1 August 2014Copyright

American Eagle sued in “extraordinary” copyright claim

A US street artist has accused retail chain American Eagle Outfitters (AEO) of copyright infringement claiming it used his work without permission in a worldwide advertising and promotional campaign.

David Anasagasti, who goes by the pseudonym Ahol Sniffs Glue, accused the retailer of using two of his famous images without permission.

In a lawsuit filed at the US District Court for the Southern District of New York, Anasagasti said the company used his images—depicting many half closed eyes—in its stores, online and on billboards.

“The scope of this unlawful use has been extraordinary,” the complaint said, accusing AEO of photographing its models and the art at the Wynwood area of Miami, famous for being an art district.

“Not only did AEO fail to credit or compensate Anasagasti for its use of the infringed works; in one widely-disseminated image, it chose to pose its own model with a can of blue spray paint in front of Anasagasti's work,” the complaint said.

“AEO placed the infringed works at the heart of its efforts to promote its products and brand identity,” it added.

Although copyright was registered after AEO launched its advertising campaign, the artist is suing for unspecified damages relating to profits from the infringement as well as attorney’s fees.

He is also seeking an injunction preventing AEO from using the allegedly infringing material.

“Given that he hails from the counter-culture world of underground street artists, Anasagasti's reputation as an artist has been founded, in part, on a public perception that (he) doesn’t ‘sell out’ to large corporate interests,” the lawsuit added.

AEO did not respond immediately to a request to comment.

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