American pop duo Sylvan Esso have filed a lawsuit against ticket retail website Ticketfly and its associated owner Eventbrite for allegedly using their image without the groups permission. They are seeking more than $75,000 in damages, and forcing the retail site to cease any use of their image.
Ticketmaster allegedly featured a blurred image of Sylvan Esso’s Nick Sanborn hunched over his keyboard with bandmate Amelia Meath on the far left corner of the image. This image, according to the band was instantly recognizable for fans, and allegedly caused the band to become “particularly frustrated” by being associated with the site, since it came under fire in 2018. That year Ticketfly suffered a severe data breach that exposed roughly 26 million customers’ information.
“By letter dated October 19, 2018, [Sylvan Esso]’s counsel sent a letter informing Eventbrite’s General Counsel Samantha Harnett that [Ticketfly] had been using the Band’s image and Concert Persona to market, advertise and promote the services of [Ticketfly] without authorization from [Sylvan Esso],” the complaint reads. lawyer sent a letter that “demanded that [Ticketfly] immediately cease and desist from reproducing, distributing, displaying and otherwise exploiting the Image for commercial purposes.”
They further state that Eventbrite never contacted the group directly in response, and that they sent the plaintiff’s to their Associate general Counsel, Linsey Morrison. This meant that complaints were directed to a website meant to dealt with complaints from creators and clients, but not the ticket sellers themselves.
This complaint further alleges that: “Eventbrite has “failed and refused to respond to [Sylvan Esso’s] demands, and, upon information and belief, they continue to publish and display the Ad and Image to promote, advertise and market [Ticketfly’s] services without [the band’s] consent.”
Despite this lawsuit, the band will be attending the “With” Tour, featuring a plethora of artists such as Hand Habits, Daughter of Swords, Flock of Dimes and Molly Sarlé. Sylvan released their last album What Now? back in 2017 which showed the bands continued adventures through a synth pop soundscape.
“Whether it’s an unnamed character starving for attention on “Kick Jump Twist” or an eccentric relationship and how it relates to the radio on “Radio,” both the lyrics and synthesizers interlock together to make for a curious and satisfying album,” Lauren Doyle concluded in a review for the album.
Photo Credit: Sharon Alagna