Barry Rosen alleges that starting July 23, 2015, he sent numerous Notices of Claimed Infringement to eBay. | Contributed image
A San Diego photographer is suing eBay, citing alleged copyright infringement.
Barry Rosen filed a complaint on Jan. 2 in the U.S. District Court for the Southern District of California against eBay Inc. for alleged violation of the Copyright Infringement Act.
According to the complaint, Rosen alleges that starting July 23, 2015, he sent numerous Notices of Claimed Infringement to eBay related to infringement of his copyrights for a seller using the name mmgarchives but defendant allegedly failed to expeditiously remove/disable the infringing activities from its websites. Plaintiff also claims defendant distributed both the infringing listing data and infringing photographs to Terapeak for its own purposes or profited from such distribution pursuant to licensing agreement with Terapeak.
The plaintiff holds eBay Inc. responsible because the defendant allegedly failed to delete or remove access to both the listing data and infringing images from its servers and received financial benefit directly attributable to the infringing activity by the user mmgarchives, and that it had has the right and ability to control such activity, but failed to do so.
The plaintiff requests a trial by jury and seeks judgment for actual and statutory damages, prejudgment interest, attorneys fees, costs, preliminary and permanent injunctive relief, and for such other and further relief as the Court deems just and appropriate.
U.S. District Court for the Southern District of California Case number 3:18-cv-00002-MMA-JLB