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ABC, Inc. v. Primetime 24, Joint Venture

Date: 04-19-1998

Case Number: 97CV00090

Judge: Bullock

Court: United States District Court for the Middle District of North Carolina

Plaintiff's Attorney: Reid L. Phillips of Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, North Carolina, and Wade Hampton Hargrove of Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Raleigh, North Carolina

Defendant's Attorney: W. Andrew Copenhaver of Womble, Carlyle, Sandridge & Rice, Winston-Salem, North Carolina; Pressly McAuley Millen of Womble, Carlyle, Sandridge & Rice, Raleigh, North Carolina; Andrew Z. Schwartz, Stephen B. Deutsch, Richard M. Brunell, and Daniel H. Haines of Foley, Hoag & Eliot, L.L.P., Boston, Massachusetts, for Primetime 24, Joint Venture, defendants;

James Henry Jeffries, IV, of Amos & Jeffries, L.L.P., Greensboro, North Carolina

Description:

Copyrights - Intellectual Property - Satellite Home Viewer Act - Plaintiff, ABC, filed action alleging violation of the Satellite Home Viewer Act ("SHVA"), 17 USC sec. 119, and sought declaratory judgment and injunctive relief as well as attorney's fees and costs. Plaintiffs alleged that the defendant enagaged in willful practice of transmitting ABC programming to households ineligible for such service under the SHVA. The viewing area in question was designated to the WTVD affiliate of ABC. The defendants allegedly broadcasted programming from another ABC affiliate into WTVD's viewing area. Plaintiff claimed that such broadcast was a copyright infringement.

Outcome:

Plaintiff's Verdict - Court granted summary judgment for plaintiff on all of its claims, granted a permanent injunction, found that defendant had not complied with SHVA subscriber requirements, concluded that the violation was part of a willful, repeated pattern of practice and awarded $605,240 in attorney's fees and $65,280.00 in legal expenses and costs.

Plaintiff's Experts:

Unknown

Defendant's Experts:

Unknown

Comments:

Reported at 17 F.Supp.2d 478 (M.D.N.C. 1998). Affirmed by the United States Court of Appeals for the Fourth Circuit. See 184 F.3d 348 (4th Cir. 1999). Award of attorney's fees reported at 67 F.Supp.2d 558 (M.D.N.C. 1999). Reported by C.H.

About This Case

What was the outcome of ABC, Inc. v. Primetime 24, Joint Venture?

The outcome was: Plaintiff's Verdict - Court granted summary judgment for plaintiff on all of its claims, granted a permanent injunction, found that defendant had not complied with SHVA subscriber requirements, concluded that the violation was part of a willful, repeated pattern of practice and awarded $605,240 in attorney's fees and $65,280.00 in legal expenses and costs.

Which court heard ABC, Inc. v. Primetime 24, Joint Venture?

This case was heard in United States District Court for the Middle District of North Carolina, NC. The presiding judge was Bullock.

Who were the attorneys in ABC, Inc. v. Primetime 24, Joint Venture?

Plaintiff's attorney: Reid L. Phillips of Brooks, Pierce, McLendon, Humphrey & Leonard, Greensboro, North Carolina, and Wade Hampton Hargrove of Brooks, Pierce, McLendon, Humphrey & Leonard, L.L.P., Raleigh, North Carolina. Defendant's attorney: W. Andrew Copenhaver of Womble, Carlyle, Sandridge & Rice, Winston-Salem, North Carolina; Pressly McAuley Millen of Womble, Carlyle, Sandridge & Rice, Raleigh, North Carolina; Andrew Z. Schwartz, Stephen B. Deutsch, Richard M. Brunell, and Daniel H. Haines of Foley, Hoag & Eliot, L.L.P., Boston, Massachusetts, for Primetime 24, Joint Venture, defendants;James Henry Jeffries, IV, of Amos & Jeffries, L.L.P., Greensboro, North Carolina.

When was ABC, Inc. v. Primetime 24, Joint Venture decided?

This case was decided on April 19, 1998.