This case was last updated from U.S. District Courts on 01/18/2022 at 07:52:50 (UTC).

Charming Beats LLC v. Apple, Inc. et al

Case Summary

On November 19, 2021, Charming Beats LLC, (“Plaintiff”), represented by Richard M. Garbarini of Garbarini Fitzgerald P.C., filed an intellectual property lawsuit against Apple, Inc. and Genius Media Group, Inc. (collectively “Defendants”) seeking compensatory and statutory damages along with restitution and pre- and post-judgment interest for the alleged infringement of the United States Copyright owned by Plaintiff. This case was filed in the U.S District Court in the Eastern District of New York.

 

In the complaint Plaintiff alleged that, “Defendant APPLE’s product Apple Music is a music and video streaming service Defendant APPLE’s Apple Music streaming service claims it has a library of This matter involves an infringing derivative of the Copyrighted Track titled component which is an unlicensed reproduction of the Copyrighted Track, and lyrics performed The Copyrighted Track runs from the beginning to the end of the First Infringing Over 38% of the First Infringing Derivative is just the First Copyrighted Track Defendant MEDIALAB owns and operates the brand Genius Media, which is an Defendant MEDIALAB purchased Genius Media for a reported eighty million Genius Media provides the lyrics for millions of songs.” 

 

Plaintiff further alleged that, “The two major revenue streams for Genius Media are from: (i) the advertising on defendant APPLE, for a substantial fee, to place below the lyrics for each song on the the user to play the first 30 seconds of the song, and an advertisement for defendant APPLE’s user to defendant APPLE’s music subscription service Apple Music, and an offer to listen to Defendant MEDIALAB’s brand Genius Media has a webpage with the lyrics for The Genius Webpage has been viewed 169,000 times as per the statistics listed on At the bottom of the Genius Webpage is a permanent advertisement for defendant APPLE’s Apple Music subscription service, and an unlicensed copy of the Infringing Derivative The Infringing Advertisement is at the bottom of every section of the Genius performer DeeBaby saying “If you want to listen to the full song, clink on the link for Apple Defendants have forced an association of the Copyrighted Track with transphobia Ninho, the French rapper that performed the lyrics over the Copyrighted Track is been 169,000 views of the Genius Webpage on the Infringing Advertisement promising the user the full version of the Infringing Derivative because no other streaming service in the world has the Infringing Derivative in its library.”

 

Plaintiff also alleged that, “Defendant APPLE’s promise that the full version of the Infringing Derivative can Plaintiff joined defendant APPLE’s Apple Music streaming service to listen to the Only after plaintiff joined defendant APPLE’s Apple Music streaming service, defendant APPLE informed plaintiff that the Infringing Derivative was not available Defendant APPLE knew at all times that the Infringing Derivative was not in its Apple Music streaming service, but it elected to falsely advertise in order to mislead users into advertised the Infringing Derivative for the sole purpose of financial gain.”

 

There are two claims for relief laid down by Plaintiff. The first claim is for alleged copyright infringement. The second claim is for alleged contributory copyright infringement.

 

In the prayer for relief Plaintiff has requested the court to award compensatory and statutory damages along with restitution, pre- and post-judgment interest to the extent allowable together with costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-06444

  • Filing Date:

    11/19/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Copyright

Judge Details

Presiding Judge

Ann M Donnelly

Referral Judge

Ramon E. Reyes, Jr

 

Party Details

Plaintiff

Charming Beats LLC

Defendants

Apple, Inc.

Genius Media Group, Inc.

Medialab AI Inc. doing business as Genius Media Group, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Richard M. Garbarini

Attorney at Garbarini FitzGerald P.C.

250 Park Avenue7Th Floor

New York, NY 10177

Defendant Attorney

Alexandra Marie Settelmayer

Attorney at Davis Wright Tremaine LLP

1251 Avenue Of The Americas21St Floor

New York, NY 10020

 

Court Documents

#15

(#15) STIPULATION of Dismissal with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, by Apple, Inc., Medialab AI Inc. (Settelmayer, Alexandra) (Entered: 01/14/2022)

#13

(#13) Corporate Disclosure Statement by Apple, Inc. (Settelmayer, Alexandra) (Entered: 01/03/2022)

#12

(#12) Consent MOTION for Extension of Time to File Answer re #9 Amended Complaint, Stipulation and (Proposed) Order by Medialab AI Inc.. (Settelmayer, Alexandra) (Entered: 12/16/2021)

#11

(#11) SUMMONS Returned Executed by Charming Beats LLC. Medialab AI Inc. served on 11/24/2021, answer due 12/15/2021. (Garbarini, Richard) (Entered: 12/16/2021)

#10

(#10) SUMMONS Returned Executed by Charming Beats LLC. Apple, Inc. served on 12/13/2021, answer due 1/3/2022. (Garbarini, Richard) (Entered: 12/16/2021)

9 #7

Exhibit DMCA Take-Down

9 #6

Exhibit Admission

9 #5

Exhibit Admission

9 #4

Exhibit DMCA Take-Down

9 #3

Exhibit Admission

9 #2

Exhibit DMCA Take-Down

9 #1

Exhibit Registration and Assignments

9 #9

Main Document

8 #2

exhibit

8 #1

complaint

8 #8

Main Document

#7

(#7) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre) (Entered: 11/22/2021)

#6

(#6) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Neptune, Pierre) (Entered: 11/22/2021)

22 More Documents Available
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Docket Entries

  • 01/14/2022
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  • Docket(#15) STIPULATION of Dismissal with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, by Apple, Inc., Medialab AI Inc. (Settelmayer, Alexandra) (Entered: 01/14/2022)

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  • 01/03/2022
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  • Docket(#14) ANSWER to #9 Amended Complaint, by Apple, Inc.. (Settelmayer, Alexandra) (Entered: 01/03/2022)

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  • 01/03/2022
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  • Docket(#13) Corporate Disclosure Statement by Apple, Inc. (Settelmayer, Alexandra) (Entered: 01/03/2022)

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  • 12/16/2021
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  • DocketORDER granting #12 Motion for Defendant Medialab AI Inc., Extension of Time to Answer move, or otherwise respond to the Amended Complaint by January 13, 2022. answer due 1/13/2022. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/16/2021. (Vertus, Miriam) (Entered: 12/16/2021)

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  • 12/16/2021
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  • Docket(#12) Consent MOTION for Extension of Time to File Answer re #9 Amended Complaint, Stipulation and (Proposed) Order by Medialab AI Inc.. (Settelmayer, Alexandra) (Entered: 12/16/2021)

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  • 12/16/2021
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  • Docket(#11) SUMMONS Returned Executed by Charming Beats LLC. Medialab AI Inc. served on 11/24/2021, answer due 12/15/2021. (Garbarini, Richard) (Entered: 12/16/2021)

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  • 12/16/2021
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  • Docket(#10) SUMMONS Returned Executed by Charming Beats LLC. Apple, Inc. served on 12/13/2021, answer due 1/3/2022. (Garbarini, Richard) (Entered: 12/16/2021)

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  • 11/23/2021
  • DocketORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Ramon E. Reyes, Jr for all further proceedings. Chief Magistrate Cheryl L. Pollak no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Margo K. Brodie on 11/23/2021. (Bowens, Priscilla) (Entered: 11/23/2021)

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  • 11/23/2021
  • DocketORDER REASSIGNING CASE. Case reassigned to Chief Magistrate Cheryl L. Pollak for all further proceedings. Magistrate Judge James R. Cho no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Margo K. Brodie on 11/23/2021. (Bowens, Priscilla) (Entered: 11/23/2021)

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  • 11/23/2021
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  • Docket(#9) AMENDED COMPLAINT against Apple, Inc., Medialab AI Inc., filed by Charming Beats LLC. (Attachments: #1 Exhibit Registration and Assignments, #2 Exhibit DMCA Take-Down, #3 Exhibit Admission, #4 Exhibit DMCA Take-Down, #5 Exhibit Admission, #6 Exhibit Admission, #7 Exhibit DMCA Take-Down) (Garbarini, Richard) (Entered: 11/23/2021)

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  • 11/22/2021
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  • Docket(#8) Notice of Report on the Filing or Determination of an Action or appeal Regarding a Copyright. (Attachments: #1 complaint, #2 exhibit) (Rocco, Christine) (Entered: 11/22/2021)

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  • 11/22/2021
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  • Docket(#7) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre) (Entered: 11/22/2021)

    Read MoreRead Less
  • 11/22/2021
  • View Court Documents
  • Docket(#6) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Neptune, Pierre) (Entered: 11/22/2021)

    Read MoreRead Less
  • 11/22/2021
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  • Docket(#5) Summons Issued as to Apple, Inc., Medialab AI Inc. (Neptune, Pierre) (Entered: 11/22/2021)

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  • 11/20/2021
  • DocketCase Assigned to Judge Ann M Donnelly and Magistrate Judge James R. Cho. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Neptune, Pierre) (Entered: 11/22/2021)

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  • 11/20/2021
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  • Docket(#4) Civil Cover Sheet.. Re #1 Complaint, by Charming Beats LLC (Garbarini, Richard) (Entered: 11/20/2021)

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  • 11/20/2021
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  • Docket(#3) Proposed Summons. Re #1 Complaint, by Charming Beats LLC (Garbarini, Richard) (Entered: 11/20/2021)

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  • 11/20/2021
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  • Docket(#2) Proposed Summons. Re #1 Complaint, by Charming Beats LLC (Garbarini, Richard) (Entered: 11/20/2021)

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  • 11/20/2021
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  • Docket(#1) COMPLAINT against Apple, Inc., Medialab AI Inc. filing fee $ 402, receipt number ANYEDC-15049441 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Charming Beats LLC. (Attachments: #1 Exhibit Registration and Assignments, #2 Exhibit DMCA Take-Down, #3 Exhibit Admission, #4 Exhibit DMCA Take-Down, #5 Exhibit Admission, #6 Exhibit Admission, #7 Exhibit DMCA Take-Down) (Garbarini, Richard) (Entered: 11/20/2021)

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