Indiana Intellectual Property Law News
Northern District of Indiana – Plaintiffs DISH Network LLC, EchoStar Technologies L.L.C. and NagraStar LLC, all of Englewood, Colorado, sued in the Northern District of Indiana contending that Defendants Paulette Kincaide and Linnis Kincaide of Gary, Indiana wrongfully intercepted satellite signals.
Defendants are accused of circumventing DISH Network’s security system and receiving copyrighted satellite programming without having paid the required subscription fee. Plaintiffs contend that this was accomplished by purchasing decryption keys from NFusion Private Server, a pirate television service.
In this Indiana lawsuit, filed by intellectual property lawyers for Plaintiffs, the following causes of action are alleged:
• Count I: Circumventing An Access Control Measure In Violation Of The Digital Millennium Copyright Act, 17 U.S.C. § 1201(a)(l)
• Count II: Receiving Satellite Signals Without Authorization in Violation of the Federal Communications Act, 47 U.S.C. § 605(a)• Count III: Intercepting Satellite Signals in Violation of the Electronic Communications Privacy Act, 18 U.S.C. §§ 2511(1)(a) and 2520
Plaintiffs claim that Defendants’ actions have caused “actual and imminent irreparable harm for which there is no adequate remedy at law.” They further contend that violations were willful and for the purpose of commercial advantage or private financial gain.
Plaintiffs ask the federal court for an award of damages, including enhanced damages, as well as injunctive relief and reimbursement of costs, investigative expenses and attorneys’ fees.
The case was assigned to Judge Jon E. DeGuilio and Magistrate Judge Paul R. Cherry in the Northern District of Indiana and assigned Case No. 2:16-cv-00354-JD-PRC.