Posted On: August 8, 2009 by Kenneth L. Christensen

Court Finds Website Content Protected By Copyright and Fines Law Firm for Duplicating Content

The American Bar Association Journal has reported on an interesting litigation case taking place in California between two law firms. Brayton Purcell, a large personal injury law firm located in Northern California with fifty lawyers in employment, has filed a lawsuit against a two-lawyer firm for using its copyrighted website content. The defendant law firm, Recordon & Recordon, is located in San Diego, and tried to get the lawsuit dropped by claiming the Northern District of California was an improper venue for the suit, since the law firm’s practice is limited to Southern California. The 9th U.S. Circuit Court of Appeals, based in San Francisco, disagreed with the defendant, asserting that the venue is proper since Recorden targeted a Northern California law firm.

Stephen Recordon, a partner of the defendant firm, says that his firm hired a vendor to create its website. This vendor stole Brayton Purcell’s content without Recordon’s knowledge. The law firms “agreed to binding arbitration in the suit,” which found the defendant firm one-third responsible for violation of copyright. Recordon & Recordon must pay over $24,000 in statutory damages, as well as an additional $37,000 in court fees and costs

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