CYBERSPACE—Pink Visual parent Ventura Content is appealing rulings made in two copyright infringement cases that were originally filed by the company in 2011 and 2012. In one of the cases, filed in July 2011 against Motherless Inc, which operates user-generated content site motherless.com, Ventura has two cases pending in the Ninth Circuit challenging rulings made by the District Court Judge Stephen V. Wilson, including his July 15 order dismissing the case without prejudice.
The other copyright infringement case was filed by Ventura in August of last year against UGC Internet Ventures and Sobonito, which operate the tube sites pornbanana.com and shufuni.com. On August 13, 2013, however, U.S. District Judge Timothy C. Batten ruled for the defendants, dismissing the plaintiff’s complaint without prejudice after finding that Ventura should have filed in Cyprus.
“There is no reason to believe that Ventura cannot re-file its complaint in Cyprus without undue inconvenience or prejudice,” he wrote. “Indeed, Defendants have agreed to submit to service of process in Cyprus, and there would be no question as to a Cypriot court’s jurisdiction over them. Therefore, Defendants have met their burden of showing the absence of undue inconvenience or prejudice to Ventura.”
Last week, Ventura filed a Notice of Appeal with the trial court, indicating its intent to seek redress of Batten’s ruling with the Eleventh Circuit Court of Appeals.
On Friday, the court transmitted the Notice and Appeal along with the docket report to the appeals court.
