FILED: NEW YORK COUNTY CLERK 06/01/2023 12:17 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 652646/2023
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`RECEIVED NYSCEF: 06/01/2023
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`SUPREME COURT OF THE STATE OF NEW YORK
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`COUNTY OF NEW YORK
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`RETI TELEVISIVE ITALIANE S.p.A.,
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`Plaintiff,
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`v.
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`VIMEO INC. f/k/a VIMEO LLC,
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`Defendant.
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`Index No. ________
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`COMPLAINT
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`COMPLAINT FOR RECOGNITION AND ENFORCEMENT OF A
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`FOREIGN COUNTRY MONEY JUDGMENT
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`Yasmine Lahlou
`Andreas A. Frischknecht
`Lidia H. S. Rezende
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`CHAFFETZ LINDSEY LLP
`1700 Broadway, 33rd Floor
`New York, NY 10019
`Tel. (212) 257-6960
`Fax (212) 257-6950
`www.chaffetzlindsey.com
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`Attorneys for Plaintiff Reti Televisive
`Italiane S.p.A.
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`FILED: NEW YORK COUNTY CLERK 06/01/2023 12:17 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 652646/2023
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`RECEIVED NYSCEF: 06/01/2023
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`Plaintiff Reti Televisive Italiane S.p.A. (“RTI” or “Plaintiff”), by and through its
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`attorneys Chaffetz Lindsey LLP, brings this complaint pursuant to Article 53 of the New York
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`Civil Practice Law and Rules (“CPLR”) for recognition and enforcement of a final, conclusive
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`and enforceable foreign country money judgment rendered in Italy in favor of RTI and against
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`Vimeo Inc., formerly known as Vimeo LLC (“Vimeo” or “Defendant”), plus interest at the
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`statutory rate of nine percent (9%) per annum pursuant to CPLR § 5004, and alleges as follows:
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` NATURE OF THE ACTION
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`1.
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`This is an action for the recognition and enforcement of a final and conclusive
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`foreign country money judgment in the amount of EUR 8,528,974.00, rendered by the 17th
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`Section of the Rome Tribunal, Specialized Business Section (the “Rome Lower Court”), as
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`published on January 10, 2019 (the “Lower Court Decision”), in favor of RTI and against
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`Vimeo, and as subsequently affirmed by the Second Civil Section of the Commercial Division of
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`the Court of Appeal of Rome (the “Rome Appellate Court”) in a decision published on August
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`10, 2022 (the “Appellate Court Decision” and, together with the Lower Court Decision, the
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`“Italian Judgment”). At the prevailing exchange rate of 1 EUR = 1.0683 USD as of May 31,
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`2021, the amount due and owing to RTI under the Italian Judgment is USD 9,111,502.92. The
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`Italian Judgment remains unpaid in its entirety.
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`2.
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`The Italian Judgment is final, conclusive and enforceable against Defendant and
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`meets the requirements of CPLR § 5302. Moreover, the Italian Judgment satisfies all other
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`requirements for recognition and enforcement, as none of the mandatory or discretionary
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`grounds for non-recognition under CPLR § 5304 applies here.
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`3.
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`Statutory interest on the amount due and owing to RTI under the Italian Judgment
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`has accrued at the rate of nine percent (9%) per annum pursuant to CPLR § 5004 since the date
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`of publication of the Lower Court Decision on January 10, 2019.
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`FILED: NEW YORK COUNTY CLERK 06/01/2023 12:17 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 652646/2023
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`RECEIVED NYSCEF: 06/01/2023
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` PARTIES
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`4.
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`Plaintiff Reti Televisive Italiane S.p.A. is an Italian corporation with its registered
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`office at Largo del Nazareno n° 8, Rome, Italy. RTI, which forms part of the large Italian media
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`conglomerate Mediaset, operates the television channels Canale 5, Rete 4 and Italia 1 in that
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`country.
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`5.
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`Defendant Vimeo Inc., formerly known as Vimeo LLC, is a Delaware corporation
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`registered to do business in New York as a foreign corporation, with its principal place of
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`business located at 330 West 34th Street, New York, New York 10001. Vimeo has appointed
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`the following registered agent in New York: CT Corporation System, 28 Liberty Street, New
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`York, New York, 10005. Vimeo owns and operates the video hosting, sharing, and services
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`platform found at vimeo.com.
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` JURISDICTION AND VENUE
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`6.
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`Personal jurisdiction over Vimeo exists because it operates, conducts, engages in,
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`and/or carries on business in New York, and this action arises from such business. Further, and
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`in any event, personal jurisdiction over Vimeo exists because the company maintains its
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`principal place of business in this State.
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`7.
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`Venue is proper pursuant to CPLR § 503(a) & (c) because Vimeo’s principal
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`place of business is located in New York County.
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` FACTUAL BACKGROUND
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`8.
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`RTI owns the copyright and all commercial exploitation rights to a large number
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`of television programs, which are popular among audiences in Italy and abroad, ranging from
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`soccer broadcast rights to reality shows, talent shows and news broadcasts. On March 2, 2012,
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`after becoming aware of the violations detailed below, RTI filed suit against Vimeo before the
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`Rome Lower Court. Specifically, RTI sought compensation for infringement of its copyright,
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`FILED: NEW YORK COUNTY CLERK 06/01/2023 12:17 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 652646/2023
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`RECEIVED NYSCEF: 06/01/2023
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`related rights, and industrial property rights under Articles 78-ter and 79 of Law no. 633/1941
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`and Articles 12-20 of Italian Legislative Decree 30/2005 (collectively, “Italian Copyright Law”).
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`RTI also alleged that Vimeo was liable for a civil tort under Article 2043 of the Italian Civil
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`Code and unfair competition under Article 2598, paragraph 1 of the Civil Code.
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`9.
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`In its complaint, RTI alleged that Vimeo had impermissibly allowed its users to
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`publish, on its vimeo.com platform, hundreds of hours of footage taken directly from
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`programming exclusively owned by RTI, and that Vimeo had failed to remove that content upon
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`being notified of the ongoing violations of RTI’s rights. The content at issue (“RTI’s Content”)
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`encompassed some of RTI’s most popular and lucrative programs, including: (i) original
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`programming such as “Grande Fratello” (Big Brother) and “Italia’s Got Talent”; (ii) sports
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`programming, such as “Guida al Campionato” (Guide to the Championship) and “Serie A live”;
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`and (iii) television news reports.
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`10.
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`Based on these violations, RTI sought both injunctive relief and compensatory
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`damages against Vimeo.
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`11.
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`After objecting to the Italian courts’ jurisdiction to order injunctive relief (which
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`is not at issue in this enforcement action), Vimeo invoked the safe harbor provisions in Articles
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`14 and 15 of the European Union’s E-Commerce Directive 2000/31/EC and Articles 16 and 17
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`of Italian Legislative Decree No. 70/2003, which immunize passive providers of online hosting
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`services from liability for their users’ posting of unlawful content. In the alternative, Vimeo
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`disputed the extent and scope of its duty to monitor the existence of RTI’s Content on its
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`platform. Finally, Vimeo also challenged the merits of RTI’s trademark infringement and unfair
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`competition claims and disputed RTI’s damages calculation.
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`FILED: NEW YORK COUNTY CLERK 06/01/2023 12:17 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 652646/2023
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`RECEIVED NYSCEF: 06/01/2023
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`12.
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`After six years of litigation, including multiple rounds of briefing, the submission
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`of expert reports from both party- and court-appointed experts, and a seven-day hearing, the
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`Rome Lower Court issued the Lower Court Decision, dated December 5, 2018 and published on
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`January 10, 2019. A true and correct copy of the Lower Court Decision, with a certified English
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`translation, is attached hereto as Exhibit A. In that decision, the Rome Lower Court, after
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`finding that it had jurisdiction over all of RTI’s claims, granted the copyright claims in their
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`entirety and rejected Vimeo’s defenses, both under the safe harbor provisions described above
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`and on all other grounds asserted by Vimeo. However, the court did not grant RTI’s claim for
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`unfair competition, which is not at issue in this enforcement action.
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`13.
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`Insofar as relevant here, the Lower Court Decision (i) found and held Vimeo
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`liable, under Italian Copyright Law and on other grounds, for failure to promptly remove RTI’s
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`Content from its platform; (ii) ordered Vimeo to compensate RTI for monetary damages in the
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`total amount of EUR 8,500,000.00, plus legal interest for late payment from the publication of
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`the Lower Court Decision until settlement; and (iii) additionally ordered Vimeo to pay RTI’s
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`legal costs, in the amount of EUR 1,466.00 for expenses and EUR 23,000.00 for professional
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`fees, plus EUR 4,508.00 as a flat-rate reimbursement of general expenses and contribution to the
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`Italian lawyers’ social security fund, and EUR 6,051.76 for the Italian value added tax (“Italian
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`VAT”), the latter of which applies only if payment is made in Italy.
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`14.
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`On February 11, 2019, Vimeo filed an appeal before the Rome Appellate Court
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`seeking to reverse the Lower Court Decision. In an interim order dated May 13, 2019, the Rome
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`Appellate Court stayed enforcement of Vimeo’s obligation to pay monetary damages pursuant to
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`the Lower Court Decision pending resolution of Vimeo’s appeal.
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`FILED: NEW YORK COUNTY CLERK 06/01/2023 12:17 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 652646/2023
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`RECEIVED NYSCEF: 06/01/2023
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`15.
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`In accordance with Italian law, the Rome Appellate Court was empowered to
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`review de novo all relevant factual and legal issues underpinning the Lower Court Decision.
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`After two rounds of briefing and an oral argument, the Rome Appellate Court issued the
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`Appellate Court Decision dated July 21, 2022, which was published on August 10, 2022, and
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`affirmed the Lower Court Decision in its entirety. A true and correct copy of the Appellate
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`Court Decision, with a certified English translation, is attached hereto as Exhibit B.
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`16. Based on the Appellate Court Decision, the Italian Judgment is final, conclusive
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`and enforceable in Italy. On October 31, 2022, Vimeo lodged a further appeal with the Italian
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`Supreme Court. However, under Italian law, absent an application by Vimeo for a stay of
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`enforcement, Vimeo’s filing of this additional appeal has no impact on the enforceability of the
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`Italian Judgment.
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`17.
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`On March 1, 2023, undersigned counsel wrote to Vimeo’s U.S. counsel
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`demanding payment of the amounts awarded to RTI in the Italian Judgment, plus accrued
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`interest. However, Vimeo has failed to pay any of those amounts, and the Italian Judgment
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`remains unpaid in its entirety.
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` FIRST CAUSE OF ACTION
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`RECOGNITION AND ENFORCEMENT OF THE
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`MONETARY RELIEF AWARDED IN THE ITALIAN JUDGMENT
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`18.
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`Plaintiff incorporates by reference paragraphs 1 to 17 as if set fully forth herein.
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`19.
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`The Italian Judgment’s award of damages and other monetary relief constitutes a
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`final, conclusive, and enforceable foreign country money judgment that satisfies the
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`requirements for recognition and enforcement pursuant to Article 53 of the CPLR.
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`20.
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`The Italian Judgment awarded Plaintiff a sum of money totaling EUR
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`8,528,974.00 (excluding Italian VAT). Statutory interest on that sum has accrued at the rate of
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`FILED: NEW YORK COUNTY CLERK 06/01/2023 12:17 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 652646/2023
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`RECEIVED NYSCEF: 06/01/2023
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`nine percent (9%) per annum pursuant to CPLR § 5004 since the date of publication of the
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`Lower Court Decision on January 10, 2019.
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`21.
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`The Italian Judgment is final, conclusive and enforceable against Defendant.
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`22.
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`Accordingly, the Italian Judgment’s award of damages and other monetary relief
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`satisfies the requirements of CPLR §§ 5302 and 5303.
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`23.
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`None of the mandatory grounds for non-recognition under CPLR § 5304(a) exists
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`in this case.
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`24.
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`Plaintiff satisfies CPLR § 5304(a)(1) because Italian courts are fair and impartial
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`and provide procedures compatible with the due process afforded defendants under New York
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`law. As set forth above, Defendant was given, and made use of, the opportunity to fully defend
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`against Plaintiff’s claims, including all available appeals.
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`25.
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`Plaintiff satisfies CPLR § 5304(a)(2) and (a)(3) because the Italian courts had
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`personal jurisdiction over Defendant and subject matter jurisdiction over the action. Defendant
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`never challenged the Italian courts’ jurisdiction to award the damages and other monetary relief
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`at issue in this proceeding.
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`26.
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`Further, none of the non-mandatory grounds for non-recognition under CPLR
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`§ 5304(b) applies in this case.
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`27.
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`Defendant received notice of the proceeding in sufficient time to defend, and in
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`fact did present its defenses.
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`28.
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`There is no evidence that the Italian Judgment was procured by fraud.
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`29.
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`Nothing about the Italian Judgment’s award of damages and other monetary relief
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`is contrary to the public policy of New York or the United States.
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`FILED: NEW YORK COUNTY CLERK 06/01/2023 12:17 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 652646/2023
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`RECEIVED NYSCEF: 06/01/2023
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`30.
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`The Italian Judgment does not conflict with another final and conclusive
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`judgment.
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`31.
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`The Italian Judgment is not contrary to an agreement between the parties to
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`resolve the dispute otherwise than by a proceeding in the Italian courts.
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`32.
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`Neither the Rome Lower Court nor the Rome Appellate Court was a seriously
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`inconvenient forum, nor was their jurisdiction based only on personal service.
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`33.
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`As set forth in greater detail above, the circumstances resulting in the Italian
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`Judgment raise no doubts about the integrity of the proceedings before the Rome Lower Court
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`and the Rome Appellate Court. Likewise, there is no evidence that either court failed to proceed
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`in accordance with the requirements of due process.
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`34.
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`The Italian Judgment does not concern allegations of defamation.
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`FILED: NEW YORK COUNTY CLERK 06/01/2023 12:17 PM
`NYSCEF DOC. NO. 2
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`INDEX NO. 652646/2023
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`RECEIVED NYSCEF: 06/01/2023
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` DEMAND FOR RELIEF
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`WHEREFORE, Plaintiff Reti Televisive Italiane S.p.A. respectfully requests that this
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`Court enter judgment in its favor and against Defendant Vimeo Inc. as follows:
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`(A)
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` recognizing and enforcing the Italian Judgment’s award of damages and other
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`monetary relief;
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`(B) Awarding Plaintiff the principal amount of $ 9,111,502.92 (equivalent to the sum
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`total of EUR 8,528,974.00, excluding Italian VAT, awarded to Plaintiff in the
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`Italian Judgment);
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`(C) Awarding interest on the foregoing amount at the statutory rate of nine percent
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`(9%) pursuant to CPLR § 5004, from the date of publication of the Lower Court
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`Decision on January 10, 2019 until payment has been made in full;
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`(D) Awarding Plaintiff its costs, disbursements and attorneys’ fees; and
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`(E)
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`Granting Plaintiff such other and further relief as the Court deems just and proper.
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`Dated:
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`New York, New York
`June 1, 2023
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`Respectfully Submitted,
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`/s/ Yasmine Lahlou
`___________________________
`Yasmine Lahlou
`Andreas A. Frischknecht
`Lidia H. S. Rezende
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`CHAFFETZ LINDSEY LLP
`1700 Broadway, 33rd Floor
`New York, NY 10019
`Tel. (212) 257-6960
`Fax (212) 257-6950
`y.lahlou@chaffetzlindsey.com
`www.chaffetzlindsey.com
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`Attorneys for Reti Televisive Italiane S.p.A.
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