Tom Affeldt and Steve Clouser Identify a Violation of Client’s Copyright

Steve Clouser successfully prosecuted and settled a “cybersquatting” action for a local business when its competitor registered the client’s name as the domain name for a website that transferred viewers to the competitor’s site. Federal law allows possible individual liability of control persons and either actual damages or statutory damages from $1,000 to $100,000 depending on circumstances.

When a client sought help for breach of an employment agreement, Tom Affeldt and co-counsel Steve Clouser identified an additional claim for former employer’s violation of the client’s copyright regarding instructional materials the client authored for courses he taught on behalf of employer, on the basis the materials did not qualify as “work for hire” under the employment agreement terms. The matter was successfully settled.

A buyer of goods sued our client regarding a contract made in Texas for the manufacture and delivery of goods in Texas. The client has an office in Oklahoma, so the buyer brought suit here and claimed the benefit of an Oklahoma law allowing the buyer additional time for filing its suit. Steve Clouser defeated buyer’s effort by establishing that the underlying facts demonstrated an exception to Oklahoma law and that the matter was required to be determined under the law of Texas. Judgment for the client has been affirmed on appeal. This result saved the client the necessity of further proceedings and trial of technical issues regarding the design and manufacture of the goods.

Steve Clouser recently obtained unanimous jury verdict holding judgment debtor in contempt of court for 2 counts of failing to obey an order to deliver funds to our client.

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Published May 8, 2020

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