CMG Vending And The Preschels Sued For Copyright Infringement For $150,000

by AMOA-New York Press Release
Posted On: 2/9/2017

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TAGS: operator contract infringement, Amusement and Music Owners Association of New York Inc., Howard Preschel, Laurence Preschel, CMG Vending, Danny Frank, Kristin Grant, AMOA New York intellectual properaty


Source: Amusement and Music Owners Association of New York Inc. | Released Feb. 9, 2017

NEW YORK CITY -- The Amusement and Music Owners Association of New York Inc., has filed litigation in United States District Court-Southern District against CMG Vending of Union, NJ, Howard Preschel of Bergenfield, NJ, and Laurence Preschel of New York, NY.

This is an action for copyright infringement under the United States Copyright Act of - 2 - 1976, as amended, 17 U.S.C §101, et seq. (the "Copyright Act"), and for unjust enrichment. This action arises out of CMG Vending's and the Preschels unauthorized use of AMOA-NY's copyright-protected proprietary agreements in furtherance of defendants' business dealings.

According to AMOA-NY executive director Danny Frank: "The use of the AMOA-NY Installment & Security Agreement is a privilege provided to AMOA-NY members in good standing. CMG Vending and the Preschel's dropped out of AMOA-NY, and discontinued their membership. Meanwhile, they continued to profit and benefit from using these contracts."

AMOA-NY special counsel Kristin Grant (New York City) points out that: "We have in our possession two agreements as evidence of the defendants' continued unauthorized uses of the proprietary contracts after the expiration of their membership with AMOA-NY."

Ms. Grant is demanding AMOA-NY be awarded a permanent injunction. AMOA-NY wants proof of "the destruction" of all other infringing agreements. AMOA-NY is seeking monetary damages to the maximum extent permitted by law ($150,000).

Mr. Frank points out: "AMOA-NY has had three previous lawsuits over copyright infringement during the past several years, where the defendants (nonmember operators) realized it was in their best interests to settle. This latest litigation should serve as another example to vendors and operators that violation of AMOA-NY's copyrights will be prosecuted and enforced to the fullest extent of the law. Compliance is the best policy."

ABOUT: Founded in the 1940s, AMOA-NY Inc. is a nonprofit group that represents the interests of businesses that own and install coin-operated amusement and music equipment in locations throughout New York state.

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