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PostPosted: Fri Aug 19, 2011 4:53 pm 
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Murray C wrote:
Singyoassoff wrote:
Can you point me to any legal authority applying the first-sale doctrine as it relates to trademark law in the context of a 1:1 media shift or anything analogous?


Can you point me to any legal authority that allows the copying and use of a trademark without the permission of the mark owner?


Really? So in your world activities should be illegal unless a law states otherwise?


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PostPosted: Fri Aug 19, 2011 5:00 pm 
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HarringtonLaw wrote:
Part of the problem here is that there is not a lot of analogous case law, because until we started doing these lawsuits, there wasn't really anyone suing on this theory, and our cases haven't had time to get to the appellate level..

A theory it is indeed. (Take note those of you who have made blanket statements that a 1:1 shift is DEFINITELY ILLEGAL.) And as far as I can tell, no cases involving a true 1:1 shift have been adjudicated at the TRIAL court level under this theory, much less the APPELLATE level.

It certainly will be interesting to see how this plays out in the case of a 1:1 shift. It may play out whether SC likes it or not if they get a great white caught in the tuna net.


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PostPosted: Fri Aug 19, 2011 10:14 pm 
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HarringtonLaw wrote:
Paradigm Karaoke wrote:
how about the downloads?


You've reached the extent of my knowledge. I don't know enough about music videos to answer your question. However, they do appear to be audiovisual works that would be subject to the same rules as karaoke.


Really? Using SC's ideas of right and wrong, their logo, when displayed from a PC source, is technically a counterfeit. If that is the case ( I make no claim one way or the other), then a download- a media-shifted copy of an original recording, then uploaded, then downloaded, THEN displayed by a KJ in his show- would CERTAINLY be a counterfeit by SC's standards, would it not?. This would mean that anyone who used a downloaded SC track - say, from the Karaoke Channel, or going back further, Tricerasoft, or any other source- would be open to harrassment from SC, would they not? Would this not mean that ANY SC downloads- whether authorized or not- would be fair game for an SC "double-dip"? Buy first, then be forced into a disc audit later, and possibly more?

I would submit that buying any SC download is at best a bad business decision.

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Last edited by JoeChartreuse on Sat Aug 20, 2011 1:10 pm, edited 1 time in total.

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PostPosted: Sat Aug 20, 2011 6:53 am 
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JoeChartreuse wrote:
Using SC's ideas of write and wrong, their logo, when displayed from a PC source, is technically a counterfeit. If that is the case ( I make no claim one way or the other), then a download- a media-shifted copy of an original recording, then uploaded, then downloaded, THEN displayed by a KJ in his show- would CERTAINLY be a counterfeit by SC's standards, would it not?. This would mean that anyone who used a downloaded SC track - say, from the Karaoke Channel, or going back further, Tricerasoft, or any other source- would be open to harrassment from SC, would they not?


Actually the SC tracks downloaded from thekaraokechannel (files restricted to home use by the site's TOS) and PCDJ (no restriction) do not display the SC trademark. They display the karaokechannel trademark.


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PostPosted: Sat Aug 20, 2011 1:13 pm 
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Singyoassoff wrote:

Actually the SC tracks downloaded from thekaraokechannel (files restricted to home use by the site's TOS) and PCDJ (no restriction) do not display the SC trademark. They display the karaokechannel trademark.


Well I did say if used for hosting karaoke. However, are you saying that someone removes the SC logo and replaces it with the Karaoke Channel trademark? THAT would be interesting...

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Last edited by JoeChartreuse on Sat Aug 20, 2011 11:19 pm, edited 1 time in total.

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PostPosted: Sat Aug 20, 2011 3:03 pm 
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that is basically what happened.

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PostPosted: Sat Aug 20, 2011 3:30 pm 
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Also "Karaoke Battle USA" uses the best karaoke renditions as well, from The Karaoke Channel! I saw the Karaoke Channel logo on their monitor sweep of a very familiar SC song which was exactly the same!

Maybe The KIAA can get an anti-piracy ad during that show that uses Stingray music!

BTW, I was told by a host who did a preliminary contest for the show that the songs that singers were able to use were 95% SC & 5% CB.

I'm going to start marketing that my show uses the same audio that Karaoke Battle USA uses!

(EDIT: Changed percentages above.)

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Last edited by Wall Of Sound on Sun Aug 21, 2011 1:21 pm, edited 1 time in total.

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PostPosted: Sat Aug 20, 2011 11:21 pm 
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Paradigm Karaoke wrote:
that is basically what happened.


Well, I'm no lawyer, but removing a trademark and replacing it with another seems a LEETLE stinky to me..

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PostPosted: Sun Aug 21, 2011 4:03 am 
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i can see that, but if they now own them, why not?
the Geo Metro was relabeled the Chevy Metro.

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PostPosted: Sun Aug 21, 2011 7:42 am 
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So are Sound Choice investigations also enforcing the Karaoke Channel trademark? If not, the "smart pirate" would just load up with the KC stuff and have the same quality content as SC. There may not be the same amount of content available yet, but as time goes on, it will get out there on the black market. That will make for another entire discussion thread that will live forever.


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PostPosted: Sun Aug 21, 2011 10:46 am 
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One or two inquiries will probably reveal the the Trademark owner gave permission. Now they most likely got paid for it. This is not unusual in business. Remember the folks the most important word here is PERMISSION.

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PostPosted: Sun Aug 21, 2011 11:00 am 
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rickgood wrote:
So are Sound Choice investigations also enforcing the Karaoke Channel trademark? If not, the "smart pirate" would just load up with the KC stuff and have the same quality content as SC. There may not be the same amount of content available yet, but as time goes on, it will get out there on the black market. That will make for another entire discussion thread that will live forever.


i would think they could, the suits are by Slep-Tone Entertainment and Stingray is a Slep-Tone Company.

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PostPosted: Sun Aug 21, 2011 10:33 pm 
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Don't forget who owns Stingray (Derek Slep, I believe). I'm pretty sure permission was granted.


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PostPosted: Sun Aug 21, 2011 10:48 pm 
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I'm still awaiting an answer from HarringtonLaw in regard to the attachment of a trademark to a karaoke track produced without licensing/permission from the publisher/owner, and it's effect on a Trademark Infringement suit involving said unlicensed track....?

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PostPosted: Sun Aug 21, 2011 11:03 pm 
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that is one of the things i love about you Joe, like a pitbull you are.
hang on till you get the answer or they die, but they are held accountable either way.

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PostPosted: Sun Aug 21, 2011 11:08 pm 
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Paradigm Karaoke wrote:
that is one of the things i love about you Joe, like a pitbull you are.
hang on till you get the answer or they die, but they are held accountable either way.


:D Not really doing the Pit Bull bit in this case. Maybe a long memory though. No one else can supply an answer that negates my past statements. Now that HarringtonLaw is here, I would just love to know how this might be handled, and who better to ask? :mrgreen: 8)

OK, maybe a Pit Bull puppy? :wink:

BTW- baby Pits are sooo cute!

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