Attorney Cynthia Ariel Conlin's Legal Cases

Copyright infringement

Copyright infringement allegations over a website

Mar 13, 2017

OUTCOME: Claims Never Brought

My client operated a website and was accused of copyright infringement by an independent film company. I sent a written response to the claimant, explaining that my client had not unlawfully distribute ... d the filmmaker's content, argued that, by using the DMCA to threaten legal action, the filmmaker could potentially be liable to my own client's damages and attorney's fees. To my client's satisfaction, the claimant stopped pursing the claims, which were never brought.

Consumer protection

Dealer Fraud Issue (Pre-Litigation)

Feb 13, 2017

OUTCOME: Settlement

A client was sold a motor vehicle under what we alleged was a fraudulent misrepresentation and a violation of Florida's Deceptive and Unfair Trade Practices Act, among other things. We were happy to b ... e able to receive favorable results for the client pre-litigation, without even filing a lawsuit.

Libel and slander

Defamatory Personal Blog (Pre-Litigation)

Nov 19, 2016

OUTCOME: Resolved without litigation

I represented a client who was a victim of defamation in someone's personal blog. We sent a cease and desist letter, demanding that the defamatory statements be removed. The blogger removed the defamat ... ory statements to the Client's satisfaction, and no lawsuit was necessary.

Copyright infringement

BRG Publications, Inc. v. Santelli Orthodontics et al.

Sep 21, 2016

OUTCOME: Settled

I represented the plaintiff, a graphic artist, in a federal copyright infringement lawsuit in the Southern District of Florida. The case was resolved through settlement.

Litigation

Toms Shoes, LLC v. Hotbed Techs, Inc., Case No. 2016-CA-004771-O

Sep 08, 2016

OUTCOME: Dismissed

I represented a defendant in a business breach of contract case. I filed and argued a motion to dismiss for lack of forum non conveniens. The court granted the motion and dismissed the case.

Consumer protection

Fraud/Deceptive Trade Practices matter

Aug 31, 2016

OUTCOME: Settled (Pre-Litigation)

Our client had been deceived in a contract for education services, having spent thousands of dollars for a service that she was not able to enjoy. We alleged that the opposing party had violated Florid ... a's Deceptive and Unfair Trade Practices Act and had been unjustly enriched, and we were able to resolve the matter to the client's satisfaction without filing a lawsuit.

Consumer protection

A consumer protection issue involving a home-solicitation contract

Jun 06, 2016

OUTCOME: Contract Rescinded; Claims Resolved Outside Litigation

Our client had been pressured into signing home-solicitation contracts for more than $25,000 as well as a loan agreement, which included thousands more in finance charges. She tried to get out of the c ... ontract, but was denied, and the opposing party pressed collection. We demanded a rescission of the contract, argued violations of the FTC's consumer protection laws, fraudulent misrepresentation, and Florida's Deceptive and Unfair Trade Practices Act. The opposing party stopped collection, and our client was able to stop worrying about a potential lawsuit.

Litigation

Millings v. The Flashing Fish, LLC, 2015-CC-3809-20R-S

Feb 26, 2016

OUTCOME: Case Voluntarily Dismissed

We represented the defendant, a small business, in a replevin action. We filed a motion to dismiss, arguing that the complaint should be dismissed based on the language on the face of the contract. Wit ... hin a month, the Plaintiff voluntarily dismissed the case, without any further action in the court, to our client's satisfaction.

Copyright infringement

Canal Street Films v. Comcast Cable Communications, LLC

Jul 14, 2014

OUTCOME: The Plaintiff agreed to vacate the judgment, and the case was dismissed

This was a lawsuit filed by Canal Street Films in state court (Brevard County) against Internet Service Providers using the ancient equitable remedy known as the Florida “bill of discovery.” Somehow t ... he Plaintiff obtained a final judgment and notice was served on Internet accountholders, including my clients, that they needed to intervene or else the ISPs would release their information. I filed a motion to vacate the judgment and enter a protective order, arguing that the Plaintiff, Canal Films, had misused the bill of discovery process. I argued that the state court lacked subject-matter jurisdiction to hear the case, as federal courts have exclusive jurisdiction over copyright claims. I also argued that, by not including the John Does as Defendants, Plaintiff had obtained a judgment against the allegedly guilty parties without notice, which was a violation of their due process rights.

Copyright infringement

Patrick Collins, Inc. v. Does 1-32, No. 3:12-cv-00574-HLA-JRK

May 13, 2013

OUTCOME: Subpoena quashed, case severed and dismissed

This was a federal copyright infringement case that filed against multiple John Does. The Plaintiff alleged that the defendants downloaded videos via the BitTorrent protocol without authorization. On ... behalf of a John Doe, I filed a motion to quash a subpoena seeking his personally identifying information. I also moved to sever and dismiss the case. It was eventually severed and dismissed, and my client's personally identifying information was never released.

Cynthia Ariel Conlin's Legal Cases (23)

Copyright infringement allegations over a website

Dealer Fraud Issue (Pre-Litigation)

Defamatory Personal Blog (Pre-Litigation)

BRG Publications, Inc. v. Santelli Orthodontics et al.

Toms Shoes, LLC v. Hotbed Techs, Inc., Case No. 2016-CA-004771-O

Fraud/Deceptive Trade Practices matter

A consumer protection issue involving a home-solicitation contract

Millings v. The Flashing Fish, LLC, 2015-CC-3809-20R-S

Canal Street Films v. Comcast Cable Communications, LLC

Patrick Collins, Inc. v. Does 1-32, No. 3:12-cv-00574-HLA-JRK