Posts Tagged ‘infringement litigation’

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By: Mark R. Malek

As you may recall, I reported a few months ago that Groupon turned down a $6 billion offer for purchase made by Google.  To this day, I just can’t figure out why?  I have not researched the actual offer, but it must have not been in real dollars.  Maybe it was for $6 Billon worth of bacon gristle, or something along those lines.

As most anyone could have predicted, after being snubbed by Groupon, Google turned its programmers lose to come up with a similar type of site.  Seeing as how most all computers have Google as a homepage, I am sure that they would be able to capture a huge market share.  It apparently did not take long for Google to complete an initial version of the coupon site.  A beta test of the new site was announced for Portland, Oregon.

No sooner than the beta test was announced, however, was Google sued for patent infringement.  Any guesses on the Plaintiff?  That’s right – the same company that has sued everyone over the past month – Walker Digital (source).  A copy of the complaint is available at GameTimeIP.com.

It is interesting to note Walker Digital seeks damages in this suit.  I understand the request for entry of an injunction and for an award of attorneys’ fees, but I am not too sure that I understand what damages there are yet.  Google has not even launched their site, so there are no possible damages.  From the strategy perspective, however, Walker Digital has to ask for damages.  If they do not, then there is no possible way for them to recover damages if it turns out that damages are discovered during the litigation process.

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By Daniel Davidson

You may be familiar with the late legend Bob Marley.  You may have even seen a shirt or two that display his familiar face.  Fortunately for the Marley family, you will not be seeing him on any apparel sold by the company Avela.

Avela, a Nevada company, is owned by Leo Valencia, who created toys and shirts that displayed the reggae singer’s likeness.  Unfortunately, it was without the authorization of Fifty-Six Hope Road Music Ltd. and Zion Rootswear, the companies that Mr. Marley’s heirs run his empire under.  This, as I hope we are all beginning to understand, is not permissible, in most cases, under U.S. Copyright Code.

Avela and Mr. Valencia were stuck with a $300,000 bill for their unauthorized use of the likeness from a U.S. Federal Court and hopefully an injunction will follow that keeps Bob Marley’s off of bobble heads seeing that his children do not want to see their father portrayed in this manner.

Kudos to the Marley family on this victory.  I wouldn’t mind seeing a growing trend of victories for the family since the punch to the stomach they received in a previous copyright case.  You can read about it in an article I wrote here.

If Avela is looking for a substitute face, mine is available for printing on anything.

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SUNDAY, MAY 19, 2013

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