Stephen S. Wu-- SL: Legal Writer,, (408) 573-5737, 50 W. San Fernando St., Ste. 750, San Jose, CA 95113

Minsky Case Settles

On January 22, 2009, U.S. District Judge Lawrence E. Kahn signed an order dismissing Richard Minsky’s case involving alleged trademark infringement in Second Life. According to the Albany federal district judge’s order, Magistrate Judge David R. Homer reported to the Court that the parties had settled their case. Accordingly, Judge Kahn dismissed the case. The dismissal brings to an end the suit involving alleged infringement of Mr. Minsky’s SLART federally registered trademark.
If the settlement is properly consummated by the parties, the dismissal becomes “with prejudice,” which means that Mr. Minsky would not be able to refile his case. If a party fails to perform the settlement, the other party can move to reopen the case within forty-five days of the date of the order. The judge would, in fact, reopen the case upon a showing that the settlement was not performed.

The settlement follows a settlement conference with the parties before Magistrate Judge Homer. The docket reports:

“Minute Entry for proceedings held before Magistrate Judge David R. Homer. A Settlement Conference was held on 1/21/2009 with Richard Minsky, plaintiff pro se, and Andy Rose, Janet Cullum and Marty Roberts for defendants. A settlement was reached and the parties will prepare a settlement agreement. The court will enter a judgment dismissing the action by reason of settlement (45-day order).”

The settlement followed a recent filing in which Linden Research opposed Mr. Minsky’s appeal of Magistrate Judge Homer’s denial of his motion to enforce the temporary restraining order. The Magistrate Judge also signed the stipulated confidentiality order agreed to by the parties for the confidential treatment of materials exchanged in discovery.

The recent filings and dismissal appear on the Minsky v. Linden Research documents page.