Two of the lawsuits were filed in the U.S. District Court for the Northern District of West Virginia and one was filed in the U.S. District Court for the Southern District of West Virginia.
The defendants are the Millstone Bar and Grill Inc., Evangeline Metz-Darling, Virginia M. Metz, John H. Sorrell and Curt Hall; B’s Bar LLC and Gregory W. Bee; and Gifford’s Inc. and Gifford D. Purdue.
Joe Hands claims it held the exclusive commercial distribution rights to three broadcasts: Ultimate Fighting Championship 182: Jones v. Cormier, Ultimate Fighting Championship 183: Silva v. Diaz and Ultimate Fighting Championship 190: Rousey v. Correia, which were telecast nationwide on Jan. 3, 2015, Jan. 31, 2015 and Aug. 1, 2015, according to three complaints filed May 4 in federal courts.
The plaintiff is a company that specializes in distributing and licensing premier sporting events to non-residential locations such as bars, restaurants, lounges, clubhouses and similar establishments. Since 2001, Joe Hands has been the exclusive domestic distributor for the world’s premier mixed martial arts promotion company, the Ultimate Fighting Championship, according to the suits.
Joe Hands claims by contract, it was granted the exclusive right to license and distribute the programs to establishments throughout the United States and it entered into agreements with various establishments in West Virginia that, in exchange for a fee, allowed them to exhibit the program to their patrons.
On the days of the events, the defendants “either by satellite transmission or through unauthorized receipt over a cable system,” willfully intercepted or received the interstate communication of the programs, according to the suits.
“Defendants then transmitted, divulged and published said communication, or assisted in transmitting, divulging and publishing said communications to patrons” in the establishments, the complaints state.
Joe Hands claims the defendants enabled the patrons within the establishments to view the programs without the license or permission to do so.
The defendants misappropriated the plaintiff’s licensed exhibition of the programs and infringed on its exclusive rights, while avoiding proper payment and intent to secure a commercial advantage and private financial gain, according to the suits.
Joe Hands is seeking statutory damages in the amount of $60,000 for each of the suits for each of the willful violation of U.S. Code. It is being represented by Edmund L. Wagoner and David E. Goddard of Goddard & Wagoner.
U.S. District Court for the Northern District of West Virginia case numbers:1:16-cv-00079, 1:16-cv-00080
U.S. District Court for the Southern District of West Virginia case number: 3:16-cv-04175
