Private Refiles DrTuber Infringement Suit in Florida

May 16, 2012 5:30 PM PST

MIAMI — Private Media Group today refiled a copyright infringement suit against DrTuber.com and operator Igor Kovalchuk in Florida.

In March, a federal judge rejected the same suit in Iowa against the tube site and Kovalchuk because Private didn't have "sufficient minimum contacts" in the state to satisfy due process and permit the exercise of personal jurisdiction over defendants.

The new suit, filed at U.S. District Court in Miami, is a Xerox copy of the previous one waged in Iowa, alleging that DrTuber.com streamed 31 of Private's videos.  

The Florida suit also alleges DrTuber and Kovaluchuk's ties to the state — the defendants have a registered DMCA agent in the state, and they utilize a third-party provider and domain name registrar there as well.

Private, in its complaint through its Fraserside IP unit, asserts that DrTuber's business model isn't legitimate.

"An illegitimate business model based on unauthorized use of competitors’ goods, at zero out-of-pocket cost to defendants, will be able to drive out legitimate competitors, undermining the very heart of the constitutional basis for copyright protection," the suit said.

Attorney Chad Belville, who represents Private's Fraserside unit, said that he is ready to once again take on the tube site over alleged infringement.

"DrTuber thought they had won when they got the case dismissed out of Iowa on jurisdictional grounds," Belville told XBIZ. "They don't understand how persistent Fraserside will be.

"Fraserside will pursue those that infringe on its intellectual property until a jury renders a verdict and the collection agents seize the last paperclip from their office."

Private is asking for $4.65 million in damages, as well as attorneys fees and court costs.

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