CLARKSBURG — Joe Hand Promotions Inc. filed three lawsuits against businesses it claims pirated sporting events to show at their bars.
The lawsuits name Bittinger's Sports Grill LLC, Jason O. Bittinger and Joseph A. Bittinger Jr.; K.B.G. Inc., which is doing business as Derby Bar & Grill and William Lee Jones; and Copper House Grill, Albert J. DeFrance and William Oliver as defendants.
Joe Hand Promotions held the exclusive commercial distribution rights to "Deontay Wilder vs. Tyson Fury II" on Feb. 22, 2020, including all undercard bouts and commentary, according to the three complaints filed in U.S. District Court for the Northern District of West Virginia.
Joe Hand Promotions is a company that specializes in distributing and licensing premier sporting events to commercial locations such as bars, restaurants, lounges, clubhouses and similar establishments.
"Over the years, Plaintiff has invested a considerable amount of time and money in building a loyal customer base and retaining customers," the complaints state. "By contract, Plaintiff was granted the exclusive right to license and distribute the Program to commercial establishments throughout the United States. The Program broadcast originated via satellite uplink and was subsequently re-transmitted interstate to cable and satellite systems via satellite signal."
The plaintiff entered into subsequent agreements with various commercial establishments in West Virginia that, in exchange for a fee, allowed them to exhibit the program to their patrons, according to the suits.
Joe Hand Promotions claims in consideration of the agreements, it expended substantial monies to market, advertise, promote, administer and transmit the program to those establishments.
"Prior to the broadcast of the Program, Defendants could have contracted with Plaintiff and purchased authorization to exhibit the Program in the Establishment for a fee," the complaints state. "However, Defendants chose not to contract with Plaintiff or pay a fee to Plaintiff to obtain the proper license or authorization. At no time did Plaintiff give Defendants license, permission or authority to receive and exhibit the Program in the Establishment."
Joe Hand Promotions claims by unauthorized satellite transmission or, alternatively, by unauthorized receipt over a cable system, the defendants willfully intercepted or received the interstate communications of the program or assisted in such actions.
The defendants then unlawfully transmitted, divulged and published said communications, or assisted in unlawfully transmitting, divulging and publishing said communications to patrons in their establishments, according to the suits.
"Defendants pirated Plaintiff’s licensed exhibition of the Program and infringed upon Plaintiff’s exclusive rights while avoiding proper authorization and payment to Plaintiff," the complaints state. "Defendants’ actions were committed willfully and with the purpose and intent to secure a commercial advantage and private financial gain."
Joe Hand Promotions is seeking statutory damages of up to $110,000 each. It is represented by Zachary D. Eddy of Taft Stettinius & Hollister in Dayton, Ohio.
The cases are assigned to U.S. District Judge Thomas Kleeh.
U.S. District Court for the Northern District of West Virginia case numbers: 1:23-cv-00020, 1:23-cv-00021, 1:23-cv-00022
