Andrew Paul Leonard v Stemtech Health Sciences, Inc
This case is a copyright infringement case in which a photographs of stem cells were distributed for 7 years the Stemtech website without the consent of the photographer of the original pictures consent. The plaintiff(leonard) filed for alleged infringement of 4 separate images, the first of which was dropped. The 2nd image was allegedly put on a website that sold the defendant's(Stemtech) products. For images 3 & 4 the plaintiff said they were used also on a website affiliated with the defendant's products. The plaintiff filled for a cease and desist in which the defendant removed the images from only some of its websites, but not all of them.
The results of the case are as follows:
1. Defendant's Motion for Summary Judgment be GRANTED with respect to all claims by plaintiff of infringement regarding the use of image 2.
2. Defendant's Motion for Summary Judgment be GRANTED with respect to all claims by plaintiff for statutory damages pursuant to 17 U.S.C. § 504(b)
3. Defendant's Motion for Summary Judgment be GRANTED with respect to all claims by plaintiff for "additional profits" damages under 17 U.S.C. § 504(b)
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