This case was last updated from U.S. District Courts on 01/10/2022 at 07:15:48 (UTC).

Jennifer Korsen v. Volkswagen Group of America, Inc. et al

Case Summary

On November 11, 2021, Jennifer Korsen (“Korsen” or “Plaintiff”), represented by Scott A. Burroughs of Doniger Burroughs, filed an intellectual property lawsuit against Volkswagen Group of America, Inc. d/b/a “Audia of America, Inc” (“Audi”), Marvel Entertainment, LLC (“Marvel”) and Does 1 through 10 (collectively with Audi and Marvel, “Defendants”), seeking injunctive relief and damages along with pre-judgment interest for alleged infringement of United States Copyright owned by the Plaintiff. This case was filed in the U.S. District Court in the Central District of California. 

 

The Plaintiff filed this complaint for the alleged infringement of United States Copyright i.e., an original and copyrighted mural on 7th Street and Mateo Street in Los Angeles which became a recognizable and distinct feature of the neighborhood (“Subject Mural”) owned by the Plaintiff.

 

In the complaint, the Plaintiff alleged that “In 2018, the Defendants developed, displayed, and distributed a marketing campaign that inexplicably featured foregrounded depictions of the Subject Mural without Korsen’s authorization or consent. The campaign included a commercial meant to advertise both Audi’s cars and Marvel’s movie “Avengers: Endgame” (the “Infringing Commercial”). The Infringing Commercial was featured widely on Audi’s social media, including on Audi’s official YouTube channel where it garnered more than 850,00 views, on Facebook Live, and at Audi’s keynote address at the LA Auto show on November 28, 2018.”

 

The Plaintiff further alleged that “On information and belief, it is alleged Audi and Marvel unlawfully and without Korsen’s authorization reproduced the Subject Mural in the Infringing Commercial to draw in and engage consumers for Marvel and Audi products through the Subject Mural’s aesthetic appeal and by associating the Subject Mural and Korsen’s reputation as an artist with Audi and Marvel. Defendants, and each of them, have willfully copied, reproduced, and distributed the Subject Mural for financial benefit by, without limitation, reproducing the Subject Mural in the Infringing Commercial as a part of a marketing campaign for commercial benefit, displaying the Infringing Commercial through broadcast on network television and publication to social media and YouTube Channels owned and operated by Defendants.”

 

The Plaintiff also alleged that “Upon information and belief, Korsen alleges that Defendants, and each of them, had access to the Subject Mural, including through the Subject Mural’s prominent public location and display on the streets of Los Angeles, Korsen’s numerous online profiles and features, online publications and press featuring Korsen’s work, Korsen’s social media accounts, and/or through viewing the Subject Mural on third-party websites (e.g., Tumblr, Pinterest, internet search engines, etc.). Upon information and belief, Korsen alleges that Defendants, and each of them, accessed the Subject Mural by, without limitation, viewing the Subject Mural as it was publicly displayed.”

 

There are three claims for relief laid down by the Plaintiff. The first claim is for alleged copyright infringement. The second claim is for alleged vicarious and/or contributory copyright infringement. The third claim is for alleged violations of the 17 U.S.C. §1202.

 

In its prayer for relief, the Plaintiff has requested the Court to order that the Defendants be enjoined from infringing the Plaintiff’s copyrights in and to the Subject Mural, that the Plaintiff be awarded all profits of each of the Defendants, plus all losses to the Plaintiff, plus any other monetary advantage gained by the Defendants through their infringement, that the Plaintiff be awarded its costs and attorneys’ fees, and that each of the Defendants be enjoined from any further use of the Subject Mural, along with such further legal and equitable relief as the Court deems proper.

 

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-08893

  • Filing Date:

    11/11/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Copyright

Judge Details

Presiding Judge

Dolly M. Gee

Referral Judge

Steve Kim

 

Party Details

Plaintiff

Jennifer Korsen

Defendants

Volkswagen Group of America, Inc.

Marvel Entertainment, LLC

DOES 1 through 10

Volkswagen Group of America, Inc. a New Jersey Corporation doing business as Audia of America, Inc.

Does 1-10

Attorney/Law Firm Details

Plaintiff Attorneys

Scott A. Burroughs

Attorney at Doniger Burroughs

603 Rose Avenue

Venice, CA 90291

Frank Trechsel

Attorney at Doniger Burroughs

603 Rose Avenue

Venice, CA 90291

Defendant Attorneys

David E Fink

Attorney at Venable LLP

2049 Century Park East Suite 2300

Los Angeles, CA 90067

Meaghan H. Kent

Attorney at Venable LLP

600 Massachusetts Avenue Nw

Washington, DC 20004

 

Court Documents

#22

(#22) ORDER by Judge Dolly M. Gee Granting Application of Non-Resident Attorney Meaghan H. Kent to Appear Pro Hac Vice on behalf of Defendants Volkswagen Group of America, Inc. and Marvel Entertainment, LLC, designating David E. Fink as local counsel #18 , #20 . (gk) (Entered: 12/20/2021)

#21

(#21) RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Application of Non-Resident Attorney to Appear filed 12/13/2021 #18 . Defendants shall file an amended Application within 14 days of this order. Failure to comply will result in the application being denied and the fees returned by the Clerk. (gk) (Entered: 12/15/2021)

20 #1

Proposed Order

20 #20

Main Document

#19

(#19) NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Meaghan H. Kent to Appear Pro Hac Vice on behalf of Defendants Marvel Entertainment, LLC, Volkswagen Group of America, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32471705) #18 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): The attorney seeking to appear pro hac vice must complete Section 1 of this Application, personally sign, in ink, the certification in Section II, and have the designated Local Counsel sign in Section III. ELECTRONIC SIGNATURES ARE NOT ACCEPTED. See Instructions for Applicants (1) (G-64). (lt) (Entered: 12/14/2021)

18 #1

Proposed Order

18 #18

Main Document

#17

(#17) NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Meaghan H. Kent. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (gk) (Entered: 12/13/2021)

#16

(#16) STIPULATION Extending Time to Answer the complaint as to Marvel Entertainment, LLC answer now due 1/12/2022; Volkswagen Group of America, Inc. answer now due 1/12/2022, filed by defendants Marvel Entertainment, LLC; Volkswagen Group of America, Inc..(Fink, David) (Entered: 12/09/2021)

#9

(#9) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Marvel Entertainment, LLC, Volkswagen Group of America, Inc. (ghap) (Entered: 11/12/2021)

#8

(#8) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) (Entered: 11/12/2021)

#7

(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 11/12/2021)

#6

(#6) NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Steve Kim. (ghap) (Entered: 11/12/2021)

#5

(#5) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Jennifer Korsen. (Burroughs, Scott) (Entered: 11/11/2021)

#4

(#4) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Jennifer Korsen. (Burroughs, Scott) (Entered: 11/11/2021)

#3

(#3) NOTICE of Interested Parties filed by Plaintiff Jennifer Korsen, (Burroughs, Scott) (Entered: 11/11/2021)

#2

(#2) CIVIL COVER SHEET filed by Plaintiff Jennifer Korsen. (Burroughs, Scott) (Entered: 11/11/2021)

#1

(#9) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Marvel Entertainment, LLC, Volkswagen Group of America, Inc. (ghap) (Entered: 11/12/2021)

14 More Documents Available
View All Documents

 

Docket Entries

  • 12/20/2021
  • View Court Documents
  • Docket(#22) ORDER by Judge Dolly M. Gee Granting Application of Non-Resident Attorney Meaghan H. Kent to Appear Pro Hac Vice on behalf of Defendants Volkswagen Group of America, Inc. and Marvel Entertainment, LLC, designating David E. Fink as local counsel #18 , #20 . (gk) (Entered: 12/20/2021)

    Read MoreRead Less
  • 12/15/2021
  • View Court Documents
  • Docket(#21) RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk RE: Application of Non-Resident Attorney to Appear filed 12/13/2021 #18 . Defendants shall file an amended Application within 14 days of this order. Failure to comply will result in the application being denied and the fees returned by the Clerk. (gk) (Entered: 12/15/2021)

    Read MoreRead Less
  • 12/15/2021
  • View Court Documents
  • Docket(#20) APPLICATION of Non-Resident Attorney Meaghan H. Kent to Appear Pro Hac Vice on behalf of Defendants Marvel Entertainment, LLC, Volkswagen Group of America, Inc. (Pro Hac Vice Fee - $500 Previously Paid on 12/13/2021, Receipt No. 32471705) filed by defendants Marvel Entertainment, LLC, Volkswagen Group of America, Inc.. (Attachments: #1 Proposed Order) (Fink, David) (Entered: 12/15/2021)

    Read MoreRead Less
  • 12/14/2021
  • View Court Documents
  • Docket(#19) NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Meaghan H. Kent to Appear Pro Hac Vice on behalf of Defendants Marvel Entertainment, LLC, Volkswagen Group of America, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32471705) #18 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): The attorney seeking to appear pro hac vice must complete Section 1 of this Application, personally sign, in ink, the certification in Section II, and have the designated Local Counsel sign in Section III. ELECTRONIC SIGNATURES ARE NOT ACCEPTED. See Instructions for Applicants (1) (G-64). (lt) (Entered: 12/14/2021)

    Read MoreRead Less
  • 12/13/2021
  • View Court Documents
  • Docket(#18) APPLICATION of Non-Resident Attorney Meaghan H. Kent to Appear Pro Hac Vice on behalf of Defendants Marvel Entertainment, LLC, Volkswagen Group of America, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32471705) filed by defendants Marvel Entertainment, LLC, Volkswagen Group of America, Inc.. (Attachments: #1 Proposed Order) (Fink, David) (Entered: 12/13/2021)

    Read MoreRead Less
  • 12/13/2021
  • View Court Documents
  • Docket(#17) NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Meaghan H. Kent. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (gk) (Entered: 12/13/2021)

    Read MoreRead Less
  • 12/09/2021
  • View Court Documents
  • Docket(#16) STIPULATION Extending Time to Answer the complaint as to Marvel Entertainment, LLC answer now due 1/12/2022; Volkswagen Group of America, Inc. answer now due 1/12/2022, filed by defendants Marvel Entertainment, LLC; Volkswagen Group of America, Inc..(Fink, David) (Entered: 12/09/2021)

    Read MoreRead Less
  • 12/09/2021
  • View Court Documents
  • Docket(#15) NOTICE of Interested Parties filed by Defendant Marvel Entertainment, LLC, Volkswagen Group of America, Inc., identifying Marvel Entertainment, LLC and The Walt Disney Company. (Fink, David) (Entered: 12/09/2021)

    Read MoreRead Less
  • 12/09/2021
  • View Court Documents
  • Docket(#14) NOTICE of Interested Parties filed by Defendant Marvel Entertainment, LLC, Volkswagen Group of America, Inc., identifying Volkswagen Group of America, Inc., Volkswagen AG and Porsche SE. (Fink, David) (Entered: 12/09/2021)

    Read MoreRead Less
  • 12/09/2021
  • View Court Documents
  • Docket(#13) Notice of Appearance or Withdrawal of Counsel: for attorney David E Fink counsel for Defendants Marvel Entertainment, LLC, Volkswagen Group of America, Inc.. Adding David Edward Fink as counsel of record for Volkswagen Group of America, Inc. and Marvel Entertainment, LLC for the reason indicated in the G-123 Notice. Filed by defendants Volkswagen Group of America, Inc. and Marvel Entertainment, LLC. (Attorney David E Fink added to party Marvel Entertainment, LLC(pty:dft), Attorney David E Fink added to party Volkswagen Group of America, Inc.(pty:dft))(Fink, David) (Entered: 12/09/2021)

    Read MoreRead Less
2 More Docket Entries
  • 11/12/2021
  • View Court Documents
  • Docket(#10) INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti) (Entered: 11/12/2021)

    Read MoreRead Less
  • 11/12/2021
  • View Court Documents
  • Docket(#9) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Marvel Entertainment, LLC, Volkswagen Group of America, Inc. (ghap) (Entered: 11/12/2021)

    Read MoreRead Less
  • 11/12/2021
  • View Court Documents
  • Docket(#8) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) (Entered: 11/12/2021)

    Read MoreRead Less
  • 11/12/2021
  • View Court Documents
  • Docket(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 11/12/2021)

    Read MoreRead Less
  • 11/12/2021
  • View Court Documents
  • Docket(#6) NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Steve Kim. (ghap) (Entered: 11/12/2021)

    Read MoreRead Less
  • 11/11/2021
  • View Court Documents
  • Docket(#5) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Jennifer Korsen. (Burroughs, Scott) (Entered: 11/11/2021)

    Read MoreRead Less
  • 11/11/2021
  • View Court Documents
  • Docket(#4) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Jennifer Korsen. (Burroughs, Scott) (Entered: 11/11/2021)

    Read MoreRead Less
  • 11/11/2021
  • View Court Documents
  • Docket(#3) NOTICE of Interested Parties filed by Plaintiff Jennifer Korsen, (Burroughs, Scott) (Entered: 11/11/2021)

    Read MoreRead Less
  • 11/11/2021
  • View Court Documents
  • Docket(#2) CIVIL COVER SHEET filed by Plaintiff Jennifer Korsen. (Burroughs, Scott) (Entered: 11/11/2021)

    Read MoreRead Less
  • 11/11/2021
  • View Court Documents
  • Docket(#1) COMPLAINT Receipt No: ACACDC-32311938 - Fee: $402, filed by Plaintiff Jennifer Korsen. (Attorney Scott A. Burroughs added to party Jennifer Korsen(pty:pla))(Burroughs, Scott) (Entered: 11/11/2021)

    Read MoreRead Less
related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where MARVEL ENTERTAINMENT, LLC is a litigant

Latest cases where Volkswagen Group America, Inc. is a litigant

Latest cases represented by Lawyer Meaghan Hemmings Kent

Latest cases represented by Lawyer David E. Fink