Traverse Internet Law Federal Court Report: June 2012 - Copyright Infringement Cases

Traverse Internet Law Disclaimer

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.


KOESTERS AND RUIZ, ET AL. v. BRODER
SOUTHERN DISTRICT OF FLORIDA
0:12-CV-60996-KMW
FILED: 05/23/2012

There are many legal disputes now pending related to the service of improper or unsubstantiated legal claims that result in damages.  Whether your Facebook.com account is pulled down, your website is disabled by your web host, ebay.com or another auction site removes you from participation as a seller, or a payment processor shuts down your account… These are all serious events that have profound consequences to your business.  Don’t just assume that because your account has been disabled that the law has been followed.  Significant remedies are often available for improper notifications.

The Plaintiffs are individuals who reside in Broward County, Florida.  Defendant is an individual who was competing against the Plaintiffs in the entertainment arena.  Defendant is alleged to have filed a complaint with Facebook.com claiming that the Plaintiffs are infringing upon his copyrights.  Facebook.com then pulled the Plaintiffs’ web pages down and refuses to allow them to be reinstated.  Plaintiffs claim that the Facebook.com pages were their main source of traffic and revenue.

Plaintiffs allege trademark infringement and fraud related to copyright claims, dilution, and unfair competition.  The Plaintiffs seek to temporarily and permanently enjoin Defendant from requesting any network service provider to remove any publically-available content owned by Plaintiffs, and to temporarily and permanently enjoin Defendant from further use of infringing marks.  Plaintiffs also seek the payment of damages, attorneys’ fees, and costs, and any further relief as the Court deems just and proper.  Traverse Internet Law Cross Reference Number 1567.

Traverse Internet Law Federal Court Report: May 2012 - Copyright Infringement Cases

Traverse Internet Law Disclaimer

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.


REGIONAL MULTIPLE LISTING SERVICE OF MINNESOTA, INC.
v. AMERICAN HOME REALTY NETWORK, INC.
DISTRICT OF MINNESOTA
0:12-CV-00965-JRT-FLN
FILED: 4/18/2012

The rule for copyright infringement is very simple: do not use the content from any third party without either obtaining legal clearance to do so or a written assignment or license for the right to use the copyright protected materials. 

The Plaintiff is a multiple listing real estate service company that serves more than 13,000 real estate brokers and agents in Minnesota and western Wisconsin.  The Defendant is a real estate search engine and is alleged to have used the copyright works produced by the Plaintiff without authorization.  The works include the selection, coordination, and arrangement of fields, descriptors, and other compilation content as well as photographic works.

Plaintiff Regional Multiple Listing Service alleges copyright infringement. The prayer for relief requests that the Court enter judgment that Defendant has willfully infringed the copyrighted works and that Defendant is preliminarily and permanently enjoined from further infringement. It also requests the destruction of all unauthorized copyrighted works and the award of actual damages, statutory damages, and full costs and attorneys’ fees, and any further relief as the Court deems just and appropriate.  Traverse Internet Law Cross Reference Number 1562.

Traverse Internet Law Federal Court Report: April 2012 - Copyright Infringement Cases

Traverse Internet Law Disclaimer

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.


ACRA ENTERPRISES, INC., ET AL. v. NATIONAL MARKER COMPANY, INC.
WESTERN DISTRICT OF MICHIGAN (SOUTHERN DIVISION)
1:12-CV-00312-GJQ
FILED: 3/29/2012

Copyright infringement is so rampant on the Internet that there are many tools to use to address the infringement without filing an expensive copyright infringement lawsuit. When all else fails, however, sometimes you are left with no option but to proceed with a lawsuit and attempt to recover monetary damages as well as obtain injunctive relief, preventing the Defendant from continuting with its infringing ways.

Plaintiff ACRA is a Michigan corporation and owns copyrights in its manual and guide in the field of crane and rigging safety. The Defendant is accused to have copied the manual and guide, removed the copyright notice of the Plaintiff, inserted a logo of its own, and is allegedly providing the material to competitors online.

ACRA alleges copyright infringement, contributory infringement, false designation of origin and reverse palming off, and violation of the Digital Millennium Copyright Act. ACRA respectfully requests that the Court enter judgment in favor of the Plaintiff for a preliminary and permanent injunction from further infringement, an award of all exemplary, punitive, special, incidental, and consequential damages, an award of costs and expenses including reasonable attorney fees, and any further relief as the Court deems just. Traverse Internet Law Cross Reference Number 1556.

Traverse Internet Law Federal Court Report: March 2012 - Copyright Infringement Cases

Traverse Internet Law Disclaimer

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.

Traverse Internet Law Federal Court Report: February 2012 - Copyright Infringement Cases

Traverse Internet Law Disclaimer

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.

Traverse Internet Law Federal Court Report: January 2012 - Copyright Infringement Cases

Traverse Internet Law Disclaimer

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.