In a side-plot to a protracted copyright case brought by Venezuelan TV network LaTele against Mexican network Telemundo for allegedly copying one of its telenovelas, the 11th U.S. Circuit Court of Appeals ruled Friday that former LaTele president Fernando Fraiz no longer represents the company, having been replaced by a Venezuelan court-appointed committee.
By Reuters – Blake Brittain
Aug 20, 2021
A Miami federal court properly read the Venezuelan court orders to remove Fraiz from his leadership position, and later orders cited by Fraiz didn’t change his status, U.S. Circuit Judge Stanley Marcus wrote for a unanimous three-judge panel.
The underlying copyright dispute – in which LaTele alleged Telemundo’s “El Rostro de Analia” ripped off its show “María María” – settled in 2019.
LaTele attorney Manny Mesa of the Law Offices of Mesa & Associates said his side was “very pleased” with the ruling and found the opinion “well reasoned and just.” Telemundo attorney Greg Herbert of Greenberg Traurig said he felt the ruling was a vindication. Telemundo declined to comment.
LaTele sued Telemundo for copyright infringement in Miami federal court in 2012, when Fraiz was president. In 2014, a Venezuelan criminal court removed Fraiz and appointed a government board called the “Junta Interventora” to take over the company and manage its affairs. Fraiz filed a motion on behalf of LaTele in 2015, arguing he had been framed by a rival in Venezuela for criminal misconduct – in a scheme he said “goes all the way to the administration of President [Nicolás] Maduro” – and asking the court to find that he, not the Junta, represented the company.
After staying the case, U.S. District Judge William Dimitrouleas reopened it in 2018, finding the Junta controlled the company, affirming Junta-selected attorney Mesa was counsel of record in the case, and removing Fraiz’s attorneys Piantini and Kassier.
Dimitrouleas said the Venezuelan court orders granted the Junta complete authority over the company and discharged Fraiz, and that two more recent orders cited by Fraiz didn’t affect the Junta’s control.
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