Kat Benzova sues GNR/Fernando for copyright infringement and sexual harassment

[Blackstar]

1 hour ago, Uncle Bob said:

Could you translate this to me as if I had some severe mental retardation, please?

This is unrelated to Kat's lawsuit. It's a court ruling on another lawsuit GN'R filed two years ago for trademark infringement against a company named "Texas Guns and Roses" that runs a florist store but also sells guns in their store in Texas as well as on their website. Although the company is based in Texas, GN'R filed the lawsuit in a federal court in California, because trademark laws are federal laws (meaning they apply to all states in the U.S.). However, in order for litigation to take place in another state than the one a company is based, there has to be some relation or business activity of that company in that other state. 

The attorneys of the firearms store argued that the store didn't do business or sell guns in California, so the lawsuit should be dismissed on those grounds. GN'R's lawyers claimed that it did, but the only evidence they presented was that it was an online store, so it would sell everywhere and that some of the guns were labeled as manufactured and suitable for California. The court found that this wasn't sufficient evidence and didn't mean anything, as there was no proof that any guns were actually sold to customers from California and there were no advertisements aimed at the California market. And furthermore, that there are actually regulations that don't allow a Texas based store to sell guns in California. So the California court dismissed GN'R's lawsuit on the basis that it had no jurisdiction on it since the company sued by GN'R didn't do business there. And it is pointed out in the ruling that GN'R and their attorneys probably filed the lawsuit in California and not in Texas because it was convenient to them, but their convenience is not of importance to the court.

Edited December 2, 2023 by Blackstar

[jamillos]

"Pathetic" is the word I was looking for. Live and let live, or so they say. Ironically, hardly with guns, I'll admit that. 

[Blackstar]

Small update:

It looks like the two lawsuits (GN'R Gundam entities Vs. Kat and Kat Vs. Fernando/TB/GN'R/Gundam entities) are being joined. The two parties will answer if they agree to it next week.

The GN'R entities and TB have been served. Fernando (who has been sued individually by Kat) hasn't been served yet, so any developments regarding him will be delayed.

The GN'R/Gundam entities are asking the court to dismiss Kat's lawsuit as far as all the actions (accusations/claims) against them except the main copyright related one (for which they have sued Kat). The motion will be discussed in January.

 

[Georgina Arriaga]

@Blackstar that grifter Fernando Is living in Costa Rica about 3 years now. What happen in this case? That he Is not in the country?

[vloors]

10 minutes ago, Georgina Arriaga said:

@Blackstar that grifter Fernando Is living in Costa Rica about 3 years now. What happen in this case? That he Is not in the country?

Extradition order I would assume.

[Blackstar]

7 minutes ago, vloors said:

Extradition order I would assume.

They don't do that in civil cases.

19 minutes ago, Georgina Arriaga said:

@Blackstar that grifter Fernando Is living in Costa Rica about 3 years now. What happen in this case? That he Is not in the country?

That probably is convenient for him. I guess he'll appoint a lawyer at one point who will appear to be served on behalf of him.

[Free Bird]

Doesn't Costa Rica belong in some way to the States?

[Ratam]

7 hours ago, Free Bird said:

Doesn't Costa Rica belong in some way to the States?

No, i guess you're confused with Puerto Rico.

[Free Bird]

1 hour ago, Ratam said:

No, i guess you're confused with Puerto Rico.

Yes, you're absolutely right 

[Stay.Of.Execution]

 

 

[Blackstar]

Some more court documents from this case.

Exhibits attached in Kat's lawsuit (including her written contracts with GN'R):

https://www.docdroid.net/eACsKLi/20231111-kat-benzova-lawsuit-exhibits-pdf

GN'R entities' motion to dismiss most parts of the lawsuit:

https://www.docdroid.net/agUpTr9/20231206-kat-benzova-lawsuit-motion-document-pdf

Their argument regarding the sexual harassment claims is that they are unrelated to the copyright infringement claims and thus the federal court (where the lawsuit has been filed) doesn't have "supplemental jurisdiction", as the sexual harassment claims rely on California state law and not on federal law. The hearing for the motion will be held in January. Although the motion has been filed only on behalf of GN'R/Gundam and not Fernando (who has not been served yet), if it's granted by the court it will most likely mean that the sexual harassment parts will be dismissed for him, too.

[Rindmelon]

48 minutes ago, Blackstar said:

Some more court documents from this case.

Exhibits attached in Kat's lawsuit (including her written contracts with GN'R):

https://www.docdroid.net/eACsKLi/20231111-kat-benzova-lawsuit-exhibits-pdf

GN'R entities' motion to dismiss most parts of the lawsuit:

https://www.docdroid.net/agUpTr9/20231206-kat-benzova-lawsuit-motion-document-pdf

Their argument regarding the sexual harassment claims is that they are unrelated to the copyright infringement claims and thus the federal court (where the lawsuit has been filed) doesn't have "supplemental jurisdiction", as the sexual harassment claims rely on California state law and not on federal law. The hearing for the motion will be held in January. Although the motion has been filed only on behalf of GN'R/Gundam and not Fernando (who has not been served yet), if it's granted by the court it will most likely mean that the sexual harassment parts will be dismissed for him, too.

Good find. I don't have time to read this tonight but the thing that interests me most is her contract with gnr. Given how lax they seem to be, I doubt it's a bespoke contract and is probably reflective of the general contract most people on the edges of the band sign. Shall give this a read in the morning.

[Blackstar]

30 minutes ago, Rindmelon said:

Good find. I don't have time to read this tonight but the thing that interests me most is her contract with gnr. Given how lax they seem to be, I doubt it's a bespoke contract and is probably reflective of the general contract most people on the edges of the band sign. Shall give this a read in the morning.

It's basically her 2021 written contract (it's on the last 2 pages of the pdf) and the proposed amendment for 2022 (on the two previous pages).

Parts of her other contracts were quoted in GN'R's lawsuit against her:

https://www.docdroid.net/ecAH9bW/20231024-lawsuit-gundam-touring-services-us-llc-v-benzova-pdf

Edited December 10, 2023 by Blackstar

[Blackstar]

Update:

Kat's attorney filed an opposition to GN'R/Gundam's motion to dismiss parts of her lawsuit. On the same day, Team Brazil filed their own separate motion to dismiss parts of Kat's lawsuit (GN'R/Gundam and TB are represented by different attorneys from the same law firm - Fernando has yet to be served individually).

However, the two lawsuits (Kat's lawsuit and GN'R/Gundam's lawsuit against her) have now been "consolidated" (joined together) by court order after both parties agreed to it and, as a result, both motions to dismiss have been denied as "moot" and the case is basically starting over with all filings from now on taking place in the GN'R/Gundam Vs. Kat lawsuit (because GN'R/Gundam sued first). So Kat's lawsuit and GN'R/Gundam's/TB's motions to dismiss it will probably be refiled.

The last filings in Kat's lawsuit:

The latest filings in GN'R/Gundam's lawsuit:

Edited December 28, 2023 by Blackstar

[izzyjim]

On 12/2/2023 at 5:34 AM, Blackstar said:

a company named "Texas Guns and Roses" that runs a florist store but also sells guns in their store in Texas as well as on their website.

Seriously? I mean... 

 

Also, what's GN'R Gundam entities?

[Blackstar]

7 hours ago, izzyjim said:

Also, what's GN'R Gundam entities?

It's the main company through which they're doing business currently.

[Sweersa]

I need to check that store out!  (though, my local gun dealer is pretty cool)

[allwaystired]

4 hours ago, Sweersa said:

I need to check that store out!  (though, my local gun dealer is pretty cool)

Very glad I don't have a local gun dealer. 

[Sweersa]

21 minutes ago, allwaystired said:

Very glad I don't have a local gun dealer. 

They are not like most drug dealers, it is a licensed, regulated business that serves both law enforcement and law abiding citizens. 

There's probably several near you that you are unware of, if you are in the US. I can't speak for other parts of the world, but there's black markets everywhere as well, which are of course inherently dangerous. 

[janrichmond]

3 minutes ago, Sweersa said:

They are not like most drug dealers, it is a licensed, regulated business that serves both law enforcement and law abiding citizens. 

There's probably several near you that you are unware of, if you are in the US. I can't speak for other parts of the world, but there's black markets everywhere as well, which are of course inherently dangerous. 

In England we don't have gun shops, not that I've seen anyway. There must be some somewhere because farmers and hunters have shotguns. I don't wanna Google it, I might end up on a list of some kind 

 

[Stay.Of.Execution]

36 minutes ago, allwaystired said:

Very glad I don't have a local gun dealer. 

Cause you don't live in a country where half of the population are psychopaths. 

[Sweersa]

18 minutes ago, Stay.Of.Execution said:

Cause you don't live in a country where half of the population are psychopaths. 

I live in a rural area (not a city) where I'm certain a majority of homes have firearms, and there's constant shooting but target shooting for sports and some hunting. I suppose it's cultural, in the city, it's another situation. (Crime is far more common there)

25 minutes ago, janrichmond said:

In England we don't have gun shops, not that I've seen anyway. There must be some somewhere because farmers and hunters have shotguns. I don't wanna Google it, I might end up on a list of some kind 

Haha I'm probably on whatever list that would be so I can Google it for you.  My gun dealer even says that, as when I purchase exotic things (suppressors, short barreled rifles, machine guns, etc.) my government approval times are shockingly fast. He says I must be being watched because they approve my stuff too fast. Onetime my background check failed because it said I wasn't old enough to buy a gun, it was my 32nd birthday so it must have caused an error. Re-ran the check, and I was old enough lol

[janrichmond]

4 hours ago, Stay.Of.Execution said:

Cause you don't live in a country where half of the population are psychopaths. 

Judgemental much?

[Lio]

There used to be a gun dealer in the center of my city. Until an 18 year old bought a gun there, got out of the store and shot and killed a two year old girl and her nanny and wounded a woman sitting on a bench. 

No more gun shops since then.

[Stay.Of.Execution]

1 minute ago, Lio said:

There used to be a gun dealer in the center of my city. Until an 18 year old bought a gun there, got out of the store and shot and killed a two year old girl and her nanny and wounded a woman sitting on a bench. 

No more gun shops since then.

If only the two year old had a gun too to defend herself....