Integrated Sports Media, a sports marketing and media agency, filed a complaint against Apricode KDS, Corp. d/b/a The Nickel Mine for violating the Cable Communications Act, specifically for the “unlawful interception, receipt, and publication of Plaintiff’s Program” on The Nickel Mine, a bar in California. They alleged that the “unlawful broadcast of Plaintiff’s Program, as supervised and/or authorized by Defendant Artem A. Timofeev [CEO and President of Apricode KDS] resulted in increased profits for The Nickel Mine.”
Integrated Sports Media stated that it was granted the “exclusive nationwide commercial distribution (closed-circuit) rights to the Bellator 221: Michael Cahndler v. Patricio Pitbull event telecast nationwide on Saturday, May 11, 2019.” The company entered sublicensing agreements with third parties, “by which it granted these entities limited sublicensing rights, specifically the rights to publicly exhibit the Program within their respective commercial establishments.” The program could only be shown “in a commercial establishment in California if said establishment was contractually authorized to do so by Plaintiff.”
The program was broadcast via satellite uplink and then re-transmitted to cable and satellite systems. Integrated Sports Media states that “Defendants intercepted, received and published the Program at The Nickel Mine” and “divulged and published said communication or assisted or permitted in divulging and publishing said communications to patrons within The Nickel Mine.” As a result, the plaintiff claims that The Nickel Mine, an unauthorized entity, was publishing and displaying the program without authorization or permission to do so.
Plaintiff has sought an award for damages, an award for costs and fees, injunctive and declaratory relief, and other relief determined by the court.
The suit was filed in the Central District of California. Plaintiff is represented by the Law Office of Thomas P. Riley.
