EsNtion Files Civil Suit Vs. JonesTM
August 11, 2008 at 2:28 PM (PT)
ESNTION RECORDS has filed a civil suit against JONESTM for allegedly illegally distributing ESNTION copyrighted music and video recordings produced exclusively for the ESNTION, ESNTION LATINO, ESNTION SILVER and FOREVER SOUL labels. Most, if not all of the alleged infringing activities occurred prior to EsNtion’s full release of the copyrighted music and video recordings, which ESNTION asserts significantly increased damages caused by JONESTM’s infringing activities.
"This is a case of a GOLIATH company willfully trying to stomp on the rights of a DAVID," ESNTION RECORDS Pres. BILL MCCORMICK said. "We all know how that turned out."
According to its statement. ESNTION first discovered JONESTM was distributing its intellectual property without authorization or license in MARCH 2007. "Despite being instructed to cease and desist, JonesTM continued to unlawfully distribute ESNTION music and videos," ESNTION counsel WENDY B. MILLS said.
"Every time JONESTM has illegally sold ESNTION music and videos, it has taken money and profits from our company -- money I'm not able to pay artists, songwriters, and publishing companies," MCCORMICK added.
The lawsuit also alleges JONESTM has engaged in unfair competition and infringed upon ESNTION’s trademark, damaging the label’s business. "As a result, we will seek actual damages which include lost profits and lost business opportunities, along with the maximum amount of statutory damages available under the Copyright Act for those songs that qualify for statutory damages," MILLS said. "With respect to those songs for which we seek statutory damages, we intend to further show that JONESTM’s activities were willful, and will seek additional damages for willfully infringing upon ESNTIONS’ copyrighted music recordings."
JONES/TM Pres. DAVID GRAUPNER was less than intimidated by the action. "It's kinda old news," he told ALL ACCESS. "They filed this frivolous claim in 2007. We look forward to litigating this matter in Federal court. Nonetheless, we respect EsNTION's wishes and will continue to refrain from using any EsNTION product on any of the 5,400+ radio stations we program."