ESNTION v. JONESTM Copyright Claims Dismissed Without Prejudice

Dec 14

by Tamera H. Bennett In January 2008 I blogged about a pending copyright infringement lawsuit over certain master recordings owned by Esntion and allegedly infringed by Jonestm.

Judge Lindsay, in the Northern District of Texas (Dallas), issued an order on November 13, 2009 dismissing the claims for copyright infringement and trademark infringement WITHOUT PREJUDICE for lack of subject matter jurisdiction.

A residual issue facing the Plaintiff in this case is the pending 25 page motion by Defendant for Plaintiff to pay Defendant's attorney's fees.

I've blogged recently here regarding whether or not attorney's fees are appropriate in copyright infringement cases pending the case being dismissed WITH or WITHOUT prejudice.

In the Bridgeport case referenced in the link out, the Magistrate determined both parties were responsible for the case dragging out. In Esntion, Plaintiff's response to Defendant's motion for attorney's fee is due in January 2010. This will be an interesting case to follow as attorney's fees and "prevailing party" status is a trending topic in copyright infringement cases.

CopyrightCopyright LitigationDallas/Fort Worth TexasEntertainment lawsuitrecording agreements

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com

Tamera Bennett

Meet lawyer Tamera Bennett, your trusted advocate for trademark, copyright, and music law in the Dallas/Fort Worth area. Tamera gets it when her clients pour their heart and soul into their projects…she is just as passionate about using the law to protect her clients' intellectual property rights.

Tamera’s office might be in a “small town,” but her 25 years’ of legal experience allows her to counsel clients on deals in all the “big” cities.

Meet Tamera Bennett

Gordon Firemark

Gordon Firemark is an attorney whose practice is devoted to the representation of artists, writers, producers and directors in the fields of theater, film, television,and music. He is also the publisher of Entertainment Law Update., a newsletter for artists and professionals in the entertainment industries. His practice also covers intellectual property, cyberspace, new media and business/corporate matters for clients in the entertainment industry.

Meet Gordon Firemark

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