MIAMI – A Colorado T-shirt maker alleges its copyrighted designs were used without its permission.
Early Man Images Inc. filed a complaint on Aug. 1 in the U.S. District Court for the Southern District of Florida against Ben Kaufman Sales Co. Inc.; Benjamin Kaufman; and Walgreen Co. Inc., doing business as Walgreens, alleging copyright infringement and other counts.
According to the complaint, the plaintiff alleges that it suffered damages as the result of it copyrighted designs being used without its authority. The plaintiff holds Ben Kaufman Sales Co. Inc.; Benjamin Kaufman; and Walgreen Co. Inc., doing business as Walgreens, responsible because Ben Kaufman Sales Co. Inc. allegedly used plaintiff's designs on their T-Shirts and sold them to Walgreen's for distribution. The suit states that this is not the first instance Ben Kaufman Sales Co. Inc. has allegedly infringed the plaintiff's designs.
The plaintiff requests a trial by jury and seeks injunctive relief against the defendants, award plaintiff profits and damages, actual economic damages, compensatory damages, liquidated damages, punitive damages, statutory damages of $150,000 for each of the copyrighted designs, interest, all legal fees and any other relief as the court deems just. It is represented by Brian S. Dervishi, John Borgo and Peter A. Tappert of Weissman & Dervishi PA in Miami and Mark D. Changaris of Berg Hill Greenleaf & Ruscitti LLP in Boulder, Colorado.
U.S. District Court for the Southern District of Florida Case number 1:16-cv-23278-KMW