(Reuters) – Dr. Seuss Enterprises LP and the makers of the Dr. Seuss/”Star Trek” mashup book “Oh, the Places You’ll Boldly Go!” have settled Seuss’ copyright infringement claims, based on a Tuesday submitting in San Diego federal courtroom.
In an agreement filed with the courtroom, the events agreed that the book infringes Seuss’ copyrights and completely bars ComicMix LLC, former “Star Trek” author David Gerrold, illustrator Ty Templeton and others from promoting it, whereas Seuss agreed to drop any claims for damages or attorneys’ charges.
The defendants’ lawyer Dan Sales space of Dan Sales space Legislation stated in an announcement that his purchasers settled due to Templeton’s analysis of Stage 3 colorectal most cancers earlier this yr.
“After five years of litigation and with the pre-trial deadlines looming, as Ty’s collaborators and friends, we refuse to put him through any additional stress that would in any way impinge on his health and recovery. To the credit of the people at Dr. Seuss Enterprises, they didn’t want to put Ty through that either,” Sales space stated. “So we joined in a motion to end the suit the day before Ty’s surgery, in order to alleviate the less serious pain in his butt.”
Seuss Enterprises and its lawyer Tamar Duvdevani of DLA Piper did not instantly reply to a request for remark.
The ninth U.S. Circuit Court docket of Appeals dominated final yr that the mashup of “Star Trek” parts with Seuss’ “Oh, the Places You’ll Go!” wasn’t coated by the doctrine of truthful use – which may defend works that use copyrighted materials from infringement claims when the use is for parody, commentary or different functions – largely as a result of it did not remodel the unique.
U.S. Circuit Decide Margaret McKeown wrote for a three-judge panel that the mashup “took the heart of Dr. Seuss’ works,” wasn’t a parody as a result of it merely juxtaposed Seuss’ works with “Star Trek” parts and wasn’t in any other case transformative.
The ninth Circuit’s ruling was seen as an necessary precedent to make clear the bounds of truthful use. The U.S. Supreme Court docket declined to overview the choice in June.
The appeals courtroom had reversed U.S. District Decide Janis Sammartino’s 2019 ruling that the mashup made truthful use of Seuss’ work. In August, Sammartino rejected Seuss Enterprises’ bid on remand for a pre-trial ruling that the book infringed its copyrights.
The case is Dr. Seuss Enterprises LP v. ComicMix LLC, U.S. District Court docket for the Southern District of California, No. 3:16-cv-02779.
For Seuss: Tamar Duvdevani of DLA Piper
For ComicMix: Dan Sales space of Dan Sales space Legislation; and T.C. Johnston of Web Legislation
Oh, the place does the Seuss-Star Trek copyright battle go subsequent? To a jury.
‘Oh, the Locations You’ll Boldly Go!’ dispute will not go to SCOTUS, justices say
Dr. Seuss’s property can sue over ‘Star Trek’ ‘mash-up’
Dr. Seuss lawsuit over Star Trek-themed parody is dismissed
Blake Brittain reviews on mental property legislation, together with patents, logos, copyrights and commerce secrets and techniques. Attain him at [email protected]