December 16, 2002 - A Boulder fang-maker who sued his former business partners for launching a rival vampire costume venture has been awarded triple damages and interest totaling more than $2.4 million. In a 20-page ruling, a federal judge in Denver said additional damages were appropriate in part because the defendants had provided "incomplete or false testimony" in a case that proved intentional violations of patent laws.

U.S. District Court Judge Lewis Babcock's judgment against Ram Southwest of New Mexico comes a year after a jury's initial patent damage award of about $300,000 to the plaintiffs, Donald Nutting and his fang-manufacturing company, Foothills Distributing Co.

Apart from the jury award, Babcock ruled Nutting should be awarded three times the $380,000 in lost profits caused by the defendants' illegal vampire knockoff product.

"It was a bitter, hard-fought case and it went for seven days at trial," said Nutting's attorney, Brian Smith. "We obviously think the judge and the jury made the right decision."

Mary and Ron Sheppeard, Ram's owners, could not be reached for comment.

In his ruling Friday, Babcock cited provisions in the federal Landham Act that provide for triple damages in cases where there has been willful patent infringement and unfair profiteering. He said the evidence showed the Sheppeards, former distributors for Foothills Distributing, had wrongfully repackaged or copied the Boulder company's Custom Dracula Fangs since 1995, a year after Nutting applied for his plastic fangs patent.

The judge also determined Nutting was entitled to reimbursement of reasonable legal costs, admonishing the Sheppeards' attorneys for "unprofessional behavior" at trial and during the three years of litigation.

Attorneys at Peacock, Myers & Adams, the Albuquerque law firm that represented the Sheppeards, did not return phone calls.

Smith said that with attorney fees, the award is likely to top $3 million. Although the Sheppeards say they are out of business, Smith said the couple appears to be covered by a general corporate liability insurance policy.

Foothills Distributing claims to be the nation's leading plastic fang makers. Its trademark Dracula Fangs, which come in small coffin-shaped boxes, retail for $14 and up.

A second patent infringement lawsuit the company filed against a California rival last year is still pending in Babcock's court. "Basically, it's the same stuff with some subtle differences," Smith said.

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Posted by Vladimir Sun, 03/25/2007 - 20:45

Now that's...

Submitted by DEATH on Fri, 03/07/2008 - 14:03.

...really taking a bite out of crime

Once you've had DEATH you never go back

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Chapter 17

The next day Ernest wrote a letter of more or less superficial tenderness to Ethel. She had wounded his pride by proving victorious in the end over his passion and hers; besides, he was in the throes of work. When after the third day no answer came, he was inclined to feel aggrieved.

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Vampire killing kits from the late nineteenth century

April 11, 2007 (wired news) -- Auction hounds are snapping up "vampire killing kits" and "vampire hunting kits" manufactured by a nineteenth century quack named Ernst Blomberg. The kits, which have been found in Australia and sold by at least two auction houses (including Southebys, reportedly for $12,000), include silver bullets, a wooden stake, holy water, and other important vampire-destroying items.

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Dance of Death

When darkness falls
The beasts of prey
Call you from your shallow slumber
The Ancient voice
Echoes in your mind
And brings you sweet insanity

You feel the thirst
It's everything
Taking over body and soul

It's too late now
You can't resist
Begin your deadly dance

Now darkness falls
And the beasts of prey
Call you from your shallow slumber

Death and carnage
Sustain your being
And drown you in insanity

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The Dead May Bring Us Death: Vampires in Eastern Europe

In modern society, vampires are relegated to an icon at Halloween, or at most, a symbol of an alternate lifestyle, which is seen as anything from a fad to a cult religion. However, during the Middle Ages, vampires were seen as a very real threat to mankind.

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Eternity

My head tells me I've found a teacher.
My heart tells me I've found a friend.
My body tells me I've found a lover.
Why, then, should I fear your immortal kiss?

Is it because students graduate.
Or because friends grow apart.
Or because lovers cease to love.
And we have eternity to feel the pain?

Casandra
January 3, 2001

read more...