Ed sued for trademark infringement Options

[GRADCHACEY]

http://www.youtube.com/watch?v=Ey8YRL-6uHA

Someone's trying to play a big boy Gracey beat on their Fisher Price drum kit.

[GRADCHACEY]

Former lead singer of Public Affection?

[Live4Life]

Former lead singer of Public Affection?

YUP, THAT'S WHO HE IS. YUP. WHY, DID SOMEONE ELSE SING FOR PA BEFORE HIM?

This post has been edited by Live4Life: Jul 23 2013, 6:22 pm

[Live4Life]

Someone's trying to play a big boy Gracey beat on their Fisher Price drum kit.

SOUNDS PRETTY FUCKING GOOD TO ME. BIG BOY GRACEY BEAT? WHAT THE FUCK DOES THAT EVEN MEAN? HE'S A GOOD DRUMMER BUT NOT GREAT. OHHHH GOLLY GEE WIZ, IS MY CAPS LOCK ON?HEAVEN FORBID. OOPSIE, MY BAD.

This post has been edited by Live4Life: Jul 23 2013, 6:21 pm

[SinfulEyes]

OOPSIE, MY BAD.

You should probably stick to updating your Ed fan site.

Did you ever watch the show Friends, L4L? There's an episode where Phoebe sings a line, "it wasn't just that she was fat. The women smelled like garrrrbage." Can't help but think of you when I hear that line.

http://www.youtube.com/watch?v=C3qhvNjzSQM

This post has been edited by SinfulEyes: Jul 23 2013, 6:27 pm

[mfitz804]

Here is a copy of the Stipulation of Discontinuance.

https://iapps.courts.state.ny.us/fbem/Docum...A==&system=prod

The Stip of Discontinuance is filed after the matter has been settled. Its a formal document that alerts the Court that the matter is settled and Court intervention is no longer required.

Typically, this document is filed only AFTER the settlement has been paid; i.e. Defendant agrees to pay Plaintiff $100,000, Plaintiff signs the Stip (and other documents), and sends them to the Defendant's attorney. Defendant's attorney holds the Stip in escrow until the settlement check is issued; once its issued, Defendant files the Stip and pays the $45 filing fee.

Of course, both sides could simply decide to walk away, and then they don't have to wait for any check to file the Stip.

The terms of the settlement are not required to be filed with the Court, and are usually not filed because generally when you settle, you want the terms to be confidential. Filing it with the Court makes it a public record that can be accessed by anyone. The settlement could also state that no party can publicize the terms of the settlement to anyone in any manner.

So basically, having this document tells you absolutely nothing concerning the outcome, other than the fact that the lawsuit is over. We don't know, and may never know, the terms of the settlement.

That means its time to move on.

[SinfulEyes]

Here is a copy of the Stipulation of Discontinuance.

https://iapps.courts.state.ny.us/fbem/Docum...A==&system=prod

The Stip of Discontinuance is filed after the matter has been settled. Its a formal document that alerts the Court that the matter is settled and Court intervention is no longer required.

Typically, this document is filed only AFTER the settlement has been paid; i.e. Defendant agrees to pay Plaintiff $100,000, Plaintiff signs the Stip (and other documents), and sends them to the Defendant's attorney. Defendant's attorney holds the Stip in escrow until the settlement check is issued; once its issued, Defendant files the Stip and pays the $45 filing fee.

Of course, both sides could simply decide to walk away, and then they don't have to wait for any check to file the Stip.

The terms of the settlement are not required to be filed with the Court, and are usually not filed because generally when you settle, you want the terms to be confidential. Filing it with the Court makes it a public record that can be accessed by anyone. The settlement could also state that no party can publicize the terms of the settlement to anyone in any manner.

So basically, having this document tells you absolutely nothing concerning the outcome, other than the fact that the lawsuit is over. We don't know, and may never know, the terms of the settlement.

That means its time to move on.

Indeed.

[Bremang]

Here is a copy of the Stipulation of Discontinuance.

https://iapps.courts.state.ny.us/fbem/Docum...A==&system=prod

The Stip of Discontinuance is filed after the matter has been settled. Its a formal document that alerts the Court that the matter is settled and Court intervention is no longer required.

Typically, this document is filed only AFTER the settlement has been paid; i.e. Defendant agrees to pay Plaintiff $100,000, Plaintiff signs the Stip (and other documents), and sends them to the Defendant's attorney. Defendant's attorney holds the Stip in escrow until the settlement check is issued; once its issued, Defendant files the Stip and pays the $45 filing fee.

Of course, both sides could simply decide to walk away, and then they don't have to wait for any check to file the Stip.

The terms of the settlement are not required to be filed with the Court, and are usually not filed because generally when you settle, you want the terms to be confidential. Filing it with the Court makes it a public record that can be accessed by anyone. The settlement could also state that no party can publicize the terms of the settlement to anyone in any manner.

So basically, having this document tells you absolutely nothing concerning the outcome, other than the fact that the lawsuit is over. We don't know, and may never know, the terms of the settlement.

That means its time to move on.

And that is only for the first lawsuit, they ended the second suit at around the same time. You can find the docket notes here:
https://www.docketalarm.com/cases/New_York_...._v._Kowalczyk/

.....you need to access PACER to get the actual documents. You're a fancy rich lawyer, would you get them?


However, there is a letter from Chad's lawyer to the judge in the second suit (Found here: https://iapps.courts.state.ny.us/fbem/Docum...A==&system=prod) saying that the mediation from 1st suit was fruitless, but in effect was the reason why discovery was postponed for the second suit, and the letter concluded by requesting more time for discovery for the second suit.

But as you can see the second suit had a voluntary dismissal as well. The fact that nobody from WD came over to brag whatsoever makes me think that there wasn't even a settlement. No stipulation out there suggests that people can't even mention that a settlement was agreed upon. Pat gave Ed a big F you on twitter, which makes also me think there was just no settling in sight. The only concrete result of the suits that seems to be that Ed was made to change his billing, and can no longer say he's of Live.

[PurdueSteve]

The fact that nobody from WD came over to brag whatsoever makes me think that there wasn't even a settlement.

That makes me think 100% the opposite.

If there was a settlement, as fitz pointed out (and I pointed out earlier in this thread), there would likely be some sort of Non-Disclosure or Confidentiality agreement.

Other than Jimmy or OTD, I doubt anyone else at WD is close enough to know either way. Jimmy and OTD, if they know the details, would likely have been told to keep it shut.

If there had been no settlement, I'm sure we'd have heard some negative comments regarding Ed getting away with stealing from his band mates, ect.

The only concrete result of the suits that seems to be that Ed was made to change his billing, and can no longer say he's of Live.

This too makes me think there was likely a settlement, at least that covers the money owed that Ed had already paid a portion of. Having already paid "some" of the money makes it hard to win in court if you present a defense of not owing the money. The fact that Ed changed his billing, when it's obvious he was consciously billing himself as "Of Live" indicates that CCP had at least some legal leverage on him.

If I had to make an educated guess at an outcome, I'd say CCP got the changed billing and the money owed per the contract. I wouldn't bet on them having gotten much, if any, from Ed playing Live songs acoustically and selling the "bootlegs".

[mfitz804]

You're a fancy rich lawyer, would you get them?

I'm definitely neither fancy nor rich.

Plus, there would be no point in getting the Discontinuance, it won't say anything other than that the case is over. If it said there was a settlement agreement filed, maybe that would be worth it.

[Bremang]

Other than Jimmy or OTD, I doubt anyone else at WD is close enough to know either way. Jimmy and OTD, if they know the details, would likely have been told to keep it shut.

But as I already stated, it's doubtful that a nondisclosure clause requires secrecy about whether the parties actually reached a settlement. Also, that wouldn't keep OTD from getting the word out. There is nothing actionable against CCP if OTD made a comment on a message board which is essentially rumor. I'm sure CCP wouldn't care if people assumed that Ed was made to pay. CCP would probably prefer it. If it has to be so air tight, I'm calling OTD out right now to get a PM. If he doesn't respond, there's no settlement where CCP collected money.

If there had been no settlement, I'm sure we'd have heard some negative comments regarding Ed getting away with stealing from his band mates, ect.

No way. WD would never speak of the final status of the complaints in that case. They would just harp on how Ed got sued, as well as their opinion on Ed being a thief who ruined Live. Anything that could be considered a legal victory by Ed would be contained by WD if they knew as they attempt to erase any memory of the outcome.

This too makes me think there was likely a settlement, at least that covers the money owed that Ed had already paid a portion of. Having already paid "some" of the money makes it hard to win in court if you present a defense of not owing the money.

Tremendously speculative, no way to call that a "likely" outcome. No access to the contract or the circumstances or reasons for Ed giving the money.

The fact that Ed changed his billing, when it's obvious he was consciously billing himself as "Of Live" indicates that CCP had at least some legal leverage on him.

I agree, but with copyright infringement situations, a cease and desist with no damages is very common.

If I had to make an educated guess at an outcome, I'd say CCP got the changed billing and the money owed per the contract. I wouldn't bet on them having gotten much, if any, from Ed playing Live songs acoustically and selling the "bootlegs".

Could be. If Ed owed money I hope CCP got it.

[Bremang]

I'm definitely neither fancy nor rich.

Plus, there would be no point in getting the Discontinuance, it won't say anything other than that the case is over. If it said there was a settlement agreement filed, maybe that would be worth it.

Yeah...I was hoping you were a rich fancy lawyer from NY who already had PACER and could throw a couple dollars at it.

[mfitz804]

But as I already stated, it's doubtful that a nondisclosure clause requires secrecy about whether the parties actually reached a settlement.

Actually, a lot of settlement agreements prohibit the parties from discussing the settlement in any way. That doesn't mean just the terms. "I settled the case, but I can't tell you the terms" could be a confidentiality violation.

[mfitz804]

Yeah...I was hoping you were a rich fancy lawyer from NY who already had PACER and could throw a couple dollars at it.

As I said, that isn't necessary because the document won't say anything.

[Bremang]

Actually, a lot of settlement agreements prohibit the parties from discussing the settlement in any way. That doesn't mean just the terms. "I settled the case, but I can't tell you the terms" could be a confidentiality violation.

Good to know, I stand corrected.