act of 1992.

The defendants have been accused of violating 47 U.S.C. § 605 and 47 U.S.C. § 553 by displaying the program on June 11, 2011 without a commercial license.  Regarding the claim under 47 U.S.C. § 605, the complaint alleges that with “full knowledge that the Program was not to be intercepted, received, published, divulged, displayed, and/or exhibited by commercial entities unauthorized to do so, each and every one of the above named Defendants . . . did unlawfully intercept, receive, publish, divulge, display, and/or exhibit the Program” for the purpose of commercial advantage and/or private financial gain.  The allegation of interception under 47 U.S.C. § 605 is a different cause of action from copyright infringement. That claim has a two-year statute of limitations, which explains why the complaints were filed on June 11, 2013.

A count of conversion is also included which asserts that the acts of the Mi Pueblo and Aguirre were “willful, malicious, egregious, and intentionally designed to harm Plaintiff J & J Sports” and that, as a result of being deprived of their commercial license fee, J & J Sports suffered “severe economic distress and great financial loss.”

The complaint seeks statutory damages of $100,000 for each violation of 47 U.S.C. § 605; $10,000 for each violation of 47 U.S.C. § 553; $50,000 for each willful violation of 47 U.S.C. § 553; costs and attorney fees.

Practice Tip #1: The body of the complaint listed a second individual defendant, Loida Chavarria, in paragraph 10 but she was not listed in the caption as a party.  The reason for this disparity was unclear from reading the complaint itself.  However, a review of another recent complaint filed by this attorney on behalf of J & J Sports (see here), in which J & J Sports sued an Indianapolis night club with nearly identical allegations, reveals that Ms. Chavarria was listed there, in paragraph 10, as a defendant.  It appears that J & J Sports, which filed 708 lawsuits in 2011, neglected to remove her from a complaint template that had previously been filled in with a different set of defendants.

Practice Tip #2: This lawsuit was filed on the two-year anniversary of the program that the defendants are alleged to have illegally broadcast.  When Congress passed the Cable Communication Act, a statute of limitations was not included.  Some federal courts have determined that a two-year statute of limitation is appropriate while other federal courts have used a three-year statute of limitations.

We have blogged before about J & J Sports here, here and here.

Overhauser Law Offices, the publisher of this website, has represented several hundred persons and businesses accused of infringing satellite signals.

This case has been assigned to The Honorable Judge Rudy Lozano and Magistrate Judge Christopher A. Nuechterlein, and assigned Case No. 3:13-cv-00571-RL-CAN. Continue reading

Indianapolis, Ind. — Intellectual property lawyers for J & J Sports Productions, Inc. (“J&J Sports”) of Campbell, Calif. have sued five Indianapolis restaurants and their owners in the Southern District of Indiana for illegally displaying the 2011 World Boxing Organization Welterweight Championship Fight.

J & J Sports was granted exclusive nationwide commercial rights to the closed-circuit distribution of the “Manny Pacquiao v. Shane Mosley, WBO World Welterweight Championship Fight” Program (“the Program”), which was telecast nationwide on Saturday, May 7, 2011. 

In five separate but similar complaints, J&J Sports has alleged such wrongful acts as interception, reception, publication, divulgence, display, exhibition, and tortious conversion of the Program.  The claims have been made both against the restaurants and as personal liability claims against the owners.  The five restaurants that have been sued are: Fandango’s Night Club, La Favorita Mexican Restaurant, El Rey Del Taco Mexican Restaurant, Taqueria Night Club and Costa Brava Mexican Restaurant.  Of these, at least one, Fandango’s Night Club, has been sued before under similar circumstances.

Each group of defendants has been accused of violating 47 U.S.C. § 605 and 47 U.S.C. § 553.  Each complaint also lists a count of conversion.  Among its assertions of wrongdoing, J&J Sports has alleged interception under 47 U.S.C. 605, which is a different cause of action from copyright infringement. The interception claim has a two-year statute of limitations, which explains why the complaints were filed on May 6, 2013.

The complaints seek statutory damages of $100,000 for each violation of 47 U.S.C. § 605; $10,000 for each violation of 47 U.S.C. § 553; $50,000 for each willful violation of 47 U.S.C. § 553; costs and attorney fees.

In 2011, J&J Sports filed 708 lawsuits.  We have blogged before about J&J Sports here, here and here.

Practice Tip: All of these lawsuits were filed on the eve of the two-year anniversary of the program that the defendants are alleged to have illegally broadcast.  When Congress passed the Cable Communication Act, a statute of limitations was not included.  Some federal courts have determined that a two-year statute of limitation is appropriate while other federal courts have used a three-year statute of limitations.

Overhauser Law Offices, the publisher of this website, has represented several hundred persons and businesses accused of infringing satellite signals.

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