BALTIMORE, MARYLAND, UNITED STATES, September 21, 2022 /EINPresswire.com/ — In 2018, the creators of 12 O’Clock Boyz, Taje Monbo and Deafueh Monbo filed a copyright and trademark infringement lawsuit in opposition to Lotfy Nathan, Oscilloscope Laboratories, Sony Pictures Entertainment, Overbrook Entertainment, Will Smith, and others looking for damages and a declaratory judgment that the copyright registration to Nathan’s 12 O’Clock Boys movie is invalid as a result of Nathan allegedly obtained the copyright registration by fraud.
The Monbos contend that “Nathan falsified his copyright application and fraudulently claimed that his 12 O’Clock Boys is an original work by not disclosing to the Copyright Office that his film included pre-existing footages and excerpts from the Monbos’ copyrighted 12 O’Clock Boyz 2001 and 2003 films.”
According to courtroom paperwork, Nathan additionally utilized for the copyright registration to his 2013 documentary naming his firm, Red Gap, because the creator of his movie. However, Red Gap didn’t exist on the time Nathan filmed his 2013 documentary.
In 2019, the Monbos filed a movement requesting that the Court search the advise of the Copyright Office on whether or not the Copyright Office would have rejected Nathan’s copyright software if the Copyright Office knew that Nathan’s movie included pre-existing footages and excerpts from the Monbos’ copyrighted 12 O’Clock Boyz 2001 and 2003 movies.
“Without a legitimate copyright, it is clear that Nathan infringed on our copyrights. This is why we asked the Judge to issue the request to the Register of Copyrights,” mentioned Deafueh Monbo.
In the previous, federal judges have issued a request to the Register of Copyrights relating to the validity of a copyright, most notably in the landmark case Velazquez-Gonzalez v. Pina.
“For three years, Judge Brodie refused to issue our request to the Register of Copyrights in order to influence the case,” mentioned Monbo.
Earlier this month, the Monbos filed a Petition for a Writ of Mandamus in opposition to Judge Margo Ok. Brodie in the upper courtroom. The Petition for a Writ of Mandamus is looking for an order from the upper courtroom to compel Judge Brodie to situation the necessary request to the Register of Copyrights regarding Nathan’s copyright.
A movement to recuse Judge Brodie from the case additionally seems on the courtroom docket. No ruling has been made as of but.
The case is Monbo et al. v. Nathan et al., U.S. District Court, Eastern District of New York, Case No. 1:18-CV-05930. The Petition is In Re: Deafueh Monbo, U.S. Court of Appeals for the Second Circuit, Petition No: 22-1957.
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