Letters to
the editor. • •
~--tl
Stern vs. Omni
On behalf of our clients, Ornni Video
Games, Inc, and Ferncrest
Distributors, Inc., we are writing in
response to an article which
appeared in the February 1981 issue
of Play Meter regarding a lawsuit
pending in the United States District
Court, Eastern District of New York
between Stern Electronics, Inc.,
plaintiff, and Omni Video Games,
Inc. and Ferncrest Distributors, Inc.,
defendants. That article incorrectly
characterized the proceedings
which took place on December 19,
1980. Contrary to the report, the
Court did not "grant" a preliminary
inj uc tion. Rather, the parties
consented to the entry of an order
during the pendency of the lawsuit.
At the time of the commencement of
the lawsuit, Omni Video Games Inc.
had already stopped production of
the Zygon game for reasons
unrelated to an alleged copyright
infringement. No "hearing" was held
nor did the court make any
preliminary findings of fact or
conclusions of law.
With respect to that lawsuit, Ornni
Video Games, Inc. and Ferncrest
Distributors, Inc, have denied Stern
Electronics' allegations relating to an
alleged infringement of the copyright
concerning the Astro Invaders game
and those issues remain to be
determined by the Court.
:Richard W. MacAdams
Providence, Rhode Island
[Ed. note: The writer refers to a
news article in Play Meter News
Update Apri/1 .
Response from George H.
Gerstman, attorney for Stern
follows:
"I represented Stern Electronics,
Inc . at the hearing before Judge
PLAY METER, June 15,1981
Nickerson last December in
connection with the lawsuit filed by
Stern Electronics, Inc. aqainst
Omni, Ferncrest and others. I have
seen the April 7, 1981 letter from
Richard W. MacAdams, the
attorney for Omni and Ferncrest,
and I have determined that Mr.
MacAdams' letter is incorrect and
requires a response.
First, neither Mr. MacAdams nor
anyone from his law firm was
present at the hearing before Judge
Nickerson . Instead, an attorney
from New York City was present at
the hearing on behalf of Omni and
Ferncrest.
Second, the article in the
February, 1981 issue of Play Meter
was entirely correct, in that the
court did grant Stern a preliminary
injunction against Omni and
Ferncrest. After Judge Nickerson
compared Omni and Ferncrest's
Zygon video game against Stern's
copyrighted Astro Invaders game,
Judge Nickerson stated "I will issue
/
a preliminary injunction
Thereafter, Omni and Ferncrest's
attorney indicated that he would
consent to the preliminary
injunction, and of course I did not
object to the consent because it
effectively waived Omni and
Ferncrest's right to appeal.
Third, the playing of the video
tapes on a television set in the
courtroom and the discussions in
open court between the attorneys
and Judge Nickerson clearly
constituted a "hearing" in any sense
of the term.
A preliminary injuction [was]
issued against Omni and Ferncrest.
Judge Nickerson issued the
preliminary injunction against one of
the other defendants, Bay Coin
Distributors, Inc., without the
consent of Bay Coin. Please note
that the injunction order specifically
recites that a hearing was held
before the court of December
19,1980 on Stern's motion for a
preliminary injunction. '1
;~
PEACH STATE DISTRIBUTING CO.
1040 Boulevard, S.E. -Atlanta, Ga. 30312
Telephone 404-622-4401
•
Iff
I
:
TOLL FREE:
1 -800- 241-1346 (except in Ga.)
"
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"The Coin Industries' Largest Distributor of Name
Brand Electronic Part"$" .
I;
/ "//
'//
Audio VIsual Amusements
Offering the finest new
and used equipment.
REPRESENTING LEADING FACTORIES
• SALES, PARTS, SERVICE •
ARCADE PLANNING SPECIAUSTS
CLEAN VIDEOS JUST IN TIME FOR SPRING
ATARI
Sprint 2 .. . ... .. .. ... ... $995
Sprint 1 ................. 775
Subs . .. .. ........... ... . 795
CINEMATRONICS
Tailgunner ...... ..... . . 1295
Rip Off .. .. ...... . . .... 1795
STERN
Astro Invaders .... . . . ... 1795
MIDWAY
Space Invaders . . ..... . . 1345
1809 Olive Street
VECTOBEAM
Speed Freak .. ...... . .... 995
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St. Louis,Missouri63103
(314)421-5100
For further information, call Pete Entringer (collect)
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