(CMR) EventPro, a business that promotes and provides ticketing services to Cayman's entertainment industry, has filed a lawsuit against its main competitor TicketsPlus for copyright infringements.
According to court documents, TicketsPlus has infringed its copyright by copying and communicating to the public variations of EventPro's works without a license.
As a result of these copyright infringements, EventPro said it has suffered loss and damage and is claiming royalties in instances where the copied documents were used. TicketsPlus is accused of copying EventPro's Governing Documents and Tickets and using them to conduct business for over 40 events.
EventPro is asking the court for an injunction to restrain TicketsPlus from infringing copyright in works owned by EventPro, an order for delivery of infringing copies of the works which the defendants have in their possession, an inquiry on damages suffered due to copyright infringement, and an order for payment of all sums found in this inquiry.
According to court documents filed last month, EventPro said TicketsPlus copied EventPro's Governing Documents, published these documents in substantially the same form, and entered into agreements with event providers and website visitors utilizing the terms of the said documents.
“The Defendants' unauthorized copying, publishing, and utilization of the Governing Documents was flagrant. The wording was almost identical (and in one instance, the Defendants had failed to amend the Plaintiff's address in the version of the Governing Documents which they had published),” a writ filed in the Grand Court states.
According to the court document, EventPro's Governing Documents are original literary works created on a work-for-hire basis by S Shivaprasad, Senior Partner of Lexgeon Global Legal Solutions, in December 2016 during the course of his engagement by EventPro. All copyright was assigned to EventPro, and a copyright notice and statement were included on the company's website that all material was protected by copyright.
EventPro is claiming that the profits derived from TicketsPlus' agreements with event providers on the basis of these documents would not have been realized but for the unauthorized copying, publishing, and utilization of the Governing Documents.
It also claims that the profits derived from TicketsPlus' agreements with event providers, or a portion thereof, would otherwise have accrued to EventPro if the documents were not misused.
As a result, EventPro is claiming it is entitled to a reasonable level of royalties on each agreement the TicketsPlus entered into on the basis of the Governing Documents. EventPro said it is also entitled to a reasonable level of the subscription fee for the period of TicketsPlus' misuse of the Governing Documents.
According to court documents, TicketsPlus accrued significant benefit from the unauthorized copying, publishing and utilization of EventPro's Governing Documents in having the benefit of a complex legal framework for their business which they would otherwise not have had the benefit of, and the business deriving therefrom.
The writ also claims that TicketsPlus copied EventPro's tickets and published its own tickets in substantially the same form. TicketsPlus is also accused of relying on the terms of EventPro's tickets in its provision of ticketing services and in realizing profit from consumers in selling those tickets on behalf of event organizers.
As a result, EventPro claims the profits derived from the TicketsPlus' provision of ticketing services would not have been realized but for the unauthorized copying of its tickets. EventPro believes it is entitled to a reasonable level of royalties on each event involving the unauthorized copying, publishing, and utilization of the tickets.