This case was last updated from PACER on 09/11/2021 at 06:48:55 (UTC).

Vanngo v. Beauty Advisor, LLC et al

Case Summary

On September 10, 2021, Hung Vanngo (“Vanngo” or “Plaintiff”), represented by Mathew Higbee of Higbee and Associates, filed an intellectual property lawsuit against Beauty Advisor, LLC (“Beauty Advisor”) and DOES 1 through 10 inclusive (collectively, the “Defendants”). Plaintiff filed suit seeking injunctive and compensatory relief along with disgorgement of profits, and prejudgment and postjudgment interest, for Defendant’s alleged infringement of Plaintiff’s copyrighted photographs by copying and publicly displaying the photographs on the Beauty Advisor Platform, without Plaintiff’s consent or authority. This case was filed in the U.S. District Court in the Northern District of California with Judge Jon S. Tiger presiding. 

 

In the complaint, Plaintiff alleged that, “Vanngo is the exclusive rights holder to 15 photographs including three photographs of model Emily Ratajkowski (“Ratajkowski Photographs”), two photographs of singer Selena Gomez (“Gomez Photographs”), two photographs of model Elsa Hosk (“Hosk Photographs”), one photograph of actress Annabelle Wallis (“Wallis Photograph”), one photograph of model Jasmine Sanders (“Sanders Photograph”), one Photograph of model Joan Smalls (“Smalls Photograph”), one photograph of model Taylor Hill (“Hill Photograph”), one photograph of model Jasmine Tookes (“Tookes Photograph”), one photograph of actress Sophie Turner (“Turner Photograph”) and one photograph of actress Kate Bosworth (“Bosworth Photograph”).” “Defendant Beauty Advisor operates a platform for the community, where skilled experts share the results of their work and are ready to answer questions.”

 

Plaintiff further alleged that, “On or about January 2021, Vanngo discovered a beauty professional profile on the Beauty Advisor platform purporting to be of Vanngo.” “The profile had over 1,000 followers, contained a description of Vanngo’s professional accomplishments, and contained a section for users to solicit “pro advice.” “The profile also contained a gallery of images which included the Photographs.”

 

Plaintiff also alleged that, “Vanngo had never signed up for a profile on Beauty Advisor.” “Vanngo did not authorize Beauty Advisor to use his image or likeness to promote the Beauty Advisor platform, nor did Vanngo authorize Beauty Advisor to display any of the Photographs on its platform.” “Vanngo is informed and believes that Beauty Advisor knowingly and intentionally created the fake profile using Vanngo’s image and likeness in order to attract users to its platform.”

 

Plaintiff lists out three claims for relief. The first claim is for the Copyright Infringement under 17 U.S.C. § 101 et seq. The second claim is for False Impersonation on Internet Websites under Cal. Penal Code § 528.5, and the third claim is for Right of Publicity violation under Cal. Civ. Code §3344.

 

In his prayer for relief, Plaintiff requested the court for an award of actual damages and disgorgement of all of Defendant’s profits attributable to the infringement or, in the alternative, at Plaintiff’s election, an award for statutory damages against Defendant in an amount up to $150,000 for each infringement, whichever is larger. Plaintiff also requested the court for compensatory damages in an amount equal to or greater than seven hundred fifty dollars ($750) for each unauthorized use of Plaintiff’s names or photographs, or actual damages suffered by Plaintiff. Further, Plaintiff requested the court award compensatory damages and injunctive relief, along with “any other civil remedy available,” including but not limited to an award of costs, reasonable attorneys’ fees, and punitive damages, pre- and post-judgment interest. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-07035

  • Filing Date:

    09/10/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Copyright

Judge Details

Presiding Judge

Jon S. Tigar

 

Party Details

Plaintiff

Hung Vanngo

Defendants

Beauty Advisor, LLC

DOES 1 through 10 inclusive

Attorney/Law Firm Details

Plaintiff Attorney

Mathew Higbee

Attorney at Higbee and Associates

1504 Brookhollow Drive, Suite 112

Santa Ana, CA 92705

 

Court Documents

#5

(#5) NOTICE of Appearance by Mathew Higbee (Higbee, Mathew) (Filed on 9/10/2021) (Entered: 09/10/2021)

#3

(#3) Certificate of Interested Entities by Hung Vanngo re #1 Complaint (Higbee, Mathew) (Filed on 9/10/2021) (Entered: 09/10/2021)

#2

(#2) Proposed Summons. (Higbee, Mathew) (Filed on 9/10/2021) (Entered: 09/10/2021)

1 #2

Civil Cover Sheet

1 #1

Exhibit A-C

#1

(#1) COMPLAINT against Beauty Advisor, LLC, DOES 1 through 10 inclusive ( Filing fee $ 402, receipt number 0971-16377477.). Filed byHung Vanngo. (Attachments: #1 Exhibit A-C, #2 Civil Cover Sheet)(Higbee, Mathew) (Filed on 9/10/2021) (Entered: 09/10/2021)

 

Docket Entries

  • 09/10/2021
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  • Docket(#5) NOTICE of Appearance by Mathew Higbee (Higbee, Mathew) (Filed on 9/10/2021) (Entered: 09/10/2021)

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  • 09/10/2021
  • Docket(#4) Case assigned to Judge Jon S. Tigar. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (haS, COURT STAFF) (Filed on 9/10/2021) (Entered: 09/10/2021)

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  • 09/10/2021
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  • Docket(#3) Certificate of Interested Entities by Hung Vanngo re #1 Complaint (Higbee, Mathew) (Filed on 9/10/2021) (Entered: 09/10/2021)

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  • 09/10/2021
  • View Court Documents
  • Docket(#2) Proposed Summons. (Higbee, Mathew) (Filed on 9/10/2021) (Entered: 09/10/2021)

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  • 09/10/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Beauty Advisor, LLC, DOES 1 through 10 inclusive ( Filing fee $ 402, receipt number 0971-16377477.). Filed byHung Vanngo. (Attachments: #1 Exhibit A-C, #2 Civil Cover Sheet)(Higbee, Mathew) (Filed on 9/10/2021) (Entered: 09/10/2021)

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