Flava Works used to file a good number of file-sharing lawsuits. I have not seen alot lately. However, they have just filed a mass Doe Defendant lawsuit in Illinois Federal Court (Northern District) alleging copyright and trademark infringement. This blog discusses what the complaint alleges. Settlements can range from the low thousands on up depending upon the number of downloads and other factors, such as the Defendant's finances.

The Illinois Lawsuit

Defendants identified by their screen names

Joel Lewitzky, Plaintiff, John Doe 1 (username augire2) John Doe 2 (username batsu454) John Doe 3 (username blackbike20) John Doe 4 (username Cards1uk) John Doe 5 (username Chaman) John Doe 6 (username Clorino404) John Doe 7 (username Daledale) John Doe 8 (username Daleorama) John Doe 9 (username Dave858) John Doe 10 (username ekospirit) John Doe 11 (username gzh004) John Doe 12 (username Hubrys) John Doe 13 (username Joewija) John Doe 14 (username Lilraverprep) John Doe 15 (username Luvpecs) John Doe 16 (username Nyethi) John Doe 17 (username Paulrc) John Doe 18 (username Slchung) John Doe 19 (username Thomblack) John Doe 20 (username Trashcat) John Doe 21 (username Yatjug) John Doe 22 (username Zanefan) John Doe 23 (username xaoslao).

Sample Allegations

Here is what the complaint alleges. The burden of proof is on Flava to prove their case.

• This is an action for copyright infringement pursuant to the Copyright Act, 17 U.S.C. § 101 et seq.; for trademark infringement pursuant to the Lanham Act, 15 U.S.C. § 1051 et seq., as amended. Plaintiffs bring this action to stop Defendants from infringing, promoting, encouraging, enabling and facilitating the infringement of Plaintiffs' copyrights (collectively “Plaintiffs' Intellectual Property”) on the Internet.
• Plaintiffs bring this action to stop Defendants from continuing to encourage, enable and contribute to the infringement of Plaintiffs' copyrights on the Internet. Defendant, Joel Lewitzky joined or visited FlavaWorks' paid membership-only websites, agreed to FlavaWorks' terms and services, downloaded copyrighted videos owned by FlavaWorks, and copied and distributed the aforesaid copyrighted videos in violation of the agreed to terms and services.
• Plaintiff distributes its adult entertainment through various distributors and licensees, as well as through its websites: www.FlavaMen.com, www.CocoDorm.com, www.CocoStore.com, www.PapiCock.com, www.RawRods.com and www.ThugBoy.com, among others.
• Defendants agreed to the terms and conditions of the site and agreed that Defendants would not copy and distribute copyrighted videos of FlavaWorks. Copies of FlavaWorks' terms and conditions are attached as Group Exhibit “A”.
• Notwithstanding the aforesaid agreements, Defendant Joel Lewitzky downloaded copyrighted videos of FlavaWorks as part of their paid memberships and, in violation of the terms and conditions of the paid sites, and posted and distributed the aforesaid videos on other websites, including websites with peer to peer sharing and torrent technology Copies of the aforementioned copyrights are attached as Exhibit “B”.
• As a result of Defendants' conduct, third parties were able to download the copyrighted videos, without permission of FlavaWorks.

Causes of Action Asserted

Here are the four causes of action asserted by the Plaintiff.

COUNT I (Direct Copyright Infringement as to all Defendants – 17 U.S.C. § 501.)

COUNT II (Contributory Copyright Infringement.)

COUNT III (Vicarious Copyright Infringement.)

Count IV (Inducement of Copyright Infringement.)

The Alleged basis for personal jurisdiction in Illinois

Flava Works alleges that users agreed (click wrap) to jurisdiction in Illinois:

"This Court has jurisdiction over Defendants, because Defendants consented to personal jurisdiction when they agreed to FlavaWorks' Terms and Conditions, section 11, 1.1: “you hereby consent to the personal jurisdiction and venue of the courts located in Cook County, Illinois”

Damages and Remedies Sought

Here is a look at part of the relief they are seeking in this infringement lawsuit.