K2 Concepts, Inc. v. GUANGZHOU YIBEN ZHENGJING SHEYING GUANGGAO CO. LTD., Civil Action No. 4:23-cv-00071-WMR (N.D. Ga., Apr. 13, 2023)

The Plaintiff composed an original sculptural design of a fish (“the Subject Work”), protected under United States Copyright Registration No. VA 2-285- 554 since at least December 30, 2021. The Subject Work depicts a small, roughly hewn tropical fish composed in plastic, with slivers removed from the body of the fish which seem to expose the beads held within the interior cavity. Defendant is accused of selling the infringing Work on Amazon.

Plaintiff alleges to have submitted a Digital Millennium Copyright Act (DMCA) Take-Down notice demanding the infringing product be removed. In response, the Defendant sent a counternotice, specifically stating that the Defendant “do[esn’t] know where this product infringes,” but indicating a willingness to change the product as necessary. Plaintiff, nevertheless, brought this case alleging one count of copyright infringement.

The case has been assigned to Judge William Ray II.