Thursday, February 9, 2012

Traverse Internet Law Federal Court Report: February 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.


SCHOEMAKER v. COTA, ET AL.
DISTRICT OF NEBRASKA (OMAHA)
8:12-CV-00027-JFB-TDT
FILED: 1/16/2012

If you read this lawsuit it is obvious that the Plaintiff is concerned about the Defendant’s online reputation and cites negative information posted about the Defendant. This obviously creates a concern that Defendant’s reputation will soil the Plaintiff’s reputation. Typically when you have this type of copyright infringement a simple DMCA Take Down Notice will solve the problem.

The Plaintiff is a well known web entrepreneur and the founder of “SchoeMoney Mediagroup, Inc.”. He may be best known for displaying a check in the sum of $132,994.97, which he reports to have received in one month of advertising through Google. The Defendant is alleged to have obtained a copy of the image, altered it, and used it to represent the Defendant’s supposed revenue received from Google through his search engine optimization services.

The Plaintiff alleges copyright infringement and a violation of the Nebraska Consumer Protection Act. The prayer for relief requests the recovery of actual damages, an accounting by Defendant of his wrongful conduct and the gross profits attributed to the wrongful conduct, an injunction from engaging in any further infringement and the payment of statutory damages, attorneys’ fees, and any other just relief. Traverse Internet Law Cross Reference Number 1546.