In a recently filed response to the motion to dismiss in the Federal Court, Raanan Katz argued that his face has commercial and search optimization value. No Kidding!
Hopefully, this time the Court will take Raanan Katz frivolous litigation practice very seriously with the highest level of punishment.
Below are Raanan Katz arguments:
“While Blogger argues that her use of the subject photograph is noncommercial (see Second Motion to Dismiss, at 13-14), under the Harper & Row definition, her own exhibits belie this position. Indeed, in at least one instance, Blogger is clearly exploiting the subject photograph with no compensation to KATZ to promote her own personal venture. Specifically, on a blog entitled "Why RK Centers Was the Wrong Choice" (Second Motion to Dismiss, Exhibit A, at 88) (D.E. 14-1), right above the unauthorized reproduction of the subject photograph, Blogger states: "I am in the process of writing a book "Why RK Centers Was the Wrong Choice."
On this record, the Court can only assume that Blogger does, in fact, stand to profit in some way from the use of KATZ's photograph to promote her book. Otherwise, why would she use it?..."
"… Additionally, by reproducing the photograph for its apparent entertainment value and using it to draw in visitors and increase the notoriety of her websites, as well as increase her Google (and other search engine) page rank.”
Raanan Katz represented by Michael B. Chesal, Florida Bar No. 775398, Email: mchesal@pch-iplaw.com, Josh E. Saltz, Florida Bar No. 70521 Email: jsaltz@pch-iplaw.com of PERETZ CHESAL & HERRMAN, 201 South Biscayne Blvd., Suite 1750 Miami, Florida 33131, Telephone: 305-341-3000 Facsimile: 305-371-6807
Hopefully, this time the Court will take Raanan Katz frivolous litigation practice very seriously with the highest level of punishment.
Below are Raanan Katz arguments:
“While Blogger argues that her use of the subject photograph is noncommercial (see Second Motion to Dismiss, at 13-14), under the Harper & Row definition, her own exhibits belie this position. Indeed, in at least one instance, Blogger is clearly exploiting the subject photograph with no compensation to KATZ to promote her own personal venture. Specifically, on a blog entitled "Why RK Centers Was the Wrong Choice" (Second Motion to Dismiss, Exhibit A, at 88) (D.E. 14-1), right above the unauthorized reproduction of the subject photograph, Blogger states: "I am in the process of writing a book "Why RK Centers Was the Wrong Choice."
On this record, the Court can only assume that Blogger does, in fact, stand to profit in some way from the use of KATZ's photograph to promote her book. Otherwise, why would she use it?..."
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| RAANAN KATZ, RK CENTERS & MIAMI HEAT OWNER |
"… Additionally, by reproducing the photograph for its apparent entertainment value and using it to draw in visitors and increase the notoriety of her websites, as well as increase her Google (and other search engine) page rank.”
Raanan Katz represented by Michael B. Chesal, Florida Bar No. 775398, Email: mchesal@pch-iplaw.com, Josh E. Saltz, Florida Bar No. 70521 Email: jsaltz@pch-iplaw.com of PERETZ CHESAL & HERRMAN, 201 South Biscayne Blvd., Suite 1750 Miami, Florida 33131, Telephone: 305-341-3000 Facsimile: 305-371-6807