![]() They’re a parody and comment on Solo’s brand and it may be hard for Solo to prove otherwise in court. While Solo sells Jazz pattern-themed merchandise on its own store, and Locke’s ceramic pieces could theoretically be mistaken for official company products, according to a copyright expert, the ceramic cups probably fall under fair use. “Accordingly, your account has been deactivated and you are no longer permitted to use Instagram. “We previously warned you that if you continued to infringe the rights of third parties, we would terminate your account,” Instagram told Locke in an email. ![]() Locke also appealed to Instagram to no avail. “We can assure you that we are in the process of remedying the other infringing items and that your items are not being singled out.” “Dart Container appreciates its passionate community of fans,” the company said. “Can we call a truce? I can’t undo what I’ve done, and don’t want to lose my entire account over it.”ĭart Container, which acquired Solo Cup Company in 2012, responded to Locke by telling him he wasn’t being singled out. ![]() “I have been sorely mistaken in thinking it was so ubiquitous that I wasn’t doing any harm in making some pottery,” Locke said in an email to Solo’s lawyers. He pointed out that there are hundreds of Etsy stores and listings on Amazon emblazoned with the Jazz pattern. Locke reached out to both Instagram and Solo to try to resolve the situation. ![]()
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