This case was last updated from U.S. District Courts on 12/13/2021 at 15:53:18 (UTC).

Kuhmstedt v. Vice Media, LLC et al

Case Summary

On November 19, 2021, Bernhard Kühmstedt (“Kühmstedt” or “Plaintiff”), represented by Scott Alan Burroughs of Doniger / Burroughs, filed an intellectual property lawsuit against Vice Media, LLC (“Vice”) and Does 1 through 10 (collectively, “Defendants”), seeking injunctive relief, statutory damages and other relief for the Defendants’ alleged copyright infringement. This case was filed in U.S. District Court in the Southern District of New York with Judge Analisa Torres presiding.

 

The Plaintiff brings this action for the alleged copyright infringement of the Subject photograph by the Defendants.

 

In the complaint, the Plaintiff alleged that, “Plaintiff alleges on information and belief that Defendants, and each of them, are displaying and distributing infringing derivative works created from the Subject Photograph. Due to Defendants’, and each of their, acts of infringement, Plaintiff has suffered general and special damages in an amount to be established at trial. Due to Defendants’ acts of copyright infringement as alleged herein, Defendants, and each of them, have obtained direct and indirect profits they would not otherwise have realized but for their infringement of Plaintiff’s rights in the Subject Photograph.”

 

The Plaintiff also alleged that, “Plaintiff alleges on information and belief that Defendants knowingly induced, participated in, aided and abetted in and profited from the illegal reproduction and distribution of the Subject Photograph as alleged hereinabove. Such conduct included, without limitation, publishing photography obtained from third parties that Defendant(s) knew, or should have known, were not authorized to be published by Defendants and publishing and displaying the Subject Photograph online.”

 

Further, the Plaintiff alleged that, “Plaintiff alleges on information and belief 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, Defendants, and each of them, received revenue in connection with the infringement at issue, and were able to supervise the distribution and display of the Subject Photograph.”

 

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

 

In their prayer for relief, the Plaintiff has requested the Court to award injunctive relief and all profits plus statutory damages as available under 17 U.S.C. § 504 and enhanced damages together with pre-judgment interest. Furthermore, the Plaintiff requested the Court for attorneys’ fees, costs and any further relief as the Court may deem just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-09637

  • Filing Date:

    11/19/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Copyright

Judge Details

Presiding Judge

Analisa Torres

 

Party Details

Plaintiff

Bernhard Kuhmstedt

Defendants

Vice Media, LLC

Does 1 through 10

Attorney/Law Firm Details

Plaintiff Attorney

Scott Alan Burroughs

Attorney at Doniger / Burroughs

603 Rose Ave

Venice, CA 90291

 

Court Documents

#1

(#1) COMPLAINT against Does 1 through 10, Vice Media, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25363178)Document filed by Bernhard Kuhmstedt..(Burroughs, Scott) (Entered: 11/19/2021)

#2

(#2) CIVIL COVER SHEET filed..(Burroughs, Scott) (Entered: 11/19/2021)

#3

(#3) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bernhard Kuhmstedt..(Burroughs, Scott) (Entered: 11/19/2021)

#4

(#4) FILING ERROR - DEFICIENT PLEADING - PDF ERROR - AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Burroughs, Scott) Modified on 11/22/2021 (pc). (Entered: 11/19/2021)

#5

(#5) REQUEST FOR ISSUANCE OF SUMMONS as to VICE MEDIA, LLC, re: #1 Complaint. Document filed by Bernhard Kuhmstedt..(Burroughs, Scott) (Entered: 11/19/2021)

#6

(#6) ELECTRONIC SUMMONS ISSUED as to Vice Media, LLC..(pc) (Entered: 11/22/2021)

#7

(#7) INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by February 1, 2022, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 11/30/2021) (kv) (Entered: 11/30/2021)

#8

(#8) ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 11/30/2021) (kv) (Entered: 11/30/2021)

#9

(#9) ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 11/30/2021) (kv) (Entered: 11/30/2021)

 

Docket Entries

  • 11/30/2021
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  • Docket(#9) ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 11/30/2021) (kv) (Entered: 11/30/2021)

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  • 11/30/2021
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  • Docket(#8) ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 11/30/2021) (kv) (Entered: 11/30/2021)

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  • 11/30/2021
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  • Docket(#7) INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by February 1, 2022, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (as further set forth herein). SO ORDERED. (Signed by Judge Analisa Torres on 11/30/2021) (kv) (Entered: 11/30/2021)

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  • 11/22/2021
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  • Docket***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Scott Alan Burroughs to RE-FILE re: Document No. #4 AO 121 Form Copyright - Notice of Submission by Attorney,. The filing is deficient for the following reason(s):. the Copyright Registration Number field on the AO 121 Copyright form was not completed by the attorney;. Re-file the document using the event type AO 121 Form Copyright - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 121 Copyright PDF form. (pc) (Entered: 11/22/2021)

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  • 11/22/2021
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  • Docket(#6) ELECTRONIC SUMMONS ISSUED as to Vice Media, LLC..(pc) (Entered: 11/22/2021)

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  • 11/22/2021
  • DocketCase Designated ECF. (pc) (Entered: 11/22/2021)

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  • 11/22/2021
  • DocketMagistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) (Entered: 11/22/2021)

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  • 11/22/2021
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) (Entered: 11/22/2021)

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  • 11/22/2021
  • Docket***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Scott Alan Burroughs. The party information for the following party/parties has been modified: Does 1 through 10, Vice Media, LLC, Bernhard Kuhmstedt. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (pc) (Entered: 11/22/2021)

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  • 11/19/2021
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  • Docket(#5) REQUEST FOR ISSUANCE OF SUMMONS as to VICE MEDIA, LLC, re: #1 Complaint. Document filed by Bernhard Kuhmstedt..(Burroughs, Scott) (Entered: 11/19/2021)

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  • 11/19/2021
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  • Docket(#4) FILING ERROR - DEFICIENT PLEADING - PDF ERROR - AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Burroughs, Scott) Modified on 11/22/2021 (pc). (Entered: 11/19/2021)

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  • 11/19/2021
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  • Docket(#3) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bernhard Kuhmstedt..(Burroughs, Scott) (Entered: 11/19/2021)

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  • 11/19/2021
  • View Court Documents
  • Docket(#2) CIVIL COVER SHEET filed..(Burroughs, Scott) (Entered: 11/19/2021)

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  • 11/19/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Does 1 through 10, Vice Media, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-25363178)Document filed by Bernhard Kuhmstedt..(Burroughs, Scott) (Entered: 11/19/2021)

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