Traverse Internet Law Federal Court Report: July 2009 Copyright Infringement Lawsuits

Traverse Internet Law Disclaimer

The facts are unproven allegations of the Plaintiff and all commentary is based upon the allegations, the truthfulness and accuracy of which are likely in dispute.


BRAND TECHNOLOGIES, INC. AND BRADFORD MANDELL v. MATRIX PHOTO, INC.
NORTHERN DISTRICT OF OHIO (TOLEDO)
3:09-CV-01691
FILED: 7/21/2009

Nothing good comes from using images which you thought were in the “public domain”. Make absolutely sure that you are properly licensing the images you use on your website and when acquiring images from third parties make sure that you have adequate assurances to cover any liability that might arise if the images have been misappropriated.

This is a lawsuit for a declaratory judgment that the Plaintiff has not infringed on the Defendant’s images. The Plaintiff owns gossip websites and acquired images of music star Stacey Ferguson (aka Fergie) taken in the Bahamas with her then-boyfriend Josh Duhamel and displayed those on its website. The Defendant claims copyright infringement and has demanded monetary compensation.

The lawsuit includes claims for declaratory relief for non-infringement, declaratory relief that the Defendant does not have valid claim for copyright infringement, declaratory relief that the Defendant does not own a valid copyright registration, and declaratory relief for innocent infringement. Plaintiff requests an injunction prohibiting the Defendant from bringing any future lawsuit or threat against the Plaintiff for copyright infringement for Plaintiff’s use of the photos, an award of attorneys’ fees, costs and disbursements, and further relief the Court deems proper. Traverse Internet Law Cross-Reference Number 1345.