Munger, Tolles & Olson represented Disney, Lucasfilm and Marvel in obtaining a preliminary injunction on Aug. 30, 2018 against Redbox regarding its unauthorized sale of digital codes sold in DVD “Combo Packs.”
U.S. District Court Judge Dean Pregerson of the Central District of California issued the injunction, concluding that Disney and its related studios would succeed on claims that Redbox knowingly, materially contributed to its code customers’ infringement of the plaintiffs’ copyrights.
“Because Redbox did not obtain an ownership right to any digital content when it purchased Combo Packs, Disney has adequately shown that it is likely to succeed on its claim that Redbox encouraged Redbox customers to infringe Disney’s copyrights by redeeming Codes in violation of the license terms set forth on the redemption sites,” Judge Pregerson wrote in his opinion.
The plaintiffs initially brought claims in November 2017 against Redbox, arguing the rental kiosk company illegally sold Disney’s digital movie codes in violation of copyright law and other restrictions. The copyright owners alleged that Redbox, which operates a network of more than 40,000 automated kiosks offering new-release DVDs and video game rentals across the U.S., is liable for contributory copyright infringement.
The Munger, Tolles & Olson attorney team includes Kelly M. Klaus, Glenn D. Pomerantz, Carolyn Hoecker Luedtke, Stephanie G. Herrera, Rose Leda Ehler and Sara G. Boyce.