Date: 10-03-2007

Case Style: Propet USA v. Lloyd Shugart

Case Number: 2:06-cv-00186-MAT

Judge: Mary Alice Theiler

Court: United States District Court for the Western District of Washington (King County)

Plaintiff's Attorney:

Bruce Kaser, Vantage Law, Issaquah, Washington

James Phillips and Aubrey Seffernick, Miller Nash, LLP, Seattle, Washington

Defendant's Attorney:

Philip Mann, Mann Law Group, Seattle, Washington

John Whitaker, Whitaker Law Group, Bainbridge Island, Washington

Description:

Propet USA sued Lloyd Shugart seeking a declaration that it did not violate his copyright on photographs taken by him between 1999 and 2005 of Propet's shoes and other lifestyle images. Propet used the photographs in advertising for the company's products and distributed the photographs to third parties. Propet terminated its relationship with Shugart in 2005 when Shugart complained to Propet about the use of his photographs outside the scope of their usage agreement. Propet then sued Shugart in 2006 seeking a declaratory judgment that it had the right to use the images and an injunction preventing Shugart from selling the images to anyone else.

Shugart counterclaimed alleging copyright infringement for distribution of his photographs to Propet international divisions and others after the license granted to Propet has expired. Shugart also claimed that Propet removed copyright management information from the photographs in violation of the DMCA.

Propet denied the existence of an agreement with Shugart and denied having removed copyright management information from his digital images. Propet also argued that its refusal to return Shugart's photographs was based on its mistaken belief that Propet owned the photographs.

Outcome: Defendant's verdict for $1.319 million.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: None