by Mike Masnick
Mon, Sep 21st 2009 7:01pm
Lately, we've been seeing a lot more copyright lawsuits coupled with trademark lawsuits. Quite often, the idea is to use the trademark claim to get around any DMCA safe harbor that's been claimed, but some may be doing it to try to increase damages. It looks like at least one court has stopped one attempt to do just that. Michael Scott points us to a ruling in NY, where a software developer charged someone else with both copyright and trademark infringement. The accused never responded to the lawsuit, so the original developer won a default judgment. However, on requesting separate statutor claims for infringing on copyrights and trademarks, as well as on violating the DMCA, the court said no, pointing out that it was really only one copy, not three, and thus the end result only "produced one harm."
If you liked this post, you may also be interested in...
- Georgia Supreme Court: No, Writing Mean Things About Copyright Trolling By Linda Ellis Is Not 'Stalking'
- Flickr Now Officially Supports Public Domain Dedications
- Competition In The Music Space Is Great: Fragmentation In The Music Space Is Dangerous
- Sanity: Trademark Suit Rules That Florida Pizza Joints Don't Compete With The NJ Turnpike
- How The TPP Agreement Could Be Used To Undermine Free Speech And Fair Use In The US