Los Angeles, CA – ELVH, Inc., a company owned by musician Eddie Van Halen, filed a copyright infringement lawsuit, in the Central District Of California (Los Angeles Division), against sports-giant Nike, Inc. Van Halen created three striped designs which he used on his “Frankenstein” guitars. And he registered the works with the US Copyright Office.
Van Halen accuses Nike of copying his designs and using them on its “Dunk Lows” line of shoes. In addition to its copyright infringement claim, ELVH seeks a constructive trust and an accounting. Plaintiff seeks either actual or statutory damages under 17 U.S.C. § 504, in addition to their costs of the lawsuit and reasonable attorneys’ fees pursuant to 17 U.S.C. § 505. The case is ELVH, Inc. v. Nike, Inc., CV09-04219 CAS (C.D. Cal. 2009).