Wednesday, April 7, 2010

Traverse Internet Law Federal Court Report: March 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.


SANDRA WILSON v. MICHELLE PARRISH AND ALAN MAIER
NORTHERN DISTRICT OF INDIANA (FORT WAYNE)
1:10-CV-00089
FILED: 3/31/2010

It does not appear that the Plaintiff used a Digital Millennium Copyright Act takedown notice to pull down the infringing content. We are dealing with this type of issue on several fronts. It would seem advisable to serve a DMCA takedown notice to solve the problem of copyright infringement without the necessity for expensive litigation. The DMCA takedown notice process exists to make it easy to deal with relatively small problems like this. One needs to be very careful about the content and the strength of the copyright infringement claim because attorneys’ fees can be awarded against a party serving an unjustified DMCA takedown notice. But it is most often the wisest approach.

The individual Plaintiff, Sandra Wilson, is a resident of Tennessee and the Defendants are residents of Indiana. This lawsuit claims that the Defendants have placed on their websites designs owned by the Plaintiff.

The lawsuit alleges copyright infringement and requests actual damages, an accounting of profits, compensatory damages, attorneys’ fees and costs. Traverse Internet Law Cross-Reference Number 1415.

7 comments:

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Anonymous said...

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