SAN DIEGO – A Fairfax company is alleged to have used copyrighted images on its packaging for a hair accessory.

Luminence LLC filed a complaint on March 26 in the U.S. District Court for the Southern District of California against Blinkee.com LLC and Matthew Jacobs alleging copyright infringement.

According to the complaint, the plaintiff sells fiber-optic accessories under the Glowbys name and has registered photos with the U.S. Copyright Office of a model wearing the accessories. The suit states the defendants have resold the plaintiff's items in the past that the plaintiff supplied, but in October 2016, the plaintiff alleges the defendants began selling a competing product that used one of the plaintiff's copyrighted photos on the packaging.

The plaintiff holds Blinkee.com LLC and Jacobs responsible because the defendants allegedly sold products with infringing packaging.

The plaintiff requests a trial by jury and seeks judgment in favor of the plaintiff; award of actual damages and profits or statutory damages up to a maximum of $150,000; costs of action; prejudgment interest; destruction of all copies; and further relief as the court may deem just. They are 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-615

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U.S. District Court for the Southern District of California




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