Victory Includes Summary Judgment of Fair Use and No Willful Infringement
HOUSTON – Dec. 27, 2022 – Global law firm Greenberg Traurig, LLP helped secure a summary judgment victory for Houston art studio Mix Creative Learning Center, LLC in a copyright and trademark dispute brought forward by mixed-media artist Michel Keck in the U.S. District Court for the Southern District of Texas, Houston Division.
“I am so grateful to Greenberg Traurig Shareholders Roland Garcia and Mark Chretien for all of their help, knowledge, and kindness,” said Jacqueline Kenneally, owner of Mix Creative. “This result is an enormous relief for ArtMix and me, as well as other art teachers and artists everywhere. Thanks to their good work, I can resume teaching my students about artists from around the world, continuing to give them full credit for their inspiration with more joy again after this nearly two-year-long journey.”
The case centered on claims of copyright and trademark infringement based on Mix Creative’s use of Keck’s Dog Art in art kits sold by the studio online. Keck’s lawsuit argued for statutory damages for willful infringement in an amount up to $150,000 for each of the six copyrighted works at issue under the Copyright Act, as well as injunctive relief and other claims. The District Court denied the claims and found that, as a matter of law, there was no willful infringement and the doctrine of “fair use” protected Mix Creative’s conduct.
“We are grateful for the court’s attention on this complex and important matter,” Garcia and Chretien said. “The case presented unique issues of fair use in a commercial art school setting and gives guidance for future artists and art instructors.”
The case is Michel Keck v. Mix Creative Learning Center, LLC, et al., case number 4:21-cv-0430, before U.S. District Judge Keith Ellison.
About Greenberg Traurig, LLP – Texas: Texas is important to Greenberg Traurig, LLP and the firm’s history. With approximately 150 Texas lawyers in Austin, Dallas, and Houston, Greenberg Traurig has deep roots in the Texas business, legal, and governmental communities. Greenberg Traurig Texas works with clients to address their interdisciplinary legal needs across the state utilizing the firm’s global platform. The Texas attorneys are experienced in industries key to the state’s future, including: aviation, chemicals, construction, education, energy and natural resources, financial institutions, health care, hedge funds, hospitality, infrastructure, insurance, media, medical devices, pharmaceutical and biotechnology, real estate, retail, sports, technology and software, telecommunications, transportation, and video games and esports.
About Greenberg Traurig: Greenberg Traurig, LLP has more than 2500 attorneys in 43 locations in the United States, Europe, Latin America, Asia, and the Middle East. The firm reported gross revenue of over $2 Billion for FY 2021 and is consistently among the top firms on the Am Law 100, Am Law Global 100, and NLJ 250. On the debut 2022 Law360 Pulse Leaderboard, it is a Top 15 firm. Greenberg Traurig is Mansfield Rule 5.0 Certified Plus by The Diversity Lab and the Center for Resource Solutions Green-e® Energy program certifies that the firm’s U.S. offices are 100% powered by renewable energy. The firm is often recognized for its focus on philanthropic giving, innovation, diversity, and pro bono. Web: www.gtlaw.com.