Facts

In December 2006, plaintiff Pat Kelley, an artist, discovered defendant Crate & Barrel was using her art images in its products without her permission. The plaintiff displayed the art and the relevant copyright notices on her website; she did not authorize defendant's use of the images. The plaintiff sued defendant for copyright infringement.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended defendant designers downloaded art pieces from her website and used them on their commercial products, including Crate & Barrel wrapping paper, gift cards, and ribbons. The defendant then sold these items to the public without plaintiff's knowledge or consent.

DEFENDANT'S CONTENTIONS:
The defendant contended it hired a designer who used the designs without its knowledge.

Damages

The plaintiff sought unspecified damages to recover profits reaped from defendant's unauthorized use of her images.

Result

Plaintiff accepted Crate & Barrel's Rule 68 offer to have judgment entered against it by the court in the amount of $150,000.