Well now.. How about that..
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| First Time Dismissal of Trademark Action https://mail.karaokescenemagazine.net/forums/viewtopic.php?f=26&t=31291 |
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| Author: | karaokepdx [ Sun Feb 01, 2015 5:24 am ] |
| Post subject: | First Time Dismissal of Trademark Action |
FYI to those interested: Klarquist Wins First Time Dismissal of Trademark Action in Pro Bono Case Slep-Tone Entertainment sued Canton Phoenix (a Chinese restaurant and bar in Tigard, Oregon) for trademark infringement. Slep-Tone alleged that Canton Phoenix possessed unauthorized copies of karaoke tracks that were originally engineered and produced by Slep-Tone. Slep-Tone alleged that the public performance of these karaoke tracks in karaoke shows (in which Slep-Tone’s trademark was briefly displayed in the video before and after the lyric cues) created confusion in the viewing public as to whether the karaoke tracks were authorized copies. This case is one of more than 150 such cases filed nationwide by Slep-Tone since 2010. Canton Phoenix moved to dismiss for failure to state a claim on the grounds that Slep-Tone’s only articulated injury sounded in copyright law and that trademark law could not be extended to cover copyright injuries under the Supreme Court’s decision Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23 (2003). The Court granted the motion and dismissed Slep-Tone’s federal trademark claims with prejudice. This case is first to find that the legal theory underlying Slep-Tone’s ongoing nationwide litigation campaign was without merit. Canton Phoenix was represented by Stephen Joncus of Klarquist on a pro bono basis. |
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| Author: | jdmeister [ Sun Feb 01, 2015 12:48 pm ] |
| Post subject: | Re: First Time Dismissal of Trademark Action |
Well now.. How about that..
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| Author: | JoeChartreuse [ Sun Feb 01, 2015 2:00 pm ] |
| Post subject: | Re: First Time Dismissal of Trademark Action |
Can't say that I'm shocked, but nice to have another precedent set. Thank you for posting! |
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| Author: | jclaydon [ Sun Feb 01, 2015 2:29 pm ] |
| Post subject: | Re: First Time Dismissal of Trademark Action |
they will probably appeal, but other than that, I don't know what to say. -James |
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| Author: | Paradigm Karaoke [ Sun Feb 01, 2015 3:17 pm ] |
| Post subject: | Re: First Time Dismissal of Trademark Action |
and cue the "The judge mis-interprited the wording of the law" rebuttal. |
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| Author: | JimHarrington [ Sun Feb 01, 2015 5:35 pm ] |
| Post subject: | Re: First Time Dismissal of Trademark Action |
We have appealed. Also, a few days ago, another judge on the same court ruled exactly the opposite way. |
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| Author: | doowhatchulike [ Sun Feb 01, 2015 8:45 pm ] |
| Post subject: | Re: First Time Dismissal of Trademark Action |
So, does this give credence to what so many folk on here seem to believe: this unique area may not have a clear legal standing one way or the other? |
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| Author: | JimHarrington [ Sun Feb 01, 2015 9:25 pm ] |
| Post subject: | Re: First Time Dismissal of Trademark Action |
doowhatchulike wrote: So, does this give credence to what so many folk on here seem to believe: this uniqueness area may not have a clear legal standing one way or the other? I'm not sure what you mean by "uniqueness area." Every appeals court that's heard it (to date, 4th, 6th, and 11th) has concluded that these are proper trademark actions. The 9th Circuit will hear three cases this year on it, the 6th Circuit has one right now, and the 7th will have one this year or next. If you read the Dastar case, it's pretty clear that these are proper trademark cases. (Scalia's opinion talks specifically about how the outcome would be different if the accused infringer had included the trademarks in the copies, which is exactly what's happening in our cases.) So this one case from Oregon is an outlier, and we'll have to see what the 9th Circuit does with it. |
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| Author: | doowhatchulike [ Mon Feb 02, 2015 9:08 am ] |
| Post subject: | Re: First Time Dismissal of Trademark Action |
Thank you, Miss Ellie, for sharing this information with us...also, it was great to see you perform during the halftime show of the Super Bowl last night--where you been hidin', girl??? 
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| Author: | Robin Dean [ Thu Feb 19, 2015 6:42 am ] |
| Post subject: | Re: First Time Dismissal of Trademark Action |
Gotta love the 'confusion in the marketplace' angle! |
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| Author: | jclaydon [ Thu Feb 19, 2015 10:31 am ] |
| Post subject: | Re: First Time Dismissal of Trademark Action |
Oh i wouldn't say that it's completely irrelivant. This entire mess of music publishers, karaoke producers and the outdated stupid laws has me REALLY confused and bewildered.
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| Author: | johnny reverb [ Fri Feb 20, 2015 2:06 pm ] |
| Post subject: | Re: First Time Dismissal of Trademark Action |
HarringtonLaw wrote: We have appealed. Also, a few days ago, another judge on the same court ruled exactly the opposite way. Sounds like double jeopardy....... |
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| Author: | doowhatchulike [ Fri Feb 20, 2015 2:11 pm ] |
| Post subject: | Re: First Time Dismissal of Trademark Action |
johnny reverb wrote: HarringtonLaw wrote: We have appealed. Also, a few days ago, another judge on the same court ruled exactly the opposite way. Sounds like double jeopardy....... Um.....Nah, I will leave this one for you other folks..... |
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| Author: | johnny reverb [ Fri Feb 20, 2015 2:21 pm ] |
| Post subject: | Re: First Time Dismissal of Trademark Action |
doowhatchulike wrote: johnny reverb wrote: HarringtonLaw wrote: We have appealed. Also, a few days ago, another judge on the same court ruled exactly the opposite way. Sounds like double jeopardy....... Um.....Nah, I will leave this one for you other folks..... Why????.....the question values double....... 
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| Author: | BigJer [ Sat Feb 21, 2015 8:12 am ] |
| Post subject: | Re: First Time Dismissal of Trademark Action |
Cool it might go all the way up and settle some of the uncertainty at the BIG S.C. in D.C. |
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| Author: | jclaydon [ Sat Feb 21, 2015 11:56 am ] |
| Post subject: | Re: First Time Dismissal of Trademark Action |
unless i am mistaken double jeapory only applies to CRIMINAL cases. This would be a civil matter.. I'm sure Jim will correct me if i am wrong, he always has before *lol* -James |
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| Author: | Paradigm Karaoke [ Sat Feb 21, 2015 4:35 pm ] |
| Post subject: | Re: First Time Dismissal of Trademark Action |
an appeal does not count towards double jeopardy. when they run out of appeals, they can not go after him again. |
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