This case was last updated from U.S. District Courts on 12/18/2021 at 10:37:15 (UTC).

Cleveland Constantine Browne et al v. Rodriguez Lopez-Cepero et al

Case Summary

On October 19, 2021, Cleveland Constantine Browne, Anika Johnson, and Steely & Clevie Productions Ltd. (collectively, “Plaintiffs”), represented by Scott A. Burroughs of Doniger Burroughs, filed an intellectual property lawsuit against Luis Alfonso Rodríguez López-Cepero p/k/a Luis Fonsi (“Luis Fonsi”), Mauricio Rengifo p/k/a El Dandee (“El Dandee”) et al (collectively, “Defendants”), seeking injunctive relief, statutory damages, pre-judgment interest, costs, and other relief for alleged direct, vicarious, and contributory copyright infringement owned by Plaintiffs. This case was filed in the United States District Court in the Central District of California.

 

This case involves the alleged repeated infringement of Plaintiffs’ copyrights in the Fish Market song by international recording artist Luis Fonsi and his assorted record labels, producers, publishers, co-writers and other co-creators. Defendants’ wrongful copying and/or exploitation of Plaintiffs’ copyrighted material has also allowed for further infringement abroad. 

 

In the complaint, Plaintiffs alleged that, “Defendants, and each of them, infringed Plaintiffs’ rights in Fish Market by sampling the recording Fish Market and/or the “Pounder” riddim and reproducing such sample in one or all of the Infringing Works without Plaintiffs’ authorization or consent. Alternatively, Defendants, and each of them, infringed Plaintiffs’ rights in Fish Market by making a direct copy of the composition of Fish Market and using that copy in one or all of the Infringing Works without Plaintiffs’ authorization or consent.”

 

Plaintiffs also alleged that, “Plaintiffs are informed and believe and now allege that Defendants knowingly induced, participated in, aided and abetted in and profited from the illegal reproduction, distribution, and publication of one or all of the Infringing Works as alleged above. Specifically, the producers (including Universal) underwrote, facilitated, and participated in Luis Fonsi’s illegal copying during the creation of the Infringing Works, and each of them, realized profits through their respective obtainment, distribution, and publication of the Infringing Works.”

 

Further, Plaintiffs alleged that, “Plaintiffs are informed and believe and now allege that Defendants, and each of them, are vicariously liable for the infringement alleged herein because they had the right and ability to supervise the infringing conduct and because they had a direct financial interest in the infringing conduct. Specifically, each Defendant involved in the infringement had the ability to oversee the publication and distribution of one or more of the Infringing Works. And, Defendants, and each of them, realized profits through their respective obtainment, distribution, and publication of one or more of the Infringing Works.”

 

There are three claims for relief laid down by Plaintiffs for the alleged direct and vicarious copyright infringement.

 

In the prayer for relief, Plaintiffs have requested the court to pass an award of permanent injunctive relief and profits plus all losses of Plaintiff, along with any other monetary advantage, including statutory damages and attorneys’ fees as available under 17 U.S.C. § 505 with pre-judgment interest. Further, Plaintiffs requested the court for costs and further relief as the court may deem just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-08295

  • Filing Date:

    10/19/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Copyright

Judge Details

Presiding Judge

Andre Birotte Jr

Referral Judge

Charles F. Eick

 

Party Details

Plaintiffs

Cleveland Constantine Browne

Anika Johnson

Steely & Clevie Productions Ltd.

Defendants

Luis Alfonso Rodriguez Lopez-Cepero

Mauricio Rengifo

Andres Torres

Michael Anthony Torres Monge

Juan Carlos Ozuna Rosado

Erika Maria Ender Simoes

Ramon Luis Ayala Rodriguez

Oladayo Olatunji

Stephanie Victoria Allen

Nick Rivera Caminero

Sebastian Obando Giraldo

Pablo Arevalo Llano

Carlos Efren Reyes Rosado

Raul Alejandro Ocasio Ruiz

Universal Music Latin Entertainment

Sony Music Entertainment

Sony/Atv Music Publishing

5 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

Scott A. Burroughs

Attorney at Doniger Burroughs

603 Rose Avenue

Venice, CA 90291

David Shein

Attorney at Doniger Burroughs

603 Rose Avenue

Venice, CA 90291

Frank Trechsel

Attorney at Doniger Burroughs

603 Rose Avenue

Venice, CA 90291

Other Attorneys

Michael J Niborski

Attorney at Pryor Cashman LLP

1801 Century Park East 24Th Floor

Los Angeles, CA 90067-2302

Benjamin S. Akley

Attorney at Pryor Cashman LLP

1801 Century Park East 24Th Floor

Los Angeles, CA 90067-2302

James G Sammataro

Attorney at Pryor Cashman LLP

1801 Century Park East 24Th Floor

Los Angeles, CA 90067

 

Court Documents

#1

#2

3 #3

Main Document

3 #1

Supplement CV-30 - Attachment #1

#4

#5

#6

(#6) NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Charles F. Eick. (et) (Entered: 10/20/2021)

#7

(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 10/20/2021)

#8

(#8) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) (Entered: 10/20/2021)

#9

(#9) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Stephanie Victoria Allen, Pablo Arevalo Llano, Ramon Luis Ayala Rodriguez, Erika Maria Ender Simoes, Sebastian Obando Giraldo, Kobalt Music Publishing Limited, Raul Alejandro Ocasio Ruiz, Oladayo Olatunji, Juan Carlos Ozuna Rosado, Mauricio Rengifo, Carlos Efren Reyes Rosado, Nick Rivera Caminero, Luis Alfonso Rodriguez Lopez-Cepero, Sony ATV Music Publishing, Sony Music Entertainment, Andres Torres, Michael Anthony Torres Monge, Universal Music Latin Entertainment, Universal Music Publishing, Inc., Warner Chappell Music, Inc., Warner Chappell Overseas Holdings Limited. (et) (Entered: 10/20/2021)

#10

(#10) STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) (Entered: 10/21/2021)

#11

(#11) PROOF OF SERVICE Executed by Plaintiff Anika Johnson, Cleveland Constantine Browne, Steely and Clevie Productions Ltd., upon Defendant Sony Music Entertainment served on 12/8/2021, answer due 12/29/2021. Service of the Summons and Complaint were executed upon Corporation Service Company c/o Lynanne Gares\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Burroughs, Scott) (Entered: 12/08/2021)

#12

(#12) PROOF OF SERVICE Executed by Plaintiff Anika Johnson, Cleveland Constantine Browne, Steely and Clevie Productions Ltd., upon Defendant Universal Music Publishing, Inc. served on 12/8/2021, answer due 12/29/2021. Service of the Summons and Complaint were executed upon CT Corporation System c/o Jessie Gastelum - Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Burroughs, Scott) (Entered: 12/10/2021)

2 More Documents Available
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Docket Entries

  • 12/16/2021
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  • Docket(#14) STIPULATION for Extension of Time to File Answer to February 4, 2022 re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Universal Music Publishing, Inc.. (Attachments: #1 Declaration of Michael J Niborski, #2 Proposed Order)(Attorney Benjamin S. Akley added to party Universal Music Publishing, Inc.(pty:dft))(Akley, Benjamin) (Entered: 12/16/2021)

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  • 12/13/2021
  • Docket(#13) PROOF OF SERVICE Executed by Plaintiff Anika Johnson, Cleveland Constantine Browne, Steely and Clevie Productions Ltd., upon Defendant Warner Chappell Music, Inc. served on 12/13/2021, answer due 1/3/2022. Service of the Summons and Complaint were executed upon The Corporation Trust Company c/o Amy McLaren\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Burroughs, Scott) (Entered: 12/13/2021)

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  • 12/10/2021
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  • Docket(#12) PROOF OF SERVICE Executed by Plaintiff Anika Johnson, Cleveland Constantine Browne, Steely and Clevie Productions Ltd., upon Defendant Universal Music Publishing, Inc. served on 12/8/2021, answer due 12/29/2021. Service of the Summons and Complaint were executed upon CT Corporation System c/o Jessie Gastelum - Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Burroughs, Scott) (Entered: 12/10/2021)

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  • 12/08/2021
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  • Docket(#11) PROOF OF SERVICE Executed by Plaintiff Anika Johnson, Cleveland Constantine Browne, Steely and Clevie Productions Ltd., upon Defendant Sony Music Entertainment served on 12/8/2021, answer due 12/29/2021. Service of the Summons and Complaint were executed upon Corporation Service Company c/o Lynanne Gares\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Burroughs, Scott) (Entered: 12/08/2021)

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  • 10/21/2021
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  • Docket(#10) STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) (Entered: 10/21/2021)

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  • 10/20/2021
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  • Docket(#9) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Stephanie Victoria Allen, Pablo Arevalo Llano, Ramon Luis Ayala Rodriguez, Erika Maria Ender Simoes, Sebastian Obando Giraldo, Kobalt Music Publishing Limited, Raul Alejandro Ocasio Ruiz, Oladayo Olatunji, Juan Carlos Ozuna Rosado, Mauricio Rengifo, Carlos Efren Reyes Rosado, Nick Rivera Caminero, Luis Alfonso Rodriguez Lopez-Cepero, Sony ATV Music Publishing, Sony Music Entertainment, Andres Torres, Michael Anthony Torres Monge, Universal Music Latin Entertainment, Universal Music Publishing, Inc., Warner Chappell Music, Inc., Warner Chappell Overseas Holdings Limited. (et) (Entered: 10/20/2021)

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  • 10/20/2021
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  • Docket(#8) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) (Entered: 10/20/2021)

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  • 10/20/2021
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  • Docket(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 10/20/2021)

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  • 10/20/2021
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  • Docket(#6) NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Charles F. Eick. (et) (Entered: 10/20/2021)

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  • 10/19/2021
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  • Docket(#5) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiffs Cleveland Constantine Browne, Anika Johnson, Steely & Clevie Productions Ltd.. (Burroughs, Scott) (Entered: 10/19/2021)

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  • 10/19/2021
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  • Docket(#4) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Cleveland Constantine Browne, Anika Johnson, Steely & Clevie Productions Ltd.. (Burroughs, Scott) (Entered: 10/19/2021)

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  • 10/19/2021
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  • Docket(#3) NOTICE of Interested Parties filed by Plaintiffs Cleveland Constantine Browne, Anika Johnson, Steely & Clevie Productions Ltd., (Attachments: #1 Supplement CV-30 - Attachment #1)(Burroughs, Scott) (Entered: 10/19/2021)

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  • 10/19/2021
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  • Docket(#2) CIVIL COVER SHEET filed by Plaintiffs Cleveland Constantine Browne, Anika Johnson, Steely & Clevie Productions Ltd.. (Burroughs, Scott) (Entered: 10/19/2021)

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  • 10/19/2021
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  • Docket(#1) COMPLAINT Receipt No: ACACDC-32181309 - Fee: $402, filed by Plaintiff Anika Johnson, Cleveland Constantine Browne, Steely & Clevie Productions Ltd.. (Attorney Scott A. Burroughs added to party Cleveland Constantine Browne(pty:pla), Attorney Scott A. Burroughs added to party Anika Johnson(pty:pla), Attorney Scott A. Burroughs added to party Steely & Clevie Productions Ltd.(pty:pla))(Burroughs, Scott) (Entered: 10/19/2021)

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