Miami Office attorneys Robert H. Thornburg and Cameron C. Murphy scored a win in a federal West Palm Beach copyright infringement action filed by the firm on behalf of Jupiter, Florida artist Kelly Tracht (www.KellyTracht.com) directed against Dazzle Up LLC d/b/a Simply Southern – a large women’s apparel maker and on-line retailer. Kelly Tracht’s complaint seeks damages due to infringement of three separate copyright registrations relating to her original art. Simply Southern sought to dismiss the action suggesting that Kelly Tracht could not prove it had access to the registered artworks. Judge Marra, in issuing his opinion on October 18, 2017 denied those legal theories finding that Kelly Tracht’s complaint plead a valid theory of access based on wide dissemination via on-line social media presence.
The written opinion, a copy of which is attached, is reported as Kelly Tracht LLC v. Dazzle Up LLC d/b/a Simply Southern, Case NO. 17-80434-CIV-MARRA, 2017 U.S. Dist. LEXIS 172004 (S.D. Fla. Oct. 18, 2017) (Marra). 2017-10-18 Dazzle Up Opinion