3 Count: Tequila Sunset

A different kind of shots...

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1: L.A. Photographer Sues Michael Jordan’s Tequila Company Over Use of Photos

First off today, My News LA reports that Los Angeles photographer Anais Ganouna has filed a lawsuit against the tequila company Cincoro claiming that the company used her photos on the website, social media and advertising without her permission.

Cincoro is best known for listing Michael Jordan and several NBA owners among its co-founders. According to the lawsuit, Ganouna was brought in to do a photo shoot for the company but no licensing was negotiated because they were previously dissatisfied with her work and wanted to preview it before talking terms. Ultimately, she claims they told her that her photos would not be used and they would send another photographer to re-shoot the campaign.

However, when the campaign launched, she claims it was her images being featured prominently across the company’s online and offline presence. As such, she is suing for copyright infringement, fraud, civil conspiracy and unfair competition. She is seeking compensatory and punitive damages as well as an injunction.

2: Adobe Copyright Suit Over ColdFusion

Next up today, Carter Holland at Law Street reports that software maker Adobe has filed a lawsuit against Silk Road Technology alleging that the latter violated a license agreement for the Adobe product ColdFusion.

Silk Road is a company that offers custom human resources software to clients and ColdFusion is software for developing web-based applications. According to the lawsuit, in 2012 Silk Road purchased version 10 of ColdFusion and signed a license agreement that said the company would not use the product “on behalf of third parties” or “use the product in a computer service business” or as “part of a hosted service.” However, Adobe alleges that is exactly what Silk Road did, offering clients a product called OpenHire, which was built on ColdFusion.

According to Adobe, they offered Silk Road a custom license but the company refused. They continued forward with their activities, resulting in the lawsuit at hand.

3: Peloton Reports $49 Million in Legal Costs After Settlement With Music Publishers

Finally today, Eriq Gardner at The Hollywood Reporter Esquire reports that Peloton, the manufacturer of exercise equipment, has released their quarterly earnings report and stated that a recent settlement with music publishers cost them $49.3 million in legal fees and settlement costs.

The lawsuit featured the National Music Publishers Association suing over Peloton’s live-streamed classes that it offers as part of a monthly subscription. Those classes would often feature music in the background but, according to the publishers, Peloton had failed to obtain the proper synchronization licenses for the songs.

After some legal wrangling, the two sides reached a settlement in February but the terms were not disclosed. Though it’s impossible to know how much of the $49.3 million is legal fees versus the amount paid to publishers, we now know the total cost of the case on Peloton, which earned $524.6 million in revenue during the quarter.

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