Friday, March 19, 2010

Traverse Internet Law Federal Court Report: February 2010 Copyright Infringement Cases


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.


SPECIALTY CATALOG CORPORATION v. B2B WEB VENTURES, LLC
DISTRICT OF MASSACHUSSETTS (BOSTON)
1:10-CV-10303
FILED: 2/22/2010

There is no chance of proving trademark rights in such a generic term. The problem with asserting claims that are exceptionally weak is that your lawyer’s cease and desist letter can be met with a declaratory judgment lawsuit against you in the other party’s backyard. Don’t expect, ask, or allow your attorney to just file “cease and desist” and demand letters or you too may find yourself on the receiving end of a federal lawsuit.

The Plaintiff operated a website at “wig.com”. The Defendants operates a website at “wigs.com”. The Defendant is accusing the Plaintiff of trademark infringement.

The Plaintiff requests declaratory relief for non-infringement of trademark and trade dress, non-infringement of copyrights, and non-violation of state laws. Traverse Internet Law Cross-Reference Number 1405.


ZUFFA, LLC v. MOAZZAM GANDU
DISTRICT OF NEVADA (LAS VEGAS)
2:10-CV-00228
FILED: 2/18/2010

If you’re in the broadcast entertainment industry, you know that there is a huge problem with copyright infringement. Many websites that accept postings from third parties as user generated content run the risk of copyright infringement even when complying with the Digital Millennium Copyright Act. There is a split of legal authority throughout the country as to a website’s liability even with the takedown notice process for copyright infringement in use. Don’t sit back and rely exclusively on receiving DMCA takedown notices in order for you to act on copyright infringement issues.

Zuffa is better knows as the “Ultimate Fighting Championship”, and the Defendant is alleged to be operating a website that is offering unauthorized “live streaming” of an upcoming fight for $6.99. The Plaintiff charges $44.95.

The lawsuit alleges copyright infringement, contributory copyright infringement, vicarious copyright infringement, trademark infringement, unfair competition, trademark dilution, common law trademark infringement, deceptive trade practices, and intentional interference with prospective economic advantage. The Plaintiff requests a temporary restraining order, preliminary and permanent injunctive relief, statutory damages up to $150,000 per infringement, actual damages, full litigation costs, compensatory damages, consequential damages, statutory damages, exemplary damages, and punitive damages. Traverse Internet Law Cross-Reference Number 1406.