Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Tylor v. Hawaiian Springs, LLC

United States District Court, D. Hawaii

July 3, 2019

VINCENT KHOURY TYLOR, Plaintiff,
v.
HAWAIIAN SPRINGS, LLC; JOHN DOES 1-10; JANE DOES 1-10; DOE CORPORATIONS 1-10; DOE PARTNERSHIPS 1-10; and DOE ASSOCIATIONS 1-10, Defendant.

          ORDER GRANTING, IN PART, AND DENYING, IN PART, PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST DEFENDANT HAWAIIAN SPRINGS, LLC (ECF NO. 63)

          HELEN GILLMOR UNITED STATES DISTRICT JUDGE.

         Plaintiff Vincent Khoury Tylor is a professional photographer who specializes in photography of Hawaiian landscapes. He conducts a business selling and licensing his copyrighted photographic works. Plaintiff operates a website where he displays his images and customers can obtain information on licensing and prices.

         This dispute concerns three of the Plaintiff's copyrighted images:

(1) M-11 7 Pools Waterfalls (“7 Pools Image”)
(2) B-07 Akaka Falls Hor (“Akaka Falls Image”); and,
(3) K-20 Waimea Canyon (“Waimea Canyon Image”).

         First, as to the 7 Pools Image, Plaintiff claims that Defendant Hawaiian Springs, LLC used the Image on its commercial Facebook page without his authorization.

         Second, as to the Akaka Falls Image, Plaintiff alleges that Defendant Hawaiian Springs, LLC used the Image on its commercial Pinterest web page without his authorization.

         Third, as to the Waimea Canyon Image, Plaintiff claims that Defendant Hawaiian Springs, LLC used the Image on its commercial Facebook page without his authorization. Plaintiff also alleges the use of the Waimea Canyon Image was “willful” infringement.

         Plaintiff filed a Motion for Partial Summary Judgment. Plaintiff seeks judgment in its favor as to Defendant Hawaiian Springs, LLC's liability for copyright infringement for its unauthorized use of the three Images. Plaintiff also seeks summary judgment as to its claim for willful infringement as to Defendant's use of the Waimea Canyon Image.

         Defendant Hawaiian Springs, LLC opposes the Motion. Defendant specifically claims there are questions of fact as to whether its use of the Waimea Canyon Image was willful and as to whether its use of the Akaka Falls Image is subject to fair use.

         Plaintiff's Motion for Partial Summary Judgment Against Defendant Hawaiian Springs, LLC (ECF No. 63) is GRANTED, IN PART, AND DENIED, IN PART.

         PROCEDURAL HISTORY

         On June 16, 2017, Plaintiff filed the Complaint. (ECF No. 1).

         On July 20, 2017, Plaintiff filed the FIRST AMENDED COMPLAINT. (ECF No. 10).

         On January 8, 2018, Defendant Hawaiian Springs, LLC filed a NOTICE OF AUTOMATIC STAY. (ECF No. 31). The Automatic Stay was issued pending the voluntary petition under Chapter 11, In Re Hawaiian Springs, LLC, Bk. No. 17-01348, pending in the United States Bankruptcy Court for the District of Hawaii.

         On May 15, 2018, Plaintiff filed a NOTICE OF STIPULATION AND ORDER GRANTING RELIEF FROM AUTOMATIC STAY. (ECF No. 33).

         On August 28, 2018, Plaintiff filed NOTICE OF SECOND STIPULATION AND ORDER GRANTING RELIEF FROM AUTOMATIC STAY. (ECF No. 36).

         On April 23, 2019, Defendant filed a Motion to Compel Discovery. (ECF No. 60).

         On April 24, 2019, Plaintiff filed MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST DEFENDANT HAWAIIAN SPRINGS, LLC and a Concise Statement of Facts. (ECF Nos. 63, 64).

         On May 8, 2019, Defendant filed DEFENDANT HAWAIIAN SPRINGS, LLC'S MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT and a Concise Statement of Facts. (ECF Nos. 78, 79).

         On May 16, 2019, the District Court Judge held a Status Conference. (ECF No. 83).

         On May 17, 2019, the Magistrate Judge issued an ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT HAWAIIAN SPRINGS, LLC'S MOTION TO COMPEL DISCOVERY. (ECF No. 87).

         On May 22, 2019, Plaintiff filed his REPLY. (ECF No. 89).

         On June 17, 2019, the District Court Judge held a hearing on Plaintiff's Motion for Partial Summary Judgment.

         BACKGROUND

         The Parties do not dispute the following facts:

         Plaintiff Vincent Khoury Tylor is a professional photographer who specializes in photography of Hawaiian landscapes. (Declaration of Vincent Khoury Tylor (“Tylor Decl.”) at ¶ 3, ECF No. 64-1).

         Plaintiff operates a licensing website where customers can view his images and obtain information on licenses and prices. (Id. at 5-7; Website Photographs attached as Ex. D to Pla.'s Concise Statement, ECF No. 64-6; website available at www.hawaiianphotos.net, last visited 6/14/19).

         There are three images relevant to this dispute.

         The three images were created by the Plaintiff:

(1) M-11 7 Pools Waterfalls (“7 Pools Image”)
(2) B-07 Akaka Falls Hor (“Akaka Falls Image”); and,
(3) K-20 Waimea Canyon (“Waimea Canyon Image”).

(Ex. A, Certificate of Registration with the United States Copyright Office, at p. 8, ECF No. 64-3).

         The three Images were registered with the United States Copyright Office and a Certificate of Registration Number VA 1-696-555, was issued, with an effective date of December 17, 2009, supplemented by form VA 1-432-741, with an effective date of June 20, 2011.[1] (Tylor Decl. at ¶ 13, ECF No. 64-1; Ex. A, Certificate of Registration with the United States Copyright Office, ECF No. 64-3).

         Defendant Hawaiian Springs, LLC maintains a commercial Facebook page that has more than 30, 000 followers. (Ex. B, Screen Shots of Hawaiian Springs Facebook page, ECF No. 64-4).

         Defendant Hawaiian Springs, LLC also maintains a commercial Pinterest page with numerous followers. (Ex. C, Screen Shots of Hawaiian Springs Pinterest page, ECF No. 64-5).

         Use of Plaintiff's 7 Pools Image On Defendant's Commercial Facebook Page

         On July 2, 2015, Plaintiff discovered that Defendant Hawaiian Springs, LLC had been using a copy of his 7 Pools Image on its commercial Facebook page since September 16, 2011. (Def.'s Facebook Page Displaying 7 Pools Image, Ex. B at pp. 3-8, ECF No. 64-4; Tylor Decl. at ¶¶ 15-16, ECF No. 64-1). The Image was posted on Defendant's commercial Facebook page that advertised Defendant's bottled water products. (Tylor Decl. at ¶ 16, ECF No. 64).

         Defendant Hawaiian Springs, LLC admitted in its First Amended Response to Plaintiff's First Request For Admissions that it used a copy of Plaintiff's 7 Pools Image on its commercial Facebook page. (Def.'s Admission at p. 3, Ex. F, ECF No. 64-8).

         Use of Plaintiff's Akaka Falls Image On Defendant's Commercial Pinterest Page

         On July 18, 2017, Plaintiff discovered that Defendant Hawaiian Springs, LLC had been using a copy of his Akaka Falls Image on its commercial Pinterest page. (Def.'s Pinterest Page, Ex. C, ECF No. 64-5; Tylor Decl. at ¶¶ 18-21, ECF No. 64-1).

         Defendant submitted the Declaration of Brea Aamoth. Ms. Aamoth states that she used Plaintiff's Akaka Falls Image for a homework assignment in college where she created a mock advertisement for Hawaiian Springs' bottled water products. (Declaration of Brea Aamoth (“Aamoth Decl.”) at ¶ 3, ECF No. 79-3). Ms. Aamoth states that she was not employee of Defendant Hawaiian Springs, LLC. She posted her mock advertisement to her personal Pinterest page. (Id.)

         Margaret Fuentes, the former Marketing Director for Defendant Hawaiian Springs, LLC, states that she saw Ms. Aamoth's mock advertisement on Pinterest that included Plaintiff's Akaka Falls Image. (Declaration of Margaret Fuentes (“Fuentes Decl.”) at ¶ 8, ECF No. 79-5). Ms. Fuentes “re-pinned the image to Hawaiian Springs' Pinterest page.” (Id.)

         Defendant Hawaiian Springs, LLC admitted in its First Amended Response to Plaintiff's First Request For Admissions that it used a copy of Plaintiff's Akaka Falls Image on its commercial ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.