Plaintiff to receive no financial settlement from CafePress under terms
of the agreement
LOUISVILLE, Ky.--(BUSINESS WIRE)--
CafePress Inc. (NASDQ: PRSS) announced today the company has entered
into an agreement to settle all claims brought against CafePress by
artist Brad Parker through his company, Tiki Shark Art Inc. This
settlement resolves all claims between the two companies. Tiki Shark Art
Inc. filed the lawsuit, captioned Tiki Shark Art
Incorporated v. CafePress.com, Inc.(Case No. CV13 00577 JMS RLP)
on October 31, 2013 in the United States District Court for the District
of Hawaii. CafePress is pleased that it has now been resolved.
Under the terms of the settlement, CafePress will be required to make no
financial or other payment to Tiki Shark Art Inc. Under the terms of
this settlement, Tiki Shark Art Inc. will dismiss the lawsuit against
CafePress with prejudice, and will be prohibited from suing CafePress
for any future claims of infringement unless Tiki Shark Art Inc. first
provides CafePress with written notice of any user-uploaded content on
the CafePress website alleged to infringe Tiki Shark Art Inc.'s
intellectual property rights, and CafePress does not promptly remove any
such images from the CafePress website in response to any colorably
valid claims of infringement.
"We are satisfied with today's settlement, which highlights CafePress'
insulation from liability for copyright infringement by safe harbor
defenses under the Digital Millennium Copyright Act," said Kirsten
Mellor, General Counsel for CafePress.
CafePress operates global websites with over 15 million users and offers
a print-on-demand service that allows users to create and upload their
own unique designs and offer them as virtual products through online
shops and marketplaces. Artists, designers and content owners from
around the world, including over 2,500 designers who are residents of
Hawaii, use the e-commerce services offered by CafePress to supplement
income for sales of their artwork, as the users earn commissions on
every sale. CafePress facilitates the sale and printing of the products,
but the content and images on the websites are created and owned by
users, not CafePress.
About CafePress [PRSS]:
Founded in 1999, CafePress
empowers consumers with tools to express their passions and create the
spectacular. Using our proprietary, print-on-demand services and
e-commerce platform, users can not only discover a variety of inspired
designs, but can create their own - no graphic design knowledge
Attorney Representing CafePress
Ian Ballon, 650-289-7881
Representing Brad Parker
David Eugene Smith, 808-322-4766
Segal, 650-655-3039 (Media Relations)
Source: CafePress Inc.
News Provided by Acquire Media