Plaintiffs Jules Jordan Video, Inc. and Jules Jordan on Feb. 27 successfully defeated the motion of defendant Alain Elmaleh to dismiss Jordan's federal copyright lawsuit. Elmaleh had claimed in his motion that the U.S. District Court for the Central District of California, sitting in Los Angeles, did not have personal jurisdiction over him, or his Canadian company, Kaytel Video, Inc. Elmaleh and Kaytel and all the other defendants will now have to stand trial in Los Angeles.
In the complaint (Case Number, CV 05-6771 DT), Jordan and his company contend that Kaytel Video Distribution; www.kaytelvideo.com; Elmaleh; Jacky’s One Stop Distribution, Inc.; and Sylnet Distribution, Inc. are liable for copyright infringement of Jordan’s DVDs, and for the violation of several California statutes.
Elmaleh issued this statement to AVN.com on behalf of Kaytel, “With regard to the California case, the Canadian defendant Kaytel and Mr. Elmaleh strongly deny the allegations of copyright infringement, and are confident that when the case is heard by the court, it will be dismissed. The case has been based on false and forged documents which will be brought to the attention of the court.”
Additionally, on Feb. 27, the Court granted, with prejudice, Jules Jordan Video, Inc.’s motion to dismiss Count One of Elmaleh and Kaytel’s counterclaim, the Court holding that this count failed to state a claim.
In this action Jordan and his company allege that the defendants knowingly engaged in the counterfeiting and distribution of pirated Jules Jordan videos. The complaint seeks unspecified damages and injunctive relief. A Temporary Restraining Order had previously been granted by the U.S. Federal District Court along with a Seizure Order for the immediate impound of counterfeit copies of Jules Jordan Video, Inc.’s copyrighted works in the defendants' custody, control and possession.
The lawsuit reflects Jules Jordan Video, Inc.'s zero tolerance policy for copyright infringement. Jules Jordan Video, Inc. will continue to aggressively pursue all who infringe upon its intellectual property rights through all available legal means.
