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Flava Works vs. Myvidster.com, Marques Gunter, Salsa Indy, John Does 1-26, Voxel.net DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S THIRD AMENDED COMPLAINT AND COUNTERCLAIMS

Flava Works vs. Myvidster.com, Marques Gunter, Salsa Indy, John Does 1-26, Voxel.net DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S THIRD AMENDED COMPLAINT AND COUNTERCLAIMS

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Published by Flava Works
DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S
THIRD AMENDED COMPLAINT AND COUNTERCLAIMS
DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’S
THIRD AMENDED COMPLAINT AND COUNTERCLAIMS

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Published by: Flava Works on Jun 23, 2011
Copyright:Attribution Non-commercial

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05/12/2014

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 UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF ILLINOIS
Flava Works, Inc., ))Plaintiff, ) Case No. 1:10-cv-06517))v. ))Marques Rondale Gunter )d/b/a ) JURY TRIAL DEMANDEDmyVidster.com,myVidster.com, ) Salsaindy, LLC, )John Does 1-26, using screen names: )Abank, Amaterialhag, Azzfetishfreak, )Blka2cutie, Bootysmell, Brod706, )Cmoneyw, Damon1420, Diamonds, )Fifthcharactermuppet, FuQnHot, )Iiluvbttms76, In4deep, Johnjackson, )Kblkmusicman, Maalik, Nellyhayes, )Neumagic, Nycbigdikknigg2010, )Onlidingding, , Phatboi01, )Sexy909boy, Sexyblk223, )Smilez, Taylormade99, Tazze_t, )Voxel Dot Net, Inc., ))Defendants. )
DEFENDANT’S ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFF’STHIRD AMENDED COMPLAINT AND COUNTERCLAIMS
Defendants Marques Gunter d/b/a myVidster.com and SalsaIndy, LLC (collectively“SalsaIndy”), by their undersigned attorneys, as and for their Answer to the AmendedComplaint against it by Plaintiff Flava Works, Inc., they state as follows:
NATURE OF THE ACTION
1.
 
This is an action for copyright infringement pursuant to the Copyright Act,17 U.S.C. § 101
et seq.;
for trademark infringement pursuant to theLanham Act, 15 U.S.C. § 1051
et seq.,
as amended; for false designationof origin, trade dress infringement, and unfair competition; for trademark 
Case: 1:10-cv-06517 Document #: 58 Filed: 06/22/11 Page 1 of 54 PageID #:1181
 
2infringement and unfair competition arising under the common law of theState of Illinois. Plaintiff brings this action to stop Defendants frominfringing, and promoting, encouraging, enabling and facilitating theinfringement of Plaintiffs copyrights, trademarks and trade dress(collectively “Flava Works’ Intellectual Property”) on the Internet.
ANSWER:
 
SalsaIndy admits only that the Complaint purports to set forth an actionfor copyright infringement pursuant to the Copyright Act, 17 U.S.C. § 101
et seq
.; for trademark infringement pursuant to the Lanham Act, 15 U.S.C. § 1051
et seq
., as amended; for falsedesignation of origin, trade dress infringement, and unfair competition; for trademark infringement and unfair competition arising under the common law of the State of Illinois.SalsaIndy does not have sufficient information to admit or deny the remaining allegations of Paragraph 1 and therefore denies the same.2.
 
Plaintiffs bring this action to stop Defendants from continuing toencourage, enable and profit from the infringement of Plaintiffscopyrights, trademarks and trade dress on the Internet. Defendants havedeveloped and control a network largely dedicated to the repeated andexploitative unauthorized distribution and reproduction of Plaintiffsworks. Defendants provide their users with a fully integrated infrastructurethat connects them to infringing digital files. The website even encouragesusers to infringe by storing copyrighted materials and inviting their friendsto visit the site with links to the copyrighted materials. Defendants arebuilding a business based on the daily massive infringement Defendants’conduct has caused and continues to cause Plaintiffs grave and irreparableharm.
ANSWER:
 
SalsaIndy admits only that Plaintiffs have brought this action and denieseach and every remaining allegation of Paragraph 2.
THE PARTIES
3.
 
Plaintiff is a corporation incorporated under the laws of the State of Florida with its principal place of business at 2610 N. Miami Ave., Miami,Florida 33127, and an office in Chicago, Illinois at 933 W. Irving Park Rd., Ste. C, Chicago, Illinois 60613.
ANSWER:
 
SalsaIndy is without sufficient knowledge to admit or deny the allegationsof Paragraph 3 and therefore denies the same.
Case: 1:10-cv-06517 Document #: 58 Filed: 06/22/11 Page 2 of 54 PageID #:1182
 
3
4.
 
Defendant, Marques Rondale Gunter (hereinafter “Gunter”) created,owns and operates the websiteMyvidster.com(hereinafter“myVidster”). Defendant, Gunter d/b/a myVidster, has created a socialnetworking website through which site members, the Defendant JohnDoes, among others, can bookmark and store files of copyrightedmaterials and videos directly to myVidster and/or post links to thirdparty websites on which the files are available. On information andbelief, Defendant, Gunter, resides in the state of Indiana and Michiganat: 735 Lexington Avenue, Apt. 26, Indianapolis, Indiana 46203 and21022 Reimanville Avenue, Ferndale, Michigan 48220. Defendant,myVidster.com, is a domain name and website owned by Defendant,Gunter.
ANSWER:
 
SalsaIndy admits the allegations of Paragraph 4 only with respect toGunter’s ownership of myVidster.com and residency. SalsaIndy denies each and everyremaining allegation of Paragraph 4.
5.
 
On information and belief, Defendant, SalsaIndy, LLC is an entityformed, owned, controlled, managed and/or operated by Defendant,Gunter, in some connection with myVidster.
ANSWER:
 
SalsaIndy denies the allegations of Paragraph 5 on the basis that the phrase“in some connection with” is vague and not understood.
6.
 
On information and belief, at all relevant times, Defendants, John Does1-26 (hereinafter collectively “John Does” or individually “John Doe1,” “John Doe 2,” etc.), are individuals and/or business entities whosereal identities are currently unknown and whose whereabouts arecurrently unknown. On information and belief, Defendants, John Does1-26, actively contributed to this infringement by posting files, storingvideos, sharing files, and/or posting links on the site.
ANSWER:
 
SalsaIndy is without sufficient knowledge to admit or deny the allegationsof paragraph 6 and therefore denies the same.
7.
 
On information and belief, Voxel Dot Net, Inc. (“Voxel Dot Net”), wasthe domain server that hosted the website,myVidster.comat allrelevant times.
ANSWER:
 
SalsaIndy denies the allegations of Paragraph 7.
Case: 1:10-cv-06517 Document #: 58 Filed: 06/22/11 Page 3 of 54 PageID #:1183

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