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Difference between Trademark Infringement & Piracy.
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Author:  MADPROAUDIO [ Thu Sep 02, 2021 10:51 am ]
Post subject:  Difference between Trademark Infringement & Piracy.
[size=85]Feel free to correct me if I am wrong. Because I am simply going off how I interpreted everything.

Trademark infringement is proving that someone copied your product that has
your trademarked name on it. So the only thing under lawsuit is the unauthroized
use of the trademark (Not the pirating part of it)

Even if the manufacturer loses the case due to not being able to prove that they also attempted to trick people into thinking it was the original tracks/trademark. It does not mean that it was not pirated. Just that a manufacturer's only legal standing is their trademark. The FBI, music producers would have to take that same PIRATE to court.

Case in point. A retailer was sued by Sleptone for loading hard drives with
karaoke music having SOUNDCHOICE trademark on it. That case was lost
by Sleptone only because they could not meet all the elements that would
require a conviction. More of a technicality/loophole when the defendant clearly
was copying their product.

During testimony the defendant's own witnesses who clearly were not in the loop about trying to lie simply told the same thing that the seller's employees stated. That the computers were sold with tons of music on it, with soundchoice too, NO DISC came with it. The defendant then tried to say that they told the customers that they had to have
their own disc, that it was just basically a service (I did not read that transcript part, was told by someone at the trial). That sounds like the typical BS that is being pulled by
all these pirates! So between the employees verifying that NO ONE was told they had to have their own disc and the defendants own customer witnesses that accidentally backfired on them. It was clear they were selling loaded computers with a copy of the music with no original disc, no license. just copying it in their dungeon so to speak. I wanted to explain this distinction because new consumers get confused and think that defendants like this simply were not pirating because the plaintiff could not reach the level needed to convict them on trademark. Even if a company loses it's lawsuit on trademark, it does not mean the defendant was not pirating music. That takes the music industy who owns the rights to the actual song to go after them and they would of easily been convicted had it been a piracy case instead of trademark.[/size]
Author:  jayel [ Sat Sep 25, 2021 1:34 pm ]
Post subject:  Re: Difference between Trademark Infringement & Piracy.
I'm not familiar with the case you refer to but, "trademark infringement" is the use of someone else's TM on your product to give the impression it was produced by another. You may have the right to sell the given product but not to use their TM. Piracy is the copying or use of someone else's product without a license.
Author:  MADPROAUDIO [ Fri Oct 15, 2021 5:59 pm ]
Post subject:  Re: Difference between Trademark Infringement & Piracy.
jayel wrote:
I'm not familiar with the case you refer to but, "trademark infringement" is the use of someone else's TM on your product to give the impression it was produced by another. You may have the right to sell the given product but not to use their TM. Piracy is the copying or use of someone else's product without a license.



I wrote that because sometimes consumers think that just because someone gets
away with trademark infringement, that it does not mean they were not pirating
the music.

The seller, like countless others, simply took Soundchoice, Chartbuster, all other
brands and made a digital copy of it and kept selling it over n over n over again
on hard drives. Never once providing original disc, etc. Soundchoice tried
suing the seller for having the trademark SOUNDCHOICE on the drives.
The court needed 3 elements to convict. Soundchoice could NOT prove the 3rd
one which was "Did the seller advertise there was soundchoice on it". The seller
did not. So therefore the jury could not bring back a guilty verdict.

However, through testimony. It was clear they were copying drive after drive.
Pirating the music. If the FBI, ASCAP, BMI, RIAA, etc. took them to court for
piracy. Based upon the evidence, it would of been a slam dunk conviction.

What's funny is there is a seller on ebay right now selling over 200,000 karaoke
songs. Already proven it has every karaoke manufacturer ever made basically
on it. You can see all the brands on the drive. He is even bold enough to put in
ad that it is all licensed and if anyone tries to stop him, his lawyers will basically
take care of them. Amazes me how these people get away with it.
Author:  jdmeister [ Sun Dec 26, 2021 5:24 pm ]
Post subject:  Re: Difference between Trademark Infringement & Piracy.
Old news it seems.
I posted ten years ago about counterfeit CD+G discs in boxes awaiting sales.
Hard drive just make it easier.
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