A motorcycle accident attorney who was among the plaintiffs in a federal lawsuit against the motorcycle manufacturer that makes the Honda CR-V says he is planning to sue the company for using a copyrighted image in its advertising.
In the suit filed last month in the U.S. District Court for the District of Connecticut, Matthew McBride argues that the CR-T has been used as a vehicle advertisement by motorcycle manufacturer Kawasaki for years without his permission, even though he’s been using it since 1999.
McBride was one of the plaintiffs who sued Kawasaki in 2014, saying the company had illegally used the CRT in its ads.
McBride said he received an email last week from Kawasaki asking him to send a letter to the company, and said he’d look into the matter.
“I am not sure what to make of it, and I think it’s just another way of using the CR,” McBride told Ars.
“They’re trying to make a little bit of money off of it,” McBrides lawsuit continued.
“I’ve been using this bike since 1999, and since then I’ve never had an accident.”
McBride has been using the Honda for about six years and has no accidents on the motorcycle.
In his lawsuit, McBride said Kawasaki used the image in advertisements from 1999 to 2017.
“It’s clear that Kawasaki has copied and pasted the CR image in an attempt to promote the CR model,” the suit said.
McBrides claims the CR has been on display at motorcycle shows, on the Internet, and on billboards, including in the city of New Haven, Connecticut.
Mcbrides said he contacted the company’s advertising and public relations department to request that it remove the image.
“Unfortunately, they didn’t have the authority to do that,” Mcbrides’ lawsuit said.
“Instead of sending me a letter, they sent me a cease and desist letter,” McConway said.
“It seems that if you do a search on their website, it turns up an entire ad for the CR.”
McConway also contacted the American Automobile Association and said that the association did not support Kawasaki’s use of the CR as a marketing tool.
The association said it has a policy against commercial use of copyrighted images.
“The association’s policy prohibits commercial use, or any use that is likely to be harmful, of copyrighted material, such as photographs, sound recordings, artwork, and video clips,” the association said in a statement.
The CR-X is one of Kawasakis newest motorcycles.
It’s available in four colors: white, red, blue, and green.
McConways lawsuit also alleges that Kawakis advertisements are being used in an ad for an ad blocker program called ProGuard, which McBride believes is part of a marketing campaign by the motorcycle company.
McConnell said the ads are being displayed in the United Kingdom, Australia, South Africa, Japan, and India.
McBRides lawsuit seeks unspecified damages, attorneys fees, and unspecified punitive and compensatory damages.