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.
FINITO SERVICES LLC dba SUNSPOT INNS, RESORTS &VACATION RENTALS v. CHARLEE & ASSOCIATES, LTD., ET AL.
WESTERN DISTRICT OF WASHINGTON (SEATTLE)
2:11-CV-00776
FILED: 5/06/2011
Some people think that when they receive a demand letter to remove images for copyright infringement or to stop using a name because of alleged trademark infringement just doing what is requested will solve the problem. This case is a good example of the fact that damages accrue when there is copyright or trademark infringement and often times a demand to stop use of images or a name is followed by a demand for damages. When you get a demand letter communicate with the opposing party, come to an agreement as to how to resolve the matter in its totality, and only then proceed to stop alleged improper use of images or names.
Sunspot is a network of independently owned inns, resorts, and vacation rental management companies. Defendants are alleged to have taken photographs from the Plaintiff’s websites and used them on their own competing rental websites. Defendants have removed the images but have refused to compensate Sunspot for the alleged infringement.
The lawsuit alleges copyright infringement, false designation of origin and unfair competition. The Plaintiff requests preliminary and permanent injunctive relief, an order to destroy all infringing materials in the Defendants’ possession, compensatory damages, treble damages, exemplary damages, and Plaintiff’s litigation expenses including attorneys’ fees and costs. Traverse Internet Law Cross-Reference Number 1493.
No comments:
Post a Comment