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.
SCHERBA INDUSTRIES, INC. v. GOOGLE, INC.
NORTHERN DISTRICT OF OHIO (CLEVELAND)
1:10-CV-02288
FILED: 10/07/2010
If the allegations are true Google made a mistake and is going to be paying a license fee for the use of the image together with attorneys’ fees. Since Google’s alleged use occurred after the registration of the copyright, the law allows the Plaintiff to recover both attorneys’ fees and liquidated damages that could go into six figures. The rule of thumb in these cases is to settle for three times the license fee that would have been charged plus attorneys’ fees expended to date. Remember that all because an image is available on the Internet doesn’t mean that you have the right to use it.
The Plaintiff is a manufacturer and retailer of inflatables for business promotions and displays. Plaintiff alleges that Google copied the copyrighted image of the Plaintiff’s “Gorilla inflatable” and is using it in advertisements for Google AdWords.
Scherba Industries claims copyright infringement and requests injunctive relief, declaratory relief, actual damages, the maximum allowable statutory damages, along with costs and attorneys’ fees. Traverse Internet Law Cross-Reference Number 1450.
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