Case 1:20-cv-01904 Document 1 Filed 12/28/20 Page 1 of 12
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF NEW YORK
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`DISH NETWORK L.L.C,
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`and NAGRASTAR LLC,
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`Plaintiffs,
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`UVCONN, INC., DHE BOSS, INC.,
`AHMED GOREJA a/k/a AHMED M.
`HAFEEZ and MIAN NADEEM,
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`individually and collectively d/b/a
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`ZUMMTV and TVIPBOX,
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`Defendants.
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`_____________________________________
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`CIVIL ACTION NO. ____________
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`PLAINTIFFS’ ORIGINAL
`COMPLAINT
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`Plaintiffs, DISH Network L.L.C. (“DISH’), and NagraStar LLC (“NagraStar”), by and
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`through their undersigned counsel, bring this civil action for damages and injunctive relief against
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`Defendants UVConn, Inc., DHE Boss, Inc., Ahmed Goreja a/k/a Ahmed M. Hafeez and Mian
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`Nadeem, individually and collectively d/b/a ZUMMTV and TVIPBOX (collectively, the
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`“defendants”) for violations of the Federal Communications Act (“FCA”), 47 U.S.C. § 605.
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`PARTIES
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`1.
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`Plaintiff DISH Network L.L.C. is a Colorado limited liability company with its
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`principal place of business located at 9601 South Meridian Blvd., Englewood, Colorado 80112.
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`DISH operates the DISH® satellite pay TV service.
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`2.
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`Plaintiff NagraStar LLC is a Colorado limited liability company with its principal
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`place of business located at 90 Inverness Circle East, Englewood, Colorado 80112. NagraStar
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`provides technology, security services and products to the DISH® pay TV satellite service.
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`3.
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`Defendant UVConn, Inc. (“UVConn”) is a Canadian corporation with its principal
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`office located at 1065 Canadian Place, Suite #111, Mississauga, Ontario L4W 0C2. According to
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`its website address located at www.uvconn.com, its principal office address is located at 22 Sky
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`Harbour Dr., Brampton, Ontario L6Y 0C1. Upon information and belief, UVConn maintains a
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`post office box at the United States Postal Service (“USPS”) Post Office facility located at 615
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`Main Street, Ste 1, Niagara Falls, New York 14301.
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`4.
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`Defendant DHE Boss, Inc. (“DHE Boss”) is a Canadian corporation with its
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`principal office located at 22 Sky Harbour Dr., Brampton, Ontario L6Y 0C1.
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`5.
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`Defendant Ahmed Goreja a/k/a Ahmed M. Hafeez (“Goreja”) is an individual
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`residing in Ontario, Canada, and doing business in the United States, including the state of New
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`York. Upon information and belief, Goreja is the principal owner of UVConn, and, as such, acts
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`as an officer and/or director of UVConn. Upon information and belief, Goreja is also the Chief
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`Executive Officer of DHE Boss. Upon information and belief, Goreja manages and does business
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`as a dealer and distributor for TVIPBOX, a purported software development and manufacturer of
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`equipment for IPTV/OTT service providers with its principal office located at 22 Sky Harbour Dr.,
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`Brampton, Ontario L6Y 0C1. Upon information and belief, Goreja personally participated in the
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`wrongful conduct alleged in this Complaint, had the right and ability to supervise, direct and
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`control the wrongful conduct of others, and derived a direct financial benefit from that wrongful
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`conduct.
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`6.
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`Defendant Mian Nadeem (“Nadeem”) is an individual residing in Ontario, Canada,
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`and doing business in the United States, including the state of New York. Upon information and
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`belief, Nadeem is a director of UVConn, and, as such, acts as an officer of UVConn. Upon
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`information and belief, Nadeem personally participated in the wrongful conduct alleged in this
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`Complaint, had the right and ability to supervise, direct and control the wrongful conduct of others,
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`and derived a direct financial benefit from that wrongful conduct.
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`7.
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`Upon information and belief, a unity of interest and ownership exists amongst
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`UVConn, DHE Boss, (collectively, the “ZummTV Entities”) and the individual defendants,
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`preventing them from functioning as separate entities. As such, it would be inequitable to allow
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`the ZummTV Entities to assert a separate distinction from the individual defendants.
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`8.
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`Upon information and belief, the ZummTV Entities were formed by some or all of
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`the individual defendants for the purpose of protecting the individual defendants from judgment
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`and in an effort to conceal the capital earned by the ZummTV Entities.
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`9.
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`Upon information and belief, the individual defendants, acting as officers, directors
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`and/or managers of the ZummTV Entities, or in other capacities, failed to respect the separate
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`identities of the ZummTV Entities, such that the separate dispositions of the entities and the
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`individual defendants no longer exist. More specifically, the individual defendants, in their
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`capacities as officers, directors and/or managers, have controlled the ZummTV Entities, and have
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`acted with the intent to defraud in forming and conducting business in the names of the ZummTV
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`Entities. In light of the aforementioned, recognizing these business entities as separate and distinct
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`entities would result in an injustice to Plaintiffs. Upon information and belief, actions and
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`circumstances that warrant piercing the corporate veil include, but are not limited to the following:
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`a. The individual defendants exercised dominion and control over the ZummTV
`Entities, commingling assets with and among the entities, and using the entities
`in furtherance of Defendants’ scheme to defraud Plaintiffs;
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`b. The individual defendants drained the ZummTV Entities of substantial sums
`of money, thereby undercapitalizing the ZummTV Entities;
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`c. The individual defendants and the ZummTV Entities caused valuable assets,
`property, rights and/or interests to be transferred to each other without adequate
`consideration; and
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`d. The individual defendants, and the ZummTV Entities failed to follow the
`formalities of corporate existence.
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`10.
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`This Court should consider the individual defendants and the ZummTV Entities as
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`one entity or as “alter egos” and enter an order piercing the corporate veil of the ZummTV Entities
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`to reach the individual defendants.
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`11.
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`Any judgment pursuant to Plaintiffs’ request for relief should be rendered jointly
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`and severally against the individual defendants and the ZummTV Entities.
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`JURISDICTION AND VENUE
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`12.
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`The Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §
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`1331 because Plaintiffs’ claims arise under 47 U.S.C. §§ 605(a) and (e)(4).
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`13.
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`Defendants conduct business and/or engaged in the wrongful conduct that is the
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`subject of this Complaint in Niagara Falls, New York, and therefore are subject to personal
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`jurisdiction in this Court. Additionally, New York’s long-arm statute authorizes this Court’s
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`exertion of jurisdiction over the defendants, as they are believed to transact business, possess
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`and/or use property within the state and this judicial district. Alternatively, this Court has personal
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`jurisdiction over Defendants pursuant to Fed. R. Civ. P. 4(k)(2), because they have purposefully
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`directed their conduct toward and purposefully availed themselves of the privilege of conducting
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`business in the United States, causing injury to Plaintiffs in the United States. Further, many of
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`the Defendants’ customers are believed to reside in the United States. Upon information and
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`belief, Defendants are not subject to personal jurisdiction in any state’s courts of general
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`jurisdiction. Exercising personal jurisdiction over Defendants is consistent with the Constitution
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`and laws of the United States.
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`14.
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`Venue is proper in this Court, pursuant to 28 U.S.C. § 1391(b)(2), because a
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`substantial part of the events giving rise to Plaintiffs’ claims occurred in this judicial district.
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`Venue is also appropriate in this Court, pursuant to 28 U.S.C. §§ 1391(b)(3) and (c)(3), because
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`Defendants are subject to personal jurisdiction in this district and they are nonresidents that may
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`be sued in any judicial district.
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`PLAINTIFFS’ TELEVISION PROGRAMMING
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`15.
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`DISH, the fourth largest pay-television provider in the United States, delivers
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`multichannel, live linear television programming services to the homes and businesses of millions
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`of subscribers nationwide, for a fee, or in the case of a pay-per-view program, for a purchase price,
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`using its broadcast satellite system and proprietary security technology supplied by NagraStar.
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`16.
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`DISH contracts for and purchases the right to broadcast the television programming
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`shown on its platforms from network affiliates, motion picture distributors, pay and specialty
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`broadcasters, sports leagues, and other holders of programming rights. As a consequence, DISH’s
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`subscribers enjoy access to hundreds of channels, including movie channels such as HBO,
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`Showtime, Cinemax, Sony Movie, and Starz; sports channels such as ESPN, ESPN Deportes, NFL
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`Network, MLB Network and Willow Cricket; as well as other channels such as Aapka Colors,
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`ARY Zauq, ARY Digital, ARY News, Hum World, Hum Sitaray, Colors Rishtey, Star Bharat,
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`Pasiones, Galavision, BET, Geo TV, SET (Sony Entertainment TV), SAB, TV INT, TVE SP,
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`SONY HD USA, PTC Punjabi and Zee TV among others (the “DISH Programming”).
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`17.
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`NagraStar provides smart cards and other security technologies that form a
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`conditional access system designed to control access to the DISH Programming and utilized to
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`authorize a subscriber’s receipt of DISH’s satellite transmissions of its television programming.
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`18.
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`The DISH Programming is scrambled prior to being transmitted to a number of
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`satellites located in the geo-synchronous orbit above Earth. The satellites transmit the encrypted
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`DISH signal back to Earth where it can be received by authorized subscribers that possess the
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`necessary equipment, namely a DISH receiver and NagraStar smart card. The receiver and smart
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`card convert DISH’s encrypted satellite communications into DISH Programming that can be
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`displayed on the attached television of an authorized DISH subscriber.
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`DEFENDANTS’ WRONGFUL CONDUCT
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`19.
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`Upon information and belief, Defendants own and operate the infringing Internet
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`Protocol television (“IPTV”) service, referred to as ZummTV. ZummTV currently sells IPTV
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`boxes branded as “Plug-n-Play” boxes at the following web addresses: www.zummtv.com; and
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`www.uvconn.com. Upon information and belief, Defendants also make, use, import, sell and/or
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`distribute products and services that include unauthorized retransmissions of DISH Programming.
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`Defendants retransmit programming originating from DISH’s satellite communications to end
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`users of their ZummTV pirate streaming service, without authorization.
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`20.
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`DISH retained the services of an independent investigative firm to conduct two
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`separate purchases of a ZummTV receiver and IPTV service from the website, www.zummtv.com.
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`The first purchase consisted of a Z4 Prime IPTV receiver, along with device codes providing for
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`six months of access to the ZummTV IPTV service. In order a facilitate the purchase, a payment
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`in the amount of $528.80 was made via PayPal, listing the following transaction details:
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`Transaction ID:
`Sent to:
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`7A01********
`Uvconn Inc.
`866-220-5300
`https://www.uvconn.com
`customercare@uvconn.com
`Note to Uvconn Inc.: PID***** Zumm TV z4 Prime
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`Details:
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`Sent to Uvconn Inc. $658.66 CAD $528.80 USD
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`Total $658.66 CAD $528.80 USD
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`Upon completion of the purchase, a Z4 Prime IPTV receiver was delivered, via USPS “Priority
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`Mail 2-Day”, with the sender’s return address identified on the package as “VIOLET
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`SUME/UVCONN/CCE, End, 4450 Witmer Indust. Est., Ste 4, Niagara Falls, NY 14305-1391.”
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`21.
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`The second purchase consisted of a ZummTV S2 Prime IPTV receiver, along with
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`device codes providing for twelve months of access to the ZummTV IPTV service. In order to
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`complete this purchase, the investigator, after experiencing trouble online, received an email from
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`jameel@zummtv.com, who advised him to call a toll-free helpline telephone number, 1-866-220-
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`5300, in order to complete the credit card purchase. After making a credit card payment in the
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`amount of $404.49 over the telephone, the following transaction details were received, “POS
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`DEBIT UV CONN INC. BRAMPTON ON”, along with an email from dse@docusign.net,
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`requesting a signature on a six-page DocuSign document in order to verify the purchase. Notably,
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`the DocuSign document also contained a “Shipping Quotes” section which specifically provided
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`for American Orders and denoted that such orders would be shipped through “DHL/USPS” at a
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`flat rate of $25 USD.
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`22.
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`A subsequent text message containing the USPS tracking number for the second
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`purchase was received from an unknown telephone number, (778) 588-9199. Thereafter, a
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`ZummTV S2 Prime IPTV receiver was delivered, with the sender’s return address identified as
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`“UV Connect Inc., 615 Main Street Unit 1952, Niagara Falls, NY 14302,” which is the same
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`address for the USPS Post Office facility located in Niagara Falls, New York where one or more
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`of the Defendants is believed to maintain a post office box. A follow-up telephone call inquiring
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`about the delivery status of the receiver was received from (416) 628-4335, a telephone number
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`also associated with DHE Boss and TVIPBOX.
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`23.
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`During testing of the ZummTV service, encoded messages delivered as part of
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`DISH’s satellite communications were detected on the DISH Programming retransmitted on the
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`ZummTV pirate streaming service, confirming that the DISH Programming provided by
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`Defendants originated from DISH’s satellite communications and DISH’s subscriber accounts.
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`24.
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`Upon information and belief, Defendants openly market themselves as having the
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`ability to retransmit such programming through their ZummTV pirate streaming service.
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`25.
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` Defendants’ involvement in such unlawful activity is indicative of their willful
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`intent and confirms that they are engaged in such behavior or performed such activities for their
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`own commercial advantage or private financial gain.
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`26.
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`Upon information and belief, Defendants act or work in concert with one another
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`to receive DISH Programming for retransmission on the ZummTV pirate streaming service,
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`without authorization. Such programming was distributed to ZummTV’s customers for the benefit
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`of Defendants and their customers, users who are unauthorized to receive such programming.
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`27.
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`Defendants’ wrongful conduct has caused irreparable harm to DISH and NagraStar
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`for which there is no adequate remedy at law. Plaintiffs’ reputations are built on and depend on
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`them delivering DISH Programming to authorized subscribers in a secure manner. Defendants’
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`wrongful actions have also interfered with Plaintiffs’ contractual and business relationships,
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`including their relationships with holders of programming rights that license their copyrighted
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`digital content to Plaintiffs. Essentially, Defendants’ actions have resulted in providing an
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`unknown number of customers with access to DISH Programming, resulting in an unknown amount
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`of revenues being diverted from Plaintiffs and an unknown amount of profits being received by
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`Defendants. In addition to lost revenue and Defendants’ profits, Defendants’ actions have caused
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`and continue to cause harm to Plaintiffs’ reputation and goodwill.
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`CLAIMS FOR RELIEF
`COUNT 1
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`Violation of the Federal Communications Act, 47 U.S.C. § 605(a)
`(On Behalf of DISH)
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`Plaintiffs repeat and reallege the statements contained in paragraphs 1 – 27 above.
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`28.
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`29.
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`Upon information and belief, Defendants and/or persons acting in concert or
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`participation therewith acquired transmissions of DISH Programming and retransmitted it on the
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`ZummTV pirate streaming service, without DISH’s authorization, for their benefit and for the
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`benefit of the users of the ZummTV pirate streaming service in violation of 47 U.S.C. § 605(a).
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`30.
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`Through their sale and distribution of “Plug-n-Play” boxes for accessing the
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`ZummTV service as well as their management and support of these piracy television services,
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`Defendants assisted, and continue to assist, end users in receiving DISH Programming or the
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`content contained therein, without authorization and for the benefit of end users, in violation of 47
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`U.S.C. § 605(a).
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`31.
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`Defendants have committed willful violations of 47 U.S.C. § 605(a) for purposes
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`of their own commercial advantage and private financial gain.
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`32. Defendants were aware or had reason to believe that their actions were prohibited
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`and, nonetheless, violated 47 U.S.C. § 605(a). Such violations caused damage to DISH in an
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`amount to be proven at trial. Unless restrained and enjoined by this Court, Defendants will
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`continue to violate 47 U.S.C. § 605(a).
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`COUNT II
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`Violation of the Federal Communications Act, 47 U.S.C. § 605(e)(4)
`(On Behalf of DISH and NagraStar)
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`Plaintiffs repeat and reallege the statements contained in paragraphs 1 – 32 above.
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`Upon information and belief, Defendants sell and distribute products, device codes
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`33.
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`34.
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`and/or other equipment for purposes of divulging, using, and assisting others to receive DISH
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`Programming emanating from DISH’s satellite communications as part of a rebroadcasting scheme
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`in violation of 47 U.S.C. § 605(e)(4). Defendants intended such products, device codes and/or
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`other equipment to be used in divulging and receiving the DISH Programming, without DISH’s
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`authorization and for the benefit of Defendants and customers of their ZummTV IPTV pirate
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`streaming service, users who are not entitled to receive the DISH Programming. This activity is
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`expressly prohibited by 47 U.S.C. § 605(a).
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`35.
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`Defendants committed these willful violations for purposes of their own
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`commercial advantage and private financial gain.
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`36. Defendants were aware or had reason to believe that their actions were prohibited
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`and, nonetheless, violated 47 U.S.C. § 605(e)(4). Such violations caused damage to Plaintiffs in
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`an amount to be proven at trial. Unless restrained and enjoined by this Court, Defendants will
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`continue to violate 47 U.S.C. § 605(e)(4).
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiffs pray for a judgment against Defendants as follows:
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`A.
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`For permanent injunctive relief, pursuant to 47 U.S.C. § 605(e)(3)(B)(i), restraining
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`and enjoining Defendants, and any agents, employees, attorneys or other persons, in active concert
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`or participation therewith, after being duly notified of this Court’s order, from:
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`(1).
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`conducting a rebroadcasting scheme, or otherwise receiving or
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`assisting others in receiving DISH’s television programming or the content of
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`such communications, without authorization from DISH;
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`(2)
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` manufacturing, assembling, modifying, importing, selling, or
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`distributing device codes, other devices or equipment knowingly or having reason
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`to know that such device codes or equipment is primarily utilized in the
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`unauthorized receipt of television transmissions or the programming contained
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`thereon; and
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`(3)
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`receiving or assisting others in receiving DISH’s transmissions
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`and the programming contained therein, without authorization.
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`B.
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`For an order authorizing Plaintiffs to take possession of and destroy all device codes
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`and any other devices or equipment in the possession, custody, or control of Defendants that the
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`Court has reason to believe were involved in Defendants’ violations of the FCA, pursuant to 47
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`U.S.C. § 605(e)(3)(B)(i);
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`C.
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`For an order directing Defendants to preserve and turn over to Plaintiffs all hard
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`copy and electronic records regarding persons involved in any rebroadcasting scheme, including
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`persons responsible for establishing DISH subscription accounts, as well as records concerning
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`any subscription, device code, or other device or equipment that was sold by Defendants;
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`D.
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`For an award to DISH of the greater of (1) its actual damages together with
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`Defendants’ profits that are attributable to the violations identified in Count I, or (2) statutory
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`damages up to $10,000 for each violation of 47 U.S.C. § 605(a), pursuant to 47 U.S.C. §
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`605(e)(3)(C)(i)(I) - (II). Under either scenario, damages should be increased by $100,000 for each
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`violation, in accordance with 47 U.S.C. § 605(e)(3)(C)(ii);
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`E.
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`For an award to DISH and NagraStar of the greater of (1) their actual damages,
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`together with Defendants’ profits that are attributable to the violations identified in Count II, or (2)
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`statutory damages in an amount up to $100,000 for each violation of 47 U.S.C. § 605(e)(4),
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`pursuant to 47 U.S.C. § 605(e)(3)(C)(i)(I) - (II);
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`F.
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`For an award of attorney’s fees and costs to Plaintiffs, pursuant to 47 U.S.C. §
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`605(e)(3)(B)(iii);
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`G.
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`For a complete and accurate accounting of all profits and other benefits received by
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`Defendants as a result of the wrongful conduct identified in this complaint;
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`H.
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`For pre-judgment and post-judgment interest on all damages awarded by the Court,
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`at the maximum rate permitted by law; and
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`I.
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`For such other and further relief as the Court deems just and equitable.
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`Dated: December 28, 2020
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`Respectfully submitted,
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`
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`/s/ Robert R. Jones___________________
`Robert R. Jones (Attorney Bar No. 301236)
`COUGHLIN & GERHART, LLP
`99 Corporate Drive
`Binghamton, NY 13904
`Telephone: (607) 723-9511
`Facsimile: (607) 723-1530
`rjones@cglawoffices.com
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`
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`
`
`HAGAN NOLL & BOYLE, LLC
`Chad M. Hagan (pro hac vice to be filed)
`Chad.Hagan@hnbllc.com
`Texas Bar No. 24036700
`Kronsky K. Sherer (pro hac vice to be filed)
`Kronsky.Sherer@hnbllc.com
`Texas Bar No. 24050867
`Two Memorial City Plaza
`820 Gessner, Suite 940
`Houston, Texas 77024
`Telephone: (713) 343-0478
`Facsimile: (713) 758-0146
`
`Attorneys for Plaintiffs DISH Network
`L.L.C. and NagraStar LLC
`
`12
`
`