Q –and then tripled the amount after they tried to come to an agreement with you? Are you kidding?
A-Yes I did, after I was ready to settle and have settlement paperwork sent out to The Color Run, I was contacted by Michael Ward of The Color Run and he told me that they would not be able to offer the 60 days on bottom of their website which he had previously agreed. At that point I stated that I was no longer comfortable with this settlement offer and that I would have to think about it.
Michael, knowing that my major concern here was the recognition I was promised in the joint venture of the original contract and license of the photos, knew that throwing money at me was not going to fix the fact millions of my images were reproduced in print and electronically.
I was told that I had until mid day the next day to accept their offer of $30,000 and a social media shoutout. And there would be no way to insure the photos would be used correctly in the future. When this was said, I would bet Michael was able to hear it in my breath, that this was not going to work. When in fact all of this was about the contract they entered into to help grow my photography business as I was able to help them spread my happy photos around the world twice over.
Later that day I was served with a lawsuit from another firm (Stoel Rives) at the instruction of Travis Lyman Snyder to sue me for trademark infringement saying I never worked for them, when I posted on Facebook that I did indeed work @ The Color Run. I was told that I had until mid day the next day to accept their offer of $30,000 and a social media shoutout.
In these case documents Stoel requested that the judge grant The Color Run 3 times the amount of money I generated by wrongfully using The Color Run’s Trademark in my Facebook employment status? So I figured that was the craziest thing I had ever read because I was not making anything but the check they were writing me to set up and break down everts and going to school. If I was now going to invest the next 3 or 4 years defending a trademark case and pursuing a contract and copyright case I need to up the # because right now I am doing this when I should be studying for midterms.
The $300,000 comes from that (3x) figure applied towards my original settlement offer, because after The Color Run used my photos worldwide, they sued me when I would not take their money. As well as the case filing saying that The Color Run had “fair use” of my photos, requesting that the court rule that they should be the owners of the copyright to my photos. I needed to make clear that money was never the goal, knowing well and good that dollars and cents are the only languages that huge corporations speak.