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Contract analysis / notice-of-claim-fortbridge.docx
notice-of-claim-fortbridge.docx
High · 1
Medium · 5
Standard · 4
I. PURPOSE AND BASIS OF NOTICE
Medium
⚑ Notice / time limit to track
I. PURPOSE AND BASIS OF NOTICE This firm represents Aurelius Global Media Group PLC ("Aurelius" or "AGMG"), a public limited company incorporated in England and Wales (Companies House Registration No. 08724561), with its principal headquarters at 45 Clarewood Place, London W1K 6TH, United Kingdom. Aurelius conducts its United States operations through its wholly-owned Delaware subsidiary, Aurelius Media Americas, Inc
II. IDENTIFICATION OF THE INSURED
II. IDENTIFICATION OF THE INSURED The insured tendering this claim is identified as follows: Full Legal Name: Aurelius Global Media Group PLC Entity Type: Public limited company, incorporated under the laws of England and Wales Companies House Registration No.: 08724561 Principal Headquarters: 45 Clarewood Place, London W1K 6TH, United Kingdom U.S. Subsidiary: Aurelius Media Americas, Inc., 1900 Avenue of the Stars,
III. POLICY INFORMATION
III. POLICY INFORMATION The relevant insurance policy information is as follows: Policy Number: FSI-ML-2024-07821 Insurer: Fortbridge Specialty Insurance Company Coverage Type: Media Liability / Intellectual Property Enforcement Per Occurrence Limit of Liability: $25,000,000 Aggregate Limit of Liability: $50,000,000 Insurance Broker of Record: Calder & Whitfield Insurance Brokers Ltd., 71 Fenchurch Street, London EC3
IV. DESCRIPTION OF THE CLAIM — PARTIES INVOLVED
Medium
⚑ Liability cap to check against exposure
IV. DESCRIPTION OF THE CLAIM — PARTIES INVOLVED A. Prospective Defendant: StreamNow Holdings, Inc. Full Legal Name: StreamNow Holdings, Inc. Entity Type: Delaware corporation (Delaware Division of Corporations File No. 7291843) Principal Headquarters: 3400 Wilshire Boulevard, Suite 1800, Los Angeles, California 90010 Registered Agent (Delaware): Capitol Registered Agents, Inc., 1209 Orange Street, Wilmington, Delawar
1. Brindoval Channel Networks, Inc. — Dallas, Texas
1. Brindoval Channel Networks, Inc. — Dallas, Texas
2. BrightLoop Media, LLC — Miami, Florida
2. BrightLoop Media, LLC — Miami, Florida
3. Velvet Stream Partners, LP — Toronto, Ontario, Canada
3. Velvet Stream Partners, LP — Toronto, Ontario, Canada
4. Pacific Lantern Digital Pty Ltd — Sydney, New South Wales, Australia
4. Pacific Lantern Digital Pty Ltd — Sydney, New South Wales, Australia Each of these four entities received and made available to viewers Aurelius-owned audiovisual works that were sublicensed by StreamNow without any authorization from Aurelius. Aurelius is continuing its investigation into the scope of distribution and viewership attributable to each of these sublicensees and will supplement this notice with addit
V. NATURE OF THE CLAIM — FACTUAL BACKGROUND
V. NATURE OF THE CLAIM — FACTUAL BACKGROUND Aurelius alleges that StreamNow has, without authorization, reproduced, distributed, and publicly performed a substantial catalog of Aurelius-owned audiovisual works through the StreamNow platform and through sublicensed FAST channels. The scope, duration, and commercial scale of the infringement are summarized below. Works at Issue. The infringement involves a total of 217
VI. DISCOVERY AND INVESTIGATION TIMELINE
Standard
⚑ Commercial term
VI. DISCOVERY AND INVESTIGATION TIMELINE The following timeline summarizes the key events in Aurelius's discovery and investigation of the infringement that forms the basis of this claim: October 15, 2025: Lena Kowalski, Head of Digital Rights Enforcement for Aurelius, discovered multiple Aurelius-owned titles streaming on the StreamNow platform during routine platform monitoring. Ms. Kowalski identified titles from
VII. LEGAL CLAIMS ASSERTED AND TO BE ASSERTED
VII. LEGAL CLAIMS ASSERTED AND TO BE ASSERTED Based on the facts set forth herein and Aurelius's investigation to date, Aurelius anticipates asserting the following legal claims:
1. Federal Copyright Infringement under 17 U.S.C. §§ 106 and 501 — against StreamNow Hold
High
⚑ Non-compete / exclusivity restraint
1. Federal Copyright Infringement under 17 U.S.C. §§ 106 and 501 — against StreamNow Holdings, Inc. Aurelius will assert that StreamNow engaged in the unauthorized reproduction, distribution, and public performance of Aurelius-owned audiovisual works in violation of Aurelius's exclusive rights under 17 U.S.C. § 106(1), (3), and (4).
2. Contributory Copyright Infringement — against Meridian Digital Distributors, LLC and F
2. Contributory Copyright Infringement — against Meridian Digital Distributors, LLC and Franklin Ogilvie individually. Aurelius will assert that MDD and Ogilvie had knowledge of the infringing activity and materially contributed to it by providing StreamNow with access to Aurelius's content under a fraudulent sublicense, thereby enabling StreamNow's infringing reproduction, distribution, and public performance.
3. Inducement of Copyright Infringement — against Meridian Digital Distributors, LLC and
3. Inducement of Copyright Infringement — against Meridian Digital Distributors, LLC and Franklin Ogilvie individually. Aurelius will assert that MDD and Ogilvie acted with the intent to cause copyright infringement by affirmatively inducing StreamNow to infringe Aurelius's copyrights through the creation and execution of the fraudulent Content Distribution Agreement and the supply of Aurelius content for ingestion i
4. Unfair Business Practices under California Business and Professions Code § 17200 — aga
4. Unfair Business Practices under California Business and Professions Code § 17200 — against StreamNow Holdings, Inc. Aurelius will assert that StreamNow's unauthorized exploitation of Aurelius content constitutes an unlawful, unfair, or fraudulent business practice under California law.
5. Tortious Interference with Prospective Economic Advantage — against StreamNow Holdings
5. Tortious Interference with Prospective Economic Advantage — against StreamNow Holdings, Inc. Aurelius will assert that StreamNow's unauthorized exploitation of Aurelius content has interfered with Aurelius's existing and prospective licensing relationships with authorized distributors and platforms, resulting in measurable economic harm.
6. Potential Claims Against Franklin Ogilvie and MDD for Breach of Separation Agreement a
6. Potential Claims Against Franklin Ogilvie and MDD for Breach of Separation Agreement and Fraud. Aurelius is evaluating additional claims against Franklin Ogilvie and MDD for breach of the Separation and Release Agreement dated June 30, 2021, and for fraud in connection with the creation and execution of the purported Content Distribution Agreement with StreamNow. Aurelius reserves all rights with respect to these
VIII. COPYRIGHT REGISTRATION STATUS
Medium
⚑ Liability cap to check against exposure
VIII. COPYRIGHT REGISTRATION STATUS The copyright registration status of the 217 titles at issue has been verified through a comprehensive U.S. Copyright Office records search conducted by Lexington IP Services, Inc. and completed on January 22, 2026. The results are as follows: • 189 titles possess valid, timely U.S. copyright registrations. These registrations were made within three (3) months of the date of first
IX. ESTIMATED DAMAGES
Standard
⚑ Commercial term
IX. ESTIMATED DAMAGES Aurelius has retained the following expert consultants to assess the scope and quantum of damages resulting from the infringement: CipherTrace Analytics, LLC 2700 Sand Hill Road, Suite 130 Menlo Park, California 94025 Engagement Lead: Dr. Nathan Frey CipherTrace has been retained as a digital forensics expert to perform content fingerprinting, metadata extraction, and revenue attribution analysi
X. COVERAGE REQUESTED
Standard
⚑ Commercial term
X. COVERAGE REQUESTED Aurelius hereby requests that Fortbridge Specialty Insurance Company acknowledge coverage under Policy No. FSI-ML-2024-07821 for the costs of the enforcement action described in this letter. Specifically, Aurelius requests coverage for the following categories of expenses: Outside Counsel Fees. Calderwood & Harkness LLP is serving as Aurelius's outside counsel for this matter. The hourly billing
1. Confirm that the enforcement action described herein is covered under Policy No. FSI-M
1. Confirm that the enforcement action described herein is covered under Policy No. FSI-ML-2024-07821;
2. Assign a dedicated claims adjuster or claims handler to this matter;
2. Assign a dedicated claims adjuster or claims handler to this matter;
3. Advise Aurelius and its counsel of any reservation of rights, coverage defenses, or ad
3. Advise Aurelius and its counsel of any reservation of rights, coverage defenses, or additional information that Fortbridge may require to complete its evaluation of this claim; and
4. Provide the foregoing confirmation and any reservation of rights in writing within fif
4. Provide the foregoing confirmation and any reservation of rights in writing within fifteen (15) business days of receipt of this notice.
XI. ANTICIPATED TIMELINE AND UPCOMING MILESTONES
XI. ANTICIPATED TIMELINE AND UPCOMING MILESTONES Aurelius provides the following anticipated timeline and upcoming milestones for the enforcement action, subject to revision as circumstances develop: March 2026 (target): Service of formal cease-and-desist and pre-suit demand letters on StreamNow Holdings, Inc., Meridian Digital Distributors, LLC / Franklin Ogilvie, and the four FAST channel sublicensees identified in
XII. OUTSIDE COUNSEL AND EXPERT TEAM
XII. OUTSIDE COUNSEL AND EXPERT TEAM The following counsel and expert consultants are engaged on behalf of Aurelius in connection with this matter: Outside U.S. IP Counsel — Calderwood & Harkness LLP 1999 Avenue of the Stars, Suite 3100 Los Angeles, California 90067 • Marcus Delgado, Partner (Responsible Partner) • Catherine Bloom, Partner (Billing Partner) • Wendy Schultz, Senior Associate (Lead Associate) • Omar Si
XIII. BROKER INFORMATION AND CORRESPONDENCE INSTRUCTIONS
XIII. BROKER INFORMATION AND CORRESPONDENCE INSTRUCTIONS The insurance broker of record for the Policy is: Calder & Whitfield Insurance Brokers Ltd. 71 Fenchurch Street London EC3M 4BS United Kingdom Aurelius respectfully requests that Fortbridge copy Calder & Whitfield Insurance Brokers Ltd. on all correspondence regarding this claim. In addition, all correspondence regarding this claim should be directed to the fol
XIV. RESERVATION OF RIGHTS AND REQUEST FOR ADDITIONAL INFORMATION
Medium
⚑ Liability cap to check against exposure
XIV. RESERVATION OF RIGHTS AND REQUEST FOR ADDITIONAL INFORMATION Aurelius expressly reserves all of its rights under Policy No. FSI-ML-2024-07821, including but not limited to coverage for defense costs, outside counsel fees, expert fees, litigation expenses, and any other amounts payable in connection with the enforcement action described herein. Nothing in this notice shall be construed as a waiver or limitation o
XV. DOCUMENT PRESERVATION
Medium
⚑ Liability cap to check against exposure
XV. DOCUMENT PRESERVATION Aurelius respectfully requests that Fortbridge Specialty Insurance Company immediately preserve all documents, underwriting files, communications (including internal memoranda and correspondence), notes, and records of any kind relating to Policy No. FSI-ML-2024-07821 and to this claim. This request encompasses all materials in Fortbridge's possession, custody, or control, whether maintained
1. Copy of Policy No. FSI-ML-2024-07821, Declarations Page
1. Copy of Policy No. FSI-ML-2024-07821, Declarations Page
2. Calderwood & Harkness LLP Engagement Letter dated February 12, 2026
2. Calderwood & Harkness LLP Engagement Letter dated February 12, 2026
3. Copyright Registration Summary Report (Lexington IP Services, Inc., January 22, 2026)
Standard
⚑ Commercial term
3. Copyright Registration Summary Report (Lexington IP Services, Inc., January 22, 2026) Revenue Category | Estimated Amount Subscription revenue (SVOD tier) allocable to Aurelius titles | $22,400,000 Advertising revenue (AVOD tier) allocable to Aurelius titles | $9,700,000 Sublicensing fees received from FAST channel operators | $6,500,000 Total attributable revenue | $38,600,000 Attorney | Role | Hourly Rate Marcus