Lawsuit alleges facial recognition contract breach, amid questions about litigant
Motorola-owned brand Vigilant may be anything but, says a legal challenge filed by a mysterious company called Likeness Data LLC. The suit accuses Vigilant of failing to attain permission to use Likeness’ photo database in the public launch of its facial recognition system. But questions about the litigant’s founder raise questions about the legitimacy of Likeness’ complaint.
Likeness Data LLC alleges that the Vigilant Facesearch product, marketed to law enforcement agencies to aid in biometric criminal identification, breaches a licensing agreement that granted Vigilant the right to use its booking photoset for internal use. In sublicensing data to external customers, says the suit, Vigilant undercut Likeness’ market competitiveness, to the tune of at least $40 million in damages.
“Essentially,” reads the complaint, “Vigilant and Motorola became wholesalers of the Likeness Data, without permission.”
In an investigation of the case, IPVM (subscription required and recommended) found that one Kyle Gerald Prall filed the suit against Motorola and Vigilant. Various documents show him identifying as either Kyle Prall or Gerald Prall; the former is the name that appears on the initial licensing agreement between the two parties. It is also the name of a man who served three years in prison for committing mail fraud, whom government records show was released in 2021.
According to the U.S. Justice Department, that Kyle Prall “used political committees’ debit cards to pay for his personal travel and entertainment expenses,” which included, among other charges, “Hookah, alcohol and bottle service,” and “club dances performed by entertainers.”
A lawyer for Likeness told IPVM that Prall has not held a role with the company for years.
Likeness Data LLP has no website or social media presence. A Texas business directory lists it as ‘Forfeited.’