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Intellectual Property
Copyright Infringement

Lived In Images Inc. v. Lamps Plus Inc.

Published: Apr. 1, 2017 | Result Date: Feb. 14, 2017 | Filing Date: Jan. 1, 1900 |

Case number: 8:15-cv-01864-DOC-JCG Bench Decision –  $16,000

Court

USDC Central


Attorneys

Plaintiff

David J. Steele
(Tucker Ellis LLP)

Markus B. Hopkins
(Tucker Ellis LLP)

Steven E. Lauridsen
(Tucker Ellis LLP)


Defendant

Wes Klimczak
(Law Foundation of Silicon Valley)

Curtis Porterfield
(Novak Druce Connolly Bove & Quigg)


Facts

Lived in Images Inc. brought a first amended complaint for copyright infringement against Lamps Plus Inc.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that it owned the copyright to several photographs that it licensed to one of its distributors, who in turn licensed the images to defendant. Defendant was permitted to create derivative works of the licensed images, but was prohibited from modifying the images online above a specified resolution. Defendant unlawfully posted altered images on its website and on Amazon.com at resolutions that did not comply with the applicable End User License Agreement.

DEFENDANT'S CONTENTIONS:
Defendant denied wrongdoing and asserted various affirmative defenses.

Result

The court entered judgment in plaintiff's favor and against defendant, ordering defendant to pay plaintiff $16,000 in damages.


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