Copyright Catfight?

On June 2nd, we reported on a case filed by Sophia Boyages (“Boyages”) against the University of Vermont and State Agricultural College (“Defendants” or the "University”) concerning the creation and use of a logo which Boyages claims as hers. On June 6th, 2024, the Defendants filed their Answer to Boyages' allegations, denying most of them or claiming a lack of awareness about some.

The University disputed that Boyages owns all copyright in and has exclusive rights over the contested work. It is important to note that Boyages claimed that her logo was original and not a derivative work. However, the Defendants disagreed with this allegation, denying that the work is original and asserting it is a derivative.

Defendants also denied that Boyages was the only support staff member invited to be part of the working group to create the new logo, or that she worked independently to design it. While the Defendants acknowledged that Boyages presented the logo on January 31, 2023, they denied that the draft was considered a potential new logo. They also admitted displaying the logo as described by Boyages but did not believe such use was unlawful. The University also contested that they need permission to use the logo since they consider it a derivative work and a work for hire, therefore not copyrightable by Boyages.

In addition to the University’s Answer, there have been a few new developments in the case. On June 10, 2024, Boyages’ counsel filed a motion to add two out-of-state attorneys to the case: Loletta Darden, an attorney from Massachusetts, and Marcya N. Betts, an attorney from Washington D.C. Both attorneys work for a law firm specializing in intellectual property law, which could be a valuable asset for Boyages’ case.

Judge William Session, who oversees the case, has set February 6, 2025, as the deadline for all discovery to be completed, with the trial set to start on March 31, 2025. Until then, we will continue to provide updates as significant events unfold.