Friday, April 17, 2009

Traverse Internet Law Federal Court Report: March 2009 Copyright Infringement Lawsuits

The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.

FILED: 3/13/2009

This is a John Doe lawsuit that aims at pursuing everyone involved with the Defendant’s businesses. Merely having a corporation rarely shields individuals from liability when directly and personally involved in this type of alleged misconduct. For those of you who think that forming a corporation provides a level of insulation, think again. And for those of you who are considering pursuing parties involved in copyright infringement, it might be advisable to consider that the individuals involved in the corporation may be personally liable for the copyright infringement.

PNZ is in the business of marketing and selling referral services through its various websites in the fields of dentistry, chiropractic, health clubs and personal fitness. The Defendants are alleged to have conspired to misappropriate much of the content of the Plaintiff’s businesses and copied substantial portions of the Plaintiff’s website and other websites and has launched those as competitive options to Plaintiff’s services.

The lawsuit includes a claim for copyright infringement, common law unfair competition, unfair competition under New Jersey state law, and tortious interference with prospective business and economic advantage. Plaintiff requests a “declaration” that Defendants willfully infringed the Plaintiff’s copyrighted works, the entry of a preliminary and permanent injunction enjoining the eight Defendants and others from copying, displaying, selling, reproducing or preparing derivative works of any original works of authorship of the Plaintiff, actual damages, compensatory damages, consequential and incidental damages, punitive damages, triple and exemplary damages, and reasonable attorneys’ fees, costs, and interest. Traverse Internet Law Cross-Reference Number 1303.

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