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ADVICE & COUNSEL INC v SJT ENTERPRISES INC Click to find out why . . .



Keywords & Phrases
CaseNo: ACIVSEI205900, Plaintiff: ADVICE & COUNSEL INC, State: CA California, UniqueCaseRef: LCD>ACIVSEI205900, CourtName: THIS MATTER CAME BEFORE THIS COURT PURSUANT TO THE AMENDED TEMPORARY RESTRAININ, Websites, Damages, Marketing, Infringement, Act, Ohio, Sjt, California, Smith, Materials, Legal Reference, District, United States, Reference Guide, Computer Disks, Freeadvicexom, Schruender, Paragraphs, Unfair, Misappropriation, Common Law, Wrongful, Jurisdiction, Media, Internet, Pursuant, Parties, Timothy, Matter, Amended Temporary Restrainin, Zder, Honorable Saundra Brown, Saundra Brown Armstrorq, Ihis Court, Therefor, Officers, Directors, Agents, Servants, Employees, Privity, Acting , ContentID: 120245761

Case Documents
1   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 112522
12 pages
PDF
2 2001-05-09 PRELIMINARY-INJUNCTION
[ see first page and extracted highlights below  ] ItemID: 112523
3 pages
PDF
Total Documents: 2 documents , 15 pages
Price: $ 24.95


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1 . COMPLAINT

EXTRACTED KEY WORDS
DEFENDANTS
DAMAGES
WEBSITES
LAW
MARKETING
INFRINGEMENT
ACT
BUSINESS
OHIO
SJT
CALIFORNIA
SMITH
MATERIALS
LEGAL REFERENCE
DISTRICT
UNITED STATES
REFERENCE GUIDE
COMPUTER DISKS
FREEADVICEXOM
SCHRUENDER
PARAGRAPHS
UNFAIR
MISAPPROPRIATION
COMMON LAW
WRONGFUL
JURISDICTION
COURT
MEDIA
INTERNET
  1

  2

  3

  4

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  6

  7                                         UNITED  STATES  DISTRICT  COURT
   8                             FOR  THE  NORTHEm                    DISTRICT  OF  CAL
   9

 10
 11      QVICE  &  COUNSEL  INCORPORATED,
         1 California  Corporation,
 12
                Plaintiff,                                                ;
 I3                                                                       >  COMPLAINT             
 14             v.                                                        )  RELIEF  AND  DAMAGES 
                                                                          ;  COPYRIGHT             
 15      ?JT ENTERPRISES,             MC.,  an alleged
         :orporation  of unknown  citizenship,                            3
`I6      KIMOTHY  3. SMITH,  and PETER
  I7     jCHRUENDER.           individually  and                          ;  DEMAND  FOR  JURY 
         Iba  Mascor  Publishing,                                         >
  18
                 Defendants.
  19

  20

 21
                 Plaintiff  Advice  &  Counsel  Incorporated  ("Plaintiff  `) alleges  as f0110wS:
 22
 23                                                 NATURE  OF  THE  ACTION

  24             I,.:  This  is an action  by Plaintiff  for  web piracy  against  a publisher, 
 25      ,ontroHing  offker  and  shareholder,  and its principal  wholes&  distributor  charging 
 2.5
         :opyright  infringement,  under  17 U.S.C.  $501  et seq. (1990)  and;  (2)  unfair  trade
  27
         iection  43(a)  of the  La&am  Act,  15 U.S.C.  $Sl2S(a)  and  California's  Unfair 
  28


SNIPPETS:
  • Plaintiff Advice & Counsel Incorporated alleges as f0110wS:
  • iection 43of the La&am Act, 15 U.S.C. $Sl2Sand California's Unfair Business Practices
  • I Act, Cal.
  • and misappropriation under the 2 common law of the State of California.
  • damages against defendants and demands a jury trial.
  • zmd is being brought to address the wrongful infringement of a & copyrighted website, and
  • Jurisdiction is conferred upon this Court pursuant to 28 U&C.
  • Plaintiff's principal place of business is Mill Valley, California, within this judicial
  • 17 district and Defendants' acts complained of herein, including the sale of products, in
  • Plaintiff +ublishss several of the leading legal websites on the InterW,
  • which a third party Internet data firm has reported is one of the 4 most visited legal
  • either as an Ohio domestic corporation or as a foreign corporation
  • Defendant SJT
  • 14 Smith is an Ohio resident who resides at 1223 Dellwood Drive, Westlake, Ohio
  • 17 SJT and represents to the public that he has personally authored the materials marketed by
  • Defendant Schruender operates a website at http://mascomub.cam.
  • computer disks tbt follow the organizational structure and content of Plaintiffs copyrighted
  • II,o the public the content from FreeAdvicexom as SST's own work.
  • I5 .ncluding the "I,,egal Reference Guide", which consists almost entirely of the stolen 16
  • Defendant has improperly and unlawfully marketed the `"Legal Reference Guide"
  • 25 Ilegation contained in paragraphs 1 through 17 above.
  • 28:opyright laws of the United States, and the copyright is duly registered in the United
  • 20 Defendants' websites Plaintiffs content, displaying it in their retail locations, and
  • 1s harm to plaintiff and its relationships with its clients and with the media.

  • 2 . PRELIMINARY-INJUNCTION

    EXTRACTED KEY WORDS
    COURT
    PURSUANT
    PARTIES
    TIMOTHY
    MATTER
    AMENDED TEMPORARY RESTRAININ
    ZDER
    HONORABLE SAUNDRA BROWN
    SAUNDRA BROWN ARMSTRORQ
    IHIS COURT
    THEREFOR
    OFFICERS
    DIRECTORS
    AGENTS
    SERVANTS
    EMPLOYEES
    PRIVITY
    ACTING
    CONCEI
    ACTS
    COPYING
    FREEADVICECOM
    WEBSITES
    SUBPARAGRAPHS
    DEPOSITION
    DEPOSE
    DEFENDANT PETER SCHRUENDER
    DOCUMENT DISCOVERY
    XRRSUANT
    
     1    tOBERT  F. KNOX, CA SBN 71524
          103 E. Blithedale Avenue, Suite 8
    2     tiill Valley, CA 94941
     3    felephone: (415) 388-9090
          dttorney  for Plaintiff
     4    iDVICE  & COUNSEL INCORPORATED
     5
    
     6
    
     7
                                       UNITED STATES DISTRICT COURT
     8
    
     9                          FOR THE NORTHERN DISTRICT OF CALIFORNIA
    
    10
    
    11
    
    12                                                     ) Civ. ActionNo.  C 01-1718 CW
          4DVICE  & COUNSEL INCORPORATED,                  )
    13    z California Corporation,
    14                                                     i
                 Plaintiff,                                ) PRELIMINARY INJUNCTION
    15                                                     >>
    16           V .
    17                                                     i
          3JT ENTERPRISES, INC., an alleged                >
    18    Corporation  of unknown citizenship,             >
          TIMOTHY  J. SMITH,and
    19                                                     >
          PETER SCHRUENDER. individually and               )
    20    1ba Mascor  Publishing,
                                                           i
    21           Defendants.                               >
    22
    
    23
    
    24
    
    25
                 This matter came before this Court pursuant to the Amended Temporary Restrainin
    26
    
    27    Zder,  dated May 9, 2001, issued by this Court, by the Honorable Saundra Brown Armstrorq
    
    28    Ihis Court has reviewed the papers submitted by Plaintiff and, good cause appearing therefor,
    
    SNIPPETS:
  • TIMOTHY J. SMITH,and
  • This matter came before this Court pursuant to the Amended Temporary Restrainin
  • 27 Zder, dated May 9, 2001, issued by this Court, by the Honorable Saundra Brown Armstrorq
  • 28 Ihis Court has reviewed the papers submitted by Plaintiff and, good cause appearing
  • officers, directors, agents, servants or employees and all persons in privity or acting in
  • are hereby enjoined from the following acts:
  • copying FreeAdvice.com, in whole or in part, including any derivative versions, or
  • FreeAdvicecom or any of Plaintiffs other websites;
  • the activities prohibited by subparagraphs through above;
  • IT IS FURTHER ORDERED that all parties may obtain deposition and document
  • It is specifically ordered that Plaintiff may depose
  • 24 defendant Peter Schruender pursuant to Rule 30 and obtain document discovery from him
  • 25 xrrsuant to Rule 34 at such time and place as the parties may mutually agree.
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