Alexander Stross v. The Microsoft Network, LLC et al

On September 24, 2021, Alexander Stross (“Stross'' or “Plaintiff”), represented by Benjamin Firestone Tookey and Stephen M. Doniger of Doniger Burroughs APC, filed an intellectual property lawsuit against The Microsoft Network, LLC (“MSN”) and DOES 1 through 10 (collectively, “DOE Defendants'') (altogether with MSN, “Defendants”), seeking injunctive relief and damages along with prejudgment interest for the alleged infringement of United States Copyright owned by the plaintiff. This case was filed in the U.S. District Court in the Central District of California with Judges R. Gary Klausner and Pedro V. Castillo presiding.

The plaintiff filed this complaint for the alleged infringement of United States Copyright i.e., the six original (the “Subject Photographs”), owned by the plaintiff.

In the complaint the plaintiff alleged that, “Following the publication and display of the Subject Photographs, MSN, DOE Defendants, and each of them used the Subject Photographs without Plaintiff’s authorization for commercial purposes in various ways, including on MSN’s website www.msn.com (the “Accused Posts”). Upon information and belief, Defendants, and each of them, had access to the Subject Photographs, including through Plaintiff’s website and social media accounts, Internet search engines, or third-party websites.”

The plaintiff further alleged, “That Defendants, and each of them, infringed Plaintiff’s copyrights in and to the Subject Photographs by copying, storing, displaying, reproducing, transmitting, distributing, publishing, and/or otherwise using the Subject Photographs on MSN’s website without a license or Plaintiff’s authorization or consent. Due to Defendants’, and each of their, acts of copyright infringement. Plaintiff has suffered damages.”

The plaintiff also alleged that, “Due to Defendants’, and each of their, acts of copyright infringement, Defendants, and each of them, have obtained profits they would not have realized but for their infringement of the Subject Photographs. Upon information and belief, Plaintiff alleges that Defendants, and each of them, committed the foregoing acts of copyright infringement willfully, intentionally, maliciously, or with reckless disregard for Plaintiff’s rights in the Subject Photographs.”

There is only one claim for relief laid down by the plaintiff which deals with the alleged infringement of Copyright owned by the plaintiff.

In its prayer for relief the plaintiff has requested the court that the defendants—each of them—their respective agents, and anyone acting in concert with the defendants or their agents, be enjoined from copying, storing, displaying, reproducing, transmitting, distributing, publishing, and/or otherwise using the Subject Photographs without a license or the plaintiff’s authorization or consent. The plaintiff requested an order requiring the defendants, and each of them, to remove the Subject Photographs from MSN’s website and all other websites and/or servers that MSN owns and/or operates. Further, the plaintiff requested to be awarded all profits attributable to the defendants’ and each of their acts of copyright infringement plus all losses of the plaintiff or alternatively, statutory damages as available under 17 U.S.C. § 504. The plaintiff requested to be awarded its attorneys’ fees as available under 17 U.S.C. § 505 along with pre-judgment interest as allowed by law and the costs of this action along with such further legal and equitable relief as the court deems proper.

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