Warner Music Group has filed a copyright infringement lawsuit in a United States federal court in New York against eyewear companies owned by EssilorLuxottica, alleging unlicensed use of at least 427 recordings and compositions in social media content.
Plaintiffs include Atlantic Music Group and Warner Chappell. The defendants named in the suit are:
- Luxottica Group
- Oakley
- Eye Buy Direct
- Costa Del Mar
The filing states that the defendants “are all companies in operation for and service of EssilorLuxottica,” which describes itself as “home to some of the most beloved and well-recognized eyecare and eyewear brands in the world.”
EssilorLuxottica’s brand portfolio includes Ray-Ban, Oakley, Persol, Arnette, and Oliver Peoples. The Paris- and Milan-headquartered company also has licensing agreements with Giorgio Armani and Burberry.
Allegations#
The complaint says social platforms’ song libraries are cleared for personal use but not commercial use. The defendants allegedly failed to obtain standalone licenses for protected music in their uploads and commissioned influencer posts.
The suit also alleges the defendants “violated warnings from Instagram, TikTok, Meta, and YouTube that alerted users that copyrighted music could not be used in posts without first obtaining a license,” and includes a screenshot of TikTok’s “Music Usage Confirmation” page.
The social videos associated with Ray-Ban, Oakley, and other brands allegedly infringed on at least 427 recordings and compositions, including approximately 140 recordings by artists such as Dua Lipa, the Ramones, Charli XCX, the Black Keys, and Van Halen.
Damages and context#
Warner Music Group claims the clips were critical to EssilorLuxottica’s nearly $15 billion in fiscal year 2025 revenue in North America. The lawsuit seeks relief for direct, vicarious, and contributory infringement, with the contributory claim tied to influencer posts.
The suit cites earlier litigation involving Bang Energy, which declared bankruptcy in 2022 and was sold to Monster Beverage the following year. Similar complaints have been filed against Designer Shoe Warehouse, universities, NBA teams, professional hockey teams, restaurant chains, Crumbl, Pacsun, Drew Barrymore, and others.
With maximum statutory damages of $150,000 per allegedly infringed work, the total sought exceeds $64 million.
