This case was last updated from U.S. District Courts on 12/31/2021 at 08:14:41 (UTC).

Kifle v. YouTube, LLC et al

Case Summary

On November 1, 2021, Elias Kifle (“Plaintiff”), self-representing, filed an intellectual property lawsuit against YouTube, LLC ("YouTube"), and John Doe (the "Doe Defendant"), (collectively, "Defendants"), seeking injunctive relief, actual or statutory damages, and other reliefs for the allegedly unlawful appropriation of the Plaintiff's copyrighted works. This case was filed in the United States District Court in the Northern District of Georgia with Judge J. P. Boulee presiding.

 

This is an action entirely arising from the Defendants' allegedly intentional infringement of copyright that the Plaintiff owns in a video that he created and displayed on his website. YouTube continues to display hundreds of the Plaintiff's videos, ignoring his valid DMCA notices, diverting the Plaintiff's paid subscribers away from his website, Mereja. TV.

 

In the complaint, the Plaintiff has alleged that, “At all relevant times, Plaintiff owned the exclusive rights to, among other things, reproduce, and distribute his copyrighted works in the United States and worldwide. Each of Plaintiff's videos that he creates is copyrightable under 17 U.S.C. §102(a)(5).”

 

The Plaintiff then alleged that, “Since November 2020, Plaintiff has noticed that YouTube has been deliberately inducing Doe Defendant and others to upload and continue to display Plaintiff's copyrighted and registered videos despite DMCA notices, making YouTube liable for materially contributing to the infringement of Plaintiff's copyright. Evidence shows that Plaintiff's live broadcasts and other types of videos have been reproduced, distributed, displayed, and publicly performed on YouTube's website by Doe Defendant without Plaintiff's permission, in violation of Plaintiff's exclusive rights under 17 U.S.C. § 106, including sections (1), (2), (3), (5), (6), and 17 U.S.C. § 501.”

 

The Plaintiff further alleged that, “YouTube is liable for contributory infringement of Plaintiff's works because it has failed to take simple measures to prevent damage to Plaintiff's copyrighted works despite receiving valid DMCA notices. For over five months since November 2020, YouTube has knowingly and willfully refused to prevent the direct infringing acts by Doe Defendant after it has actual and red flag knowledge. YouTube materially contributed to direct infringement of Plaintiff's exclusive rights to reproduce, distribute, and display his copyrighted works. 17 U.S .C. § 106(1), (3), (5).”

 

There is one claim for relief for alleged copyright infringement against the Defendants.

 

In its prayer for relief, the Plaintiff has requested the Court to pass a judgment that YouTube and Doe Defendant have willfully and knowingly infringed upon the Plaintiff's copyright along with injunctive relief including actual damages alternatively, statutory damages of up to $150,000 per copyrighted work infringed pursuant to 17 U.S.C. § 504(b) and (c). Further, the Plaintiff requested the Court to pass a judgment and order awarding the Plaintiff its fees and costs and such other and further relief as deemed just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-04508

  • Filing Date:

    11/01/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Copyright

Judge Details

Presiding Judge

J. P. Boulee

 

Party Details

Plaintiff

Elias Kifle

Lawrenceville, GA 30044

Defendants

Youtube, LLC

John Doe

Attorney/Law Firm Details

Defendant Attorneys

Brian McKinley Underwood, Jr.

Attorney at Bryan Cave Leighton Paisner LLP - ATL

One Atlantic Center, 14Th Floor1201 West Peachtree St., N.W.

Atlanta, GA 30309-3471

Eric Schroeder

Attorney at Bryan Cave Leighton Paisner LLP - ATL

One Atlantic Center, 14Th Floor1201 West Peachtree St., N.W.

Atlanta, GA 30309-3471

 

Court Documents

#1

(#1) COMPLAINT with Jury Demand filed by Elias Kifle. (Filing fee $402.00, receipt number GAN100133900) (Attachments: #1 Declaration - Elias Kifle, #2 Declaration - Tsegaye Shimelis, #3 Certification of Service, #4 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 11/01/2021)

1 #1

Declaration - Elias Kifle

1 #2

Declaration - Tsegaye Shimelis

1 #3

Certification of Service

1 #4

Civil Cover Sheet

#2

(#2) Summons Issued as to YouTube, LLC. (eop) Modified text on 11/2/2021 (eop). (Entered: 11/01/2021)

#3

(#3) AO Form 121 forwarded to Registrar. (eop) (Entered: 11/01/2021)

#4

(#4) Return of Service Executed by Elias Kifle. Youtube, LLC served on 11/1/2021, answer due 11/22/2021. (rlh) (Entered: 11/03/2021)

#5

(#5) NOTICE of Appearance by Eric Schroeder on behalf of Youtube, LLC (Schroeder, Eric) (Entered: 11/22/2021)

#6

(#6) NOTICE of Appearance by Brian McKinley Underwood, Jr on behalf of Youtube, LLC (Underwood, Brian) (Entered: 11/22/2021)

#7

(#7) STIPULATION re #4 Return of Service Executed, #1 Complaint, by Elias Kifle and YouTube LLC Regarding Waiver of Service by Youtube, LLC. (Underwood, Brian) (Entered: 11/22/2021)

#8

(#8) STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge J. P. Boulee on 12/2/21. (bnw) (Entered: 12/02/2021)

 

Docket Entries

  • 12/02/2021
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  • DocketClerk's Certificate of Mailing as to Elias Kifle re #8 Order. (bnw) (Entered: 12/02/2021)

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  • 12/02/2021
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  • Docket(#8) STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge J. P. Boulee on 12/2/21. (bnw) (Entered: 12/02/2021)

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  • 11/22/2021
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  • Docket(#7) STIPULATION re #4 Return of Service Executed, #1 Complaint, by Elias Kifle and YouTube LLC Regarding Waiver of Service by Youtube, LLC. (Underwood, Brian) (Entered: 11/22/2021)

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  • 11/22/2021
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  • Docket(#6) NOTICE of Appearance by Brian McKinley Underwood, Jr on behalf of Youtube, LLC (Underwood, Brian) (Entered: 11/22/2021)

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  • 11/22/2021
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  • Docket(#5) NOTICE of Appearance by Eric Schroeder on behalf of Youtube, LLC (Schroeder, Eric) (Entered: 11/22/2021)

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  • 11/01/2021
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  • Docket(#4) Return of Service Executed by Elias Kifle. Youtube, LLC served on 11/1/2021, answer due 11/22/2021. (rlh) (Entered: 11/03/2021)

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  • 11/01/2021
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  • DocketClerk's Certificate of Mailing as to Register of Copyrights re #3 A.O. Form 121 Copyright. (eop) (Entered: 11/01/2021)

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  • 11/01/2021
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  • Docket(#3) AO Form 121 forwarded to Registrar. (eop) (Entered: 11/01/2021)

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  • 11/01/2021
  • View Court Documents
  • Docket(#2) Summons Issued as to YouTube, LLC. (eop) Modified text on 11/2/2021 (eop). (Entered: 11/01/2021)

    Read MoreRead Less
  • 11/01/2021
  • View Court Documents
  • Docket(#1) COMPLAINT with Jury Demand filed by Elias Kifle. (Filing fee $402.00, receipt number GAN100133900) (Attachments: #1 Declaration - Elias Kifle, #2 Declaration - Tsegaye Shimelis, #3 Certification of Service, #4 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 11/01/2021)

    Read MoreRead Less
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