Malibu Media Tests Northern District of Ohio Waters
In late June 2014, Malibu Media LLC entered the waters in Northern District of Ohio filing 16 new copyright infringement lawsuits. The Northern District of Ohio (NDOH) has seemed somewhat hostile to copyright trolls.
For example, one federal judge, James S. Gwin, sua sponte severed and dismissed all 197 doe defendants in four consolidated cases involving Safety Point Products in 2013 (1:12-cv-02812, 1:12-CV-2820, 1:12-CV-2831, 1:12-CV-2894). The court expressed concern with respect to the business model of copyright trolling as few cases were litigated in the past, the fairness of applying “joinder” to these defendants, and the fact that plaintiff had escaped paying over $60,000 in filing fees by attempting to join these many defendants in just four separate lawsuits.
These new Malibu Media LLC lawsuits accuse defendants of using BitTorrent and the internet to illegally obtain their adult movies (originating from the X-Art website) without paying for a license and thus violating the US Copyright Act.
The same federal judge who dismissed all 197 doe defendants in the Safety Point litigation mentioned above, James S. Gwin, has been assigned three of these new Malibu Media lawsuits, 1:14-cv-01389, 1:14-cv-01390, and 1:14-cv-01426. It will be interesting to see how judge Gwin and the other Northern District of Ohio judges evaluate Malibu Media’s claims of accurately naming its defendants.
For more information about Malibu Media LLC’s copyright infringement lawsuits visit Antonelli Law’s webpage at https://www.antonelli-law.com/Malibu_Media.php.
The cases filed in the Northern District of Ohio federal court are:
- Malibu Media LLC v. Doe 1:14-cv-01384
- Malibu Media LLC v. Doe 1:14-cv-01387
- Malibu Media LLC v. Doe 3:14-cv-01388
- Malibu Media LLC v. Doe 1:14-cv-01389
- Malibu Media LLC v. Doe 1:14-cv-01390
- Malibu Media LLC v. Doe 3:14-cv-01421
- Malibu Media LLC v. Doe 1:14-cv-01422
- Malibu Media LLC v. Doe 1:14-cv-01423
- Malibu Media LLC v. Doe 1:14-cv-01424
- Malibu Media LLC v. Doe 1:14-cv-01425
- Malibu Media LLC v. Doe 1:14-cv-01426
- Malibu Media LLC v. Doe 1:14-cv-01427
- Malibu Media LLC v. Doe 3:14-cv-01428
- Malibu Media LLC v. Doe 3:14-cv-01429
- Malibu Media LLC v. Doe 3:14-cv-01430
- Malibu Media LLC v. Doe 3:14-cv-01431
Malibu Media LLC is represented in the northern District of Ohio by Yousef Faroniya
sua sponte
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About Author
JAntonelli
Jeffrey Antonelli is a member of the federal trial bar of the Northern District of Illinois and is admitted to numerous federal courts around the country. He has been a civil litigator nearly 25 years in a broad range of actions representing corporations and individuals as plaintiffs and defendants in state and federal court. Jeffrey has been interviewed by the media many times, including Bloomberg BNA, NBC, The New York Times, Chicago Lawyer, Chicago Tribune, and the longstanding lawyer’s publication Chicago Daily Law Bulletin. Prior to forming Antonelli Law Ltd. in 2007 Jeffrey worked for several litigation boutiques in Chicago’s Loop as well as a full service firm. His litigation experience includes hotly contested issues in intellectual property, business, insurance, and consumer fraud. He is an adviser to the Illinois Board of Higher Education Advisory Council for Private Business and Vocational Schools (PBVS), and was a member of the Illinois State Bar Association Education Law Section Council from 2012-2013. Jeffrey is especially proud of his work representing hundreds of students defrauded by improperly accredited educational institutions, including as certified class counsel. Before attending law school, Jeffrey was interested first in business, and then in biomedical ethics. These interests led him to graduate from the nation’s largest philosophy department at Loyola University in Chicago, where some of his favorite (and most challenging) subjects were cognitive science and philosophy of science. During college he held positions at the University of Chicago’s Ben May Institute; as a medical assistant for a University of Chicago foot and ankle surgeon; and volunteered in the emergency room at the University of Chicago Hospitals. These experiences led to studying health law at the DePaul College of Law where Jeffrey earned his law degree and a certificate in health law. At that time DePaul’s Institute for Health Law was consistently ranked in the top 10 health law specialty programs nationwide. During law school Jeffrey immersed himself in studying the practical and public policy aspects of health care through internships at the American Medical Association in Chicago, and on Capitol Hill at the Governmental Relations Office of the Association of American Medical Colleges in Washington, DC. Jeffrey has concentrated in civil litigation throughout his legal career, and is a member of the federal trial bar of the Northern District of Illinois, the Central District of Illinois federal court, and all federal courts of Colorado, Wisconsin, Michigan, and Indiana. In addition, he is a member of the DuPage County Bar Association and the Illinois State Bar Association. Jeffrey prides himself on his strong personal ideals, passionate, ethical advocacy, and working hard to bring the best possible results for his clients. He also maintains a special interest in cases involving fraud. Whether due to good parenting, his family’s law enforcement employment, undergraduate studies in philosophy including ethics, or a fortuitous outcome of good breeding, one essence of Jeffrey’s character is a drive to root out the truth behind fraudulent practices.