Thursday, March 22, 2012

Traverse Internet Law Federal Court Report: March 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.


REAL-TIME MARKETING v. QUINT, ET AL.
NORTHERN DISTRICT OF TEXAS (DALLAS)
3:12-CV-00608-JFB-O
FILED: 2/28/2012

“Sloppy business” is not a defense to a copyright infringement lawsuit. Make sure that when you have a contract or license to use images you display those images strictly in accordance with the terms of the agreement. When a license or contract period ends you must remove the images.

The Plaintiff designs and sells high quality chrome automotive products. Defendant Quint is an individual and major shareholder of the corporate Defendant. The Defendants began using the Plaintiff’s images with authorization and continued to use the images after it’s license agreement had expired.

The Plaintiff alleges false designation of origin and reverse passing off, common law unfair competition, and copyright infringement. The Plaintiff’s prayer for relief asks for the entry of an award of actual and treble damages for the Defendants’ willful copyright infringement, the Defendants’ profits, injunctive relief, and the payment of statutory damages, attorneys’ fees, and any other relief as the Court deems just and equitable. Traverse Internet Law Cross Reference Number 1548.