Unauthorized Artwork on Craft Beer Cans — Federal

Copyright registration and mural deposit copy

Chen registration TXu 2-414-889 covers "River Spirits" with deposit images showing the blue heron, spiral wave pattern, and copper sun elements. The defense argues copyright protects expression, not general river or bird themes. Trial use: Establishes ownership and protected mural elements, while the defense can argue copyright does not cover general river or bird ideas. Foundation: A custodian, author, recipient, or investigator should authenticate when it was made, how it was preserved, and how it connects to the disputed event. Cross-examination focus: Scope Dispute.

Beer label artwork and sales samples

The River Haze label uses a blue heron facing left, spiral wave marks, and copper sunbursts in a composition similar to the mural center. The brewery sold 60,000 cans across Ohio and Kentucky. Trial use: Shows the accused commercial label and distribution scale, but substantial similarity and profit attribution remain contested. Foundation: A collecting officer or evidence custodian should identify where it was found, how it was packaged, and each chain-of-custody handoff. Cross-examination focus: Relevance Dispute FRE 401.

Designer source files and metadata

Adobe files show designer Liam Brooks began the label three days after a brewery photoshoot at the mural. Hidden layers include a reference photo named "mural-wall-select.jpg." Brooks says it was used only for color palette inspiration. Trial use: Supports access and possible copying through source-file metadata, while the designer can characterize the mural image as palette inspiration. Foundation: A custodian, author, recipient, or investigator should authenticate when it was made, how it was preserved, and how it connects to the disputed event. Cross-examination focus: Authentication FRE 901; Prejudicial Impact FRE 403.

Neighborhood event permit and release form

Chen signed a permit allowing photos of the public mural during a neighborhood art walk sponsored by Rivertown. The form permits event promotion but does not mention product packaging or merchandise. Trial use: Helps define any implied license from the art-walk event, while its silence on packaging supports the artist limitation argument. Foundation: A custodian, author, recipient, or investigator should authenticate when it was made, how it was preserved, and how it connects to the disputed event. Cross-examination focus: Contract Interpretation.

Damages and profits report

Chen expert calculates $186,000 gross revenue and $61,000 net profits tied to River Haze sales. Rivertown argues sales were driven by flavor, distribution, and seasonal demand, not label art. Trial use: Quantifies revenue and alleged attributable profits, but the brewery can attack consumer-causation assumptions and allocation methods. Foundation: The sponsoring expert should explain qualifications, source data, method, assumptions, and whether the opinion reliably fits the disputed issue. Cross-examination focus: Expert Qualification FRE 702; Causation Dispute.