22 May – Update on Copyright Troll (Voltage Pictures) Claims Trademark Infringement In Oregon State Court

22 May 14 Update

Quick Update – Well thanks to some Does who fought back, as well as their attorneys, the two OR State Trademark infringement cases have been removed to Federal court and then the judge on his own decided to server all defendants except for Doe #1.

I don’t believe any subscriber information was released to the Troll prior to judge severing the Does.  Just remember that this success was only possible because some of the Does decided to fight.  Thank you!

VoltagePic_MTQ_OR_State   OR_DBC_Order 00812(OR)

DTD 🙂

2 May 14 Update

A short update concerning the release of subscriber information by Comcast concerning the 50 Does.  It looks like unless there is some sort of motion to quash filed, Comcast is scheduled to release the information on 22 May 14.  It would be nice if Comcast decided to fight what is clearly an abuse of the law to obtain their customer’s information.

If you are a Comcast customer, you might consider calling (866) 947-8LRC & select option #2. You can also tell Comcast what you think via Twitter – @comcast OR via their corporate Web site – http://corporate.comcast.com/

In case you missed it, NBC Chicago, IL, recently (2 May 14) ran a story on Copyright Trolls and I was lucky enough to be interviewed for it.  Attorney Jeffrey Antonelli features more prominently in the story (as well as looks good in that suit).  Please take a read and watch the video.

DieTrollDie 🙂

————————————————————–

VolPic1The low-down tactics of Copyright Trolls never stop to amaze me.  This time Voltage Pictures (AKA: Nicolas Chartier) are trying a very Prenda-Like move in the Marion Circuit Court (Oregon State court).  They have filed a Trademark Infringement case against 50 John Does for what is clearly a BitTorrent Copyright Infringement case – thus should be filed in Federal court.  I would also like to welcome attorney Carl D. Crowell, Crowell Law, to the ranks of the Copyright Trolls.  Your reputation may suffer for doing this. 

VolOR1

Voltage Picture is clearly trying to use this ruse (my opinion) to obtain ISP subscriber information for IP addresses they say shared the movie Dallas Buyers Club over BitTorrent.   Complaint_VolPict_OR

If you recently received a letter from your ISP about Voltage Pictures in Oregon, The Pietz Law Firm would like to hear from you.  As to your options generally in cases like these, check out this article by Morgan Pietz.

DieTrollDie 🙂

About DieTrollDie

I'm one of the many 'John Does' (200,000+ & growing in the US) who Copyright Trolls have threatened with a civil law suit unless they are paid off. What is a Copyright Troll? Check out the Electronic Frontier Foundation link - http://www.eff.org/issues/copyright-trolls
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4 Responses to 22 May – Update on Copyright Troll (Voltage Pictures) Claims Trademark Infringement In Oregon State Court

  1. DieTrollDie says:

    I also know Mr. Crowell knows about how his case is gaining attention and asked him to please share his thoughts with us. If he isn’t able to comment directly to us, I expect he will be in contact with Plaintiff to discuss the matter. 🙂

  2. DieTrollDie says:

    Well the complaint is an interesting read, but not too shocking. They are simply using the Oregon Trademark law (http://www.oregonlaws.org/ors/chapter/647) to try and obtain the ISP subscriber records for 50 Comcast subscribers. Now why they decided to go the OR State court route is not clear. Troll Crowell has filed Federal Copyright Infringement law suits for Voltage Pictures, as recently as 21 Feb 14 (http://www.rfcexpress.com/lawsuits/copyright-lawsuits/oregon-district-court/726784/voltage-pictures-llc-et-al-v-doe-215/summary/). Most of the previous Copyright Troll cases in OR were filed in the first half of 2013. Someone please refreash my memory on the OR Troll cases. I assume they had a bit of a set back with the mass Doe cases in the Federal court system.

    The OR Trademark law (http://www.oregonlaws.org/ors/647.105) isn’t very strong in the damages section, so I assume they would simply obtain the ISP subscriber information and then send out settlement demand letters telling the receipiants they would now be sued for Federal Copyright Infringement. As Troll/Plaintiff doesn’t intend to actuall take this case to trial, obtaining the ISP subscriber information is the real goal.

    DTD 🙂

  3. DieTrollDie says:

    If anyone has copies of what Comcast has sent the 50 Does, please send me a copy. Do we have a date that Comcast will release the subscriber infirmation?

    DTD 🙂 dietrolldie@didtrolldie.com

  4. Anon E.Mous says:

    The mere fact that they are using the guise of trademark infringement to get ISP subscriber information to pursue a ” settlement ” offer leaves me bewildered that a Judge would allow this to proceed.

    IMHO it would seem a Judge has not looked at the trademark law legislation and how it would apply to this case or why ISP subscriber information would be needed in a trademark case. In effect this would look like it was just rubber stamped without any due diligence by the Judge overseeing this case.

    Comcast is failing it’s customers by allowing their customer information to be released without it’s legal department even looking and questioning why it’s customers information is need in a trademark lawsuit and why it would be necessary to want so many of the customers information.

    There would seem to be many failures from the Judicial system in Oregon to Comcast as well in that no one seems to be concerned with the “details” of this case and the abuse of the law, courts and peoples private information.

    The saving grace here will be the fact that there will be a Comcast customer that is going to come forward to the court and file an answer to this lawsuit and hopefully they will be represented by a competent anti-troll lawyer who will take Comcast and the Judge who issued the order to task at how Voltage and it’s lawyer are abusing the court and the law in this case with a frivolous based lawsuit.

    I would be of the believe that once the winds of angry Comcast customers and the media picks up on how this Voltage pictures lawsuit is dressed up as a trademark infringement case but in reality is nothing but a troll settlement scheme

    ,I believe Comcast will scramble to save face when the shit hits the fan from their customers and the media and their lawyers will hopefully seek to have an order preventing the trolls from contacting Comcast subscribers until someone can enlighten the court at what is really happening with this so called trademark lawsuit.

    It will be interesting to see what happens here.

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