California-based artist and designer, Sara M. Lyons has filed a complaint against Amazon.com Inc. and unknown individuals in the Southern District of New York for copyright infringement.
The plaintiff alleges that the defendants infringed her copyrighted work by selling similar products on Amazon’s website without permission or authorization.
According to the lawsuit, the artist sells original enamel pins, embroidered patches, and other products directly to her customers through her website or through authorized third-party retailers and all the products features her original designs including the two-dimensional artwork, entitled Whatever Forever (the ‘Original Design’) created in 2013.
The plaintiff reportedly said that the defendants created, sold, manufactured, caused to be manufactured, and/or distributed products featuring a design that is substantially similar to the Original without obtaining consent or permission.
The plaintiff reportedly said that it sent a notice to Amazon in April 2020 informing them of the infringing activity, Amazon initially removed this listing in April or May 2020 and restored it in January 2021, and since then has been advertising and selling the allegedly infringing product.
The plaintiff alleges that the original design has registered copyright and various copyright management information, such as her signature, name, logo, website address, social media handle, and copyright notice.
The plaintiff alleges that the infringement has caused lots of damages, confusion, and unfair competition.
The plaintiff seeks an injunction; disgorgement of ill-gotten gains; an award for damages, costs, and fees; and other relief.
The case is pending.
Lyons v. Amazon.com, Inc. et al
|Judge:||Lorna G Schofield|
|Court:||New York Southern District Court|
|Nature of Suit:||Copyright|
|Case Filed:||April 28, 2021|