PHOENIX, Ariz.—A week ago, AVN reported on the copyright infringement lawsuit filed by Kink.com against Igor Gens and Vancouver, British Columbia-based IG Media, operators of a number of Jizz-related sites, including the flagship tube, YouJizz.com. The story contained comments from the lawyer then representing the defendants, industry veteran Larry Walters.
Two days ago, however, Walters was replaced as counsel by Val Gurvits of the Boston Law Group and John P. Flynn, whose Scottsdale, Arizona-based firm, Dioguardi Flynn LLP, will act as local counsel, AVN has learned.
Walters confirmed late Thursday that he is no longer representing IG Media in the lawsuit, but declined to comment further.
AVN sought comment from Gurvits and Flynn by email. In addition to a verbal or written confirmation that they are on the case, we also wanted to know whether comments made by Walters on behalf of IG Media et al. in our first article about the lawsuit were still applicable, including comment made regarding the claim made in the complaint filed May 24 by Kink.com attorney Chad Bellville that the "Defendant does not meet all requirements for safe harbor."
Flynn replied with the following comment: "I can tell you I was engaged because I have copyright (and specifically DMCA, along with CDA ) litigation experience, including successful trial, 9th Circuit and US Supreme Court (opposing cert) experience as counsel for CCBill and CWIE in the Perfect 10 case. I understand the jurisdictional issues and will address those matters with the Court in this action if this Complaint is ever properly served."
According to Gurvits' profile on his law firm's website, "Prior to attending law school, Mr. Val Gurvits served for more than eleven years in the computer software industry, developing and marketing large-scale software applications for corporate clients. Mr. Gurvits has first-hand expertise in every aspect of operating a technology firm.
"Mr. Gurvits was an associate in the Business Practice Group of Testa, Hurwitz & Thibeault, LLP in Boston, where he represented numerous businesses, including technology companies and venture funds. He is now a co-founding partner of the Boston Law Group, LLP. He has a general business practice assisting clients in a variety of legal issues, including incorporation, business formation, business start-up issues, contracts and agreements, licensing of technology, mergers and acquisitions, financings and intellectual property issues."
According to Flynn's bio, "John Flynn has been recognized as one of Arizona’s Finest Lawyers for 2011 by Arizona’s Finest Lawyers.
"[Flynn] focuses his practice in the areas of civil and commercial litigation and risk management, representing companies engaged in a variety of industries including Internet-based businesses, real estate, insurance, mortgage brokers and banks, contractors, and finance companies. John’s practice areas include copyright (including, but not limited to the Digital Millennium Copyright Act (“DMCA”) and the Communications Decency Act (“CDA”)), trademark, real estate/construction, employment/labor, insurance bad faith and coverage disputes, corporate divorce, officers’ and directors’ liability, breach of fiduciary duty claims, post-merger/acquisition disputes, predatory lending and Truth-in-Lending Act ('TILA'), and administrative law (primarily in the areas of insurance and labor law)."
Underscoring his expertise in issues related to the DMCA, the bio also states that Flynn "was lead counsel [for the defendant] in the seminal DMCA case Perfect 10, Inc. v. CCBill, LLC, 340 F. Supp. 2nd 1077 (C.D. Cal. 2004), aff’d in part, 488 F.3d 1102 (9th Cir. 2007), cert. denied, 129 S. Ct. 709 (2007) (affirming judgment for defendant ISP under the DMCA and CDA)."
AVN will update this story as more information becomes available.
The latest update to this story contains attorney John Flynn's reply to our request for comment.
