SAN DIEGO – A La Jolla limited liability company alleges a copyrighted image of its fiber optic hair attachment is being using on a competitor's product.
Luminence LLC filed a complaint on March 12 in the U.S. District Court for the Southern District of California against the Flashing Panda and Daniel Odulo alleging direct copyright infringement.
According to the complaint, the plaintiff creates and sells fiber optic light-up accessories, including Glowbys hair attachments. It alleges it has created photographic images of the Glowbys products as displayed by a model and that these images have been registered with the U.S. Copyright Office.
The suit states the plaintiff has supplied the defendants with Glowbys products to resell since 2009. It alleges the defendants began selling competing hair lights products and used one of the plaintiff's copyright images without authorization on the packaging.
The plaintiff requests a trial by jury and seeks judgment in its favor, award of actual damages and profits, statutory damages up to a maximum of $150,000, costs of action, interest, and further relief as the court may deem just. It 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 3:18-cv-523