The early morning raid ordered by the U.S. District Court for the Southern District of New York and conducted by a team of U.S. Marshals raided and seized the inventory from the defendant, B&B Bookstore at 116 Christopher Street, New York, NY.
The defendant was unavailable for comment at press time.
Pitbull served a civil lawsuit against the retailer for engaging in the duplication, importation, distribution, and/or sale of unauthorized merchandise infringing upon copyrighted and trademarked properties.
The complaint was filed in Federal Court for the Southern District of New York and signed by Judge Andrew J. Peck. The action resulted in a broadening investigation that eventually uncovered the counterfeiter, Pitbull executive vice president Bruce Fleming said.
“Pitbull worked tirelessly to obtain sufficient evidence for the Federal Court to approve the raid, including long-term undercover operations which yielded information that many of the major adult gay movie studios had DVDs that were being bootlegged.”
The company said that among claims asserted are those under the Latham act “…for causing confusion, mistake and deception …”and that the defendants had unlawfully used Plaintiff’s “trademarks and copyrights in interstate commerce.” It is the infringement of trademark which constitutes false designation and false advertising, Pitbull said.
The company seeks to determine all parties, persons and entities involved in the counterfeiting, illegal distribution and sale of their DVDs.
“These egregious acts of corporate terrorism will not be tolerated and the Plaintiffs have implored every legal means at their disposal to apprehend and prosecute all those involved,” Fleming said.
Pitbull said it was granted a sweeping order from the Federal Court in New York restraining the defendants from the sale of the counterfeit DVDs and the Court also ordered the U.S. Marshals to seize and raid the establishment for purposes of confiscating the counterfeit DVDs, including computers, duplicating equipment, etc.
Forensic computer technicians will analyze the contents of all computers seized in the raid. The Court also asked that a Pitbull executive accompany the U.S. Marshals to help identify all goods to be seized.
“The increased proliferation of counterfeit merchandise and DVD piracy of adult male entertainment properties has gone on for far too long,” Fleming said.
He added, “The time has come to take a stand against the flood of cheap knockoffs and blatant bootlegs. The vendors who sell pirated DVDs are causing huge economic losses for legitimate businesses.”
The company is urging consumers and retailers to contact Pitbull at email@example.com to report other retailers or distributors suspected of selling counterfeit DVDs.