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.
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