Handsome Music, LLC has filed a complaint of copyright infringement against eToro USA, LLC, Finance Magnates has learned, regarding the use of certain musical work in one of the advertisements.
According to a document filed through the United States District Court for the Central District of California, Handsome Music is accusing eToro of using its musical work entitled “Long Gaze” without permission.
As some readers might be aware, eToro has featured an ad starring renowned actor Alec Baldwin, who showcases the trading provider’s application for mobile devices. The commercial, in particular, is titled “Too Busy to Trade on Your Own? Discover Copy Trading on eToroTM” on YouTube.
This add was published “on or around October 29, 2019” the complaint states and, according to Handsome Music, features the Long Gaze musical work in the background whilst Baldwin is showcasing the app.
The plaintiff outlines in its complaint that it was granted copyright registration for Long Gaze on the 26th of November 2019 (registration number SR 865-828), with an effective date of registration from the 17th of March 2020.
The complaint alleges eToro violated the Copyright Act
“Defendants have infringed Plaintiff’s copyrights in the “Long Gaze” musical work in violation of the Copyright Act, 17 U.S.C. §§ 106 and 501, by reproducing the work in Defendants’ commercial without the consent, approval or license of Plaintiff, and by continuing to distribute, display and copy the material publicly online and through advertising without the consent, approval or license of Plaintiff,” Handsome Music outlined in the complaint.
Furthermore, the Plaintiff claims that, as a direct and proximate result of the alleged infringement, it is entitled to eToro’s profits that can be attributed to the infringement, as well as attorneys’ fees and full costs.
“As a direct and proximate result of the foregoing acts and conduct, Plaintiff has sustained and will continue to sustain substantial, immediate, and irreparable injury, for which there is no adequate remedy at law,” Handsome music continued in the complaint.
“Plaintiff is informed and believes and, on that basis, avers that unless enjoined and restrained by this Court, Defendants will continue to infringe Plaintiff’s rights in the “Long Gaze” musical work. Plaintiff is entitled to preliminary and permanent injunctive relief to restrain and enjoin Defendants’ continuing infringing conduct.”
Finance Magnates has reached out to eToro for comment. As of the time of publishing, we have not yet received a response.