ORLANDO – A Daytona Beach retailer is being sued over allegations of copyright infringement.
Spiral Direct LTD filed a complaint on May 13 in the U.S. District Court for the Middle District of Florida, Orlando Division against Beach Depot Inc., doing business as Impress for Less USA and Live to Impress, alleging that the competitor allegedly violated the U.S. Copyright Act.
According to the complaint, the plaintiff alleges that it has suffered and will continue to suffer actual damages and irreparable harm as a result of defendant's willful and intentional infringement. The plaintiff holds Beach Depot Inc. responsible because the defendant allegedly used, copied, reproduced, advertised, distributed, sold and continues to offer for sale different clothing items bearing the plaintiff's copyrighted Spiral, Game Over, Bone Finger and You're Next graphic designs on Amazon.
The plaintiff requests a trial by jury and seeks an order permanently enjoining defendant from infringing copyrighted Spiral graphics, an order to destroy the infringing items, an award for actual damages, defendant's profits accrued from infringing activities, attorneys' fees costs and such other relief as the court deems just and proper. It is represented by Jill Sarnoff Riola and David E. Cannella of Carlton Fields in Orlando.
U.S. District Court for the Middle District of Florida, Orlando Division Case number 6:16-cv-00816