Helbiz had ICO in 2018.
Helbiz coin holders lost their money.
Now Helbiz listed on NASDAQ.
Helbiz coin investors filed a class-action case against Helbiz on June 19, 2020.

The Helbiz coin is a security - court desicion: on January 22, 2021

Helbiz may face a Federal Securities Fraud case

Helbiz has been sued. They violated the copyrights of the Museum of Graffiti.

November 15, 2021 in New York Southern District Court opened case against Helbiz, Inc.
Look at the information about the case at DocketBird. Look the compliant at 7 pages here.

It's not the first time when Helbiz used materials to promote itself without permission. As you remember, in September Helbiz used the Santa Barbara logo, which Santa Barbara County called "blatant misuse to endorse your product launch".

Helbiz’s unlawful conduct was not just limited to fraudulent cryptocurrency schemes. Without obtaining or seeking any permission from the Museum of Graffiti, Helbiz created an advertisement using the Mural as the featured key art (“the Infringing Advertisement”), as shown below.

When contacted about this infringement, Helbiz raised several frivolous defenses, denied liability, and thereafter snubbed the Museum of Graffiti’s attempts to discuss a potential resolution.

NATURE OF THE ACTION:

1. The Museum of Graffiti is a museum located in the Wynwood neighborhood of Miami, Florida that commissions and showcases the work of well-known street artists. The Museum of Graffiti celebrates the history of graffiti and its growing popularity in advertising, fashion, and design. It boasts indoor and outdoor exhibitions, a fine art gallery, and a gift shop which includes limited edition merchandise and exclusive items from the world’s most talented street artists.

2. The Museum of Graffiti regularly commissions artists to create murals for its exhibitions. One of its most iconic murals, Fame City (the “Mural”), is shown below.



4. Helbiz’s unlawful conduct was not just limited to fraudulent cryptocurrency schemes. Without obtaining or seeking any permission from the Museum of Graffiti, Helbiz created an advertisement using the Mural as the featured key art (“the Infringing Advertisement”), as shown below.



5. The Museum of Graffiti asserts claims for copyright infringement under the United States Copyright Act, 17 U.S.C. § 101, et seq. (the “Copyright Act”). It seeks actual damages, injunctive relief, and other relief as the Court deems just and proper.

Update from December, 17
Museum of Graffiti LLC filed NOTICE of Settlement.

PARTIES, JURISDICTION, AND VENUE:

6. This is an action for copyright infringement under the Copyright Act. The Court has subject matter jurisdiction pursuant to 17 U.S.C. § 501 and 28 U.S.C. §§ 1331 and 1338 and supplemental jurisdiction pursuant to 28 U.S.C. § 1367.

7. The Court has personal jurisdiction over Helbiz pursuant to Fed. R. Civ. P. 4 and N.Y. C.P.L.R. §§ 301 and 302(a).

8. Helbiz is a corporation organized under the laws of Delaware with a principal place of business at 32 Old Slip New York, New York 10005. Helbiz does systematic business in New York and in this District; maintains its global headquarters in this District; regularly does or solicits business in New York and in this District; derives substantial revenue from goods sold or services rendered in New York and in this District; and derives substantial revenue from interstate commerce.

9. The Museum of Graffiti is a corporation organized under the laws of Florida with a principal place of business at 299 NW 25th Street, Miami, FL 33127. The Museum of Graffiti owns the copyright in the Mural and has satisfied the requirements of 17 U.S.C. §§ 411(a) prior to filing this Complaint.

10. Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(b) and 1400 because Helbiz does substantial business in this District, may be found, and is subject to personal jurisdiction here.

FACTUAL BACKGROUND:

11. In 2019, the Museum of Graffiti commissioned the renowned street artists MAST, CES, YES2, and DOVES to create the Mural to be displayed as one of its outdoor exhibitions and sold as a limited edition print.

12. The Museum of Graffiti owns the copyright in the Mural and obtained federal Copyright Registration No. VA0002274722 for Fame City.

13. In the summer of 2021, the Museum of Graffiti discovered that Helbiz used the Mural in the Infringing Advertisement on its founder and CEO Salvatore Palella’s official Instagram feed to promote its company without authorization.

14. Helbiz regularly creates advertisements showcasing its products in cities where Helbiz vehicles are present. According to Alessandra Pollo of Helbiz’s Business Development team, the idea behind the Infringing Advertisement was to represent the different neighborhoods in Miami – including Wynwood, where the Museum of Graffiti is located.

15. Helbiz’s use of the Mural has been willful. Helbiz deliberately chose the Mural as the featured backdrop for the Infringing Advertisement and used carefully staged shots of its scooter in front of the Mural in the Infringing Advertisement. Helbiz did this knowing the recognition that graffiti art and the Museum of Graffiti in particular have in Wynwood. However, Helbiz cannot unfairly capitalize on the street art culture that is unique to Wynwood to sell its services without properly compensating the owner of the Mural.

16. Helbiz used the Mural without any consent or license from the Museum of Graffiti. According to Ms. Pollo, no research was done as to the ownership of the Mural. Helbiz knew or should have known that the Museum of Graffiti required a licensing fee for use of its works, including the Mural. Helbiz should have contacted the Museum of Graffiti and paid a proper license before using the Mural.

17. Helbiz and Mr. Palella are no strangers to thievery: they are also currently facing allegations of participation in a cryptocurrency “pump and dump” scheme where they allegedly deceived various individuals into purchasing the HelbizCoin cryptocurrency with the false promise that it would be the exclusive payment method for the Helbiz transportation rental platform.

18. As of the date of this filing, the Infringing Advertisement is still being displayed despite Helbiz receiving notice of its copyright infringement.

19. The Museum of Graffiti has been significantly damaged by Helbiz’s unlawful use of the Mural and has been forced to file this action to protect its rights.

20. When contacted about this infringement, Helbiz raised several frivolous defenses, denied liability, and thereafter snubbed the Museum of Graffiti’s attempts to discuss a potential resolution.

FIRST CLAIM FOR RELIEF COPYRIGHT INFRINGEMENT - 17 U.S.C. § 501, et seq.:

21. Plaintiff repeats and realleges each and every allegation set forth in paragraphs 1 through 20 above, and incorporates them herein by this reference.

22. Plaintiff is the legal owner of all right, title, and interest in the Mural. Plaintiff is the legal owner of the copyright in that work.

23. Defendant has copied, reproduced, distributed, adapted, and/or publicly displayed elements of the Mural without the consent, permission, or authority of Plaintiff.

24. Defendant’s conduct constitutes infringement of Plaintiff’s copyright and exclusive rights in violation of sections 106 and 501 of the Copyright Act.

25. Defendant’s acts of infringement have been willful, intentional, purposeful, and in reckless disregard of and with indifference to the rights of Plaintiff.

26. As a result of the infringement that began in and stemmed from the United States, Plaintiff has and will continue to suffer damages in the United States and around the world.

27. As a result of the infringement that began in and stemmed from the United States, Defendant has unlawfully profited in the United States and around the world.

28. Plaintiff is entitled to its actual damages related to the infringement both in the United States and around the world, pursuant to 17 U.S.C. § 504.

29. Defendant’s acts have caused and will continue to cause irreparable harm to Plaintiff unless restrained by this Court. Plaintiff has no adequate remedy at law.

20. When contacted about this infringement, Helbiz raised several frivolous defenses, denied liability, and thereafter snubbed the Museum of Graffiti’s attempts to discuss a potential resolution.

PRAYER FOR RELIEF:

WHEREFORE, Plaintiff prays for relief against Defendant as follows:

1. Awarding Plaintiff its actual damages in connection with Defendant’s willful copyright infringement;

2. Granting an injunction that permanently restrains and enjoins Defendant from copying, reproducing, distributing, adapting, and/or publicly displaying the Mural or any elements thereof;

3. Awarding Plaintiff interest, including prejudgment interest, on the foregoing sums; and

4. Awarding Plaintiff such other and further relief as the Court may deem just and proper.

PRAYER FOR RELIEF:

DEMAND FOR JURY TRIAL:

Plaintiff demands a trial by jury in this action of all issues so triable.