Feb 4, 2025

Hanover et ano -v- One Communications et ano

Hanover

Here is the summary for the Complaint

Nature of Action
This is an action complaint for copyright infringement and economic torts against One Communications (Guyana) Inc. and Tennicia De Freitas for unauthorized use of the musical compositions “Guyana” and “Oh Guyana” for commercial gain. The plaintiffs are seeking judicial remedy after attempts at settlement failed.

The Parties
The plaintiffs are Jackie Hanover, a Guyanese citizen who created “Guyana”, and Ivan Harry, a US/Guyana citizen who created “Oh Guyana”. The defendants are One Communications, a Guyanese telecom company with business ties to the US, and Tennicia De Freitas, a Guyanese singer who performs as Nekeita and has worked in the US.

At issue are two songs that were written, produced performed by Hanover and Harry. They are jthe joint copyright owners of the one of the songs. The complaint alleges that One Communications hired Tennicia De Freitas to perform the plaintiffs’ copyrighted works which was streamed over the internet to promote and rebrand the company. On September 6, 2024, One Communications held a rebranding event where Nekeita performed “Guyana” without authorization. This performance was broadcast and distributed widely without the plaintiffs’ consent, infringing their copyrights.

Claims
The complaint lists four counts:

  1. Copyright Infringement
  2. Tortious Interference (with Hanover’s business relationship with E-Networks)
  3. Unjust Enrichment (defendants profited from unauthorized use of plaintiffs’ work)
  4. Punitive Damages (due to willful and malicious conduct)

Demands
The plaintiffs are seeking:

  • At least $300,000 in damages for copyright infringement
  • Injunctive relief to prevent further unauthorized use
  • At least $350,000 for tortious interference
  • Disgorgement of economic gains from the infringement
  • At least $1,000,000 in punitive damages
  • Costs and attorney’s fees

The plaintiffs are demanding a jury trial for this case.

The case is Jackie Hanover a/k/a Jackie Jaxx and Ivan Harry a/k/a D’Ivan v One Communications (Guyana) and Tennicia De Freitas a/k/a Nekeita. It is being litigated in the United States District Court for the Eastern District of New York. Read the complaint here