Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

J&J Sports Productions Inc. v. Three Blondes Inc.

United States District Court, E.D. Wisconsin

April 10, 2019

J&J SPORTS PRODUCTIONS, INC., Plaintiff,
v.
THREE BLONDES, INC. d/b/a Mavericks, CAROL PETERSON, individually and as an owner of THREE BLONDES, INC., and TODD PETERSON, individually and as an owner of THREE BLONDES, INC., Defendants.

          DECISION AND ORDER FOLLOWING COURT TRIAL

          Nancy Joseph United States Magistrate Judge.

         This action arises under the Communications Act of 1934, as amended, 47 U.S.C. § 605, et seq.[1] J&J Sports Productions Inc. was granted the exclusive nationwide television distribution rights to “Fight of the Century” Floyd Mayweather, Jr. v. Manny Pacquiao Championship Fight Program on May 2, 2015. Defendants admit that they displayed the program at their establishment without paying the commercial rate to J&J Sports, in willful violation of 47 U.S.C. § 605. The sole dispute is the amount of damages due to J&J Sports.

         FINDINGS OF FACT

         The facts of the case are simple and uncontested; the only dispute is over damages.[2]On March 11, 2019, a court trial was held wherein Christann Spannraft, a private investigator, and Thomas P. Riley, corporate counsel for J&J Sports, testified. Spannraft's affidavit was entered into evidence, along with photographs and video taken by Spannraft. (Exs. 1-3.) Pursuant to Federal Rule of Civil Procedure 52(a)(1), the court makes the following findings of fact.

         J&J Sports paid for and was granted exclusive nationwide television distribution rights to “Fight of the Century” Floyd Mayweather, Jr. v. Manny Pacquiao Championship Fight Program (the “broadcast”), which took place on May 2, 2015 and included undercard bouts and the entire television broadcast. (Ex. 5.) J&J Sports then entered into agreements with various commercial entities throughout the United States and Canada allowing them to publicly exhibit the broadcast to their patrons at a set rate depending on the maximum fire code capacity of the establishment. (Rate Card, Ex. 4.) The rate for an establishment with a capacity of 1-100 was $3, 000. (Id.)

         On May 2, 2015, Spannraft, an investigator with Audit Masters, was investigating Mavericks Pub and Grub, 2030 W. Howard Avenue in Milwaukee, as well as other locations in the area to determine if any were showing the broadcast without authorization. At approximately 9:06 p.m. Spannraft entered Mavericks. Spannraft did not pay a cover charge or observe any advertising for the broadcast. Spannraft's affidavit stated that she counted fourteen televisions in the establishment, thirteen of which were showing the broadcast. (Ex. 1 at 3.) There were three big screens. (Id.) Spannraft observed words on the screen identifying “Mayweather/Pacquiao” and saw video of Pacquiao and Mayweather arriving at the arena. (Id. at 1.) Spannraft estimated that there were approximately sixty people in the establishment. (Ex. 1 at 1.) At trial, Spannraft testified that she “did not physically count each person. It was kind of a guesstimate.” (Trial Transcript at 5.) During cross-examination, Spannraft testified as follows:

Q: How did you come up with that number?
A: It was just a brief scan. I noticed the bar itself, the physical bar was full, and I just, you know, kind of looked through and thought okay that's about 25 people, and then when we went in the back room, all of the tables were filled.
Q: Okay. Could it have been less?
A: Perhaps a few.
Q: Maybe 10?
A: Oh, no. It was much --
Q: Okay. It was closer to ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.