3 Count: Off Target

Target comes under fire...

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1: Teen ‘Dot’ Artist from Oceanside Sues Target Over Kids Clothing Designs

First off today, CBS8 reports that a teenage artist filed a lawsuit on Monday against Target Corporation alleging that the retail giant ripped his designs as part of their Cat & Jack brand of children’s clothing.

The lawsuit was filed by Kristin Cooley, who is acting as the guardian of the estate of Nolan Cooley. It alleges infringements of 15 of her son’s works, each work entitled Circle Happiness. The lawsuit alleges that Target had online access to the works in question prior to launching the line in July 2016 and that they contacted them about the work in the summer of 2018.

Target, for their part, said that they have a deep appreciation for design rights but that they have not been formally served with this lawsuit so they can offer no comment on it. The lawsuit itself is seeking unspecified damages and attorneys’ fees.

2: Brazilian Youtuber Hit With Hefty Fines for Uploading Piracy Tutorials

Next up today, Shoshana Wodinsky at Gizmodo UK reports that a Brazilian YouTube channel named Jorge Dejorge has been hit with a significant fine after posting a tutorial on his channel that showed his fellow countrymen how to gain access to broadcast TV services using IPTV.

The channel is operated by a São Paulo native named Bruno Gustavo and it attracted the attention of the ABTA, a Brazilian organization of pay-TV services. In 2018, the lower court ruled in favor of the ABTA, ordering Google and YouTube to remove the video and ordering Gustavo to pay 10,000 Brazilian Real ($1,700 USD) in damages. Gustavo appealed, claiming that the court seemed unsure about whether or not he needed to pay damages, especially over the trademark issues.

The appeals court, however, did not favor Gustavo. They upped the damages Gustavo owes to 50,000 Brazilian Real ($8,700) for his reproduction of trademarks, infringement of copyright and unfair competition.

3: Vox Media Sued For Copyright Infringement Under DMCA

Finally today, Kirsten Errick at Law Street reports that the Liebowitz Law Firm has filed yet another lawsuit on behalf of a photographer against a media company, this one targeting Vox Media.

The lawsuit is on behalf of photographer Helayne Seidman, who alleges that Vox Media used her photograph on their Curbed.com website without permission. According to the complaint, Vox took the photograph and used it without her permission, attribution and after removing copyright management information.

The lawsuit seeks a declaratory judgment of Vox Media’s infringement, damages and an award for attorneys fees and other costs. The Liebowitz Law Firm has a reputation for filing these kinds of lawsuits, often drawing the ire of judges, which have referred to the organization as a “troll” on multiple occasions.

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