Indie pop duo Sylvan Esso are suing Ticketfly and its parent company Eventbrite for allegedly using their image on promotional and marketing materials without the band’s permission.
Billboard reports that the ticket company has been using Sylvan Esso’s image since May 2016 without consent. The image in question is blurred, with Nick Sanborn hunched over his keyboard and Amelia Meath on the far left side of the stage. According to the complaint, the setup is “clearly recognizable to fans,” since their stage is arranged this way at every single Sylvan Esso show.
According to documents obtained by Billboard, Sanborn and Meath have reportedly reached out to Ticketfly and Eventbrite and “demanded that [Ticketfly] immediately cease and desist from reproducing, distributing, displaying and otherwise exploiting the image for commercial purposes.” Ticketfly did not remove the images and never responded to their request. Sanborn and Meath were also reportedly “particularly frustrated” with having their likeness associated with Ticketfly following the company’s 2018 data breach, which exposed the personal information of 26 million customers. Billboard reached out to Ticketfly representatives, but they didn’t respond to requests for comment.
Sylvan Esso are seeking $75,000 in damages and demanding that Ticketfly cease using the band’s imagery in all promotional materials.