The Amusement and Music Owners Association of New York has filed a lawsuit against two amusement companies for violating the copyright it holds on its business contacts.
AMOA-NY filed the suit in the New York State Supreme Court for monetary damages against American Vending, owned and operated by Richard Overals, and Manhattan Amusement, owned and operated by John Cullen.
According to AMOA-NY special counsel Eryn Deblois of Campolo, Middleton, McCormick: “We have proof that these two operators have been willfully, unlawfully using AMOA-NY’s copyright material to unfairly compete in the industry. The compelling evidence is grounds for financial relief being granted to AMOA-NY.”
AMOA-NY is seeking monetary and punitive damages against and is also demanding that both operators cease and desist in their use of contracts at any locations that may infringe on AMOA-NY copyrights. The operators will also have to prove and demonstrate that they are not using these contracts at locations on their routes.
“It is grossly unfair for non-members of AMOA-NY who do not pay dues to take advantage of AMOA-NY’s expertise, efforts and copyrighted business tools - all of which have meant an investment on the part of dues paying members,” said AMOA-NY executive director Danny Frank.
Frank said the AMOA-NY copyrighted location contract is considered “the gold standard” among such contracts. “And this is an important benefit which members receive for belonging to AMOA-NY. We intend to make an industry example out of Messrs Overals and Cullen for their violations of AMOA-NY copyrights," he said.
