FightCopyrightTrolls.com reports on Judge William Alsup’s ruling on Monday denying the dissmisal of the Defendant’s sole counter-claim.
The Defendant had both denied committing the alleged infringement and asked the Judge to rule affirmatively that Defendant was not an infringer.
Malibu said that this was “duplicative” and would result in “confusion” to the jury.
But Judge Alsup noted a key difference between the two: A case without the counter-claim could be dismissed without Defendant “prevailing”, therefore avoiding any potential award of attorneys fee and costs to Defendant.
Judge Alsup denied Malibu Media’s motion for the dismissal of the counter-claim.
From here, if Malibu cannot prove the infringement allegations, it will likely have to pay Defendant’s fees and costs or face Judge Alsup again. And, this ruling can be used as persuasive authority in other courts under the right circumstances.
If you have received a notice in one of these cases, please don’t hesitate to call me immediately at 888.801.8681. If calling after-hours, please leave a message; I do return calls after-hours.
I have a ton of experience in file-sharing lawsuits and can help you achieve the best outcome possible. I’ve represented over 400 defendants in both settling and litigating Malibu Media lawsuits. I’ve written a subpoena defense guide for your information, as well.
I look forward to speaking with you and helping you put this matter behind you. Please don’t hesitate to call. 888.801.8681.
Yours,
Leonard French