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Intellectual Property
Copyright Infringement

Tony DiDio, an individual; TBM III Movie, LLC; TBM III Productions, LLC; Aquarius Films, LLP v. Dean Jones, an individual; PFG Entertainment Inc.; Atlantic & Pacific Pictures, LLC; and Does 1 through 50, Inclusive

Published: Dec. 29, 2017 | Result Date: Jan. 27, 2017 |

Case number: 2:13-cv-04949 Verdict –  $460,000

Judge

Philip S. Gutierrez

Court

CD CA


Attorneys

Plaintiff

Stephen M. Doniger
(Doniger Burroughs APC)

David R. Shein
(Doniger Burroughs APC)


Defendant

Ronald K. Sittler
(Sittler Law Group) for PFG Entertainment Inc., Ted Rosenblatt


Facts

A film producer learned that another movie company utilized footage previously created by the producer for its own derivative film production.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiffs claimed the defendants owed plaintiffs $1 million in damages for losses when the defendants used the plaintiffs' footage for their own movie. Plaintiffs claimed defendants falsely stated that they owned the film featuring the plaintiffs' footage.

DEFENDANTS' CONTENTIONS: Defendants disagreed with any damages amounts claimed by the plaintiffs. Some defendants denied knowing the film contained any infringing footage.

Result

At arbitration, it was found that the plaintiffs owned the copyrights to their footage, and that the defendants were liable for infringement. As part of the damages phase, a jury found that $460,000 was owed to the plaintiffs in the aggregate.


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