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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
MIAMI DIVISION
Case No.: 17-CV-20952-UU
TELEMUNDO NETWORK GROUP LLC, a
Delaware limited liability company,
Plaintiff
v.
ELITE SOCCER AGENCY, LLC, a Florida
limited liability company, and
PUBLICIDADES USA INC., a Florida
Corporation,
Defendants
AMENDED COMPLAINT 1
Plaintiff, Telemundo Network Group LLC (“Telemundo”) for its Complaint against
Defendants, Elite Soccer Agency, LLC, and Publicidades USA Inc. (“Defendants”) alleges as
follows:
INTRODUCTION
1.

This is an action by Telemundo to enforce its exclusive license to broadcast in the

United States the Confederation of North, Central America and Caribbean Association Football
(“CONCACAF”) qualifying soccer games leading to the 2018 and 2022 FIFA World Cups in the
Spanish Language via television and digital media, to enjoin Defendants from interfering with
Telemundo’s exclusive license rights, and for damages.
2.

Telemundo purchased these rights to broadcast the 2018 and 2022 CONCACAF

World Cup qualifiers for tens of millions of dollars in December 2014, in an arms-length, wellThis amendment solely corrects the identification of Defendant, Elite Soccer Agency LLC,
which was misidentified as Elite Sports Agency LLC in the original complaint [ECF No. 1].
1

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publicized transaction with non-parties Traffic Sports USA, Inc. (“Traffic”) and Media World,
LLC (“Media World”). Telemundo plans to broadcast these games as part of its comprehensive
coverage of the World Cup qualifying rounds to its millions of viewers in the U.S., and has
already invested heavily in the preparation for and promotion of these broadcasts.
3.

Just last month, Telemundo was contacted by Defendant Elite Soccer Agency,

LLC (“Elite”). Elite purported to be authorized to re-sell the broadcast rights to certain
CONCACAF qualifying matches to take place in Trinidad & Tobago (“Trinidad”), which
Telemundo already had bought and paid for as part of its transaction in December 2014.
Telemundo also learned that Elite reached out to Telemundo’s competitors to offer to sell them
the rights belonging to Telemundo.
4.

As Telemundo also learned very recently, Elite and Defendant Publicidades USA

Inc. (“Publicidades”) claim to have obtained the right to license these matches in Trinidad from
non-party the Trinidad & Tobago Soccer Association (the “TTFA”), and they have been working
through the TTFA to hinder necessary pre-production work at the soccer stadium in Trinidad,
thereby threatening to prevent Telemundo from exercising its rights to broadcast important
upcoming matches in Trinidad on March 24 and March 28, 2017.
5.

Defendants’ conduct is a brazen attempt to interfere with Telemundo’s rights and

to coerce Telemundo into paying more for a license that – as Defendants are well aware –
Telemundo already purchased in a legitimate, good faith transaction for valuable consideration
years ago. Defendants seek to justify their unlawful conduct with allegations made by the TTFA
that there were deficiencies in a contract in 2012 whereby TTFA sold the rights that later were
acquired by Telemundo in December 2014, multiple links down the contractual chain.
Defendants’ position is nonsense. Even if a contract upstream from Telemundo’s purchase of the

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rights were deficient in some way, Telemundo is a good-faith, innocent purchaser for value and
its exclusive license must be honored. Indeed, until last month, neither Defendants nor anyone
else questioned the legitimacy of Telemundo’s license – even when Telemundo, via an affiliated
network, broadcast the most recent CONCACAF qualifying match in Trinidad last November.
Defendants are engaged in nothing more than a cynical, unlawful shakedown of Telemundo.
THE PARTIES
6.

Plaintiff, Telemundo, is a limited liability company organized under the laws of

the State of Delaware. As a limited liability company, for federal diversity of citizenship
purposes, Telemundo is considered a citizen of any state in which one or more of its members is
a citizen.

In determining the citizenship of each member, the same rules apply such that

intermediate LLCs are disregarded in the corporate chain until corporations and/or individuals
are reached.

Telemundo’s sole member is another LLC called Telemundo Media LLC.

Telemundo Media LLC has two members, (i) NBC Universal Media LLC and (ii) NBC
Subsidiary LLC, whose sole member is NBC Stations Management II LLC, whose sole member
is NBC Universal Media LLC (the same entity that is the other member of Telemundo Media
LLC). NBC Universal Media LLC’s sole member is NBCUniversal LLC.

The members of

NBCUniversal, LLC are (i) Comcast Navy Acquisition, LLC, (ii) Comcast Navy Contribution,
LLC, (iii) NBCUniversal Enterprise, Inc., and (iv) SNL Entertainment Holdings, Inc., which is
incorporated in Delaware and has its principal place of business in Pennsylvania. The sole
member of Comcast Navy Acquisition, LLC is Comcast Corporation, a Pennsylvania corporation
with its principal place of business in Pennsylvania.

The members of Comcast Navy

Contribution, LLC are (i) Comcast SportsNet New England Holdings, LLC, (ii) Comcast
SportsNet Philadelphia Holdings, LLC, (iii) Versus Holdings, LLC, (iv) Comcast CHC, LLC, (v)

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E! Holdings, Inc., a Delaware corporation with its principal place of business in Pennsylvania;
and (vi) Comcast Contribution Holdings, LLC. The members of Comcast SportsNet New
England Holdings, LLC are (i) Comcast SportsNet NE Holdings, Inc., a Delaware corporation
with its principal place of business in Pennsylvania; and (ii) CSNNE Partner, LLC.

The

members of Comcast SportsNet Philadelphia Holdings, LLC are (i) Comcast Holdings
Corporation, a Pennsylvania corporation with its principal place of business in Pennsylvania; and
(ii) Comcast Spectator Holding Company, Inc., a Delaware corporation with its principal place
of business in Pennsylvania. The members of Versus Holdings, LLC are (i) Comcast Holdings
Corporation, a Pennsylvania corporation with its principal place of business in Pennsylvania; and
(ii) E! Holdings, Inc., a Delaware corporation with its principal place of business in
Pennsylvania. The sole member of Comcast CHC, LLC is Comcast Holdings Corporation, a
Pennsylvania corporation with its principal place of business in Pennsylvania. The sole member
of Comcast Contribution Holdings, LLC is Comcast Corporation, a Pennsylvania corporation
with its principal place of business in Pennsylvania. The sole member of CSNNE Partner, LLC is
Comcast Holdings Corporation, a Pennsylvania corporation with its principal place of business
in Pennsylvania. Thus Telemundo is a citizen of Delaware and Pennsylvania for diversity of
citizenship purposes because all of the ultimate members of Telemundo throughout its corporate
chain are limited liability companies whose ultimate ownership rests with corporations that are
citizens of Delaware and Pennsylvania.
7.

Defendant, Elite, is a Florida limited liability company. Upon information and

belief, its sole member is Ylan Daniel Singer (“Singer”), an individual, who resides in MiamiDade County Florida and is a citizen of Florida. Therefore Elite is a citizen of the State of
Florida.

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8.

Defendant, Publicidades, is a Florida corporation with its principal place of

business in Miami-Dade County, Florida. Therefore Publicidades is a citizen of the State of
Florida.
JURISDICTION AND VENUE
9.

This is an action for damages and injunctive relief. The amount in controversy

exceeds $75,000, exclusive of reasonable attorneys’ fees, interest, and costs. The Court has
jurisdiction pursuant to 28 U.S.C. § 1332 because there exists complete diversity between the
parties and the amount in controversy exceeds the Court’s jurisdictional threshold.
10.

Venue is proper in the Southern District of Florida pursuant to 28 U.S.C. §

1391(b) because it is the district in which the Defendants reside and in which a substantial part of
the events or omissions giving rise to the claim occurred.
11.

All conditions precedent to filing this action occurred, have been performed, have

been waived, or have otherwise been excused.
FACTS
12.

Telemundo

owns

the

exclusive

Spanish-language

rights

to

broadcast

CONCACAF qualifying soccer games leading to the 2018 and 2022 World Cups in the United
States via television and digital media (the “Content Rights”) pursuant to a Soccer License
Agreement (the “Telemundo Agreement”) between Telemundo, as the Licensee, and non-parties,
Traffic and Media World, which together are the Licensor under the Telemundo Agreement. A
redacted copy of the Telemundo Agreement is attached as Exhibit 1.
13.

For both the 2018 and 2022 CONCACAF qualifying Tournaments, Telemundo’s

rights extend to:
a. All Mexican National Team away qualifiers (other than those played in the United
States).

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b. All U.S.A. National Team away qualifiers (other than those played in Mexico).
c. All other CONCACAF countries’ home qualifiers, except Mexico and the United
States.
Exhibit 1, Telemundo Agreement at § 1; Schedule A.
14.

CONCACAF is the administrative body for international soccer in the Western

Hemisphere (excluding South America). CONCACAF manages competitions, training courses
and promotes the sport of soccer throughout its territory and is a member of FIFA, the global
administrative body for soccer.
15.

CONCACAF does not control or commercialize the rights to broadcast the soccer

games and tournaments it manages. Rather, those rights originate with the 41 national soccer
associations that comprise CONCACAF’s membership. Those 41 member associations are
organized into three sub regions: the North American Football Union, the Union Centro
Americana de Futbol, and the Caribbean Football Union (the “CFU”).
16.

The CFU is the official governing body of Caribbean football associations and

federations. The CFU is comprised of 31 Member Associations. The CFU was established in
January 1978 and its Member Associations compete in CFU and CONCACAF competitions.
17.

The TTFA is one of the CFU’s member associations and is the governing body of

football in Trinidad and Tobago. It is based in Port of Spain, Trinidad. It is a member of FIFA
and CONCACAF.

According to its website, the TTFA was founded in 1908. After Trinidad

and Tobago achieved independence in 1962, the TTFA became a member of FIFA and
CONCACAF in 1963. According to the CFU’s website, the TTFA has been a member of the
CFU since 1964.
18.

On information and belief, in 1998, the name of the TTFA was changed to the

Trinidad and Tobago Football Federation (the “TTFF”), and the TTFA operated under this name

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until July 2013, when it became known once again as the TTFA. At all relevant times there has
been a continuity of the organization now known as the TTFA, and the TTFA is legally bound by
and responsible for the actions taken and contracts signed while the organization was called the
TTFF.
19.

Pursuant to Section 3.2 and 3.4 of the CFU Statute, the organizing document of

the CFU, in order to become and to remain a member of the CFU, the TTFA was and is
obligated to agree to comply with the Statute and regulations of the CFU. A true and correct
copy of the CFU Statute in effect since May 22, 2012, is attached as Exhibit 2.
20.

The TTFA was represented at the CFU’s May 22, 2012 35th Annual Congress at

which the current version of the CFU Statute was adopted.
21.

The CFU Statute governs the relationship between the CFU and its member

associations, including the TTFA, with respect to the broadcast rights over soccer games.
Section 8.2 states:
The CFU and the Member Associations shall have the exclusive rights to
broadcast and use, as well as authorize for broadcast and use, by picture, sound or
other data carriers of any kind (including data carriers which have yet to be
developed), matches which come within their jurisdiction, either live or recorded,
in whole or as excerpts.
And Section 8.1 states:
The CFU shall exploit all rights which it owns or shares with third parties, such as
property rights of any type, intellectual property rights and rights for audio-visual
and sound-broadcasting transmissions by picture or data carrier of any kind
(including all means of transmitting computer images, with or without sound,
such as Internet, on-line services or the like, whether existing already or not). This
includes the production, duplication, dissemination and broadcasting of pictures,
sound or data carriers of any kind by the CFU alone or with third parties.
22.

Thus, pursuant to these provisions, the CFU had the right to exploit the rights to

broadcast games of the CFU and its Member Associations, pursuant to the CFU Statute.

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23.

In addition, on or about August 29, 2012, the TTFA (then known as the TTFF)

entered into a written Transfer of Broadcast Rights Agreement with the CFU (the “CFU-TTFA
Agreement”), pursuant to which the TTFA irrevocably transferred to the CFU the exclusive right
to broadcast the home games to be played by the national soccer team of Trinidad and Tobago
(the “Trinidad National Team”) in the 2018 and 2022 CONCACAF World Cup qualifying
games. A true and correct copy of the CFU-TTFA Agreement is attached as Exhibit 3.
24.

In the CFU-TTFA Agreement, the TTFA acknowledged and represented that:
d. The TTFA is “a full member” of the CFU and it “owns the Rights (as defined
below) associated with the home matches for the 2018 FIFA World Cup
qualifying matches and the 2022 FIFA World Cup qualifying matches.” Exhibit 3,
CFU-TTFA Agreement at ¶ 2.
e. The TTFA “was present and duly represented on 22 May 2012 at the XCXXV
CFU Ordinary Congress (the “Congress”) in Budapest, Hungary at which the
majority of the membership of the CFU agreed that the CFU should enter into
negotiations,” to commercialize the rights to broadcast said home games by
negotiating to sell them to Traffic. Id. at ¶¶ 3, 4.
f. The TTFA “entered into this Agreement without coercion and are in possession of
all our faculties and with the full knowledge that the CFU will in turn be
transferring the Broadcasting Rights to Traffic.” Id. at ¶ 8.

25.

In addition, the TTFA specifically agreed as follows:

The parties agree that any agreement or arrangement negotiated by the CFU
with Traffic or any other third party with respect to such Rights will be
binding upon the members and no member may unilaterally opt out of the
provisions thereof.
Id. at ¶ 4 (emphasis added).

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26.

Both the CFU Statute and the CFU-TTFA Agreement were intended by the TTFA

and the CFU to allow the CFU to package the Trinidad National Team home games together
with the home games of the other 31 CFU Member Associations’ national teams for resale to one
or more commercial entities, such as Traffic, who would, in turn, commercialize the rights by
licensing them to broadcasters, like Telemundo.
27.

In this case, the CFU sold the rights to broadcast the home games of its 31

Member Associations’ national teams to Traffic in or around August 2012 pursuant to a written
agreement between the CFU and Traffic (the “Traffic-CFU Agreement”). A true and correct
copy of the Traffic-CFU Agreement is attached as Exhibit 4. Traffic partnered with Media
World to commercialize the rights through licenses to broadcasters.
28.

Traffic and Media World, in turn, licensed the Content Rights at issue here to

Telemundo on an exclusive basis pursuant to the Telemundo Agreement, which was signed in
December 2014.
29.

In exchange for these exclusive Content Rights, Telemundo became obligated to

pay Traffic and Media World a total of more than $30 million for qualifying CONCACAF
games for the 2018 World Cup, of which almost three-quarters has already been paid. The next
installment in the amount of several million dollars is due no later than March 31, 2017.
30.

Telemundo is thus a bona fide purchaser for value of the Content Rights.

Telemundo purchased the Content Rights in good faith.
31.

Telemundo’s purchase of the Content Rights was widely-publicized and is well-

known throughout the world of international soccer. Telemundo’s purchase of the Content
Rights from Traffic and Media World was announced publicly by Telemundo at the annual
broadcasting industry “upfront” presentations in May 2015, and carried widely in both English

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and Spanish-language media. A copy of Telemundo’s press release regarding the purchase of
the Content Rights is attached as Exhibit 5.
32.

The TTFA and the CFU were informed and became aware of Telemundo’s

purchase of the Content Rights from Traffic soon after the date of the Telemundo Agreement.
33.

As contemplated by the Telemundo Agreement, Telemundo has already begun

broadcasting CONCACAF qualifying games, including home games of the Trinidad National
Team for the 2018 World Cup, the most recent of which was played in November 2016.
34.

On or about February 7, 2017, the TTFA purported to enter into an agreement

with Elite to allow Elite to market and sell the broadcast rights to the Trinidad National Team’s
2018 and 2022 World Cup CONCACAF qualifying home games to broadcasters (the “EliteTTFA Agreement”).
35.

At the time that Elite and the TTFA entered into the purported Elite-TTFA

Agreement, Elite was already aware that the TTFA had previously sold the very same rights to
the CFU, which in turn had sold the rights to Traffic, which in turn had sold the Content Rights
to Telemundo pursuant to the Telemundo Agreement.
36.

In connection with the purported Elite-TTFA Agreement, the TTFA provided two

letters dated February 7, 2017 to Elite (the “Elite Letters”), which states:
This is to confirm that the Trinidad & Tobago Football Association (TTFA) is confirming
to all broadcasters that due to the significant irregularities in the process of the previous
sale of the World Cup Qualifying TV Rights by The Caribbean Football Union to
TRAFFIC and TRAFFIC’s subsequently [sic] sale of same to broadcasters, the TTFA has
decided to license the rights to ELITE SOCCER AGENCY LLC and therefore all
previous arrangements and/or alleged agreements are not valid. ELITE SOCCER
AGENCY LLC will have the sole and exclusive transmission rights, any deal signage
rights and any placement of cameras at all games being granted to the licensee herein.
True and correct copies of the Elite Letters are attached as Composite Exhibit 6.

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37.

Importantly, through the Elite Letters, the TTFA (and by adoption Elite) admitted

that they were both aware at the time of the Elite-TTFA Agreement that (a) the TTFA had
previously sold the rights to broadcast the Trinidad National Team’s 2018 and 2022 World Cup
CONCACAF qualifying home games to the CFU; (b) the CFU sold rights to broadcast the
Trinidad National Team’s 2018 and 2022 World Cup CONCACAF qualifying home games to
Traffic; and (c) Traffic sold the rights to broadcast the Trinidad National Team’s 2018 and 2022
World Cup CONCACAF qualifying home games to broadcasters, like Telemundo, who
purchased them in good faith and for value.
38.

Telemundo assumes that the reference to “irregularities” in the Elite Letter is a

reference to the fact that some former officials of Traffic, Media World and the CFU and were
among the more than 40 individuals and entities who were indicted in the highly publicized
criminal case that U.S. federal prosecutors brought in 2015 over FIFA-related corruption. No
one associated with Telemundo was charged or even mentioned in the indictment or superseding
indictment filed by federal prosecutors. At the time it purchased the Content Rights in good faith
and for tens of millions of dollars in value, Telemundo was not aware of any allegations of
wrongdoing by anyone at Traffic, Media World or the CFU. Telemundo negotiated the
Telemundo Agreement with Traffic and Media World in good faith and at arms’ length. Neither
the Defendants in this case nor anyone else has brought to Telemundo’s attention any evidence
that any court has invalidated any of the contracts among the TTFA, the CFU and Traffic.
39.

As a part of the Elite-TTFA Agreement, the TTFA agreed to indemnify Elite from

expected claims by Traffic and its licensees, including Telemundo (the “Elite Indemnity”). A
true and correct copy of the Elite Indemnity is attached as Exhibit 7. The Elite Indemnity States:
This is to confirm that the Trinidad & Tobago Football Association (TTFA) shall
indemnify, defend and hold harmless Licensee [Elite], its directors, officers,

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partners, members, employees, agents, owners, parents, Licensees, subsidiaries,
successors and assigns of each (collectively the “The [sic] TTFA Indemnified
Parties”) from and against any and all claims, liabilities costs and expenses
(including without limitation, reasonable attorneys’ and experts’ fees and court
cost) arising out of the Traffic claim that it owns or has owned the Transmission
Rights and the Field Signage Rights subject of this agreement.
Exhibit 7, Elite Indemnity.
40.

The Elite Indemnity is a further admission by the TTFA and Elite that at the time

of the Elite-TTFA Agreement they were both aware that (a) the TTFA sold the rights to
broadcast the Trinidad National Team’s 2018 and 2022 World Cup CONCACAF qualifying
home games to the CFU; (b) the CFU sold rights to broadcast the Trinidad National Team’s 2018
and 2022 World Cup CONCACAF qualifying home games to Traffic; and (c) Traffic sold the
rights to broadcast the Trinidad National Team’s 2018 and 2022 World Cup CONCACAF
qualifying home games to broadcasters, like Telemundo, who purchased them in good faith and
for value.
41.

The TTFA’s attempt to resell the rights to broadcast the Trinidad National Team’s

2018 and 2022 World Cup CONCACAF qualifying home games constitutes a breach of the
CFU-TTFA Agreement. Similarly, the TTFA’s attempt to resell the rights to broadcast the
Trinidad National Team’s 2018 and 2022 World Cup CONCACAF qualifying home games also
causes CFU to be in breach of the Traffic-CFU Agreement. Finally, the TTFA’s attempt to resell
the rights to broadcast the Trinidad National Team’s 2018 and 2022 World Cup CONCACAF
qualifying home games causes Traffic and Media World to be in breach of the Telemundo
Agreement.
42.

On information and belief, under Defendants’ agreements with

the TTFA

Agreement, Elite and Publicidades also have caused the TTFA to threaten to prevent a thirdparty production company from conducting work at the stadium in Trinidad that will be needed

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for Telemundo to broadcast the games.

Thus, not only do Elite’s actions threaten to rob

Telemundo of the exclusive right to broadcast the games, Elite (through the TTFA) is actively
interfering with and attempting to prevent Traffic from producing the games in order to prevent
Telemundo from broadcasting them at all.
43.

Elite’s attempt to purchase and resell the rights to broadcast the Trinidad

National Team’s 2018 and 2022 World Cup CONCACAF qualifying home games already
exclusively owned by Telemundo constitutes tortious interference with the Telemundo
Agreement. Likewise, Elite’s efforts to prevent Telemundo from broadcasting those games
constitutes tortious interference with the Telemundo Agreement.
44.

As set forth above, Elite was aware of the Telemundo Agreement at the time it

was signed in December 2014, or soon thereafter. In addition, Telemundo emphasized to Elite
and Publicidades last month the existence of the Telemundo Agreement and that their attempts to
re-sell the rights to games in Trinidad were an interference with Telemundo’s exclusive license
and its rights under the Telemundo Agreement.
45.

Elite’s actions were taken with the intent of interfering with or disrupting the

Telemundo Agreement, in that Elite’s actions are intended to deny Telemundo the exclusive
broadcast rights to the Trinidad National Team’s 2018 and 2022 World Cup CONCACAF
qualifying home games, which Telemundo purchased from Traffic in good faith and for valid
consideration under the Telemundo Agreement and to prevent Telemundo from broadcasting
those games at all.
46.

Elite’s interference with the Telemundo Agreement is not legally justified. As

Elite and Publicidades were informed, Telemundo acquired the exclusive U.S. Spanish-language
broadcast rights to the games in Trinidad in good faith and for valuable consideration. Further,

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Telemundo is not aware of any court ruling in any jurisdiction that invalidated the grant of rights
from the TTFA to the CFU, from the CFU to Traffic, or from Traffic to Telemundo. Moreover,
on information and belief, the TTFA has never returned the money it was paid in exchange for
the rights.
47.

Elite has attempted to resell to broadcasters the purported rights to broadcast the

Trinidad National Team’s 2018 and 2022 World Cup CONCACAF qualifying home games it
received from the TTFA. Indeed, starting on February 9, 2017, Elite’s CEO, Ylan Singer,
contacted Telemundo multiple times to attempt to convince Telemundo to purchase from Elite
the broadcast rights that Telemundo already owns.

In email correspondence, Mr. Singer

provided copies of the Elite Letters and Indemnity. True and correct copies of Mr. Singer’s
emails and attachments, along with a certified translation from Spanish to English, are attached
as Composite Exhibit 8. Further, on February 15 and 16, 2017, Telemundo received two emails
from Santiago Martinez, a sports television professional of Nexus Sports, urging Telemundo to
contact Mr. Singer about the CONCACAF World Cup qualifying games in Trinidad as Mr.
Martinez had already begun shopping the rights to other broadcasters on Mr. Singer’s behalf. A
true and correct copy of Mr. Martinez’s emails, along with a certified translation from Spanish to
English, is attached as Exhibit 9.
48.

Either Elite or TTFA or both have further contracted with Publicidades for

Publicidades to attempt to resell the rights to broadcast the Trinidad National Team’s 2018 and
2022 World Cup CONCACAF qualifying home games to broadcasters. On February 24, 2017,
Publicidades’s CEO, Francisco Salcedo, contacted Telemundo, again to try to convince
Telemundo to purchase the rights that it already owns and to suggest that Telemundo,

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Publicidades and the TTFA’s President, David John-Williams, meet in Miami to discuss the
purchase. A true and correct copy of Mr. Salcedo’s email is attached as Exhibit 10.
49.

Publicidades’s attempt to resell the rights to broadcast the Trinidad National

Team’s 2018 and 2022 World Cup CONCACAF qualifying home games constitutes tortious
interference with the Telemundo Agreement, for the same reasons that apply to Elite and are set
forth in paragraphs 42 to 46, above. Publicidades was aware of the Telemundo Agreement.
Publicidades’s actions were taken with the intent of interfering with or disrupting the Telemundo
Agreement. Publicidades’s interference with the Telemundo Agreement is not legally justified.
50.

In addition to communicating with defendants Elite and Publicidades to protest

their attempts to sell the rights to games for which Telemundo owns the broadcast license,
Telemundo also has explicitly attempted to avoid litigation by contacting the TTFA and asking
for assurance that the TTFA will not interfere with Telemundo’s valid and exclusive broadcast
rights both in Trinidad and in the United States. However, the TTFA has not provided
Telemundo with such assurance.
51.

International soccer is the most popular and highest rated sport broadcast by

Telemundo, and Telemundo’s ability to broadcast an extensive lineup of CONCACAF World
Cup qualifying games, including the games in Trinidad, is essential to its business. Because
advertisers and viewers expect Telemundo to carry the March 2017 Games as part of its lineup of
soccer coverage, Telemundo would suffer irreparable harm to its reputation and goodwill if it
were prevented from broadcasting the Trinidad National Team’s March 2017 home games
against Panama and Mexico, both of which have a large following among U.S. Hispanic viewers,
the consumers of the U.S. Spanish-language television market.

Likewise, Elite’s and

Publicidades’s ongoing attempts to re-sell the rights that Telemundo already owns exclusively

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stands to irreparably harm Telemundo’s goodwill and business reputation by causing viewers
and advertisers to question whether Telemundo can deliver the exclusive programming it has
promised.
COUNT I
TORTIOUS INTERFERENCE WITH CONTRACT AND
WITH ADVANTAGEOUS BUSINESS RELATIONS
52.

Telemundo reincorporates and realleges the allegations set forth in paragraphs 1

through 51 as if fully set forth herein.
53.

Telemundo, on the one hand, and Traffic and Media World, on the other hand, are

parties to the Telemundo Agreement.
54.

The Telemundo Agreement is a valid, binding contract.

55.

The Telemundo Agreement requires, among other things, Traffic and Media

World to:
g. provide Telemundo the exclusive right to broadcast the Trinidad National Team’s
2018 and 2022 World Cup CONCACAF qualifying home games in the Spanish
language in the United States on television and all digital media (Telemundo
Agreement at § 1, Schedule A, Schedule B at § 2);
h. deliver a video feed of the games (id. at § 5.1); and
i. produce the video feed of the games (id. at 5.2).
56.

Telemundo also has an advantageous business relationship with Traffic and

Media World for broadcast of the 2018 and 2022 World Cup CONCACAF qualifying games.
57.

Elite induced the TTFA to purport to resell to it the same Content Rights already

owned by Telemundo with respect to the Trinidad National Team’s 2018 and 2022 World Cup
CONCACAF qualifying home games. Elite has further attempted to resell to broadcasters the

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purported rights to broadcast the Trinidad National Team’s 2018 and 2022 World Cup
CONCACAF qualifying home games it purports to have received from the TTFA.
58.

Elite’s attempts to purchase and then resell the rights to broadcast the Trinidad

National Team’s 2018 and 2022 World Cup CONCACAF qualifying home games constitutes
tortious interference with the Telemundo Agreement.

Elite was aware of the Telemundo

Agreement at the time it attempted to purchase and resell the rights to broadcast the Trinidad
National Team’s 2018 and 2022 World Cup CONCACAF qualifying home games. Elite’s
actions were taken with the intent of interfering with or disrupting the Telemundo Agreement.
Elite interference with the Telemundo Agreement is not legally justified.
59.

Publicidades induced Elite or the TTFA or both to purport to resell to it the same

Content Rights already owned by Telemundo with respect to the Trinidad National Team’s 2018
and 2022 World Cup CONCACAF qualifying home games. Publicidades has further attempted
to resell to broadcasters the purported rights to broadcast the Trinidad National Team’s 2018 and
2022 World Cup CONCACAF qualifying home games.
60.

Publicidades’s attempt to resell the rights to broadcast the Trinidad National

Team’s 2018 and 2022 World Cup CONCACAF qualifying home games constitutes tortious
interference with the Telemundo Agreement.

Publicidades was aware of the Telemundo

Agreement. Publicidades’s actions were taken with the intent of interfering with or disrupting
the Telemundo Agreement. Publicidades’s interference with the Telemundo Agreement is not
legally justified.
61.

This interference with the Telemundo Agreement by Elite and Publicidades has

proximately caused damage to Telemundo.

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 Case 1:17-cv-20952-UU Document 9 Entered on FLSD Docket 03/14/2017 Page 18 of 18

62.

The harm to Telemundo from this interference cannot be adequately remedied at

law. Indeed, the parties to the Telemundo Agreement acknowledged that irreparable injury
would result from any breach of failure to perform the terms of the Telemundo Agreement:
The parties agree that irreparable injury, for which an adequate legal remedy does
not exist, will occur if any of the provisions of this Agreement are not performed
in accordance with their specific terms or were otherwise breached. Accordingly,
the parties agree that, in addition to any other remedy to which it may have at law
or in equity, the non-breaching party will be entitled to seek an injunction to
prevent breaches or threatened breaches of this Agreement and to enforce
specifically the terms and provisions hereof in those courts having jurisdiction
pursuant to Section 15.2.
Exhibit 1, Telemundo Agreement at Schedule B, § 15.3.
Wherefore, Telemundo respectfully requests that the Court grant the following relief
against Defendants, Elite and Publicidades:
(a) injunctive relief enjoining the TTFA, Elite and Publicidades from further interference
with the Telemundo Agreement;
(b) judgment for damages in an amount to be proven including prejudgment interest and
additional interest accruing after judgment;
(c) such other relief as the Court deems just and proper.
Date: March 14, 2017

Respectfully submitted,
GREENBERG TRAURIG, P.A.
Attorneys for Plaintiff Telemundo Network
Group LLC.
333 SE 2nd Avenue, Suite 4400
Miami, Florida 33131
Telephone: (305) 579-0500
Facsimile: (305) 579-0717
/s/ Eliot Pedrosa
ELIOT PEDROSA, ESQ.
Florida Bar No. 0182443
pedrosae@gtlaw.com
ANGELA KORGE, ESQ.
Florida Bar No. 125419
korgea@gtlaw.com
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