Accord intervenu entre les parties (Totalnews)
arrow_back
Document publié
il y a 14 ans
-
Documents en rapport
-
ExtraitLexeek Affaire Washington Post v Totalnews Inc 1997 Affaire Washington Post v Totalnews Inc 1997 Le 23 08 2009 à 12 23 Tilt a souhaité vous envoyer les éléments suivants sur Lexeek THE WASHINGTON POST COMPANY v TOTAL NEWS INC 97 Civ 1190 PKL STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL WHEREAS this action was commenced by the filing of Plaintiffs complaint dated February 20 1997 and WHEREAS the parties wish to resolve this action without further litigation IT IS HEREBY STIPULATED AND AGREED by and through the undersigned counsel that 1 This action is dismissed with prejudice and without costs to any party 2 The term Plaintiff s website as used in this stipulation and order means either a all pages of any website that is operated by a Plaintiff or any of a Plaintiff s subsidiaries successors and assigns hereinafter referred to as Plaintiff or Plaintiffs b any page of any website whether or not such website is operated by a Plaintiff that consists wholly or substantially of a Plaintiff s proprietary content and c any page of any website that includes but does not consist wholly or substantially of a Plaintiff s proprietary content provided that in any action by a Plaintiff to enforce its rights under this subparagraph it shall be an affirmative defense that Defendants conduct does not otherwise infringe or violate Plaintiff s rights under any theory of intellectual property unfair competition or other law 3 Subject to any modification of the terms of this stipulation and order pursuant to paragraph 10 below Defendants agree permanently not to directly or indirectly cause any Plaintiff s website to appear on a user s computer screen with any material e g Universal Resource Locator URL text graphics pop up window audio video or other supplied by or associated with Defendants or any third party such as an advertiser acting in privity with Defendants or under Defendants direct or indirect control in particular Defendants agree permanently to cease the practice of fra