On October 15, 2021, Tamara Wareka p/k/a Tamara Williams (“Williams” or “Plaintiff”), represented by Rayminh Ngo of Nao Law Practice, filed an intellectual property lawsuit against Shutterstock, Inc. (“Shutterstock”) and DOES 1-10 (“Defendants”), seeking injunctive relief and damages along with prejudgement and post-judgement interests among other relief for the alleged copyright infringement by Defendants. This case was filed in the United States District Court in the Eastern District of New York.
In the complaint, Plaintiff alleged that, “Williams licenses her work for a fee. Williams’ portfolio includes international clients, and Williams’ work has been featured in top publications such as Vogue, Harper’s Bazaar, Marie Claire, Elle, L’Officiel, Glamour, Cosmopolitan, Maxim, and many more. Additionally, her work has been used commercially by brands such as NARS, KKW, Fenty, and Benefit” and “Williams is the sole author and exclusive rights holder to one photograph of the model known professionally as Kiana Alexis.”
Plaintiff further alleged that, “Williams is informed and believes Shutterstock utilizes the Website for commercial purposes to license the stock photography content displayed on the Website” and “Williams is informed and believes Shutterstock has the ability to supervise and control the content on the Website.” The Plaintiff also alleged that, “On or about July 23, 2021, Williams discovered Shutterstock had used the Kiana Photograph on the Website” and “Williams did not consent to or authorize Shutterstock to use the Kiana Photograph on the Website.”
Plaintiff also alleged that, “Williams also discovered that the Kiana Photograph, as it was being displayed on the Website, included Shutterstock’s watermark” and “After discovering the infringement, Williams (through counsel) sent cease and desist correspondence to Shutterstock, regarding the Kiana Photograph, and requested an accounting of all licenses sold and sales data for the Kiana Photograph. Williams’s counsel attempted to settle the matter prior to filing this Compliant but was not successful.” The Plaintiff also alleged that, “Williams is informed and believes Shutterstock knew it did not have permission to use the Kiana Photograph on its website and willfully infringed Williams’ Kiana Photograph” and “Williams is informed and believes Shutterstock knowingly falsified the watermark on the Kiana Photograph, as used on the website, in order to conceal its infringing conduct.”
There are two claims of relief laid down by Plaintiff. The first claim is for the alleged copyright infringement 17 U.S.C. § 101, et seq. The second claim is for the alleged falsification of copyright management information 17 U.S.C. § 1202.
In the prayer for relief, Plaintiff requested the court for injunctive relief and an award of actual damages and disgorgement of all profits attributable to the infringement as provided by 17 U.S.C. §504(b) in an amount to be proven or, in the alternative, at Williams’ election, an award for statutory damages against Shutterstock in an amount up to $150,000 for each infringement pursuant to 17 U.S.C. § 504(c), whichever is larger, along with costs of litigation and reasonable attorney’s fees, statutory damages against Shutterstock in an amount up to $25,000 with prejudgement and post-judgement interest, and any other relief the court deems just and proper.
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Pending - Other Pending
TAMARA WAREKA a/k/a TAMARA WILLIAMS
DOES 1-10, inclusive
Attorney at Nao Law Practice
715 East 3900 South, Suite 209
Salt Lake City, UT 84107
Civil Cover Sheet
Docket(#2) Corporate Disclosure Statement by TAMARA WAREKA a/k/a TAMARA WILLIAMS (Ngo, Rayminh) (Entered: 10/15/2021)Read MoreRead Less
Docket(#1) COMPLAINT against DOES 1-10, inclusive, SHUTTERSTOCK, INC. filing fee $ 402, receipt number ANYEDC-14939668 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by TAMARA WAREKA a/k/a TAMARA WILLIAMS. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Proposed Summons) (Ngo, Rayminh) (Entered: 10/15/2021)Read MoreRead Less
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