Case Brief – Case Study Example
Case Brief CITATION: Plaintiff, v. ROBERT, Civil Action No. 3:06-CV-276-L. FACTS: plaintiff who is the complainant in this case owns a company that promotes and produces motorcycle events known as the super cross. The defendant Robert who owns a website is said to have infringed copyright claims by airing the racing events via his website, www.supercrosslive.com . Robert Davis counters the claims of alleged trademark infringement of the term” SupercrossLIVE”. Davis contends and says that is his trademark owned by his company.
PROCEDURAL HISTORY: Davis according to the court has not used the copyrights acts fairly. However, Davis defends this by saying that he too holds a trademark for his website, therefore there is no way he’s is infringing copyright claims. He does not provide any evidence to prove his claims. Another thing is that he does not show evidence that his product might bring confusion to the minds of consumers of SFX goods.
ISSUE: court case over copyright protections for live internet webcasts has not made its way into controlling Fifth Circuit opinions (nor any other circuit court opinions that this court could find). Opinions addressing copyright protection for live television broadcasts, however, provide appropriate, analogous guidance in this case.
HOLDING: In light of the courts rulings, Plaintiffs copyright infringement claim remains for trial for a determination of damages, if any. Plaintiffs trademark and unfair competition claims, as well as Defendants trademark infringement claims, remain for trial.
REASONING: Since there is no way the court can control the fifth circuit opinions, there is a need to provide guidance for such issues when they arise. The evidence provided by plaintiff is enough to show that Davis is infringing copyright.
THOUGHTS: This case is one tough one. Both parties are contending for a summary from the judge. As I read through, I am convinced that Davis has actually infringed copyright claims by airing the super cross motorcycle events in his website and renaming it to SupercrossLIVE. He should just follow the right procedures of copyright claim instead of dubbing the original name to fit his selfish desires.
"LIVE NATION MOTOR SPORTS, INC. f/k/a SFX MOTOR SPORTS, INC., Plaintiff, v. ROBERT DAVIS, d/b/a TRIPLECLAMPS and www.supercrosslive.com, Defendant.." LIVE NATION MOTOR SPORTS, INC. f/k/a SFX MOTOR SPORTS, INC., Plaintiff, v. ROBERT DAVIS, d/b/a TRIPLECLAMPS and www.supercrosslive.com, Defendant.. N.p., n.d. Web. 5 June 2014. .