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...
- Macy's Trying To Keep Others From Using The Brands It Bought And Then Abandoned
- Plaintiff Awarded Damages In Default Judgment Against Censorious Dentist Who Billed Him $110,000 For His Negative Review
- Florida Legislators Introduce Bill That Would Strip Certain Site Owners Of Their Anonymity
- Connecticut Town Takes Down Painting Including Image Of Mother Teresa Over Bogus Copyright Claim
- Gay Party Company Goes After Another Gay Party Organizer Over Generic 'Gay Days' Trademark