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Copyrights Intellectual Property Litigation

IP News

Mercedes Benz USA LLC v. Bombardier

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The Eastern District of Michigan is host to the latest in a series of lawsuits brought all across the country involving an intellectual property dispute between a high-profile brand owner and street artists whose work is featured without compensation in an advertisement campaign by that brand owner. See, e.g., Mercedes Benz USA LLC v. Bombardier, Docket No. 2:19-cv-10951 (E.D. Mich. Mar 29, 2019); Mercedes Benz USA LLC v. Soto et al, Docket No. 2:19-cv-10949 (E.D. Mich. Mar 29, 2019); Mercedes Benz USA LLC v. Lewis, Docket No. 2:19-cv-10948 (E.D. Mich. Mar 29, 2019). On March 29, 2019, Mercedes Benz (Mercedes) brought three declaratory judgment actions against the artists Daniel Bombardier, Maxx Gramajo, James “Dabls” Lewis, and Jeff Soto. In each action, Mercedes is seeking a declaration of non-infringement, fair use, exemption under the Architectural Works Copyright Protection Act (AWCPA), and the Digital Millennium Copyright Act (DMCA) for its use of the artists’ work. In turn, Defendants filed a motion to dismiss and a further response on May 15, 2019.

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