Case number 4:21-cv-0430 Setting The Record Straight

Case number 4:21-cv-0430 Setting The Record Straight

The following blog post originated as a direct response to the public press release issued by the law firm Greenberg Traurig concerning the federal litigation titled Michel Keck v. Mix Creative Learning Center, LLC, et al., Case No. 4:21-cv-0430, presided over by the Honorable U.S. District Judge Keith Ellison.

This case centered on the unauthorized commercial exploitation of my copyrighted artwork and the unlawful use of my federally registered trademark, "Michel Keck," through the creation and sale of derivative, low-quality art kits. These kits featured altered versions of my original Boston Terrier artwork and made unauthorized use of my trademarked name—constituting what attorneys at Higbee & Associates confirmed to me were clear violations of federal copyright and trademark laws, and conduct that may potentially be deemed willful infringement under applicable legal standards.

What began as a matter of intellectual property infringement evolved into a deeply troubling issue of legal ethics and professional accountability. The very law firm retained to zealously defend my rights—including most importantly my federally registered trademark—proceeded, without my knowledge, authorization, or informed consent, to waive or relinquish those trademark protections in court filings. That same firm then vigorously encouraged me to pursue an appeal, repeatedly affirming their confidence in the strength of my legal position. Yet, when the opposing party filed a motion for attorneys’ fees and sought to hold my counsel jointly liable for costs associated with the failed appeal, the firm abruptly altered course. In an apparent effort to insulate themselves from financial liability, they turned inward—seeking to distance themselves from the consequences of their own strategic guidance by redirecting responsibility squarely onto me, their client. This series of actions raises serious concerns regarding breach of fiduciary duty, professional negligence, and the ethical obligations attorneys are bound to uphold under the law.


Willful Infringement or Fair Use?

Let me be very clear: Before Higbee & Associates proceeded with this case on my behalf, my husband and I were told that this was indeed a case of trademark and copyright infringement and perhaps would be seen willful in the court's eyes.   My copyrighted works were used without my permission. My trademarked name was attached to commercial products I had no involvement in and never authorized. This was done for someone else’s profit — at the expense of my brand and reputation.  The court record proves that Higbee and Associates provided ample documentation to the court that they were defending not only my registered copyrights by my registered trademark Michel Keck. (screen captures of court documents provided below).


What Really Happened

In 2020, I discovered that a website was selling “Michel Keck” art kits for dogs, cats, and other animals — each priced at $40. While most references online only mention the “dog art kits,” the truth is that there were also “cat” and “other animal” kits being sold under my name — none of which I ever authorized.

At the time, I believed this broader scope of infringement, besides just the infringement of my dog images would be addressed through legal channels, but to the best of my knowledge, I do not believe the full extent of the unauthorized use — especially regarding the cat and other animal kits — was ever properly brought to light.  We were told they would be.


The Disgraceful Reality Behind the Michel Keck Art Kits Being Sold

My nephew visited the Artmix website intending to purchase one dog kit and one cat kit for us to review. Due to a mix-up, he accidentally ordered two dog kits instead. Before we could rectify the error or examine the cat and other animal kits, the website was taken offline. Although we requested that our legal team obtain records of these kits, to our knowledge, no such information was ever provided.

When the dog kits finally arrived, the contents were shockingly substandard. The art supplies included were of extremely poor quality—cheap materials wholly inadequate to replicate, let alone honor, the vibrant, intricate derivative of my original dog artwork that had been deceptively shown as the “sample” used to market the Michel Keck dog art kits.

This was not a product I would ever create, endorse, or associate with my brand. Instead, what was being distributed under my name was a shoddy, misleading imitation, utterly devoid of the craftsmanship, integrity, or artistic value that define my brand. Quite frankly, it was an embarrassment and a blatant affront to my trademark's reputation.

The two photographs below reveal the entire contents of the cardboard box sent as Michel Keck dog art kits—an undeniable testament to the low-quality and misrepresentation perpetrated under the guise of my name.

this is willful infringement NOT fair use

The above images are exactly what someone received if they purchased two Michel Keck dog art kits.   Cost: $80.00.


It Wasn’t Just Dog Kits…

Below this post, I’ve included screenshots taken from the Internet Archive’s Wayback Machine, which show that “Michel Keck” art kits were offered not just for dogs, but also for cats and other animals. I create original artwork across all of these categories, and no one had permission to sell these works under my name in any form.


Comments

  • Posted by sheila keck on

    I am proud of you for saying something to defend yourself because I know alot of people are trying to make you afraid to speak up for yourself right now. You have every right to defend yourself and don’t forget it! The law isn’t for innocent people anymore it is for the people who have the most power. I raised you right and to do the right things too bad other mothers didn’t do the same.

  • Posted by Melicia Evans on

    While I have no problem with teaching a style. There is so much overlap today. It’s difficult to believe that using and profiting off of your name and prints isn’t illegal. It certainly should be challenged. I teach kids art and we will often do projects on other artists styles. I could never imagine how this would be okay. I’m sorry this happened to you. I’m not surprised someone did this. I am surprised how it played out.

  • Posted by Kristi Yapp on

    There is so much evidence here! The outrage is the lack of justice. What becomes of citizens when they do not have the protection of the court? This story is so much bigger than stolen artwork – this is about the means by which the system controls our actions and punishes dissent.

    Reading this, I feel the outrage. Having met you, I also understand the wounds that you have suffered in this fight.

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