The Defendants, a Florida husband/wife marketing team, are accused of purchasing digital artwork from Plaintiff’s Etsy site and then selling it on their own website as their own work and intellectual property. The Plaintiff is an artist from Guilford, Indiana (home of the historic Guilford Covered Bridge). In addition to Plaintiff, the Defendants are alleged to have used artwork from numerous creators without authorization.
Damages for willful copyright infringement can be severe, up to $150,000 per infringement. If the Defendants are truly serial infringers as alleged, the Court could easily decide to grant the maximum damages award. The Defendants could also be required to pay Plaintiff’s costs and attorneys’ fees, likely a hefty amount in itself.
Stay tuned for updates.
Mapes v. Top Tier Marketers LLC d/b/a Artfily et al.
Case Number: 1:22-cv-00674-JMS-DLP
File Date: Monday, April 4, 2022
Plaintiff: Tara Mapes
Plaintiff Counsel: Michelle L. Casper, Rachael L. Rodman of Ulmer & Berne LLP
Defendant: Top Tier Marketers LLC d/b/a Artfily, Meagan Broadwater, Dean Broadwater
Cause: Copyright Infringement
Court: Southern District of Indiana
Judge: Jane Magnus-Stinson
Referred To: Doris L. Pryor