[HPforGrownups] Re: Interim Ruling-- what in the sam hill is this?

[heidi]

No: HPFGUIDX 12582

Suzanne - sorry I didn't respond but I didn't get any email from you
this week! (privately, let me know which address you used, ok?)
I did a post about this when the ruling came down - it's at Message No.
8419
Basically, the court DID dismiss her defamation claims with prejudice
(which means she can't refile them) and dismissed the misrepresentation
claims but allowed her to replead them as false designation of origin
claims (which is identical to trademark claims).
However, the court also said that as a matter of law, Stouffer alleged
that each of the marks, character names, and likenesses were published
in her literary works (and publication doesn't mean that someone ever
bought the stuff = it just means that she created the work in a
permanent form (under copyright law, this email I am sending has
copyright protection - Stouffer's works have the same level of
protection as this email); that consumers have falsely associated her
works with Scholastic's works (all she had to do was say that customers
have - she didn't ahve to give ANY evidence that they did); and that she
has suffered irreparable harm and damages (again, no evidence
necessary).  NONE of this means that she proved them or has any evidence
to support her case. All it means is, she said "this is this, and that
is that."

rainy_lilac at yahoo.com wrote:

>
> I emailed Heidi about this but haven't heard from her yet.
>
> I am a little perturbed that the judge did not simply dismiss this
> nonsense. Those of you who are lawyers in this forum: what do you make
>
> of this thing? Maybe my legalese is not up to snuff.
>
> Meanwhile on my end: I have failed utterly in my attempts to find any
> existing copy of any of Stouffer's texts. Usually I am the kind of
> person who can find anything, anywhere. *Shrug* Makes me wonder if
> they exist at all frankly.

The only place I could think to find them would be at the copyright
office in washington, in the library of congress complex.



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