Wednesday, February 16, 2011

Traverse Internet Law Federal Court Report: January 2011 - 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.


WELLOSOPHY CORPORATION v. HERO NUTRITION, LLC and DAVID BARTON
DISTRICT OF NEVADA
2:10-CV-02229
FILED: 12/22/2010

Before you go spending a small fortune on litigating a federal court case over copyright infringement, consider using a lawyer to issue a DMCA takedown notice and disabling the website and your competitor’s financial transaction processor and interrupting other key business partner relationships. This can be a much more economical and effective approach than undertaking litigation.

Plaintiff and Defendant appear to be selling nutraceuticals. Defendants are alleged to have copied the Plaintiffs’ website and used it in the marketing of its products.

Wellosophy Corporation alleges copyright infringement, direct copyright infringement (public display), and unfair, deceptive, and fraudulent business practices. They request preliminary and permanent injunctive relief, transfer of the infringing domain, control of all infringing materials and content, actual damages, an award of Defendants’ profits, and other relief the Court deems appropriate. Traverse Internet Law Cross-Reference Number 1462.

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