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Intellectual Property News
The Owners Were Indicted Today For Charges Of Copyright Infringement.
Abdul Naser Al-Sweity, 35, of Newport, Ky. and Hicham Tibtani, 35, of Edgewood, Ky. operated the two grocery markets. The Indictment alleges that from December of 2004 until January of this year, Al-Sweity and Tibtani produced and sold counterfeit DVD’s.
It is also alleged that in December of 2007 Al-Sweity purchased a DVD/CD duplicator that was capable of duplicating up to 9 DVD’s at one time and Tibtani purchased a similar duplicator in February of 2005. Also in 2005, Al-Sweity and TIbtani purchased 10,000 blank DVD’s and 8,100 jewel cases to hold the DVD’s. During 2006, it is alleged that the two men purchases 9,550 blank DVD’s and 13,600 jewel cases.
The Indictment also alleges that on various occasions from October 2006 until January 2007, Al-Sweity and Tibtani sold around $900 DVD’s for about $2,400 in Grant, Boone, Kenton and Campbell counties.
If convicted, they face a maximum of 10 years in prison, a $250,000 fine, and supervised release for five years.
The investigation preceding the Indictment was conducted by the Federal Bureau of Investigation Joint Terrorism Task Force . The Indictment was presented to the grand jury by Assistant United States Attorney Edwin J. Walbourn, III. Read more at louisville.fbi.gov.
A specimen is somthing used in patent tradmark office.
A specimen is a real-world example of how the mark is actually used on the goods or in the offer of services. Labels, tags, or containers for the goods are considered to be acceptable specimens of use for a trademark. For a service mark, specimens may be advertising such as magazine advertisements or brochures. Actual specimens, rather than facsimiles, are preferred.
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Definition:
The totality of elements in which a product or service is packaged or presented, such as the shape and appearance of a product or container, or the cover of a book or magazine.
First Sale Doctrine
Definition:
refers to the right of a buyer of a material object in which a copyrighted work is embodied to resell or transfer the object itself. Ownership of copyright is distinct from ownership of the material object. Section 109 of the Copyright Act permits the owner of a particular copy or phonorecord lawfully made under the Copyright Law to sell or otherwise dispose of possession of that copy or phonorecord without the authority of the copyright owner.
Distribution Right
Definition:
Rights of copyright, the distribution right is infringed merely by a transfer of copies of the work, whether those copies were unlawfully or lawfully made, except under the First Sale Doctrine.
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