7 June 2017Copyright

Macy’s settles copyright clash with Christmas jumper company

A copyright dispute between holiday-themed apparel company Tipsy Elves and retailer Macy’s has been dismissed, after both parties agreed to a settlement.

Both parties filed to dismiss the lawsuit, brought by Tipsy Elves, on Sunday, June 4.

Tipsy Elves filed its claim in February at the US District Court for the Central District of California,  alleging that Macy’s had infringed its copyright by using an image created by Tipsy Elves on its jumpers.

The claim centred on Tipsy Elves’ ‘Santa breaks the internet jumper’, which depicted an image of Santa pouring milk over his head and into a glass placed on his lower back.

Tipsy Elves was seeking injunctive relief, a transfer of any profits derived from the alleged infringement, attorneys’ fees and a jury trial.

The order of voluntary dismissal was approved by US District Judge Paul Gardephe, without costs or fees against either party.

Tipsy Elves previously sued its rival Ugly Christmas Sweater (UCS) for what it perceived to be trademark infringement over use of the ‘Tipsy Elves’ trademark on its website.

That was the second time that the two Christmas-themed clothing companies have clashed, following an out of court settlement that was reached after UCS was issued with a cease-and-desist letter to stop infringing Tipsy Elves’ copyright in its sweater designs.

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