YOU AND THE LAW
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Sanctions Imposed for Falsifying Evidence
If You're Going To Sue, Make Certain You've Got The Facts Right
I have had an untold number of clients say, in total frustration, that the other side's version of the events in a dispute twists the facts, or is an outright falsehead. In addition, issues can arise over whether documents are genuine, or have had words or clauses added after the fact.
My advice is usually that, if the case goes to a trial, such conduct will be exposed and penalties imposed.
That is exactly what occurred in a recent decision by Judge Schwartz, in the United States District Court for the Southern District of New York, involving the Harry Potter series of books.
As you probably know, British author J.K. Rowling is the author of the best-selling Potter books, and Scholastic, Inc. is her U.S. publisher. Author Nancy Stouffer, claimed that Rowling infringed several copyrights and Trademarks that first appeared in her (Stouffer's) unsuccessful children's stories. Scholastic, Rowling and Time Warner Entertainment Company, L.P., which owns certain film rights to the Potter series, brought an action for a declaratory judgment that Stouffer's claim was not valid. Stouffer counterclaimed for copyright and trademark infringement, and other violations. After extensive discovery, the Court found no merit in any of Stouffer's claims and declared that the series did not violate any of her rights.
The Court also found that Stouffer had submitted to the Court at least seven pieces of falsified evidence, including altered documents, drawings, and advertisements, forged invoices, and an altered draft agreement. As punishment for what was characterized as a fraud upon the Court proved by clear and convincing evidence, the Court imposed upon the defendant a monetary sanction of $50,000, as well as awarding to the plaintiffs attorneys fees and costs related to the defense of the trademark claims.
Sometimes it is expensive to be untruthful.
Attorney Joel L. Hecker lectures and writes extensively on issues of concern to the photography industry. His office is located at Russo & Burke, 600 Third Ave, New York NY 10016. Phone: 1 212 557-9600. E-mail: Heckeresq@aol.com.
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