Boxing Piracy Updates December 2021 - Default Judgments in the 5th Circuit Court (Texas) with G&G Closed Circuit Events - Caution about talking to THEIR ATTORNEYS!!
VIDEO: Click here to watch Attorney Steve® explain potential penalties, fines, and fees for illegal interception of a broadcast signal. We have helped many companies large and small resolve these types of matters including companies like J&J Sports and Joe Hand Promotions. Call us for a free initial consultation at (877) 276-5084 or email us through our contact form. In this niche area of federal law, there is no substitute for experience.
2022 G&G Closed Circuit Events Legal update: G&G is still out pursuing illegal fight broadcast cases against a wide variety of businesses. I wanted to add one important thing to this month's update. DON'T TALK TO THEIR COUNSEL. When G&G suspects you of copyright infringement or illegal TV signal piracy one unique feature of the case will be their Attorney CALLING YOU BY PHONE to discuss and to usually state a demand to settle. The demand can easily be 20-30k range. If you get this call, I would frankly just hang up politely and say "I cannot talk right now." Because what comes after that is potentially asking questions about your business, your capacity (occupation levels), who owns the business, do you sell food and cocktails, beer, wine, liquor, etc. But, even more than that, trying to ascertain your "nervousness level" and let's face it, we can all make inaccurate statements when caught by a surprise phone call. If you receive such a call, politely decline and call us instead. We have helped hundreds of clients with Joe Hand Promotions, J&J Sports Production, and G&G Closed Circuit Events cases.
Did you receive a notice of a lawsuit from the Law Offices of David Diaz, PLLC in Texas? If so, it is important to understand what you are risking by "taking a default" when you are being sued for TV Signal Piracy. Many times we will see legal demands (from the Law Offices of Thomas P. Riley in Pasadena, CA), and demands of $50,000 are not uncommon. All for showing a PPV boxing match without paying the typical commercial licensing fee (ex. 2-3k depending on the size of your establishment, bar, sports club, tattoo parlor, barbershop, cigar lounge, restaurant, or tavern.
Some business owners hear this demand and (many times being out of the orbit as far as being able to afford) may decide to risk NOT answering the complaint and allowing the Plaintiff (whether in California or elsewhere) to "take a default." This can be risky. Here is more information about default judgments.
Here are two JUDGMENTS from the 5th circuit federal court in Texas, which shows you the types of damages that can be applied when you do not answer the complaint, file a motion to dismiss or otherwise respond (which usually means the Plaintiff's attorney will "take your default."
Common settlement factors in an illegal PPV boxing interception case
Here are some things looked at in determining a final settlement amount in a case involving a failure to purchase the proper commercial license:
- How extensive was your advertising (ex. Facebook is a big one - did you run daily ads for a week)?
- What is the occupancy level for your establishment (the more capacity - say 200 or more), the higher settlement amount you can expect to see
- Did your establishment charge drink premiums? Cover charges?
- How were the sales that day (more than usual)?
- Do the owners of the company "have money" (believe me, IP lawyers will look to sue if you or your business is a good candidate for an infringement lawsuit. This, of course, would give them more settlement leverage
- Is this the first time your company has been accused of TV signal piracy? Repeat offenders are deemed to be acting "willful" leading to higher settlements
- Can you establish a case of financial hardship with being a new company, for example, or showing two years of profit and loss statements, tax returns, and six months of bank statements? If so, you may be able to reduce your settlement amount.
- Are there other popular commercial establishments in the area that DID or are the types of business to show the fight? If so, these Boxing PPV companies will "protect their turf" and protect their paying clients. If you are in a very isolated area, this could be better, if you are in a busy city area where there are lots of clubs, sports bars, lounges, restaurants, etc. with sports and TV clientele, this can work against you.
- Are you on the verge of filing for bankruptcy protection?
- Other facts depend upon the case.
Call us for a free initial consultation if you have received a demand letter, notice of infringement, cease and desist letter, summons, complaint, or subpoena. Our Boxing Piracy Hotline is (877) 276-5084.
Here is one case with a $25,000 default judgment
Here is another with an even higher default judgment ($61,000)
Potential defenses when sued by G&G Closed Circuit Events in federal court
If you are sued by G&G Closed Circuit Events in federal court, you may want to consider a few potential defenses. Federal court cases often involve complex laws and procedures, so it is important to speak with an experienced attorney to determine which defenses are available and most appropriate for your situation.
Here are a few potential defenses you may want to discuss with your attorney:
1. Lack of Jurisdiction: If the court does not have jurisdiction, the case can be dismissed. Jurisdiction is determined by whether the parties are in different states and the amount in dispute.
2. Statute of Limitations: If the claim is filed outside of the applicable statute of limitations, the court may not be able to hear the case.
3. Incomplete or Inaccurate Information: If the information provided by G&G Closed Circuit Events is incomplete or inaccurate, the court may not be able to hear the case. A motion to dismiss might need to be considered.
4. Improper Service of Process: If the document was not properly served, the court might not be able to hear the case.
5. Improper Venue: If the case is filed in the wrong court, the court may not be able to hear the case.
6. Broadcast was authorized: The bar, restaurant, or nightclub owner has a paid commercial license.
7. Lack of Evidence: If G&G Closed Circuit Events does not provide sufficient evidence to prove its case, the court may dismiss the case following a motion for judgment on the pleadings or summary judgment motion.
It is important to speak with an experienced attorney to determine which defenses are available and most appropriate for your situation. Understanding the various defenses and their implications will help you make informed decisions about how to proceed with your case and minimize your legal exposure.
Conclusion - Speak with a Boxing TV Signal Piracy (Telecommunications Act) Defense Law Firm
Before you "shred" the lawsuit accusing your company of TV signal piracy or PPV theft, or illegal video streaming, call us to discuss. We have handled hundreds of federal court infringement matters (over 350), including in states such as California, Texas, Arizona, and New York, where we have appeared pro hac vice. In 2021 Unicourt.com identified us as the #1 Copyright Infringement Defense Law Firm in the United States in terms of the number of cases handled. In this complicated area of intellectual property law, there is no substitute for experience,
Call us at (877) 276-5084 or fill out the contact form, and we will contact you.