Facts

Plaintiff Edward Allen alleged that in April 2003, he invented the concept of using antique photographic images to create changing portraits, which were portraits of ordinary people who transformed into demons, vampires, corpses, or other like images. The plaintiff invested a significant amount of time and money into marketing this idea. He has 23 copyrights, including registration of his original website. In April 2003, plaintiff launched his business website, which he called "Haunted Memories Changing Portraits." In December 2004, plaintiff also obtained federally registered copyright for his website.

Defendant Tim Turner contended that he developed the concept of changing portraits in the early 1990s while working on a film project and that he offered the portraits for sale through his business "The Ghoulish Gallery." Defendant claimed he had evidence that these advertisements existed prior to launching his website.

PLAINTIFF'S CONTENTIONS:
The plaintiff filed suit against defendant for federal copyright infringement, federal unfair competition false advertising, unfair competition under California common law, unfair business practices, intentional interferences with prospective economic advantage and trade libel.

DEFENDANT'S CONTENTIONS:
The defendant counter-claimed for federal unfair competition false advertising, unfair competition under California common law, intentional interference with prospective economic advantage, trade libel and defamation.

Damages

The plaintiff sought $150,000 for statutory damages plus permanent injunction.

Result

After trial, since plaintiff did not establish his copyright infringement claim, the court awarded defendant $60,000 in attorneys' fees. His claims for unfair competition under the Lanham Act and for unfair business practices were granted. All of defendant's counter-claims were denied. Plaintiff was awarded $2,500 as compensation for the false advertising claim and given injunctive relief for that advertisement, as the court concluded there was insufficient evidence that defendant's business was in operation since the early 1990s.

Other Information

During trial, the court granted defendant April Turner's motion for non-suit and dismissed all of plaintiff's claims against her. FILING DATE: Feb. 16, 2006.