GrayRobinson’s Cole Carlson Secures Win for Alper Automotive

November 3, 2021

GrayRobinson’s Cole Carlson successfully assisted in a win for client Alper Automotive. On Wednesday, November 3, the Southern District of Florida delivered a complete win for Plaintiff Alper Automotive Inc. finding that the Defendant, Day to Day Imports, Inc. knowingly and materially misrepresented that Plaintiff was infringing on a copyright which had been determined invalid previously in the case. The Defendant had taken down Alper’s Amazon listing of  decal sheet  replacement stickers for climate control systems in automobiles on four occasions, over the course of six months. Under the Digital Millennium Copyright Act Section 512(f), a party is liable for damages if it knowingly and materially misrepresents that material is infringing on a valid copyright which a service provider relies upon. Carlson was initially successful at summary judgment in getting the allegedly copyrighted material invalidated, and further led a three-day bench Zoom trial in June 2021 wherein Judge Bruce Reinhart determined the Defendant made a "decision not to pursue information that would have helped confirm whether Plaintiff was infringing on a protected copyright," and that such a decision "constituted willful blindness." Per Section 512(f), in addition to actual damages, the Defendant is now liable for attorneys’ fees and costs. This is a unique decision as it is one of only a few decisions making a determination regarding a party’s good-faith belief concerning infringement, as most cases involving Section 512(f) are dismissed at the pleading stage or at summary judgment. Read - GrayRobinson’s Cole Carlson Secures Win for Alper Automotive