Comments Off on Cosplay Designer Yaya Han Settles Copyright Infringement Lawsuit
Atlanta-based cosplay designer Yaya Han settles her copyright infringement lawsuit against Happy Sun Enterprises.
June 23, 2011
Atlanta, Georgia – Travis Tunnell, of the law firm Anderson Dailey LLP, has assisted his client, cosplay designer Yaya Han, in settling a copyright infringement suit against In Bae Park and Happy Sun Enterprises.
The parties entered into a Settlement Agreement, which resolved the 10-month longcopyright infringement dispute that was pending in the Federal U.S. District Court for the Northern District of Georgia. The style of the case was Yaya Han v. Happy Sun
Enterprise, Inc. et al., No. 1:10-cv-02574-TWT.
In August 2010, Mr. Tunnell filed the copyright infringement suit on behalf of Yaya Han, alleging that Happy Sun Enterprises copied Ms. Han’s registered designs and then began selling substantially similar products through its online store and at anime and sci-fi conventions throughout the United States.
During litigation, it was disclosed that on or about July 2007, Happy Sun Enterprises used cat ear products designed by Ms. Han to develop a line of Cosplay Cat Ears products in Korea. Happy Sun then imported approximately 51,225 units of its line of Cosplay Cat Ears products into the United States.
Happy Sun Enterprises sold approximately 17,775 units of Cat Ear products (through wholesale, online sales, and at anime and sci-fi conventions throughout the United States) under the trade names Fandom, Best Anime Shop and Happy Sun Enterprises.The total sales of Happy Sun’s Cat Ears products were estimated at $231,075.
“I only wanted them to stop making and selling items that belonged to me,” Ms. Hanstated when asked why she filed the lawsuit, “it’s not like this is just an individual who made a few of my cat ears at home, this was a massive oversaturation of the market place with nearly identical products that were being sold at half of my prices. It depreciated the inherent value of the product itself which is a high quality, hand-crafted, cosplay accessory that I proudly make in America.”
Although the terms of the Settlement Agreement remain confidential, Happy Sun Enterprise has agreed to cease any further production of Cat Ear products and has consented that the remaining 33,500 units of Cat Ear products shall not be sold.
Travis Tunnell is a registered Patent Attorney practicing in Atlanta, Georgia with the business litigation firm Anderson Dailey LLP. Travis’ practice focuses on Intellectual Property right procurement, enforcement, protection, licensing and litigation. Travis has successfully obtained patents, trademarks, and copyrights for numerous clients, and has substantial experience involving litigation at both the state and federal level. Travis has provided strategic IP and business counsel to a wide range of industries, including software and technology companies, retailers, manufacturers, social media developers, and clothing and costume designers. Mr. Tunnell can be contacted at www.andersondailey.com
Yaya Han had been designing and making cosplay items since 2001, including a unique interpretation of animal ears in plastic, with marabou feather inserts and satin ribbon bows, pearls, flowers, and other decorations, which have become very popular in the anime community. She is also an accomplished costume maker and a well-recognized and respected figure in fandom world.