Wednesday, November 25, 2009

Traverse Internet Law Federal Court Report: October 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.


CYBER WEBSMITH, INC. v. AMERICAN DENTAL ASSOCIATION, ET AL.
NORTHERN DISTRICT OF ILLINOIS (CHICAGO)
1:09-CV-06198
FILED: 10/05/2009

The American Dental Association and various subsidiaries are alleged to have taken the templates from the Plaintiff and held them out as their own. My guess is that what happened was a web developer at the ADA took a shortcut and his management didn’t conduct a simple source check. All they had to do was type unique website text into Google and see what results were generated before launching the websites into the marketplace. How can you be sure that the website delivered to you by your web developer does not infringe on the copyright of a third party? A little due diligence will go a long way. Under copyright law, intent or knowledge is not required, so if you are using a copyright protected work of another there is liability, whether you knew it or not.

The Plaintiff is engaged in the business of website design and marketing services, web hosting services, domain name registration services, and audio and video production services using website templates. The Defendants are alleged to have copied the Plaintiff’s work and licensed the resulting websites to dental practices across the United States.

The lawsuit alleges copyright infringement, contributory copyright infringement, unfair competition, and deceptive trade practices under 815 ILCS 510/2. Plaintiffs request the entry of a preliminary and permanent injunction against Defendant, the impoundment of all infringing copies of Plaintiff’s wok, actual damages, treble damages, reasonable attorneys’ fees and costs, and other relief the Court deems just. Traverse Internet Law Cross-Reference Number 1370.

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