SAN DIEGO – A San Diego architectural photographer claims a business allowed a third party to his use photos without his authorization.
John J. Durant filed a complaint on Jan. 25 in the U.S. District Court for the Southern District of California against Basile Inc. and Does 1-5 alleging copyright infringement.
According to the complaint, the parties entered into an agreement in 2011 for Basile's use of plaintiff's photos. The plaintiff alleges that the defendants allowed a third-party the rights to utilize, reproduce and publish plaintiff's copyrighted images without consent from plaintiff. The plaintiff holds Basile Inc. and Does 1-5 responsible because the defendants allegedly caused plaintiff to suffer lost profits and damages to its business, reputation and goodwill, and caused confusion and mistake in the minds of the public with respect to the origin, affiliation, and source of defendant's images.
The plaintiff requests a trial by jury and seeks judgment against defendant, statutory damages in an amount of $150,000 for each infringement, actual damages, profits from infringement, costs of litigation, attorney’s fees, and other relief the court deems just. He is represented by Naomi Sarega of Higbee & Associates in Santa Ana.
U.S. District Court for the Southern District of California Case number 3:17-cv-00145