Amaretto wins Summary Judgment Dismissing Ozimal’s Copyright Claim California, November 5, 2012 – Judge Charles Breyer granted summary judgment against Ozimals ruling that Ozimals does not own the copyright to its bunny code and therefore does not have standing to file suit. Although the Court also dismissed Amaretto’s Declaratory Judgment and Copyright misuse claims, the case moves forward with Amaretto’s claim for attorney’s fees under the copyright statute as well as its unfair competition, Defamation, Trade Libel, Intentional interference with contract, interference with prospective business advantage and request for injunctive relief.
On December 1, 2010 Ozimals filed a DMCA against Amaretto with Linden Labs during the crucial Christmas holiday season to prevent Amaretto from competing and to bolster Ozimals sales alleging copyright infringement. Ozimals had previously been presented with the correct facts and legal principles demonstrating that Defendants did not and could not have any valid copyrights in what they claimed. Amaretto filed suit shortly thereafter to prevent the destruction of its companies and the death of all of its client’s horses.
Monday’s ruling vindicates Amaretto and permanently prevents Ozimals from asserting its previously claimed copyright on Amaretto or any other entity.
Amaretto Ranch Breedables, LLC a California Limited Liability company (amarettobreedables.com) which creates breedable animals for virtual environments is represented by Ken Keller of Krieg, Keller, Sloan and Roman (kksrr.com) and Stevan Lieberman of the Law Offices of Greenberg & Lieberman, LLC (aplegal.com).
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