Civil Practice – Standing – Boxing Match — Unlawful Interception

Civil Practice – Standing – Boxing Match — Unlawful Interception (access required)

J&J Sports Productions, Inc. v. Hernandez In support of claims under 47 U.S.C. §§ 553 and 605, which prohibit unlawful interception of wire transmissions, plaintiff’s complaint alleges that plaintiff had exclusive distribution rights to the Sept. 19, 2009 boxing match between Floyd Mayweather and Juan Manuel Marquez (the Program), that plaintiff entered into “sublicensing agreements with various commercial entities ... by which it granted these entities ... the rights to publicly exhibit the Program to the patrons within their respective establishments,” and that defendant intercepted and unlawfully exhibited the Program without plaintiff’s authorization. Further, the complaint requests damages pursuant to 47 U.S.C. §§ 553(b)(2) and 605(e)(3)(ii). Plaintiff thus has alleged facts sufficient to establish that it suffered financial harm, that defendant’s actions caused that harm, and that a favorable decision in the instant case would redress that harm.

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