Interstate Battery "Driving Down" Illegal Roads?

ACTION SPORTS PHOTOGRAPHY FILES COPYRIGHT INFRINGEMENT LAW SUIT AGAINST
INTERSTATE BATTERY AND HOME DEPOT

Dallas, TX - A prominent sports photographer represented by the Law Office of David M. Dingeman filed a formal complaint with the United States District Court for the Northern District of Texas on January 29, 2002. The complaint alleges that Interstate Battery and Home Depot, in violatation of the US Copyright Act, have infringed upon the photographer's copyright registrations of studio photos of  NASCAR driver Bobby Labonte.

David M. Dingeman, attorney for plaintiff, stated that, "Interstate Battery obtained the photos for non-commercial use only and then refused to negotiate over a fair, licensed use of the Bobby Labonte photos for battery packaging." (seen in the photo on the left) Home Depot is also a party to the issue because they sell Interstate Battery products in their stores throughout the US.

The general manager of the photography company said that Interstate Battery clearly understood that the photographs of Bobby Labonte during the 2000 NASCAR season were only to be used strictly for non-commercial purposes such as media kits. Interstate Battery replied stating that their misunderstanding of the limited license agreement was a mistake. Home Depot was provided notice that their reselling of Interstate Battery products with the unlicensed photographs was contributory and vicarious copyright infringement.  As of the time of this release, Home Depot had not responded to the notice.

The Law Office of David M. Dingeman is based outside of Dallas and specializes in intellectual property law and internet law including trademarks, copyrights, patents and license agreements.  More information can be found at http://www.cyberights.com