This case was last updated from PACER on 10/22/2021 at 15:25:41 (UTC).

Babroff and On, Inc v. Meredith Corporation

Case Summary

On October 13, 2021, Babroff and On, Inc (“Plaintiff”), represented by Craig B. Sanders of Sanders Law Group, filed an intellectual property lawsuit against Meredith Corporation (“Defendant”), seeking declaratory and injunctive reliefs along with damages and prejudgement interest, as well as other reliefs, for the alleged infringement of the Plaintiff’s copyright by the Defendant. This case was filed in U.S. District Court in the Central District of California with Judge Maria A. Audero and Judge Mark C. Scarsi presiding.

 

In the complaint, the Plaintiff alleged that, “Plaintiff herein creates photographic images and videos and owns the rights to these images and videos which Plaintiff licenses for various uses including online and print publications” and “Defendant owns and operates a televisions station known as Fox 5 (the “Station”).” The Plaintiff also alleged that, “Defendant, without permission or authorization from Plaintiff actively copied, stored, and/or displayed Plaintiff's Video on the Station and engaged in this misconduct knowingly and in violation of the United States copyright laws.” 

 

The Plaintiff also alleged that, “On September 7, 2020, Plaintiff Ryan Babroff authored a video of a large mass of smoke resulting from a fire in El Dorado County, California (the “Video”)” and “Without permission or authorization from Plaintiff, Defendant volitionally selected, copied, stored and/or displayed Plaintiff’s copyright protected Video” The Plaintiff also alleged that, “Upon information and belief, the Video was copied, stored and displayed without license or permission, thereby infringing on Plaintiff's copyrights” and “Upon information and belief, the Infringements are copies of the critical segments of Plaintiff’s Video that was directly copied and stored by Defendant on their servers.” 

 

The Plaintiff further alleged that, “Upon information and belief, Defendant takes an active and pervasive role in the content on the Station, including, but not limited to copying, posting, selecting, commenting on and/or displaying images including but not limited to Plaintiff's Video” and “Upon information and belief, Defendant engaged in the Infringement knowingly and in violation of applicable United States Copyright Laws.” The Plaintiff also alleged that, “Defendant was aware that Plaintiff had rights in the Video as the Infringement contains the name associated with Plaintiff’s Twitter account where the Video was first published.”

 

There is one claim of relief laid down by the Plaintiff. The first claim is for alleged direct copyright infringement, 17 U.S.C. §501 et seq. 

 

In the prayer for relief, the Plaintiff requested the Court for declaratory and injunctive reliefs along with an award of actual damages and disgorgement of all of Defendant's profits attributable to the infringement as provided by 17 U.S.C. § 504 in an amount to be proven or, in the alternative, at Plaintiff's election and an award for statutory damages against Defendant in an amount up to $150,000.00 for each infringement pursuant to 17 U.S.C. § 504(c), whichever is larger. The Plaintiff also requested the Court for costs of litigation and reasonable attorney's fees along with prejudgement interest and any other relief the Court deems just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-08138

  • Filing Date:

    10/13/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Copyright

Judge Details

Presiding Judge

Mark C. Scarsi

Referral Judge

Maria A. Audero

 

Party Details

Plaintiff

Babroff and On, Inc

Defendant

Meredith Corporation

Attorney/Law Firm Details

Plaintiff Attorney

Craig B Sanders

Attorney at Sanders Law Group

100 Garden City Plaza Suite 500

Garden City, NY 11530

 

Court Documents

1 #1

Main Document

1 #1

Exhibit

1 #2

Exhibit

#2

#3

#4

#5

#6

#7

#8

#9

#10

 

Docket Entries

  • 10/14/2021
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  • Docket(#10) INITIAL STANDING ORDER FOR CIVIL CASES ASSIGNED TO JUDGE MARK C. SCARSI upon filing of the complaint by Judge Mark C. Scarsi. (smo) (Entered: 10/14/2021)

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  • 10/14/2021
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  • Docket(#9) 21 DAY Summons issued re Complaint #1 as to defendant Meredith Corporation. (esa) (Entered: 10/14/2021)

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  • 10/14/2021
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  • Docket(#8) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (esa) (Entered: 10/14/2021)

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  • 10/14/2021
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  • Docket(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 10/14/2021)

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  • 10/14/2021
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  • Docket(#6) NOTICE OF ASSIGNMENT to District Judge Mark C. Scarsi and Magistrate Judge Maria A. Audero. (esa) (Entered: 10/14/2021)

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  • 10/13/2021
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  • Docket(#5) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Babroff and On, Inc. (Sanders, Craig) (Entered: 10/13/2021)

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  • 10/13/2021
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  • Docket(#4) CERTIFICATE of Interested Parties filed by Plaintiff Babroff and On, Inc, identifying Sanders Law Group, Craig B. Sanders, Meredith Corporation. (Sanders, Craig) (Entered: 10/13/2021)

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  • 10/13/2021
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  • Docket(#3) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Babroff and On, Inc. (Sanders, Craig) (Entered: 10/13/2021)

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  • 10/13/2021
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  • Docket(#2) CIVIL COVER SHEET filed by Plaintiff Babroff and On, Inc. (Sanders, Craig) (Entered: 10/13/2021)

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  • 10/13/2021
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  • Docket(#1) COMPLAINT Receipt No: ACACDC-32142788 - Fee: $402, filed by Plaintiff Babroff and On, Inc. (Attachments: #1 Exhibit, #2 Exhibit) (Attorney Craig B Sanders added to party Babroff and On, Inc(pty:pla))(Sanders, Craig) (Entered: 10/13/2021)

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