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Are You Breaking Copyright & Trademark Laws at Your Restaurant?

Author: Scarinci Hollenbeck, LLC

Date: April 25, 2014

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If you own a bar or restaurant, broadcasting the upcoming boxing match between Floyd Mayweather and Marcos Maidana may seem like a no brainer.

By attracting people who want to watch the fight, you can increase food and drink sales to help the bottom line. Also, if the opportunity presents itself, it could be tempting to try and intercept the broadcast without paying. However, before making this decision, you should think twice, as getting caught could offset the money made on sales and then some.

Consequences

The unlawful broadcast of pay-per-view events can result in serious penalties, as recently outlined in the case of J&J Sports Productions, Inc vs Joseph Gencarelli, et al. This action violates the federal law prohibiting the unauthorized receipt of radio or television transmissions. The law also states that unlawful breaches for “commercial advantage” or “financial gain” permits much higher statutory damages – this would be the case if your bar illegally broadcasted an event.

The following are the potential penalties for violating this law:

  • A fine as much as $100,000 or more – likely much more than you sales on the day you illegally broadcasted a pay-per-view event
  • The possibility of imprisonment if a criminal conviction is obtained

The upcoming Mayweather vs Maidana fight can be purchased for $64.99, according to Comcast, so if you want to broadcast this boxing match at your bar, it is better to pay the small fee rather than risk violating federal law. This goes for all pay-per-view events as well, as the potential profits made for the audience a boxing match draws can far outweigh the small fee.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

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No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

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