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Colorado Court of Appeals rules in favor of sellers re:NOCI

 
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tabberone



Joined: 09 Aug 2003
Posts: 192

PostPosted: Wed Jan 30, 2008 9:15 am    Post subject: Colorado Court of Appeals rules in favor of sellers re:NOCI Reply with quote

I've attached a link to the whole 36 page decision but it breaks down to this.

Sevenarts/Chalk & Vermilion shut me down for selling Betty Boop fabric.

They told me if I didn't like it to sue them or they were going to sue me when I filed the ocunternotice.

I sued. They said Colorado didn't have jurisdication.

Magistrate ruled in my favor, judge overturned him.

Gred Beck from Public Citizens Litigation Group took the appeal.

We won.

10th District Court of Appeals ruling about an NOCI (notice of claimed infringement by a VeRO member) giving the seller jurisdication is the first ruling in the country addressing an NOCI.

It's now precedent for other courts to follow.

Sevenarts now has to decide whether to appeal it further up the line. Which would be the United States Supreme Court.

http://www.tabberone.com/Trademarks/HallOfShame/SevenArtsLtd/appeal/decision.pdf
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