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Harmony Gold USA v. Hasbro Case Dismissed

posted on 2013-10-17 14:00 EDT
Both parties agreed to drop the case last month

Harmony Gold U.S.A. Inc.'s lawsuit against Hasbro, Inc. for copyright infringement was dismissed on September 23. The Stipulation for Dismissal of Action is representative of both parties agreeing to dismiss the lawsuit, which is opposed to a judge or court order dismissing the case due to lack of evidence.

The documents also state the lawsuit is dismissed with prejudice, which prevents Harmony Gold U.S.A. from refiling a lawsuit for the same claim against Hasbro. Both parties will pay their own attorneys' fees and costs.

Court records do not give any details as to why both parties decided to dismiss the case, nor do they detail of any out-of-court settlement that the companies may have reached.

History

Harmony Gold U.S.A. Inc. filed a lawsuit against Hasbro, Inc. for copyright infringement in July in the United States District Court in the Central District of California — Western Division alleging the company violated its copyright on the Macross, Mospeada, and The Southern Cross television anime series, including rights to prepare derivative works such as toys and other merchandise. In particular, the company referred to the "G.I. Joe and the Transformers ... The Epic Conclusion" boxed toy that Hasbro sold at San Diego Comic Con 2013.

Harmony Gold had alleged that it sustained "substantial pecuniary damage" due to the sale and distribution of the toy set. The company had asked the court for the following: for Hasbro to stop selling, marketing, and distributing "unauthorized toys or other projects" based on Harmony Gold's copyrighted works; for Hasbro to deliver all toys or other products in its possession that violate the copyright; for Hasbro to be required to recall the toys from "any person or entity known to [it] who purchased or received" copies of the infringing products; for Hasbro to be "required to account for all gains, profits and advantages derived from its acts of infringement;" and for Hasbro to pay Harmony Gold the damages suffered from the infringements, any profits attributed to the sale or distribution of the products, exemplary damages, prejudgement interest, lawsuit costs, attorneys' fees, and any other relief the court deems appropriate.

Hasbro briefly sold the set on its website this week, but the set is now listed as out of stock.

[Via General Joe's, TFW2005, Seibertron]


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