According to the allegations in the complaint, "Defendant also offers Internet users the opportunity to purchase a subscription for all of the events 'streamed' on the website for a fee of $11.99 per month."
Zuffa alleges, upon information and belief, that "Defendant’s Website has previously offered unauthorized 'live streaming' video of Copyrighted Broadcasts, including, but not limited to, UFC 113, which took place on May 8, 2010, UFC 117, which just occurred on August 7, 2010, for a fee of $6.99." Zuffa further alleges as follows:
Based upon Defendant’s history of offering 'live streaming' of Plaintiff’s past events, as well as those of other MMA providers, Plaintiff is informed and believes that Defendant’s Website will similarly offer an unauthorized 'live streaming' video of UFC 118 on August 28, 2010, the date of the event. Plaintiff is informed and believes that Defendant will sell 'live streaming' of UFC 118 for a fee ranging from $6.50 - $6.99. The lowest retail price for which a member of the general public can order the authorized live broadcast of UFC 118 is $44.95. Upon information and belief, the 'live streaming' video of Copyrighted Broadcasts displayed on Defendant’s Website were uploaded or posted by Defendant or Defendant’s agents or employees.Zuffa also alleges that Defendant has made "unauthorized widespread use of the UFC® Marks on the website, including, but not limited to, reproducing and displaying a copy of Plaintiff’s advertisement for UFC 118" and that Defendant "uses the UFC® Marks in hidden text located in metatags," which are "self-selected key words embedded in the source code of a website that are 'invisible' to the web user but which are 'visible' to search engines."
Zuffa asserts claims for: (1) Infringement Under the Copyright Act and Digital Millennium Copyright Act, 17 U.S.C. §§ 102(a)(6), 106(4) and 501"; (2) Contributory Copyright Infringement; (3) Vicarious Copyright Infringement; (4) Trademark Infringement under 15 U.S.C. § 1114; (5) Unfair Competition under 15 U.S.C. § 1125(a); (6) Trademark Dilution under 15 U.S.C. § 1125(c); (7) Common Law Trademark Infringement; (8) Deceptive Trade Practices under N.R.S. § 598.0903, et seq.; and (9) Intentional Interference with Prospective Economic Advantage.
In its prayer for relief, Zuffa seeks, inter alia, (1) a "temporary restraining order, preliminary and permanent injunction preventing Defendant’s agents, servants, employees and/or all persons acting in concert or participation with Defendant from copying, manipulating, adapting, reproducing, uploading, distributing, sharing, selling or displaying any of Plaintiff’s Copyrighted Broadcasts"; (2) "statutory damages of up to $150,000 per infringement, or, in the alternative, all actual damages suffered by Plaintiff and all profit earned by Defendant attributable to the infringements"; (3) "its full costs in litigating this matter, including reasonable attorneys’ fees; (4) "a constructive trust for the benefit of Plaintiff on all revenue generated by Defendant from the infringement of the Copyrighted Broadcasts, or any substantially similar products, and from Defendant’s other tortious conduct."
I have not yet seen Zuffa's papers in support of its application for a TRO, but given that UFC 118 is this weekend, a TRO application would likely be heard by the court very soon. One thing to note, as alleged, Zuffa is informed and believes that "Johnny Tike is an individual residing in Jamaica, New York."
Fight Lawyer
