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Author Topic: Hawaiian Art Network LLC v. Aloha Plastic Surgery update  (Read 5138 times)

Robert Krausankas (BuddhaPi)

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Hawaiian Art Network LLC v. Aloha Plastic Surgery update
« on: April 16, 2012, 06:18:44 PM »
Defendants Aloha Plastic Surgery have filed a motion to set aside the default judgment, that was set awhile back. This motion was filed on 3/27/12 and a hearing for this motion is set for 5/14/12. Of interest in this motion is the following:

“Defendant has meritorious defenses against Plaintiffs and intends to assert, among other defenses, the defense of entrapment, enticement, honeypotting, lack of copyright registration or fatally defective copyright registration, fraud, estoppels, illegality, consent, waiver, release, abandonment, acquiescence, recession, abrogation, accord and satisfaction, license, implied license, set-off or off-set, unconscionability, mistake, copyright misuse, unclean hands, that plaintiffs abandoned any copyright inhering in the subject photographs and/or that the subject photographs are in the public domain, fair use and/or de minimus infringement, innocent intent, that such injuries or damages were proximately caused by acts or omissions of Plaintiffs and /or its affiliates or others outside the control of Defendants, and not be the acts or omissions of Defendants, lack of standing, laches, and failure to mitigate.
I will be keeping an eye on this as it proceeds, and hope to have the entire document uploaded to our library..
« Last Edit: April 17, 2012, 01:56:23 AM by Matthew Chan »
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

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Re: Hawaiian Art Network LLC v. Aloha Plastic Surgery update
« Reply #1 on: April 16, 2012, 06:29:27 PM »
I LOVE IT! You GO Aloha!

Mahalo!
 :D

Matthew Chan

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Re: Hawaiian Art Network LLC v. Aloha Plastic Surgery update
« Reply #2 on: April 17, 2012, 01:59:28 AM »
The Memorandum in Support of Motion to Set Aside Entry of Default has been posted. I would say there is a good chance for the entry of default to be set aside. I haven't seen this before but I am certainly learning by reading this.

http://www.scribd.com/doc/89754010/Hawaiian-Art-Network-Vincent-Tylor-vs-Aloha-Plastic-Surgery-Memorandum-in-Support-of-Motion-to-Set-Aside-Entry-of-Default

Also, a new updated docket has been posted reflecting the latest legal events:

http://www.scribd.com/doc/89753862/Hawaiian-Art-Network-Vincent-Tylor-vs-Aloha-Plastic-Surgery-Docket
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

stinger

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Re: Hawaiian Art Network LLC v. Aloha Plastic Surgery update
« Reply #3 on: April 17, 2012, 10:30:15 AM »
Is there anything we can do to support Aloha in this?

There defense seems similar to what any of us Getty Letter recipients should/could use. 

Robert Krausankas (BuddhaPi)

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Re: Hawaiian Art Network LLC v. Aloha Plastic Surgery update
« Reply #4 on: April 17, 2012, 11:11:29 AM »
There are some ideas in the works, but first the default judgement has to be reversed.
Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

Jerry Witt (mcfilms)

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Re: Hawaiian Art Network LLC v. Aloha Plastic Surgery update
« Reply #5 on: April 17, 2012, 12:59:39 PM »
Glad to see Aloha is stepping up. Just wish they would have done it sooner.
Although I may be a super-genius, I am not a lawyer. So take my scribblings for what they are worth and get a real lawyer for real legal advice. But if you want media and design advice, please visit Motion City at http://motioncity.com.

Greg Troy (KeepFighting)

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Re: Hawaiian Art Network LLC v. Aloha Plastic Surgery update
« Reply #6 on: April 17, 2012, 01:39:40 PM »
I hope to see more and more companies/people fight for their rights.  Way to go Aloha!


Glad to see Aloha is stepping up. Just wish they would have done it sooner.
Every situation is unique, any advice or opinions I offer are given for your consideration only. You must decide what is best for you and your particular situation. I am not a lawyer and do not offer legal advice.

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Matthew Chan

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Re: Hawaiian Art Network LLC v. Aloha Plastic Surgery update
« Reply #7 on: August 20, 2014, 05:05:14 PM »
All VKT and James Stephen Street's extortion victims and Aloha Plastic Surgery should follow this case from the Pacer archives.  Michael Pasquale put up a hell of a fight.

I am amazed how a revisit of Pacer reveals that Michael Pasquale single-handedly set aside the default judgement that James Stephen Street attempted to get for Hawaiian Art Network. I never saw it done before prior to this.

http://www.scribd.com/doc/237344651/Aloha-Plastic-Surgery-Sets-Aside-Default-Judgment-from-Hawaiian-Art-Network

Kudos to Michael for teaching us this.
« Last Edit: August 20, 2014, 05:26:16 PM by Matthew Chan »
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

Robert Krausankas (BuddhaPi)

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Re: Hawaiian Art Network LLC v. Aloha Plastic Surgery update
« Reply #8 on: August 20, 2014, 06:03:22 PM »
All VKT and James Stephen Street's extortion victims and Aloha Plastic Surgery should follow this case from the Pacer archives.  Michael Pasquale put up a hell of a fight.

I am amazed how a revisit of Pacer reveals that Michael Pasquale single-handedly set aside the default judgement that James Stephen Street attempted to get for Hawaiian Art Network. I never saw it done before prior to this.

http://www.scribd.com/doc/237344651/Aloha-Plastic-Surgery-Sets-Aside-Default-Judgment-from-Hawaiian-Art-Network

Kudos to Michael for teaching us this.

Classic newspaper headline:

"Breast enhancement doctor, beats down seasoned copyright-troll attorney/ Paint by numbers artist J Stephen Street single-handedly"

Most questions have already been addressed in the forums, get yourself educated before making decisions.

Any advice is strictly that, and anything I may state is based on my opinions, and observations.
Robert Krausankas

I have a few friends around here..

 

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