Thursday, January 19, 2012

Traverse Internet Law Federal Court Report: January 2012 - 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.


OUTDOOR IDENTITIES, LLC v. FISHOUFLAGE APPAREL, LLC, ET AL.
EASTERN DISTRICT OF WISCONSIN (GREEN BAY)
1:11-CV-01161-WCG
FILED: 12/22/2011

When you have a business relationship there is an expectation of fair dealing. When you break up it can be a lot like a personal divorce in the sense of complexity and emotions. Make sure you comply with contracts or understandings and agreements in order to avoid the backlash of a nasty “divorce”.

The Plaintiff is a leading manufacturer and marketer of quality fishing gear. The Defendants were retailers of the Plaintiff’s goods. The Plaintiff terminated the affiliation with the Defendant retailers but the Defendants continued to use the website with the copyright protected materials owned by the Plaintiff, despite numerous requests to stop such use.

Plaintiff alleges trademark infringement, trademark counterfeiting, false designation of origin, copyright infringement, and breach of contract. The prayer for relief requests Defendants to be enjoined from engaging in any further infringement and to pay for statutory and treble damages, attorneys’ fees, statutory damages and any other just relief. Traverse Internet Law Cross Reference Number 1539.