Global law firm Greenberg Traurig, LLP helped secure a summary judgment victory for Houston art studio Mix Creative Learning Center, LLC in a copyright and trademark dispute brought forward by mixed-media artist Michel Keck in the U.S. District Court for the Southern District of Texas, Houston Division.
“I am so grateful to Greenberg Traurig Shareholders Roland Garcia and Mark Chretien for all of their help, knowledge, and kindness,” said Jacqueline Kenneally, owner of Mix Creative. “This result is an enormous relief for ArtMix and me, as well as other art teachers and artists everywhere. Thanks to their good work, I can resume teaching my students about artists from around the world, continuing to give them full credit for their inspiration with more joy again after this nearly two-year-long journey.”
The case centered on claims of copyright and trademark infringement based on Mix Creative’s use of Keck’s Dog Art in art kits sold by the studio online. Keck’s lawsuit argued for statutory damages for willful infringement in an amount up to $150,000 for each of the six copyrighted works at issue under the Copyright Act, as well as injunctive relief and other claims. The District Court denied the claims and found that, as a matter of law, there was no willful infringement and the doctrine of “fair use” protected Mix Creative’s conduct.
“We are grateful for the court’s attention on this complex and important matter,” Garcia and Chretien said. “The case presented unique issues of fair use in a commercial art school setting and gives guidance for future artists and art instructors.”
The case is Michel Keck v. Mix Creative Learning Center, LLC, et al., case number 4:21-cv-0430, before U.S. District Judge Keith Ellison.
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