Articles Posted in INND News

Plaintiff Image Professionals GmbH, operating as StockFood, has filed a lawsuit against Warsaw, Indiana Defendant, The American Table Restaurant, Inc. for copyright infringement. Based in Munich, Germany, Plaintiff specializes in creating and licensing premium food-related imagery, videos, and recipes.

The lawsuit involves a photograph titled “00687624,” registered with the U.S. Copyright Office in 2011. The image was created by a professional photographer who transferred exclusive rights to the Plaintiff, including the right to pursue infringement actions. The Defendant, The American Table Restaurant, is accused of displaying the image on its website and social media without permission, using it for commercial purposes without obtaining a license.

Plaintiff discovered the alleged infringement in March 2024 and notified Defendant, but claims Defendant continued to use the image. Plaintiff asserts this unauthorized use violates the Copyright Act 17 U.S.C. § 501, arguing that the infringement was willful, as evidenced by Defendant’s own copyright notice on its website. Plaintiff seeks a declaration of infringement, actual damages, disgorgement of profits, statutory damages, attorney’s fees, and a permanent injunction to prevent further violations.

Plaintiff Harold Davis has filed a lawsuit against Defendant Fort Wayne Allergy & Asthma Consultants, Inc. (FW Allergy) for alleged copyright infringement. Davis claims that FW Allergy violated his exclusive rights under the Copyright Act by using his copyrighted photograph, titled “WASP,” without permission. Davis, an allegedly accomplished artist and photographer recognized for his innovative techniques, created the photograph in 2005, and it was registered with the U.S. Copyright Office in 2016.

In addition to his proclaimed status a highly accomplished artist and photographer, Mr. Davis appears to be an accomplished, or at least frequent, litigator.  According to Justia.com, he has filed 23 copyright infringement suits across the country since 2017.

FW Allergy, based in Fort Wayne, Indiana, operates a website at www.fortwayneallergy.com to advertise its allergy and asthma services. Davis alleges that FW Allergy used his photograph to promote its business in a post titled “Stinging Insect Allergy” on March 16, 2023, and distributed it online without his consent. Davis asserts that these actions constitute copyright infringement.

Plaintiff Morgan Howarth, through his legal counsel, filed a complaint against Defendant Premier Aquascapes LTD for copyright infringement under the Copyright Act, 17 U.S.C. §101 et seq. According to the complaint, Howarth, a professional photographer based in Virginia, owns the rights to a photograph of a luxury backyard pool and has commercial licensing rights for its online and print use.

Premier Aquascapes, an Indiana landscaping company, operates multiple social media accounts, including “premiereaquascapes” on Facebook, “@PremiereAqua” on X (formerly Twitter), and “@premiereaqua” on Facebook. The Plaintiff alleges that the Defendant used his Photograph without permission, violating U.S. copyright laws.

Court documents claim the Photograph was registered with the United States Copyright Office (USCO) on January 19, 2017. Despite Plaintiff’s attempts to resolve the issue in October and November 2024, the Defendant allegedly continued to infringe on the work, resulting in harm to the Photograph’s commercial market.