SAN FRANCISCO – A Petaluma photograph distributor and a photographer allege their copyrighted property continued to be published past the expiration of a license.
Jim Erickson and Erickson Productions Inc. filed a complaint on Aug. 3 in the U.S. District Court for the Northern District of California against Tornier Inc., Raleigh Orthopaedic Clinic, O'Mara Medical Supplies LTD, Vincent C. Marino DPM Inc. and John Does 1-10 alleging copyright infringement.
According to the complaint, the plaintiffs allege that they sustained damages as the result of their copyrighted photographs being used past the expiration of a license given for their use. The plaintiffs holds Tornier Inc., Raleigh Orthopaedic Clinic, O'Mara Medical Supplies LTD, Vincent C. Marino DPM Inc. and John Does 1-10 responsible because the defendants allegedly continued to use plaintiffs' photos beyond the limitations of the license agreement with plaintiff and even after the expiration of the license agreement and also allegedly distributed the photos to third parties without permission.
The plaintiffs request a trial by jury and seek permanent injunction against the defendants, all damages including statutory and actual damages, all legal fees and any other relief as the court deems just. They are represented by Kevin P. McCulloch of The McCulloch Law Firm PLLC in New York and Andrew Delahunt of Law Office of Andrew Delahunt in West Hollywood.
U.S. District Court for the Northern District of California Case number 5:16-cv-04359-HRL