This case was last updated from PACER on 10/22/2021 at 14:53:23 (UTC).

Adam George v. Hotels.com, L.P. et al

Case Summary

On October 12, 2021, Adam George (“Plaintiff”), represented by Stephen M. Doniger of Doniger Burroughs, filed an intellectual property lawsuit against Hotels.com, L.P. (“Hotels”); Orbitz Worldwide, Inc.; and Does 1 (collectively, “Defendants”), seeking injunctive relief, statutory damages, costs, pre-judgment interest and other reliefs for alleged copyright infringement by the Defendants. This case was filed in U.S. District Court in the Central District of California with Judge Fernando L. Aenlle-Rocha and Judge Gail J. Standish presiding.

 

This complaint arises from Defendants’ alleged unlawful copyright infringement of the Plaintiff’s original photograph entitled “Hafen/Bishop Engagement Shoot” (“Subject Photograph”). Plaintiff is informed and believes and thereon alleges that following Grorge’s creation of the Subject Work, Defendants, and each of them used the Subject Work without Plaintiff’s authorization for commercial purposes in various ways, including, but not limited to, the use in articles and advertising on websites and URLS. 

 

In the complaint, the Plaintiff alleged that, “Plaintiff is informed and believes and thereon alleges that Defendants, and each of them, had access to the Subject Work, including, without limitation, through viewing the Subject Work on Plaintiff’s website or viewing the Subject Work on a third-party websites (e.g., Tumblr, Pinterest, etc.). Plaintiff is informed and believes and thereon alleges that Defendants, and each of them, used and distributed images of the Subject Work, and exploited said images in multiple website posts without Plaintiff’s authorization or consent.”

 

The Plaintiff also alleged that, “Due to Defendants’, and each of their, acts of infringement, Plaintiff has suffered damages in an amount to be established at trial. Due to Defendants’, and each of their, acts of copyright infringement as alleged herein, Defendants, and each of them, have obtained profits they would not otherwise have realized but for their infringement of the Subject Work. As such, Plaintiff is entitled to disgorgement of Defendants’, and each of their, profits attributable to the infringement of Subject Work in an amount to be established at trial.”

 

Further, the Plaintiff alleged that, “Plaintiff is informed and believes and thereon alleges that Defendants, and each of them, have committed copyright infringement with actual or constructive knowledge of Plaintiff’s rights such that said acts of copyright infringement were, and continue to be, willful, intentional and malicious.”

 

There is one claim for relief laid down by the Plaintiff which is for the alleged copyright infringement of the Subject photograph.

 

In the prayer for relief, the Plaintiff has requested the Court to award injunctive relief along with statutory damages and/or penalties as available under 17 U.S.C. § 504, 17 U.S.C. §1203 including pre-judgment interest and that a constructive trust be entered over any revenues or other proceeds realized by Defendants, and each of them, through their infringement of Plaintiff’s intellectual property rights. Further, the Plaintiff requested the Court for costs and attorneys’ fees under the Copyright Act U.S.C. § 101 et seq. and further relief as the Court may deem just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-08110

  • Filing Date:

    10/12/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Copyright

Judge Details

Presiding Judge

Fernando L. Aenlle-Rocha

Referral Judge

Gail J. Standish

 

Party Details

Plaintiff

Adam George

Defendants

Hotels.com, L.P.

Orbitz Worldwide, Inc.

DOES 1 through 10

Attorney/Law Firm Details

Plaintiff Attorney

Stephen M. Doniger

Attorney at Doniger Burroughs

603 Rose Avenue

Venice, CA 90291

 

Court Documents

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#11

 

Docket Entries

  • 10/20/2021
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  • Docket(#11) INITIAL STANDING ORDER upon filing of the complaint by Judge Fernando L. Aenlle-Rocha. (tf) (Entered: 10/20/2021)

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  • 10/19/2021
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  • Docket(#10) ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge Christina A. Snyder to Judge Fernando L. Aenlle-Rocha for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-08110 FLA(GJSx). (rn) (Entered: 10/19/2021)

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  • 10/13/2021
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  • Docket(#9) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants Hotels.com, L.P., Orbitz Worldwide, Inc. (lh) (Entered: 10/13/2021)

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  • 10/13/2021
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  • Docket(#8) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) (Entered: 10/13/2021)

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  • 10/13/2021
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  • Docket(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 10/13/2021)

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  • 10/13/2021
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  • Docket(#6) NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Gail J. Standish. (lh) (Entered: 10/13/2021)

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  • 10/12/2021
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  • Docket(#5) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Adam George. (Doniger, Stephen) (Entered: 10/12/2021)

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  • 10/12/2021
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  • Docket(#4) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Adam George. (Doniger, Stephen) (Entered: 10/12/2021)

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  • 10/12/2021
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  • Docket(#3) NOTICE of Interested Parties filed by Plaintiff Adam George, identifying HOTELS.COM, L.P. and ORBITZ WORLDWIDE, INC.. (Doniger, Stephen) (Entered: 10/12/2021)

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  • 10/12/2021
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  • Docket(#2) CIVIL COVER SHEET filed by Plaintiff Adam George. (Doniger, Stephen) (Entered: 10/12/2021)

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  • 10/12/2021
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  • Docket(#1) COMPLAINT Receipt No: ACACDC-32135138 - Fee: $402, filed by Plaintiff Adam George. (Attorney Stephen M. Doniger added to party Adam George(pty:pla))(Doniger, Stephen) (Entered: 10/12/2021)

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