Home » Copyright » Plaintiff Caught in Egregious “Fraud on the Court” / No Attorneys’ Fees for Unrepresented Defendant

Plaintiff Caught in Egregious “Fraud on the Court” / No Attorneys’ Fees for Unrepresented Defendant

Flava Works v. Momient, Case No. 11-CV-6306, Slip Op. (N.D. Ill. Apr. 16, 2013)(Shadur)

Frequent mass copyright plaintiff Flava Works filed suit for copyright infringement against Lee Momient, who is apparently a former “model” and present competing purveyor of (as the Court described it) “truly hardcore pornographic materials.”  In his answer, Momient asserted an affirmative defense that he, and not Flava Works, owned the contested materials.  In response, Flava Works produced a “commission work agreement” with Momient’s signature on it that established Flava Works ownership of the materials.  While the Court initially accepted this document, Momient apparently proved to the Court’s satisfaction that the agreement was indisputably a forgery.

Interestingly, at least as of the time of this opinion, the main sanction envisioned by the Court is dismissing Flava Works suit with prejudice.  As Mr. Momient is unrepresented, he cannot recover attorneys’ fees.  However, the Court did leave open the possibility of investigating Flava Works attorney, and noted that attorney client privilege would not stop such an inquiry.

An interesting development for sure.


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