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As part of its copyright infringement lawsuit against Bang Energy Drink maker Vital Pharmaceuticals, Pryor Cashman’s client Sony Music Entertainment’s sanctions claim against Bang was granted in the Southern District of Florida by US Magistrate Judge Jacqueline Becerra.
Judge Becerra’s order sanctioned Bang for failing to turn over videos and social media data in connection with the discovery in
Sony Music Entertainment et al. vs. Vital Pharmaceuticals Inc. et al.
The judge noted that the beverage maker “should have preserved this data, notified all other custodians to do the same and implemented appropriate measures for such preservation during the discovery period” and ordered them to pay the fees lawyer at Sony.
In his coverage of the decision, Law360Noted:
Sony said Vital had a duty to preserve the evidence, which includes a set of 22 videos posted to Vital’s social media accounts and another set of 171 containing engagement data that allegedly shows the extent of the breach of the copyright, which Sony needs to prove damages.
“Such actions have deprived plaintiffs of crucial evidence to which they were entitled and have caused them prejudice, as they cannot adequately address them in this case – which they clearly have a right to do,” wrote Judge Becerra in her order.
In her order, Judge Becerra allowed Sony to establish one of two elements of copyright infringement, specifically the presumption that Vital copied the music included in the social media videos, and that the videos reached as many people as other posts on his social media accounts, though Sony has yet to prove ownership of the music.
Vital said he shouldn’t be disciplined because he ‘inadvertently’ didn’t keep social media videos, but was still able to provide videos and screenshots of others, according to the order of Judge Becerra.
Judge Becerra ordered the parties to meet to determine “reasonable” attorney’s fees and ordered Sony to provide an invoice to Vital within 30 days of its order.
Sony Music is represented by Pryor Cashman partners David C. Rose and James G. Sammataro.
Read all Law360 story using the link below (subscription may be required).
The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.
POPULAR ARTICLES ON: United States Intellectual Property
To print this article, all you need to do is be registered or log in to Mondaq.com.
As part of its copyright infringement lawsuit against Bang Energy Drink maker Vital Pharmaceuticals, Pryor Cashman’s client Sony Music Entertainment’s sanctions claim against Bang was granted in the Southern District of Florida by US Magistrate Judge Jacqueline Becerra.
Judge Becerra’s order sanctioned Bang for failing to turn over videos and social media data in connection with the discovery in
Sony Music Entertainment et al. vs. Vital Pharmaceuticals Inc. et al.
The judge noted that the beverage maker “should have preserved this data, notified all other custodians to do the same and implemented appropriate measures for such preservation during the discovery period” and ordered them to pay the fees lawyer at Sony.
In his coverage of the decision, Law360Noted:
Sony said Vital had a duty to preserve the evidence, which includes a set of 22 videos posted to Vital’s social media accounts and another set of 171 containing engagement data that allegedly shows the extent of the breach of the copyright, which Sony needs to prove damages.
“Such actions have deprived plaintiffs of crucial evidence to which they were entitled and have caused them prejudice, as they cannot adequately address them in this case – which they clearly have a right to do,” wrote Judge Becerra in her order.
In her order, Judge Becerra allowed Sony to establish one of two elements of copyright infringement, specifically the presumption that Vital copied the music included in the social media videos, and that the videos reached as many people as other posts on his social media accounts, though Sony has yet to prove ownership of the music.
Vital said he shouldn’t be disciplined because he ‘inadvertently’ didn’t keep social media videos, but was still able to provide videos and screenshots of others, according to the order of Judge Becerra.
Judge Becerra ordered the parties to meet to determine “reasonable” attorney’s fees and ordered Sony to provide an invoice to Vital within 30 days of its order.
Sony Music is represented by Pryor Cashman partners David C. Rose and James G. Sammataro.
Read all Law360 story using the link below (subscription may be required).
The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.
POPULAR ARTICLES ON: United States Intellectual Property