The Lone Ranger wrote:
djjeffross wrote:
Just read the document on Pacer. Karaoke Kandy Store aka Light Year Music just won a jury decision against Slep-Tone. A jury unanimously decided that their was no Trademark Infringement in this case. What you talkin' bout Willis?
I just wish someone who has a pacer account would provide the documents for this verdict here and on the Free Forum for everyone to see. If this verdict could be confirmed it would go a long way to putting every hosts fears about the manus to rest. It would also prove beyond a doubt that a big scam has been worked on the karaoke community for the last 4 years.
This is the best I could converting the PDF to text. But you get the point ...
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
SLEP- TONE ENTERTAINMENT )
CORPORATION, )
)
)
Plaintiff, )
)
v. )
)
KARAOKE KANDY STORE, INC., )
et al., )
)
Defendants. )
CASE NO. 1:10 CV 990
JUDGE DONALD C. NUGENT
JUDGMENT
The above-captioned case came before this Court for a trial by jury. At the conclusion of the trial, the Jury returned a unanimous Answer to an Interrogatory in favor of Defendants, Karaoke Kandy Store, Inc. and Charles M. Polidori.
In its Complaint, Plaintiff Slep-Tone Entertainment Corp., asserted claims of trademark
infringement under federal and Ohio law, unfair competition under federal law and violation of the Ohio Deceptive Trade Practices Act all based upon Defendants' alleged infringement of Plaintiff's "Sound Choice" trademarks.
The trial commenced on August 19,2013. A Jury of twelve was duly impaneled and
sworn pursuant to Fed. R. Civ. P. 39(c)(I). Opening statements of counsel were made. Plaintiff called the following witness(es): (1) Kurt Slep; and (2) Robert Shumaker. Court was then adjourned until August 20,2013 at 8:15 am.
The trial continued on August 20,2013. Plaintiff called the following witness(es): (3)
Jeff DeLeva; Defendants call witness: (1) Robert D. Martin (out of order); (3) Jeff DeLeva, continued; (4) Charles Polidori (on cross-examination). Court was then adjourned until August
21,2013 at 8:15 a.m.
The trial continued on August 21, 2013. Plaintiff called the following witness( es): (4) Charles Polidori, continued. Defendants call the following witness(es): (2) James DeRoach; (3) Joseph Polidori, Sr.; (4) Charles Polidori. Defendants rested. Court was then adjourned until August 22,2013 at 8:15 am.
The trial continued on August 22, 2013. Plaintiff called the following witness(es): (5) Steve Martel; (6);David Sems. Plaintiff rested. The Court instructs jury on the law. Closing arguments of counsel were made and the Court gave final instructions. Thereafter, the Jury retired to deliberate. The Jury, in open court, returned the following unanimous Answer to the Interrogatory:
INTERROGATORY NUMBER 1
Do you find that Plaintiff proved by a preponderance of the evidence that Defendants infringed on Plaintiff's
trademark( s)?
NO (insert in ink "YES" or "NO" according to your findings)
The Court read the Interrogatory Answer in open court, and thereafter, the Court polled the Jury. Each Juror affirmatively responded to the correctness of the Answer. The Court accepted the Interrogatory Answer and the Jury was then discharged.
THEREFORE, based upon the Interrogatory Answer, and the evidence presented at trial, the
Court enters Judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure in favor of the Defendants Karaoke Kandy Store, Inc. and Charles M. Polidori on Plaintiff's Complaint. All costs are to be paid by the Plaintiff.
IT IS SO ORDERED.
DATE: ~ J..\ ).on