Strike 3 Holdings has filed another 18 cases in New Jersey. It seems they are only becoming more efficient at filing cookie cutter lawsuits across the country, demanding thousands in settlement payments from internet subscribers.
Strike 3 Holdings owns the rights to the adult film brands Tushy, Vixen, Blacked, and Blacked Raw. They use overseas investigators to record IP addresses associated with downloading and sharing the Plaintiff’s films. Once an IP address has been observed downloading multiple films, the Plaintiff then sues the alleged infringer as a “John Doe”. They then subpoena the internet service provider (e.g., Comcast, Verizon, Optimum Online, Time Warner, etc.) and compel them to identify the subscriber behind the IP address. The Plaintiff typically names the subscriber as the Defendant and then serves them with a summons and complaint.
Often, a subscriber first learns the lawsuit when they receive a letter from their ISP notifying them of the subpoena and the ISP’s obligation to release their identity unless the subscriber files a Motion to Quash – a request to the courts to stop (or “quash”) the subpoena. Motions to Quash are complex in these cases as the subpoena is between the Plaintiff and the ISP, meaning the subscriber is a third party. If a subscriber wishes to remain anonymous, it is important to secure representation as soon as possible.
These notices are serious. If you do not respond, your ISP is obligated to provide your identity to the Plaintiff, which allows them to serve you with a summons and complaint. Once you are served, you typically have 21 days to respond in Federal court. If you do not respond to the complaint in court, the Plaintiff can ask for a default judgement, where damages can be in the $1,000s per infringement plus attorneys fees and costs.
For more information on what these lawsuits mean for internet subscribers, please check out our FAQ section.
Many defendants wish to defend anonymously because federal civil lawsuits are generally public record and easily searchable. For those who wish to minimize the suit’s effect on their private and professional lives, it is vital they retain counsel without delay.
If you have received a notice in one of these cases, please don’t hesitate to call me immediately at 888.801.8681. If calling after-hours, please leave a message; I do return calls after-hours.
I have years of experience defending file-sharing lawsuits and can help you achieve the best outcome possible. I have defeated several copyright plaintiffs in lawsuits around the U.S.; I also fought Malibu Media in their first trial. I’ve represented over 600 defendants in both settling and litigating file-sharing lawsuits. I’ve written a subpoena defense guide for your information, as well.
I look forward to speaking with you and helping you put this matter behind you. Please don’t hesitate to call. 888.801.8681.