SHERMAN – A San Diego, California man alleges a The Colony business used his photograph without permission.

John Durant filed a complaint on April 6 in the Sherman District of the Eastern District of Texas against Bean Infosystems LLC and Does 1 through 10 alleging violation of the Digital Millennium Copyright Act and copyright infringement.

According to the complaint, the plaintiff is the owner of a photograph depicting the interior of an office and that the photo was registered with the U.S. Copyright Office in 2007. He alleges the defendant used the photograph without authorization for commercial purposes and on its website.

The plaintiff holds Bean Infosystems LLC and Does 1 through 10 responsible because the defendants allegedly used and distributed plaintiff's photograph without authorization and intentionally altered plaintiff's attribution and copyright management from the photograph and/or added a false attribution.

The plaintiff requests a trial by jury and seeks an order enjoining defendants from infringing plaintiff’s copyrighted works, award statutory damages, attorneys’ fees, costs, prejudgment interest and such other legal and proper relief. He is represented by Robert Cherry of Doniger/Burroughs in Elgin.

Sherman District of the Eastern District of Texas case number 4:18-cv-00240




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