Plaintiff William V. Aguiar III, sued documentary filmmaker Floyd Webb, alleging that Webb’s promotional website and film trailer for his upcoming film infringed on copyrights and trademarks that Aguiar claims to own. Webb’s film, “The Search for Count Dante,” chronicles the real-life odyssey of martial arts master John Keehan, a.k.a. Count Juan Raphael Dante — “The Crown Prince of Death.” Aguiar, the asserted heir to Dante’s legacy and intellectual property, succeeded in temporarily shutting down Webb’s promotional website and removing his video trailers from YouTube. Having succeeded in restoring the promotional website and video trailers, we defended Webb against Aguiar’s infringement claim and defeated Aguilar’s motion for a preliminary injunction. The case was dismissed after the parties reached a settlement, allowing Webb’s film to proceed uninhibited by Aguilar’s claims.
Aguiar v. Webb
Julie is a Non-Residential fellow with Stanford CIS. She represents writers, filmmakers, musicians, and others who rely on fair use in creating their works. Julie has represented visual artist Shepard Fairey in copyright litigation against The Associated Press over Fairey’s “Obama Hope” posters, RDR Books in its copyright and Lanham Act dispute with J.K.
Floyd Webb successfully defeated William Aguiar’s motion for a preliminary injunction last Friday at a hearing before Judge Wolf in the Massachusetts District Court in Boston. Reading his opinion from the bench, Judge Wolf held that Plaintiff Aguiar had not shown that he was likely to succeed on his copyright infringement claim, even assuming he could prove ownership of the allegedly infringed works, because Webb has demonstrated a likelihood of success on his fair use defense.
On October 12 we filed Floyd Webb's Opposition to Plaintiff's Motion for Preliminary Injunction. Plaintiff, in his motion, asked the court to enjoin Floyd Webb from using on his website or in his documentary film any copyrighted materials or trademarks the Plaintiff claims to own. The Opposition argues that Aguiar is not entitled to a preliminary injunction because he does not own much of the copyrights and trademarks he claims and because Webb's use of them constitutes both copyright and trademark fair use.
Plaintiff William V. Aguiar III, sued documentary filmmaker Floyd Webb, alleging that Webb's promotional website and film trailer for his upcoming film infringe on copyrights and trademarks that Aguiar claims to own. Webb's film, "The Search for Count Dante," will chronicle the real-life odyssey of martial arts master John Keehan, a.k.a. Count Juan Raphael Dante -- "The Crown Prince of Death."
Floyd Webb's Opposition to Plaintiff's Motion for Preliminary Injunction.