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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.
Federal registration is not valid outside the United States
However, if you are a qualified owner of a trademark application pending before the USPTO, or of a registration issued by the USPTO, you may seek registration in any of the countries that have joined the Madrid Protocol by filing a single application, called an "international application," with the he International Bureau of the World Property Intellectual Organization, through the USPTO.
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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.
Passing Off
Definition:
The substitution of one brand of goods when another brand is ordered. Trademark infringement where the infringer intentionally meant to mislead or deceive purchasers.
Suggestive Mark
Definition:
A mark that, when applied to the goods or services at issue, requires imagination, thought or perception to reach a conclusion as to the nature of those goods or services.
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