Lawsuit: Dismissed The Redmont Inquirer v. 99pizza99pizza99 [2021] FCR 37

[Nacho]

IN THE COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION


The Redmont Inquirer (Nacholebraa representing)
Plaintiff

v.

99pizza99pizza99
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:


I. PARTIES
1. The Redmont Inquirer
2. 99pizza99pizza99 ("Bread" on discord)

II. FACTS
1. 99pizza99pizza99 has stolen the brand name of "The Hamilton Times" and used the trademark to benefit themself.
2. 99pizza99pizza99 has stolen copyrighted media from "The Hamilton Times" in regards to the traditional "HT" logo in #News
3. 99pizza99pizza99 used sources while employed at now referred to "The Redmont Inquirer" to obtain the traditional Hamilton Times logo.
4. 99pizza99pizza99 has also used the current non-profit identity to better himself financially by using the 5k a month payment from the government under the falsified application.
5. 99pizza99pizza99 has tarnished the name "The Hamilton Times" by posting poor quality articles where public opinion of the name has dropped since the posting of these articles.
6. The original company is known as "The Hamilton Times" was registered under this company ID:THT144 | The falsified "The Hamilton Times" has been registered under this company ID: THT990
...

III. CLAIMS FOR RELIEF
1. The Redmont Inquirer finds the defendant in violation of the Intellectual Property Protection Act. Which was signed into law Nov 6, 2020.
2. The defendant has been approved by the DEC for the 5k payment for being a non-profit and has a registered company ID through the DEC.
3. The brand "The Hamilton Times" was bought and paid for 12,500, and this falsified company has devalued the value of this brand due to the poor quality of the content as seen by the reaction of the members of the public.
...

IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. Deregistration of company ID THT990
2. Collection of any payments given to THT990 (from what has been found 5k)
3. Removal of all "The Hamilton Times" references in #news posted under this illegally acquired name.
4. Awardance of the devaluation of the brand name "The Hamilton Times" be paid to The Redmont Inquirer. Court determined price based on the amount by which it feels the value of the company has dropped.
...

Spoiler: Evidence | Logo theft

Spoiler: Evidence | Copyright infringement

Spoiler: Evidence | Devaluation

Spoiler: Witness List

- Hugebob
- Intercepticon

Spoiler: Proof of legal representation

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 11th day of April 2021

 

[Element]

IN THE COURT OF THE COMMONWEALTH OF REDMONT
SUMMONS

The defendant is required to appear before the court in the case of The Redmont Inquirer v 99pizza99pizza99. Failure to appear within 48 hours of this summons will result in a default judgment in favor of the plaintiff.​

 

[bubbarc]

Your honor I have been chosen to represent the defendant in this case

IN THE COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO DISMISS

The Redmont Inquirer
Plaintiff

v.

99pizza99pizza99
Defendant

Case no: 04-2021-11

MOTION TO DISMISS
Defendant move that the complaint in this case be dismissed, and in support thereof, respectfully alleges:
1. The Defendant did not send a cease and desist letter as legally mandated by the intellectual properties protection act
2. The law specifically states that copyright may be breached for news reporting, which the logo and the name has been used for, under fair use with the implications from lower statements being non-commercially
3. The Defendant denies that the funds have been been used for personal gain, instead being used as follows
- $3000 in a bank account in order to secure the company financially
- $1100 in the corporate plugin account
- $1000 to a graphic designer which he had hired

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This fourteenth day of April 2021

 

[bubbarc]

your honor I would like to clarify point two actually as it isn't exactly what I meant by the statement

 

[Element]

Go ahead.

 

[bubbarc]

2. The defendant claims fair use, for it was used in a non-profit way in an innocent attempt to revive a re-branded news organization which he loved, he has made zero profit as outlined in point three and there was no cease and desist as stated in point one, this lawsuit has been done out of the blue against somebody who was just trying to save something he loved

 

[Element]

Could the plaintiff please clarify as to whether or not a Cease & Desist letter was sent to the Defendant before the filing of this case? (@Nacho)

 

[Nacho]

Your Honor,

We did not send a cease and desist letter before filing this case with the courts. We are under the impression stated within the law, no mention of requirements of this filing of a cease and desist is required. However, the defendant has been overly aware of the fact the rights of the name were not of his own.

 

[bubbarc]

your honor objection

 

[Element]

Please state your objection.

 

[bubbarc]

the law specifically requires a cease and desist to be filed before any legal action may be taken, I doubt my client was even aware of the copyright laws at the time, furthermore section four of the Intellectual Property Protections act clearly states that "A Cease and Desist letter must be sent to the alleged perpetrator prior to legal action, with reasonable time for reply. " (https://democracycraft.net/threads/intellectual-property-protections-act.1821/ a link for the court to use)

 

[Nacho]

Your Honor,

We would like to withdraw our case, in the light of a misread of the act of congress.

 

[Element]

Verdict

Case No. 04-2021-11-02 (The Redmont Inquirer v. 99pizza99pizza99) is hereby dismissed without prejudice.

​