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JimHarrington
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Posted: Wed Aug 03, 2016 8:34 am |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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Smoothedge69 wrote: Actually, Jim has said if a SC inspector were to happen upon a KJ who is using Stingray songs, one of two things would happen. A.) you would be reported to Stingray, and they would have the option of filing suit against you, OR B.) P.E.P would file a case against you, on behalf of Stingray!! Now, according to Jim, they have NEVER come across a KJ using a large amount of Stingray tunes.
We would not be suing "on behalf of" Stingray, and I did not state or imply that we would. We would sue on the basis of the unauthorized use of our trade dress (which Stingray is authorized to use, but not for commercial use), on our own behalf.
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c. staley
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Posted: Wed Aug 03, 2016 9:34 am |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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JimHarrington wrote: We would sue on the basis of the unauthorized use of our trade dress (which Stingray is authorized to use, but not for commercial use), on our own behalf. And your show cause motion in the circuit court (located in District 7) for trade dress fell just as flat as your trademark efforts did. Going to appeal the trade dress ruling against PEP in District 7 as well, or are you going to leave that one unchallenged?
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JimHarrington
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Posted: Wed Aug 03, 2016 10:28 am |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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c. staley wrote: JimHarrington wrote: We would sue on the basis of the unauthorized use of our trade dress (which Stingray is authorized to use, but not for commercial use), on our own behalf. And your show cause motion in the circuit court (located in District 7) for trade dress fell just as flat as your trademark efforts did. The motion was denied without prejudice because the judge wanted to see additional evidence comparing the tracks in use to our tracks. It was not denied outright, and we're preparing to file it again as the judge requested. (By the way, it's U.S. District Court, specifically for the Northern District of Illinois, which is a constituent court of the U.S. Court of Appeals for the Seventh Circuit. I'm not surprised that you lack the ability to grasp factual details, but more effort on your part would go a long way.)
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c. staley
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Posted: Wed Aug 03, 2016 12:20 pm |
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Joined: Thu Jun 06, 2002 7:26 am Posts: 4839 Location: In your head rent-free Been Liked: 582 times
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JimHarrington wrote: The motion was denied without prejudice because the judge wanted to see additional evidence comparing the tracks in use to our tracks. It was not denied outright, and we're preparing to file it again as the judge requested. So, you had your day in court... and you didn't bother to present evidence to substantiate your claims? How long has your contingency-only local lawyer had a law license? JimHarrington wrote: (By the way, it's U.S. District Court, specifically for the Northern District of Illinois, which is a constituent court of the U.S. Court of Appeals for the Seventh Circuit. I'm not surprised that you lack the ability to grasp factual details, but more effort on your part would go a long way.) If you want to get all persnickety, I can do that too: it's U.S. District Court, Northern District of Illinois, Eastern Division so don't pontificate to me about "factual details."
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JimHarrington
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Posted: Wed Aug 03, 2016 12:39 pm |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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c. staley wrote: JimHarrington wrote: The motion was denied without prejudice because the judge wanted to see additional evidence comparing the tracks in use to our tracks. It was not denied outright, and we're preparing to file it again as the judge requested. So, you had your day in court... and you didn't bother to present evidence to substantiate your claims? How long has your contingency-only local lawyer had a law license? I guess you skipped over the word "additional." We presented quite a bit of evidence regarding the defendant's violation of the injunction (an injunction he specifically agreed to, by the way). The judge wanted to see a frame-by-frame comparison of the defendant's tracks with our tracks so he could see precisely what was going on. That's not something we anticipated needing. We're happy to provide it, but it takes time to prepare.
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Bazza
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Posted: Sat Aug 06, 2016 6:50 am |
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Joined: Mon Nov 24, 2008 8:00 am Posts: 3312 Images: 0 Been Liked: 610 times
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TopherM wrote: You "license," a.k.a. lease the GEM set for $0.70 a track. You don't own it. You can't sell it.
For closer to $2 a track, you own it, and have the rights to sell it.
You aren't comparing apples to apples there. You can sell your license. It has value. OR you could pay that license for twenty years (long after they are obsolete; probably sooner) and it would STILL be cheaper than "owning" the exact same songs at $2 a track. Unless you are under the foolish notion that Karaoke CD's are heirlooms that will be handed down for generations.
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chrisavis
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Posted: Sat Aug 06, 2016 7:09 am |
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Joined: Fri Dec 02, 2011 12:38 pm Posts: 6086 Images: 1 Location: Redmond, WA Been Liked: 1665 times
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You can sell a GEM license.
_________________ -Chris
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JimHarrington
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Posted: Sat Aug 06, 2016 10:42 am |
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Joined: Wed Aug 03, 2011 8:59 am Posts: 3011 Been Liked: 1003 times
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chrisavis wrote: You can sell a GEM license. Not only can you sell your license, if you want to sell yours, we'll help finding you a buyer, and we don't charge anything even though it costs us the sale of a new license.
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karaokeniagarafalls
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Posted: Sat Aug 06, 2016 7:24 pm |
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Joined: Wed Jul 08, 2015 5:39 am Posts: 1735 Images: 12 Location: Niagara Falls, Ontario Canada Been Liked: 190 times
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I'm buying if anyone is selling?
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