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Intellectual Property
Copyright Infringement
Broadcast Retransmission

Fox Television Stations Inc., et al v. Filmon X, LLC, et al.

Published: Sep. 21, 2013 | Result Date: Sep. 5, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 1:13-cv-758 Bench Decision –  Preliminary Injunction Granted

Court

USDC Washington, DC


Attorneys

Plaintiff

John C. Ulin

Julie Ann Shepard
(Jenner & Block LLP)

Paul M. Smith II
(Law Offices of Paul M. Smith II)

James S. Blackburn

Murad Hussain

Robert Garrett
(Garrett & Tully)

Amy M. Gallegos

Richard L. Stone
(Jenner & Block LLP)


Defendant

Jaime W. Marquart

Ryan G. Baker
(Waymaker LLP)

Kerry J. Davidson


Facts

Fox Television Stations Inc., along with a group of television programmers and broadcasters, sued FilmOn X LLC alleging copyright violations.

Plaintiffs included ABC, CBS, Fox, and NBC, four of the major national broadcast television networks.

FilmOn X operated free and paid services over the Internet that allowed consumers to watch live over-the-air television channels through their computers or mobile devises. FilmOn X also allowed users to pause live programming or record shows for later viewing.

Plaintiffs filed a motion for preliminary injunction

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs, a group of copyright holders, contended that they have not licensed any of their content to defendants. As such, defendant violated their exclusive right to public performance of copyrighted works. The works included local programs and popular evening television shows.

Result

U.S. District Court Judge Rosemary M. Collyer issued a preliminary injunction order enjoining FilmOn X from streaming or otherwise publicly distributing copyright programming over the Internet or by any means. The judge also required FimOn X to post a $250,000 bond.


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