srnitynow @ Wed May 26, 2010 10:29 am wrote:
With ALL this talk about being sued, WHAT is the basis for the law suit if you play someone elses disc at your show? Sure, Soundchoice will say you displayed their logo, SOOOO. In what way were they harmed, in what way did they lose money, what are the MONETARY damages? You go to court, Soundchoice states that you played a disc that you don't own, and that cost them WHAT in MONETARY terms? If you didn't hurt their reputation, cost them NO monies, gave them FREE advertisement, where is the basis for a MONETARY judgement. The judge asks, "how were you damaged" what are they going to reply? I can see sueing for having an illegal library, but think it's a stretch to think they'll sue for playing someone's disc. My 2 cents.
Rosario
Okay, let's look at this with the same blinders that a federal court would use:
SC'S LAWSUIT SAYS:
Quote:
68. Each of the Defendants used a reproduction, counterfeit, or copy of
the Sound Choice Marks in connection with the provision of services
including karaoke services, by displaying the reproduction,
counterfeit, or copy of the Sound Choice Marks during the provision
of those services.
Note that there are THREE methods of being in trouble here:
(1) Using a "reproduction", or
(2) Using a "counterfeit", and
(drumroll please)
(3) "or
copy of the Sound Choice Marks during the provision of those services."
This last charge doesn't differentiate between a burned disc, electronic copy off a laptop, singers disc or even an original pressed disc. It's simply a flat out display of their trademark.
But wait, there's more.
Quote:
70. Plaintiff Slep-Tone did not license any of the Defendants to use the
Sound Choice Marks in connection with the provision of those
services.
There is no disclaimer that if the mark comes off a pressed original disc that it is authorized and licensed.... Do you have a license? Can you show it to the court? So it doesn't seem to matter what you're doing, you have NO license to show their trademark, period.
Quote:
71. The Defendants’ use of the Sound Choice Marks is likely to cause
confusion, or to cause mistake, or to deceive the Defendants’
customers and patrons into believing that the Defendants’ services are
being provided with the authorization of the Plaintiffs.
Are your services "being provided with the authorization of the Plaintiffs?" Short answer is: No, you don't have a license (per paragraph 70) do you?
Even to play original, pressed discs.....
You can rightfully argue that the plaintiff is fully aware of the intended use of their product and even marketed their product to encourage KJ's to play them in public which -by the very nature of the product- causes the trademark also to be displayed in public.
But my point is that by the time you get this far, you've already dumped a chunk of change on an attorney and answering the court and scheduling a trial and this and that and so on. Not unsurmountable by any means, but a pain in the rumpus.
As far as the monetary damages are concerned, I'll quote the portion of the law they are relying on in their suit regarding unfair competition (underlined for your convenience):
Quote:
§ 1125. False designations of origin, false descriptions, and dilution forbidden
(a) Civil action
(1) Any person who, on or in connection with any goods or services, or any container for goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof, or any false designation of origin, false or misleading description of fact, or false or misleading representation of fact, which—
(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation, connection, or association of such person with another person, or as to the origin, sponsorship, or approval of his or her goods, services, or commercial activities by another person, or
(B) in commercial advertising or promotion, misrepresents the nature, characteristics, qualities, or geographic origin of his or her or another person’s goods, services, or commercial activities,
shall be liable in a civil action by any person who believes that he or she is or is likely to be damaged by such act.
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