In this digital age, artists use their unique perspectives to capture the beauty of the world, presenting their interpretations of the world through paintings, music, or words. These beauties cannot be plagiarized indiscriminately, otherwise there is a risk of infringement.
Case information
案件号:24-CV-01848
Case filing time: March 5, 2024
原告：Clara McAllister
Represented by David
Originally from Brazil, Clara McAllister is unique in the world of illustration, with a particular focus on capturing the dynamic beauty of plants and animals with delicate brushstrokes. She uses watercolour paints to depict the splendor of the natural world, where colourful flowers and insects and wildlife are intertwined to create a vivid story.
Initially, the case revealed only the case number, the time of filing and information about the law firm represented by the plaintiff, until March 18, when the situation changed. The judge made it clear that he was opposed to anonymous litigation because it violated not only the public's right to transparency about the legal process, but also the people's right to know how public resources were being used. If the plaintiff insists on bringing the lawsuit anonymously, it must raise "exceptional circumstances" that carry sufficient weight to outweigh the value of the public interest and are more important than the adverse effects that may result from anonymity to the adversary.
The plaintiffs asserted that the anonymous filing of the lawsuit and the request for the sealing of the complaint and Schedule A were based on "the necessity of preventing the defendant from becoming aware of these proceedings before enforcing the interim restraining order." "The plaintiffs also feared that if the defendants had been notified in advance, they might have destroyed the relevant documents, concealed or transferred assets, or relocated or shut down the allegedly infringing website.
In response to the plaintiff's statements, the judge said that the plaintiff failed to provide a specific reason for the anonymity of "CM" and did not explain the reasons for applying for a sealing order, and therefore rejected the plaintiff's four claims, including the application for a temporary restraining order.
After the four claims were dismissed, the plaintiff finally revealed his true identity to the judge – Clara McAllister. Once the plaintiff was unmasked, even though the illustrations she defended were hidden, with the clue of "Clara McAllister", anyone could search on the official website of the U.S. copyright and find three copyrighted works, namely:
《Luna Moth》
《Mushroom Night Moth》
《Sphinx Moth Moon Garden》
On the plaintiff's official website, we can find and view the creations related to the titles of these copyrighted works. It is found that these works usually combine the three elements of plants, animals and moths, showing a small number of works:
Case information
案件号:24-CV-02150
Case filing time: March 15, 2024
原告:TAMARA WAREKA p/k/a TAMARA WILLIAMS
代理律所：Higbee And Associates
TAMARA'S WAREKA IS ONE OF THE MOST POWERFUL FREELANCE PHOTOGRAPHERS IN THE WORLD OF BEAUTY AND FASHION. He is known for his fresh photography on his Instagram account, and his portrait photos have been widely liked with nearly 600,000 followers.
TAMARA's lens talent has been recognized and showcased by top international magazines such as Vogue, Harper's Bazaar, Marie Claire, Elle, L'Officiel, Glamour, Cosmopolitan, and Maxim. Her photographs have also been used by well-known brands including NARS, KKW, Fenty and Benefit, and are widely popular in the business world.
Works of rights protection
Case information
案件号:24-CV-02233
Case filing time: March 19, 2024
原告：Howard Raymond Green, Jr.
Law Firm: Keith
Green is a painter and artist who has gained worldwide popularity since the publication of his plaintiff's book, Jazz Fish Zen: An Adventure at Mambo Land. His vibrant and playful works of art have not only adorned more than 60 public and private murals, but have also been exhibited in more than 45 group and solo exhibitions. In addition, his colourful and entertaining pop art artworks, which feature comics, celebrities, films, and television, showcase his unique vision of the joy of color in our pop culture.
Works of rights protection
If you modify a work, you still need to take care to maintain sufficient originality to avoid infringing the copyright of the original work. This is because the judgment of copyright infringement is very subjective, and if it is an identical work, it is almost impossible to get rid of the accusation of infringement.
As a cross-border e-commerce player, you have unfortunately stepped into the copyright landmine, here are a few coping strategies:
Product removal: After discovering the infringing problem, the seller should immediately remove the infringing product to avoid further infringement.
Timely withdrawals: Once on the list of defendants, the account will be frozen after the TRO's temporary restraining order is approved. Therefore, sellers who have sold these brands should withdraw their cash in time to prevent the money from being frozen.
Valuation: If the account is frozen, the seller needs to assess the value of the store to see if it's worth rescuing. If the store is important to the seller, then a lawyer should be contacted in time to assist in the settlement to restore the account and protect the store.
Contact a lawyer: Don't carry the infringing email when you receive it, you can contact Jude. Professional legal advice and the ability to solve problems quickly are your legal shield and sword.
Finally, remember that respecting copyright is like a traffic rule, and only by obeying it can you drive worry-free, otherwise you may be fined at any time. Legal compliance is a golden rule on your business path and will never go out of style. Opening the "anti-infringement mode" and doing business in a down-to-earth manner is the last word.