A U.S. District Court in California ruled that a Southern California law firm used material from a Novato, Calif.-based law firm’s copyrighted Web site with out permission and attempted to pass it off as its own.
Magistrate Judge Edward M. Chen of the Northern District of California ruled that San Diego law firm Recordon & Recordon plagiarized material appearing on Brayton Purcell’s Web site and knowingly attempted to pass it off as its own content.
Brayton Purcell alleged that Recordon & Recordon’s conduct caused injury that was likely to be suffered because prospective clients viewing the two Web sites were likely to be confused as to which firm had plagiarized from the other and could erroneously conclude Brayton Purcell was the infringing party, harming the firms business reputation and goodwill and thereby decrease its business and profits.
Recordon & Recordon filed a motion seeking dismissal of Brayton Purcell’s action due to a lack of personal jurisdiction or improper venue, arguing that its practice area was limited to Southern California and that it does not have, nor has it ever had, any clients in the Northern District of the state.
After the judge denied Recordon & Recordon’s motion, the two parties agreed to arbitration – who found in favor of Brayton Purcell.
Brayton Purcell asserted that Recordon & Recordon “willfully, deliberately and knowingly” made commercial use of its copyrighted material and that very few firms have expertise in Brayton Purcell self-acclaimed specialty of elder abuse law.
Joined by Judge Mary M. Schroeder, Nelson concluded that Recordon & Recordon’s alleged infringement was therefore a sufficient basis to confer specific personal jurisdiction and venue in the Northern District was proper.
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