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Now it’s WotC’s Turn: WotC Moves Against TSR3
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<blockquote data-quote="Ralif Redhammer" data-source="post: 8565030" data-attributes="member: 30438"><p>A couple things from the legal filing....</p><p></p><p>In multiple instances, they use the term "controversy." In legalese, it's used to mean "dispute..." essentially, "we have beef."</p><p></p><p>They are bringing down the hammer. I would point out that at this point they are going for the jugular (bolding mine): </p><p></p><p>PRAYER FOR RELIEF</p><p></p><p>WHEREFORE, Wizards prays for Judgment against Counterclaim Defendants as</p><p>follows:</p><p>A. That the Court enter judgment in Wizards’ favor on all claims brought by</p><p>Wizards;</p><p>B.<strong> That the Court enter an order pursuant to 15 U.S.C. § 1116 impounding all</strong></p><p><strong>infringing products bearing Wizards’ marks or that otherwise infringe Wizards’ intellectual</strong></p><p><strong>property, and any related materials, including business records, in Counterclaim Defendants’</strong></p><p><strong>possession or under their control;</strong></p><p>C. That the Court enter an order requiring any domain name registries, registrars, and</p><p>website holding companies that hold, list, or host one or more domain names or websites that</p><p>(1) are associated with Counterclaim Defendants’ infringement of Wizards’ intellectual property,</p><p>inter alia, via infringing domain names that include the name “TSR,” and/or (2) are owned,</p><p>operated, or controlled by any Counterclaim Defendant and that have displayed one or more</p><p>Wizards trademarks, infringed Wizards’ IP, or otherwise created false association with Wizards</p><p>product(s), to:</p><p><strong>i. take down the infringing websites;</strong></p><p><strong>ii. disable any infringing domain names; and</strong></p><p><strong>iii. transfer the infringing domain names to Wizards’ ownership and control,</strong></p><p><strong>including inter alia, by changing the registrar of record to a registrar of</strong></p><p><strong>Wizards’ choosing.</strong></p><p>D. That the Court enter an order requiring Counterclaim Defendants to provide</p><p>Wizards a full and complete accounting of all amounts due and owing to Wizards as a result of</p><p>Counterclaim Defendants’ unlawful activities;</p><p>E. That Counterclaim Defendants be required to pay all actual damages that Wizards</p><p>has sustained or will sustain as a consequence of Counterclaim Defendants’ unlawful acts,</p><p>together with statutory damages to the extent allowable, and that such damages be enhanced,</p><p>doubled, or trebled as allowed by law;</p><p><strong>F. That Counterclaim Defendants be required to pay the costs of this action and</strong></p><p><strong>Wizards’ reasonable attorneys’ fees incurred in prosecuting this action, as provided for by 15</strong></p><p><strong>U.S.C. § 1117 or otherwise allowed by law;</strong></p><p>G. That the Court enter an order requiring that identified financial institutions restrain</p><p>and transfer to Wizards all amounts arising from Counterclaim Defendants’ unlawful</p><p>infringement as set forth in this lawsuit, up to a total amount necessary to satisfy monetary</p><p>judgment in this case; and</p><p>H. That the Court grant Wizards such other, further, and additional relied as the</p><p>Court deems just and equitable.</p><p></p><p>Business records, I would think, would be bad news for LaNasa. But really, the whole thing is bad news for LaNasa, and he couldn't be more deserving. I'm starting to see some talk online of people kvetching about "the big company throwing their weight around." Which, really, doesn't justify siding with a bigot and a grifter, not to mention someone quantifiably infringing on their IP.</p><p></p><p>Also, as far as receiving the infringing products, other than the t-shirts, I imagine it would look a whole lot like this meme:</p><p></p><p>[ATTACH=full]152928[/ATTACH]</p></blockquote><p></p>
[QUOTE="Ralif Redhammer, post: 8565030, member: 30438"] A couple things from the legal filing.... In multiple instances, they use the term "controversy." In legalese, it's used to mean "dispute..." essentially, "we have beef." They are bringing down the hammer. I would point out that at this point they are going for the jugular (bolding mine): PRAYER FOR RELIEF WHEREFORE, Wizards prays for Judgment against Counterclaim Defendants as follows: A. That the Court enter judgment in Wizards’ favor on all claims brought by Wizards; B.[B] That the Court enter an order pursuant to 15 U.S.C. § 1116 impounding all infringing products bearing Wizards’ marks or that otherwise infringe Wizards’ intellectual property, and any related materials, including business records, in Counterclaim Defendants’ possession or under their control;[/B] C. That the Court enter an order requiring any domain name registries, registrars, and website holding companies that hold, list, or host one or more domain names or websites that (1) are associated with Counterclaim Defendants’ infringement of Wizards’ intellectual property, inter alia, via infringing domain names that include the name “TSR,” and/or (2) are owned, operated, or controlled by any Counterclaim Defendant and that have displayed one or more Wizards trademarks, infringed Wizards’ IP, or otherwise created false association with Wizards product(s), to: [B]i. take down the infringing websites; ii. disable any infringing domain names; and iii. transfer the infringing domain names to Wizards’ ownership and control, including inter alia, by changing the registrar of record to a registrar of Wizards’ choosing.[/B] D. That the Court enter an order requiring Counterclaim Defendants to provide Wizards a full and complete accounting of all amounts due and owing to Wizards as a result of Counterclaim Defendants’ unlawful activities; E. That Counterclaim Defendants be required to pay all actual damages that Wizards has sustained or will sustain as a consequence of Counterclaim Defendants’ unlawful acts, together with statutory damages to the extent allowable, and that such damages be enhanced, doubled, or trebled as allowed by law; [B]F. That Counterclaim Defendants be required to pay the costs of this action and Wizards’ reasonable attorneys’ fees incurred in prosecuting this action, as provided for by 15 U.S.C. § 1117 or otherwise allowed by law;[/B] G. That the Court enter an order requiring that identified financial institutions restrain and transfer to Wizards all amounts arising from Counterclaim Defendants’ unlawful infringement as set forth in this lawsuit, up to a total amount necessary to satisfy monetary judgment in this case; and H. That the Court grant Wizards such other, further, and additional relied as the Court deems just and equitable. Business records, I would think, would be bad news for LaNasa. But really, the whole thing is bad news for LaNasa, and he couldn't be more deserving. I'm starting to see some talk online of people kvetching about "the big company throwing their weight around." Which, really, doesn't justify siding with a bigot and a grifter, not to mention someone quantifiably infringing on their IP. Also, as far as receiving the infringing products, other than the t-shirts, I imagine it would look a whole lot like this meme: [ATTACH type="full" width="420px"]152928[/ATTACH] [/QUOTE]
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