John Stagliano Inc., Gilbert Grosso, Giacinto Fusco, Kathleen Nuzzo, Jon Rutkowski, Joseph Nassivera, Carlton Shurman, Michelle Kelly v. Direct Distributions Inc., Bling Bunks Inc.
Published: Oct. 18, 2014 | Result Date: Jan. 6, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:12-cv-05565-PSG-FFM Bench Decision – $243,000
Court
USDC Central
Attorneys
Plaintiff
D. Gill Sperlein
(Randazza Legal Group)
Defendant
Sean E. Macias
(Macias Counsel Inc.)
Facts
John Stagliano Inc., Gilbert Grosso, Giacinto Fusco, Kathleen Nuzzo, Jon Rutkowski, Joseph Nassivera, Carlton Shurman, and Michelle Kelly filed an infringement action against Direct Distributions Inc. and Bling Bunks Inc.
Contentions
PLAINTIFFS' CONTENTIONS:
John Stagliano Inc. doing business as Evil Angel produced, marketed, and otherwise distributed adult entertainment products that can be viewed over the Internet for a fee. The other plaintiffs were directors of erotica, and were otherwise engaged in the same business as Evil Angel. Meanwhile, Bling Bucks was the registered owner of the Internet domain name "Pornstar.com," and Direct Distribution did business as "Mallcom.com." Both defendants held ownership and operational interests in Pornstar.com.
Plaintiffs contended that Evil Angel was recognized throughout the industry as one of the highest quality producers of erotica. John Stagliano also acted as producer and distributor for a number of erotic film directors, including the individual plaintiffs. In addition, John Stagliano held an exclusive right to distribute their works.
Plaintiffs contended that defendants, through the Pornstar.com website, charged customers a flat fee that allowed customers to view any movie available on its website, including plaintiffs' even though the customers no longer paid the monthly subscription fee under an "unlimited consumption sales model." Plaintiffs contended that such practice violated their intellectual rights to those works.
Result
The parties entered into a stipulated judgment, whereby defendants agreed to be jointly and severally liable for $243,000, in favor of plaintiffs.
Other Information
FILING DATE: June 26, 2012.
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