Ticketfly has been hit with another lawsuit after allegedly using indie duo Sylvan Esso’s image for promotional purposes without their permission.
The band’s lawyers said in a complaint that the Eventbrite-owned ticketing firm has been using an image of Sylvan Esso in advertising since at least May 2016.
The pop duo is seeking an injunction to stop the firm using the photo while also claiming at least $75,000 (£58,890/€66,275) in damages.
The lawsuit accuses both Ticketfly and its parent company of false endorsement, as well as unfair or deceptive trade practices.
The blurred and shadowed image, which the band allegedly asked the firm to take down, features both Nick Sanborn and bandmate Amelia Meath and is “clearly recognisable to fans.”
Sylvan Esso’s complaint also pointed to the dissatisfaction of being associated with Ticketfly “whose reputation and image were tarnished” following the major data breach it incurred last year that affected around 27 million accounts.
Earlier this week, a class action lawsuit filed against Eventbrite over last year’s data hack was dismissed in an Illinois court, with claimants given until July 9 to file an amended suit.