Stop Frivolous Lawsuit Against Maxwell William Jackson.
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The Color Run Takes College Student to Federal Court Over Facebook Status
Original Filing: https://www.pacermonitor.com/public/case/1775563/Color_Run,_The_v_Jackson
"The Best, the Biggest...The Happiest 5K on the Planet." That's how The Color Run describes themselves to its 2.6 MILLION Facebook fans. This organization is SUING me, a 21 year old college student, for THEIR ILLEGAL USE of MY PHOTOS.
In 2012, I went to The Color Run in Miami with some of my friends from the photography club at Florida Atlantic University where I am a student. We went to photograph the event and after I posted my photos, I was asked by Scott Winn, who identified himself as Photo Director for The Color Run, if they could use some of my photos on their Facebook page and they would give me "photo credit wherever my photos are used."
At the time, I was a new photographer and this amazing new company was offering to feature MY photos on THEIR page! What seemed like a great opportunity was about to take a turn for the worse.
In July of 2013, I walked into a Sports Authority in King of Prussia, Pennsylvania (not exactly close to Miami where the original photos were taken), and was handed a flyer that featured one of MY photos. Not only was this flyer produced WITHOUT my concent, it failed to give me PHOTO CREDIT!
The Color Run continues to use these photos even on their main websites, such as TheColorRun.co.uk, and more international sites.
These photos have been featured by publications like U.S. News, Baltimore Sun Times, and companies like Coca-Cola. Collectively, there are thousands of individual websites all over the WORLD wrongfully using my photos as provided by The Color Run.
I contacted the company to try to be compensated for their misuse of my photos, to no avail. Travis Lyman Snyder, owner and founder of The Color Run, told me he "would rather spend $500,000 on lawyers than be extorted by me."
He later filed a frivolous trademark infringement lawsuit against me in Utah Federal Court (Utah is where The Color Run is based) to sue me into submission.
My father and I worked on this case "pro-se" (representing myself without hiring a lawyer). We also requested counsel from the state of Utah.
On December 23, 2013, I received a letter in the mail saying that my request for counsel was approved and the clerk of the court would be finding me a lawyer.
I now have pro bono counsel, which means I don't have to pay lawyers hourly for their time, however, I still have to come up with between $50,000-$100,000 in fees connected to standing up for my rights. These fees are expenses tied to the case, such as expert witnesses, copies, postage, stenographers, depositions, travel expenses etc.Without this additional funding, The Color Run and their deep pockets will get away with infringing on the copyright and stealing my artwork.
I have no way to come up with this money on my own. As a college student, I am drowning in debt from student loans. But, I don't feel that I should stand by and be bullied allowing my rights violated by people just because they have more money and power than I do.
Please help me get justice and show big corporations that they can't pick on the little guy just because they have more money and resources.
Thank you for your time and support. I appreciate any help (financial, legal advice, etc.) that you can offer. Even if you are unable to donate, please help me by sharing this on social media so that abuse like this can be brought to light.
Thank you, Max Jackson MaxxsPhotography.com
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