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Image Search Technology Pivotal in Dismissal of Trade Dress & Copyright Infringement Claims

Using image search technology and the services of an internet expert, Greenberg & Bass associate John R. Yates was successful in having a federal district court action for trade dress infringement, unfair competition, and eight separate copyright infringement claims dismissed by the plaintiff.  As a result of the internet expert’s ability to date when images were posted online, Mr. Yates amassed evidence demonstrating that most of the plaintiff’s copyrighted works were actually either slightly modified copies of previously existing works, or arrangements made by the plaintiff from design elements copied from other sources.  The plaintiff agreed to voluntary dismissal three weeks after receiving proposed Rule 11 Motion for Sanctions that would have been filed if the plaintiff had refused to dismiss the claims.