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Eventbrite sued over Ticketfly promotional photo

By | Published on Friday 7 June 2019

Sylvan Esso

Having successfully fought off a lawsuit over the Ticketfly data hack (for now at least), ticketing company Eventbrite is facing new litigation that is again related to its Ticketfly division. Yes, again again! This one relates to a photo of the indie pop duo Sylvan Esso that Ticketfly has used on promotional material, seemingly without permission.

According to Billboard, the duo’s lawsuit alleges that Ticketfly has been using a photo of them performing in its advertising since May 2016. Although the image is blurred, they say that it is clearly recognisable that it is them in the picture and, therefore, the use of the photo constitutes false endorsement and unfair or deceptive trade practices.

The lawsuit goes on to say that the band requested that the ticketing firm stop using the photo in all its marketing activity, but that those requests were ignored. It then adds that the implied tie-up between them and Ticketfly was particularly frustrating during that big data hack last year, when there was quite a backlash against the ticketing outfit.

The band is now seeking an injunction forcing Ticketfly to stop using the photo while also claiming at least $75,000 in damages.