Maine Artist's Single Claim of Copyright Complaint Against eBay Survives Motion to Dismiss

The district court in Maine partially granted eBay’s motion for dismissal of an artist’s claims that the company enabled foreign counterfeiters to use their marketplace to trade in copies of her designs and to use her copyrighted photos of the products, which also included her children as the models.

Ellen Okolita, began sewing bird costumes for children, and she turned her creative endeavor into a business on Etsy where she has sold around 8,000 costumes for children. Her Etsy advertisements include photos of her children wearing the bird costumes, which are sold all over the world.

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