Trial News

Photographer Justin L’Heureux, owner of the Capture Eleven Group, took outdoor and extreme lifestyle photographs for his clients. L’Heureux, whose photographs were registered with the U.S. Copyright Office, created content for Otter Products, LLC, to be used for the company’s LifeProof phone cases. After the parties’ independent contractor agreement ended, L’Heureux continued to take photographs for the company, but the parties never signed a formal written agreement for these works, which were to be used for certain purposes and products, per their oral agreement. L’Heureux later discovered that Otter Products had used his copyrighted works in an unauthorized manner.

The Capture Eleven Group sued Otter Products, alleging copyright infringement.

The jury awarded approximately $3.1 million. Posttrial motions are pending.

Citation: Capture Eleven Grp. v. Otter Prods., LLC, No. 1:20CV02551 (D. Colo. Mar. 12, 2024).

Plaintiff counsel: Howard N. Wisnia and Nicole S. Cunningham, both of San Diego; and Tim Williams, Greenville, S.C.

Plaintiff experts: Susan McDonald, marketing, Philadelphia; and David Drews, intellectual property valuation, San Diego.

Defense experts: Kevin Arst, intellectual property infringement, Ann Arbor, Mich.; Robert Zeithammer, pricing, Santa Monica, Calif.; and Gary Elsner, commercial photography, Naples, Fla.