This case was last updated from U.S. District Courts on 01/02/2022 at 07:16:33 (UTC).

Stross v. Zillow Inc et al

Case Summary

On November 3, 2021, Alexander Bayonne Stross (“Stross” or “Plaintiff”), represented by Joel Benjamin Rothman of Sriplaw, filed an intellectual property lawsuit against Zillow, Inc. and Trulia, LLC (collectively, “Defendants”), seeking injunctive relief and damages along with pre and post-judgment interest, costs and attorneys’ fees, for allegedly copying Stross' copyrighted Works from the internet in order to advertise, market and promote their business activities. This case was filed in U.S. District Court in the Western District of Washington with Judge Brian A. Tsuchida

 

In the complaint, the Plaintiff alleged that, “Stross is the owner and principal photographer of Stross Stock. After traveling the world with his camera, creating thousands of high-quality photographs, the natural next step was to offer the public means to license his work. Each photo on Stross Stock is shot with topquality equipment, thoughtfully produced, hand selected, and tastefully edited before being made available to the public.” The Plaintiff also alleged that, “Stross' Works are protected by copyright but are not otherwise confidential, proprietary, or trade secrets.” “At all relevant times Stross was the owner of the copyrighted Works at issue in this case.”

 

The Plaintiff further alleged that, “Defendants have never been licensed to use the Works at issue in this action for any purpose. On a date after the Works at issue in this action were created, but prior to the filing of this action, Defendants copied the Works. Defendants copied Stross' copyrighted Works without Stross' permission. After Defendants copied the Works, they made further copies and distributed the Works on the internet to promote the sale of goods and services as part of their online real estate marketplace business. Defendants copied and distributed Stross' copyrighted Works in connection with Defendants’ business for purposes of advertising and promoting Defendants’ business, and in the course and scope of advertising and selling products and services.”

 

The Plaintiff lists out two claims for relief. The first claim alleged is for Copyright Infringement and the second claim alleged is for removal of Copyright Management Information, wherein the Plaintiff alleged that, Defendants knowingly and with the intent to enable or facilitate copyright infringement, removed CMI from the Works at issue in this action in violation of 17 U.S.C. § 1202(b). The Plaintiff further alleged that the Defendants committed these acts knowing or having reasonable grounds to know that they will induce, enable, facilitate or conceal infringement of Stross' rights in the Works at issue in this action protected under the Copyright Act.

 

In the prayer for relief, the Plaintiff requested the Court that Defendants and their officers, agents, servants, employees, affiliated entities, and all of those in active concert with them, be preliminarily and permanently enjoined from committing the acts alleged herein in violation of 17 U.S.C. §§ 501, 1203, and be required to pay Plaintiff actual damages and Defendants’ profits attributable to the infringement or, at Plaintiff's election, statutory damages as provided in 17 U.S.C. §§ 504, 1203. Furthermore, the Plaintiff requested the Court to order that Defendants be required to pay Plaintiff his damages including lost sales and Defendants’ profits as provided in 15 U.S.C. § 1125 as well as his attorneys’ fees, costs of suit and pre and post-judgment interest.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-01489

  • Filing Date:

    11/03/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Copyright

Judge Details

Presiding Judge

Richard A. Jones

Referral Judge

Brian A Tsuchida

 

Party Details

Plaintiff

Alexander Bayonne Stross

Defendants and Debtor In Possession

Zillow, Inc.

Trulia, LLC

Zillow Inc

Trulia LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Jeremy E Roller

Attorney at ARETE LAW GROUP PLLC

1218 Third Ave Ste 2100

Seattle, WA 98101

Joel Benjamin Rothman

Attorney at SRIPLAW

21301 Powerline Rd Ste 100

Boca Raton, FL 33433

Defendant Attorney

Michael G Atkins

Attorney at ATKINS INTELLECTUAL PROPERTY PLLC

113 Cherry Street, #18483

Seattle, WA 98104-2205

 

Court Documents

#10

(#10) ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT by Hon. Brian A Tsuchida. FRCP 26(f) Conference Deadline is 1/5/2022, Initial Disclosure Deadline is 1/19/2022, Joint Status Report due by 2/2/2022. (AQ) (Entered: 12/08/2021)

#9

(#9) MINUTE ORDER REASSIGNING CASE by Clerk Ravi Subramanian. Case reassigned to Judge Richard A. Jones and referred to Hon. Brian A Tsuchida pursuant to Local Rule MJR 6 and General Order 02-19. (AQ) (Entered: 12/08/2021)

#8

(#8) NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Each party will be deemed to have knowingly and voluntarily consented to proceed before a Magistrate Judge if this form is not returned by 12/14/2021. Please Note: Forms must not be electronically filed with the Court. (AQ) (Entered: 12/07/2021)

#7

(#7) CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Zillow, Inc. for Trulia LLC. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Trulia LLC, Zillow Inc (Atkins, Michael) (Entered: 12/07/2021)

5 #1

Return of Service - Trulia

5 #5

Main Document

#4

(#4) CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Alexander Bayonne Stross (Rothman, Joel) (Entered: 11/09/2021)

#3

(#3) REPORT on the filing or determination of an action. Mailed to the US Copyright Office. (ST) (Entered: 11/05/2021)

2 #1

Summons

1 #8

Report on the Filing of an Action Regarding a Copyright

1 #7

Summons

1 #6

Summons

1 #5

Civil Cover Sheet

1 #4

Exhibit 4 - Takedown Notices

1 #3

Exhibit 3 - Infringement

1 #2

Exhibit 2 - Registrations

1 #1

Exhibit 1 - Works

1 #1

Main Document

11 More Documents Available
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Docket Entries

  • 12/08/2021
  • View Court Documents
  • Docket(#10) ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT by Hon. Brian A Tsuchida. FRCP 26(f) Conference Deadline is 1/5/2022, Initial Disclosure Deadline is 1/19/2022, Joint Status Report due by 2/2/2022. (AQ) (Entered: 12/08/2021)

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  • 12/08/2021
  • View Court Documents
  • Docket(#9) MINUTE ORDER REASSIGNING CASE by Clerk Ravi Subramanian. Case reassigned to Judge Richard A. Jones and referred to Hon. Brian A Tsuchida pursuant to Local Rule MJR 6 and General Order 02-19. (AQ) (Entered: 12/08/2021)

    Read MoreRead Less
  • 12/07/2021
  • View Court Documents
  • Docket(#8) NOTICE OF ASSIGNMENT TO A US MAGISTRATE JUDGE AND DECLINATION OF CONSENT FORM. Each party will be deemed to have knowingly and voluntarily consented to proceed before a Magistrate Judge if this form is not returned by 12/14/2021. Please Note: Forms must not be electronically filed with the Court. (AQ) (Entered: 12/07/2021)

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  • 12/07/2021
  • View Court Documents
  • Docket(#7) CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Zillow, Inc. for Trulia LLC. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Trulia LLC, Zillow Inc (Atkins, Michael) (Entered: 12/07/2021)

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  • 12/07/2021
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  • Docket(#6) ANSWER to #1 Complaint,, with JURY DEMAND Attorney Michael G Atkins added to party Trulia LLC(pty:dft), Attorney Michael G Atkins added to party Zillow Inc(pty:dft) by Trulia LLC, Zillow Inc.(Atkins, Michael) (Entered: 12/07/2021)

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  • 11/30/2021
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  • Docket(#5) SERVICE OF SUMMONS and Complaint returned executed upon defendant Trulia LLC on 11/16/2021; Zillow Inc on 11/16/2021 (Attachments: #1 Return of Service - Trulia)(Rothman, Joel) (Entered: 11/30/2021)

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  • 11/09/2021
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  • Docket(#4) CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Alexander Bayonne Stross (Rothman, Joel) (Entered: 11/09/2021)

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  • 11/05/2021
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  • Docket(#3) REPORT on the filing or determination of an action. Mailed to the US Copyright Office. (ST) (Entered: 11/05/2021)

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  • 11/05/2021
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  • Docket(#2) Summons(es) Electronically Issued as to defendant(s) Trulia LLC, Zillow Inc. (Attachments: #1 Summons)(ST) (Entered: 11/05/2021)

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  • 11/05/2021
  • DocketHon. Brian A Tsuchida added. (ST) (Entered: 11/05/2021)

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  • 11/03/2021
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  • Docket(#1) COMPLAINT for Copyright Infringement - Injunctive Relief Demanded against defendant(s) Zillow, Inc., Trulia, LLC with JURY DEMAND (Receipt # AWAWDC-7320074) Attorney Joel Benjamin Rothman added to party Alexander Bayonne Stross(pty:pla), filed by Alexander Bayonne Stross. (Attachments: #1 Exhibit 1 - Works, #2 Exhibit 2 - Registrations, #3 Exhibit 3 - Infringement, #4 Exhibit 4 - Takedown Notices, #5 Civil Cover Sheet, #6 Summons, #7 Summons, #8 Report on the Filing of an Action Regarding a Copyright)(Rothman, Joel) (Attachment 5 replaced to flatten PDF on 11/4/2021) (MET). (Attachment 8 replaced to flatten PDF on 11/4/2021) (MET). (Entered: 11/03/2021)

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