Tuesday, March 29, 2011

Traverse Internet Law Federal Court Report: March 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.

FILED: 2/23/2011

The Defendant may be liable for copyright infringement, but it will all depend upon the wording of the contract between the parties. In some instances the contract only provides for the recovery of payment and the license arises prior to full payment being made, which therefore vests the right to use the content in the Defendant. A well drafted contract will always make the license to use the content, or the transfer or assignment of the content, subject to full payment and full compliance with the terms of the contract.

Strategia Design is a brand consulting company that specializes in marketing. The Defendant is a company that specializes in providing weight-loss solutions. The Plaintiff is alleged to have provided over $100,000 worth of website content development services and the Plaintiff has allegedly not paid for the content and services.

Counts in the lawsuit include copyright infringement of article designs, copyright infringement of website content, copyright infringement of logo design, breach of contract for Article Design Master Contract, breach of contract for Content Design Master Contract, and unjust enrichment. Plaintiff requests preliminary and permanent injunctive relief, an accounting and disgorgement of profits, statutory damages, actual damages, treble damages, attorneys’ fees and any further relief the Court deems proper. Traverse Internet Law Cross-Reference Number 1475.