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Getty file complaint in high court against JA Coles

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Matthew Chan:
I personally find it interesting that there isn't a single attorney in the U.K. who has chosen to take this case on.  Having said that, there weren't many attorneys in the U.S. that had the sophistication to understand the issues as Oscar has.  The few attorneys I communicated with was simply willing to roll over based on their reading of the law.  However, I am quite happy I persisted on to find Oscar because my "common sense" told me that there was more to this than a simple reading of the law.

I can't speak for Oscar other than say that he can only practice here in the U.S.  But I am sure he would make an excellent legal advisor to a U.K. Attorney willing to be creative, open-minded to represent U.K. clients.

Oscar Michelen:
I have actually commented on this case on the UK blog on the FSB forum; it appears that the defendant did not contest the case and it was granted on default.  Also, I believe that the issue of "innocent infringement" which in UK means that there are no damages awarded if the infringement was not intentional, was not argued either. So I don't know how much precedent value the case will have. I would note that the case was reported in early September and no other cases appear to have been filed or decided since.  I cannot represent you in the UK unfortunately and like Matthew says we know of no firm that has decided to make a stand on this issue as we have here on this site.  Just some advice in general, Moreton Smith handles most if not all of their UK claims so that is not unusual or telling in any way.  If they knew about the infringement in June 2008 and did nothing about it until August 2009, they may not be entitled to any damages for after June 2008 -though I do not know UK law, so you would have to check that with a UK lawyer.

mellow6:
Has anyone in UK been taken down by getty? Did u know getty used to keep a public payphone in his hallway for his visitors to use. Enough said!

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