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U.S. District Court rules that Roland likely to succeed in lawsuit claiming infringement of copyright and trademarks in sound recordings.


LOS ANGELES--(BUSINESS WIRE)--Jan. 13, 1997--

U.S. District Court enjoins Atmel Corp. and Cirrus Logic (company) Cirrus Logic - A manufacturer of integrated circuits including the Advanced RISC Machine and display interface processors and cards for use as Windows accelerators (requiring dedicated driver software).

http://cirrus.com/.
 

subsidiary from further acts of copyright and trademark

infringement

The U.S. District Court for the Central District of California has issued a preliminary injunction A temporary order made by a court at the request of one party that prevents the other party from pursuing a particular course of conduct until the conclusion of a trial on the merits.

A preliminary injunction is regarded as extraordinary relief.
 against semiconductor manufactuers Atmel Corp. (located in San Jose San Jose, city, United States
San Jose (sănəzā`, săn hōzā`), city (1990 pop. 782,248), seat of Santa Clara co., W central Calif.; founded 1777, inc. 1850.
, Calif.), DREAM S.A. (a France-based subsidiary of Atmel) and Crystal Semiconductor Co. (a Houston-based wholly owned subsidiary Wholly Owned Subsidiary

A subsidiary whose parent company owns 100% of its common stock.

Notes:
In other words, the parent company owns the company outright and there are no minority owners.
 of Cirrus Logic Inc.).

Ruling in a lawsuit brought by Roland Corp. U.S., the U.S. distributor for Roland Corp., one of the world's leading manufacturers of electronic musical instruments, U.S. District Court Judge Dickran Tevrizian Dickran M. Tevrizian, Jr. (born 1940 in Los Angeles, California) was a United States federal judge for the Central District of California. Confirmed in 1985, he is noteworthy for being the first United States federal judge of Armenian ancestry.  ruled on Dec. 30, 1996, that Roland has demonstrated a likelihood of success on its claim that Atmel, DREAM and Crystal had infringed Roland's copyright in the sound recordings of musical instruments and sound effects sound effects
Noun, pl

sounds artificially produced to make a play, esp. a radio play, more realistic

sound effects nplefectos mpl sonoros

 contained in Roland's Sound Canvas line of products, which include musical instruments and computer sound cards.

Tevrizian similarly found a likelihood of success that Roland would prevail in its claim that the defendants have unlawfully utilized the "Roland" and "Sound Canvas" registered trademarks in connection with the sale of their competing products.

The preliminary injunction requires the defendants to immediately cease the manufacture, distribution, sale and advertising of any product containing Roland's copyrighted sound recordings, and to halt any further use of Roland's trademarks.

On Jan. 3, 1997, the U.S. District Court denied the defendants' motion for a stay of the preliminary injunction pending appeal to the U.S. Circuit of Appeals for the Ninth Circuit. On Jan. 9, 1997, the defendants filed a notice of appeal to the U.S. Circuit Court of Appeals for the Ninth Circuit.

Dennis Houlihan, president of Roland Corp. U.S., commented as follows: "The sound recordings contained in Roland's musical instruments and computer sound cards are among the best in the industry and give Roland a competitive advantage in the sale of its merchandise. To Roland's knowledge, no other manufacturer has ever copied Roland's sound recordings for use in competing products.

"We are very pleased with the court's ruling, which reaffirms that the trademark and copyright laws will protect the goodwill associated with Roland's name, as well as the tremendous musicianship and monetary investment of Roland and other manufacturers in the creation of the original sound recordings contained in their musical instruments, computer sound cards and other products."

Roland first became aware of a potential infringement of its sound recordings in December 1995, which was immediately followed by an extensive investigation, including a laboratory waveform The shape of a signal. See wavelength, sine wave and square wave.  analysis, which demonstrateed to the suit by admitting that, in the proceusical instruments were not copyrightable.

. The evidence demonstrates the large amount of time, expense, expertise and labor involved in developing, mixing, recording, producing and composing com·pose  
v. com·posed, com·pos·ing, com·pos·es

v.tr.
1. To make up the constituent parts of; constitute or form:
 the Sound Recordings ... the resultant This article is about the resultant of polynomials. For the result of adding two or more vectors, see Parallelogram rule. For the technique in organ building, see Resultant (organ).

In mathematics, the resultant of two monic polynomials
 Sound Recordings are the copyrighted expression of Roland and they have been admittedly copied by Defendants."

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Copyright 1997, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Publication:Business Wire
Date:Jan 13, 1997
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