This case was dismissed / closed on October 24th..my bet is that Windstone Buffalo settled and most likely paid something to make it go away..
A couple of items strike me as odd in these cases, based on the complaint and the exhibit, which can both be seen below. Even though the complaint to me, looks rather cheesy and simple minded, it really doesn’t matter in the grand scheme of things as long as it meets them standards the court sets forth. I’ve looked at and poured over literally hundrds of complaints, but have never seen any as “simple” as this…That aside..
I find it odd that Adlife Marketing states:
“Plaintiff Adlife Marketing and Communications, Co., Inc., is a Rhode Island
company with a principal place of business at 38 Church St., Pawtucket, Rhode Island.”
and that:
Defendant Windstone Buffalo Co. (“Windstone”) is a company with a principal
place of business located at 44229 281st Street, Freeman, South Dakota 57029 and with a
registered agent Nathaniel Jacob Preheim, 44229 281st Street, Freeman, South Dakota 57029.
Yet the lawsuit is filed in the State of Massachusetts, I’m not sure why “venue is proper” I think if it were me, my first line of defense, would be a motion to dismiss for this reason. I’m no lawyer by any means and not sure if this would work or not, unless Adlife Marketing has overwhelming proof that products were actually sold in MA.
The other oddity, is that Adlife really does not offer up any groundwork to the alledged infringement, nor does it offer up any solid proof of infringement, besides one lonely exhibit showing a screen capture of the web page in question.
In my “non-lawyer” capacity, I think it’s safe to say that a screenshot does not offer proof of infringement, it only shows that the image appeared on the page, AND THERE IS A DIFFERENCE!…Take for example the below screen shot of a post I wrote a week or so ago:
This image of grapes, while “appearing” in the page / post is not an infringement ( though I’m sure Joel Albrizio would disagree). This image is hotlinked from an outside source…preparedfoodphotos.com, which is also owned by Adlife Marketing and Joel Albrizio… Courts have deemed that “hotlinking is not infringement. So screenshots are not absolute proof, they would need to offer up more than that alone.