Complaint Filed by Michael Stewart; Jury Demand. Filing Fee $ 405, Receipt Number AILNDC-24912135. (Attachments: # 1 Exhibit Original Photograph, # 2 Exhibit Infringing Use of the Photograph)(Aragona, Renee)
INTRODUCTION
1This action seeks to recover damages for copyright infringement under the Copyright Act, 17 U.S.C. §101 et seq.
2Plaintiff created a photograph of celebrity Nick Jonas (the “Photograph”) in which Plaintiff owns the rights and licenses for various uses including online and print publications.
3Defendant owns and operates a website at premier-shops.com (the “Website”).
4Defendant uses the Website to promote its streetwear and other clothing collections.
5Defendant, without permission or authorization from Plaintiff, actively copied and/or displayed the Photograph on the Website and engaged in this misconduct knowingly and in violation of the United States copyright laws.
PARTIES
6Plaintiff Michael Stewart is an individual who is a citizen of the State of New York and maintains a principal place of business in New York County, New York.
7Upon information and belief, defendant Culture Kick's, Inc., is an Illinois Case: 1:26-cv-03482 Document #: 1 Filed: 03/30/26 Page 1 of 9 PageID #:1 Corporation with a principal place of business in Orland Park in Cook County, Illinois.
JURISDICTION AND VENUE
8This Court has subject matter jurisdiction over the federal copyright infringement claims pursuant to 28 U.S.C. §1338(a) and 28 U.S.C. §1331.
9This Court has personal jurisdiction over Defendant because it maintains its principal place of business in Illinois.
10Venue is proper under 28 U.S.C. §1391(b)(2) because Defendant does business in this Judicial District and/or because a substantial part of the events or omissions giving rise to the claim occurred in this Judicial District.
FACTS COMMON TO ALL CLAIMS
A.
Plaintiff's Copyright Ownership
11Plaintiff is a professional photographer by trade who is the legal and rightful owner of certain photographs which Plaintiff commercially licenses.
12Plaintiff has invested significant time and money in building Plaintiff's photograph portfolio.
13Plaintiff has obtained active and valid copyright registrations from the United States Copyright Office (the “USCO”) which cover many of Plaintiff's photographs while many others are the subject of pending copyright applications.
14Plaintiff's photographs are original, creative works in which Plaintiff owns protectable copyright interests.
15On December 22, 2019, Plaintiff first published the Photograph. A copy of the Photograph is attached hereto as Exhibit 1.
16Plaintiff published the Photograph by placing it with a photo agency for licensing and for the purpose of display and/or public distribution.
17In creating the Photograph, Plaintiff personally selected the subject matter, timing, lighting, angle, perspective, depth, lens and camera equipment used to capture the image and made each and every artistic determination necessary for the creation of the work.
Case: 1:26-cv-03482 Document #: 1 Filed: 03/30/26 Page 2 of 9 PageID #:2
18On February 1, 2020, the Photograph was registered by the USCO under Registration No. VA 2-197-191.
19Plaintiff created the Photograph with the intention of it being used commercially and for the purpose of display and/or public distribution. B.
Defendant's Infringing Activity
20Defendant is the registered owner of the Website and is responsible for its content.
21Defendant is the operator of the Website and is responsible for its content.
22The Website is a key component of Defendant's popular and lucrative commercial enterprise.
23The Website is monetized in that it sells merchandise to the public and, on information and belief, Defendant profits from these activities.
24Upon information and belief, Defendant is a sophisticated business in the fashion industry and has advanced operational and strategic expertise in an industry where copyright is prevalent.
25Upon information and belief, Defendant's staff have significant experience in copyright matters and are familiar with the need to ensure that images used on the Website have been properly licensed.
26Upon information and belief, Defendant has not implemented adequate internal policies to verify copyright ownership before content use, indicating a gross negligence in legal compliance, which is essential for a company with Defendant's reach, capabilities, and level of sophistication.
27Upon information and belief, Defendant's internal policies, if any, are either not designed to verify copyright ownership before content use or are systematically ignored, indicating a willful, recurring disregard for copyright compliance.
28Defendant's failure to adopt or effectively enforce internal copyright policies, if any, indicates de facto willful infringement.
29On or about January 18, 2022, without permission or authorization from Plaintiff, Case: 1:26-cv-03482 Document #: 1 Filed: 03/30/26 Page 3 of 9 PageID #:3 Defendant volitionally copied and displayed the Photograph on the Website as part of an article at
URL
https://premier-shops.com/blogs/news/loungewear-edit-the-best-dressed-male-celebrities- of-2021. A copy of a screengrab depicting the Infringement is attached hereto as Exhibit 2.
30The Photograph was intentionally and volitionally copied and stored by Defendant at
URL: https://cdn.shopify.com/s/files/1/0276/5638/8747/files/nick_jonas_480x480.jpg-
?v=1642163404.
31The Infringement is an exact copy of the majority of Plaintiff's original image that was directly copied and displayed by Defendant.
32Plaintiff first observed the Infringement on May 22, 2023.
33Upon information and belief, the Photograph was copied and displayed by Defendant without license or permission, thereby infringing on Plaintiff's copyrights in and to the Photograph.
34The Infringement includes a URL (“Uniform Resource Locator”) for a fixed tangible medium of expression that was sufficiently permanent or stable to permit it to be communicated for a period of more than a transitory duration and therefore constitutes a specific infringement.
35Upon information and belief, Defendant takes an active and pervasive role in the content posted on its Website, including, but not limited to copying, posting, selecting, commenting on and displaying images including but not limited to Plaintiff's Photograph.
36Upon information and belief, the Photograph was willfully and volitionally posted to the Website by Defendant.
37Upon information and belief, the Infringement was not posted at the direction of a “user”, as that term is defined in 17 U.S.C. §512(c).
38Upon information and belief, Defendant was aware of facts or circumstances from which the determination regarding the Infringement was apparent. Defendant cannot claim that it was not aware of the infringing activities, including the specific Infringement which form the basis of this complaint, since such a claim would amount to only willful blindness to the Infringement
Case: 1:26-cv-03482 Document #: 1 Filed: 03/30/26 Page 4 of 9 PageID #:4 on the part of Defendant.
39Upon information and belief, Defendant engaged in the Infringement knowingly and in violation of applicable United States copyright laws.
40Upon information and belief, Defendant had complete control over and actively reviewed and monitored the content posted on the Website.
41Upon information and belief, Defendant has the legal right and ability to control and limit the infringing activities on its Website and exercised and/or had the right and ability to exercise such right.
42Upon information and belief, Defendant monitors the content on its Website.
43Upon information and belief, Defendant has received a financial benefit directly attributable to the Infringement.
44Upon information and belief, the Infringement increased traffic to the Website and, in turn, caused Defendant to realize an increase in its merchandise sales.
45Upon information and belief, a large number of people have viewed the unlawful copies of the Photograph on the Website.
46Upon information and belief, Defendant at all times had the ability to stop the reproduction and display of Plaintiff's copyrighted material.
47Defendant's use of the Photograph harmed the actual market for the Photograph.
48Defendant's use of the Photograph, if widespread, would harm Plaintiff's potential market for the Photograph.
49On June 12, 2023, Plaintiff, via counsel, served a letter seeking to address the complaints contained herein concerning Defendant's infringement of Plaintiff's rights-protected work.
50Thereafter, on February 15, 2024, Plaintiff, via counsel, served a follow up letter seeking to address said complaints directly with Defendant in attempt to avoid litigation.
51Despite Plaintiff's efforts and willingness to address Defendant's infringing activity the parties failed to resolve the instant matter and Plaintiff was forced to seek judicial intervention
Case: 1:26-cv-03482 Document #: 1 Filed: 03/30/26 Page 5 of 9 PageID #:5
Read the full filing
You’re reading pages 1–5 of 9. Register free to read the complete 9-page transcript on this page.
Register free to continue reading →
These are public U.S. federal court records, available free from PACER and the court. Registration unlocks our full on-page transcript — a convenience service.
advertisement
Public U.S. federal court record (district court docket 73111627, document 1). Source via the RECAP Archive (Free Law Project). The same record is available from PACER. Informational only — not legal advice.