Constant vigilance is still difficult to prevent, and the problem of infringement lingers like a shadow. Recently, three new brands have been filed, among which the clothing category has frequently become the hardest hit area of infringement cases.
Case information
案件号:24-CV-02658
Case filing time: April 3, 2024
原告:Vincent Hie
Law Firm: Keith
Vincent Hie is a brilliant digital painter known for his masterful presentation of detail, use of surrealism, dynamic light and shadow effects, and profound overall depictions. His artwork is subject to a wide range of subjects, from natural wildlife to dark art, but Hie is particularly passionate about exploring the realm of fantasy and science fiction.
His paintings are used by companies around the world for a variety of products such as mobile phone accessories, wall stickers, art posters, canvas prints, book covers, and personalized apparel, and more than three million T-shirts featuring his work have been sold. The following works are the focus of this action:
Case information
案件号:24-cv-02652、24-cv-02722
Case filing time: April 3 and April 4
原告：Sally Walsh
Law Firm: Keith
The plaintiff was a talented watercolor artist. She has been doodling since she was a child and has spent her formative years working in a variety of industries, including animation at The Disney Company. She is known for her vibrant, fun-filled paintings of wildlife and people, often with playfulness and joy. Her style is unique, with bright and loose colors contrasting with the realism of the delicate details in some areas. In 2011, she began her career under the stage name Sillier Than Sally.
Usually in infringement cases, once the lawsuit has been initiated, the plaintiff will often apply to the court for a temporary restraining order (TRO) to freeze the defendant's assets in order to prevent the defendant from misappropriating funds. Once the funds are frozen, the defendant can only recover the frozen funds through out-of-court settlement or court appearance. It should be pointed out that not all defendants must eventually pay compensation, and if the plaintiff's intellectual property rights are invalid or the defendant has not actually infringed, the defendant can claim no compensation.
Of course, not all cases can be settled with zero compensation, and the outcome depends on the specific circumstances of the case. If there is a clear infringement, the defendant cannot avoid compensation. Damages for trademark infringement can be as high as $2 million, copyright works up to $150,000, and patent infringement at 10% of sales, which is quite high for each type.
Taking into account factors such as intent to infringe, number of products, amount of infringement, freezing of funds, suing law firm and settlement law firm, the final amount of compensation will vary in each case. Therefore, when operating any store, it is necessary to avoid directly using the trademarks, copyrights and patents of the rights holder, in case it is found to be infringing and required to pay high damages.