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It is currently Tue Sep 28, 2021 11:09 am

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PostPosted: Thu Sep 02, 2021 10:51 am 
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Feel free to correct me if I am wrong. Because I am simply going off how I interpreted everything.

Trademark infringement is proving that someone copied your product that has
your trademarked name on it. Then passing it off as if it is the original when all
the while they are pirating it. Even if the manufacturer loses the case due to
not being able to prove that they also attempted to trick people into thinking it
was the original tracks/trademark. It does not mean that it was not pirated. Just
that a manufacturers only legal standing is their trademark. The FBI, music
producers would have to take that same PIRATE to court.

Case in point. A retailer was sued by Sleptone for loading hard drives with
karaoke music having SOUNDCHOICE trademark on it. That case was lost
by Sleptone only because they could not meet all the elements that would
require a conviction. More of a technicality/loop hole when the defendant clearly
was copying their product.

During testimony the defendants own witneses who clearly were not in the loop about trying to lie simply told the same thing that the sellers employees stated. That the computers were sold with tons of music on it, with soundchoice too, NO DISC came with it. The defendent then tried to say that they told the customers that they had to have
their own disc, that it was just basically a service (I did not read that transcript part, was told by someone at the trial). That sounds like the typical BS that is being pulled by
all these pirates! So between the employees verifying that NO ONE was told they had to have their own disc and the defendants own customer witnesses that accidentally backfired on them. It was clear they were selling loaded computers with a copy of the music with no original disc, no license. just copying it in their dungen so to speak. I wanted to explain this distinction because new consumers get confused and think that defendants like this simply were not pirating because the plantif could not reach the level needed to convict just upon one simple technicality/loop hole.


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