Copyright Watchdog – LIVE FACE ON WEB, LLC, Plaintiff, vs. DARYL LOFTON AGENCY, LLC And DARYL W. LOFTON, SR., Defendants. [Case: 3:17-cv-00169-NBB-RP]
This is a case involving technology alleged to be infringing. If you are faced with responding to a federal court lawsuit contact us to discuss your case. This case deals with LFOW. If you received a letter from Jaburg Wilk or Sbaiti & Co. another law firm call us at (877) 276-5084. Sample allegations from one complaint
“Plaintiff Live Face on Web, LLC (“LFOW” or “Plaintiff”), is a Pennsylvania limited liability company with its principal place of business at 1300 Industrial Boulevard, Suite 212, Southampton, PA 18966.
LFOW is a developer and owner of “live person” software, which is an original work of authorship independently created by LFOW (“LFOW Software”). The LFOW Software allows a company to display a video of a “walking” and “talking” personal host who introduces a website to an online visitor. The personal host is, in effect, a website spokesperson for the specific company for whom the video has been created.
Typically the website spokesperson explains a company's products and/or services and directs a visitor's attention to a particular product or aspect of the website. The LFOW Software is representative of LFOW's advertising idea; LFOW (and its customers) advertise services and solicit business through the use of a website spokesperson, which is typically tailored to specific goods and services found on the associated website.
The LFOW Software enables a company to customize and dynamically modify settings and functionality of the website spokesperson. By way of example, a customer utilizing the LFOW Software can:
(a) manipulate the positioning of the website spokesperson on its website and select between static, relative or dynamic positioning features;
(b) adjust the delay between the time an online visitor enters the website and the start time of the website spokesperson's presentation;
(c) select the number of times a video presentation plays for each particular visitor;
(d) select “click on me” functionality that directs a user to a predetermined page or section of the website which promotes goods or services and/or reinforces the image and brand of the customer.
The LFOW Software seeks to enhance a web site by using a real spokesperson to capture, hold and prolong the attention of the average online visitor, enhancing the ability of the website to advertise specific goods and services. This technique has a direct positive impact on sales and/or the brand, public image and reputation of any company that has an online presence. Generally speaking, the LFOW Software can be implemented by LFOW's customers by modifying the HTML code of the LFOW customer's website. An HMTL script tag is embedded in the HTML code of the LFOW customer's website, which links the LFOW customer's website to a copy of the LFOW Software.
An LFOW customer has the option of storing the copy of the LFOW Software on the same webserver(s) as the customer's website, or storing the copy of the LFOW Software on a different webserver(s) than the website. Many of LFOW's customers choose to have the copy of the LFOW Software stored on LFOW's webservers. Regardless of the particular webserver(s) where the LFOW Software is stored, the functionality and result is the same. When a web browser is directed to a website linked to the LFOW Software, the embedded HTML script tag is read by the web browser and causes the automatic distribution of a copy of the LFOW Software. The LFOW Software is automatically saved by the web browser into cache, and/or a hard drive(s), and loaded into computer memory and/or RAM (random access memory).
As a result of the distribution of the LFOW Software, the specific website spokesperson video is automatically launched and displayed to advertise on the associated website. The LFOW Software is licensed to customers for a license fee by LFOW, which also receives fees for other services. The LFOW Software is also subject to the terms and conditions of LFOW's End User License Agreement (“EULA”). Since at least October 2007, LFOW has included the web address where the EULA can be found, thus anyone who accessed any version of the LFOW Software since that time had notice of the EULA. LFOW has registered the LFOW Software. Pertinent to this action, on December 20, 2007, LFOW duly registered the copyright in the LFOW Software version 7.0.0, prior to the publication of version 7.0.0, in the United States Copyright Office, as evidenced by the Certificate of Registration for TXu001610441, which was issued by the Register of Copyrights.
Allegations of copyright infringement
“The website spokesperson video that launches on Defendants' Website is a result of Defendants' distribution of the infringing version of the LFOW Software, which advertises and promotes the products and/or services of Defendants, encouraging the website viewer to purchase and/or use Defendants' products and/or services, thereby providing a monetary benefit to Defendants. Thus, Defendants' copyright infringement of the LFOW Software is in their advertising, and the infringement is for the purpose of advertising Defendants' products and/or services.”
Complaint seeks to hold director liable. As we have talked about on many of our blogs, videos, and podcasts, in copyright infringement actions, officers and directors may be held liable. In this complaint Plaintiffs sought to do so:
“Upon information and belief, at all relevant times hereto, Mr. Lofton had the right and ability, and exercised the right and ability, to supervise and control the infringing activity complained of in this action and had a direct financial interest in such activities. By way of example and not limitation, upon information and belief, Mr. Lofton:
(i) co-owned the subject website at issue in this action with the Lofton Agency,
(ii) procured and caused the Lofton Agency to pay for the infringing software,
(iii) directed that, and controlled how, the infringing software be placed on the subject website at issue here,
(iv) monitored, supervised and controlled the installation and operation of the infringing software on the subject website at issue here,
(v) received a direct and/or indirect personal financial benefit from the increased revenues and/or profits resulting from the infringement of LFOW's rights on the subject website at issue here.
Contact a technology infringement law firm
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