A U.S. federal decide has rejected a US$660 million copyright infringement declare introduced by HH Promoting in opposition to Sandals Resorts Worldwide, awarding the Florida-based company slightly below US$50,000 in damages following a bench trial.
– Commercial –
Based on Law360, U.S. District Choose Cecilia Altonaga awarded HH Promoting US$49,000 for the unauthorized use of 33 images and movies however dominated that greater than 600 different works cited within the lawsuit had been ineligible for damages.
“We’re extraordinarily happy with the courtroom’s damages determination and recognize its cautious consideration of the proof on this matter,” stated Matthew Walch of Latham & Watkins, lead trial counsel for Sandals.
The decide’s determination was partially based mostly on a discovering that Sandals acted in good religion when persevering with to make use of the promoting supplies after ending its relationship with HH Promoting. The 2 firms had labored collectively for years previous to the passing of Sandals founder, Gordon “Butch” Stewart, in January 2021. Tensions reportedly rose after Stewart’s loss of life, and by 2023, HH Promoting had demanded that Sandals and its sister model Seashores stop utilizing the inventive content material.
On the middle of the dispute had been video and pictures belongings produced throughout a longstanding and well-compensated collaboration between HH Promoting, Sandals, and its unique advertising company, Distinctive Holidays Inc. Sandals argued that it had already paid in full for the supplies.
Choose Altonaga famous the shortage of a written settlement outlining particular licensing phrases, stating: “Defendants believed they weren’t infringing — and fairly so, given the absence of any written settlement containing important phrases or entry to the one different occasion moreover Hunter to the oral contract, Butch Stewart.”
She additionally discovered that HH failed to offer sufficient proof linking the allegedly infringing materials to any income generated by Sandals, writing: “Plaintiff doesn’t even present generalized gross income for SRI Restricted … The numbers it submits lack a significant connection to the infringement.”
Sandals legal professional Matthew Walch emphasised that defending the case was about preserving the legacy of founder Butch Stewart and defending the model’s integrity. “That legacy lives on right now by means of the fervour of a proficient crew and the loyalty of returning friends. Sandals’ mission stays unchanged: persevering with to ship distinctive experiences to friends all over the world,” he stated.
Sandals Resorts was represented by Matthew Walch of Latham & Watkins LLP and Peter Prieto of Podhurst Orseck PA. HH Promoting Inc. was represented by Michael Landen and Terri Meyers of Kluger Kaplan Silverman Katzen & Levine PL. Distinctive Holidays Inc. was represented by Joseph Norvell of Norvell IP and Cecilia Miranda of Brito PLLC.
