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Australia’s three-strike policy, TPP yet to factor in on federal court’s resolution on infringement case

The Australian Federal Court’s resolution of Dallas Buyers Club LLC’s case against copyright infringers in the country has recently been finalized. Even though Justice Nye Perram initially sided with DBC and ordered the recovery of damages from the 4,726 individuals who allegedly infringed on the studio’s copyright by illegally downloading the film, Perram put limitations in place to make sure that DBC cannot claim “untenable” damages in such cases.

Perram’s ruling takes into account the following four matters: the actual cost of legally buying the movie, the infringer’s uploading activity of the movie, additional damages for an infringer’s downloading history, and damages covering the costs that DBC had to spend for it to obtain the infringer’s details.

However, this conclusion might change, because the Australian government’s three-strike policy for those who are caught downloading copyrighted material, which was passed in 2015, and the Trans Pacific Partnership (TPP), which was signed during the first week of February, have yet to factor in the federal court’s resolution.

Our Dallas intellectual property attorneys at Gagnon, Peacock & Vereeke, P.C., litigate on behalf of both plaintiffs and defendants involved in even the most complex copyright infringement cases. To speak with a qualified member of our legal team, call our offices at (214) 824-1414.

Netflix, Yahoo, other big name companies hit with patent lawsuit

A number of big companies such as online streaming company Netflix, multinational technology company Yahoo Inc., and popular retail chain Target, among others, have been sued by CryptoPeak Solutions for allegedly violating a patent dealing with encryption technology, an Internet security protocol called HTTPS.

In the lawsuit filed in the United States District Court for the Eastern District of Texas last Monday, November 30, CryptoPeak claimed that the firms infringed on an encryption patent that it has ownership of which concerns elliptic curve cryptography.

Our attorneys at Gagnon, Peacock & Vereeke, P.C. handle intellectual property cases for both plaintiffs and defendants in the Dallas-Fort Worth Metroplex or other areas within the state of Texas. If you need legal help regarding this matter, speak with a member of our legal team by calling our offices today at (214) 824-1414.

R&B singer sues Taylor Swift over Shake It Off lyrics

Fifty-year-old American rhythm and blues singer Jesse Braham, who uses the stage name Jesse Graham, has filed a copyright infringement lawsuit against 25-year-old singer-songwriter Taylor Swift, claiming that she stole words from a song that he allegedly wrote in 2013 titled Haters Gone Hate for her song Shake It Off, which was released in 2014.

Braham, who is suing for $42 million, said he has ownership of the phrases “haters gone hate” and “playas gone play.”

Braham’s song contains the lyrics: “Haters gone hater, playas gone play/ Watch out for them fakers, they’ll fake you everyday.”

The chorus of Shake It Off contains lyrics such as: “Cause the players gonna play, play, play, play, play/ And the haters gonna hate, hate, hate, hate, hate.” Another line of the song says: “And the fakers gonna fake, fake, fake, fake, fake.”

The video for Shake It Off has been viewed more than 1.1 billion times on Youtube. The song also topped music charts all over the world and landed the number two spot in the United Kingdom.

Our attorneys at Gagnon, Peacock & Vereeke, P.C., who cater to clients in the Dallas-Fort Worth Metroplex and throughout the state of Texas, provide legal representation for individuals with intellectual property issues such as copyright, patent, or trademark infringement. Call our offices today at (214) 824-1414 to discuss your claim with one of our attorneys.

Illegal smart phones/phone gadgets confiscated in Dallas

Customs and Border Protection officials recently seized 30,000 black smart phones and phone accessories which include charging cables, batteries, phone holders, among others, worth nearly $1 million at the Dallas Fort Worth International Airport in Texas.

Officials noted that the confiscation of such items can hold as evidence for intellectual property rights violations that can be filed against the shippers of the counterfeit items.

Dallas CBP port director Cleatus Hunt noted that “this seizure protects the trademark holder and its employees while denying profits to counterfeiters”.

The items came from China and were on their way to Louisiana when customs agents were able to intercept them. They were first made aware of the counterfeit items when upon inspection of the mobile phones and phone accessories they saw, “Underwriters Laboratory” marked on the batteries and the charging cables.

If you have an intellectual property dispute with another party and you want to take them to court for it, our attorneys at Gagnon, Peacock, & Vereeke, P.C. in the Dallas-Fort Worth area of Texas are ready, willing, and able to take you on as clients. Call our offices today at (214) 317-4448.

Internet Society calls out Dallas Buyers Club attorneys for tactics

Internet Society, a Singapore non-profit industry group, has taken action against lawyers representing Dallas Buyers Club LLC in regards to demand letters sent by the company to subscribers of local telecommunication company M1, according to ZDNet on June 23.

The complaint alleges that the company used bullying tactics, as the letters accused subscribers of copyright infringement and threatened fines of up to $50,000 or jail terms for illegally downloading the Dallas Buyers Club movie. The Internet Society says these letters were premature, as there was no proof to substantiate the allegations.

The attorneys of Gagnon, Peacock & Vereeke, P.C., represent those who have been accused of intellectual property violations, as well as those who have experienced these violations. As we have represented both sides of this issue, we are dedicated to pursuing fair legal action to protect our clients’ rights and interests throughout the entire process. Call our offices in Dallas at (214) 824-1414 today to learn more about our services.

Voltage Pictures involved in multiple copyright infringement cases, both as plaintiff and defendant

Voltage Pictures, the company that was given permission to pursue thousands of Australians for infringing on the Dallas Buyers Club copyright by illegally downloading the film, is currently facing its own lawsuit for copyright infringement over an adaptation of the film Godzilla in its upcoming movie Colossal, according to ZDNet on May 20.

Japan-based Toho, the owner of the copyright of Godzilla, said in a lawsuit filed in May that a scene in Colossal which depicted Anne Hathaway being attacked by a monster in Tokyo is similar to a scene in Godzilla when the monster attacks a random woman.

As for developments regarding Voltage Pictures’ hunt for the online copyright infringers, Australian internet service provider iiNet Ltd. has announced that starting on May 19, Voltage can send letters to the internet customers who participated in the illegal downloading of the film.

The legal team at Gagnon, Peacock & Vereeke, P.C., works for the protection of intellectual property rights in the Dallas area, and may help you with your case. Call our offices at (214) 824-1414 today to set up an appointment.

Dallas lawyer pleads guilty to $1.6M vodka investment scam

Fifty-four-year-old Dallas attorney Andrew Lee Siegel is currently free on bond after pleading guilty in a $1.6 million vodka investment scam, which he may face 25 years in prison for, The Eagle reported on January 7.

Siegel is scheduled to be sentenced at a later date in 2015 after his admission of guilt to the charge of mail fraud. Siegel also pleaded guilty to a charge of copyright infringement in July 2014, according to reports.

Siegel was able to build multiple companies specializing in manufacturing and bottling vodka starting in 2010. Money he gained from investors totaled $1.6 million, some of which he is accused of spending for personal use.

Our attorneys at Gagnon, Peacock & Vereeke, P.C., in Dallas understand the nuances of intellectual property law and have experience on both sides of courtroom battles. If you are involved in an intellectual property dispute, contact our offices at (214) 824-1414 today to learn how we may advocate on behalf of your rights and interests.

Sony warns media not to publish hacked e-mails

David Boies, a lawyer under the employ of Sony Pictures Entertainment, told media organizations on December 15 not to use information about the company recently leaked by hackers, or else face a lawsuit, The Dallas Morning News reported.

The content of the Sony data includes employment files, studio financial records, and some email exchanges between Hollywood executives regarding in-house gossip about President Barack Obama, other Hollywood celebrities, and some of the industry’s up and coming films.

Boies said that Sony’s “stolen information,” which has been made public over the Internet, should be destroyed as soon as possible because they are of a sensitive and private nature. He added that the studio has the right to sue for damages related to its intellectual property or trade secrets.

Boies said the company will consider legal action if any organization “used or disseminated” materials from the emails “in any manner,” a notice which it also made clear to The New York Times in a letter, the newspaper said Sunday.

For intellectual property disputes in Dallas, Fort Worth or other areas in Texas, put your trust in the experienced attorneys at Gagnon, Peacock & Vereeke, P.C., Call our offices today at (214) 824-1414 to speak with a member of our legal team.

Thousands of Dallas Buyers Club pirates nationwide are being sued

The Dallas Buyers Club, LLC has been actively suing individuals who have been illegally pirating copies of their Oscar-winning film, without paying licensing fees, through peer-to-peer sharing programs like BitTorrent.

Nearly 3,000 individuals nationwide have recently been targeted with federal copyright lawsuits. Dallas Buyers Club is seeking damages, attorney’s fees, and the impound of all “the infringing copies”.

The movie group’s attorney, Keith Vogt, said suits have been filed in federal courts in Texas, Michigan, and Wisconsin, among many others.

The accused were not named in the lawsuit; rather, their internet protocol (IP) addresses. As such, it is more difficult to prove who exactly downloaded the material because more than one individual could be using one IP address.

Our attorneys at Gagnon, Peacock & Vereeke, P.C. in Dallas and Fort Worth, Texas provide legal representation for people involved in patent, trademark, trade secret, and copyright issues. Call our offices today at (214) 824-1414 or 888-312-1750.

Inflight sued by American Airlines over royalty payment issue

Fort Worth-based American Airlines filed a lawsuit on July 7 against Inflight Productions USA, Inc., the company that provides the airline’s in-flight music, over a royalty dispute, NBC DFW reported.

The lawsuit stemmed from a complaint by Sony Music Entertainment to American Airlines that the airline was not paying for the use of copyrighted music and therefore infringing on its intellectual property rights. In response, American Airlines took to a Tarrant County District Court to argue that Inflight was contractually obligated to obtain licenses and pay royalties for the music used on the airline. The lawsuit is asking that a judge determine that Inflight should be the one made to pay the damages Sony is asking for–not American Airlines.

Our attorneys at Gagnon, Peacock & Vereeke, P.C., handle intellectual property cases in the Dallas and Fort Worth areas.  We also provide legal representation for clients in patent infringement litigation. Call our offices today at (214) 824-1414 to discuss your situation and our legal services.

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