![]() ![]() There’s other issues here, from jurisdiction to what kind of monetary relief Evans can get over an app that made only $16.58 when it was available for download.Įvans’ attorneys note, “Although the Defendants claim to have stopped selling the app, Plaintiffs remain unsatisfied and Defendants continued to make reference to the app after the date the claim sales ceased. Age discrimination has been charged against Hewlett-Packard in a recently filed lawsuit that proposes to be a nationwide class action for older employees fired. The company says that this statute can bar Evans’ publicity rights claims. On January 5, 2009, Wilson filed a putative class actionlawsuit against HP in California Superior Court, Santa ClaraCounty. ![]() HP is also looking for safe harbor under Section 230 of the Communications Decency Act, which has often been used by digital publishers to shield themselves from liability over readers’ posted comments. Among them is the “innocent publisher defense,” based on law that is supposed to provide sanctuary from trademark claims for newspapers, magazines and periodicals over paid advertising. If Evans can’t hold HP responsible for direct infringement of his trademarks, he wants them punished for contributory infringement.Ī joint case-management statement ( read here) by the parties over this funnily named penis-measuring app discusses various defenses that HP is raising in an attempt to cut the lawsuit. Caddell & Chapman represented consumers who purchased defective 85 Wireless All-in-One printers from Hewlett Packard. Once it did, the app was removed, and HP says that in the period of time that the app was available, just 88 copies were downloaded at a retail price of $0.99.Īttorneys for Evans tell the judge “the first primary point of law in dispute is whether Defendants can be held directly liable for their acts given their ‘hands-on’ policy and procedure of approving each and every software app created for Defendants own smart phones.” By Caddell & Chapman on Septemin Uncategorized. The printer manufacturer Hewlett Packard (HP) has been annoying users lately by blocking the use of third-party ink or toner through firmware updates. HP says it had no involvement in creating or naming the app, and that until receiving a cease and desist letter, it had no knowledge of Evans’ claimed trademarks. The dispute is shaping up as one that will measure the liability of app distributors. ![]() Listen to Karol G's 'Barbie' Soundtrack Song & More Uplifting Moments in Latin Music ![]()
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