SAN DIEGO — A manufacturer of fiber optic light-up accessories has filed suit against a California company alleging copyright infringement.
Luminence LLC filed a complaint on Aug. 19 in U.S. District Court for the Southern District of California against HP Craft Inc., alleging that the defendant violated the plaintiff's rights under the Copyright Act.
According to the complaint, the plaintiff alleges that on October 2014, Luminence LLC discovered and verified that one of its copyrighted photographs for its Glowbys fiber optic light-up accessories was being used by the defendant on its own product packaging. The plaintiff claims it wrote to the defendant to cease infringement and the defendant reportedly acknowledged the demand and agreed to destroy all remaining packaging, but did not. The plaintiff claims this caused irreparable injury and damage to the business. The plaintiff holds HP Craft Inc. responsible because the defendant allegedly profited at the expense of the plaintiff and continued to infringe upon the plaintiff’s copyrighted work.
The plaintiff requests a trial by jury and seeks judgment against the defendant, damages, profits, costs, attorney's fees, interest, to enjoin the defendant and agents from further infringement, destroy all copies and further relief as the court may deem appropriate. The plaintiff is represented by Matthew H. Capron of Capron Law Offices in Chula Vista.
U.S. District Court for the Southern District of California case number 16-cv-02106