Copyright dispute over David Bowie image ends
A copyright dispute between the estate of late photographer Brian Duffy and Hard Rock Café over an image of British singer David Bowie, who died in 2016, has been discontinued.
US District Judge William Pauley signed the order on Thursday, November 16, stating that the action is discontinued without costs to any party, after it was reported to the court that this action “has been, or will be, settled”.
As reported by WIPR, the complaint against Hard Rock Café related to an image Duffy took of the singer which was placed on the front cover of Bowie’s “Aladdin Sane” album, released in 1973.
The complaint was filed at the US District Court for the Southern District of New York in September.
The photograph is registered under number VA 1-428-937.
Hard Rock Café allegedly placed the photograph in the front entrance and guest rooms of its hotel in Palm Springs, California.
Duffy’s estate requested that either Hard Rock pay the profits or gains brought about by the infringement, or statutory damages of up to $150,000 per infringement.
The case was discontinued by Pauley, but can be re-opened if filed within 30 days.
“Further, if the parties wish for this court to retain jurisdiction for the purposes of enforcing any settlement, they must submit the settlement agreement to this court within the same 30-day period,” Pauley added.
Hard Rock Café is no stranger to IP settlements in the Southern District of New York, having previously resolved a trade dress dispute brought there by US-based Red Lion Hotels.
Signed by Judge Lewis Kaplan on October 2, the stipulation and order for dismissal was issued with prejudice and with both sides to bear their own costs and attorneys’ fees.
It came after Red Lion Hotels filed a trade dress infringement complaint in July, claiming that Hard Rock Café’s Reverb hotel was too similar to the Hotel RL brand.
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