Copyright infringement is serious
business. In the tattoo world, design infringement can mean that an
honest artist loses a substantial amount of money when a dishonest
one steals and markets work that doesn't belong to them.
It was heartening to see that the 4th
District U.S. Circuit Court of Appeals agrees and ruled in favor of
the tattoo artist who was getting ripped-off in this case.
Tattoo parlor wins ruling over design infringement
By Tim McGloneThe Virginian-Pilot
© December 17, 2012
Joe DuFresne, known professionally as J.D. Crowe, spent the better part of a year fighting to launch tattoo parlors in Virginia Beach and Chesapeake before opening in the cities about a decade ago.
DeFresne recently won an even longer legal battle. A federal appeals court last week upheld a $500,000 copyright infringement award, ending a court battle that dragged on more than three years.
With fees and interest to date, the total award tops $683,000.
DuFresne bills his company, Tattoo Art Inc., as creators of "the world's most popular tattoo designs." So popular that a Grand Rapids, Mich., company, TAT International, and its tattoo parlor, TatStore, bought a license to market Tattoo Art's designs.
Tattoo Art sued TAT for copyright infringement and breach of a licensing agreement after finding that TAT had altered some of its designs and were marketing them as its own, according to the court filings. (TAT had agreed to pay additional royalties but never did.)
U.S. District Judge Mark S. Davis in Norfolk held a non-jury trial in March 2011 and found against TAT. TAT appealed, arguing that the damage award was "grossly disproportionate" to the actual damages and "constitutionally excessive." The Richmond-based 4th U.S. Circuit Court of Appeals disagreed and upheld Davis' ruling last week.
Call Inflicting Ink at 401-683-5680 to schedule a free consultation to learn about laser tattoo removal for yourself, or to learn about adding the Quanta USA laser to your tattoo studio.
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Inflicting Ink is a Rhode Island Tattoo Studio that embodies quality, consistency and pride, and offers a sterile, safe, comfortable, artistic environment to its customers. Nominated multiple times for the Best Tattoo Parlor in Rhode Island and Best Tattoo Artist in RI.
You may contact them for an appointment for a tattoo at (401) 683-5680 and of course walk-ins are always welcome.
For more information, please visit our home page at www.inflictinginktattoo.com.