(Credit: The XYZ Shop)

A Waterford-based clothing and accessories company has filed a federal copyright infringement lawsuit against a California business for allegedly stealing a social media video promoting a monk incense waterfall burner.

According to the 10-page lawsuit filed April 11 in U.S. District Court in New Haven, Founders Creek Media claims Gear Supply and its owner, Hank Klinger, posted the video on its Facebook page one week after it was posted on Skulls Lyfe on Facebook on Nov. 12. Skulls Lyfe is a social media profile owned by XYZ Shop, which is part of Founders Creek.

The lawsuit claims that as soon as XYZ Shop posted the video, sales of the incense burner took off. Within less than a week, the video amassed more than 427,000 views and more than 12,000 reactions.

Founders Creek filed a copyright application for the video in December.

Within two days of posting the same video on its own Facebook page in November 2016, Gear Supply achieved 65,000 views, 1,340 shares, 292 comments and 2,000 likes, according to the lawsuit. Viewership of Skulls Lyfe’s video declined because of the infringement, according to the lawsuit.

“Within two days of the defendants’ posting of the infringing video copy, the product linked to video was listed on the Gear Supply Shop as the second best-selling product on the entire site,” according to the lawsuit.

On Dec. 6, 17 days after Gear Supply allegedly posted the video on its Facebook page, Founders Creek submitted “a successful takedown request through Facebook.” While the product is no longer available on the Gear Supply Facebook page, the damage was already done, according to attorney Matthew Wagner, who represents Founders Creek.

“We don’t challenge his [defendant] selling the item, what he did however was steal the hard work of my client’s advertising campaign and the creation of the promotional video,” said Wagner, a partner at Diserio Martin O’Connor & Castiglioni. “My client is very upset that their intellectual property was stolen online. It was copied and used and it represented unfair competition and significantly harmed sales.”

In total, Wagner told the Connecticut Law Tribune Thursday, his client lost “more than tens of thousands of dollars because of this.” Making the matter worse, the video was allegedly on the defendant’s Facebook page during the peak buying time for the 2016 holiday season, Wagner added.

Wagner said his client is seeking “a permanent injunction against the defendant from using that [video] in the future and compensation.”

Wagner declined to say how many monk incense burners were sold by his client. The product sells today for $24.95 on the XYZ Shop website.

While the product is still available on the Gear Supply’s website, Wagner noted, “if you attempt to purchase it, you get an error message and you can’t do it.”

Assisting Wagner on the matter is his colleague, attorney Jane C. Christie.

Gear Supply had not named an attorney as of Thursday. Klinger couldn’t be reached.

Judge Janet C. Hall is presiding over the case.

A Waterford-based clothing and accessories company has filed a federal copyright infringement lawsuit against a California business for allegedly stealing a social media video promoting a monk incense waterfall burner.

According to the 10-page lawsuit filed April 11 in U.S. District Court in New Haven, Founders Creek Media claims Gear Supply and its owner, Hank Klinger, posted the video on its Facebook page one week after it was posted on Skulls Lyfe on Facebook on Nov. 12. Skulls Lyfe is a social media profile owned by XYZ Shop, which is part of Founders Creek.

The lawsuit claims that as soon as XYZ Shop posted the video, sales of the incense burner took off. Within less than a week, the video amassed more than 427,000 views and more than 12,000 reactions.

Founders Creek filed a copyright application for the video in December.

Within two days of posting the same video on its own Facebook page in November 2016, Gear Supply achieved 65,000 views, 1,340 shares, 292 comments and 2,000 likes, according to the lawsuit. Viewership of Skulls Lyfe’s video declined because of the infringement, according to the lawsuit.

“Within two days of the defendants’ posting of the infringing video copy, the product linked to video was listed on the Gear Supply Shop as the second best-selling product on the entire site,” according to the lawsuit.

On Dec. 6, 17 days after Gear Supply allegedly posted the video on its Facebook page, Founders Creek submitted “a successful takedown request through Facebook.” While the product is no longer available on the Gear Supply Facebook page, the damage was already done, according to attorney Matthew Wagner, who represents Founders Creek.

“We don’t challenge his [defendant] selling the item, what he did however was steal the hard work of my client’s advertising campaign and the creation of the promotional video,” said Wagner, a partner at Diserio Martin O’Connor & Castiglioni. “My client is very upset that their intellectual property was stolen online. It was copied and used and it represented unfair competition and significantly harmed sales.”

In total, Wagner told the Connecticut Law Tribune Thursday, his client lost “more than tens of thousands of dollars because of this.” Making the matter worse, the video was allegedly on the defendant’s Facebook page during the peak buying time for the 2016 holiday season, Wagner added.

Wagner said his client is seeking “a permanent injunction against the defendant from using that [video] in the future and compensation.”

Wagner declined to say how many monk incense burners were sold by his client. The product sells today for $24.95 on the XYZ Shop website.

While the product is still available on the Gear Supply’s website, Wagner noted, “if you attempt to purchase it, you get an error message and you can’t do it.”

Assisting Wagner on the matter is his colleague, attorney Jane C. Christie.

Gear Supply had not named an attorney as of Thursday. Klinger couldn’t be reached.

Judge Janet C. Hall is presiding over the case.