WHITEvoid GmbH v. Lux Entertainment S.p.A.

Background

WHITEvoid GmbH and its founder, Christopher Bauder, sued Lux Entertainment S.p.A., Lux America Inc., and Balloon Museum USA LLC, collectively called “Lux” in the opinion. The plaintiffs asserted claims for copyright infringement, violations of the Visual Artists Rights Act, and conversion concerning the Electric Moons art installation. On the same day they filed the lawsuit, they moved for a preliminary injunction, which is an order intended to prevent conduct while a case is pending. They sought to stop Lux from further publicly exhibiting the installation.

The motion was heard on June 26, 2025, after the parties agreed to an extended briefing schedule. At oral argument, Defendants admitted that they did not intend to return the Electric Moons exhibit to the plaintiffs when the San Francisco exhibition ended. The plaintiffs also acknowledged that the alleged harm had been occurring for “months” before the lawsuit was filed.

Court’s analysis

The court determined that an expedited trial was warranted and used Federal Rule of Civil Procedure 65(a)(2) to combine the preliminary-injunction proceeding with a trial on the merits. The court explained that the copyright and conversion claims depended at least partly on interpreting the parties’ contract and resolving whether the contract had been terminated or breached. Although both sides agreed that German law governed the contract, neither side supplied the information needed for the court to determine the meaning of that foreign law, as required by Rule 44.1.

The court also concluded that it could not resolve, on the existing record, factual questions relevant to the Visual Artists Rights Act claim. Specifically, the court could not determine whether Bauder’s work had been modified in a way prejudicial to his honor or reputation. The court therefore did not resolve liability or the parties’ underlying claims in this order.

Order and case schedule

The court converted the preliminary-injunction motion into a jury trial on the merits and set the trial to begin August 26, 2025, at 8:00 a.m. The court expected the trial to last no more than five court days. It referred the parties to Magistrate Judge Cousins for a settlement conference and ordered them to cooperate on an expedited discovery schedule, including document production and depositions. The parties were required to file a proposed expedited discovery plan by July 9, 2025.

The order also established requirements for the final pretrial order, jury instructions, trial briefs, verdict forms, exhibit objections, motions in limine, witness disclosures, exhibits, and jury selection. The opinion is a case-management and trial-setting order; it does not state a final decision on the copyright, Visual Artists Rights Act, or conversion claims.