Sylvan Esso suing Ticketfly over unauthorized use of their image
Sylvan Esso are suing Ticketfly and parent company Eventbrite for allegedly using their picture on advertisements and promotional materials without permission. Billboard reports that, according to lawyers for the band, an image of Sylvan Esso may have been used since 2016. The ad in question, which was used online and on purchase receipts, uses a blurred-out image of the band that Sylvan Esso contend is “clearly recognizable to fans.” According to the lawsuit, the band tried getting it removed though unofficial channels, to no avail.
The lawsuit also claims that the promotional materials have caused an unwanted association between the band and the ticketing company “whose reputation and image were tarnished by … the data breach” in 2018, “and its aftermath and the Eventbrite shareholder lawsuit.” They’re “particularly frustrated” about that part.
Sylvan Esso’s lawyers sent a letter to Eventbrite’s General Counsel Samantha Harnett on October 19, 2018, writing, “[Ticketfly] had been using the Band’s image and Concert Persona to market, advertise and promote the services of [Ticketfly] without authorization from [Sylvan Esso],” the complaint reads. The band’s attorney sent a letter that “demanded that [Ticketfly] immediately cease and desist from reproducing, distributing, displaying and otherwise exploiting the Image for commercial purposes.” The lawsuit request Ticketfly cease using the band’s image, and are seeking more than $75,000 in damages.
