Monday, August 6, 2012
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Sanrio Inc., which owns Hello Kitty and Flint The Time Detective, has filed suit ( read it here ) in Los Angeles Superior Court against unknown persons or entities who somehow illegally obtained possession of copies of Sanrio s animated programming in or about 1999 . Although the suit doesn t say anything specifically about how any of this took place, but Sanrio s legal charges against the unknown defendants Does 1-50 include trespassing and fraudulent holiday inn sunspree virginia beach concealment. From 2000 to the present, according to the suit, the defendants have illegally profited from exploitation of the toons and have never paid Sanrio anything. Additionally holiday inn sunspree virginia beach Sanrio asserts without further explanation that it didn t become aware of the problem until August 15, 2011 during a financial review. Sanrio Inc. aims to identify the perpetrators and seeks general and punitive damages, attorneys fees and court costs.
@Buddy the statute of limitations has already run on the specific causes of action holiday inn sunspree virginia beach that the Plaintiffs have pled in their complaint. In theory, the statute could be tolled if the Plaintiffs weren t aware of the facts giving rise to the allegations. Hence, the inclusion of the language. It s a way to try to pursue a lawsuit that was filed too late.
@Lev Generally, you have to file a lawsuit within a certain period of time or else you lose the right to sue. Sometimes, you believe something happened, but you re not sure of all of the facts or parties involved. That s when you sue a defendant as a Doe. Later on down the road, as the facts and names become more clear, holiday inn sunspree virginia beach you file what s called a Doe Amendment, where you say John Smith is Doe 1, etc. Seems a little strange, holiday inn sunspree virginia beach but happens all the time and there s a good reason for it.
From what I gather, some unknown doe made a television series based on Hello Kitty around 10 years ago, which was likely successful, holiday inn sunspree virginia beach and Sanrio had no idea it existed until last year (possibly years after ending)?
@Dillan the specific facts in the Complaint are fairly vauge, holiday inn sunspree virginia beach which is pretty normal for a lawsuit. But from the pleadings, it appears that Sanrio or one of its licensed holiday inn sunspree virginia beach subsidiaries created some type of programming content. A movie, a tv series or something of that nature. Then someone over here in the US obtained copies of that content without the legal right to possess it. Then, based on the language of the complaint, they probably made copies of the programming and sold those copies without first getting permission holiday inn sunspree virginia beach to do so and without paying royalties or licensing for it.
So Sanrio would know of the content, but not necessarily know where copies of the content were being sold, if they were being sold illegally. Picture the authorities raiding a shop or street holiday inn sunspree virginia beach vendor somewhere who s selling holiday inn sunspree virginia beach bootleg dvd s. Now Sanrio is on notice that their property holiday inn sunspree virginia beach is being bootleg d but they don t know who the higher-up s behind the operation are. So they file this lawsuit against the Doe s. At some point, as the facts become more clear to them, they will substitute named parties in for the Does. And the judge will have to determine whether the statute of limitations has run or not.
Sounds like they could be talking about eBay sellers, street vendors, etc. selling bootleg copies of the toons. The only detail that doesn t fit with that is becoming holiday inn sunspree virginia beach aware of the problem during a financial review. But that s a pretty vague term and could certainly include scanning the internet to see how their toons were being distributed.
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