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Hawaiian Art Network LLC v. Aloha Plastic Surgery update
Robert Krausankas (BuddhaPi):
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..
Peeved:
I LOVE IT! You GO Aloha!
Mahalo!
:D
Matthew Chan:
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
stinger:
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):
There are some ideas in the works, but first the default judgement has to be reversed.
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