Plaintiff Integrated Sports Media has filed a complaint against Nestor Eduardo Manrique, d/b/a Pisco Sour Market. The plaintiff said the defendant violated the Cable Communications Act through an unlawful “interception, receipt, and publication of Plaintiff’s Program.”
Specifically, Innovative Sports Media “was grated the exclusive nationwide commercial distribution (closed-circuit) rights to Peru v. Costa Rica, telecast nationwide on Wednesday, June 5, 2019.” This includes all components of the Program. Plaintiff Integrated Sports Media sublicensed this Program to various entities to “publicly exhibit the Program within their respective commercial establishments.” Thus, only an established that sublicensed from the plaintiff was allowed to display this programming. Integrated Sports Media states that on Wednesday, June 5, 2019, the defendant “unlawfully intercepted, received, and published the Program at Pisco Sour Market.” Since Manrique was directly responsible for Pisco Sour Market and its employees, the plaintiff argues that he is responsible for these actions as well. Further, the plaintiff stated that the defendant advertised on Facebook that the Pisco Sour Market would be playing that Program on June 5. Integrated Sports Media also states that it “expended substantial monies marketing, advertising, promoting, administering, and transmitting the Program to its customers.” The plaintiff argued that the defendant did not obtain a sublicense to lawfully publicly display the Program. As a result, Innovative Sports Media argues that the defendant violated the Cable Communications Act.
Integrated Sports Media stated that it “[t]he Program originated via satellite uplink and was subsequently re-transmitted to cable systems and satellite companies to Plaintiff’s sub-licensees.” However, the plaintiff states that “Defendant intercepted, received and published the Program at Pisco Sour Market [and that the]…Defendant also divulged and published said communication, or assisted in divulging and publishing said communication to patrons within Pisco Sour Market” in violation of Integrated Sport Media’s rights and federal law. The plaintiff adds that the defendant had “full knowledge that the Program was not to be intercepted, received, published, divulged, displayed, and/or exhibited by commercial entities unauthorized to do so.” Integrated Sports Media alleges that as a result of the defendant’s conduct, the defendant has had a “direct and/or indirect commercial advantage and/or private financial gain.” Plaintiff also states that the defendant wrongfully converted the Program for their benefit. Integrated Sports Media claims that the defendant’s conduct was done “wantonly, recklessly, and without regard whatsoever for the intellectual property rights of the Plaintiff.” Integrated Sports Media argues that the defendant should have obtained a license to display the program at Pisco Sour Market.
The defendant is accused of violating various sections of the Cable Communications Act, the California Business and Professions Code, and conversion. The plaintiff has sought an award for statutory, compensatory, exemplary and punitive damages; restitution; declaratory judgment; injunctive relief; an award for attorney’s cost and fees; and other relief as determined by the court.
The suit is filed in the Central District of California. Plaintiff is represented by the Law Offices of Thomas P. Riley, P.C.