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Gothic Battle Over Copyright Kingdom
Highest Court N.D. Ohio
Year Ended 2007
Plaintiffs Midnight Syndicate
Defendants Nox Arcana
Other No Other parties on file
Short Description Parties are two gothic/ambient bands, Midnight Syndicate and Nox Arcana, embroiled in litigation including accusations of copyright infringement, cybersquatting, and counter-accusations of trademark infringement, publicity appropriation, et. al. The District Court held all Defendant's state law counter-claims were preempted by the federal copyright act, and that the Lanham claims were not cognizable, since general ideas and concepts cannot receive trademark protection. - LSW

Legal Issues
Copyrights Infringement General
General Affirmative Defenses Federal Preemption
Trademarks & Unfair Competition Federal (Anti-Cybersquatting Cons. Prot. Act) Cybersquatting
  State Statute/Common Law Trademark Dilution
    Unfair & Deceptive Trade Practices
    Unfair Competition, False Advertising & Related Torts


Opinions Entity Productions v. Vargo
2007 Copr.L.Dec. P 29,470 / 2007 WL 3129861
N.D. Ohio , October 23, 2007 ( No. 1:07-CV-1197 )


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Related Searches Parties
Midnight Syndicate ( Plaintiff )
Nox Arcana ( Defendant )

Legal Issues
Copyrights / Infringement / General
General / Affirmative Defenses / Federal Preemption
Trademarks & Unfair Competition / Federal (Anti-Cybersquatting Cons. Prot. Act) / Cybersquatting
Trademarks & Unfair Competition / State Statute/Common Law / Trademark Dilution
Trademarks & Unfair Competition / State Statute/Common Law / Unfair & Deceptive Trade Practices
Trademarks & Unfair Competition / State Statute/Common Law / Unfair Competition, False Advertising & Related Torts

Courts
N.D. Ohio (highest court)


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