Sega v. Sabella
From Sega Retro
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| Sega Enterprises, Ltd. v. Sabella |
|---|
| Court: United States District Court for the Northern District of California |
| Argued: 1995 |
| Decided: 1995-12-18[1] |
| Citation(s): C93-04260 CW (N.D. Cal 1996)[1] |
| Judge(s) sitting: Claudia Ann Wilken[1] |
| Case opinions: Claudia Ann Wilken (majority) |
| Holding |
| Sabella's operation of THE SEWER LINE BBS, her solicitation of uploaded Sega video games, and her sale of cartridge copiers infringed upon the trademarks of Sega Enterprises. The Court granted Sega's request for a permanent injunction, prohibiting further copying of Sega games by way of THE SEWER LINE electronic bulletin board, or any other bulletin board run by Sabella. |
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Sega Enterprises, Ltd. v. Sabella, C93-04260 CW (N.D. Cal 1996)[2], is a 1995 case in which Sega Enterprises sued Sharon Sabella, an operator of a online BBS known for sharing pirated Mega Drive games.[1]
History
Sharon Sabella operated an electronics shop named Sharon's Data Systems, which both sold illegal game cartridge copiers and hosted an online bulletin board system titled THE SEWER LINE. Multiple ROMs of Sega video games (particularly Mega Drive games like Sonic the Hedgehog Spinball) were commonly uploaded to the BBS, with Sabella soliciting users for uploads. In 1995[1], Sega Enterprises sued Sabella for copyright and trademark infringement under both federal and state law. Sabella submitted testimony that she did not know that users were uploading or downloading games that were copyrighted by Sega or that had the Sega trademark.[3]
Sega moved for summary judgment as to the trademark infringement and for false designation of origin under federal trademark law.[3]
Results
The Court denied summary judgment regarding Sabella's liability for federal trademark infringement, federal unfair competition and false designation of origin, and California unfair competition. The Court granted Sega's request for a permanent injunction, prohibiting further copying of Sega games by way of THE SEWER LINE electronic bulletin board, or any other bulletin board run by Sabella.[1]