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.