April 28, 2022
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by Don Povia

For Immediate Release: April 28, 2022

Judge denies Triller’s Motion to Dismiss, BYB to get its day in Court

CLICK HERE FOR PDF OF DENIAL OF MOTION TO DISMISS

MIAMI, FL – This past November, Miami-based BYB Extreme Fighting Series, and its parent company, Lights Out Productions, filed a lawsuit against Triller, Triller Fight Club, FITE TV, and Triller’s owner, Ryan Kavanaugh, over Triller’s unauthorized and unlawful use of BYB’s patented TRIGON triangle-shaped fighting ring. Shortly after, the defendants filed a motion to dismiss. Yesterday, a judge denied the motion and allowed the suit to proceed.
Below is BYB’s official statement on the matter.

Triller’s initial response to our lawsuit was that the judge should throw out the case because, according to Triller, our claims for infringement of our design patent and copyright were meritless and should not receive consideration by a judge or jury. BYB opposed the motion and, after considering both sides’ positions, the judge denied Triller’s Motion to Dismiss those claims. In his Order, Judge Mark Scarsi of the Central District of California ruled that “the Court determines the accused product and the claimed design are not plainly dissimilar as a matter of law” and “[t]he copyright claims are plausibly pleaded.” Judge Scarsi specifically pointed out BYB’s allegations that “[s]everal commentators noted the similarity between [Triller’s] supposedly ‘revolutionary’ triangular fighting ring and [BYB’s] triangular fighting surface.” As a result, Triller must now respond to the substance of our infringement claims related to our TRIGON fighting surface and we look forward to presenting our position as the lawsuit progresses.

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