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Home > Eros, LLC v. Simon

Eros, LLC v. Simon [1]

Submitted by DMLP Staff on Mon, 11/12/2007 - 17:09

Summary

Threat Type: 

Lawsuit

Date: 

10/24/2007

Status: 

Concluded

Disposition: 

Material Removed
Settled (total)

Location: 

New York

Verdict or Settlement Amount: 

$525.00

Legal Claims: 

Copyright Infringement
Trademark Infringement
Unfair Competition
Eros, LLC and five other US-based plaintiffs who sell virtual objects in the virtual world known as Second Life filed a lawsuit against Thomas Simon, a New York man who they allege is selling unathorized copies of their objects to... read full description
Parties

Party Receiving Legal Threat: 

Thomas Simon and John Does 1-10

Type of Party: 

Individual
Organization

Type of Party: 

Individual

Location of Party: 

  • Florida
  • Michigan
  • Georgia
  • Virginia
  • Indiana
  • Oregon

Location of Party: 

  • New York

Legal Counsel: 

Stuart M. Boyarsky and Francis X. Taney

Legal Counsel: 

Pro se
Description

Eros, LLC and five other US-based plaintiffs who sell virtual objects in the virtual world known as Second Life [2] filed a lawsuit against Thomas Simon, a New York man who they allege is selling unathorized copies of their objects to other Second Life users.

The objects in question range from virtual clothes to virtual sex toys. The complaint [3] alleges that Simon has, in concert with other as yet unidentified defendants, passed off thousands of unauthorized copies of their objects as genuine products, thereby infringing the plaintiffs' copyrights and engaging in unfair competition, false description of origin, and counterfeiting in breach of the Lanham Act. They also allege that the arrangement in place between the defendants, whereby Simon agreed to create unauthorized copies of the plaintiffs' products and the unidentified defendants agreed to distribute them, amounts to a civil conspiracy.

On December 3, 2007, the parties submitted a proposed judgment by consent with respect to Simon. On January 3, 2008, the judge entered [4] the judgment. The judgment called for Simon to pay $525 to the plaintiffs and enjoined him from further unauthorized copying.

Related Links: 

  • Ars Technica: Ripping off virtual-world sex toys leads to real-world lawsuit [5]
  • The New York Post: Unreality Byte$ [6]
  • Justia: Case Docket [7]
Details

Web Site(s) Involved: 

Second Life [2]

Content Type: 

  • Virtual

Publication Medium: 

Virtual World

Subject Area: 

  • Copyright
  • Trademark
Court Information & Documents

Jurisdiction: 

  • New York

Source of Law: 

  • United States

Court Name: 

United States District Court for the Eastern District of New York

Court Type: 

Federal

Case Number: 

1:07-cv-04447-SLT-JMA

Relevant Documents: 

PDF icon 2007-10-24-Eros Complaint.pdf [8]
PDF icon 2008-01-03-Judgment by Consent as to Simon.pdf [9]
CMLP Information (Private)

CMLP Notes: 

Status updated on 6/3/2008 (AAB)

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Source URL (modified on 08/20/2014 - 11:04pm): https://www.dmlp.org/threats/eros-llc-v-simon

Links
[1] https://www.dmlp.org/threats/eros-llc-v-simon
[2] http://www.secondlife.com
[3] https://www.dmlp.org/sites/citmedialaw.org/files/2007-10-24-Eros%20Complaint.pdf
[4] https://www.dmlp.org/sites/citmedialaw.org/files/2008-01-03-Judgment%20by%20Consent%20as%20to%20Simon.pdf
[5] http://arstechnica.com/news.ars/post/20071030-pipping-off-virtual-world-sex-toys-leads-to-real-world-lawsuit.html
[6] http://www.nypost.com/seven/10282007/news/regionalnews/unreality_byte.htm
[7] http://dockets.justia.com/docket/court-nyedce/case_no-1:2007cv04447/case_id-274521/
[8] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-10-24-Eros%20Complaint.pdf
[9] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-01-03-Judgment%20by%20Consent%20as%20to%20Simon.pdf