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Indiana Intellectual Property Blog

~ Trademark and Copyright Law Updates in Indiana

Indiana Intellectual Property Blog

Tag Archives: Satellite and Cable Piracy

Burlington Pizza Shop sued over Piracy of UFC Fight

25 Thursday May 2023

Posted by Kenan Farrell in Copyright, Indiana, Intellectual Property, Litigation, Northern District of Indiana

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Copyright Infringement, Satellite and Cable Piracy

A Burlington, Indiana pizza shop has been sued in the Northern District of Indiana over the alleged piracy of a UFC fight. The defendants are alleged to have aired a Conor McGregor UFC fight in their pizza shop in January 2020 without the proper license. The Complaint (below) details a common scheme by which commercial locations purchase a cheaper individual license not intended for public commercial use rather than the more expensive commercial license. However, if the defendants had any type of license for the McGregor fight, I would also expect the Complaint to include some “breach of contract” claims, which it is lacking.

The Complaint does not mention when the plaintiff became aware of the alleged infringement, which is important because there is a 3-year statute of limitations for copyright infringement. The alleged infringement occurred over 3 years ago, but it’s not apparent when the plaintiff discovered the infringement. The statute of limitations for Satellite and Cable Piracy is even shorter, just 2 years in Indiana. If the Burlington restaurant doesn’t know already (via a “cease and desist” letter or subsequent communications), I’d expect the “discovery of infringement” date to be one of the first inquiries by the defendants should the lawsuit proceed to the discovery phase.

The trend for these types of cases is to see no defense thus leading to an eventual default judgment amount far greater than the cost of any UFC fight commercial license. Restaurants have no incentive to drag out the proceedings, unless they actually did not show the fight in question.

Stay tuned to this blog to find out if the Burlington pizza shop decides to put up a legal defense.

Joe Hand Promotions, Inc. v. LNH, LLC d/b/a Burlington Pizza/The Barn

Court Case Number: 2:23-cv-00177
File Date: May 24, 2023
Plaintiff: Joe Hand Promotions, Inc.
Plaintiff Counsel: Ryan R. Janis, Esq. of Jekielek & Janis
Defendant: LNH, LLC d/b/a Burlington Pizza/The Barn, Neal D. Harmon, Loriann Harmon
Cause: Satellite and Cable Piracy, Copyright Infringement
Court: Northern District of Indiana
Judge:
Referred To:

Complaint:

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Indianapolis Mexican Restaurant sued for Piracy over 2018 Alvarez v. Fielding Boxing Match

16 Thursday Dec 2021

Posted by Kenan Farrell in Copyright, Indiana, Indianapolis, Intellectual Property, Litigation, Southern District of Indiana

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Federal Copyright Infringement, Mario Garcia, Satellite and Cable Piracy, Tanya Walton Pratt

Here’s more support for a copyright small claims court. Indianapolis-based Mexican restaurant La Jalisco is being sued for copyright infringement and piracy after allegedly showing (without authorization, obviously) a Canelo Alvarez vs. Rocky Fielding boxing match in their west-side restaurant on December 15, 2018.

For non-boxing fans, Alvarez is currently ESPN.com’s #1 “Pound-for-Pound” boxer (for comparison, the legendary “Gypsy King” Tyson Fury ranks #5). So, while 3 years ago, it was a big Saturday night fight.

Consider what a restaurant has to pay to properly show a fight. A few hundred dollars at most, probably closer to one hundred, and definitely less than the $600 filing fee for a federal lawsuit. Certainly less than the $150,000 statutory damages sought by the plaintiff. The Complaint (below) doesn’t reference any settlement communications between the parties, but you have to think that the defendants were given an opportunity to settle by paying a reasonable license fee at one point.

On the other hand, if La Jalisco didn’t show the fight, they didn’t show the fight. There are usually two sides to every story, so stay tuned for the Defendants’ response.

Innovative Sports Management Inc. v. La Jalisco LLP

Case Number: 1:21-cv-03040-TWP-MG
File Date: Wednesday, December 15, 2021
Plaintiff: Innovative Sports Management Inc., d/b/a Integrated Sports Media
Plaintiff Counsel: Ryan R. Janis of Jekielek & Janis LLP
Defendant: La Jalisco LLP d/b/a Taqueria Jalisco a/k/a Jalisco Restaurant Bar, Joan Brito, Victoria A. Morales
Cause: Satellite and Cable Piracy, Copyright Infringement
Court: Southern District of Indiana
Judge: Tanya Walton Pratt
Referred To: Mario Garcia

Complaint:

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