MIAMI – A Jacksonville fashion business alleges an online shopping marketplace used the plaintiff's photos to advertise its own goods.
Venus Fashion Inc. filed a complaint on July 21 in the U.S. District Court for the Southern District of Florida against Changchun
Chengji Technology Co. LTD, Aukey International Limited and Aukey E-Business Co. LTD
alleging copyright infringement.
According to the complaint, the plaintiff alleges that it suffered damages as the result of its photographs being used by the defendants on their website to advertise the defendants' goods. The plaintiff holds Changchun Chengji Technology Co. LTD, Aukey International Limited and Aukey E-Business Co. LTD responsible because the defendants allegedly used plaintiff's photos on their website to advertise their products. The suit states that consumers have been confused into thinking they are buying the plaintiff's products when they are actually buying the defendants' products.
The plaintiff requests a trial by jury and seeks preliminary and permanent injunction against the defendants, for removal of all infringing copies of plaintiff's images on their website, destroy all copies of infringing materials, award all profits and damages to plaintiff, actual damages, statutory damages of $150,000 for each and every act, interest, all legal fees and any other relief as the court deems just. It is represented by Peter A. Chiabotti
David Otero of Akerman LLP in West Palm Beach;
Allan Gabriel of Dykema Gossett PLLC in Los Angeles; Aaron D. Charfoos of Dykema Gossett PLLC in Chicago; and David Otero of Akerman LLP in Jacksonville.
U.S. District Court for the Southern District of Florida Case number 0:16-cv-61752-WPD