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Topics - kingkendall

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The below article documents the shoddy work done by Higbee & Associates.  The biggest takeaway is that these lawyers ARE NOT intellectual property lawyers.  They don't know copyright law and they don't care.  Their in the copyright troll game to secure payments from "low hanging fruit", people that get so scared they pay up quickly.  The way to combat this is to get educated and push back with knowledge.  It isn't a great feet to become more knowledgeable than Higbee. 

 Yesterday, we wrote about web developer Daniel Quinn's harrowing experience receiving a $20,000 payment demand from copyright troll Higbee & Associaties. That post ended with Quinn explaining how he found lawyer Carolyn Homer to represent him. Today, we have a companion post by Homer to talk about her experience investigating and dealing with Higbee, and calling out some of his questionable legal practices.

The moment I saw Higbee’s demand letter to Daniel Quinn I knew I was dealing with a troll. Although I’ve recently joined the #resistance, I spent the first five years of my career defending Silicon Valley companies against mass copyright trolls. Higbee is new to me, but I know this game.

I immediately scanned his demand letter for problems. There were many — Michael Grecco’s power of attorney authorization isn’t even signed! — but I’ll focus on three major ones.

Major Defect # 1: Pricing Unmoored From Market Reality

As Daniel quoted yesterday, Higbee’s November letter threatens litigation, statutory damages up to $150,000 and attorney fees. Supposedly to avoid this terror of litigation, Higbee demands payment of $20,000 within seven days, accompanied by a non-disclosure agreement.

Daniel Quinn did not pay the $20K. So Higbee sent a December follow-up letter which escalates the demand: “[P]lease do not make the mistake of ignoring this. If this matter is litigated, the demand amount will likely quadruple or more, and then you will also likely have to pay attorneys fees.”

Higbee’s message is clear: pay $20,000 now or risk litigation and $80,000—maybe even $150,000—later.

None of those numbers make sense. The market rate for a license to publish most individual photos on the internet ranges between $0-$1000. Similarly in my experience, typical litigation damages for adjudged infringement of individual photos on the internet range between $200-$2000. At this exact moment in time, a photograph from Michael Grecco’s same X-Files photoset is available to license for $1800. And that is itself insanely high—there’s a multitude of other professional X-Files stills available from stock photo agencies Alamy and Getty for $49-$499.

JSN is giving copyright troll Christopher Sadowski all he can handle. 

    order Order on Motion for Reconsideration  Mon 10:57 AM 
 ORDER denying18 Motion for Reconsideration: Accordingly, Plaintiff's motion for reconsideration or reargument, [dkt. no. 18], is denied. This Order constitutes a resolution to the motion for reconsideration. Therefore, as this Court directed previously [dkt. no. 25], Plaintiff shall post a bond no later than ten days from today in an amount not less than $10,000 in order to proceed with the action. (Signed by Judge Loretta A. Preska on 12/3/2018) (jwh),_LLC

Christopher Sadowski who has filed over 70 copyright  suits over the past 4 years is now filing suits using photog Robert Miller as his proxy.  It's Sadowski who is registering images with copyright office as Miller's agent.  I don't know if anybody on the forum has seen this before.  But, it appears to be a new wrinkle.  Those getting sued by Miller who come across this forum might like to know this information. 

MIller v. Theodore Miraldi d/b/a et al
Filed: August 31, 2018 as 2:2018cv13479   
Third Circuit › New Jersey ›
 New Jersey District Court   

Miller v. Does 1-10 Inclusive et al         Filed: August 29, 2018 as 1:2018cv04909   
Second Circuit › New York › New York Southern District Court
Rayminh Ngo

Miller v. FEBA Capital LLC. et al         
Filed: July 31, 2018 as 1:2018cv06860   
Second Circuit › New York › New York Southern District CourtRayminh L Ngo

Miller v. Temporal Media, Inc. et al         
Filed: July 26, 2018 as 3:2018cv04527   
Ninth Circuit › California › California Northern District   Saba Ali Basria

Miller v. Heavy Inc.         
Filed: May 25, 2018 as 1:2018cv04639 Second Circuit › New York › New York Southern District Court   
Richard Liebowitz

Miller v. Capitol Hill Publishing Corp.         
Filed: November 15, 2017 as 1:2017cv08934   
Second Circuit › New York › New York Southern District Court
Douglass Bayley Maynard

Miller v. Curtis Media Group, Inc.         
Filed: September 6, 2017 as 1:2017cv06801   
Second Circuit › New York › New York Southern District Court
Richard Liebowitz

Sadowski v. Jewish Voice Inc. et al

Can anybody explain this?

Docket last updated: 12 hours ago
Tuesday, July 10, 2018
14       14 9 pgs order Order on Motion for Protective Order Tue 3:45 PM  ORDER granting/endorsing13 Amended Confidentiality Stipulation and Protective Order. See Order for details. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/10/2018. Blase, Brendan)

Tuesday, July 03, 2018
13       13 motion Protective Order Tue 7:14 PM
Amended MOTION for Protective Order by Christopher Sadowski. (Ngo, Rayminh)

I don’t know the particular of this case.  Maybe some of our PACER savy posters can shed more light?  Federal is demanding $10,000 bond posted to continue case. 

Docket last updated: 12 hours ago

Thursday, July 12, 2018
17    17 3 pgs order Order Thu 1:23 PM
ORDER re:15 Letter filed by JSN Global Media, LLC: Accordingly, Plaintiff shall post a bond no later than July 31 in an amount not less than $10,000 in order to proceed with the action. (Signed by Judge Loretta A. Preska on 7/12/2018) (jwh)
Related: [-]

Monday, July 02, 2018
16       16 misc Letter Mon 3:49 PM
LETTER addressed to Judge Loretta A. Preska from Richard Liebowitz dated July 2, 2018 re: Response to Defendant's Request that the Court require the Plaintiff and/or his counsel to post a bond. Document filed by Christopher Sadowski.(Liebowitz, Richard)

This case involves a blogger that was sued by photographer Christopher Sadowski represented Higbee lawyer Rayminh L Ngo. 

Here's the key takeaway.  Higbee is not looking to go to trial.  He wants a default judgment which happens when a defendant fails to answer a complaint and summons.  Other than that Higbee looks to settle and if you wait him out and show a willingness to proceed to the end the more he'll want to settle.

Look what defendant Bowling was willing to do and how she refused to buckle.  Getting sued is not the end of the world.  Answer the lawsuit, counter sue if necessary, and put up a fight.  This is exactly what Higbee doesn't want.  He wants the low hanging fruit. 

Look at the below

In the below Susan Bowling is being sued by photographer Chris Sadowski being represented by Higbee and Associtate.  She's won a decision by the court for a pro bono lawyer and the court is grating her request.  I'm pretty sure Higbee didn't bargin for this kind of fight.

38   Sadowski v. Bowling et al         Filed: May 24, 2017 as 1:2017cv03954   Second Circuit › New York › New York Southern District    Higbee lawyer -Rayminh L Ngo      

Friday, October 06, 2017
25       service Certificate of Service Other  Fri 1:16 PM 
 CERTIFICATE OF SERVICE of Appearance of Counsel served on Defendant on October 5, 2017. Service was made by Mail. Document filed by Christopher Sadowski. (Brill, Robert)

Thursday, October 05, 2017
24       1 pgs order Order Referring Case to Magistrate Judge  Fri 9:49 AM 
 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge J. Paul Oetken on 10/5/2017) Copies Mailed By Chambers. (rj)

23       1 pgs order Order  Fri 9:47 AM 
 ORDER. Defendant Suzanna Bowling's oral request for the Court to request pro bono counsel is GRANTED. Based on Defendants representations to the Court, it appears that she is unable to afford retained counsel. The Office of Pro Se Litigation is requested to seek pro bono counsel. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/5/2017) Copies Mailed By Chambers. (rjm)

22       notice Notice of Appearance  Thu 9:09 PM 
 NOTICE OF APPEARANCE by Robert Michael Brill on behalf of Christopher Sadowski. (Brill, Robert)

21       order Case Management Plan  Thu 6:42 PM 
 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Fact Discovery due by 2/2/2018. Expert Discovery due by 2/5/2018. Deposition due by 2/5/2018. Ready for Trial by 2/20/2018. This case is to be tried to a jury. Best estimate of the length of trial is 2-3 days. (Signed by Judge J. Paul Oetken on 10/5/2017) MAILED TO PRO SE PARTY BY CHAMBERS. (ap)

20       discov Rule 26(f) Discovery Plan Report  Thu 1:48 AM 
 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Christopher Sadowski.(Ngo, Rayminh)

    misc FRCP 4 Service Package - Mailed  Thu 3:34 PM 
 Defendant proceeding Pro Se was mailed an FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 10/5/2017 via Regular Mail as per supervisor's instructions. The information package included: Judge's individual rules, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case files, A Motions Guide, A Notice that the Pro Se Manual has been discontinued, a Notice of Change of Address to use if your contact information changes, a consent to proceed before a Magistrate Judge, and consent to electronic service forms. (sbr)

Friday, September 29, 2017
19       service Affidavit of Service Complaints  Fri 7:41 PM 
 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Suzanna Bowling served on 9/29/2017, answer due 10/20/2017. Service was made by Mail. Document filed by Christopher Sadowski. (Ngo, Rayminh)

18       cmp Amended Complaint  Fri 6:45 PM 
 FIRST AMENDED COMPLAINT amending1 Complaint against Suzanna Bowling with JURY DEMAND.Document filed by Christopher Sadowski. Related document:1 Complaint.(Ngo, Rayminh)

  Att: 1   Exhibit A-F 
Tuesday, September 26, 2017
17       order Notice of Voluntary Dismissal - Signed  Tue 2:08 PM 
 NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT DAVID BASCH, WITH PREJUDICE PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): PLEASE TAKE NOTICE that Plaintiff Christopher Sadowski ("Plaintiff"), pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), hereby voluntarily dismisses this action with prejudice against Defendant David Basch d/b/a Times Square Chronicles (Defendant Basch). Plaintiff maintains all claims against Defendant Suzanna Bowling. Defendant Basch has neither answered Plaintiff's Complaint nor filed a motion for summary judgment. Therefore, this party may be dismissed without an order of the Court pursuant to Rule 41(a)(1)(A)(i). SO ORDERED.*** Party David Basch (an individual) terminated. (Signed by Judge J. Paul Oetken on 9/22/2017) (ama) Modified on 9/26/2017 (ama)

Friday, September 22, 2017
    misc Note to Attorney to E-Mail PDF  Fri 8:53 AM 
 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Rayminh Ngo for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 16 Notice of Voluntary Dismissal to: (km)

Thursday, September 21, 2017
16       notice Notice of Voluntary Dismissal  Thu 5:19 PM 
 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) David Basch. Document filed by Christopher Sadowski. (Ngo, Rayminh)

Monday, September 11, 2017
15       2 pgs order Order for Initial Pretrial Conference  Mon 4:59 PM 
 ORDER: Counsel for the plaintiff Christopher Sadowski and any defendant who has been served with the complaint are directed to appear for an initial conference with the Court on October 5, 2017, at 11:15 a.m. The conference will be held in Courtroom 706 of the Thurgood Marshall United States Court House, 40 Foley Square, New York, New York. Those who appear at the pretrial conference must be authorized to negotiate terms of settlement. And as set forth herein. SO ORDERED. Initial Conference set for 10/5/2017 at 11:15 AM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 9/11/2017) Copy of this Order and the Court's Individual Practice in Pro Se Cases mailed to Pro Se parties by Chambers.(ama)

Friday, September 08, 2017
14       answer Answer to Complaint  Mon 10:17 AM 
 ANSWER to1 Complaint. Document filed by Suzanna Bowling.(sc)

13       notice Notice of Appearance  Mon 10:04 AM 
 NOTICE OF PRO SE APPEARANCE by Suzanna Bowling. (sc)

Thursday, August 10, 2017
12       order Order ~Util - Set Deadlines  Thu 3:58 PM 
 ORDER: Defendant Suzanna Bowlings request for an extension of time to respond to the Complaint is GRANTED. Defendant Bowling shall answer or otherwise respond to the Complaint by September 9, 2017. Suzanna Bowling answer due 9/9/2017. (Signed by Judge J. Paul Oetken on 8/10/2017) (ap)

Wednesday, August 09, 2017
11       misc Letter  Wed 3:22 PM 
 LETTER from Suzanna Bowling, dated 8/9/17 re: EXTENSION OF TIME. Document filed by Suzanna Bowling.(sc)

Thursday, May 25, 2017
9       service Summons Issued  Thu 1:00 PM 
 ELECTRONIC SUMMONS ISSUED as to David Basch. (kl)

8       service Summons Issued  Thu 12:58 PM 
 ELECTRONIC SUMMONS ISSUED as to Suzanna Bowling. (kl)

7       misc AO 121 Form Copyright - Case Opening - Submitted  Thu 12:53 PM 
 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (kl)

    misc Notice to Attorney Regarding Party Modification  Thu 12:48 PM 
 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Rayminh L Ngo. The party information for the following party/parties has been modified: Suzanna Bowling, David Basch. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (kl)

    notice Case Opening Initial Assignment Notice  Thu 12:49 PM 
 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:] . (kl)

    utility Case Designation  Thu 12:50 PM 
 Magistrate Judge Debra C. Freeman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:] . (kl)

    utility Case Designated ECF  Thu 12:51 PM 
 Case Designated ECF. (kl)

Wednesday, May 24, 2017
6       misc Rule 7.1 Corporate Disclosure Statement  Wed 8:53 PM 
 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Christopher Sadowski.(Ngo, Rayminh)

5       misc AO 121 Form Copyright - Notice of Submission by Attorney  Wed 8:52 PM 
 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Ngo, Rayminh)

4       service Request for Issuance of Summons  Wed 8:52 PM 
 REQUEST FOR ISSUANCE OF SUMMONS as to David Basch d/b/a Times Square Chronicles, re:1 Complaint. Document filed by Christopher Sadowski. (Ngo, Rayminh)

3       service Request for Issuance of Summons  Wed 8:51 PM 
 REQUEST FOR ISSUANCE OF SUMMONS as to Suzanna Bowling d/b/a Times Square Chronicles, re:1 Complaint. Document filed by Christopher Sadowski. (Ngo, Rayminh)

2       misc Civil Cover Sheet  Wed 8:45 PM 
 CIVIL COVER SHEET filed. (Ngo, Rayminh)

1       cmp Complaint  Wed 8:43 PM 
 COMPLAINT against David Basch, Suzanna Bowling. (Filing Fee $ 400.00, Receipt Number 0208-13706542)Document filed by Christopher Sadowski.(Ngo, Rayminh)

  Att: 1   Exhibit A-F 

I like to pose a question for the legal experts in the forum.  Based on my research I have come to learn when it comes to copyright lawsuits the plaintiff can only go after actual damages (lost profits or such due to defendants copyright infringements) OR statutory damages as per what the dollar amount the copyright laws allow.  You cannot ask for both!  However on many CI lawsuits filed by Matthew Higbee he is asking for both actual damages and statutory damages.  So what gives?  He’s not an Intellectual Property lawyer.  Could this be the reason?     

Getty Images Letter Forum / How do Copyright trolls find their targets?
« on: August 03, 2017, 02:58:52 PM »
I have a rough idea that trolls use reverse images searches to find where their images have been used.  And I also heard they use bots and crawlers.  But, what esle am I missing? 

I want to bring attention to this guy.  He's a photographer from New Jersey.  He licenses photos to the New York Post and news organizations in Northern New Jersey.  He's also a notorious copyright troll that has filed multiple lawsuits using different lawyers including Mathew Higbee.  Don't use this guy's stuff no matter what kind of photo it is.  Even if it's a picture of a car that is double parked, Sadowski will come after you for it with an outrageous amount.       

Can I get an assist? 

I been having trouble logging in Pacer.  If anyone can post the lawsuits filed by this guy I think the community would benefit? 

 This is an article I found about Mathew K. Higbee

 Higbee and Associates & Mathew K. Higbee - Scammers

Contact information:
Santa Ana, CA,, United States
Watch out for Mathew Higbee and his scam companies. Higbee & Associates operates under numerous alias's including, and Mathew K Higbee.

These theives run around on the internet posting fake positive reviews about their company. The truth is they need to post all these fake reviews because they are scamming inoccent people out of their hard earned money. Using or one of his other shell companies Mathew Higbee and his "team" are charging thousands of dollars for work they never complete. They offer all kinds of fancy promises through their websies, but at the end of the day their service is complete junk and they will give you the run around over and over until they stick you with a multi thousand dollar bill. When you question the bill and services not delivered they will then threaten to sue you.

More here

This lawyers name has been popping up and Matthew Chan already done a great reporting what a bullshit artist Higbee is. 

Getty Images Letter Forum / First Sale rights question
« on: December 15, 2016, 01:59:26 PM »
I tried doing a search to my question in the forum but I couldn't find a satisfactory answer.  Question: A photog sells a crime photo to a tabloid newspaper of a crime committed.  A blogger comes along and writes a news story about the crime and uses the photo of the perp in the story.  Months later the blogger gets a demand letter for thousands of dollars from a lawyer representing the photographer.

Didn't the photog give the rights to the photo buy selling it to the newspaper?  Isn't the blogger protected under the copyright law under "fair use" by using sad photo for news reporting a real event to benefit the community notifying them of a dangerous criminal? 

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