Today, we take a look at sections of the latest lawsuit / complaint filed against Adlife Marketing & Communications Co, Inc. As stated previously, I will be stating my opinion and not dispensing any legal advice whatsoever.
I’m not sure this lawsuit will be able to stand up in a court, being as “MyWebGrocer” was not the entity to receive the copyright extortion demand letters, it was their clients. However, it certainly seems that Adlife Marketing President Joel M. Albrizio was more than happy to try to extract monies from MyWebGrocer, that is until he discovered they were not willing to pay, then he shifted tactics. It will be interesting to see how the judge handles this.
Note: any emphasis below is made by me
11. Upon receiving the Notices, MyWebGrocer researched the Brisket Photograph and determined that it had obtained rights in the Brisket Photograph as a result of an acquisition of certain business assets in 2003.
Above MyWebGrocer states they own the rights to the image via the acquisition of another business. This may or may not be true. The issue I see here is we don’t know who owned the images before the acquisition. The original company may have had a license for the image but was that license transferable during the sale?? At the very least, if the license was not transferred over, MyWebGrocer would certainly not be held accountable for “willful infringement” nor would the MyWebGrocer clients.
13. On September 9, 2016, Adlife claimed ownership of Copyright Registration No. VA0002012581, which is a group registration dated August 5, 2016 for 135 photographs created in 1999, without proof that said registration actually covered the Brisket Photograph in question.
Always seems to be an issue, no one ever knows whats included in a group registration, and obviously Adlife Marketing & Communications along with slime ball Joel M. Albrizio can’t be taken at their word.
15. Adlife responded on September 14, 2016, claiming it had provided “copyright information” to MyWebGrocer already, and stating that it was “processing further instances” of infringement. Adlife threatened to contact MyWebGrocer customers directly if MyWebGrocer did not “work with” Adlife.
Joel M. Albrizio shows his true colors in the above and shows us all what a dirty scum-bag he can be…Greedy, Vindictive, Overall DoucheBag (IMHO)
20. On November 2, counsel for MyWebGrocer requested that Adlife provide Certificates of Registration and corresponding deposit materials for each of the Accused Images. To date, Adlife has not provided this information.
Gee, I wonder why. Could it be that it doesn’t exist? Or could it be that Joel M. Albrizio really believes its up to the other side to prove their innocence? My take is a little of both. There may be a bunch of group registrations but no one at Adlife knows what images are included with no way to figure it out. Total speculation on my part, but I have a theory, which I may or may not share later.
21. Although further correspondence was exchanged, the negotiations reached an impasse when Adlife insisted that MyWebGrocer make a damages payment of $7,500 and enter into a license going forward with Adlife covering all of Adlife’s prepared foods images database, for a minimum term of 36 months at a cost of $999 per month.
This is most likely the most absurd thing I’ve ever heard! Joel Albrizio is trying to get MyWebGrocer to pay him $43,464.00 for infringements that may never have occurred on images that Adlife might not even own!! This asshole is so off his rocker in my opinion, I actually almost feel sorry for him. Well maybe I don’t. Maybe he should just go get a fucking job at Walmart being a greeter, thus becoming a productive part of society. Meh, another pipe dream. He appears to be so full of himself, he’ll likely always be an asshole.
23. On November 8, following the breakdown in negotiations, Adlife stated in an email to counsel for MyWebGrocer that the file would be turned over to “Jack Pirizzollo of Sidley Austin,” who would handle the case, and further stated that “this is likely to become something much larger very quickly.” A redacted copy of this email correspondence exchange is attached as Exhibit D.
Do I see yet another veiled threat here?? I think so. More on Jack Pirizzollo of Sidley Austin later, I’m thinking he deserves his very own post. And you know why? Cause I’m nice like that!
The definition of extortion is: “the practice of obtaining something, especially money, through force or threats.”
Extortion (also called shakedown, out-wrestling, and exaction) is a criminal offense of obtaining money, property, or services from an institution, through coercion.
24. On November 18, Adlife sent an email to counsel for MyWebGrocer stating that “Adlife has decided to pursue the willful infringement claims individually one retailer at a time.” A redacted copy of this email correspondence exchange is attached as Exhibit E.
If this is indeed true, this suit filed by MyWebGrocer, may not last long and may likely be dismissed. Each retailer will either have to “team up” and file a new suit collectively, or they can each file their own suits requesting a declaratory judgement, and at that point the counsel for MyWebGrocer can enter a Motion to Intervene, to assist their retail clients. This will certainly be interesting to watch to see where it goes. I think Joel M. Albrizio likes to think of himself as a big tough guy, with power and money, but I doubt he’ll have the balls or the funds to fight off multiple lawsuits that land on his door at the same time.
Adlife Markting and Communications Lawsuit Complaint
Next week, we’ll be looking at and discussing the exhibits, where everyone will get a real feel how Joel M. Albrizio really is. I think at this point in time it’s pretty clear as to where my opinion lies.