Hornet logo designer claims that school district has breached its contract and infringed his work
On January 3, 2022, Michael James Otto ("Otto") filed suit against Minnesota Independent School District No. 273 (the "District"), claiming that the District violated the longstanding copyright permissions agreement that governed the District's use of a hornet logo designed by Otto (the "Logo").
Otto's Complaint alleges that he and the District entered into a contract on August 5, 1981, allowing the District's Athletic Department to use the Logo, but requiring written permission from Otto for specific uses. Between 1981 and 2019, the District apparently sought and received Otto's permission for each new use of the Logo. However, according to Otto, during the 2019–20 school year, the District began allowing third parties to use the logo, without Otto's permission, on merchandise and athletic apparel.
Otto claims that these uses infringe his registered copyright in the Logo and constitute a breach of contract and unjust enrichment. Otto purports to have repeatedly warned the District that the uses were a breach of contract and an infringement of his copyright, but he alleges that the District has continued its actions.
In his Complaint, Otto requests a jury trial and seeks injunctive relief, impoundment and destruction of infringing articles, and enhanced statutory damages. The District has not yet responded to the Complaint, but we will provide updates when they become available.