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News: Paul Reiche and Fred Ford want to continue the story they started when they created Star Control II — The Ur-Quan Masters. «Happy days and jubilation!» «But wait!» «There is something wrong here... something which makes my sheath retract and my talons ooze.» «Please, Captain, we need your help!»

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Author Topic: Stardock Litigation Discussion  (Read 19657 times)
orzophile
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Re: Stardock Litigation Discussion
« Reply #465 on: November 23, 2018, 11:46:48 pm »

It's not so one-sided as that...the variance in possible awards for trademark infringement is huge, and depends on how persuasive Stardock's expert is in convincing the jury that P&F caused them harm.

At least from my understanding of US trademark law, nothing about the GOTP announcement would qualify for statutory damages like willful copyright infringement can on the other side. Even if we grant that their expert is a modern Atticus Finch, it's going to be incredibly difficult to establish what I'd consider crippling damages beyond the loss of rights if the case is decided for Stardock's various assertions.

I would assume much less.  The fund is just shy of $39k, and they've had two lawyers working this case for over a year now, and recently added a third.  Maybe Mark (P&F's generalist laywer) only bills $200/hour, but Stephen, their lead IP attorney, probably bills $400/hour, and Tiffany (who might be their planned trial lawyer?) is probably somewhere in between.  All of these lawyers are probably not full-time on the case, but the math adds up pretty fast.

Most likely, yes. If either side gets out of the trial with less than $400,000 USD out of pocket, I'll be shocked. The current FDF maybe covers a single month of billable time, and although most of the legal billing won't be full time, they've certainly at least racked up multiple full weeks worth of time over the course of this debacle.
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