Categories
Copyright

How To Properly Deal With A PicRights Copyright Unlicensed Image Letter

Have you received a demand letter from PicRights claiming that you have used an unlicensed image from a company such as Reuters News & Media Inc.? If so, then you are among many who have received such a letter. We have had many clients send us these letters from PicRights for review, with PicRights making […]

Categories
Copyright

What To Do If You’re Sued By Strike 3 Holdings For Copyright Infringement

Have you been sued by or been threatened with being sued by Strike 3 Holdings, LLC? If so, then you are not alone. Strike 3 Holdings, LLC, which has gained a reputation as being a “copyright troll” due to the number of copyright infringement disputes it is involved in, is an adult film producer for […]

Categories
Copyright Trademarks

Must Show Massive Distribution For Statutory Damages Of More Than $1 Million In Copyright And Trademark Cases

The Copyright Act allows the owner of an infringed copyright to recover statutory damages, when there is an innocent infringement, in a sum of between $750 and $30,000. When the infringement is willful, the statutory damages can reach as high as $150,000 per infringement. The Lanham Act allows the owner of an infringed trademark registration […]

Categories
Copyright

What To Do If You Receive A Higbee & Associates Copyright Demand Letter

Have you received a demand letter from the Law Firm of Higbee & Associates? If so, then you are not alone. We have been forwarded numerous emails and other written correspondence from the Law Firm of Higbee & Associates, demanding a large sum of money in exchange for a release of claims related to allegations of […]

Categories
Copyright

Groundless Copyright Claims Will Result In Attorney’s Fees, But There Are Limitations

We have recently gone over the test for attorney’s fees in copyright infringement cases. As a refresher, under 17 U.S. Code § 505 the prevailing party in a copyright infringement case may be entitled to an award of its reasonable attorney’s fees, and the court will look at relevant factors such as: (1) whether the claim was frivolous; (2) the party’s motivation; […]

Categories
Copyright

Godfather Of Skateboard Art Sues Tony Hawk And Jack Black For Copyright Infringement

Jack Black and Tony Hawk are among the defendants in a new copyright infringement, unjust enrichment, and unfair competition lawsuit initiated by a California man named Wesley Humpston. The Complaint, filed in the U.S. District Court for the Central District of California is based on Humpston, who has apparently earned the reputation as “The Godfather […]

Categories
Copyright

The Test For Attorney’s Fees In Copyright Infringement Cases

Under 17 U.S. Code § 505 the prevailing party in a copyright infringement case may be entitled to an award of its reasonable attorney’s fees. It is not an absolute right but, instead, the court must make a case-by-case assessment and look at various relevant factors such as: (1) whether the claim was frivolous; (2) the party’s motivation; (3) […]

Categories
Copyright

Court Grants Plaintiff Summary Judgment In Social Media Copyright Infringement Case

A new ruling from the U.S. District Court for the Southern District of New York addresses a hot topic of copyright infringement surrounding the posting of copyrighted material on social media. U.S. District Judge Mary Kay Vyskocil ruled in favor of plaintiff photographer Mark Iantosca on his motion for summary judgment against Elie Tahari, Ltd. […]

Categories
Copyright

Court Says Plaintiff Needs More Than IP Address To Prevail In Copyright Infringement Case

Earning a judgment against an individual allegedly infringing on one’s copyright is not as simple as obtaining information attaching an IP address to the supposed infringer and connecting the dots for the judge. The court denied a plaintiff’s motion for default judgment in a case pending before the U.S. District Court for the Northern District […]

Categories
Copyright Trademarks

Hello I Am Elliot: The Startup’s IP Nightmare

On July 2, in New York’s Southern District, global e-commerce startup (“Hello I Am Elliot”) brought an action into Court for trademark and copyright infringement against Derek J. Sine and Vander Group, another e-commerce company. Sine was Vice President of Vander Group, and together the parties were business affiliates of Hello I Am Elliot, licensed […]