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from www.bloombergnews.com - John Stagliano Inc., an adult filmmaker doing business as Evil Angel Productions Inc., has filed two suits against unnamed defendants who allegedly used BitTorrent file-sharing protocol to distribute and view unauthorized copies of one of its films.
What makes the cases novel is that the suits are alleging trademark infringement rather than the more usual allegation of copyright infringement.
According to the complaints filed April 19 in federal court in Philadelphia, the unnamed defendants infringed the Evil Angel trademark, which is embedded in the film. They did so by distributing identical copies of the marked film using BitTorrent.
In one suit Stagliano lists 12 unnamed defendants, and another 17 in a second suit. The filmmaker says the defendants were located geographically within the court’s area of jurisdiction through the use of geotracker software.
The filmmaker asked the court to order the defendants to quit infringing the trademark through unauthorized distribution of the film, and for awards of money damages, attorney fees and litigation costs. Additionally, Stagliano seeks a court order for the removal of the file from each computer under the defendants’ control.
One case is John Stagliano Inc. v. John Does 1-12, 2:12-cv- 02087-RBS, U.S. District Court, Eastern District of Pennsylvania (Philadelphia). The other case is John Stagliano Inc. v. John Does 1-17, 2:12-cv-02080-JD, U.S. District Court, Eastern District of Pennsylvania (Philadelphia).
