Texas Trademark Lawyer Tamera Bennett

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ESNTION v. JONESTM Copyright Claims Dismissed Without Prejudice

by Tamera H. Bennett In January 2008 I blogged about a pending copyright infringement lawsuit over certain master recordings owned by Esntion and allegedly infringed by Jonestm.

Judge Lindsay, in the Northern District of Texas (Dallas), issued an order on November 13, 2009 dismissing the claims for copyright infringement and trademark infringement WITHOUT PREJUDICE for lack of subject matter jurisdiction.

A residual issue facing the Plaintiff in this case is the pending 25 page motion by Defendant for Plaintiff to pay Defendant's attorney's fees.

I've blogged recently here regarding whether or not attorney's fees are appropriate in copyright infringement cases pending the case being dismissed WITH  or WITHOUT prejudice.

In the Bridgeport case referenced in the link out, the Magistrate determined both parties were responsible for the case dragging out.  In Esntion, Plaintiff's response to Defendant's motion for attorney's fee is due in January 2010.  This will be an interesting case to follow as attorney's fees and "prevailing party" status is a trending topic in copyright infringement cases.