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The elements of a defamation claim are (1) a publication that is (2) false, (3) defamatory, (4) unprivileged, and (5) has a natural tendency to injure or causes special damage. (Taus v. Loftus (2007) 40 Cal.4th 683, 720 [54 Cal. Rptr. 3d 775, 151 P.3d 1185].) Civil Code section 45 provides, HN11 ...

You may have received a demand letter from the Riley Law Firm in Pasadena demanding money for illegal broadcast of a boxing match.  Here is a case where Plaintiff lost and was hit with a large attorney fee award.   J & J Sports Prods. v. Flores, No. 1:10-CV-02087-AWI-JLT, 2013 U.S. Dist. LEXI...

Attorney Steve® - Copyright Infringement Essentials - Funding a lawsuit Introduction Copyright cases are brought in federal court.  They are not cheap.  Our typical retainer is 5-10k (depending upon the complexity of the case) and currently we bill our time hourly at $495 per hour.  Litigat...

July 2020 BitTorrent Litigation Updates - Miami-Dade County Court - UNMASKING IDENTITY OF INTERNET SUBSCRIBERS WAS NEVER SO EASY   Introduction We have talked about this important issue before.  It arises in the course of our BitTorrent Defense legal practice and it involves Plaintiff "Strike ...

“[A] defendant asserting that a plaintiff's claim is barred by unclean hands must show that the plaintiff acted unfairly or fraudulently respecting the matter in controversy.” Ample Bright Dev., Ltd. v. Comis Int'l, 913 F. Supp. 2d 925, 940 (C.D. Cal. 2012). “To establish unclean hands, 3 1 2 3 4...

Attorney Steve® - Copyright Essentials- Defenses - Equittable Estoppel Equitable estoppel is a defense to copyright infringement. See Kramer v. From the Heart Prods., Inc., 300 Fed. Appx. 555, 556 (9th Cir. 2008).  Equitable estoppel is intended to prevent parties from taking advantage of the ...

Copyright may also be abandoned if the owner “performs some overt act indicating an intention to abandon.” Micro Star v. Formgen Inc., 154 F.3d 1107, 1114 (9th Cir. 1998). “Abandonment of copyright (sometimes referred to as waiver) . . . constitutes an effective defense in an infringement action....

Fair use is a defense to copyright infringement, it is also a legal statutory "RIGHT" spelled out specifically in the United States copyright laws. Basically, it is a FOUR FACTOR TEST that Courts review. Sometimes the defense applies, and other times it does not. Even using a few seconds or minutes of a video clip (especially if it is the "heart of the work") can lead to copyright infringement claims.

3DFootage ABC News Action Sports - ALL–STOCK AdventureFootage AP Archive Bridgeman Images British Pathé Budget Films CelebrityFootage Classic Images CNN Imagesource Conus CriticalPast F.I.L.M Archives Footage File FootageSearch Fox Archive Sales FRAMEPOOL Getty Images Global ...

Attorney Steve® - Counterfeit Apple Products   What is the ICC?   What is BASCA Violation of Trade Dress protection? In the news 1.  Cheap USB charger warning 2.  Fake iPhone charger blamed for death Contact Counterfeit Counsel if you have received a letter

Attorney Steve® Software Infringement Updates - June 2020 Introduction We have learned that Siemens has filed another lawsuit in Texas for software piracy of their software products.  The case is 4:20-cv-00798.  The case was filed by Reed Smith LLP law firm from Texas.  Note that we have al...

Attorney Steve® - Strike 3 Torrent Defense Lawyer - 2020 Updates - Early Neutral Evaluations in Northern District of California   Introduction One of the promising sides of torrent adult pornography internet file sharing litigation is the ENE.  The ENE stands for "early neutral evaluation."  T...

2:2020cv00024 2:2020cv00034 2:2020cv00042 2:2020cv00238 2:2020cv00921 8:2020cv00191 2:2020cv00944 2:2020cv00945 2:2020cv00946 2:2020cv00948 2:2020cv00975 2:2020cv00998 2:2020cv01001...

Attorney Steve® News - Siemens software piracy enforcement - 2020 updates Introduction Our law firm is a leader in software copyright cases in the United States. We have likely handled more audits than any other intellectual property law firm on the West Coast.  For years, we represented busi...

Case Number5:2020cv00942 Case TitleStrike 3 Holdings, LLC v. John Doe infringer identified as using IP address 47.150.2.180 CourtCalifornia Central District Court Date Filed04/30/2020 Date Closed   Party NameBandlow, Lincoln D (aty) Case Number2:2020cv04...

Attorney Steve® Fashion Law Essentials   Introduction             Perhaps you're a clothing designer who believes to have designed unisex clothing that will change the way the world sees garments. Or, you operate an Etsy store out of your house that makes unique and quirky dresses. Regardless ...

We would like to inform that Autodesk collects information about you in order to deliver products, services and support to our customers. We collect identifying information, like your name, email, phone number, city and country.  We also collect information about your use of our applications incl...

Attorney Steve® Entertainment Law - The Talent Agency Contract in California Introduction I just got done reviewing a California talent agency agreement.  This is an agreement whereby a talent agent (a company in the business of procuring employment opportunities for artists in the entertai...

Attorney Steve® Copyright Essentials - U.S. Copyright Circulars

Attorney Steve® - Copyright Essentials - Attorney Fee Awards to the "Prevailing Party" Introduction A person or entity that wins a case in copyright court can seek to recover their reasonable attorney fees expended in the litigation.  This is built into the law.  In one case, Starbuzz Tobacco...

Another Amazing Attorney Steve® business opportunity!   Where can you go top find the best, most unique, funnest kitchen mits (oven mits) on the Planet?  KitchenMits.com that's where.  Inquire about sales, rental, or partnership opportunities.  Send us an email through our contact form.  Seriou...

We continue to request preservation of all electronic evidence of your source of our client's image, the date that they were uploaded to your web pages along with viewership data, and revenue related to your website.  As soon as a potential claim is identified, a litigant is under a duty to prese...

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The NCAA is known to be very aggressive enforcing their trademarks.  They have many different trademarks for example: March Madness® The Big Dance® Women's Final Four® The Road to the Final Four® Final Four® Sweet Sixteen® NCAA Fast Break® NCAA Sweet 16® (note, they do not own Sweet Six...