Civil Law court Judge Yussif Kaba has granted telecommunication giant Lonestar Cell MTN’s request for a week to enable them respond to the US$3.5 million intellectual property lawsuit against the company by musical duo PCK and L’Frankie for the unauthorized use of the 2016 hit song ‘Kill Your Dog’.
Lonestar Cell, the defendant in the lawsuit, informed the judge Kaba that the essence of the one-week extension is to enable its new lawyer to review the case file and to prepare an adequate response.
According to the company, the one-week extension appeal came as a result of a change in the company’s lawyer.
The musical duo’s “action of damages for the authorized use of Intellectual Property lawsuits seeks USD$250,000 per song download for the period of 18 months as special damages; and USD$0.10 per designed and printed portrait multiply by a minimum of 500,000 customers for the same period (December 2016 to June 2018), which totaled the special damages to US$3,150,000.
According to CT.Com Liberia Incorporated, which manages PCK and L’Frankie, the lawsuits came as a result after Lonestar Cell MTN unlawful using artists ‘Kill Your Dog’ and image for their ringback tones platform without an agreement.
In the lawsuit, CT.Com said defendant Lonestar Cell MTN approached their clients on December 5, 2016, to use the song in question as a ringback tone for its platform.
CT.Com said an agreement was reached between the two parties for Lonestar Cell MTN to charge its customers USD$0.50 per unit download monthly and that the profits generated from the platform be shared on fifty-fifty (50-50) basis by both parties.
However, the plaintiff in the lawsuits revealed that said since the meeting on December 5, 2016, and up to the time of the legal action, they never had a legal agreement even though there was an understanding for the use of their song.
Contrary, the lawsuit said Lonestar Cell MTN proceeded using the song and the artist imagine for promotional activities on their ringback tones platform without seeking the consent and approval.