Design Infringement Case Decided

Friday, December 28, 2012

Design Infringement Case Decided

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 McGlone
The 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.

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About Our Tattoo Studio and Artists

Welcome to Inflicting Ink Tattoo. If you're looking for quality tattoo's from experienced artists in a clean, relaxed and professional environment then you have found the right place.

Our staff are professionally trained and come from diverse backgrounds, and they love to be challenged. At Inflicting Ink a tattoo is a special mark for each individual and is given its due respect. If you're in a hurry, you're in the wrong studio.

Inflicting Ink is located in Portsmouth, Rhode Island.
We are open 7 days a week:
Mon-Sat noon to 10
Sun noon to 8

Stop in for a visit or make an appointment by calling 401.683.5680

And check out our state-of-the-art, fully functional and self-contained traveling tattoo truck at: http://inflictinginktravelingtattoo.com/

We also specialize in LASER TATTOO REMOVAL!

Jeff Goyette Bio

Jeff Goyette was born and raised in Massachusetts where tattooing was illegal, and to this day is only allowed on a per community basis, with each community deciding for themselves whether to allow it or not. Jeff still wanted to be a tattoo artist, and so learned his trade and took it on the road with the tattoo tour where he continued his tattoo education through coursework and tour experience.

In 1993 Jeff opened Inflicting Ink Tattoo Studio in Portsmouth RI as a way to get out of touring and establish some roots in the community. He has been in this location for 17 years. After a few years in the shop however, he wanted to use his traveling experience to be able to bring tattooing to people who might not have the chance to get to a brick-and-mortar shop.

So he built the Inflicting Ink Traveling Tattoo truck, over 73 feet of truck housing a state of the art, sterile, mobile tattoo facility ~ there is nothing else like it on the planet, literally, as the Guiness Book of World Records has named it the largest tattoo facility in the world, but simply has no category to place it in.

The truck travels to fairs, events, concerts, and even does private parties, drawing large crowds and those who do not have access to a local tattoo studio for their body art. Jeff loves when he can give back to a community, and often simply brings the truck to draw in numbers at charity events whenever possible, whether any tattooing will be done or not.

He and his artists model their work on the belief that a customer should always feel that they have received a quality piece of art, that the work is consistent, and that they can be proud of their tattoo as well as where it came from.