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CBS/Paramount sues to stop Axanar

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That would be the infamous Ramirez Espresso Blend. My guess is that Tony Todd — no fan of Axanar — put up a fuss about his image being used in such a blatantly commercial fashion.
I hate to disagree with @carlosp, but I don't see how offering loyal Axanar fans the opportunity to show their love for Tony Todd by acquiring a quality coffee product baring his likeness is in any way "commercial." Sure, fans may choose to contribute money in exchange for this coffee, but that doesn't make it a commercial transaction. Only someone who is not a true believer in Axanar would even imply such a thing. :p
 
Saw this on the Facebook group...........haven't been able to find the doc it came from though|
(evidently oral arguments are canceled?)

"SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiffs CBS Studios Inc. and Paramount Pictures Corporation’s Motion for Partial Summary Judgment [72, 85] and Defendants Axanar Productions, Inc. and Alec Peters’ Motion for Summary Judgment [75], calendared for hearing on December 19, 2016, have been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. IT IS SO ORDERED."
It's a text-only scheduling notice, from PACER:
https://ecf.cacd.uscourts.gov/cgi-bin/HistDocQry.pl?733260962882185-L_1_0-1

Is it bad that I want the decision to come out right before the holidays? As in the 23rd of December?
 
I think appeal is guaranteed if only to give time to get the studio earning money. Would any judgment or jury have the ability to force liquidation of the studio before appeal?
 
Is it bad that I want the decision to come out right before the holidays? As in the 23rd of December?
Random anecdote that has nothing to do with this case, but it's my favorite story ever about a judge ruling on a motion:

One day a lawyer needed to file a motion for an emergency stay with the Supreme Court. The justice assigned to the circuit was William O. Douglas, who was a noted outdoor enthusiast. The justice's secretary told the lawyer that he was camping and wouldn't be back until Monday. The lawyer, undeterred, asked for the location of the campsite.

A few hours later, the lawyer finds Justice Douglas sitting around a campfire. The justice, annoyed but professional, invites the lawyer to argue his motion right there and then. After the lawyer is finished, Justice Douglas tells him to come back the next morning and he'll have his decision.

The next morning the lawyer returns to an abandoned campsite. All he finds is a note pinned to a tree: "MOTION DENIED."
 
I think appeal is guaranteed if only to give time to get the studio earning money. Would any judgment or jury have the ability to force liquidation of the studio before appeal?
I don't think so. If the defense loses, it's a while before they would have to pay up as damages would have to be proven even if the plaintiffs' partial summary judgment motion succeeds beyond CBS and Paramount's wildest dreams.

BTW, if anyone donates after summary judgment is granted for plaintiffs (if that happens), their $$ isn't going anywhere except to the case, either to fund an appeal or to pay a judgment. Neither of those things is a fan film.
 
Saw this on the Facebook group...........haven't been able to find the doc it came from
It's a text-only scheduling notice, from PACER:
https://ecf.cacd.uscourts.gov/cgi-bin/HistDocQry.pl?733260962882185-L_1_0-1
Thanks

Now about this:
"SCHEDULING NOTICE TO ALL PARTIES AND ORDER by Judge R. Gary Klausner. Plaintiffs CBS Studios Inc. and Paramount Pictures Corporation’s Motion for Partial Summary Judgment [72, 85] and Defendants Axanar Productions, Inc. and Alec Peters’ Motion for Summary Judgment [75], calendared for hearing on December 19, 2016, have been taken under submission and off the motion calendar. No appearances by counsel are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. IT IS SO ORDERED."
Questions about the spoken of 'properly submitted pleadings.'

Pleadings? What are pleadings? Is this something different from the 'summaries' that are already in?

If it is different is the Judge now calling for Plaintiffs & defense attorneys to write one up .... for .... 'something'?

If pleadings are just another expression for summaries is the Judge merely telling the parties he's relying on the summaries to give him all the info he needs to make a Call, and he'll get back with them soon?

What is he getting ready to decide anyway? In favor of one side or the others request for partial/full summary judgment?
 
I think appeal is guaranteed if only to give time to get the studio earning money.

From what I understand, they are broke and the studio isn't up to par for filming. So, Peters is going to have to find a new group of suckers if he's going to keep going.
 
Thanks

Now about this:

Questions about the spoken of 'properly submitted pleadings.'

Pleadings? What are pleadings? Is this something different from the 'summaries' that are already in?

If it is different is the Judge now calling for Plaintiffs & defense attorneys to write one up .... for .... 'something'?

If pleadings are just another expression for summaries is the Judge merely telling the parties he's relying on the summaries to give him all the info he needs to make a Call, and he'll get back with them soon?

What is he getting ready to decide anyway? In favor of one side or the others request for partial/full summary judgment?
Pleadings is just another word for "briefs filed with the court."
 
I hate to disagree with @carlosp, but I don't see how offering loyal Axanar fans the opportunity to show their love for Tony Todd by acquiring a quality coffee product baring his likeness is in any way "commercial." Sure, fans may choose to contribute money in exchange for this coffee, but that doesn't make it a commercial transaction. Only someone who is not a true believer in Axanar would even imply such a thing. :p

Alec on the witness stand:

lknmh.jpg
 
So many "ifs" floating around at the moment but I'm quite certain that, whatever happens, this won't be the last we hear of Alec Peters. "If" it is judged that he can no long participate in any Star Trek related activities there are plenty of other Sc-Fi TV franchises he could use to propagate his money making schemes. Obviously, there's a great deal of cross pollination with the fanbases but I'd imagine there will still be some people out there who will fall for his racketeering.
 
How does the case schedule leading up to trial shape up now that Judge Klausner canceled the summary judgment hearing? Here's AxaMonitor's timeline of significant dates between now and the trial. The PDF version (400KB) is suitable for framing ;)
Case-Timeline-2.png
THank you!

Last blog post (I think) before the 12/16 motions which will undoubtedly roll in:

Defense Application for Leave to File Document Under Seal
http://www.semanticshenanigans.com/defense-application-file-document-seal/

It's beginning to look a lot like an Axa-Christmas.
 
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