El reconocido artista Bad Bunny, ha presentado una demanda contra un fanático que subió ilegalmente vídeos de sus conciertos a YouTube. La demanda exige una compensación significativa, con Bad Bunny solicitando $150 000 por cada vídeo publicado sin autorización.
A continuación compartimos el documento completo.
UNITED STATE DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO/OAKLAND DIVISION
BENITO ANTONIO MARTINEZ OCASIO
p/k/a Bad Bunny,
Plaintiff,
v.
ERIC GUILLERMO MADRONAL GARRONE,
an individual; and DOES 1 through 25, inclusive,
Defendants.
Case No. 3:24-cv-1442
COMPLAINT FOR:
(1) COPYRIGHT INFRINGEMENT
(2) VIOLATION OF ANTIBOOTLEGGING STATUTE, 17 U.S.C. § 1101
(3) FALSE ENDORSEMENT
REQUEST FOR JURY TRIAL
Plaintiff Benito Antonio Martinez Ocasio, p/k/a Bad Bunny, brings this Complaint against Defendant Eric Guillermo Madronal Garrone and Does 1–25 and alleges as follows:
NATURE OF ACTION
1. This is an action for copyright infringement under 17 U.S.C. § 501, violation of the anti-bootlegging provisions in 17 U.S.C. § 1101, and false endorsement under the Lanham Act, 15
U.S.C. § 1125, resulting from Defendant Eric Guillermo Madronal Garrone’s unauthorized recordings of a live Bad Bunny musical performance and publicly posting those videos online on Garrone’s YouTube channel, YouTube.com/MADforliveMUSIC.
JURISDICTION
2. This Court has subject matter jurisdiction over this action under 28 U.S.C. § 1331 (federal question), 28 U.S.C. § 1338(a) (acts of Congress relating to copyrights and trademarks), and 15 U.S.C. § 1121 (actions arising under the Federal Trademark Act).
VENUE AND DIVISIONAL ASSIGNMENT
3. Venue in this judicial district is proper under 28 U.S.C. §§ 1391(b) because Garrone agreed to submit to the judicial district where YouTube is located, i.e., in San Mateo County. See Exhibit B attached hereto. Venue is also proper in this district under 28 U.S.C.
§ 1391(c)(3) because, on information and belief, Garrone resides in Spain.
4. Assignment to the San Francisco or Oakland Division is appropriate under Civil L.R. 3-2(c)–(d) because Garrone has agreed to submit to venue in San Mateo County.
PARTIES
5. Benito Antonio Martinez Ocasio, known professionally by his stage name “Bad
Bunny,” is a hugely popular Puerto Rican rapper, producer, performer, and songwriter. Ocasio enjoys a vast global fan base, with 47.6 million subscribers to his official YouTube channel alone.
Among many other accolades, Ocasio has been awarded three Grammy Awards and eleven Latin Grammy Awards; performed at the Superbowl LIV halftime show in 2020; was named by Time magazine as one of the 100 most influential people in the world on their annual list in 2021; and was Spotify’s most streamed artist of the year in 2020, 2021, and 2022, and second most streamed in 2023. As of the end of 2023, Bad Bunny’s 2022 album Un Verano Sin Ti was the most streamed album ever, with more than 14 billion streams.
6. Defendant Eric Guillermo Madronal Garrone is an individual who resides in Madrid, Spain. Garrone is the founder and owner of the YouTube channel MADforliveMUSIC, available online at https://www.youtube.com/@MADforliveMUSIC. As is relevant herein, the videos available on the MADforliveMUSIC YouTube channel were recorded and posted by Garrone, potentially in concert with the Doe Defendants.
7. The true names or capacities, whether individual, corporate, or otherwise, of the defendants named herein as Does 1 through 25, inclusive, are unknown to Ocasio, who therefore sues those defendants by those fictitious names. Ocasio reserves the right to ask leave of court to amend this complaint and insert the true names and capacities of those defendants when they have been ascertained.
8. Plaintiff is informed and believes, and on that basis alleges, that each of the
defendants designated herein as a “Doe” is legally responsible in some manner for the events herein alleged, and that Plaintiff’s harm and damages as alleged herein were proximately caused by those defendants.
GENERAL ALLEGATIONS
A. BAD BUNNY Trademark
9. Since as early as 2016, Ocasio has used the stage name Bad Bunny to identify himself in the music and entertainment industry and to distinguish himself from other professional musical performers. In 2021, Ocasio filed an application with the U.S. Patent and Trademark Office to register his BAD BUNNY trademark in International Class 41 for use in connection with entertainment services by a musical artist, songwriter, and producer, namely, musical compositions, production of musical sound recordings, and live and filmed performances. Ocasio’s application matured to registration on December 19, 2023, and was assigned U.S. Registration No. 7,245,510 (the “Bad Bunny Registration”).
10. Among many other uses, Ocasio uses the BAD BUNNY mark to identify, advertise, and promote the official Bad Bunny YouTube channel, available online at https://www.youtube.com/channel/UCmBA_wu8xGg1OfOkfW13Q0Q.
[Continúa…] Bad Bunny demanda fanático
