Law of Cards: Miller Cards Is a No-Show in Beckett Lawsuit

Law of Cards: Miller Cards Is a No-Show in Beckett Lawsuit

Five months ago, Beckett initiated two copyright infringement lawsuit against Custom Plush (d/b/a the Card Collector) and Derek Miller/Miller Cards. While the Card Collector case is moving forward, the Miller Cards case is about to end, mainly because the defendant never showed up.

Legal translation: A lawsuit is initiated when a plaintiff files a complaint and serves it on the defendant. It only really starts after the defendant files an answer. Here, Miller Cards was allegedly served with the complaint, but never filed an answer.

Judges like to keep their dockets moving, and because this case has languished for months, the court issued an order last week stating:

"According to the court's records, defendant has been in default for a period in excess of 90 days. Pursuant to N.D. Tex. Civ. R. 55.1, the court orders plaintiff to move for entry of a default and a default judgment, and otherwise to comply with Rule 55.3, no later than the compliance date. Otherwise, the court will dismiss this action, without prejudice."

Legal translation: This case has been sitting here too long. Beckett, if you jump through the right hoops, I'll rule that you win.

So, unless Miller Cards shows up and disrupts the default process (which actually is fairly easy to do), this case is likely over. And then Beckett can concentrate on its Custom Plush case (which is also likely almost over) and the COMC case (which is likely nowhere near almost over and should entertain us well into 2015).

The information provided in Paul Lesko's "Law of Cards" column is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered in the sports industry. This information is not intended to create any legal relationship between Paul Lesko, Simmons Hanly Conroy or any attorney and the user. Neither the transmission nor receipt of these website materials will create an attorney-client relationship between the author and the readers.

The views expressed in the "Law of Cards" column are solely those of the author and are not affiliated with Simmons Hanly Conroy. You should not act or rely on any information in the "Law of Cards" column without seeking the advice of an attorney. The determination of whether you need legal services and your choice of a lawyer are very important matters that should not be based on websites or advertisements.

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Paul Lesko has litigated complex and intellectual property actions for over 18 years. Don’t hold the fact that Paul is a lawyer against him, he’s also a rabid baseball and college basketball fan, and an avid card collector. He’s also the author of the novel Gastric Bypass, available for purchase at Amazon. Paul can be found on Twitter @Paul_Lesko and Google+.


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