On October 15, 2021, Bernhard Kuhmstedt (“Kuhmstedt”), represented by Scott Alan Burroughs of Doniger Burroughs, filed an intellectual property lawsuit against Movie Times, Inc., Movietimes.com (collectively “Movie Times”) and Does 1 through 10 (collectively “Defendants”), seeking injunctive relief and damages along with prejudgment interest for the alleged infringement of United States Copyright owned by Plaintiff. This case was filed in the U.S. District Court in the Central District of California.
Plaintiff filed this complaint for the alleged infringement of United States Copyright i.e. an original photograph of the actor August Zirnerv that was published abroad (“Subject Photograph”) owned by Plaintiff.
In the complaint Plaintiff alleged that, “Plaintiff is informed and believes and thereon alleges that following its publication and display of the Subject Photograph, Cracked, DOE Defendants, and each of them used the Subject Photograph without Plaintiff’s authorization for commercial purposes in various ways, including, but not limited to, the use on websites such as https://movietimes.com/celebrities/august-zirner. Plaintiff is informed and believes and thereon alleges that Defendants, and each of them, infringed Plaintiff’s copyrights by creating an infringing and/or derivative work from the Subject Photograph, and by publishing the work which infringes the Subject Photograph to the public, including without limitation, on and through its website(s).”
Plaintiff further alleged that, “Plaintiff is informed and believes and thereon alleges that Defendants, and each of them, infringed Plaintiff’s rights by copying the Subject Photograph without Plaintiff’s authorization or consent and creating an unlawful derivative work from the Subject Photograph. Plaintiff is informed and believes and thereon alleges 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 had the ability to oversee the development, publication, and distribution of the infringing imagery at issue. Defendants, and each of them, also realized profits through their respective obtainment, distribution, and publication of the Subject Post.”
Plaintiff also alleged that, “29.Plaintiff is informed and believes and thereon alleges that Defendants, and each of them, removed Plaintiff’s copyright management information, from one or more of the Subject Photograph, and/or added false copyright management information to one or more of the Subject Photograph, before publishing same. 31.When Defendants published the Subject Photograph, they knowingly provided and/or distributed false copyright management information.”
Plaintiff has laid down three claims for relief. The first claim is for alleged copyright infringement. The second claim is for alleged vicarious and/or contributory copyright infringement and the last claim is for violations of the Digital Millennium Copyright Act (17 U.S.C. §1202).
In its prayer for relief Plaintiff has requested the court that Defendants, their affiliates, agents, and employees be enjoined from infringing Plaintiff’s copyright in and to the Subject Photograph. Plaintiff also requested to be awarded all profits of Defendants, plus all losses of Plaintiff, plus any other monetary advantage gained by Defendants through their infringement. Plaintiff requested to be awarded its costs and attorneys’ fees and cost of this action along with prejudgment interest. Plaintiff also requested the court for such further legal and equitable relief as the court deems proper.
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Pending - Other Pending
Movie Times, Inc.
DOES 1 through 10,
Scott Alan Burroughs
Attorney at Doniger Burroughs
603 Rose Avenue
Venice, CA 90291
Civil Cover Sheet
Docket(#3) Proposed Summons. (Burroughs, Scott) (Filed on 10/15/2021) (Entered: 10/15/2021)Read MoreRead Less
Docket(#2) Certificate of Interested Entities by Bernhard Kuhmstedt (Burroughs, Scott) (Filed on 10/15/2021) (Entered: 10/15/2021)Read MoreRead Less
Docket(#1) COMPLAINT against DOES 1 through 10,, Movie Times, Inc. ( Filing fee $ 402, receipt number 0971-16503834.). Filed byBernhard Kuhmstedt. (Attachments: #1 Civil Cover Sheet)(Burroughs, Scott) (Filed on 10/15/2021) (Entered: 10/15/2021)Read MoreRead Less
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