Some weeks after a batch of its Oregon state trademark lawsuits arising from Dallas Buyers Club were dismissed for improper joinder, Voltage has returned to the U.S. District Court in Oregon with at least two “singleton” lawsuits against Doe parties. This time the cases are based on The Company You Keep, a 2012 political
BitTorrent Lawsuits
D.C. Circuit Court Rules Against “Swarm Joinder”
Troll Defense has just learned, courtesy of Ray Beckerman, that the Court of Appeals for the District of Columbia Circuit has ruled that the joinder of many different “John Doe” parties into a single action, for purposes of obtaining early discovery of the Does’ identities, is improper when the only basis for joinder is…
Oregon Dallas Buyers Club Lawsuits Removed to Federal Court
Just last Friday, the two Voltage Pictures, LLC Oregon State Trademark lawsuits pending in the Circuit Court for Marion County, Oregon were removed to the U.S. District Court for the District of Oregon. These cases involve the motion picture Dallas Buyers Club.
The new District Court Case Nos. are 6:14-cv-00812-MC (which relates to the …
More Voltage-related BitTorrent Actions in Colorado
A new BitTorrent lawsuit involving the award-winning Dallas Buyers Club film was filed yesterday in the U.S. District Court in Colorado. The complaint sets forth now-standard allegations of copyright infringement via BitTorrent usage against 20 anonymous “Doe” parties. Unlike the Marion County, Oregon state court trademark actions involving the same film that were previously reported…
Dallas Buyers Club Lawsuits in the Oregon State Courts: UPDATED
We have completed review of the Voltage Pictures, LLC lawsuits filed in Marion County, Oregon in connection with Dallas Buyers Club.
Instead of suing for copyright infringement, conversion or negligence, Voltage has stated claims against the many Does for violations of the Oregon Trademark Act, ORS 647. As with trademarks protected by the federal Lanham…
Dallas Buyers Club Lawsuits in the Oregon State Courts
The owners of rights to the award-winning Dallas Buyers Club film have resorted to filings in the state courts of Oregon naming scores of unidentified internet users.
As was reported over the last few months, an entity known as “Dallas Buyer’s Club, LLC” had begun a series of Bittorrent copyright infringement lawsuits in the federal…
"The Power of The Few" Lawsuits Filed Against Many In Colorado, Louisiana
With one of the more ironic titles to be injected into a standard Bittorrent copyright lawsuit, the owner of rights to the 2013 film “The Power of the Few” is wielding the powerful threat of massive statutory damages against, well, more than a few Does.
The Power of the Few, LLC has filed several lawsuits in U.S. District Courts in Colorado and Louisiana over its work, which has been described by The Hollywood Reporter as “[t]he latest Pulp Fiction wannabe.” It features Christopher Walken, Christian Slater, and others in an ensemble cast of characters facing various challenges on the streets of New Orleans (where, it turns out, at least one of the lawsuits have been filed).
The Louisiana suit was filed by New Orleans attorney Alexa R. Stabler of AdamsIP, LLC, while the Colorado suits were lodged by Scott T. Kannady of Denver. Case listings with links to the complaints are below.
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Killer Joe Torrent Suits: Going "Southern Gothic" In Ohio
“Killer Joe” is a 2011 “Southern Gothic” black comedy film starring Matthew McConaughey in a murder-for-insurance-money plot. It also enjoyed a ratings controversy as it garnered an NC-17 rating for bloody, sadistic violence. The owners of the film are now trying their hand with a substantial batch of Bittorrent suits in Ohio.
The Complaint lists Killer Joe Nevada LLC as the “RIGHTSHOLDER”, but other sources show that veteran Bittorrent copyright lawsuit troll Voltage Pictures, LLC–of “Hurt Locker” fame and “The Expendables” infamy was involved in the production, and this may explain the copyright litigation connection.
The Complaint I was provided was filed by Columbus, Ohio attorney Yousef M. Faroniya. Watch out for ISP letters to issue from Cox, Frontier and others over the next few months.
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Wave of Torrent Litigation Crashes on the Pacific Northwest: UPDATE
We just learned that Judge Robert S. Lasnik, who is managing all of Richard Symmes’ dozens of Bittorrent copyright actions filed in the U.S. District Court for the Western District of Washington, has on his own initiative entered several orders quashing pending subpoenas, imposing a stay, and ordering the plaintiffs in these cases to “show…
Malibu Media pursuing Singleton Doe Actions In Wisconsin and Michigan
Veteran porno-troll Malibu Media, LLC has filed a batch of single-“Doe” Bittorrent copyright infringement actions in the U.S. District Court for the Western District of Wisconsin and the U.S. District Court for the Western District of Wisconsin.
Some readers might remember Malibu Media as the target of a 2012 class-action lawsuit, along with other pornographers that were part of the Miami-based Lipscomb Eisenberg law firm stable.
The new singleton Doe actions each focus on a specific ISP service subscriber identified by his or her IP address. As this sample Complaint filed by attorney Mary K. Schultz, Esq. shows, the “works” in the suit are apparently short-form porn videos with relatively innocuous titles (at least by this industry’s standards) such as “Morning Desires,” “Foot Fetish,” “Slow Motion,” “Late for Work,” and “Teenage Dream.”
In an unusual turn, the Complaint also attaches an “Exculpatory Evidence Request” seeking a host of information about the subscriber and users of the relevant IP address or ISP account. The Complaint explains this Request as follows:
As the subscriber in control of the IP address being used to distribute Plaintiff’s copyrighted movies, Defendant is the most likely infringer. Consequently, Plaintiff hereby alleges Defendant is the infringer. Plaintiff has included as Exhibit D a solicitation of exculpatory evidence in the event that Defendant chooses to deny the allegations.
This is apparently intended to assure the court that Malibu Media will make some attempt to identify the actual infringer if the ISP subscriber personally denies infringement as alleged.
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