Introduction

Restaurant, bar, club and tavern owners around the United States need to make sure they are properly licensing boxing fights for commercial usage before broadcasting the fight in their establishments. There are several companies that seek to enforce their intellectual property rights including Joe Hand Promotions, J&J Sports Production and G&G Closed Circuit.

These companies invest substantial amounts of money to obtain the rights to pay-per-view fights and at times may be contractually bound to track down infringers. Our firm is a leader in this niche area of intellectual property law which can involve claims of copyright infringement, and/or violations of the federal telecommunications act.

This blog focuses on G&G Closed Circuit cases which have been filed for many years all across the United States. If you receive a legal demand letter, or a call from the attorney at G&G Closed Circuit, you would be wise to hang up the phone and discuss with legal counsel. We have dealt with this firm many times, and they can be overwhelming to those not familiar with this law firm from Pasadena.

LEAD ATTORNEY;ATTORNEY TO BE NOTICED
Law Offices of Thomas P Riley PC
1st Library Sq 1114 Fremont Ave
South Pasadena, CA 91030-3227

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About G&G Closed Circuit Events, LLC

According to their website:

"G&G Closed Circuit Events is a leader in providing boxing , MMA and other content to commercial establishments such as bars, restaurants, nightclubs and casinos. We have been serving the entire United States with quality Pay-Per-View and various other programming since 2009. We have worked with the likes of Premier Boxing Championships, Golden Boy Promotions, DAZN and Bellator MMA."

See Boxin Piracy Law here.

States where G&G has filed lawsuits

Here is a list of states where G&G has filed unauthorized broadcast lawsuits. My research shows that they have filed over 1,000 federal court lawsuits.

• California
• Arizona
• Florida
• Illinois
• Georgia
• Lousiana
• Maryland
• New York
• Texas
• Oklahoma

These are where the bulk of the suits are filed, but there are many other states where they have filed lawsuits. We have word that soon they will be filing a large number of lawsuits in the Omaha, Nebraska area.

Upcoming cases to be filed in Omaha Nebraska area

We have learned that G&G expects to pursue a large number of infringement cases in Omaha Nebraska. I have reviewed the docket and have not seen cases filed here before.

According to wikipedia:

"The United States District Court for the District of Nebraska (in case citations, D. Neb.) is the federal district court whose jurisdiction is the state of Nebraska. Court offices are in Omaha and Lincoln. Appeals from the District of Nebraska are taken to the United States Court of Appeals for the Eighth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit)."

Section 553 claims (Use of Cable)

- sample complaint allegations

Here is a sample allegation from one complaint:

(Violation of Title 47 U.S.C. Section 553)

"The unauthorized interceptions, reception, publication, divulgence, display, and/or exhibition of the Program by the above named Defendants was prohibited by Title 47 U.S.C. Section 553, et seq. 27.

By reason of the aforesaid mentioned conduct, the aforementioned Defendants, and each of them, violated Title 47 U.S.C. Section 553, et seq. 28.

By reason of the Defendants' violation of Title 47 U.S.C. Section 553, et seq., Plaintiff G & G Closed Circuit Events, LLC, has the private right of action pursuant to Title 47 U.S.C. Section 553. 29.

As the result of the aforementioned Defendants' violation of Title 47 U.S.C. Section 553, Plaintiff G & G Closed Circuit Events, LLC, is entitled to the following from each Defendant:

(a) Statutory damages for each violation in an amount to $10,000.00 pursuant to Title 47 U.S.C. § 553(c)(3)(A)(ii); and also

(b) Statutory damages for each willful violation in an amount to $50,000.00 pursuant to Title 47 U.S.C. § 553(c)(3)(B); and also

(c) the recovery of full costs pursuant to Title 47 U.S.C. Section 553 (c)(2)(C);

and also

(d) and in the discretion of this Honorable Court, reasonable attorneys' fees, pursuant to Title 47 U.S.C. Section 553 (c)(2)(C).

Wherefore Damages are Sought:

1. For statutory damages in the amount of $60,000.00 against the Defendants,
and each of them, and;
2. For reasonable attorneys' fees as may be awarded in the Court's
discretion pursuant to statute, and;
3. For all costs of suit, including but not limited to filing fees, service
of process fees, investigative costs, and;
4. For such other and further relief as this Honorable Court may deem just
and proper.

Section 605 claims (use of radio or satellite) - sample complaint allegations

(Violation of Title 47 U.S.C. Section 605)

Here are the allegations pulled from a pleading in Arizona federal court:

Pursuant to contract, Plaintiff G & G Closed Circuit Events, LLC, was granted the exclusive nationwide commercial distribution (closed-circuit) rights to Strikeforce: Fedor Emelianenko v. Dan Henderson, telecast nationwide on Saturday, July 30, 2011 (this included all under-card bouts and fight commentary encompassed in the television broadcast of the event, hereinafter referred to as the "Program").

Pursuant to contract, Plaintiff G & G Closed Circuit Events, LLC, entered into subsequent sublicensing agreements with various commercial entities throughout North America, including entities within the State of Arizona, by which it granted these entities limited sublicensing rights, specifically the rights to publicly exhibit the Program within their respective commercial establishments in the hospitality industry (i.e., hotels, racetracks, casinos, bars, taverns, restaurants, social clubs, etc.).

As a commercial distributor and licensor of sporting events, including the Program, Plaintiff G & G Closed Circuit Events, LLC, expended substantial monies marketing, advertising, promoting, administering, and transmitting the Program to its customers, the aforementioned commercial entities.

With full knowledge that the Program was not to be intercepted, received, published, divulged, displayed, and/or exhibited by commercial entities unauthorized to do so, each and every one of the above named Defendants, either through direct action or through actions of employees or agents directly imputable to Defendants did unlawfully intercept, receive, publish, divulge, display, and/or exhibit the Program at the time of its transmission at their commercial establishment in Glendale, Arizona.

Said unauthorized interception, reception, publication, exhibition, divulgence, display, and/or exhibition by each of the Defendants was done willfully and for purposes of direct and/or indirect commercial advantage and/or private financial gain.

Title 47 U.S.C. Section 605, et seq., prohibits the unauthorized publication or use of communications (such as the transmission of the Program for which Plaintiff G & G Closed Circuit Events, LLC, had the distribution rights thereto).

By reason of the aforesaid mentioned conduct, the aforementioned Defendants, and each of them, violated Title 47 U.S.C. Section 605, et seq.

By reason of the Defendants' violation of Title 47 U.S.C. Section 605, et seq., Plaintiff G & G Closed Circuit Events, LLC, has the private right of action pursuant to Title 47 U.S.C. Section 605.

As the result of the aforementioned Defendants' violation of Title 47 U.S.C. Section 605, and pursuant to said Section 605, Plaintiff G & G Closed Circuit Events, LLC, is entitled to the following from each Defendant:

(a) Statutory damages for each willful violation in an amount to $100,000.00 pursuant to Title 47 U.S.C. 605(e)(3)(C)(ii),

and also

(b) the recovery of full costs, including reasonable attorneys' fees, pursuant to Title 47 U.S.C. Section 605(e)(3)(B)(iii).

Wherefore Plaintiff seeks:

1. For statutory damages in the amount of $110,000.00 against the Defendants,
and each of them, and
2. For reasonable attorneys' fees as mandated by statute, and
3. For all costs of suit, including but not limited to filing fees, service of
process fees, investigative costs, and
4. For such other and further relief as this Honorable Court may deem just
and proper;

Sometimes you will see a Conversion cause of action asserted

Here is a sample allegation for conversion:

"By their aforesaid acts of interception, reception, publication, divulgence, display, and/or exhibition of the Program at their commercial establishment at the above-captioned address, the aforementioned Defendants, and each of them, tortiously obtained possession of the Program and wrongfully converted same for their own use and benefit.

The aforesaid acts of the Defendants were willful, malicious, egregious, and intentionally designed to harm Plaintiff G & G Closed Circuit Events, LLC, by depriving Plaintiff of the commercial license fee to which Plaintiff was rightfully entitled to receive from them, and in doing so, the Defendants subjected the Plaintiff to severe economic distress and great financial loss.

Accordingly, Plaintiff G & G Closed Circuit Events, LLC, is entitled to both compensatory, as well as punitive and exemplary damages, from aforementioned Defendants as the result of the Defendants' egregious conduct, theft, and conversion of the Program and deliberate injury to the Plaintiff.

Wherefore, Plaintiff seeks:

1. For compensatory damages in an amount according to proof against the
Defendants, and each of them, and;
2. For exemplary damages against the Defendants, and each of them, and;
3. For punitive damages against the Defendants, and each of them, and;
4. For reasonable attorneys' fees as may be awarded in the Court's discretion pursuant
to statute, and;
5. For all costs of suit, including but not limited to filing fees, service of process fee,
investigative costs, and;
6. For such other and further relief as this Honorable Court may deem just and proper

Sample settlements and enhanced factors

I recently wrote this blog that discusses the various damages applicable if you are found liable in boxing piracy cases. If you are involved in a dispute, you should read this to get a better understanding of the penalties you face.

What to do if you are contacted by a G&G piracy lawyer

Many bar and restaurants owners have reported receiving a phone call demanding settlement money from the Plaintiff's legal counsel. The demands can be enormous (as much as $50,000 for one fight). These are not easy calls to handle. If you want to hear him out, go ahead and do so, but it may be worth considering informing their attorney "I would like to speak to a lawyer" and you can politely hang up and call us for a free initial evaluation.

We can help you evaluate the any potential defenses, and discuss potential settlements. Settlement factors include analyzing various factors such as:

• How many fights you showed?
• Have your ever purchased prior fights?
• Do you have a good faith explanation?
• How well off is your establishment?
• What is the capacity at your establishment?
• How large was the crowd on the night in question?
• How many televisions were the fights shown on?
• Was the internet advertising involved?
• Did you make a lot of money?
• Was there a cover charge?
• Were there drink or food premiums charged?