On June 3, 2022, Broadcast Music, Inc. (“BMI”), Songs of Universal Inc., Benny Bird Company, Inc., Conducive Music, Embassy Music Corporation, EMI Consortium Songs Inc., Bocephus Music, Inc., Velvet Apple Music, Contessa Publishing LLC, E.O. Smith Music and others (collectively, “Plaintiffs”), represented by Robert E. Chudakoff of Ulmer & Berne LLP - Cleveland, filed an intellectual property lawsuit against Del Rancho, LLC d/b/a El Cowboy Tex Mex Grill & Saloon and Mary Ann Gross, Luis Zambrano and Luis Flores, each individually, (collectively, “Defendants”), seeking injunctive relief with damages for alleged willful copyright infringement. This case was filed in the U.S. District Court for the Northern District of Ohio with Judge Benita Y. Pearson presiding.
In the complaint, Plaintiffs alleged that “since September 2018, BMI has reached out to Defendants over fifty (50) times, by phone, mail and email, in an effort to educate Defendants as to their obligations under the Copyright Act with respect to the necessity of purchasing a license for the public performance of musical compositions in the BMI Repertoire. Included in the letters were Cease and Desist Notices, providing Defendants with formal notice that they must immediately cease all use of BMI-licensed music in the Establishment.”
In the complaint, “Plaintiffs allege ten (10) claims of willful copyright infringement, based upon Defendants’ unauthorized public performance of musical compositions from the BMI Repertoire. All of the claims for copyright infringement joined in this Complaint are governed by the same legal rules and involve similar facts. Joinder of these claims will promote the convenient administration of justice and will avoid a multiplicity of separate, similar actions against Defendants.”
Plaintiffs also alleged that “the specific acts of copyright infringement alleged in the Complaint, as well as Defendants’ entire course of conduct, have caused and are causing Plaintiffs great and incalculable damage. By continuing to provide unauthorized public performances of works in the BMI Repertoire at the Establishment, Defendants threaten to continue committing copyright infringement. Unless this Court restrains Defendants from committing further acts of copyright infringement, Plaintiffs will suffer irreparable injury for which they have no adequate remedy at law.”
Plaintiffs presented one claim for relief alleging copyright infringement: “that Defendants publicly performed and/or caused to be publicly performed at the establishment the musical composition identified on line 2 by the plaintiffs in the schedule attached with the complaint, without a license or permission to do so.”
In the prayer for relief, Plaintiffs requested damages and injunctive relief.
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Pending - Other Pending
Intellectual Property - Copyright
Benita Y. Pearson
Broadcast Music, Inc.
Songs of Universal, Inc.
Benny Bird Company, Inc.
Spirit One Music
Embassy Music Corporation
EMI Consortium Songs, Inc. doing business as EMI Longitude Music
Bocephus Music, Inc.
Velvet Apple Music
House of Bryant Publications, LLC
Contessa Publishing, LLC doing business as Rosasharn Music
E.O. Smith Music
Hip City Music Inc.
Del Rancho, LLC doing business as El Cowboy Tex Mex Grill & Saloon
Mary Ann Gross
Robert E. Chudakoff
Attorney at Ulmer & Berne - Cleveland
1100 Skylight Office Tower, 1660 West Second Street
Cleveland, OH 44113
Exhibit 1 - Song Schedule
Civil Cover Sheet
Summons to Del Rancho, LLC
Summons to Mary Ann Gross
Summons to Luis Zambrano
Summons to Luis Flores
(#2) Report on the Filing of an Action Regarding a Copyright (AO121) filed by All Plaintiffs. (Chudakoff, Robert) (Entered: 06/03/2022)
(#3) Corporate Disclosure Statement filed by All Plaintiffs. (Chudakoff, Robert) (Entered: 06/03/2022)
Magistrate Consent Form
Docket(#4) Original Summons and Magistrate Consent Form issued to counsel for service upon Del Rancho, LLC., Luis Flores, Mary Ann Gross, and Luis Zambrano. (Attachments: #1 Magistrate Consent Form) (G,M) (Entered: 06/03/2022)Read MoreRead Less
DocketRandom Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Carmen E. Henderson. (G,M) (Entered: 06/03/2022)Read MoreRead Less
DocketJudge Benita Y. Pearson assigned to case. (G,M) (Entered: 06/03/2022)Read MoreRead Less
Docket(#3) Corporate Disclosure Statement filed by All Plaintiffs. (Chudakoff, Robert) (Entered: 06/03/2022)Read MoreRead Less
Docket(#2) Report on the Filing of an Action Regarding a Copyright (AO121) filed by All Plaintiffs. (Chudakoff, Robert) (Entered: 06/03/2022)Read MoreRead Less
Docket(#1) Complaint against Del Rancho, LLC, Luis Flores, Mary Ann Gross, Luis Zambrano. Filing fee paid $ 402, Receipt number AOHNDC-11454069. Plaintiff has indicated that case may be a refiling of terminated case 4:20-cv-00323. Filed by E.O. Smith Music, Velvet Apple Music, Hip City Music Inc., Broadcast Music, Inc., House of Bryant Publications, LLC, Bocephus Music, Inc., EMI Consortium Songs, Inc., Hifrost Publishing, Conducive Music, Embassy Music Corporation, Benny Bird Company, Inc., Songs of Universal, Inc., Contessa Publishing, LLC, Spirit One Music. (Attachments: #1 Exhibit 1 - Song Schedule, #2 Civil Cover Sheet, #3 Summons to Del Rancho, LLC, #4 Summons to Mary Ann Gross, #5 Summons to Luis Zambrano, #6 Summons to Luis Flores) (Chudakoff, Robert) (Entered: 06/03/2022)Read MoreRead Less
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